270-06-A

APPLICANT – Commissioner of New York City Department of Buildings.

OWNER: Elba & Jeanette Bozzo

LESSEE: Relais and Chateaux

SUBJECT – Application October 5, 2006 – to revoke Certificate of Occupancy #26180, on the grounds that the non conforming Use Group 5 of the premises has been discontinued for a period of two or more years and therefore has lapsed pursuant to ZR § 52-61

PREMISES AFFECTED – 148 East 63rd Street, 120’ from south east corner of Lexington Avenue and East 63rd Street, Block 1397, Lot 48, Borough of Manhattan.

COMMUNITY BOARD #8M

APPEARANCES –

For Opposition: Peter Geis.

ACTION OF THE BOARD – Application granted on condition.

THE VOTE TO GRANT –

Affirmative: Chair Srinivasan, Vice Chair Collins and CommissionerOttley-Brown……….………………....3

Negative:...... 0

THE RESOLUTION:

WHEREAS, this is an application to modify certificate of occupancy No. 26180, issued May 29, 1940 (hereinafter the “CO”) for the four-story and cellar building located at the premises (the “Building), which is located within an R8B zoning district; and

WHEREAS, the CO for the Building indicates the following: Cellar – Storage; Basement – Office (hotel doctor); 1st Story – Office (hotel manager); 2nd Story – Two (2) Furnished rooms; 3rd Story – Three (3) Furnished rooms; and

WHEREAS, the CO also indicates that the occupancy classification is “Multiple Dwelling, Class B”; and

WHEREAS, this case was brought by the Department of Buildings (“DOB”) subsequent to the commencement of an appeal of an Order of Closure as to the Use Group 6 businesses located at the subject premises, issued by the Commissioner of DOB on June 30, 2006 (the “Order”); this appeal was brought under BSA Cal. No. 164-06-A by the owners of the premises; and

WHEREAS, initially, DOB asked that the Board revoke the CO as part of its determination of the appeal of the Order; however, the Board found that it was more appropriate for DOB to bring the instant application; and

WHEREAS, thus, after an initial hearing was held on the appeal, DOB brought this application, and the two matters were heard concurrently thereafter; and

WHEREAS, a public hearing was held on this application on October 24, 2006 after due notice by publication in The City Record, and then to decision on December 12, 2006; and

WHEREAS, for the reasons set forth in its resolution for BSA Cal. No. 164-06-A, decided the date hereof, the Board finds that the non-conforming status of the Building’s basement and first floor as Use Group 5 hotel accessory use has lapsed for a period of more than two years, and that the business uses currently occupying the Building are unlawful; and

WHEREAS, accordingly, since the CO only authorizes hotel accessory uses on these floors and the right to such uses has been terminated, the CO must be modified, and these floors of the Building may only be occupied hereafter by conforming uses permitted in the subject R8B zoning district.

Therefore it is Resolved that this application for modification of certificate of occupancy No. 26180, to eliminate “Office (hotel doctor)” from the basement listing, and “Office (hotel manager)” from the first floor listing, is granted.

Adopted by the Board of Standards and Appeals, December 12, 2006.