2016-4328-BZ CEQR #17-BSA-041-M APPLICANT – Sheldon Lobel, P.C., for JSM Associates I LLC, owner; OTF Studios, LLC, lessee. SUBJECT – Application November 10, 2016 – Special Permit (§73-36) to permit the operation a Physical Cultural Establishment (Orangetheory Fitness) on the first and cellar floors of the existing building. C6-3 zoning district. PREMISES AFFECTED – 51 Astor Place, Block 554, Lot 35, Borough of Manhattan. COMMUNITY BOARD #3M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and Commissioner Sheta...4 Negative:...........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated May 4, 2017, acting on New Building Application No. 120746826, reads in pertinent part: “The proposed physical culture establishment is not permitted as of right in a C6-3 district as per ZR 32-10. BSA special permit per ZR 73-36 is required”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to permit, in a C6-3 zoning district, the legalization of a physical culture establishment (“PCE”) on the first and cellar floors of a 14-story mixed-use building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on October 31, 2017, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown and former Commissioner Montanez performed inspections of the site and surrounding neighborhood; and WHEREAS, Community Board 3, Manhattan, has no objection to this application; and WHEREAS, the subject site is located on a block bounded by Astor Place, Fourth Avenue, East 9th Street and Third Avenue, in a C6-3 zoning district, in Manhattan; and WHEREAS, the site has approximately 171 feet of frontage along Astor Place, 198 feet of frontage along Fourth Avenue, 231 feet of frontage along East 9th Street, 166 feet of frontage along Third Avenue, 36,177 square feet of lot area and is occupied by a 14- story mixed-use commercial and community-facility building; and WHEREAS, ZR § 73-36(a) provides that in C1- 8X, C1-9, C2, C4, C5, C6, C8, M1, M2 or M3 Districts, and in certain special districts as specified in the provisions of such special district, the Board may permit physical culture or health establishments as 2016-4328-BZ CEQR #17-BSA-041-M WHEREAS, the Board notes that pursuant to ZR § 73-04 and 73-36(b)(4), it has prescribed certain conditions and safeguards to the subject special permit in order to minimize the adverse effects of the special permit upon other property and community at large; the Board notes further that such conditions and safeguards shall be incorporated in the building permit and certificate of occupancy of the subject building, and that failure to comply with such conditions or restrictions shall constitute a violation of the Zoning Resolution and may constitute the basis for denial or revocation of a building permit or certificate of occupancy and for all other applicable remedies; and WHEREAS, as a threshold matter, the Board notes that the site is within the boundaries of a designated area in which the subject special permit is available; and WHEREAS, the subject PCE occupies 3,536 square feet of floor space as follows: 483 square feet of floor area on the first floor, including a reception area, and 3,053 square feet of floor area in the cellar, used for rowing machines, treadmills, dumbbells, suspension training, balance training, restrooms, showers and storage; and WHEREAS, the PCE has been in operation as Orangetheory Fitness since January 12, 2017, with the following hours of operation: 5:00 a.m. to 9:00 p.m., Monday through Thursday, 5:00 a.m. to 8:00 p.m., Friday, 7:00 a.m. to 1:00 p.m., Saturday, and 8:00 a.m. to 2:00 p.m., Sunday; and WHEREAS, the applicant represents that the PCE

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