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Consents & Variances

11 West 36th Street (between 5th and 6th Avenues), Cosmos Spa, Inc., application for a re-opening and extension of term for a previously granted special permit (ZR Section 73-36) for a physical culture establishment

At the regularly scheduled monthly meeting of Community Board Five on Thursday, October 11, 2012, the Board passed the following resolution by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, Cosmos Spa is a previously existing physical culture establishment offering massage, facials and nail services; and

WHEREAS, The premises is located on the second floor of a seven-story office building and contains approximately 1670 square feet of floor area, and contains (7) rooms for massage therapy and facials and one table shower room; and

WHEREAS, The spa's hours of operation would be from 10:00 am to 12:00 am, seven days a week; and

WHEREAS, Neighbors, including the local Fashion Center BID, have expressed concerns about the previous method of operation at Cosmos Spa; and

WHEREAS, Suggestive testimonials which describe erotic and illegal activities at this premises can be found on erotic massage websites such as Utopia Guide, Rub Maps, and others; and

WHEREAS, The previous Principal of Cosmos Spa will continue to be an owner and operator after the proposed  reopening of the spa; and

WHEREAS, It was requested in advance to the applicant's lawyer by members of Community Board Five that the principal/operator herself, please show up in person at the regularly scheduled CB5 meeting to offer answers to the questions and concerns addressed above; and

WHEREAS, The principal/ operator failed to show up in person; and

WHEREAS, The applicant had on two previous occasions requested a postponement with CB5; and

WHEREAS, Community Board Five is gravely concerned with the method of operation of Cosmos Spa; therefore, be it

RESOLVED, Community Board Five recommends denial of the application to legalize the re-opening of the previously existing Physical Culture Establishment at 11 West 36th Street; and be it further

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