42-03-BZ CEQR#03-BSA-131M APPLICANT - Law Office of Frederick A. Becker, for Rock-McGraw Inc., owner; TSI West 48th Inc., dba New York Sports Club, lessee. SUBJECT - Application February 4, 2003 - under Z.R. §73-36 to permit proposed enlargement of a pre-existing grandfathered physical culture establishment, located in portions of the cellar, sub-cellar, and third sub-cellar levels in a multi-story mixed use building, requires a special permit as per Z.R. §32-10. PREMISES AFFECTED - 1221 Avenue of the Americas, between 48th and 49th Streets, Block 1001, Lot 29, Borough of Manhattan. COMMUNITY BOARD #5M APPEARANCES - For Applicant: Fredrick A. Becker. ACTION OF THE BOARD - Application granted on condition. THE VOTE TO GRANT - Affirmative: Chairman Chin, Vice-Chair Babbar and Commissioner Caliendo and Commissioner Miele....4 Negative: ..................................................................0 THE RESOLUTION - WHEREAS, the decision of the Manhattan Borough Commissioner, dated April 10, 2003 acting on ALT I. Application No. 103349093 reads: "A PHYSICAL CULTURE ESTABLISHMENT IS NOT PERMITTED AS OF RIGHT USE IN A C6-6 AND C6-6.5 DISTRICT. THIS IS CONTARARY TO Z.R. §32-10."; and WHEREAS, a public hearing was held on this application on June 17, 2003, after due notice by publication in The City Record and held over to July 22, 2003 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, Commissioner Peter Caliendo and Commissioner Joel Miele; and WHEREAS, this is an application under Z.R. §73-36 to permit the enlargement of a pre-existing, grandfathered physical culture establishment, which is presently located in portions of the cellar and first sub-cellar of a multi-story mixed use building, into the third sub-cellar level, which requires a special permit as per Z.R. §32-10; and WHEREAS, the subject PCE is located on the western block front of the Avenue of the Americas between West 48th Street and West 49th Street; and WHEREAS, the applicant proposes to enlarge the more than twenty year old, PCE facility to allow operation in the third sub-cellar level; and WHEREAS, the applicant represents that the hours of operation are Monday through Thursday 6:00 A.M. to 11:00 P.M., Friday 6:00 A.M. to 10:00 P.M., and Saturday and Sunday 9:00 A.M. to 7:00 P.M.; and 42-03-BZ CEQR#03-BSA-131M the third sub-cellar level, which requires a special permit as per Z.R. §32-10, on condition that all work shall substantially conform to drawings as they apply to the objections above-noted, filed with this application marked "Received February 4, 2003" - (4) sheets and "June 24, 2003" -(1) sheet; and on further condition; THAT the term of this special permit shall be limited to ten (10) years from July 22, 2003 to expire on July 22, 2013; THAT a minimum 4 foot wide path of travel to all exits shall be maintained on the floors and kept free of any equipment or obstructions at all times; THAT all massages will all be performed by New York State licensed massage therapists; THAT there shall be no change in ownership or operating control of the physical culture establishment without prior application to and approval from the Board; THAT the hours of operation shall be limited to Monday through Thursday 6:00 A.M. to 11:00 P.M., Friday 6:00 A.M. to 10:00 P.M., and Saturday and Sunday 9:00 A.M. to 7:00 P.M.; THAT the above conditions shall appear on the Certificate of Occupancy; THAT the premises shall be maintained free of debris and graffiti; THAT any graffiti located on the premises shall be removed within 48 hours; THAT the 24 hour operation of the facility shall only be permitted as long as there are no residential units directly above or adjacent to the subject facility; THAT the applicant shall comply with all provisions of Local Law 58/87; THAT this approval is limited to the relief granted by the Board in response to

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