96-05-BZ CEQR #05-BSA-121M APPLICANT – Petraro & Jones for Graceful Spa, lessee, 205 LLC, owner. SUBJECT – Application April 21, 2005 – under Z.R. §73-36 to permit a legalization of physical cultural establishment located on the second floor of a five story mixed-use building. The PCE use will contain 1,465 square feet . The site is located in a C6-3-A Zoning District. 14th PREMISES AFFECTED – 205 West Street, north 14th Street, 50’ west on intersection with side of West 7th Avenue, Block 764, Lot 35, Borough of Manhattan. COMMUNITY BOARD #4M APPEARANCES – For Applicant: Patrick W. Jones. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO CLOSE HEARING – Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Chin and Commissioner Collins...........4 Negative:.......................................................................0 THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice-Chair Babbar and Commissioner Chin......................................................3 Negative:.....................................................................0 Abstain: Commissioner Collins..................................1 THE RESOLUTION - WHEREAS, the decision of the Manhattan Borough Commissioner, dated April 15, 2005, acting on Department of Buildings Application No. 104027900, reads, in pertinent part: “Proposed physical culture establishment is [not] permitted as of right in C6-3A zoning district. This is contrary to section 32-10 ZR.”; and WHEREAS, this is an application under Z.R. §§ 73-36 and 73-03, to permit, within a C6-3 zoning district, the legalization of an existing physical culture establishment (“PCE”) located in a five-story building, contrary to Z.R. § 32-10; and WHEREAS, a public hearing was held on this application on December 6, 2005, after due notice by publication in The City Record, and then to closure and decision on January 10, 2006; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application; and WHEREAS, the New York City Fire Department has indicated to the Board that is has no objection to this application; and WHEREAS, the subject site is located on the 14th Street, 50 feet west of Seventh north side of West Avenue, and has a lot area of 2,400 sq. ft.; and WHEREAS, the subject PCE will occupy 1,465 sq. ft. of floor area on the second floor; and WHEREAS, the applicant represents that the PCE will provide massage services by licensed massage professionals; and 96-05-BZ CEQR #05-BSA-121M Environmental Quality Review and Executive Order No. 91 of 1977, as amended, and makes each and every one of the required findings under Z.R. §§ 73-36 and 73-03, to permit, within a C6-3 zoning district, the legalization of an existing physical culture establishment located in a five-story building; on condition that all work shall substantially conform to drawings as they apply to the objections above noted filed with this application marked “Received December 19, 2005”-(4) sheets and on further condition: THAT the term of this grant shall be for ten years from March 29, 2004, expiring on March 29, 2014; 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 the hours of operation shall be limited to 10:00AM to 10:00PM daily; 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, including a sprinkler system, shall be as installed and maintained on the Board-approved plans; THAT an interior fire alarm system shall be provided as set forth on the BSA-approved plans and approved by DOB; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and TH

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