PREMISES AFFECTED - 541 Lexington Avenue, Borough of Manhattan.

62-99-BZ

APPLICANT - Jay A. Segal, Esq., for Starlex LLC, owner; Blissworld LLC, lessee.

SUBJECT - Application April 16, 2004 - reopening for an amendment to allow the expansion of existing physical culture establishment.

PREMISES AFFECTED - 541 Lexington Avenue, east side of Lexington Avenue between East 49th Street and East 50th Streets, Block 1350, Lot 20, Borough of Manhattan.

COMMUNITY BOARD #6M

APPEARANCES - None.

ACTION OF THE BOARD - Application re-opened and resolution amended.

THE VOTE TO GRANT -

Affirmative: Chair Srinivasan, Vice-Chair Babbar, Commissioner Miele, Commissioner Caliendo and Commissioner Chin...... 5

Negative:...... 0

THE RESOLUTION -

WHEREAS, a public hearing was held on this application on August 10, 2004, after due notice by publication in theCity Record, and then to September 14, 2004 for decision; and

WHEREAS, the applicant has requested a re-opening and an amendment to the resolution; and

WHEREAS, on February 1, 2000, the Board granted a special permit application pursuant to Z.R. §73-36, to permit in a C6-6 Zoning District, the use of a portion of the fourth floor of an existing hotel building as a physical culture establishment (“PCE”); and

WHEREAS, the record indicates that the PCE currently operates as a spa and gym managed by the hotel; and

WHEREAS, the instant application seeks to expand the PCE to the entire fourth floor of the hotel, primarily from the conversion of existing hotel guest rooms to spa treatment rooms, and the enlargement of locker and dressing areas; and

WHEREAS, this expansion will increase the total square footage of space occupied by the PCE from 8,000 sq. ft. to approximately 21,000 sq. ft.; and

WHEREAS, the applicant states that the changes to the PCE will not have any physical impact on the hotel beyond the fourth floor and will not be visible from outside the hotel; and

WHEREAS, Community Board #6, Manhattan recommends approval of this application, on condition that no part of the PCE expansion is visible from the street; and

WHEREAS, the applicant represents that no part of the PCE expansion will be visible from the outside the hotel.

Resolved, that the Board of Standards and Appeals reopens and amends the resolution, so that as amended this portion of the resolution shall read: “to permit the expansion of the PCE to the entire fourth floor of the hotel; on condition that all work shall substantially conform to drawings as filed with this application, marked ‘Received August 25, 2004’-(1) sheet; and on further condition;

THAT all conditions from prior resolutions remain in effect and all conditions required to be placed on the certificate of occupancy shall remain;

THAT this approval is limited to the relief granted by the Board in response to specifically cited and filed DOB/other jurisdiction objection(s) only; and

THAT the Department of Buildings must ensure compliance with all other applicable provisions of the Zoning Resolution, the Administrative Code and any other relevant laws under its jurisdiction irrespective of plan(s) and/or configuration(s) not related to the relief granted.”

(DOB Application # 103744414)

Adopted by the Board of Standards and Appeals, September 14, 2004.