APPLICANT Sheldon Lobel, P.C., for Paula Katz, Owner; Anthony Gaudio, Lessee

330-98-BZ

APPLICANT – Sheldon Lobel, P.C., for Paula Katz, owner; Anthony Gaudio, lessee.

SUBJECT – Application May 25, 2006 – requesting an extension of term/waiver and an amendment of a Physical Cultural Establishment located within a C1-6A zoning district in the Special Transit Land Use District, commencing on February 16, 1995 and expiring on February 16, 2005. The amendment sought includes a change in operating control and proposed minor physical alterations to the establishment.

PREMISES AFFECTED – 242 East 14th Street, south side of 14th Street, Block 469, Lot 30, Borough of Manhattan.

COMMUNITY BOARD #2M

APPEARANCES –

For Applicant: Ron Mandell.

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, this is an application for a waiver of the Rules of Practice and Procedure, a reopening, an amendment to the approved plans, approval of a change in operator, and an extension of term for a previously granted special permit for a Physical Culture Establishment (PCE), which expired on February 16, 2005; and

WHEREAS, a public hearing was held on this application on November 14, 2006 after due notice by publication in The City Record, and then to decision on December 5, 2006; and

WHEREAS, the premises and surrounding area had a site and neighborhood examination by a committee of the Board including Chair Srinivasan and Commissioner Ottley-Brown; and

WHEREAS, Community Board, 3, Manhattan, recommends approval of this application; and

WHEREAS, the subject premises is located on the southwest corner of East 14th Street and Second Avenue; and

WHEREAS, the site is occupied by a seven-story residential building located in a C1-6A zoning district within the Special Transit Land Use District; and

WHEREAS, the PCE will be operated as City Fitness and currently occupies 187 sq. ft. of floor space on the first floor and 7,900 sq. ft. in the cellar for a total of 8,087 sq. ft. in the subject building; and

WHEREAS, the applicant notes that the approved floor space (on the first floor and cellar level) was previously miscalculated as 7,100 sq. ft.; and

WHEREAS, the applicant represents that this error was discovered recently when the space was re-measured; and

WHEREAS, the applicant represents that the space occupied by the PCE in the cellar will remain the same as on the previously-approved plans and that the first floor space will be enlarged as noted below; and

WHEREAS, on May 16, 2000, the Board granted a special permit pursuant to ZR § 73-36, to permit the continued operation of a PCE in the subject building for a term of ten years commencing on February 16, 1995 and expiring on February 16, 2005; and

WHEREAS, on December 11, 2001, the Board granted a two-year extension of time to obtain a certificate of occupancy; and

WHEREAS, the instant application seeks to extend the term of the special permit for an additional ten years; and

WHEREAS, additionally, the applicant notes that the operating control of the PCE has changed and now seeks permission to change control of the PCE; and

WHEREAS, the Department of Investigation has performed a background check on the corporate owner and operator of the establishment and the principals thereof, and issued a report which the Board has determined to be satisfactory; and

WHEREAS, further, the applicant proposes to enlarge the space occupied by the PCE for a total gross floor area (including the cellar level) of 9,287 sq. ft.; and

WHEREAS, specifically, the applicant proposes to occupy 1,387 sq. ft. of floor area on the first floor, to be occupied by an enlarged storefront along East 14th Street, a classroom, and a juice bar; the cellar space will be modified, but not enlarged; and

WHEREAS, at hearing, the Board asked the applicant to address a stop work order that had been issued against the PCE; and

WHEREAS, the applicant responded that a stop work order had been issued when equipment was being removed from the building in anticipation of the renovation and that this work has stopped; and

WHEREAS, based upon the above, the Board finds that the requested extension of term, change in operator, and amendment to the approved plans are appropriate with certain conditions as set forth below.

Therefore it is Resolved that the Board of Standards and Appeals waives the Rules of Practice and Procedure, reopens and amends the resolution, dated May 16, 2000, so that as amended this portion of the resolution shall read: “to grant an extension of the special permit for a term of ten years from the expiration of the last grant; on condition that the use and operation of the PCE shall substantially conform to BSA-approved plans, and that all work and site conditions shall comply with drawings marked ‘Received November 6, 2006’–(2) sheets; and on condition:

THAT there shall be no change in ownership or operating control of the PCE without prior approval from the Board;

330-98-BZ

THAT this grant shall be limited to a term of ten years from February 16, 2005, expiring February 16, 2015;

THAT the above conditions shall appear on the Certificate of Occupancy;

THAT all conditions from prior resolutions not specifically waived by the Board remain in effect;

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; and

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.”

(DOB Application No. 101444304)

Adopted by the Board of Standards and Appeals, December 5, 2006.