April 2011

WHEREAS, The application is for the legalization of the BSA special permit for a physical culture establishment for Soul Cycle, Inc, located at 12 East 18^th Street; and

WHEREAS, The applicant Soul Cycle is a reputable fitness and spinning establishment; and

WHEREAS, the establishment offers spinning classes; and

WHEREAS, the neighborhood will not be negatively impacted by the establishment; therefore be it

RESOLVED, that CB5 recommends approval for a legalization of a BSA special permit to operate a physical culture establishment called Soul Cycle at 12 East 18^th Street.

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

WHEREAS, O'Casey's is applying for a pop-up cafe at 22 East 41^st Street, between 5^th Avenue and Madison Avenue; and

WHEREAS, The pop-up cafe would be 24 ft long (3 parking spaces), and

WHEREAS, The applicant will use the same design and materials as those used for the pop-up cafe at Pearl Street that was constructed last year, and

WHEREAS, The hours of operation would be from 10am to 10pm every day, and

WHEREAS, Pop-up Cafes are open public seating areas for pedestrians, sponsored by a neighboring establishment, and

WHEREAS, No alcohol is allowed at Pop-up Cafés, and there is no table service; and

WHEREAS, Smoking is not allowed at Pop-up Cafes; and

WHEREAS, The restaurant will build a small platform that will bring the road bed level with the sidewalk, and will create a site with planters and furniture; and

WHEREAS, The Pop-up Cafe is seasonal.  The anticipated date of installation for any site is May 1st and they are only being permitted to operate for up to 5 ½ months (October 15th).  At the end of the season, the Pop-up will be removed and the occupied parking spaces will be restored; and

WHEREAS, Pop-up Cafes are being evaluated on a temporary, trial basis.  The initial term of the agreement with DOT for any Pop-up Café applicant will be for a period of two seasons; and

WHEREAS, After two seasons, the site and the program as a whole will be evaluated.  A recap of the program, including DOT's analysis and data collection, will be presented to the community board.  Any extension of the Pop-up beyond the two-season term would require a new approval/support letter from the board; and

WHEREAS, The applicant is responsible for constructing and maintaining the pop-up café; and

WHEREAS, Community Board Five believes that the proposed pop-up cafe is located on a block that is unique because it is not a thru-traffic block, and registers low vehicular and pedestrian traffic; and

WHEREAS, Community Board Five is not opposed to the proposed application, and recognizes the benefits of bringing seating space to the district but is concerned about numerous aspects of the pilot program, and wishes to examine them thoroughly. These aspects include:

Ø  a proliferation of pop-up cafes

Ø  encroachment of right of way and de facto zoning change

Ø  loss of metered parking revenue

Ø  loss of parking space

Ø  lack of inspection and enforcement of pop up cafes by DOT or other city agency

Ø  safety of pop-up cafe users vis a vis vehicular traffic

Ø  lack of unified design for pop-up cafes

Ø  negative impact on pedestrian flow of traffic

Ø  negative impact of vehicular traffic

Therefore be it RESOLVED, that Community Board Five recommends approval of the application for a pop-up cafe by O'Casey's at 22 East 41^st Street, b/t 5^th and Madison Avenues.

The above resolution passed by a vote of 19 in favor; 16 opposed; 1 abstaining.

WHEREAS, The application is for the legalization of the BSA special permit for physical culture establishment for Just Calm Down II, Inc, located at 30 West 18^th Street; and

WHEREAS, The applicant Just Calm Down is a reputable massage and spa establishment that used to operate a similar facility on West 22^nd street, within the boundaries of CB5; and

WHEREAS, The applicant has relocated its operation to another building and is requesting a BSA special permit for this new location; and

WHEREAS, The establishment will offer body treatments and beauty services, including massage, facials, manicures and waxing; and

WHEREAS, The neighborhood will not be negatively impacted by the establishment; therefore be it

RESOLVED, that CB5 recommends approval for a legalization of a BSA special permit to operate a physical culture establishment called Just Calm Down II, Inc, at 30 West 18^th Street.

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

WHEREAS, The applicant, One 29 Park, LLC d/b/a Asellina, located in the Gansevoort Hotel is applying for a revocable consent for an unenclosed sidewalk café at 420 Park Avenue South between 28^th & 29^th Streets; and

WHEREAS, The proposed sidewalk café would have 8 tables and 32 seats, leaving 8' ½'' feet for pedestrian traffic; and

WHEREAS, The hours of operation will be as follows:

- Sun: Noon to 10pm

- Mon-Wed: 8am to 10pm

- Thurs-Sat: 8am to 11pm

WHEREAS, The applicant will have no amplified sound at the cafe, and will prevent indoor noise from permeating into the street; therefore be it

RESOLVED, that Community Board Five recommends approval of the application from One 29 Park, LLC d/b/a Asellina for a revocable consent for an unenclosed sidewalk café at 420 Park Avenue South, bet. 28^th and 29^th Sts.

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

Over the years, Community Board Five's (CB5's) deliberations regarding large events (defined as events that include approximately 5,000 - 10,000 attendees and more) in and around Madison Square Park have been extremely contentious.  From post-parade events and the US Open simulcast event, to the Big Apple Bar BQ, the Board's resolutions and recommendations have been inconsistent and, therefore, confusing, very often with nothing more than philosophical differences as the basis for board members casting their votes.  Since 2004, not only have these recommendations often been in opposition to the previous year's position, but many of the votes have been close, with just over half the board voting one way and close to half voting another.  This raises serious questions about what can be done to deliver clearer messages, cogent analyses and intelligent recommendations regarding future applications for these types of events.

Some of the issues we have struggled with regarding these large events include:

• Size of event:When does an event outgrow its environment?Although we recognize the quality of some of these events, many have grown in popularity to the point where exponentially larger crowds are creating numerous practical and logistical problems.
• Impact on the park and surrounding area:What is the impact regarding noise, litter, property damage, security, etc.?What feedback can be provided by residents, the BID, the Conservancy, the businesses, etc?Does the set-up of an event raise a serious concern since it must be done in as quiet a manner as possible, so as to raise as little disturbance as possible for businesses and those living around the park?
• Pedestrian crossings/subway entrances/sidewalks:What is the impact of the addition of thousands of people on the sidewalks, pedestrian crossings and subway entrances?The corners of 23^rdand Broadway and 23^rdand Madison are dangerous intersections under "normal" circumstances.It has also been noted that crowd control is needed, particularly near the 23^rdand Broadway entrance, often due to this being a stage site.The MTA often has to be involved to provide additional crews to keep the 23^rdStreet Station clean during large events and to provide staff to help with directions.
• Traffic and Street Impact: How are surrounding streets affected vis-à-vis traffic and parking?Are buses required to be rerouted and bus stops and double parking monitored? If refrigerated trucks are used, what street can be used that will cause the least negative impact on the residents?
• Sanitation: Is there an unusual abundance of trash throughout the area due to these events and do they require extra collections?What can be done to make sure sanitation issues are properly dealt with and mitigated?What are the costs and benefits of any large event in the park?In some cases extensive power washing of sidewalks has been needed that involves over a day and a half of work (and cost) on the part of the Conservancy.
• Playground:Do the crowds in the playground exceed safety limits?Do security measures need to be implemented in order to ensure that the playground remains safe and properly supervised, especially for smaller children?
• Sound: How is amplified sound handled? Do applicants obtain the required permits, and is the area monitored for noise levels and duration, so as to create as little disturbance as possible for businesses and those living around the park?
• Simultaneous Events: Is there evidence that NYPD resources are available?If so, at what cost?
• Individual Sponsor Considerations:Are some events more size appropriate than others?Do some event organizers do a better job of handling the specific concerns associated with these larger events?Are some larger events less impactful because of the management and oversight employed by certain sponsoring entities?If so, how do we use that information to help all sponsors to do a better job while enjoying the use our public parks?

And there are other issues beyond the logistical and practical as well, including:

• The value to CB5 and the Community:Is the event open to the public?Does the community benefit from this event?Is it something that is supported by the residential community?Do the businesses in the surrounding area, the BID and the Conservancy support it or benefit from it?
• The value to CB5 and the City as a whole:Should special consideration be given to religious, cultural and ethnic groups, celebrating their heritage (from outside the CB5/Manhattan area)?What communities does the event represent?Is it representative of and good for our district?What positive qualities are represented?What is the tradition and success of the event?
• Quality and Popularity of Events: Does the event seem to be growing every year due to its popularity?Is there evidence of quality and success as to how the event is conducted in spite of growth?
• Working Relationship with Community, BID, Conservancy, Residents and Community Board:How successful has each of these events been in addressing concerns raised by any/all of these groups or in response to any questions?Has there been a continued constructive dialogue with the Board, the Conservancy, the BID, etc. in an effort to improve the event?
• Fundraising Component:What weight does this consideration carry in approvals/disapprovals? How does the overall commercial and financial benefit to the applicant compare to the benefit to the conservancy?
• Gathering of Information/Statistics: Do all post-parade events in Manhattan terminate with a street fair and/or is it required for the event to be deemed successful by the organizers?Do they all terminate at a park or at a large open venue?What changes have occurred in demographics around the park since the inception of the event?Does the applicant wish to hold the event in a larger or different venue?
• Purpose of the Park (Philosophical):What do we consider the role of public parks?Are they meant to be a place for large public gatherings?Are they primarily for respite and tranquility, etc.?How are the various roles that parks play balanced in an urban environment, particularly when different people see this issue very differently?
• Cost/Benefit Analysis:What are the problems that can be mitigated by better planning?Are there events and problems that people just have to learn to live with?When does an event become too much to properly handle?When is the overall burden on the community too high when compared to the benefits to the community?

Food for Thought Beyond the Issues Relating to Individual Events:

Additional, but important, questions also need to be answered: When we know that an event will be approved whether or not we recommend it, what should our role be?  Do we want to stand firm on those events we believe should be denied, or do we work to mitigate the specific disadvantages and problems on an issue by issue basis?  When, if ever, does saying "no" hurt our ability to reduce the negative impact of an event the board has serious concerns about?    What is the threshold for saying "no"?  What weight do we give to the "tradition" of an event?  When, if ever, is it appropriate for the board to recommend broad changes to an application such as a change in location or change of the overall footprint of an event?  What signal does (or can) our action really send?

Means to Accomplish CB5's Goal - Forming of Task Force:

The Community Board seeks long term, strategic and meaningful solutions to the issues surrounding large events.  To that end, in the next few months, a Task Force will be taking on the responsibility of working with the community, residents, businesses, the BID, and the Conservancy to seek feedback and collect information regarding the many large events that request the use of Madison Square Park and/or the surrounding area.  The Task Force will prepare a Report of findings and recommendations that will form the basis for creating guidelines to assist us in reaching consensus regarding these specific applications.

CB5 Action Based on Task Force Report:

We await completion of this Report by the Task Force, its acceptance by the Consents & Variances and Parks Committees as well as the Full Board. At that time, Community Board Five will weigh in on any applications we receive, including the Big Apple Barbecue, that request the use of Madison Square Park and/or the surrounding area for large events.

WHEREAS, Central Park Conservancy has issued a Project Advisory for Preliminary and Final Review which presents their proposed plans for the Reconstruction of the Cherry Hill Concourse, located on 72^nd Street, between Bethesda Terrace and West Drive, in Central Park; and

WHEREAS, Central Park Conservancy has provided a thoroughly detailed presentation of their proposed project to Community Board Five's Parks and Landmarks Committees; and

WHEREAS, In addition to the need to replace aging pavement, infrastructure and site furnishing, the proposed reconstruction aims to create a more pedestrian-oriented space and inviting destination, while evoking the historic character of the concourse and its connection to the landscape; and

WHEREAS, Cherry Hill Concourse was first constructed in 1859, in accordance with the designs of Olmsted and Vaux, initially serving as a horse-drawn carriage concourse, this was paved in compacted screened gravel on top of a rubble stone foundation; and

WHEREAS, A fountain for watering horses had been installed in 1871 and, shortly thereafter, a narrow landscape margin had been added in a section between the concourse and the pedestrian path, in which trees and shrubs were planted; and

WHEREAS, By 1934 the concourse had been paved with asphalt for usage as an automobile parking lot, and as a means of protection from vehicles, a raised platform was added around the fountain; and

WHEREAS, The current conditions of the Cherry Hill Concourse are resultant of the Parks Department's reconstruction projects dating from 1979 through the early 1980's, which included the restoration of the fountain and the removal of its function as a parking lot; and

WHEREAS, The 1980's reconstruction of the circular platform surrounding the fountain, included paving in brick and bluestone in an interlacing star, reminiscent of the Campidoglio Plaza in Rome, is not based on the designs of Olmsted and Vaux; and

WHEREAS, Also resultant of these earlier reconstruction projects, the area surrounding the fountain was repaved with asphalt and designated as a space for carriages, pedestrians, bicyclists, and special events, and the landscape margin between the asphalt and pedestrian path had been removed and replaced with a paved margin of brick and granite block, all paved areas were separated by curbs, and these decorative pavements and the various curbs that separate them call attention to the concourse itself and tend to frame and emphasize the asphalt roadbed; and

WHEREAS, The scope of work in the current proposed reconstruction project includes:

• Restoration of the historic geometry of the circle and the reduction of the number of curbs by removal of decorative pavement surrounding the fountain and the concourse;
• Re-pavement of the entire concourse with a resin cement aggregate pavement, which in addition to resembling the historic soft surface paving, will permit storm water to drain directly into the subsoil rather than being directed to storm sewers. Aggregate will be locally sourced, 3/8"granite gneiss;
• Retention of the raised area to protect fountain, and re-pavement with aggregate pavement. Definition of the fountain and concourse edge with a sloping bluestone granite curb. Reconstruction of pedestrian paths with asphalt, and access roads with aggregate pavement;
• Reconstruction of the utility infrastructure, including storm drainage, irrigation, and lighting;
• Installation of new site furnishings, including Central Park settee benches, accessible (DPR Type "E") drinking fountain, and new lighting. Creation of access to ledge rock on the hill to the east and recreation of the historic, rustic seating area;
• Restoration of the planting margin between the roadbed and park path around the greater part of the circle and add a new tree and shrub plantings. Enhancement of existing plantings on the hillside to the east of the circle. These horticultural improvements would increase the sense of enclosure by greenery, and will frame views of the Lake from the north end of the circle, where the plantings open up and the lawn slopes down to the shoreline; and

WHEREAS, The proposed project work would make great improvements upon the infrastructure and the aesthetics, as these plans take into account Olmsted &Vaux's original design by minimizing the non-landscape decorative elements; therefore, be it

RESOLVED, That Community Board Five recommends approval of Central Park Conservancy's proposal for the Reconstruction of the Cherry Hill Concourse in Central Park.

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

Dear Chair Tierney:

At the scheduled monthly meeting of Community Board Five on Thursday, April 14, 2011, the Board passed the following resolution :

WHEREAS, 21 East 26^th Street is a through-block, 5-story, neo-Classical, office and showroom building designed in 1924 by Treanor & Fatio Architects and located in the Madison Square North Historic District; and

WHEREAS, The site was once occupied by a taller building as evidenced by "shadows" located on the party wall; and

WHEREAS, The rooftop addition, clad in brick that matches the existing facade, will not be visible from the public way with two exceptions:  1) a code mandated safety railing and 2) a portion of a stairwell bulkhead that is only slightly visible when standing inside Madison Square Park and only when the trees are in leafless condition; and

WHEREAS, On the 26^th Street 3-bay, façade all the windows will be replaced to match the existing historic windows, the existing entry door in the east bay will be replaced with a new, historically appropriate door; and

WHEREAS, As part of an adaptive re-use, a new, historically appropriate entry will be created on the west bay; and

WHEREAS, The East 27th Street side of the building has a non-contributing utilitarian façade with louvered windows and a non-descript delivery door is proposed to be converted to storefront retail, and

WHEREAS, On the 27^h Street upper façade will be fully restored with the same historically replicated windows, and

WHEREAS, the applicant agreed to revise the modern plate-glass design storefront and to include mullions in an arrangement that are more appropriate to the historic façade and other storefronts in the District.

WHEREAS, retail tenants will file applications for any proposed signage or lighting, to be reviewed by CB 5, and

WHEREAS, the Application as presented is a vast improvement from the initial application; therefore, be it,

RESOLVED, That Community Board Five recommends approval of the Application to replace the cornice, rooftop additions and other building modifications at 21 East 26^th Street.

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

WHEREAS, 636 Avenue of the Americas, with facades on Avenue of the Americas (extending 68 feet) and West 19th Street (extending 152 feet), is a six-story neo-Renaissance store building, constructed in 1896 and designed by Buchman and Deisler and named the Alexander Building, after the person who acquired the building in 1897 for use as a shoe store; and

WHEREAS, 636 Avenue of the Americas is located within the Ladies Mile Historic District; and

WHEREAS, Although the ground floor of the building has been extensively altered, the upper levels retain much of the original detail, including pilasters creating bays, arched windows, and a narrow cornice on the Sixth Avenue façade and, on the more elaborate 19th Street façade, a large central section flanked by pavilions, bays, an arch on the third story flanked by masonry balconies, elaborate Renaissance-style window surrounds on the 4th and 5th floors, and a crowning cornice that continues the cornice on Sixth Avenue; and

WHEREAS, A fire escape was previously installed on the 19th Street façade over three bays, with a portion of the cornice removed at the uppermost level to facilitate the completion and use of the fire escape; and

WHEREAS, The owner is applying to remove the abandoned, non-original, non-ornamental fire escape, and to re-create the window openings where doors to the fire escape were inserted into the façade and restore the cornice where it was removed for fire escape access to the roof; and

WHEREAS, The existing door openings on the second through sixth floor façade will be infilled to restore the original window dimension using brick and limestone to match the original materials and profiles; and

WHEREAS, The materials for the windows will be high performance, thermally broken aluminum sash with insulated glazing and sightlines and profiles consistent with the existing; and

WHEREAS, The missing portion of the cornice will be replaced with a painted metal cornice to match the existing cornice, including ornamental details; and

WHEREAS, The owner proposes modifying the existing entrance and canopy to replace three narrow bays that now include freight doors ornamented in an Art Deco style inconsistent with the original and a sloping canvas awning that obscures the first tier of transom lights above the doors and the removal of non-original sconces framing this section; and

WHEREAS, The proposed entrance would widen the entrance to engage two of the three bays to restore the emphasis on the entrance rather than the freight handling and will include contemporary tempered glass doors and transoms with the upper transom lights restored to within their historic frames; and

WHEREAS, The owner proposes an awning of metal and glass in a contemporary design to provide protection and mark the entrance at the far eastern edge of the 19th Street portion of the building; therefore be it

RESOLVED, That Community Board Five recommends approval of the request to remove the fire escape and restore the cornice and windows that were altered due to the addition of the firescape; and, therefore be it

FURTHER RESOLVED, that Community Board Five recommends approval of the request to revise the entrance at the eastern edge of the building, including the proposed canopy, signage and entry.

 The above resolution passed in two parts as follows:

Part 1 - By a vote of 35 in favor, 1 opposed, 1 abstained

Part 2 - By a vote of 23 in favor, 13 opposed 

WHEREAS, The Plaza Hotel, 768 Fifth Avenue and 59th Street, is a Renaissance style "chateau" designed by the famed architect, Henry J. Hardenbergh,  built in 1905-07 and opened in 1907 with an addition designed by Warren and Wetmore, built in 1921; and

WHEREAS, According to the National Trust for Historic Preservation it is considered "the greatest hotel in the world" and it is an individual New York City Landmark and is listed on the National Register of Historic Places; and

WHEREAS, It is one of the most famous and historic hotels in the world, known for its architecture as well as for its history, host to historic events and woven into the fabric of New York's past; and

WHEREAS, The owner of the hotel and the owner of one of the residential penthouse condominium units have filed an Application to NYC Landmarks Preservation Commission for a Certificate of Appropriateness for proposed alterations to the exterior of the Hotel at the Penthouse level of the north façade, which will be reviewed by the full commission at a Public Hearing May 3, 2011; and

WHEREAS, The proposed alterations involve the following changes to the building's Penthouse level:

1. Penthouse level retractable awnings:  Although, according to historic photos, there were never awnings at the Penthouse level, the Applicant proposes to install retractable awnings with dark green fabric, which would be in an unopened position much of the time (Note: Historic photos show that there were awnings at a lower level of the Hotel that were vertically striped white and a dark color and that a skirt on the marquee in 1937 was vertically striped green and white, but such awnings at the Penthouse level would draw attention more than the proposed solid dark green which would blend into the facade); and

2. Proposed railing replacement and windows at Penthouse level:  Applicant proposes to replace four sections of the steel railing on the terrace with tempered glass (Note: Two sections of the steel railing have already been replaced with glass at an adjacent condominium unit. Applicant wants to replace the remaining four sections of aluminum with glass to unify the six sections of terrace railings and has already received approval by an LPC certificate of no effect.  Windows along the terrace would be lengthened by three feet, by removing the knee wall which would add more light and give better views from the apartment.  However, the lowest part of the glass would not be visible since it will be concealed by a concrete parapet wall); and

3. Replacement of sloped aluminum panels with windows:  Applicant proposes to replace existing upward sloping aluminum panel sections with glass panels with bronze mullions (Note: At an adjacent residential unit two solid aluminum panels have already been replaced with glass and Applicant wants to replace remaining four panels with glass). This change would provide harmony for all six panels; and

WHEREAS, Although most of the changes and alterations to the Penthouse level will not be visible from the street or Central Park, the additional glass may be the source of some "glare" or reflection of sunlight at a distance from the Hotel.  CB 5 considers such glare or reflections not significant enough in scope and effect to deny the Application; therefore, be it

RESOLVED, Community Board Five recommends approval of the Application for a Certificate of Appropriateness for proposed alterations at the north facade of the Penthouse level of The Plaza Hotel, 768 Fifth Avenue and 59th Street.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining: and 1 Present but Not Entitled to Vote.

WHEREAS, Tower 49 is a 44-story commercial building located on a through block lot between 48^th and 49^th Streets and Fifth and Madison Avenues; and

WHEREAS, In 1982 a building permit was issued on an as-of-right basis including bonus plazas and covered arcades facing both East 49^th and East 48^th Streets, increasing the allowable FAR from 12 to 13.  Upon discovery that neighboring buildings encroached on the plaza, a Special Permit was granted in 1984, reducing the size of the plaza and corresponding size of Tower 49 and requiring granite paving, lighting and creation of a pedestrian passageway through the building; and

WHEREAS, In 2004 the Applicant received a Chairperson's Certification to permit a café in the plaza fronting on East 48^th Street for (a) 3 years if improvements were made that included installation of 30 public chairs and 6 tables, trash receptacles, additional lighting and signage and the removal of a structure encroaching on the arcade, or (b) 1 year if the improvements were not made; and

WHEREAS, The Applicant (1) installed the tables and chairs but did not make the other improvements, (2) opened a café which operated for the summer of 2004, (3) was forced to suspend operation of the café and work on the improvements during 2005-2006 due to major construction on Tower 49, (4) was granted permission by the City Planning Commission to complete the improvements and operate the café through February 2007, and (5) having completed the improvements, was issued a three year renewal of the certification, which expired April 2010; and

WHEREAS, Although this is an application for a new three year permit, the Applicant, restaurant operator and improvements are the same as in prior years, and the Applicant has agreed to upgrade the quality of the public seating and install a stainless steel strip embedded in the granite pavers to delineate the café area from the public plaza and to prevent "café creep;" and

WHEREAS, The plaza is well maintained and the café is a popular amenity, and the representative of the Applicant agreed to meet the Committee's concern over lack of public rest facilities by asking his client to instruct the café staff to permit users of the public seating to have access to the café's bathrooms and the client has agreed to study this possibility; therefore be it

RESOLVED, That Community Board Five recommends approval of the application on behalf of Kato International LLC for a Chairperson's Certificate pursuant to Sections 37-624 and 37-73 of the Zoning Resolution for a permit for an open air café at 5-19 East 48th Street/8-18 East 49th Street.

The above resolution passed by a vote of 35 in favor, 0 opposed, 1 abstaining; and 1 Present Not Entitled to Vote.

WHEREAS, In 1978 a 36-story commercial office building, originally known as the AT&T Building, was constructed at 550 Madison Avenue, between East 55th and 56th Streets; it included a covered, arcaded pedestrian space and a 4-story annex; and

WHEREAS, The building, pedestrian space, and annex were originally constructed pursuant to a Special Permit under Sections 74-72 and 74-87 of the Zoning Resolution for height and setback modifications and a floor area bonus for providing a covered pedestrian space.  A second Special Permit was approved in 1984 that modified the covered pedestrian space and arcade regulations and as part of this agreement, the former owner of the building, AT&T, entered into a Declaration which among other things required the owner to operate, or cause to operate, a 3-level "science and/or communications exhibit space" on a portion of the top three levels of the Annex which they did, naming it AT&T Infoquest; and

WHEREAS, In 1991 Sony Corporation became the tenant of 550 Madison Avenue with options to purchase the property, which they did in 2001.  After becoming the long-term lessee, in 1992 Sony applied for and received approvals to enclose the pedestrian space, add 6,050 square feet of retail space with continuous frontage along Madison Avenue, and replace the AT&T Infoquest with Sony Wonder Technology Lab; and

WHEREAS, the Sony Wonder Technology Lab is an educational museum fully funded by Sony Corporation of America; and 

WHEREAS, the Restrictive Declaration specifies the hours of operation for Sony Wonder as Tuesday through Saturday, 10:00 am to 5:00 pm and on Sundays, 12 noon to 5:00 pm for a total of 40 hours, and further, it requires that Sony have at least 100,000 visitors per year; and

WHEREAS, Sony Corporation has applied to alter the Declaration to change the operating hours of Sony Wonder so to close completely on Sundays and extend the hours on Tuesday through Saturday to be 9:30 am to 5:30 pm, keeping the total hours still at 40 hours per week.  Sony Wonder states that this change will enable them to better serve the school and tour audiences while also giving the museum staff an additional day per week to repair and maintain the facility and its exhibits; and

WHEREAS, Sony Wonder management has said that changing the hours of operation will not result in layoffs or other changes in headcount and in terms of economic impact will be cost neutral; and

WHEREAS, In the years that Sony has owned and operated Sony Wonder it has made numerous improvements to the facility and its programming, including adding ADA- compliant restrooms, American Sign Language tours, new interactive exhibits, a high definition theatre, new signage, and new digital technologies and displays, and most recently, a $12 million upgrade in 2008; and

WHEREAS, In 2009 184,776 visitors came to Sony Wonder and although this included visitors of all ages, the museum primarily targets families and school children.  As such, Sony Wonder has developed a close and effective working relationship with the NYC Board of Education and does outreach with other educational entities which has resulted in a notable rise in group tours by children both during the school day and in after school programs; and

WHEREAS, Sony Wonder also markets to tourists and local residents using advertising and public relations and outreach to area hotel concierges.  On weekends the visitors to the museum are both local residents and foreign tourists, including families and adults and while the average number of visitors per hour is as much as 30% less on Sundays than during the week, there are no school or camp tours on Sundays which skews the traffic statistics; and

WHEREAS, It is believed that a different segment of the community, including families that cannot attend the museum on weekdays or Saturdays for religious or job reasons, only have Sunday as an option for attendance; and

WHEREAS, Sony Wonder is a highly popular and successful public amenity and with its free admittance, a particularly appealing option for community families, thus serving as ongoing compensation for the significant height and setback modifications, floor area bonuses, 6,060 square feet of retail space on prime Madison Avenue, and restrictions on the use of the pedestrian plaza, from which Sony Corporation continues to benefit; and

WHEREAS, While Community Board Five endorses the success Sony Wonder has had in becoming a popular and engaging amenity and teaching tool for New York City schoolchildren, it believes it should continue to do so without short-changing other segments of the community who want to benefit from the museum and can only do so on Sundays; therefore be it

RESOLVED, That Community Board Five recommends denial of the application of Sony Corporation of America to change the schedule of operation of the SONY Wonder Technology Lab, located at 550 Madison Avenue.

The above resolution passed by a vote of 30 in favor, 4 opposed, 1 abstaining; and 2 Present but Not Entitled to Vote.

WHEREAS, Beat the Streets Wrestling has applied to conduct a wrestling competition in Father Duffy Square on Thursday, May 5, from 3-7pm; and

WHEREAS, Beat the Streets Wrestling (BTSW) is a not-for-profit organization created to expand and develop wrestling in the New York City Metropolitan area from the youth through the Olympic level; and

WHEREAS, Beat the Streets Wrestling operates in 80 High Schools and 60 middle schools in the New York City area and works directly with the New York City Department of Education in a public-private partnership to help New York City's student athletes achieve their athletic and personal goals; and

WHEREAS, The goal of BTSW is fostering strong, dedicated and optimistic kids through tutoring, after school programs mentoring and coaching; and

WHEREAS, The proposed event will involve conducting a World Class Wrestling competition between the National Teams of the USA and Russia beginning at 5:30 PM ; and .

WHEREAS, The proposed event is being conducted as part of the BTSW annual gala, which will be held following the completion at the Hard Rock Cafe, and

WHEREAS, Prior to the featured match at 5:30 PM, there will be a number of exhibition matches featuring wrestlers from the Beat the Streets Program; and

WHEREAS, The event is open to the public although seating on the risers on the East and South ends of the platform will be reserved for guests of the gala and VIPs, the public will be able to view the event from the large steps covering the TKTS building and from the plaza on the West Side of the platform, and

WHEREAS, Set-up will begin at 9 AM and consists of a placement of a 40'x40' mat on a platform, 8' of risers, benches on two sides of the platform and chairs around the platform  creating a 64' x 64' footprint with breakdown and cleanup  beginning at 8 PM; and

WHEREAS, There will be amplified sound with 1-4 PA speakers for which applicant has applied for a police permit; and

WHEREAS, BTSW has collaborated with almost two dozen world and Olympic champions in camps, lectures, and fundraising events over the past few years and partners with the Mayor's office, the public School Athletic League and others; and

WHEREAS, The proposed event is non-commercial in nature, entertaining and positively impacts the youth of our city; therefore, be it

RESOLVED, That Community Board Five recommends approval of Beat the Street application to conduct a wrestling competition in Father Duffy Square on Thursday, May 5, 2011.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.