APPLICANT Friedman & Gotbaum, LLP, for Hilton Resorts Corporation, Owner; Spa Chakra, LLC

156-08-BZ ground floor of the subject site; and CEQR #08-BSA-089M WHEREAS, the PCE will be operated by Spa APPLICANT – Friedman & Gotbaum, LLP, for Chakra and will be open to the general public; and Hilton Resorts Corporation, owner; Spa Chakra, WHEREAS, the applicant represents that the LLC, lessee. services at the PCE will include those of a full- SUBJECT – Application June 5, 2008 – Special service day spa including massage by licensed Permit pursuant to ZR §73-36 to allow the proposed professionals; and Physical Culture Establishment on a portion of the WHEREAS, the hours of operation are ground floor of a new hotel. The proposal is contrary proposed to be: Monday through Friday, from 6:00 to ZR §32-10. The premises is located in a C5-3 a.m. to 9:00 p.m.; and Saturday and Sunday, from zoning district. 8:00 a.m. to 9:00 p.m.; and PREMISES AFFECTED – 102 West 57th Street, WHEREAS, the applicant has provided floor Southerly side of West 57th Street, 150 feet west of plans that describe the sound attenuation program to Sixth Avenue, Block 1009, Lots 37 & 39, Borough of be installed at the PCE; and Manhattan. WHEREAS, the Board finds that this action COMMUNITY BOARD #5M will neither alter the essential character of the APPEARANCES – surrounding neighborhood, impair the use or For Applicant: Lori Cuisinier. development of adjacent properties, nor be ACTION OF THE BOARD – Application granted detrimental to the public welfare; and on condition. WHEREAS, the Department of Investigation THE VOTE TO GRANT – has performed a background check on the corporate Affirmative: Chair Srinivasan, Vice-Chair Collins, owner and operator of the establishment and the Commissioner Ottley-Brown, Commissioner principals thereof, and issued a report which the Hinkson and Commissioner Board has determined to be satisfactory; and Montanez...... 5 WHEREAS, the PCE will not interfere with any Negative:...... pending public improvement project; and 0 WHEREAS, the Board finds that, under the THE RESOLUTION: conditions and safeguards imposed, any hazard or WHEREAS, the decision of the Manhattan disadvantage to the community at large due to the Borough Commissioner, dated May 13, 2008, acting proposed special permit use is outweighed by the on Department of Buildings Application No. advantages to be derived by the community; and 104500425PAA, reads in pertinent part: WHEREAS, therefore, the Board has “Proposed physical culture establishment on determined that the evidence in the record supports the ground [floor] portion located within C5- the requisite findings pursuant to ZR §§ 73-36 and 3 zoning district is not permitted pursuant to 73-03; and zoning resolution section 32-10;” and WHEREAS, the project is classified as an WHEREAS, this is an application under ZR §§ Unlisted action pursuant to 6 NYCRR Part 617.2 (ak); 73-36 and 73-03, to permit, on a site located within a and C5-3 zoning district, the establishment of a physical WHEREAS, the Board has conducted an culture establishment (PCE) on a portion of the environmental review of the proposed action and has ground floor of a 27-story time-share hotel, contrary documented relevant information about the project in to ZR § 32-10; and the Final Environmental Assessment Statement, CEQR WHEREAS, a public hearing was held on this No. 08BSA089M, dated July 1, 2008; and application on July 15, 2008, after due notice by WHEREAS, the EAS documents that the publication in The City Record, and then to decision operation of the PCE would not have significant on August 19, 2008; and adverse impacts on Land Use, Zoning, and Public WHEREAS, the premises and surrounding area Policy; Socioeconomic Conditions; Community had a site and neighborhood examination by Facilities and Services; Open Space; Shadows; Historic Commissioner Hinkson; and Resources; Urban Design and Visual Resources; WHEREAS, Community Board 5, Manhattan, Neighborhood Character; Natural Resources; has declined to hear this matter; and Hazardous Materials; Waterfront Revitalization WHEREAS, the subject site is located on the Program; Infrastructure; Solid Waste and Sanitation south side of West 57th Street, 100 feet west of Sixth Services; Energy; Traffic and Parking; Transit and Avenue; and Pedestrians; Air Quality; Noise; Construction Impacts; WHEREAS, a 27-story time-share hotel is and Public Health; and currently under construction at the site; and WHEREAS, no other significant effects upon the WHEREAS, the PCE will occupy environment that would require an Environmental approximately 3,252 sq. ft. of floor area on the Impact Statement are foreseeable; and WHEREAS, the Board has determined that the proposed action will not have a significant adverse impact on the environment. Therefore it is Resolved that the Board of Standards and Appeals issues a Negative Declaration prepared in 156-08-BZ CEQR #08-BSA-089M accordance with Article 8 of the New York State Environmental Conservation Law and 6 NYCRR Part 617 and the Rules of Procedure for City Environmental Quality Review and Executive Order No. 91 of 1977, as amended, and makes each and every one of the required findings under ZR §§ 73-36 and 73-03, to permit, on a site within a C5-3 zoning district, the establishment of a physical culture establishment on a portion of the ground floor of a 27-story time-share hotel, contrary to ZR § 32-10; on condition that all work shall substantially conform to drawings filed with this application marked “Received July 2, 2008- (2) sheets; and on further condition: THAT the term of this grant shall expire on August 19, 2018; THAT there shall be no change in ownership or operating control of the physical culture establishment without prior application to and approval from the Board; THAT all massages shall be performed by New York State licensed massage therapists; THAT the above conditions shall appear on the Certificate of Occupancy; THAT Local Law 58/87 compliance shall be as reviewed and approved by DOB; THAT fire safety measures shall be installed and/or maintained as shown on the Board-approved plans; THAT prior to the issuance of any permits, DOB shall review the floor area and location of the PCE for compliance with all relevant commercial use regulations; THAT sound attenuation measures shall be installed and maintained in accordance with the approved plans; THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s); THAT the approved plans shall be considered approved only for the portions related to the specific relief granted; and THAT the Department of Buildings must ensure compliance with all of the applicable provisions of the Zoning Resolution, the Administrative Code, and any other relevant laws under its jurisdiction irrespective of plan(s)/configuration(s) not related to the relief granted. Adopted by the Board of Standards and Appeals, August 19, 2008. A true copy of resolution adopted by the Board of Standards and Appeals, August 19, 2008. Printed in Bulletin Nos. 32-34, Vol. 93. Copies Sent To Applicant Fire Com'r. Borough Com'r.