Brick Crossfit gym opened
in
August 2013 without the required Board of Standards and Appeals (BSA)
special
permit for a Physical Culture Establishment (PCE). The result is now a
lawsuit
initiated by the condo board at the SteinerBuilding,
257 West l7th
Street, the first floor and basement location
of Brick, against the
gym’s
owners. Supporters of the gym explained that Brick encourages a healthy
environment and wants to be a positive addition to the community.
"The
most dramatic moment occurred when Alan Fierstein of Acoustilog played
the recording he made in a second floor apartment..."
However, one
after
another of the Steiner Building residents testified that from 6am
to
8pm
(sometimes even after 9pm at night) as high up as the sixth floor, they
could
hear weights dropping, instructors encouraging their students and music
blasting. Their china vibrates and so do mattresses, and their children
cannot
do their homework. In addition to the daily stress, residents are
concerned
about the devaluation of their investment in their homes. Brick seems
to have
violated an interim court order of no weight lifting or classes before
7:30am
or after 8:30pm. Frank Angelino, attorney for Brick, addressed the
board saying
that the gym is ‘committed
to being as good a neighbor as
possible... In order
to solve any sound issues Brick in the beginning put in a soundproof
floor that
didn't work out as well as intended and it is continuing to work on
that to
cover the entire area of 8000 square feet.’ lt was pointed
out by an architect
of gyms who lives in the building that Brick did not study the science
of sound
transmission, which is routinely done when planning a gym, before
opening and
accepting members. Both Brick and the residents hired acoustical
engineers.
Acoustilog
for the
residents,
and Shen Milsom & Wilke for Brick, both agreed that the
vibration and noise
needed to be reduced. The most
dramatic moment occurred when Alan
Fierstein of
Acoustilog played the recording he made in a second floor apartment
at
6:44am
on November 22. The repeated boom sound, like the steady beat of a
kettledrum,
was stunning. “I can demonstrate the sound but I can't
demonstrate what it
actually feels like with the vibrations.” Fierstein said.
CB4
later voted to send a
strong letter to the chair of the Board of Standards and Appeals to
deny the
granting of a special permit to Brick Crossfit for a PCE. The letter
set
conditions for returning quality of life to the residents of the SteinerBuilding,
which if followed. could lift
the board's denial. but noted that "Neither consultant can confirm that
any of the mitigations would be sufficient to reduce noise levels
enough to be code
compliant.” The board also wrote that it ‘feels
strongly that BSA should not
grant approval of this application until the finding in
(the special permit) is met and should require
the gym to cease operation until the application is
approved.” The board is also
planning on contacting the Department of Buildings and the New York
City Fire Department,
since a blocked emergency exit was made known at the meeting.
Since CB4's December 4
meeting. it was learned that Brick is spending $250,000 to install
added floor
padding and a special acoustical drop ceiling in the facility. which
noted a
membership of 600 at the meeting. Installation has not yet been
completed.
Acoustilog, Inc.: Gyms, Fitness Studios and Dance Studios
(212)
925-1365
19
Mercer Street, New York, NY 