2018-37-BZ CEQR #18-BSA-109M APPLICANT – Rothkrug Rothkrug & Spector ERY North Tower RHC Tenant LLC, owner. SUBJECT – Application March 13, 2018 Permit (§73-36) to permit the operation of culture establishment (Equinox Hotel Spa) to on the fifth floor of a 72-story mixed-use contrary to ZR §32-10. C6-4 Hudson Yards District. 33rd PREMISES AFFECTED – 560 West Street Hudson Yards, Block 702, Lot 150, Borough Manhattan. COMMUNITY BOARD #4M Application ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, and Commissioner Sheta…………………………………………………...4 Negative.......................................................................0 Absent: Commissioner Scibetta…………………..….1 THE RESOLUTION – WHEREAS, the decision of the Department Buildings (“DOB”), dated February 27, 2018, New Building Application No. 121192618, pertinent part: “Proposed Physical Culture Establishment (massage) at floors 5th floor . . . permitted as of right as per ZR 32-10”; WHEREAS, this is an application §§ 73-36 and 73-03 to permit, in an C6-4 zoning and the Special Hudson Yards District, the a physical culture establishment on portions floor and fifth floor of the subject building, ZR § 32-10; and WHEREAS, a public hearing was held application on August 21, 2018, after due publication in The City Record, and then to August 21, 2018; and WHEREAS, Community Board 4, recommends approval of this application; WHEREAS, the subject site is located southeast corner of West 33rd Street and 11th in an C6-4 zoning district and the Special Yards District, in Manhattan; and WHEREAS, the subject site has approximately 175 feet of frontage along West 33rd Street, frontage along 11th Avenue, is part of a larger lot with 570,000 square feet of lot area and by a 72-story mixed-use building under construction; and WHEREAS, ZR § 73-36(a) provides 8X, C1-9, C2, C4, C5, C6, C8, M1, Districts, and in certain special districts as the provisions of such special district, the permit physical culture or health establishments defined in Section 12-10 for a term not to years, provided that the following findings (1) that such use is so located as impair the essential character future use or development surrounding area; and (2) that such use contains: (i) one or more of the following 2018-37-BZ CEQR #18-BSA-109M WHEREAS, the subject PCE will entrance on the first floor and will occupy 4,554 feet of floor area on the fifth floor, including and retail, a waiting area, a salon, saunas, a pod room, treatment rooms, post-treatment relaxation room, showers, locker rooms, restrooms a cryotherapy room; and WHEREAS, the PCE will be a spa Equinox Hotel, with the following hours of 9:00 a.m. to 9:00 p.m., daily; and WHEREAS, the applicant represents use is consistent with the vibrant mixed-use which it is located, that the PCE use will contained within the envelope of a new building that the PCE use will not generate noise because focus on creating a relaxing environment; WHEREAS, the Board finds that the so located as not to impair the essential character future use or development of the surrounding WHEREAS, the applicant states that the provide facilities for the practice of massage York State licensed masseurs and masseuses; WHEREAS, the Board finds that the use is consistent with those eligible pursuant 73-36(a)(2), for the issuance of the special WHEREAS, the Department of Investigation performed a background check on the corporate and operator of the establishment and the thereof, and issued a report which the deemed to be satisfactory; and WHEREAS, the applicant represents will be fully sprinklered and that an approved alarm—including area smoke detectors, manual stations at each required exist, local audible alarms and connection to an FDNY-approved station—will be installed in the entire PCE WHEREAS, the Board finds that, conditions and safeguards imposed, any disadvantage to the community at large proposed special permit use

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