28-15-BZ CEQR #15-BSA-156M APPLICANT – Law Offices of Marvin B. Mitzner LLC, for Thurcon Properties, owner; SPA 88 LLC, lessee. SUBJECT – Application February 17, 2015 – Special Permit (§73-36) to allow the operation of a physical culture establishment (Spa 88) on the first, cellar and sub-cellar floors of the existing building. C6-4 zoning district. PREMISES AFFECTED – 88 Fulton Street, Block 77, Lot 24, Borough of Manhattan. COMMUNITY BOARD #1M 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 February 13, 2015 acting on Department of Buildings (“DOB”) Application No. 122135992, reads in pertinent part: “A physical culture establishment in zoning district C6-4 is not permitted as of right. A Special Permit is required from the Board of Standards and Appeals . . . .”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03 to legalize, on a site located within a C6-4 zoning district, the operation of a physical culture establishment (PCE) in a seven-story mixed-use commercial and residential building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on August 16, 2016, after due notice by publication in The City Record, with a continued hearing on September 27, 2016 and then to decision on October 14, 2016; and WHEREAS, Community Board 1, Manhattan, recommends approval of this application; and WHEREAS, Vice-Chair Hinkson, Commissioner Montanez and Commissioner Chanda performed inspections of the site and surrounding neighborhood; and WHEREAS, the subject site is located on the southwest corner of the intersection of Fulton Street and Gold Street, in a C6-4 zoning district, in Manhattan; and WHEREAS, the site has approximately 102 feet of frontage along Fulton Street, 220 feet of frontage along Gold Street, 20,890 sq. ft. of lot area and is occupied by a seven-story mixed-use commercial and residential building; and WHEREAS, the Board has exercised jurisdiction over the subject site since November 27, 1979 when, under BSA Cal. No. 998-79-BZ, the Board granted a special permit to permit a PCE in the sub-cellar 28-15-BZ CEQR #15-BSA-156M WHEREAS, the applicant represents that the PCE will not interfere with any public improvement projects; and WHEREAS, the Board finds that this action will neither alter the essential character of the surrounding neighborhood, impair the use or development of adjacent properties, nor be detrimental to the public welfare; and WHEREAS, the Board finds that, under the conditions and safeguards imposed, any hazard or disadvantage to the community at large due to the proposed special permit use is outweighed by the advantages to be derived by the community; and WHEREAS, therefore, the Board has determined that the evidence in the record supports the requisite findings pursuant to ZR §§ 73-36 and 73-03; and WHEREAS, the project is classified as a Type II action pursuant to 6 NYCRR Part 617.5; and WHEREAS, the Board has conducted a review of the proposed Checklist action discussed in the CEQR Checklist No. 15-BSA-156M, dated February 7, 2015; and Therefore it is Resolved, that the Board of Standards and Appeals issues a Type II determination under 6 NYCRR Part 617.5 and 617.3, §§ 5-02(a) and 5-02(b)(2) of the Rules of Procedure for City Environmental Quality Review and makes each and every one of the required findings under ZR §§ 73-36 and 73-03, to legalize, on a site located within a C6-4 zoning district, the operation of a physical culture establishment in a seven-story mixed-use commercial and residential building, contrary to ZR § 32-10; on condition that all work shall substantially conform to dra

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