245-15-BZ APPLICANT – Eric Palatnik, P.C., for New York Communications Center Assoc., LP c/o SL Green Realty Corp., owner. SUBJECT – Application September 27, 2018 – Extension of Time to Obtain a final Certificate of Occupancy a previously approved Special Permit (§73- 36) which allowed a physical cultural establishment (TMPL Gym) which expired on November 1, 2017; Waiver of the Board’s Rules. C6-4 Special Clinton District. 50th Street, Block PREMISES AFFECTED – 350 West 1040, Lot(s) 1002, 1003, Borough of Manhattan. COMMUNITY BOARD #4M Application granted on ACTION OF THE BOARD – condition. THE VOTE TO GRANT – Affirmative: Chair Perlmutter, Vice-Chair Chanda, Commissioner Sheta and Commissioner Scibetta………4 Negative: ………………………………………………0 Absent: Commissioner Ottley-Brown……………..…1 THE RESOLUTION – WHEREAS, this is an application for a waiver of the Board’s Rules of Practice and Procedure, reopening and an extension of time to obtain a certificate of occupancy for a physical culture establishment, which expired on November 1, 2017; and WHEREAS, a public hearing was held on this application on January 15, 2019, after due notice by publication in The City Record, and then to decision on the same date; and WHEREAS, Commissioner Scibetta performed an inspection of the subject site and surrounding neighborhood; and WHEREAS, the subject site is located on the east side of Ninth Avenue, bound by West 50th Street and West 49th Street, in a C6-4 zoning district and in the Special Clinton District, in Manhattan; and WHEREAS, the site has approximately 327 feet of frontage on West 50th Street, 201 feet of frontage on Ninth Avenue, 327 feet of frontage on West 49th Street, 67,696 square feet of lot area and is occupied by several buildings, including a 39 story plus sub-cellars mixed-use residential and commercial building in which the subject physical culture establishment is located; 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, pursuant to ZR § 73-36, to permit a physical culture establishment (“PCE”) on the sub-cellar levels two (2) and three (3) of a new mixed-use building on condition that all work substantially conform to plans, as they relate to objections, filed with the application; the special permit be limited to a term of ten (10) years, to expire on January 10, 1999; the hours of operation be limited to 6:00 a.m. to 10:00 p.m. Monday through Friday, and 8:00 a.m. to 9:00 p.m. Saturday and Sunday; there be no change in the ownership or operating control 245-15-BZ conditions appear on the certificate of occupancy; a certificate of occupancy be obtained within one (1) year, by November 1, 2017; the approval be limited to the relief granted by the Board in response to specifically cited objection(s); the approved plans be considered approved only for the portions related to the specific relief granted; and, DOB ensure compliance with all of the applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s)/configuration(s) not related to the relief granted; and WHEREAS, by letter dated July 26, 2018, the Board permitted a change in ownership and operating control of the PCE from “99th Avenue Holdings LLC d/b/a TMPL Gym” to “TSI Hell’s Kitchen, LLC d/b/a TMPL Fitness,” as substantially complying with the prior grant; and WHEREAS, the time to obtain a certificate of occupancy having expired, the applicant seeks the subject relief; and WHEREAS, the applicant additionally requests a waiver, pursuant to § 1-14.2 of the Board’s Rules of Practice and Procedure, of Rule § 1-07.3(d)(2) to permit the filing of this application more than 30 days after the expiration of the time to obtain a certificate of occupancy; and WHEREAS, the applicant represents that a change in ownership of the PCE, as well as some minor repairs that are being comp

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