218-13-BZ CEQR #14-BSA-011M APPLICANT – Warshaw Burstein, LLP, for 37 W Owner LLC; Ultrafit LLC, lessee. SUBJECT – Application July 19, 2013 – Special Permit (§73-36) to allow the operation of a physical culture establishment (Ultrafit). C6-3A zoning district. PREMISES AFFECTED – 136 Church Street, southwest corner of the intersection formed by Warren and Church Streets in Tribeca, Block 133, Lot 29, Borough of Manhattan. COMMUNITY BOARD #1M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez .......................................5 Negative:.......................................................................0 THE RESOLUTION – WHEREAS, the decision of the Manhattan Borough Commissioner, dated July 16, 2013, acting on Department of Buildings (“DOB”) Application No. 103703789, reads in pertinent part: Proposed change of use to a physical culture establishment, as defined by ZR 12-10, is not permitted as-of-right in a C6-3A zoning district pursuant to ZR 32-10; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site located in a C6-3A zoning district, the operation of a physical culture establishment (“PCE”) on portions of the cellar and ground floor levels of an 11-story mixed residential and commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on December 10, 2013 after due notice by publication in The City Record, and then to decision on January 28, 2014; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Commissioner Hinkson, Commissioner Montanez, and Commissioner Ottley-Brown; and WHEREAS, Community Board 1, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located at the southwest corner of the intersection of Church Street and Warren Street, within a C6-3A zoning district within the Special Tribeca Mixed Use District; and WHEREAS, the site has approximately 100 feet of frontage along Church Street, approximately 50 feet of frontage along Warren Street, and 5,029 sq. ft. of lot area; and WHEREAS, the site is occupied by an 11-story mixed residential and commercial building; and WHEREAS, the PCE is proposed to occupy approximately 2,686 sq. ft. of floor area on the ground floor of the building and 1,188 sq. ft. of floor space in the 218-13-BZ CEQR #14-BSA-011M WHEREAS, no other significant effects upon the environment that would require an Environmental Impact Statement are foreseeable; and WHEREAS, the Board has determined that the proposed action will not have a significant adverse impact on the environment; and. Therefore it is Resolved, that the Board of Standards and Appeals issued 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 located in a C6-3A zoning district, the operation of a PCE on portions of the cellar and ground floor levels of an 11-story mixed residential and commercial building, contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received January 24, 2014” – Four (4) sheets; and on further condition: THAT the term of the PCE grant will expire on January 28, 2024; THAT there will be no change in ownership or operating control of the PCE without prior application to and approval from the Board; THAT any massages will be performed only by New York State licensed massage professionals; THAT Local Law 58/87 compliance will be as reviewed and approved by DOB; THAT fire safety measures will be installed and/or

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