PREMISES AFFECTED - 243 West 30th Street, Borough of Manhattan.

4-00-BZ

APPLICANT - Agusta & Ross, for 243 West 30th Realty, LLC, c/o New York Equity, LLC, owner; Anie Yang, Yhung Kang & Cong Yan d/b/a West Garden, Inc., lessees.

SUBJECT - Application October 21, 2003 - Reopening for an amendment for a previously approved physical culture establishment to extend into the cellar.

PREMISES AFFECTED - 243 West 30th Street, north side of West 30th Street, 325' east of 8th Avenue, block 780, Lot 15, Borough of Manhattan.

COMMUNITY BOARD #5M

APPEARANCES -

For Applicant: Mitchell Ross.

ACTION OF THE BOARD - Application re-opened and resolution amended.

THE VOTE TO GRANT -

Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Miele, Commissioner Caliendo and Commissioner Chin...... 5

Negative:...... 0

THE RESOLUTION -

WHEREAS, a public hearing was held on this application on August 10, 2004, after due notice by publication in theCity Record, and then to September 14, 2004 for decision; and

WHEREAS, the applicant has requested a re-opening and an amendment to the resolution; and

WHEREAS, on May 30, 2000, the Board granted a special permit application pursuant to Z.R. §73-36, to permit in an M1-5 zoning district, the use of the first floor and mezzanine level of an existing twelve-story building as a physical culture establishment (“PCE”); and

WHEREAS, the record indicates that the PCE was approved as a spa treatment facility with nine therapy rooms, with separate locker rooms for men and women; and

WHEREAS, the instant application seeks to legalize the conversion of 1,884 square feet of area formerly approved as PCE accessory storage and mechanical area to eight (8) all-purpose spa therapy rooms and one (1) all-purpose spa shower/water therapy room on the cellar level; and

WHEREAS, the applicant represents that there will be no increase in the total floor area of the PCE as previously approved by the Board.

Resolved, that the Board of Standards and Appeals reopens and amends the resolution, so that as amended this portion of the resolution shall read: “to permit the legalization of the conversion of 1,884 square feet of area formerly approved as PCE accessory storage and mechanical area to eight (8) all-purpose spa therapy rooms and one (1) all-purpose spa shower/water therapy room on the cellar level; on condition that all work shall substantially conform to drawings as filed with this application, marked ‘Received September 2, 2004’ - (3) sheets; and on further condition:

THAT all conditions from prior resolutions remain in effect and all conditions required to be placed on the certificate of occupancy shall remain;

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 # 103161659)

Adopted by the Board of Standards and Appeals, September 14, 2004.