231-14-BZ CEQR #15-BSA-071M APPLICANT – Sheldon Lobel, PC, for Orangetheory Fitness, owner; OTF Man One, LLP, lessee. SUBJECT – Application September 26, 2014 Permit (§73-36) to allow for a physical establishment (Orangetheory Fitness) within of an existing commercial building. C6-3X district. PREMISES AFFECTED – 124 West 23rd Street, side of West 23rd Street, between Avenue Americas and 7th Avenue, Block 00798, Borough of Manhattan. COMMUNITY BOARD #4M ACTION OF THE BOARD – Application condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner and Commissioner Chanda...............................................5 Negative:...........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Borough Commissioner, dated September acting on Department of Buildings Application 122086223, reads in pertinent part: “Proposed physical culture establishment the first (1st) floor is not permitted as-of in C6-3X zoning districts”; and WHEREAS, this is an application under 32-31, 73-36 and 73-03, to legalize, on a within a C6-3X zoning district, a physical establishment (“PCE”), which operates in the first floor of a sixteen-story mixed-use contrary to ZR § 32-10; and WHEREAS, a public hearing was held application on April 21, 2015, after due publication in The City Record, with continued on September 1, 2015, and March 8, 2016 decision on April 12, 2016; and WHEREAS, Vice-Chair Hinkson, Commissioner Ottley-Brown, Commissioner Montanez Commissioner Chanda performed inspections and surrounding neighborhood; and WHEREAS, Community Board 6, originally recommended approval for the application, subsequently withdrew its support until soundproofing measures were installed; and WHEREAS, the subject site is located side of West 23rd street, between Seventh Avenue of the Americas, in a C6-3X zoning Manhattan; and WHEREAS, the site has approximately along West 23rd Street, 4,937 sq. ft. of floor occupied by a sixteen-story mixed use building; WHEREAS, the PCE occupies 3,646 sq. area on the first floor of the building and is from a dedicated entrance located on West and WHEREAS, the PCE space includes cardiovascular equipment, locker rooms, office space and area; and WHEREAS, the PCE operates as Orangetheory Fitness; and WHEREAS, the PCE has been in operation February 2015; and WHEREAS, the PCE offers group personal 231-14-BZ CEQR #15-BSA-071M WHEREAS, the Board finds that, conditions and safeguards imposed, any disadvantage to the community at large proposed special permit use is outweighed advantages to be derived by the community; WHEREAS, therefore, the Board has that the evidence in the record supports the findings pursuant to ZR §§ 73-36 and 73-03; WHEREAS, the project is classified Unlisted action pursuant to 6 NYCRR, Part WHEREAS, the Board has conducted environmental review of the proposed action documented relevant information about the the Final Environmental Assessment Statement No. 15BSA071M, dated September 24, 2014; WHEREAS, the EAS documents that as proposed would not have significant adverse on Land Use, Zoning, and Public Socioeconomic Conditions; Community Facilities Services; Open Space; Shadows; Historic Urban Design and Visual Resources; Neighborhood Character; Natural Resources; Revitalization Program; Infrastructure; Materials; Solid Waste and Sanitation Services; Traffic and Parking; Transit and Pedestrians; Quality; Noise; and Public Health; and WHEREAS, no other significant effects environment that would require an Environmental Impact Statement are foreseeable; and WHEREAS, the Board has determined proposed action will not have a significant the environment. Therefore it is Resolved, that the Standards and Appeals issues a Negative prepared in accordance with Article 8 of the State Environmental Conservation Law and Part 617 and § 6-07(b) of the Rules of Procedure City Environmental Quality Review and Order No. 91

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