2019-197-BZ CEQR #20-BSA-011M APPLICANT – Eric Palatnik, P.C., for 155 WEST 23 LEASEHOLD LLC, owner; Solidcore New York LLC, lessee. SUBJECT – Application July 24, 2019 – Special Permit (§73-36) to permit the legalization of a physical culture establishment (Solidcore) contrary to ZR §22- 10. C6-3X zoning district. 23rd Street, Block PREMISES AFFECTED –155 West 799, Lot 12, Borough of Manhattan. COMMUNITY BOARD #4M Application granted. ACTION OF THE BOARD – THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Ottley-Brown, Commissioner Sheta, and Commissioner Scibetta………………………………..5 Negative:………………………………………………0 THE RESOLUTION – WHEREAS, the decision of the Department of Buildings (“DOB”), dated July 23, 2019, acting on DOB Alteration Type I Application No. 123412039, reads in pertinent part: “Physical Culture Establishment in a[] C6- 3X Zoning District is not permitted to ZR 32-10 and is referred to Board of Standards and Appeals (BSA) for special permit ZR 73-36;” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, on a site located within a C6-3X zoning district, the operation of a physical culture establishment (“PCE”) on a portion of the first floor of an existing 12-story plus cellar commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on December 17, 2019, after due notice by publication in The City Record, and then to decision on that same date; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the north side of West 23rd Street, between Seventh Avenue and Avenue of the Americas, within a C6-3X zoning district, in Manhattan; and WHEREAS, the site has approximately 60 feet of frontage along West 23rd Street, 99 feet of depth, 5,925 square feet of lot area and is occupied by an existing 12-story plus cellar commercial 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 defined in Section 12-10 for a term not to exceed ten years, provided that the following findings are made: 2019-197-BZ CEQR #20-BSA-011M WHEREAS, the Board notes that pursuant to ZR § 73-04, 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 applicant represents that the PCE occupies 2,188 square feet of floor area on a portion of the first floor with an exercise area with rowing equipment, reception, restrooms and office; and WHEREAS, the PCE began operation on October 22, 2018, as “Solidcore,” and operates daily, from 6:30 AM to 9:30 PM; and WHEREAS, the applicant states that, while the PCE is located in a commercial building, sound attenuation measures are maintained in the PCE space, including sound attenuating perimeter walls across the entirety of the space, from the floor to the deck and the track on top and bottom buffered by attenuating floor mat with rubber isolators on the fasteners; a two-inch air gap from the existing demising walls and six-inches of insulation on new partitions with two layers of drywall with sound attenuating g

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