Ten-year permit granted to Eden Day Spa. BSA approved the application of Eden Day Spa to legalize its existing spa at 388 Broadway between White and Walker Streets in Tribeca. The spa, a “physical cultural establishment” under the zoning code, required a special permit to be located within a manufacturing zone.

At the legalization hearing, Eden Day Spa, which has been at this location since 2001, did not face opposition. BSA approved a tenyear permit, but prohibited any transfer in ownership by Eden without its prior approval.

85-foot cell phone tower disguised as flagpole. The owner of 186-05 120th Road in the R4 zoned district of Jamaica, Queens sought a special permit to construct an 85-foot wireless communications radio tower with 12 small panel antennae. The owner stated that the tower would be minimally visible over the roof line of surrounding houses, further concealed by trees, and that the mechanical equipment and wiring would be located underground and in the basement of an existing building on the site. The applicant argued that the 85-foot height was the minimum needed for cell phone coverage. In response to community concerns, the tower was relocated toward the rear of the property and redesigned to resemble a flag pole.

BSA granted the application, finding that the tower would not interfere with the privacy, quiet, light and air of the neighborhood. BSA, however, restricted maintenance hours for the tower, required additional slots for other cell phone companies, and required that the flag be replaced once a year, maintained, and lit at night.

Building owner sought to legalize 23 residential units. The owner of a four-story 34,500 sq.ft. building in an M1-1 zoned district located at 47 Thames Street in East Williamsburg, sought to legalize 23 existing residential units on its first through fourth floors.

In support of the variance, the applicant argued that the building is one of the few four-story manufacturing buildings in the area, and its lack of access ramps, loading docks and a commercial elevator rendered the entire building unfit for manufacturing uses. BSA asked for further analyses including cost studies of a full retrofit of the building to address the elevator, access ramp and loading dock problems and an analysis of the construction of a below-grade loading dock.

The cellar of the Bnos Menachem school to house a private onsite catering service and events. Bnos Menachem is a not-for-profit girls school with pre-school to seventh grade classes located in a residentially- zoned area of Crown Heights, Brooklyn. It sought a variance from BSA to allow a private, for-profit catering company, Ragzag, Inc., to operate from the school’s cellar. The caterer would operate after school hours and provide services to the school and the community with a total event capacity of 550 people. Outside events would be limited to forty percent of the total events each year.

The school argued that the manufacturing nature of its 33,646 sq.ft. building, originally used by a publishing company, made it unsuitable for residential uses. Noting that the catering business was permitted as-of-right on the other floors, the school argued that the cellar was unfit for the school’s classrooms. It also stressed its great financial need, explaining that families in the area could not afford high tuition costs.

8-story building to be built adjacent to existing school. Park East Day School proposed to construct an eight-story, 104 ft. tall building at 162 East 68th Street as a way to expand its existing school located immediately adjacent on East 68th Street. Park East had earlier demolished a three-story building on the site. The new building would include ten classrooms, science labs, computer and media centers, a large library and a caretaker’s apartment on the eighth floor.

Park East argued that, to achieve the most functional design, size and layout, it required eight stories and full lot coverage on the lower floors in order to mirror the configuration and line up with the floors of the existing school, which received a variance in 1973. The design exceeded limits on height, overall size and lot coverage. Park East stated that a code-compliant building would eliminate four new classrooms, the computer lab and the caretaker’s unit from the project and diminish its ability to operate effectively.

Variance required to expand restaurant. Babbo Realty, LLC, owner of the highly-rated Babbo restaurant at 110 Waverly Place in Greenwich Village’s R7-2 zone, sought to amend a 2002 variance to expand its cellar by 697 sq.ft. for wine storage. Babbo originally sought the 2002 variance because it was unclear from the certificates of occupancy whether the restaurant had operated continually at 110 Waverly. Under the site’s zoning, restaurants are prohibited unless it can be shown that a restaurant predated the zoning’s enactment and operated continually. BSA, in granting the 2002 variance, determined that the premises continually housed an eating and drinking establishment since 1933 and found a hardship created by the premises’ unique conversion from a stable and carriage house to a restaurant.

In support of the sub-level expansion, the owners argued that it would not increase floor area or impact aesthetics. A neighbor objected to the excavation, citing potential property damage to his building, which is located to the rear of 110 Waverly. BSA granted the expansion, noting that construction safety issues were not factors for its review but fell under the jurisdiction of the Department of Buildings.