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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

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

RESOLVED, That Community Board Five urges the Department of Investigation for the Board of Standards and Appeals to thoroughly investigate the exact nature of the services proposed by the establishment.

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