49-11-BZ CEQR #11-BSA-084M APPLICANT – Sheldon Lobel, P.C., for A & G Real Estate, LLC, owner; Barry Bootcamp, lessee. SUBJECT – Application April 15, 2011 – Special Permit (§73-36) to allow the operation of a physical culture establishment (Barry’s Bootcamp). C6-3A zoning district. 20th PREMISES AFFECTED – 135 West Street, north 20th 6th 7th Street, between and Avenues, side of West Block 796, Lot 18, Borough of Manhattan. COMMUNITY BOARD #4M APPEARANCES – For Applicant: Jordan Most. 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 Manhattan Borough Superintendent, dated June 8, 2011, acting on Department of Buildings Application No. 120612774, reads in pertinent part: “Physical culture establishment is not permitted as-of-right in C6-3A District and requires a BSA Special Permit per ZR Section 73-36 (ZR 32-10);” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site located within a C6-3A zoning district, the operation of a physical culture establishment (PCE) at the cellar and first floor of a six-story commercial building, contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on June 14, 2011, after due notice by publication in The City Record, and then to decision on July 12, 2011; and WHEREAS, Community Board 4, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the 20th Street, between Sixth Avenue north side of West and Seventh Avenue, within a C6-3A zoning district; and WHEREAS, the site is occupied by a six-story commercial building; and WHEREAS, the PCE will occupy 3,561 sq. ft. of floor area on the first floor, with an additional 2,873 sq. ft. of floor space located at the cellar level; and WHEREAS, the PCE will be operated as Barry’s Bootcamp; and WHEREAS, the proposed hours of operation are: 5:00 a.m. to 11:00 p.m., daily; and WHEREAS, the applicant represents that the services at the PCE include facilities for classes, instruction and programs for physical improvement, 49-11-BZ CEQR #11-BSA-084M contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received June 1, 2011” –(5) sheets and on further condition: THAT the term of this grant shall expire on July 12, 2021; 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 above conditions shall appear on the Certificate of Occupancy; THAT fire safety measures shall be installed and/or maintained as shown on the Board-approved plans; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s); THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and THAT the Department of Buildings must ensure compliance with all of the applicable provisions of the Zoning Resolution, the Administrative Code, and any other relevant laws under its jurisdiction irrespective of plan(s)/configuration(s) not related to the relief granted. Adopted by the Board of Standards and Appeals, July 12, 2011. A true copy of resolution adopted by the Board of Standards Printed in Bulletin Nos. 27-29, Vol. 96. Copies Sent To Applicant Fire Com'r. Borough Com'r.