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April 2010

 

 

Consents & Variances

Laboratory Institute of Merchandising (LIM College), to hold a block party on East 53rd Street, between 5th and Madison Avenues, on Sunday, August 22

WHEREAS, The Laboratory Institute of Merchandising wants to hold a welcome party and orientation for new students to meet existing faculty and staff on 53rd Street between Fifth and Madison Avenues, on August 22, 2010; and

WHEREAS, The applicant is a business school established in the 1930s and has held this event at this location last year without incident; and

WHEREAS, The school is located at the proposed site; and

WHEREAS, Approximately 1,000 participants are expected at the event; and

WHEREAS, The event will have a few carnival-type activities, 5 vendors of school-related merchandise and 1 food vendor, being the school's food service provider; and

WHEREAS; The event is to be held from noon to 5:00 p.m., with set up beginning no earlier than 9:00 a.m. and breakdown completed no later than 7:00 p.m.; and

WHEREAS, The applicant will have a stage and amplified sound and the street on which the event will take place is mainly commercial, with no residential buildings to impact; and

WHEREAS, The applicant has agreed to contact the police precinct and the Department of Sanitation to coordinate with those agencies; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, That Community Board Five recommends approval of a block party on 53rd Street between Fifth and Madison Avenues, on August 22, 2010.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

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Newsstand Application #1346346, NEC West 54th Street and 7th Avenue (843 7th Avenue)

WHEREAS, The applicant seeks a permit to install and operate a 6' x 12" newsstand at 843 7th Avenue (on the N/E/C OF West 54th St. & 7th Ave), and

WHEREAS, The proposed newsstand would be located in the Central Park-Theater district corridor, an area that registers a heavy pedestrian flow, reaching critical level at rush hour; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The neighborhood is adequately served by the existing newsstand and newspaper stores in the vicinity, including a newspaper and gift store, The Smoke Scene, at 785 Seventh Avenue between 54th and 55th Street, in close proximity to the proposed location of the newsstand; and 

WHEREAS , The Wellington Hotel, corner 55th Street and Seventh Avenue, the Sheraton Hotel, corner 53rd Street and Seventh Avenue, and the Park Central Hotel across the Avenue all have Newsstand -Gift Shops; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The newsstand would negatively impact on the surrounding area creating physical and visual clutter; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at 843 7th Avenue, on the N/E/C of West 54th Street and 7th Avenue), and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 5pm on a weekday, and be it further

RESOLVED, That in recognizing that the cost for applications for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

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Land Use & Zoning

15 Penn Plaza

WHEREAS, 401 Commercial LP and 401 Hotel REIT LLC propose to redevelop the current site of the Hotel Pennsylvania with a new 67-story, approximately 1,190 to 1,216-foot tall commercial office building to be known as 15 Penn Plaza; and

WHEREAS, The development site is currently occupied by the 1,700 room Hotel Pennsylvania which was designed by McKim, Mead & White which Community Board Five has previously recommended for landmark designation but the New York Landmark Preservation Commission recently determined that the Hotel did not meet their criteria for designation; and

WHEREAS, The applicants are proposing two optional development scenarios for the site in order to have flexibility to respond to future market conditions: 

1) An office building for a single financial industry tenant with five floors of approximately 340,000 sq. ft. of trading floor use, plus approximately 18,000 sq. ft. of retail use, 509,000 sq. ft. of amenity, lobby, service and loading area space, 418,000 sq. ft. of mechanical space, and 1.53 million sq. ft. of office space for a total of 2.83 million gross sq. ft.; or

2) A slightly smaller office building for multiple tenants that would include approximately 1.89 million sq. ft. of commercial office use, 361,711 sq. ft. of retail space, 307,180 sq. ft. of mechanical space, and 97,131 sq. ft. of amenity, lobby, and service and loading area space for a total of 2.66 million gross sq. ft.; and

WHEREAS, The applicants do not yet have a tenant for the single-tenant scenario; and

WHEREAS, Both scenarios would potentially include 100 below-grade accessory parking spaces, widened sidewalks, various options for truck deliveries and pickups in response to the area's intensely busy traffic, and trees planted on 32nd Street; and

WHEREAS, The single tenant proposal includes a block through loading area and the multi-tenant proposal only includes a single-entry loading dock and neither proposal includes adequate measures to mitigate the small truck and black car traffic that will be generated at this site, and

WHEREAS, The design proposals for both development scenarios are by Pelli Clarke Pelli Architects and currently propose to incorporate green construction materials and systems with the goal to achieve or exceed LEED Silver certification; and

WHEREAS, The development site is located partly within a C6-6 zoning district and partly within a C6-4.5 zoning district that has a lower FAR requirement; it is also partially located within the Penn Center Subdistrict of the Special Midtown District; and

WHEREAS, current zoning would permit approximately 1.15 million square feet of floor space on the building lot and in order to build either scenario -- a single tenant at 2.83 million square feet or multiple tenants at 2.66 million square feet -- the applicants would move 245,542 square feet from the adjacent site through a zoning lot merger with the parcel they also own on 6th Avenue that is currently the location of Manhattan Mall.  For additional floor area, the applicants are seeking to:

  • By obtaining Zoning Map and Zoning Text Amendments, add 266,625 square feet from an upzoning from a C6-4.5, which permits 12 FAR, to a C6-6, which permits 15 FAR; and
  • Obtain a Special Permit (ZR 81-541 and 74-634) that would give the project an additional 20 percent of additional floor area, adding 474,000 square feet in exchange for making various improvements to mass transit facilities at, or adjacent to, the development site; and

 

WHEREAS, The applicants must also obtain:

  • Special permit (ZR 81-066 and 81-254) to modify the height and setback regulations of the Special Midtown District;
  • Special permit (ZR 81-066) to modify the Mandatory District Plan elements pertaining to pedestrian circulation space, street wall continuity, retail continuity and major building entrances; and
  • A Zoning text amendment to define the administrative process for obtaining approvals from the multiple transit operating entities in and around Penn station, and to provide that any bonus floor area for completed rail mass transit improvement that is not utilized in a development is vested and available for use elsewhere on the zoning lot;

 

WHEREAS, The development site shares its block with the 11-story Manhattan Mall and under both development scenarios, the development site and the Mall site will be merged into a single zoning lot and thus any approvals granted to this development proposal would apply to the merged zoning lot; and

WHEREAS, All the entities -- 401 Commercial LP, 401 Hotel REIT LLC and the Manhattan Mall site -- are controlled by Vornado Realty Trust which also controls 11 buildings and 8 million square feet in the area; and

WHEREAS, If the C6-4.5 to C6-6 upzoning is granted to this development proposal and if for any reason the applicants do not proceed with either of the proposed tenant scenarios, by dint of having merged the development site with the adjacent Manhattan Mall site, the upzoning FAR increase can be used for any future development that may take place on the merged lot; and

WHEREAS, As currently proposed, the project would take approximately 4 1/2 years to construct but no timetable has been set for construction to begin, absent confirmation as to which development scenario will be chosen; however any upzoning granted under this ULURP application would remain permanently in effect; and

WHEREAS, The applicant is requesting a 20 percent transit bonus in exchange for relocating and upgrading the existing subway entrances on West 32nd and West 33d Streets, adding a new street elevator at Seventh Avenue and 32nd Street, relocate two subway entrances at the Manhattan Mall site, add a new stairway from the mezzanine level to the IRT express train platform  and making other transit improvements either to mitigate the impact of this development, accommodate the new workers coming to the new office tower, or to provide improvements and alternatives to help meet the significant demands on the existing transit infrastructure from the millions of MTA-NYCT, Port Authority Trans Hudson (PATH), Port Authority of New York and New Jersey, and Amtrak passengers and other residents, commuters and visitors who travel through this area daily; and

WHEREAS, With the granting of an easement to permit its widening, the applicants would renovate, including new public access to Manhattan Mall retail tenants, and reopen the pedestrian passageway, often referred to as the Gimbel's Passageway, under the south side of 33rd Street along the length of the merged zoning lot/development site, originally built by the former Gimbel's Department Store; and

WHEREAS, The passageway would be accessed by a stairway from the mezzanine level of the IRT station under 7th Avenue or stairways from the street level and be only 16 feet wide and would likely only be used to avoid bad weather rather than a attractive new way to move from Herald Square to Pennsylvania Station; and

WHEREAS, New subway entrances on 7th Avenue would be required by an as-of-right development and new subway entrances would also be required for any future development on the 6th Avenue site, and

WHEREAS, In the already densely developed area surrounding Penn Station there are several locations where the Zoning Map pointedly designates lower FAR, one of which is at this development project site; Community Board Five is concerned that the upzoning requested in this application would not only violate the intention of the Zoning Map and burden the area with excessive density but also set a troubling precedent and tipping point for future development in the area; and

WHEREAS, The impact of the development of nearby Moynihan Station on the density of the surrounding area, including the sale of Farley Building commercial development rights, is not yet known but could be significant as well as concurrent with the building of 15 Penn Plaza; thus any upzoning at this development site is not only premature given the area's redevelopment future but also a threat to the area's environmental quality while producing no redeeming benefits to the community; and

WHEREAS, The only rationale offered for upzoning the mid-portion of this lot is that the developer would like the option of developing more office space and the Board does not believe this is a sound basis for making decisions on what the permitted density for an area should be; and

WHEREAS, Some of the proposed transit improvements for which the applicants would receive a 20 percent development bonus resemble  repairs and maintenance associated with the applicants' own project and to their own benefit rather than added-value improvements meriting the bonus; and

WHEREAS, The biggest infrastructure problem in this area is the severe overcrowding of the sidewalks and, in particular, the entrance to Pennsylvania Station on 7th Avenue directly across the street from the development site, and

WHEREAS, The development of this site will be directly tied to Pennsylvania Station through a small entryway to the mezzanine under the 7th Avenue IRT and the applicant is proposing a much needed additional stairway from the mezzanine to the express train platform; and

WHEREAS, The development of such a large building on this site presents an opportunity for an additional major entrance to Pennsylvania Station which could lead directly to a single-level passageway to Herald Square and thus greatly improve accessibility to the station from the east and ease some of the existing overcrowding and additional traffic that will be generated by this and other planned developments in the area; and

WHEREAS, Community Board Five requests that additional improvements be made to mitigate the environmental impacts of this development such as better systems for truck deliveries, trash pick-up, tree plantings, public space, and other streetscape amenities, including, as a starting point, a block-through loading dock for any proposal; and

WHEREAS, By proposing what would be the third tallest building in New York City and a major addition to the city's skyline, Community Board Five is disappointed that the proposed building/s designs are bulky, uninspired, massive, and fail to seize this opportunity to add beauty and distinction to the New York City skyline and streetscape; and

WHEREAS, By building such an enormous building in this location the applicants will place significant burdens on the neighborhood's traffic, noise, infrastructure, air quality and other quality of life conditions and therefore the transit bonus and upzoning are only justifiable if there are also equally significant improvements to the transit infrastructure in the area, as well as to the community's ability to seek relief from any exceptional increase in density including but not limited to green space, arts facilities, and other public amenities; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a Zoning Map Amendment and various Zoning Text Amendments, Special Permit for a Floor Area Bonus, Special Permit to Modify Height and Setback, and Acquisition of Easements to permit the development and construction of a new 2,052,667 office building on the current site of the Hotel Pennsylvania on Seventh Avenue between 32nd and 33rd Streets.

The above resolution passed by a vote of 36 in favor, 1 opposed, 1 abstaining.

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Parks

LeadDog Marketing application to conduct a special event in Father Duffy Square as a part of the Mother's Day Walk, on Sunday May 9th, 2010

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, LeadDog Marketing has submitted an application for a special event in Father Duffy Square, benefiting ten charities and coinciding with a Mother's Day Walk to be conducted as part of Oprah Magazine's 10th Anniversary celebration, on Sunday, May 9th, 2010, between the hours of 9:00 AM and 1:00 PM, requiring set-up to begin at 12:00 AM and dismantling and clean-up to be completed by 5:00 PM; and; and

WHEREAS, The proposed event would not hamper other activities in the park, nor inhibit the usage of the red steps and one line for the TKTS box office will remain open, and

WHEREAS, The walk would begin at The Intrepid and culminate in Father Duffy Square, and the proposed special event would close Broadway between West 49th and West 45th Streets; and

WHEREAS, The proposed event has twelve corporate sponsors, and the only signage that will be conspicuous is Calvin Klein's brand which will be on the two tents that would house massage stations; and

WHEREAS, The proposed event requires a small park foot print, a brief duration of time and is minimally commercial and predominantly charitable in nature; therefore, be it

RESOLVED, That Community Board Five recommends approval of LeadDog Marketing's application to conduct a special event in Father Duffy Square as a part of the Mother's Day Walk, on Sunday May 9th, 2010.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

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PC Richard/HP computers/Sex and the City 2 promotional event in Union Square, May 25th, 11am-2pm

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, PC Richard & Son and HP Computers have submitted an application for a special event promoting Vivianne Tam HP Netbook/Notebook computers and the release of the feature film "Sex and the City 2" to be conducted in the South Plaza of Union Square Park on Tuesday, May 25th, 2010, between the hours of 11:00 AM and 2:00 PM; and

WHEREAS, According to the application, a 20' x 20' space called "Carrie's Closet" will give park patrons the opportunity to check out new products from HP, record a scene from the movie, and enter to win a sweepstakes; and

WHEREAS, The applicant was invited yet failed to attend Community Board Five's Parks Committee meeting on April 5, 2010 to present their proposal for review and therefore any questions that the committee might have had regarding this event could not be addressed; and

WHEREAS, There is no indication that this would be anything beyond a purely promotional event; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by PC Richard & Son/HP Computers to hold a special event in Union Square Park on Tuesday May 25th, 2010.

The above resolution passed by a vote of 34 in favor; 1 opposed; 1 abstaining.

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TJX Companies' application to conduct "Marshall's Shoportunity" special event in Union Square Park, on Wednesday April 28th, 2010

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, TJX Companies has submitted an application for a special event entitled "Marshall's Shoportunity" to be conducted in the South Plaza of Union Square Park on Wednesday, April 28th, 2010, between the hours of 10:00 AM and 6:00 PM, requiring set-up to begin on Tuesday April 27th at 10:00 PM and dismantling and clean-up to be completed by Wednesday April 28th at 10:00 PM; and

WHEREAS, The applicant has applied for permits for the usage of amplified sound required for a duration of four hours; and

WHEREAS, The proposed special event would occur on a day in which the Farmers Market is already being conducted in the North Plaza and in the western portion of Union Square Park; and

WHEREAS, The applicant has proposed to erect a tent and runway to conduct a fashion show with Marshall's products, and keys would be distributed to participants who would be provided chances to unlock armoires with the possibility of winning cash prizes; and

WHEREAS, Although some of the proposed event commentary will be focused on Dressed For Success, a not-for profit charity working toward helping formerly homeless individuals secure employment, the Dressed For Success logo would be limited to the fashion show's runway while there would be signage throughout the park space prominently featuring Marshall's brand logo and; and

WHEREAS, In the event of inclement weather, an additional five or six tents would be erected in order to protect goods and participants; and

WHEREAS, With only slight attention paid to the charitable organization, we believe that the South Plaza of Union Square Park would be dominated by activities that are overwhelming commercial in nature; therefore, be it

RESOLVED, That Community Board Five recommends denial of TJX Companies' application to conduct "Marshall's Shoportunity" special event in Union Square Park, on Wednesday April 28th, 2010.

The above resolution passed by a vote of 34 in favor; 1 opposed; 1 abstaining.

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Trip Media's application to conduct a special event in Union Square Park to promote Burt's Bees' products, on Thursday April 22nd, 2010

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Trip Media has submitted an application for an Earth Day-themed event promoting Burt's Bees products to be conducted in the South Plaza of Union Square Park on Thursday, April 22nd, 2010, between the hours of 8:00 AM and 1:00 PM, requiring set-up to begin at  6:00 AM and dismantling and clean-up to be completed by 3:00 PM; and

WHEREAS, The proposed event would include the use of 5 "blender bikes" to produce free blended drinks, two tents, commercially branded signage, free product give-away, and a crew of 25 people, including a videographer; and

WHEREAS, Although the applicant was amicable to changes that would reduce the footprint and duration of their event, it would remain strictly promotional, and as the proposed program lacks educational, philanthropic, artistic, and/or entertainment value, the suggested Earth Day theme seems vague, at best; therefore, be it

RESOLVED, That Community Board Five recommends denial of Trip Media's application to conduct a special event to promote Burt's Bees' products in Union Square Park on Thursday April 22, 2010.

The above resolution passed  by a vote of 34 in favor; 1 opposed; 1 abstaining.

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Public Safety & Quality of Life

47 East 29th St., Karen Murray/47-McPub Inc., d/b/a Red Sky, On-premises Liquor License - renewal

WHEREAS, The applicant, Karen Murray/47-McPub Inc. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for the renewal of an on-premises liquor license for the premises located at 47 East 29th St.; and

WHEREAS, CB 5 receives approximately 40-50 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done on such things as square footage, public assembly, sound amplification and hours of operation,  as well as a conducting a site visit and discussion with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding such a request to the community board office in the form of a questionnaire; and

WHEREAS, This questionnaire is provided on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Numerous follow-up phone calls/emails are made by the committee and board office and in some cases this request for information is ignored; and

WHEREAS, Applicants/attorneys who do not comply are called and apprised in writing that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until next month and with the notation that said application to the State Liquor Authority will not be submitted until after the applicant/attorney meets with the PS/QL Committee; and

WHEREAS, After numerous attempts, the applicant has still not complied with this requirement, and the PS/QL Committee and CB 5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the renewal of an on-premises liquor license for Karen Murray/47-McPub Inc., for the premises located at 47 East 29th St., NYC.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

 

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251 West 30th Street (between Seventh and Eighth Avenues), Lola's - 251 West 30th Street LLC, Application for transfer of an on-premises liquor license

WHEREAS, Lola's - 251 West 30th Street LLC ("Applicant"), has notified Community Board Five of its intention to file for the transfer of an on-premises liquor license for the ground and second floor space (at this time called "Rebel" and to be renamed "Lola" or other suitable name) located at 251 West 30th Street, New York, New York, 10011 (the "Premises"); and

WHEREAS, The Premises consists of approximately 4022 square feet of indoor space on the ground floor, 5130 square feet of indoor space on the second floor, and 963  square feet of space on the mezzanine level between; and

WHEREAS, The Premises includes approximately 536 square feet of outdoor space on the second floor; and

WHEREAS, Estimated patron usage is approximately 280 on the ground floor;  357 on the second floor (including office and VIP spaces); 67 on the mezzanine level; and 37 on the outdoor space; with an estimated total capacity of 741, including  personnel and staff; and

WHEREAS, The Premises will include 3 patron bars and one service bar; and

WHEREAS, Applicant has agreed that Applicant shall:

a.                   operate the Premises as a performance space, a private event space, eating and drinking establishment, and a night club;

b.                  restrict the use of any outdoor space to smoking use only with no music and further provide security for said space to control patron noise and activity (this will not prohibit patrons from consuming alcoholic beverages where permitted by law);

c.                   be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part):

                                                   i.      at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and

                                                 ii.      all material positions of operation shall be the employees of the Applicant at all times;

d.                  at all times when the Premises is being used and open to the public, applicant shall:

                                                   i.      abide by the recommendations of the NYPD and New York Nightlife Association's "Best Practices for Nightlife", to employ a minimum of 1 security guard per 75 patrons at all times when operating as a nightlife venue; and

                                                 ii.      when operating as a nightclub or when event requires, maintain no less than three (3) dedicated security personnel per complete floor in use (no less than two (2) security personnel per partial floor in use); no less than (1) dedicated security personnel in smoking section; and no less than (2) dedicated security personnel in front of club during all hours of operation; totaling a minimum of no less than (9) security personnel when club is fully operational;

                                                iii.      maintain order both inside and outside of the Premises;

                                               iv.      ensure that to the best of applicant's ability, patrons enter and leave the Premises in a peaceful, quiet and respectful manner;

                                                 v.      discourage patrons from congregating outside the Premises;

                                               vi.      use best efforts to clear the area outside the Premises of all patrons immediately after closing

                                              vii.      ensure that  Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

e.                   engage a sound engineer (Acoustilog Inc., or other engineer reasonably satisfactory to CB5) to inspect the Premises and make structural and sound system recommendations to ensure that

                                                   i.      sound does not leak at anytime from the inside of the Premises through the walls, windows, or doors to the neighboring or adjoining residences; and

 

                                                 ii.      there is no amplified sound in any outdoor space; and

 

f.                    install and operate a sound system in the Premises in compliance with the attached sound system specifications which directs sound inward to maximize containment of all amplified sound;

 

g.                   at its option, have live music or a live DJ playing music in the interior spaces only;

h.                   not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

i.                     discourage customers from loitering outside the Premises at any time;

j.                    arrange for private garbage pickup and store its garbage in a manner so as not to cause a disturbance or annoyance to its neighbors;

k.                  use its best efforts to completely clear 30th street between 7th and 8th Avenues of all patrons within one half hour of closing;

l.                     strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and

m.                 meet with neighbors and CB5, if requested, and provide a 24-hour hotline / phone line to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Applicant agreed that, upon the request of CB5, it will return to CB5 in six (6) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Jonathan Rossman (managing member) and/or Robert Kurtz (chief executive) ever contemplate a transfer of his interest in Applicant so that he does not have the interest in Applicant as specified ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5, therefore be it

RESOLVED, that Community Board Fiverecommends denial of the application by Lola's - 251 West 30th Street LLC for the transfer of an on-premises liquor license for the ground and second floor space located at 251 West 30th Street, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 2 opposed; 1 abstaining.

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760-766 8th Avenue a/k/a 268 West 47th Street, Second and Third Floors, 760 8TH AVE. REST., INC. d/b/a "COPACABANA", Application for a new on-premises liquor license

WHEREAS, 760 8TH AVE. REST., INC. ("Applicant"), has notified Community Board Five of its intention to file for a new on premises liquor license for the second and third floors of the premises located at 760-766 8th Avenue a/k/a 268 West 47th Street, New York, New York, (the "Premises"); and

WHEREAS, The premises consists of approximately 8,000 square feet of indoor space on the second floor and approximately 8,000 square feet on the third floor of the Premises; and

WHEREAS, The second floor includes a coat check, two bathrooms, offices, kitchen, a center room lobby area and restaurant with bar; and

WHEREAS, The second floor will be operated exclusively as a restaurant and bar         with dinner dancing, with a total of 20 tables and 90 seats for dining; several bar stools and a dance area; and

WHEREAS, Occupancy on the second floor is 334 including kitchen personnel and staff; and

WHEREAS, The second floor will include one patron bar and no service bars; and

WHEREAS, The second floor restaurant shall operate from 6:00PM to 11:00PM Tuesday through Saturday for restaurant service and shall close to all restaurant patrons by 12:00 midnight; and

WHEREAS, There will be dancing on the second floor to be permitted during restaurant hours for patrons of the restaurant; and

WHEREAS, After restaurant hours, dancing to be done on the second floor in the restaurant area in conjunction with Private Parties/Catered Events only; and

WHEREAS, The third floor includes a bar, dance floor and two bathrooms; and

WHEREAS, The third floor will be operated exclusively for cabaret, Private Parties/Catered Events; and

WHEREAS, Occupancy on the third floor is 500.  Any seating arrangement will not exceed that limit; and

WHEREAS, The third floor will include one patron bar; and no service bar; and

WHEREAS, The third floor will close at 2:00AM on Sunday, Monday and Tuesday; and will close at 4:00AM the other days of the week; and

WHEREAS, On holiday weekends wherein Monday is a Federal/State holiday, the Premises may remain open until 4:00AM; and

WHEREAS, Applicant has agreed to:

a)         Operate the second floor as a restaurant with seated bar and dining service with dancing from 6:00PM to 11:00PM on Tuesday through Saturday night.  Private Parties/Catered Events will be after restaurant service on the second floor until 4:00AM;

            b)         Operate the third floor as a cabaret with bar and no service bar;

c)         Be responsible for any use and at any time that an event or party is hosted by a third party (in whole or in part):  (i) at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Applicant at all times.  Applicant uses in house promoters only.  Outsider Promoters will not be used at any time by Applicant;

d)         At all times when the Premises is being used applicant shall dedicate security personnel in and in front of the Premises at all times to

(i) maintain order both inside and outside of the Premises;

(ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner;

(iii) discourage patrons from congregating outside the Premises,

(iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant.  A security plan is attached to this document.

e)         Engage a sound engineer (Accousilog Inc., or other engineer reasonably satisfactory to CB5) to inspect the Premises and make structural and sound system recommendations to ensure that:

(i)         sound does not leak at anytime from the inside at of the Premises through the walls, windows, or doors to the neighboring or adjoining residences;  to meet legal requirements;  and

(ii)        amplified sound in any outdoor space is optimized to have the lease deleterious effect on neighboring and adjoining residences to meet legal requirements;

f)        Operate a sound system on the second and third floor to compliance with sound system specifications which:

                        (i)         directs sound inward to maximize containment of all amplified sound;

                        (ii)        is computer controlled by management with pre-set maximum volume; and

(iii)       features volume controls that are kept under lock and key and can only be accessed by management.

g)       have only limited use of an exterior "velvet rope" at door.  Interior queuing only and within parameters dictated by and required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

h)       Discourage customers from loitering outside the Premises at any time; no more than 10 smokers shall be permitted outside at any time;

i)        Arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

j)        Strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

k)       Meet with neighbors and CB5 if requested and shall provide a 24 hour hotline to a live manager or owner to immediately address any complaints from the community;

l)        No customer service of any kind after end of established hours of operation for liquor service. Premises empty after 4:30AM at the latest   except for New Year's Eve if applicant is granted all necessary permits;

            m)        Employ a head of security which is a monitor with the City of New York;

n)         Enforce Sunday through Tuesday closing time no later than 2:00AM and Wednesday through Saturday no later than 4:00AM; and

WHEREAS, Applicant agrees to return to CB5 in six (6) months after opening of business to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity) Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should ANTHONY JULIANO or STEVEN JULIANO ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5, therefore be it

RESOLVED, that Community Board Five recommends denial of a new on- premises liquor license for 760 8TH AVE. REST., INC. for the second and third floors of the premises located at 760-766 8th Avenue a/k/a 268 West 47th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining.

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835/845 Avenue of the Americas (between 29th and 30th Streets), CGM 835 AVE LLC d/b/a Bar Basque and FoodParc - application for an nEW ON-PREMISES liquor license

WHEREAS, CGM 835 AVE LLC, ("Applicant"), has notified Community Board Five of its intention to file for a new on- premises liquor license for the ground floor restaurant (at this time called FOODPARC) located at 845 Avenue of the Americas, New York, New York, and the second floor restaurant (at this time called BAR BASQUE) located at 839 Avenue of the Americas, New York, New York (the "Premises"); and

WHEREAS, the Premises consists of approximately 6,049 square feet of indoor space on the ground floor and 13,328 square feet of indoor space on the second floor; and

WHEREAS, the Premises includes approximately 64 linear feet of outdoor tables and chairs immediately adjacent to the ground floor of the restaurant (the "Plaza Tables"), and approximately 3,595 square feet of terrace space (with a retractable roof) on the second floor (the "Terrace"); and

WHEREAS, the Premises will be operated exclusively as a restaurant, food court, and bar, with a maximum occupancy as contained in its public assembly permit; and

WHEREAS, the Premises currently will include 2 patron (stand-up) bars (one, in the FoodParc, and one, in Bar Basque) and one service bar (on the second floor); and

WHEREAS, Applicant has agreed to use reasonable efforts to:

a.       Operate Bar Basque as a restaurant with bar and dining service only. Private parties shall be deemed included in Restaurant Use but regular and recurring promoter-driven events are specifically excluded from Restaurant Use;

b.       Restrict the use of Plaza Tables to persons purchasing food or beverage from FoodParc; the consumption of liquor at Plaza Tables shall be permitted only by table service by FoodParc employees; the consumption of wine and beer at Plaza Tables shall be permitted by table service or by persons purchasing those products inside FoodParc;

No unenclosed portion of the Terrace and no Plaza tables shall be used later than midnight, Sunday through Wednesday nights, and 1:00 am, Thursday through Saturday nights. Moreover, the retractable roof shall be closed at midnight Sunday through Wednesday, and 1:00 am, Thursday through Saturday to accommodate late dining on the Terrace. Patrons shall not be permitted on any unenclosed portion of the Terrace after these hours.

c.       Be responsible for any use of promoters and at all times that an event or party is hosted or marketed by a third party (in whole or in part): the Applicant shall remain responsible for, and be in complete control of the Premises and its patrons;

d.       At all times when the Premises is being used for more than just Restaurant Use, maintain appropriate security personnel in and in front of the Premises at all times to (i) maintain order both inside and outside of the Premises; (ii) encourage patrons to enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use reasonable efforts to clear the area outside the Premises of all patrons immediately after closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

e.       Retain a qualified sound designer to survey the Premises and surrounding buildings to recommend the installation of a sound system and speakers to be used when the Terrace roof is both closed and retracted, and to operating the sound system in compliance with all applicable laws and ordinances governing same;

f.        At the Applicant's option, to have a live DJ playing music in the interior spaces only;

g.       Prohibit dancing at the Premises at all times, except in connection with private events;

h.       Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

i.        Discourage customers of the Premises from loitering outside the Premises at any time;

j.        Arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

k.       Reasonably comply with and adhere to the plans for the operation of the business, as set forth herein;

l.        Meet with neighbors and CB5. if requested upon reasonable notice, and shall, so long as same is not abused, and calls to said manager or owner are respectfully made, provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Applicant agreed to meet regularly with CB5, if requested to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, these agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, that Community Board Five recommends denial of a new on- premises liquor license for the ground floor restaurant located at 845 Avenue of the Americas and the second floor restaurant located at 839 Avenue of the Americas, New York, New York for CGM 835 AVE LLC, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

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