188-07-BZ CEQR #08-BSA-009M APPLICANT – Friedman & Gotbaum, LLP, for Hilton Hotels Corporation, owner; Spa Chakra, LLC, lessees. SUBJECT – Application August 2, 2007 – Special Permit (§§73-03 & 73-36) – To allow a Physical Culture Establishment in portion of an existing building (19th floor & p/o lobby level) in a C5-2.5/C5-3/C6-6 ZD. PREMISES AFFECTED – Waldorf-Astoria, 301 Park Avenue, entire block bounded by Park & Lexington 49th 50th & Streets, Block 1304, Lot Avenues and East 1, Borough of Manhattan. COMMUNITY BOARD #5M APPEARANCES – For Applicant: Lori Cuisinier. ACTION OF THE BOARD – Application granted on condition. THE VOTE TO GRANT – Affirmative: Chair Srinivasan, Vice-Chair Collins, Commissioner Ottley-Brown and Commissioner Hinkson........................................................................4 Negative:.......................................................................0 THE RESOLUTION: WHEREAS, the decision of the Manhattan Borough Commissioner, dated March 29, 2007, acting on Department of Buildings Application No. 104697856, reads in pertinent part: “The proposed Physical Culture Establishment 19th use on the floor and portion of the first floor lobby of the building in a C5-2.5/C5- 3/C6-6 district is not permitted pursuant to Section 32-10 of the Zoning Resolution;” and WHEREAS, this is an application under ZR §§ 73-36 and 73-03, to permit, on a site within a C5- 2.5/C5-3/C6-6 zoning district, the establishment of a physical culture establishment (PCE) in the lobby floor 19th floor of an existing 43-story hotel building, and contrary to ZR § 32-10; and WHEREAS, a public hearing was held on this application on September 25, 2007 after due notice by publication in The City Record, and then to decision on October 23, 2007; and WHEREAS, Community Board 5, Manhattan, recommends approval of this application; and WHEREAS, the subject site is located on the entire block bounded by Park Avenue on the west, 50th Street on the Lexington Avenue on the east, East 49th Street on the south; and north and East WHEREAS, the site is occupied by a 43- story hotel building, the Waldorf-Astoria; and WHEREAS, the PCE will occupy approximately 19th floor and 13,810 sq. ft. of floor area on the approximately 960 sq. ft. of floor area on the lobby floor; and WHEREAS, the applicant represents that the PCE will offer facilities for the practice of massage within a full service day spa, as well as facilities for classes, 188-07-BZ CEQR #08-BSA-009M 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 C5-2.5/C5-3/C6-6 zoning district, the establishment of a physical culture 19th floor of an establishment in the lobby floor and existing 43-story hotel building, contrary to ZR § 32- 10; on condition that all work shall substantially conform to drawings filed with this application marked “Received August 30, 2007”-(5) sheets; and on further condition: THAT the term of this grant shall expire on October 23, 2017; 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 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 i

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