City Planning Commission Approves Two Amendments Promoting Health and Fitness

Image of current districts under the FRESH program. One of the Mayor’s proposed zoning amendments will expand the FRESH program in outer boroughs. Image Credit: NYC DCP

Commissioners raised concerns about the removal of special permits as a way to vet out illegitimate massage parlors. On October 20, 2021, the City Planning Commission voted to approve two applications proposed by the City to support small businesses and promote healthy food options and fitness. The two applications, the FRESH Program Expansion and the Health and Fitness Text Amendment, were part of a series of zoning proposals proposed earlier this year. 

FRESH Expansion

The Food Retail Expansion to Support Health (FRESH) program offers zoning and tax incentives to encourage the development of accessible stores for fresh meats and produce, perishable goods and other grocery products. FRESH zoning incentives include an additional square foot of residential floor area for a mixed building for every square foot provided for a FRESH food store and a possible increase in maximum building height by 15 feet authorized by the City Planning Commission to accommodate the extra floor area. FRESH food stores can be built as-of-right in FRESH eligible districts instead of seeking out a special permit. 

Currently, the FRESH program operates in specific districts, including portions of Manhattan Community Districts 9 through 12, portions of Bronx Community Districts 1 through 7, portions of Brooklyn Community Districts 3, 4, 5, 8, 9, 16 and 17, portions of Queens Community districts 1 and 12 and the Special Downtown Jamaica District. The proposed zoning change expands the FRESH program in Bronx Community Districts 8 and 9; Brooklyn Community Districts 1, 2, 12 and 13; Queens Community Districts 1, 3, 4 and 14 and Staten Island Community District 1.

The commissioners unanimously voted in favor of the amendment, and did not issue any comment on it. 

Health and Fitness Text Amendment

The Health and Fitness text amendment would allow gyms, martial arts studios, spas, massage therapy businesses and other health related businesses to open as-of-right where zoning permits. Currently, these health related businesses must first seek special permission from the Board of Standards and Appeals (BSA), which can add months in the timeline and thousands of dollars of upfront costs to open these kinds of businesses. During this time of economic recovery, the City wanted to remove the significant barriers that prevent these small businesses that provide health benefits from

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