245-15-BZ CEQR #16-BSA-042M APPLICANT – Eric Palatnik, P.C., for New York 99th Communications Center Association LP, owner; Avenue Holdings LLC, lessee. SUBJECT – Application October 15, 2015 – Special Permit (73-36) to permit the operation of a Physical Culture Establishment (TMPL Gym). C6-4 (Special Clinton) zoning district. 50th Street, Block PREMISES AFFECTED – 350 West 1040, Lot 7501, Borough of Manhattan. COMMUNITY BOARD #4M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Hinkson, Commissioner Ottley-Brown, Commissioner Montanez and Commissioner Chanda...............................................5 Negative: ..........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Manhattan Borough Commissioner, dated July 8, 2016, acting on Department of Buildings Application No. 122554128, reads in pertinent part: “Proposed ‘Physical Culture Establishment’ in C6-4 zoning district is not permitted pursuant to ZR 32-10 and is referred to the Board of Standards and Appeals (BSA) for a special permit under ZR 73-36”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, on a site located in a C6-4 zoning district and the Special Clinton District, the operation of a physical culture establishment (PCE) on two cellar levels of a 39-story mixed residential and commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on November 1, 2016, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, Vice-Chair Hinkson and Commissioner Ottley-Brown performed inspections of the site and surrounding neighborhood; and WHEREAS, the subject site is a corner lot bound by West 50th Street to the north, West 49th Street to the south and 9th Avenue to the west, in a C6-4 zoning district and the Special Clinton District, in Manhattan; and WHEREAS, the site has approximately 327 feet of frontage along West 50th Street, 327 feet of frontage along West 49th Street, 201 feet of frontage along 9th Avenue, 67,696 sq. ft. of lot area and is occupied by a 39-story mixed used residential and commercial building; and WHEREAS, the Board has exercised jurisdiction over the subject site since January 10, 1989 when, under BSA Cal. No. 421-88-BZ, the Board granted a special permit authorizing the construction of a PCE on two sub-cellar levels of the subject building for a term of ten (10) years, expiring January 10, 1999; and 245-15-BZ CEQR #16-BSA-042M having an interest in any application filed under a partnership or corporate name and shall have received a report from the Department of Investigation which the Board shall determine to be satisfactory; and (2) the Board, in any resolution granting a special permit, shall have specified how each of the findings required by this Section are made.; and WHEREAS, the Board notes that in addition to the foregoing, its determination is also subject to and guided by ZR § 73-03; and 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 subject PCE occupies 2,675 sq. ft. of floor area on the first floor, 12,141 sq

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