Spa allowed in cellar of building in Little Korea. BSA approved a special permit for a spa to be located in the cellar of an existing 12- story building on the north side of West 37th Street between Fifth and Sixth Avenues in Manhattan. The building, located in an M1-6 District, currently contains a restaurant, retail store, office space and manufacturing uses. Prior to seeking the special permit from BSA, the Department of Buildings granted a work permit to convert the cellar to a spa from its previous use as a dance studio, but the permit was revoked pending BSA approval after Manhattan Community Board 5 voiced concerns about the legitimate purpose of the spa.

At the BSA hearings, there was strong opposition by area residents, business owners, representatives of Community Board 5, and the Midtown Business Improvement District. They argued that the spa, which proposed massage, manicures and skincare services, could be a front for a different type of establishment. Commissioner Peter Caliendo explained that BSA could not deny a special permit based on pure speculation. Furthermore, Commissioner Joel A. Miele noted that in cases where complaints were received after a permit was granted, BSA had inspected the establishment, held a hearing and successfully revoked the special permit.

Chair Meenakshi Srinivasan questioned the applicant about the spa’s late hours of operation, and the applicant responded that the midnight closing time was set solely to compete with other area spas, which have similar hours.

Chair Meenakshi Srinivasan questioned the applicant about the spa’s late hours of operation, and the applicant responded that the midnight closing time was set solely to compete with other area spas, which have similar hours.

BSA: 5/9 West 37th Street (173-04-BZ) (November 23, 2004) (Eric Palatnik, Esq., for Eunjoo Kim). CITYADMIN