231-14-BZ APPLICANT – Bryan Cave Leighton Orangetheory Fitness, owner; OTF Man dba Orange Theory Fitness, lessee. SUBJECT – Application May 11, 2018 Term of a previously approved Special which permitted the operation of a physical establishment (Orangetheory Fitness) within of an existing commercial building which April 12, 2018. C6-3X zoning district. 23rd PREMISES AFFECTED – 124 West 798, Lot 7507, Borough of Manhattan. COMMUNITY BOARD #4M Application ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Commissioner Ottley-Brown, Commissioner Commissioner Scibetta……………………………..…5 Negative:………………………………………………0 THE RESOLUTION – WHEREAS, this is an application to the term of a special permit for a establishment (“PCE”), previously granted pursuant to ZR § 73-36, which expired 2018; and WHEREAS, a public hearing was application on September 27, 2018, after publication in The City Record, with continued on December 4, 2018, February 26, 2019, 2019, and then to decision on that date; WHEREAS, Commissioner Ottley-Brown Commissioner Scibetta performed inspections site and surrounding neighborhood; and WHEREAS, Community Board recommends disapproval of this application residents of the condominiums residing facility state in writing that treadmill and from the gym no longer disturbs them; WHEREAS, the Board was in receipt letters from residents of the subject received testimony at the public hearings president of the subject building’s condominium in opposition to the application raising regarding noise disturbances associated operation of the PCE; and WHEREAS, the subject site is south side of West 23rd Street, between Avenue and Avenue of the Americas, in district, in Manhattan; and WHEREAS, the site has approximately frontage along West 23rd Street, 99 feet square feet of lot area, and is occupied 16-story plus cellar mixed-use residential commercial building; and WHEREAS, the subject PCE square feet of floor area on the first floor building; and WHEREAS, the Board has exercised over the subject site since April 12, 2016, the subject calendar number, the Board special permit, pursuant to ZR § 73-36, existing PCE on the first floor of the subject on condition that all work substantially drawings filed with the application; the grant expire on April 12, 2018; there be about the PCE from neighbors at the time 231-14-BZ place of assembly; and that a review of Fire records indicated that all FDNY permits alarm system and fire suppression systems and WHEREAS, the applicant represented PCE has received several noise complaints neighbors since the April 2016 grant, ownership has and continues to work with to address any noise complaints; and WHEREAS, over the course of Board raised concerns regarding the disturbances building tenants resulting from the operation and requested that the tenants log their noise and notify the PCE and coordinate with PCE security camera footage if and experience any such disturbances; and WHEREAS, the applicant engaged consultant and provided the Board with acoustic testing, occurring on January March 21, 2019, of the PCE’s impact on apartments; and WHEREAS, at the April 23, 2019 president of the subject building’s condominium represented that the PCE made improvements reducing the disturbances caused by the WHEREAS, pursuant to ZR § applicant has satisfactorily demonstrated with the conditions of the previous term finds that the circumstances warranting grant still obtain; and WHEREAS, in light of the concerns Community Board and building tenants, accordingly, finds that a five (5) year, (10) year, extension of the term of the special appropriate, with the conditions set forth Therefore, it is Resolved, that Standards and Appeals amends the resolution, April 12, 2016, so that, as amended, this resolution reads: “to grant an extension years, to expire on April 12, 2023, on condition: THAT the term of this grant shall 12, 2023; THAT the PCE operator shall set a protocol

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