302-13-BZ CEQR #14-BSA-008M APPLICANT – Francis R. Angelino, Esq., for Claret Commons Condominium, owner; Peloton, lessee. SUBJECT – Application November 15, 2013 – Special Permit (§73-36) to allow a physical culture establishment (Peloton Fitness). C6-3X zoning district. PREMISES AFFECTED – 140 West 23rd Street, S/S West 23rd Street between 6th and 7th Avenues. Block 798, Lot 7503. Borough of Manhattan. COMMUNITY BOARD #4M ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown, Commissioner Hinkson and Commissioner Montanez ..........................................5 Negative:...........................................................................0 THE RESOLUTION – WHEREAS, the decision of the Executive Director of the Development HUB of the Department of Buildings (“DOB”), dated November 8, 2013, acting on DOB Application No. 121236996, reads, in pertinent part: Proposed use as a physical culture establishment is contrary to ZR 32-10; and WHEREAS, this is an application under ZR §§ 73- 36 and 73-03, to permit, on a site within a C6-3X zoning district, the operation of a physical culture establishment (“PCE”) in portions of the cellar and first story of a six- story mixed residential and commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on April 8, 2014, after due notice by publication in the City Record, and then to decision on April 29, 2014; and WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Commissioner Hinkson and Commissioner Ottley- Brown; and WHEREAS, Community Board 4, Manhattan, recommends approval of the application; and WHEREAS, a resident of the subject building testified in opposition to the application, citing concerns about noise emanating from air conditioning units that service the commercial space; and WHEREAS, the subject site is located on the east side of south side of West 23rd Street, between Avenue of the Americas and Seventh Avenue, within a C6-3X zoning district; and WHEREAS, the site has approximately 63 feet of frontage along West 23rd Street and 6,169 sq. ft. of lot area; and WHEREAS, the site is occupied by a six-story mixed residential and commercial building with 20 dwelling units; and WHEREAS, the proposed PCE will occupy 3,142 sq. ft. of floor space in the cellar and approximately 4,899 302-13-BZ CEQR #14-BSA-008M Sanitation Services; Energy; Traffic and Parking; Transit and Pedestrians; Air Quality; Noise; Construction Impacts; and Public Health; and WHEREAS, no other significant effects upon the environment that would require an Environmental Impact Statement are foreseeable; and WHEREAS, the Board has determined that the proposed action will not have a significant adverse impact on the environment. Therefore it is Resolved, that the Board of Standards and Appeals issued a Negative Declaration prepared in accordance with Article 8 of the New York State Environmental Conservation Law and 6 NYCRR Part 617 and § 6-07(b) of the Rules of Procedure for City Environmental Quality Review and Executive Order No. 91 of 1977, as amended, and makes each and every one of the required findings under ZR §§ 73-36 and 73-03 to permit, on a site within a C8-2 zoning district, the operation of a physical culture establishment (“PCE”) on portions of the first and second stories of a three-story mixed commercial and community facility building, contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received April 25, 2014” – Five (5) sheets; and on further condition: THAT the term of the PCE grant will expire on April 29, 2024; THAT there will be no change in ownership or operating control of the PCE without prior application to and approval from the Board; THAT the hours of operation for the PCE will be limited to Monday through Fr

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