14-05-BZ CEQR #05-BSA-087M APPLICANT – The Law Office of Fred Becker, Esq. 8th 56th and for Resorts 56 Inc. dba as Spa Ja, lessee; Street Associates, owner. SUBJECT – Application January 26, 2005 – under Z.R. § 73-36 to allow a physical Culture establishment on second and third floor of a three story commercial building. Premises is located within the C6-4 (CL) zoning district. 56th Street, PREMISES AFFECTED – 300 West 56th 8th and Avenue, Block southwest corner of West 1046, Lot 36, Borough of Brooklyn. COMMUNITY BOARD #4M APPEARANCES – For Applicant: Fredrick A. Becker. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Chin and Commissioner Collins............4 Negative:.......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Manhattan Borough Commissioner, dated January 11, 2006, acting on Department of Buildings Application No. 104063656, reads, in pertinent part: “Proposed physical culture establishment is not permitted as-of-right in C6-4 District (ZR 32-00).”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, within a C6-4 (CL) zoning district, the legalization of a physical culture establishment (“PCE”) located on the second and third floors of an existing three-story commercial building, contrary to Z.R. § 32-00; and WHEREAS, a public hearing was held on this application on June 6, 2006, after due notice by publication in The City Record, and then to decision on June 20, 2006; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application; and WHEREAS, the Fire Department has indicated to the Board that it has no objection to this application, with the conditions set forth below; and WHEREAS, the applicant operates the facility as a spa, doing business under the name Spa Ja; and 56th WHEREAS, the premises is located on West Street at the southwest corner with Eighth Avenue, and has a lot area of 2,550 sq. ft.; and WHEREAS, the PCE occupies 1,162 sq. ft. on the first floor and 1,162 sq. ft. on the second floor; and WHEREAS, the applicant represents that the PCE provides massages and facials performed by licensed professionals; and WHEREAS, the PCE operates during the following hours: 9:00 a.m. to 9:00 p.m., Monday- Saturday and 10:00 a.m. to 7:00 p.m., Sunday; and WHEREAS, at hearing, the Board asked the 14-05-BZ CEQR #05-BSA-087M 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 Z.R. §§ 73-36 and 73-03, to permit, within a C6-4 (CL) zoning district, the legalization of a physical culture establishment located on the first and second floors of an existing three-story commercial building, contrary to Z.R. § 32-00; on condition that all work shall substantially conform to drawings filed with this application marked “Received June 8, 2006”–(3) sheets; and on further condition: THAT the term of this grant shall be for ten years from the date of the grant, expiring on June 20, 2016; 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 9:00 a.m. to 9:00 p.m., Monday-Saturday and 10:00 a.m. to 7:00 p.m., Sunday; THAT all massages shall be performed only by New York State licensed massage professionals; 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 all signage shall comply with regulations applicable in C6-4 zoning districts; THAT all fire protection measures, including, but not limited to, area smoke detectors, manual pull stations at each exit, local audible and visual alarms and connection t

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