193-97-BZ
APPLICANT – Fredrick A. Becker, for 29 Great Jones Corporation owner.
SUBJECT – Application July 22, 2009 – Extension of Term for a special permit (§73-36) which expired on April 1, 2008 for the operation of a Physical Culture Establishment (Great Jones Spa); Waiver of the Rules. M1-5B zoning.
PREMISES AFFECTED – 27-29Great Jones Street, Southerly side of Great Jones Street 69' easterly of the corner of Great Jones Street and Lafayette Street, Block 530, Lot 20, Borough of Manhattan.
COMMUNITY BOARD #2M
APPEARANCES –
For Applicant: Fredrick A. Becker.
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, this is an application for a waiver of the Rules of Practice and Procedure, a reopening, and an extension of term of a previously granted special permit for a physical culture establishment (PCE), which expired on April 21, 2008; and
WHEREAS, a public hearing was held on this application on October 6, 2009, after due notice by publication in TheCity Record, and then to decision on October 27, 2009; and
WHEREAS, the premises and surrounding area had site and neighborhood examinations by Chair Srinivasan, Vice-Chair Collins, Commissioner Montanez, and Commissioner Ottley-Brown; and
WHEREAS, Community Board 2, Manhattan, recommends approval of this application; and
WHEREAS, the PCE is located on the south side of Great Jones Street, between Lafayette Street and The Bowery, within an M1-5B zoning district; and
WHEREAS, the site is occupied by adjacent five-story and six-story mixed-use buildings; and
WHEREAS, the PCE use is located in the cellar, sub-cellar, cellar mezzanine, first floor and first floor mezzanine, and occupies a total floor area of 2,906 sq. ft. with an additional 9,035 sq. ft. of floor space in the cellar, sub-cellar and cellar mezzanine; and
WHEREAS, the Board has exercised jurisdiction over the subject site since April 21, 1998 when, under the subject calendar number, the Board granted a special permit for a PCE in the subject building for a term of ten years, to expire on April 21, 2008; and
WHEREAS, subsequently, the Board approved by letter minor adjustments of the interior layout and floor area of the PCE; and
WHEREAS, most recently, on April 29, 2003, the Board approved by letter the creation of an upper mezzanine in the rear of the structure, resulting in an increase in the total floor space of the PCE from 11,182 sq. ft. to 11,941 sq. ft., and a decrease in occupancy from 213 persons to 180 persons; and
WHEREAS, the applicant now seeks to extend the term of the special permit for ten years; and
WHEREAS, based upon its review of the record, the Board finds the requested extension of term is appropriate with certain conditions as set forth below.
Therefore it is Resolvedthat the Board of Standards and Appeals waives the Rules of Practice and Procedure, reopens and amends the resolution, as adopted on April 21, 1998, so that as amended this portion of the resolution shall read: “to extend the term for a period of ten years from April 21, 2008, to expire on April 21, 2018, on condition that the use and operation of the site shall substantially conform to the previously approved plans; on condition that all work shall substantially conform to drawings filed with this application and marked ‘Received July 22, 2009’-(7) sheets; and on further condition:
THAT the term of this grant shall expire on April 21, 2018;
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;
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)/configuration(s) not related to the relief granted.”
(DOB Application No. 101276799)
Adopted by the Board of Standards and Appeals, October 27, 2009.