126-07-BZ CEQR #07-BSA-090M APPLICANT – Ellen Hay, Wachtel & Masyr, LLP, for Massachusetts Mutual Life Insurance Co., owner; AGT Crunch New York, LLC, lessee. SUBJECT – Application May 17, 2007 – Special Permit (§73-36) to legalize the operation of a Physical Culture Establishment on a portion of the ground floor, second floor mezzanine, and on part of the second floor in a 43-story residential building. The proposal is contrary to §32-00. C6-4 zoning district. 42nd PREMISES AFFECTED – 555 West Street, north 42nd 11th Street, at Avenue, Block 1071, side of West Lot 1, Borough of Manhattan. COMMUNITY BOARD #4M APPEARANCES – For Applicant: Ellen Hay. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown and Commissioner Hinkson. .....................................................................4 Negative:......................................................................0 THE RESOLUTION: WHEREAS, the decision of the Manhattan Borough Commissioner, dated April 30, 2007, acting on Department of Buildings Application No. 104737448, reads in pertinent part: “Proposed Physical Culture Establishment not permitted in C6-4 zoning district within Special Clinton District “CI”. Impermissible use which requires special permit from BSA. Examination to commence thereafter”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site within a C6-4 zoning district, within the Special Clinton District, the establishment of a physical culture establishment (PCE) on portions of the ground floor, the second floor mezzanine, and portions of the second floor of an existing 43-story mixed-use residential and commercial building, contrary to ZR § 32-00; and WHEREAS, a public hearing was held on this application on August 7, 2007 after due notice by publication in The City Record, and then to decision on September 25, 2007; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by Commissioner Hinkson; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located at the 42nd 11th Street and Avenue; northeast corner of West and WHEREAS, the PCE occupies a portion of the ground floor (3,711 sq. ft.), the second floor mezzanine (3,311 sq. ft.), and a portion of the second floor (7,759 126-07-BZ CEQR #07-BSA-090M WHEREAS, the EAS documents that the operation of the PCE would not have significant adverse impacts on Land Use, Zoning, and Public Policy; Socioeconomic Conditions; Community Facilities and Services; Open Space; Shadows; Historic Resources; Urban Design and Visual Resources; Neighborhood Character; Natural Resources; Hazardous Materials; Waterfront Revitalization Program; Infrastructure; Solid Waste and Sanitation Services; Energy; Traffic and Parking; Transit and Pedestrians; Air Quality; Noise; Construction Impacts; and Public Health; and WHEREAS, the Board has determined that the operation of the PCE will not have a significant adverse impact on the environment. 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 within a C6-4 zoning district, within the Special Clinton District, the establishment of a physical culture establishment on portions of the ground floor, the second floor mezzanine and portions of the second floor of an existing 43-story mixed-use residential/commercial building, contrary to ZR §§ 32- 10; on condition that all work shall substantially conform to drawings filed with this application marked “Received May 17, 2007”-(6) sh

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