379-01-BZ CEQR#02-BSA-085M APPLICANT - Fredrick A. Becker, Esq., for Consolidated Edison of New York, owner; TSI Irving Place, Inc., dba New York Sports Club, lessee. SUBJECT - Application December 3, 2001 - under Z.R. §32-10, to permit the proposed physical culture establishment, located in portions of the basement, first floor and second floor, in an existing 33 story commercial office structure, in a C6-3X zoning district, requires a special permit as per Z.R.§32-10. PREMISES AFFECTED - 4/10 Irving Place, east side, between East 14th and 15th Streets, Block 870, Lot 24, Borough of Manhattan. COMMUNITY BOARD #6M APPEARANCES - For Applicant: Fredrick A. Becker. For Administration: Battalion Chief Phil Parr and John Yacovone, Fire Department. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT - Affirmative: Chairman Chin, Vice-Chair Babbar, Commissioner Korbey and Commissioner Caliendo....4 Negative: .....................................................................0 THE RESOLUTION - WHEREAS, the decision of the Borough Commissioner, dated November 102552514 reads: “1) Proposed Physical Culture Establishment is a use not permitted as of right in C6-3X District and is therefore contrary to section 32-10 Z.R..” WHEREAS, a public hearing was held on this application on March 26, 2002 after due notice by publication in The City Record and laid over to April 16, 2002 for decision; and WHEREAS, the site and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chairman James Chin , Vice-Chair Satish Babbar and Commissioner Peter Caliendo; and WHEREAS, this is an application under Z.R. § 73-36 to permit the legalization of an existing physical culture establishment, located within portions of the basement, first floor and second floor of an existing 33-story commercial office structure in a C6-3X zoning district; and WHEREAS, the applicant maintains that the remainder of the subject premises is currently occupied by as-of-right uses which are not part of this application; and WHEREAS, the applicant represents that the interior space is specifically arranged to allow for the location of athletic equipment and that it contains facilities for classes, instruction and programs for physical improvement, body building, weight reduction, aerobics and martial arts; and WHEREAS, the applicant states that massages will all be performed by New York State licensed massage therapists; and WHEREAS, the applicant has agreed to comply with the Fire Department’s requirements; and THAT substantial construction shall be completed THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s) and/or configuration(s) not related to the relief granted. Adopted by the Board of Standards and Appeals, April 16, 2002.