September 2010

WHEREAS, Bamboo Garden Spa is an existing physical culture establishment offering as per the application "Asian, Swedish & Shiatsu Massage;" and

WHEREAS, The premises is on the basement, ground floor and mezzanine of a seventeenth-story office building and contains 4241 square feet of floor area.  The spa has eleven (11) rooms for massage therapy, one shower room, one steam room, and one table shower (exfoliation) room, as well as an employee break room, waiting and reception areas, and a storage/laundry room.; and

WHEREAS, The spa's hours of operation are from 10:00 am to 1:00 am, seven days a week; and

WHEREAS, The application states that approximately nine employees will be employed by the spa, including three licensed massage therapists, one manager, receptionist, cleaners; and

WHEREAS, Four young heavily made up women observed working on the premises at the time of the site visit could not be identified by the management but were described only as "students" and/or "friends;" and management could not provide any elaboration regarding how many "students" and/or "friends" were present on the premises at the time of the site visit, or work there from time to time; and

WHEREAS, Paid advertising for the said premises can be found on the website www.adulteroticmassage.com, a website that lists establishments providing erotic massages in NYC; and

WHEREAS, Two of the three therapists whose licenses are attached to the application filed by the applicant are no longer registered massage therapists with the State of New York; and

WHEREAS, Bamboo Garden Principal also operates Garden Retreat Spa located in CB5 district, a Physical Culture Establishment which application was denied by CB5 in July 2008 for concerns about their method of operation; and

WHEREAS, Community Board Five is gravely concerned with the method of operation for Bamboo Garden Spa; therefore, be it

RESOLVED, Community Board Five recommends denial of the application to legalize the existing Physical Culture Establishment at 224 West 35^th Street; and be it further

RESOLVED, That Community Board Five urges the Department of Investigation for the Board of Standards and Appeals to thoroughly investigate the exact nature of the services proposed by the establishment, and the presence of numerous unlicensed employees in the premises.

The above resolution passed by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant wants to organize a block party on Saturday, October 2^nd , 2010, and

WHEREAS, The proposed event would have 1000 expected visitors throughout the day, and

WHEREAS, Set up would start at 8am, and break down would be completed by 7pm, and

WHEREAS, The proposed event would have 8 food vendors, and 50 to 60 vendors, portable generators, and

WHEREAS, Community Board 5 is unfairly burdened with street closures for street activity permits, parades, film permits and other such events, and is opposed to street closures for any new block party or street festival, therefore be it

RESOLVED, That Community Board Five recommends denial of the block party for Midtown South Explorers Club, application to hold a block party on West 35th Street between 7th & 8th Avenues, November 13th, 2010.

The above resolution passed by a vote of 36 in favor; 2 opposed; 5 abstaining.

WHEREAS, The applicant is proposing a newsstand in front of 766 6th Avenue, between 25th & 26th Streets; and

WHEREAS, The proposed newsstand footprint is 6'-00'' X 12'-00, which would leave 10 feet for pedestrian traffic; and

WHEREAS, The proposed site registers medium to heavy pedestrian traffic, and

WHEREAS, To mitigate negative impact, at the request of Community Board Five, the applicant has agreed to reduce the footprint of his proposed newsstand to a width not to exceed 4 feet, therefore be it

RESOLVED, That Community Board Five recommends approval of the application to install a newsstand in front of 766 6th Avenue, between 25th & 26th Streets

The above resolution passed by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed newsstand would be located on a site that registers heavy pedestrian traffic, and

WHEREAS, The block of the proposed site is to receive a hotel at the site of the former Donnell Library, as well as a 75 stories Jean Nouvel designed tower, and both projects would generate an exponential increase in pedestrian traffic, and

WHEREAS, The proposed newsstand would have an adverse impact on pedestrian traffic in an area that is already extremely congested, and

WHEREAS, In September 2007, Community Board Five recommended denial of an application for a newsstand and the S/W/C of West 53^rd Street and Avenue of the Americas in part because of its adverse impact on the pedestrian traffic; and

WHEREAS, The November 2007, Community Board Five recommended denial of an application for a newsstand at the S/E/C  of West 53^rd Street and Avenue of the Americas, because of its adverse impact on pedestrian traffic; therefore be it

RESOLVED,  That Community Board Five recommends denial of the application for a newsstand in front of 20 West 53^rd Street. and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the North East Corner of 5th Avenue and 58th Street; and

WHEREAS, CB5 takes its role seriously, and the applicant failed to appear at a regularly scheduled meeting and failed to address questions and concerns CB5 had about the application; and

WHEREAS, The proposed location has been denied by DCA & DOT in 2008, and

WHEREAS, CB5 has a moratorium for street furniture at the site of the proposed newsstand, and

WHEREAS, The intersection is one of the most congested with pedestrian traffic in New York City, and

WHEREAS, The 5th Avenue Association BID has conducted a pedestrian traffic study of the area showing severe traffic congestion, and

WHEREAS, A newsstand at the proposed site would have an extremely negative impact on pedestrian traffic, thus creating an unsafe condition, and

WHEREAS, There are no newsstands on 5th Avenue between 25th Street and 82nd Street), and

WHEREAS, A newsstand would set an unfortunate precedent and would create visual clutter on the prestigious Avenue, and

WHEREAS, The New York City Art Commission has rejected newsstands proposed for the Fifth Avenue Special District stating, "The Commission notes that the zoned, Fifth Avenue Special Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands, will severely detract from its attractiveness and effectiveness." therefore be it

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, Community Board 5 recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) 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 the NEC of 5th Avenue and East 58th Street; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the North East Corner (NEC) of West 44th Street & Broadway; and

WHEREAS, CB5 takes its role seriously, and the applicant failed to appear at a regularly scheduled meeting and failed to address questions and concerns CB5 had about the application; and

WHEREAS, The proposed location has been denied by DCA & DOT in 2003, and

WHEREAS, CB5 has a moratorium for new street furniture at the site of the proposed newsstand, and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already acutely heavy, and add to congestion and create an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) 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 the NEC West 44th Street & Broadway; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the South East Corner (SEC) 6th Avenue and West 38th Street; and

WHEREAS, CB5 takes its role seriously, and the applicant failed to appear at a regularly scheduled meeting and failed to address questions and concerns CB5 had about the application; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already heavy, and add to congestion and create an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) 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 the SEC 6th Avenue & 38th Street; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, Set up would start at 8am, and break down would be completed by 7pm, and

WHEREAS, The proposed event would have 1000 expected visitors throughout the day, and

WHEREAS, The proposed event would have 8 food vendors, and 50 to 60 vendors, portable generators, and

WHEREAS, Community Board Five is unfairly burdened with street closures for street activity permits, parades, film permits and other such events, and is opposed to street closures for any new block party or street festival, therefore be it

RESOLVED, That Community Board Five recommends denial of the block party for St. Francis Food Pantries & Shelters, application to hold a block party on West 33rd Street between 6th & 7th Avenues, November 13th, 2010.

The above resolution passed  by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, According to The New York City Landmarks Preservation Commission's February 3, 1981 Designation Report:

"This handsome, meticulously detailed town house was built in 1897-99 for Dr. Moses Allen Starr, one of America's leading neurologists. Design in the neo-Renaissance style using principals of Beaux Arts composition by the noted architect Robert H. Robertson, the building is a distinguished example of the elegant residential architecture that once characterized the West Fifties between Fifth and Sixth Avenues and is one of an ensemble of five town houses on West 54^th Street."; and

WHEREAS, Unlike most of the remaining town houses found in the West Fifties, 5 West 54^th Street has not ever been altered to accommodate commercial retail usage, a post-World War I trend, and having been spared such usage, its masonry façade details have been preserved and maintained in pristine condition; and

WHEREAS, The two flagpoles that that are located between the second and third floors were installed after the building had been designated as an individual landmark at an indefinite date in either the late 1980's or the early 1990's; and

WHEREAS, Several of the adjacent landmark buildings do have existing flagpoles and banners, however because the two flagpoles at 5 West 54^th Street were installed without the prior consent from the New York City Landmarks Preservation Commission, these are deemed as a violation of the buildings landmark status; and

WHEREAS, There is a possibility that removal of the flagpoles that have penetrated the façade masonry for approximately two decades would damage the historic building fabric in a way that may be challenging to repair; and

WHEREAS, The scale of the flagpoles and banners seems small and innocuous, and do not negatively obscure details of the masonry façade; therefore, be it

RESOLVED, That although we would have preferred that the building owners would have sought the Landmarks Preservation Commission's permission prior to performing work on the designated landmark, Community Board Five recommends approval of the application to legalize two flagpoles that have been installed in the façade of 5 West 54^th Street.

The above resolution passed  by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, the building dates back to 1906 when it contained a well-known shoe store, Cannmeyer's, which the current owner recognized by re-naming the condominium/rental residential portion of the building "The Cannmeyer"; and

WHEREAS, the Applicant is requesting to install 3 large banners (4' X 12' 5") to direct customers to the store which is being relocated from the Avenue to the side street, for economic reasons, according to the Applicant; and

WHEREAS, the Applicant asserts that this type of retail activity provides an important service for the community, but the location does not have the visibility on the side street that it had on the Avenue; and 

WHEREAS, LPC policy specifies that only bracket signs are to be placed on buildings in this Historic District to maximize the visual impact of the architectural features of the facades; and

WHEREAS, LPC has made some exceptions to this policy including banners which were approved for the Limelight Marketplace directly across the street from the Applicant's premises; and

WHEREAS, the proliferation of banners for retail and other establishments is deemed to have a negative visual impact despite retailers' claims of economic need to attract customers in this manner; therefore, be it

RESOLVED, Community Board Five recommends denial of the Application for installation of three banners at 50 West 20th Street (between 5th Avenue and Avenue of the Americas) in the Ladies' Mile Historic District

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, the NYC Planning Commission subsequently included the Building in the Grand Central Zoning Subdistrict ("GCZS"); and

WHEREAS, the ownership of the Building was transferred to a condominium, splitting the ownership into different segments, namely the office tower portion (owned by an entity controlled by S.L. Green, which also owns the Building's unused development rights and is the Applicant), the banking hall (the "Interior Landmark") and the adjacent office space above it (all owned by the Cipriani interests, with the Interior Landmark operated as a catering and event space), and the garage portion of the Building; and

WHEREAS, the Interior Landmark was designed in the Italian Romanesque style by the distinguished architectural firm, York and Sawyer, and is a vast basilica-like banking hall (65 feet high, 80 feet wide, and 197 feet, 6 inches long), with a plaster ceiling designed in imitation of wood beams, and is decorated with a variety of marbles, sandstone, and limestone, and an intricate marble cosmati; and

WHEREAS, in 2008, the Landmark Preservation Commission ("LPC") authorized the Applicant to transfer up to 112,000 square feet of unused development rights to a receiving site in the GCZS which is also controlled by the Applicant; and

WHEREAS, at the time of the LPC authorization to the transfer of the development rights there were reported violations relating to the Interior Landmark which the Applicant agreed to take full financial responsibility for; and

WHEREAS, Community Board Five's approval of the transfer of the development rights in November 2008 was conditioned upon the Applicant assuming the full financial responsibility to legalize the alterations to the Interior Landmark, and this is the application to the LPC to legalize such alterations to cure the several outstanding violations; and

WHEREAS, the Applicant will undertake the following with regard to the Interior Landmark in order to legalize the outstanding violations:

                        •           request LPC to permit two non-compliant removable door surrounds at the restrooms on the south end of the Interior Landmark, which are faux painted to match the surrounding masonry walls and used as conduits to carry electrical wiring away from the door thresholds;

                        •           request LPC to permit the non-compliant removable lighting booth at the southwest corner of the Interior Landmark which is faux finished to match the surrounding masonry walls;

                        •           reconstruct the non-compliant removable sound booth at the northeast corner of the Interior Landmark which will be faux finished to match the surrounding masonry walls, extended to meet the floor, and pulled away from the stairs and the bronze panel at the northeast corner of the sound booth; and

                        •           remove the non-compliant end caps from the altered teller cages and install new flat bronze end panels; and

WHEREAS, the specified permissions and alterations are appropriate and will legalize the outstanding violations to the Interior Landmark and will permit its continued use as a catering and event space; therefore, be it

RESOLVED, Community Board 5 recommends approval of the application to legalize the outstanding violations to the Interior Landmark at 110 East 42^nd Street.

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining, 1 present but not entitled to vote.

WHEREAS, City Center is located one block south of Carnegie Hall and is especially known as a performing home for several major dance companies as well as the Encores! series and most recently the Fall for Dance Festival, and two smaller theatres, four studios and a 12-story office tower; and

WHEREAS, City Center, with an exterior landmarked in the '70s as part of saving the building (originally constructed in 1923, known as Mecca Temple, for the Shriners when they were required to move from Carnegie Hall), a theatrical venue with a main hall of almost 3,000 seats and 2 smaller stages of approximately 300 and 150 seats;, and  

WHEREAS, the major theatrical designation of the building (although it was used occasionally for various performances in previous years) dates from its designation as City Center in 1943, and it is the 1943 details in lighting, signage, and marquee that are the main focus of the Application; and

WHEREAS, City Center is the rare major venue that is not on an avenue or major cross street, making it difficult to see on approach and therefore not well known by the general public; and 

WHEREAS, over the decades changes were made by removing signage, removing entry canopies (replaced in the mid-90s) and lighting, at the same time, many of the architectural details that are the hallmark of the building, specifically the neo-Moorish details of the façade, remain intact; and

WHEREAS, the Application is focused on correcting three main areas - visibility, signage, and lighting, the principal elements of which are:

Marquee  - combination of glass and bronze (replacing the existing separate canopied entries), similar to the recently LPC-approved marquee for Carnegie Hall, with the use of glass to permit better visibility of the ornate, elaborate facade elements, plus signage for identification of the building as New York City Center for taxi drop off and other purposes; 

Signage -  two new large vertical signs at either end of the building to provide visibility from the avenue corners, but interpreted in a more modern style than predecessor vertical signs dating back to 1923, also shown in 1950/1960 photographs; hanging signs under the marquee to replace the signs which are on the current canopies; 

Flag Poles - The proposal does away with the existing flag poles and flag pole locations in order to make the new marquee more consonant in appearance and adds tile matching the original tilework to replace the façade area vacated by the removal of the flag poles;

Mezzanine Lobby Windows (seen on the façade) - restoration and repair of 12 casement windows directly above the lobby which are in disrepair;

Theatre Entry Doors - The arched doors installed in previous renovation will be removed and replaced with traditional bronze clad doors  a closer approximation of the original in design and materials;

Lighting Plan - The facade (a Moorish tile "alfiz" with a large semicircular arch) will be illuminated with flood lights located within the Marquee and new downlights will be installed for improved sidewalk illumination; and

WHEREAS, the proposal maintains the integrity and details of the façade of City Center and is considered esthetically appropriate while correcting the efforts made piecemeal over the years to update the building without a cohesive plan; therefore, be it

RESOLVED, Community Board Five recommends approval of the Application of NY City Center, 131 West 55th Street, for Replacement of Windows and Doors and Installation of a new Marquee and other changes and modifications.

The above resolution passed  by a vote of 38 in favor; 0 opposed; 1 abstaining, 1 present but not entitled to vote.

WHEREAS, 149 5^th Avenue (with street frontage on 21^st) Street) is a 16 story retail store and loft building, built in 1918, located in the Ladies' Mile Historic District, and

WHEREAS, the property owner is applying for approval of modifications for the service elevator windows and doors which are visible on the facade of the building, and

WHEREAS, the center of the 21^st street elevation has a bank of three freight elevators, and,

WHEREAS, one elevator will be abandoned and two remaining freight elevators will be replaced, which will bring the building in compliance with current building safety and fire codes which were approved by the City in December 2009, and,

WHEREAS, this application includes:

 - Installation of 5/8 in. diameter bars to be placed on the exterior of all shaft way windows up to the 10^th floor (the height of a fire ladder)

- retaining one historic, raised panel, vertically sliding doors

- replacing two historic doors with modern, fire-proof flat panel steel doors replacing the existing sheet metal wood doors, and

WHEREAS, a variance to the building code requires the applicant to demonstrate "hardship," and

WHEREAS, the applicant has agreed to have the two new steel doors finished with a trompe l'oeil painting that mimics the panel design, color and texture of the one existing (remaining) historic door; therefore be it,

RESOLVED, that Community Board Five recommends approval of the application to modify the freight elevator windows and doors at 149 5^th Avenue in accordance with the proposal presented to CB 5 with the provision that the new steel flat panel doors be finished with trompe l'oeil painting that mimics the appearance of the one remaining original door.

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, the Central Park Conservancy provides a brief description of the Loeb Boathouse and its history on its Official Website:

 "Boating on the Lake has been a popular pastime from the Park's earliest days. Six rustic landings originally dotted the water's edge, and a number of shack-like buildings served as boathouses. Passengers could hire rowboats, gondolas and even multi-seat water buses for ten cents a ride. 

As interest in rowing grew, the Lake needed a proper boathouse. In 1874, Park architect Calvert Vaux designed a formal building on the eastern shoreline to provide covered space for docking and storage. With its charming Victorian touches, the building also featured a second-story terrace that afforded beautiful views of the Ramble. A popular draw for more than 80 years, the boathouse fell into disrepair by 1950 and was soon torn down. 

 
The iconic Loeb Boathouse that New Yorkers and visitors know so well today opened at the Lake's northeastern tip in 1954, financed by philanthropist Carl M. Loeb. From beneath the green patina of the boathouse's copper roof, visitors can rent rowboats and bikes; hire an authentic Venetian gondola; or dine overlooking seasonal views of the Lake at the Loeb Central Park Boathouse Restaurant.

WHEREAS, the concessionaire for the Loeb Boathouse (which includes the restaurant/bar, boat rental and bicycle rental activities), Dean J. Poll, is proposing to replace the bar pavilion, boat shed and patio/deck; the bar pavilion will be located closer to the restaurant and oriented to open up views of the lake, be ADA compliant, offer 117 square feet of new planting and four trees, and

WHEREAS, the proposed bar pavilion is designed to be open with white painted metal columns and glass paneled roof with copper cap and gutters; the bar will have wood paneling with a concrete counter top, and

WHEREAS, the existing bar pavilion and boat rental shed is not historic, dating back only 20 years before designation, nor deemed architecturally significant, and

WHEREAS, the materials are deemed appropriate and would blend with the adjacent boathouse restaurant; there is no significant design reference to other contextual structures in the park, and

WHEREAS, the existing bar pavilion is 444 sq. ft., seats 12 persons at the bar, 92 persons at outdoor tables with chairs, has 2,296 sq. ft of patio/deck; the proposed bar pavilion is 456 sq. ft., 12 sq. ft. larger, and seats 30 persons at the bar (an increase of 18 persons), 92 persons at outdoor tables with chairs (no change), and 2,455 sq. ft of patio/deck, (an increase of 159 sq. ft. patio/deck), and

WHEREAS, the proposed deck is in a bow shape, cantilevered over the water, using the existing piers and footings, approximately 7'-9" x 59', which will increase the footprint over the lake by 278 sq. ft., and it is being raised to one level omitting two steps to the water's edge, and

WHEREAS, the existing boat rental shed is 46 sq. ft. and the proposed boat rental shed is 124 sq. ft, (78 sq. ft. larger), which in addition to providing storage and a boat rental window will house services for the bar such as sink, dishwasher, icemaker and refrigerator, and the proposed shed will extend 7' x 8', increasing the footprint over the lake 56 sq. ft.; and

WHEREAS, the proposed boat rental shed will be elongated and oriented perpendicular to the Lake to maximize the vistas of the Lake; and

WHEREAS, the proposed changes:

1.        Have been the subject of renegotiations of a sole source contract, in mid-contract, for the past two years between the Concessionaire and the Parks Department and Central Parks Conservancy;
2.        Will allow the Conservancy to complete renovations along the perimeter of the Central Park Lake;
3.        Are expected to exceed a capital improvement with an estimated cost of $1.5 million, all to be paid for by the Concessionaire;
4.        Will become the property of  the City upon completion;
5.        Are expected to increase revenues for the City's General Fund since the current concession's remunerations to the Fund are already above the "base" rent and the changes to the Boathouse will increase capacity and, therefore, revenues further;
6.        Will open vistas currently blocked by obsolete, unattractive buildings which are being redesigned and/or relocated;
7.        Will allow for the Lake to be visible beneath the new cantilevered deck which will not require any pilings or new construction in the lake itself;
8.        Will only increase the seating at the bar by 18 seats;
9.        Have the full support of the Parks Department whose Commissioner signed the LPC Application for the Certificate of Appropriateness; therefore, be it

RESOLVED, that, although the Community Board Five is concerned about increased footprint of the accessory building and patio/deck over the lake, which gives additional public space to the concessionaire, it considers the design an attractive improvement over what  currently exists and recommends approval of the Certificate of Appropriateness application for the Loeb Boathouse, Central Park for the outdoor bar pavilion, accessory building and patio/deck with the understanding that the NYC Department of Parks  and Recreation will provide justification to the LPC that it is in the public interest, that the concessionaire is being given  permission by the Parks Department for 1) the increased footprint over the lake and 2) the greatly enlarged Boat Rental shed; and therefore, be it further

RESOLVED, Community Board Five strongly opposes any further encroachment of Public Space in Central Park (if the application is approved by LPC) for private or commercial use, even though CB 5 recognizes the Boathouse Café, which will have an enlarged deck extending over the lake, and the greatly enlarged Boat Rental shed facility as important public amenities requiring major renovations and modernization.

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

WHEREAS, the Long Island Rail Road (LIRR) is completing its new East Side Access Station below the existing terminal which, when completed. will offer a total of 75 tracks and 48 platforms, providing new passenger service to the East Side of Manhattan; and

WHEREAS, a new Concourse for the LIRR Station has been constructed in mainly disused spaces, infrastructure areas and support spaces of the MTA; and

WHEREAS, The MTA and LIRR have submitted a proposal for interior construction and reconfiguration to the floor area of the lower (dining) Concourse below the West "Grand Staircase" in the area known as one of  the two "Pullman Car" dining areas; and

WHEREAS, Approximately one half of the west seating area (25 ft. X 45 ft.) of the "Pullman" dining area constructed in the 1990's will be displaced by the construction of one down and one up escalator plus a public stairway to serve as a connection to the new LIRR East Side Terminal concourse which has been constructed under Vanderbilt Ave. and Park Ave.; and 

WHEREAS, The construction of the new terminal has been an ongoing project of the MTA/LIRR since the 1960's and is meant to help ease congestion at the LIRR terminal at Penn Station and to help commuters from Long Island to reach the eastside of Manhattan; and

WHEREAS, This will serve as the only entrance directly from the new LIRR concourse into Grand Central proper. Other entrances and exits to the new LIRR concourse will be directly to street level at various locations from 44th to  48^th Streets, exact number is as yet to be determined; and

WHEREAS, The demolition of the floor area of the lower dining concourse does not involve removal of historic or significant architectural detail from the Landmarked Grand Central Terminal, and any historical material found will be preserved; and

WHEREAS, All new construction of escalator design, hand railings, flooring, etc. will match preexisting details in Grand Central Terminal; therefore, be it

RESOLVED, Community Board Five approves the application by the MTA/LIRR to construct a connection between the lower "Pullman" dining concourse and to the new LIRR concourse below it at Grand Central Terminal.

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, Four members of the association will erect two small stand-alone poles and bases at a distance of 12 feet apart, upon which they will demonstrate the various rigorous "workouts" possible on a such a device; and

WHEREAS, A stand-alone banner will be erected behind the two pole dance stations stating that this is a American Pole Fitness Association event; and

WHEREAS, Music for the performers would be provided by an ipod connected to speakers powered by a generator and there will be no additional sound; and

WHEREAS, Literature about the organization would be distributed to interested parties, and no gym nor commercial enterprise will be advertised in these handouts; and

WHEREAS, The proposed event would not require a large amount of space, is brief in duration, and may offer some public benefit; therefore, be it

RESOLVED, That Community Board Five recommends approval of American Pole Fitness Association application to conduct a demonstration showcasing pole fitness gymnastics techniques in Union Square Park on Thursday October 7, 2010.

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant was invited, yet failed to attend Community Board Five's Parks Committee meeting on Monday August 30, 2010 to present their proposal for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by Alt Terrain to conduct a special event to promote a new celebrity fragrance in Horace Greeley Square on Tuesday November 16, 2010.

The above resolution passed  by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, Twenty-four million Americans may have chronic obstructive pulmonary disease (COPD) but half (12 million) don't know it; and 

WHEREAS, Drive4COPD, a multi-year public health initiative, aims to find these "missing millions" of people who may be at risk for the disease, America's fourth leading cause of death; and

WHEREAS, this event will involve having a small team of people asking those age 35 and over five brief questions about their lung health and encouraging them to talk to their doctors. In addition, former pro football player Michael Strahan, a DRIVE4COPD ambassador, will be signing autographs and speaking to fans in the pedestrian plaza on Broadway btw 43rd and 44th to raise awareness about COPD.

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, there will be no sponsor signage and the only signage will be a combination of 3 Drive4COPD branded explosion and kinetic flag systems to catch people's attention; and

WHEREAS, the proposed event requires a small foot print, and is non-commercial and predominantly a public service event; therefore, be it

RESOLVED, That Community Board Five recommends approval of Drive4COPD's application to conduct a special event to raise awareness of chronic obstructive pulmonary disease in Father Duffy Square on Thursday November 4^th, 2010.

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, Improv Everywhere has submitted an application to conduct an interactive participatory "Mp3 Experiment" on the lawn in Bryant Park, on Saturday October 2, 2010, from 6:00 PM until 7:00 PM; and

WHEREAS, Improv Everywhere, a performance art production company, will place an Mp3 audio file on the internet which can be downloaded for free from their web site that would enable one to participate in the proposed Mp3 Experiment; and

WHEREAS, The experimental project, which will be videotaped and photographed non-professionally, will consist of interactive movement by the participants, who will be guided by listening to the Improv Everywhere Mp3 file that they have downloaded; and

WHEREAS, When this was conducted last year, this event attracted approximately 2,000 participants; and

WHEREAS, Improv Everywhere would have sufficient liability insurance in place, and The Mp3 Experiment will provide a unique and safe way for participants to engage in an outdoor performance art event, the total duration of which will be at most an hour; therefore, be it

RESOLVED, That Community Board Five recommends approval of Improv Everywhere's application to conduct an interactive participatory The Mp3 Experiment in Bryant Park on Saturday October 2, 2010.

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed event would require the set-up of a 12'x16' screen, a small generator, two speakers, minimal signage on free-standing easels including the cover of the DVD, the Revolution Books logo, and an image of Bob Avakian; and

WHEREAS, Revolution Books would bring eighty to ninety chairs for viewers; and

WHEREAS, Revolution Books would apply for an amplified sound permit with NYPD; and

WHEREAS, The proposed special event would be free and open to the public; and

WHEREAS, Union Square Park has a long history of being a space where people commune, talk, and demonstrate, and although we strongly support and encourage these traditional activities, we are concerned that the addition of eighty to ninety chairs would negatively impact the already heavily trafficked and congested South Plaza; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by Revolution Books to conduct the special event in Union Square Park on Tuesday September 28, 2010 unless the screening of the film is conducted in the North Plaza.

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant was invited, yet failed to attend Community Board Five's Parks Committee meeting on Monday August 30, 2010 to present their proposal for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by TH Outdoor & Events LLC to conduct a special event to promote the new ABC television series "No Ordinary Family" in Father Duffy Square on Tuesday September 28, 2010.

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, the Premises consists of approximately 2,700 square feet on the ground floor of useable public space, and an additional 1,000 square feet to be used only for kitchen, offices, and storage; and

WHEREAS, the Premises will be operated exclusively as a restaurant, with a total of approximately 30 tables, 105 seats, and 15 bar stools, with a full kitchen; and

WHEREAS, the total capacity of the Premises is 130; and

WHEREAS, the Premises includes 1 patron bar and no service bars;

WHEREAS, Applicant shall:

1.      agree to keep the establishment exclusively as a restaurant, with hours of operation Monday through Thursday from 12pm to 11pm, Friday and Saturday from 12pm to 12am, and Sunday from 11:30am to 10pm;

2.      not apply for a cabaret license or a sidewalk cafe;

3.      not hire outside promoters;

4.      not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only; 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 Mark Stern 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 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 the application by PRANDIAL LLC for a new on-premises liquor license for the ground floor restaurant located at 31 West 21^st 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 41 in favor; 0 opposed; 1 abstaining.

WHEREAS, the Premises consists of approximately 3000 square feet of indoor space on the ground floor, which includes a mezzanine area of approximately 150 square feet; with basement used only for storage and offices; and

WHEREAS, the Premises includes no outdoor space; and

WHEREAS, the Premises is operated exclusively as a bar/cocktail lounge and corporate/private event space, with partial kitchen for offering light food service; with a total of 75 seats and 15 tables; and

WHEREAS, total capacity of the Premises is 199; and

WHEREAS, the Premises includes 1 patron bar and no service bar; and

WHEREAS, Applicant shall:

a.       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;

b.      maintain adequate security at the Premises during hours of nightlife operation, with maintain an exception for corporate or private events, in the proportion of one security personnel for every 50 patrons, thus requiring four security personnel for the expected occupancy, 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, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing; 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;

c.       incorporate the use of a smoking area with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

d.      agree to install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk in front of Premises;

e.       discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

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

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

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 the application by BREAD & BUTTER ENTERTAINMENT LLC d/b/a "La Pomme" to renew an existing liquor license for the ground floor bar/cocktail lounge located at 37 West 26^th 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 41 in favor; 0 opposed; 1 abstaining.

WHEREAS, the Premises consist of an estimated 15,000 square feet of usable floor space. At present the Premises are subdivided as follows:

CELLAR LEVEL: Lounge (1,590sf), Coat Room (620sf), HVAC (380sf), Bathrooms (790sf) and Back of House (1,770sf)

MAIN LEVEL:            Main Dining Hall (1,440sf), Private Dining Area (450sf), Lounge Hall (420sf), Lounge Area (890sf), Bar Area (1,130sf), Bathrooms (190sf), Back of House (2,840sf) 

MEZZANINE LEVEL: Private Dining (660sf), Bar and Lounge (1,450sf), Back of House (670sf)

b. the Premises will be operated predominantly as a restaurant, bar and lounge;  and

WHEREAS, Applicant shall:

a.       operate the Premises as a restaurant, bar and lounge with seated bar and dining service, we are responsible at any time that an event or party is hosted or marketed by a third party (in whole or in part), and during such private events dancing may be allowed in the rented space only, in compliance with the Applicant's on-premises Catering License issued by the City of New York;

b.      continue to refrain from any use of promoters

c.       (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; and

d.      except on holidays and for private events, will stop serving alcohol at the following times, with the Premises cleared within thirty (30) minutes after closing:

                    i.            Sunday-Wednesday,  no later than 2:00 AM

                  ii.            Thursday-Saturday,  no later than 4:00 AM

e.       at all times when the Premises is being used for more than just restaurant use, maintain no less than six (6) dedicated security personnel in and in front of the Premises at all times and a Pranna event staff member to (i) guide guests as quickly as possible inside to an event or to the late-night lounge, preventing long lines outside of Premises; (ii) ensure that patrons enter and leave the Premises and 28th Street in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to have 28^th Street cleared of all patrons within one-half hour of 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;

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

g.       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;

h.      provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will encourage its customers to use an outdoor area on the side of the Premises for smoking and shall discourage customers from loitering outside the Premises on 28th Street.;

i.        meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; 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 Rajiv Sharma 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 the application by PRANNA HOSPITALITY INC. to renew an existing liquor license for Pranna restaurant, bar, lounge located at 79 Madison Avenue, 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 41 in favor; 0 opposed; 1 abstaining.

WHEREAS, the Premises consists of  approximately 5,000 square feet of space on the 1^st floor, 2^nd floor, roof top and basement and that the basement is to be used only for storage and offices.; and

WHEREAS, the Premises has a public assembly valid for the entire establishment with a maximum occupancy of 225 people (patrons and employees); and 

WHEREAS, the Premises will be operated predominantly as a bar /restaurant / event space with a total of 15 first floor bar stools, 4 first floor tables, 8 roof top tables for a total of 63 seats; and

WHEREAS, Applicant shall:

a.       operate the Premises as a bar / restaurant / event space with seating and standing areas and use no promoters except for special occasions such as Halloween and New Year's Eve. 

b.      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;

c.       premises indoor operation shall be Monday through Saturday with a 4:00 AM closing time except that Sundays during football season the venue shall be open.  

d.      premises roof top operation shall close completely at 11:00PM Sunday through Thursday and Midnight on Friday and Saturday. 

e.       at all times when the Premises is being used, maintain security personnel at a ratio of (1) guard per up to 50 persons to maintain order both inside and outside of the Premises, ensure that patrons enter and leave the Premises and 29^th Street in a peaceful, quiet and respectful manner; ensure that patrons exit the roof at the designated closing time; discourage patrons from congregating outside the Premises; and use best efforts to have 29^th Street cleared of all patrons within one-half hour of 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;

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

g.       have iPod or similarly produced music, and in no event shall a DJ, live music or dancing ever be permitted at the Premises, except as specifically provided for herein;

h.      not utilize an exterior "velvet rope" door policy and charge no cover.  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.        provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will maintain an outdoor smoking area in front of the Premises and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 29^th Street.  This smoking area will be monitored by a security presence after 11 pm on all nights;

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.      meet with neighbors and CB5 on a regular basis if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; 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 Michael Casey 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;

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 the application by 47 McPub Inc. d/b/a "Red Sky" to renew an existing liquor license for the 1^st and 2^nd floor bar / restaurant / event space with outdoor roof deck located at 47 East 29^th Street, New York, New York, 10016, 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 41 in favor; 0 opposed; 1 abstaining.