PREMISES AFFECTED 320 East 52Nd Street, Between 1St and 2Nd Avenue, Block 1344, Lot 41

161-00-BZ

APPLICANT – Stuart A. Klein, Esquire, for Stellar Sutton, LLC, owner; Mario Badescu Skin, Incorporated, lessee.

SUBJECT – Application June 9, 2010 – Extension of Term of a previously granted Variance (§72-21) for the operation of a Physical Culture Establishment (Bodescu Skin Care) which expired on June 2, 2010; Extension of Time to obtain a Certificate of Occupancy. R8B zoning district.

R8B zoning district.

PREMISES AFFECTED – 320 East 52nd Street, between 1st and 2nd Avenue, Block 1344, Lot 41, Borough of Manhattan.

COMMUNITY BOARD #6M

APPEARANCES –

For Applicant: Jay Goldstein.

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 reopening, an extension of term of a previously granted special permit for a physical culture establishment (PCE), which expired on June 2, 2010, and an extension of time to obtain a certificate of occupancy; and

WHEREAS, a public hearing was held on this application on September 14, 2010, after due notice by publication in TheCity Record, with a continued hearing on October 5, 2010, and then to closure and decision on October 19, 2010; and

WHEREAS, the premises and surrounding area had site and neighborhood examinations by Vice-Chair Collins, Commissioner Hinkson, and Commissioner Montanez; and

WHEREAS, Community Board 6, Manhattan, recommends approval of this application; and

WHEREAS, the PCE is located on the south side of East 52nd street, between First Avenue and Second Avenue, within an R8B zoning district; and

WHEREAS, the site is occupied by a 13-story (including penthouse) residential building; and

WHEREAS, the PCE use is located in the cellar and occupies a total floor space of 4,915 sq. ft.; and

WHEREAS, the Board has exercised jurisdiction over the subject site since December 12, 2000 when, under the subject calendar number, the Board granted a variance to legalize a PCE in the subject building for a term of ten years, to expire on June 2, 2010; and

WHEREAS, a condition of the grant was that fire protection systems, including an automatic wet sprinkler system, an interior fire alarm system, and a smoke detection system be installed throughout the entire cellar within two years of the grant, which expired on December 12, 2002; and

WHEREAS, on March 18, 2003, the Board granted an extension of time to install fire protection measures and obtain a certificate of occupancy, which expired December 12, 2003, and granted an amendment to permit a change in ownership of the PCE; and

WHEREAS, the applicant now seeks an extension of term and an extension of time to obtain a certificate of occupancy; and

WHEREAS, the applicant submitted a letter from its fire alarm system specialist stating that all fire protection systems required in the previous grant have been installed and approved by the Fire Department; and

WHEREAS, the applicant also submitted photographs reflecting the installation of the required fire protection systems; and

WHEREAS, based upon its review of the record, the Board finds the requested extension of term and extension of time are appropriate with certain conditions as set forth below.

Therefore it is Resolvedthat the Board of Standards and Appeals reopens and amends the resolution, as adopted on June 2, 2000, so that as amended this portion of the resolution shall read: “to extend the term for a period of ten years from June 2, 2010, to expire on June 2, 2020, and to extend the time to obtain a certificate of occupancy for one year from the date of this grant, to expire on October 19, 2011, on condition that the use and operation of the site shall substantially conform to the previously approved plans; and on further condition:

THAT the term of this grant shall expire on June 2, 2020;

THAT a certificate of occupancy shall be obtained by October 19, 2011;

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. 102889297)

Adopted by the Board of Standards and Appeals, October 19, 2010.