8-09-BZ CEQR #09-BSA-062M APPLICANT – Sheldon Lobel, P.C., for CMG Group, LLC, owner; Facial and Tanning Consulting, Inc., lessee. SUBJECT – Application January 22, 2009 – Special Permit (§73-36) to allow the operation of a physical culture establishment on the second floor of an existing two-story commercial building. The proposal is contrary to ZR §32-10. C6-4 district. PREMISES AFFECTED – 125 Fulton Street, north side of Fulton Street, between Nassau Street and William Street, Block 91, Lot 11, Borough of Manhattan. COMMUNITY BOARD #1M APPEARANCES – For Applicant: Joshua Rinesmith. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice-Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez........................................5 Negative:.......................................................................0 THE RESOLUTION: WHEREAS, the decision of the Manhattan Borough Commissioner, dated April 7, 2009, acting on Department of Buildings Application No. 110387947, reads in pertinent part: “Proposed physical culture establishment requires a special permit from the Board of Standards and Appeals as per ZR 73-36;” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site in a C6-4 zoning district within the Special Lower Manhattan District, the legalization of a physical culture establishment (PCE) on the second floor of an existing two-story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on April 28, 2009 after due notice by publication in The City Record, and then to decision on June 9, 2009; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by Commissioner Hinkson; and WHEREAS, Community Board 1, Manhattan, recommends approval of this application; and WHEREAS, the subject site occupies a through lot located on the south side of Ann Street and the north side of Fulton Street between Nassau Street and William Street, in a C6-4 zoning district; and WHEREAS, the site is occupied by a two-story commercial building; and WHEREAS, the PCE will occupy 2,970 sq. ft. of floor area, comprising the entire second floor of the existing building; and WHEREAS, the PCE will be operated as the Papaya Spa; and WHEREAS, the proposed hours of operation are: 8-09-BZ CEQR #09-BSA-062M Therefore it is Resolved that the Board of Standards and Appeals issues a Negative Declaration prepared in accordance with Article 8 of the New York State Environmental Conservation Law and 6 NYCRR Part 617 and § 6-07(b) of the Rules of Procedure for City Environmental Quality Review and Executive Order No. 91 of 1977, as amended, and makes each and every one of the required findings under ZR §§ 73-36 and 73-03, to permit, on a site in a C6-4 zoning district within the Special Lower Manhattan District, the establishment of a physical culture establishment on the second floor of an existing two-story commercial building, contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received June 3, 2009”- Four (4) sheets; and on further condition: THAT the term of this grant shall expire on November 1, 2018; THAT there shall be no change in ownership or operating control of the physical culture establishment without prior application to and approval from the Board; THAT all massages shall be performed by New York State licensed massage therapists; THAT the above conditions shall appear on the Certificate of Occupancy; THAT Local Law 58/87 compliance shall be as reviewed and approved by DOB; THAT fire safety measures shall be installed and/or maintained as shown on the Board-approved plans; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s); THAT the approved plans shall be considered approved only for

… (truncated, full text in PDF)