41-07-BZ CEQR #07-BSA-058M APPLICANT – Ellen Hay, Wachtel & Masyr, LLP, for 17th 10th 17th and Associates, LLC, owner; Equinox Street, Inc., lessee. SUBJECT – Application February 5, 2007 – Special Permit (§73-36) to permit the proposed PCE on the cellar, ground, and mezzanine levels of a 24-story building under construction. The Premises is located in a C6-3 zoning district and Sub Area 1 of the Special West Chelsea District. The proposal is contrary to §22- 00. 17th Street, a/k/a PREMISES AFFECTED – 450 West 100 Tenth Avenue, east side of Tenth Avenue between 16th 17th and West Streets, Block 714, Lot 1, West Borough of Manhattan. COMMUNITY BOARD #4M APPEARANCES – For Applicant: Ellen Hay. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice Chair Collins, Commissioner Ottley-Brown and Commissioner Hinkson……………………………………………....4 Negative:.......................................................................0 THE RESOLUTION: WHEREAS, the decision of the Manhattan Borough Commissioner, dated January 31, 2007, acting on Department of Buildings Application No. 104318908, reads in pertinent part: “Proposed use of physical culture establishment is not permitted as of right in C6-3 zoning district and within the Special West Chelsea District under section 98-02 ZR. This use is contrary to section 32-10 ZR and requires a special permit from the BSA under section 73-36 ZR.”; and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site within a C6-3 zoning district, within Sub Area I of the Special West Chelsea District, the establishment of a physical culture establishment (PCE) on portions of the cellar, first floor, and mezzanine levels of a proposed 24-story mixed-use residential/commercial building, contrary to ZR §§ 32-10 and 98-02; and WHEREAS, a public hearing was held on this application on April 10, 2007 after due notice by publication in The City Record, and then to decision on May 8, 2007; and WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board consisting of Chair Srinivasan, Vice-Chair Collins, Commissioner Hinkson, and Commissioner Ottley-Brown; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application, on the condition that a special discount be offered to residents occupying the building’s affordable units; and 41-07-BZ CEQR #07-BSA-058M Conditions; Community Facilities and Services; Open Space; Shadows; Historic Resources; Urban Design and Visual Resources; Neighborhood Character; Natural Resources; Hazardous Materials; Waterfront Revitalization Program; Infrastructure; Solid Waste and Sanitation Services; Energy; Traffic and Parking; Transit and Pedestrians; Air Quality; Noise; Construction Impacts; and Public Health; and WHEREAS, the Board has determined that the operation of the PCE will not have a significant adverse impact on the environment. Therefore it is Resolved that the Board of Standards and Appeals issues a Type I 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 C6-3 zoning district, within Sub Area I of the Special West Chelsea District, the establishment of a physical culture establishment on portions of the cellar, first floor, and mezzanine levels of a proposed 24-story mixed-use residential/commercial building, contrary to ZR §§ 32- 10 and 98-02; on condition that all work shall substantially conform to drawings filed with this application marked “Received March 16, 2007”-(2) sheets and “April 9, 2007”-(4) sheets; and on further condition: THAT the term of this grant shall expire on May 8, 2017; THAT there shall be no c

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