December 2009

 WHEREAS, The applicant, TREL RESTAURANT INC, DBA Rosie O'Grady is applying for an unenclosed sidewalk café at 800 7th Avenue, at the corner of 52nd street, and

WHEREAS, The proposed sidewalk café would have 21 tables and 82 seats, located on 7th Avenue (12 tables, 48 seats) and on 52nd street (9 tables, 34 seats) and

WHEREAS, Due to the heavy pedestrian traffic Community Board Five felt the proposed unenclosed sidewalk café would have a negative impact, the applicant agreed to drastically reduce the unenclosed sidewalk café footprint, and

WHEREAS, The revised unenclosed sidewalk café would have 13 tables and 26 seats, located on 7th Avenue (7 tables, 14 seats) and 52nd Street (6 tables, 12 seats), leaving 15'8'' feet for pedestrian traffic on 7th Avenue; therefore be it,

RESOLVED, That Community Board Five recommends approval of the revised application for an unenclosed sidewalk café at 800 7th Avenue, at the corner with 52nd street.

The above resolution passed  by a vote of 32 in favor; 1 opposed; 1 abstaining.

WHEREAS, The City Council has proposed legislation (Intro #1059 - The Paid Sick Time Act) that would require businesses in New York City to offer paid sick leave for their employees; and

WHEREAS, According to this plan workers would accrue paid sick leave at a rate of one hour for each 30 hours worked, up to a total of 9 days per year for workers in large businesses (those with more than 10 employees), while small businesses (those with fewer than 10 employees) would provide up to 5 sick leave days per year. Accrual of days would commence with the start of employment, but cannot be used until the employee has worked for 90 days; and

WHEREAS, This legislation would help ease the difficult situation of at least one million working New Yorkers who do not receive any paid sick days and therefore often have to go to work when they are sick, or have to send their sick children to school; and

WHEREAS, It is in the best interest of the public health of all New Yorkers for it to be less punitive for sick workers and workers with sick children to stay home and thereby safeguard the health of their fellow workers, fellow students and the public, especially the retail and food service workers who are among the least likely to receive sick days; and

WHEREAS, Intro #1059 has not yet come up for a vote and its sponsors are still actively seeking input, Community Board Five has the following suggestions, which would balance the need for paid sick days with the needs of small businesses:

• Define a number of employees below which businesses are exempt entirely
• Increase the upper limit of the number of workers that define a small business from the current figure of 9.
• Consider reducing the number of allowable sick days for large businesses per year from the current figure of nine; therefore, be it

RESOLVED, That Community Board 5 recognizes the need for workers to care for their health and that of their dependents without loss of income or employment, and therefore supports the concept of paid sick leave as promoted by Intro #1059 with the above caveats and pending the final details of the legislation.

The above resolution passed with a vote of  22 in favor, 9 opposed, 1 abstention.

WHEREAS, Central Park is a NYC Scenic Landmark and the Belgian restaurant chain (23 in Manhattan), Le Pain Quotidien, as a result of a  Parks Department  RFP, has been designated as the operator of a cafe in the Mineral Springs building at the north end of the Sheep Meadow in Central Park, roughly between 69th and 70th Streets; and

WHEREAS, The cafe will occupy 1,600 sq. ft. of the 4,000 sq. ft. building, the remainder of the building continuing to be used by the Parks Department for maintenance purposes and public rest rooms; and

WHEREAS, The new occupant will require substantial improvements for its operation which replaces a snack bar, now closed, which modifications have been approved by the Parks Department and two other Community Boards adjacent to Central Park; and

WHEREAS, The principal changes to this building, which dates back to 1958-9 and is not considered historically important, include:

1.            Removal of an exterior metal roll-up gate which was above a counter for serving hot dogs, etc. to be replaced by wooden accordion doors

2.            Restoration of two windows on the side of the building which are in disrepair

3.            Replacement of hollow metal door at the rear of the building with similar door

4.            Placement of 20 tables and 40 chairs on the terrace, all removable for storage inside the cafe at night

5.            New discreet signage with halo lighting; and

WHEREAS, Approximately 30% of the seats will be available for non-customers of the cafe; and

WHEREAS, The hours of operation will be 7 am to 7 pm; and

WHEREAS, The applicant intends to serve only beer and wine and agreed to come before CB 5's PSQL Committee for review if required; therefore, be it

RESOLVED, Community Board Five recommends approval of the Le Pain Quotidien capital improvement project at Central Park Mineral Springs building.

The above resolution passed by a vote of 31 in favor; 0 opposed; 2 abstaining.

WHEREAS, 16 East 18th Street, (between Fifth Avenue  and Broadway), located in Ladies' Mile Historic District, is a ten-story neo-Renaissance style store and loft building, constructed in 1902, designed by Buchman & Fox, architects; and

WHEREAS, The owner has applied to construct a rooftop addition and raise the parapet wall in a four part project as follows: 

1.       Remove an existing non-functioning water tank that is in disrepair, with rusting metal and discolored by mold

2.       Construct a new stairway bulkhead on the roof to allow more direct access to a duplex apartment and a common area on the roof

3.       Raise the brick parapet wall on the secondary facade to a height of 48" to conceal and support four air conditioning/condenser units, using matching bricks (Note: Another section of the parapet is 57" high, so that the increased height would be lower than an existing section of the parapet wall.)

4.       Replace the metal railing along the east facade to conform with current building code standards; and

WHEREAS, Although we are concerned about the loss of water tanks, which have been a part of the NYC skyline for many decades, according to the applicant the costs of repair and maintenance of this water tank has become prohibitive and burdensome since it is non-functional and obsolete; and

WHEREAS, Mockups at the roof that are in place are minimally visible from the public way and the proposed changes would have little visual impact on the overall appearance of the building; therefore, be it

RESOLVED, Community Board Five recommends approval of the application to construct a rooftop addition and raise the parapet wall at 16 East 18th Street in the Ladies Mile Historic District, as detailed in the designs, plans and renderings presented to CB 5.

The above resolution passed by a vote of 30 in favor; 3 opposed; 1 abstaining.

WHEREAS,  The building located at 7 East 20th Street (between Fifth Avenue and Broadway) in the Ladies' Mile Historic District is a neo-Renaissance-Modern French style store and loft building, designed by William C. Frohne, constructed in 1907; and

WHEREAS, The owner of the 12th floor condominium apartment in this building has applied to LPC to replace the 21-foot arched, five sectioned window on the front facade with split aluminum and wood frame windows resembling the existing wood frame windows, which will pivot in a similar fashion at either end; and

WHEREAS, CB 5 and LPC have previously taken the position that this type of window replacement on higher floors of historic buildings is acceptable; therefore, be it

RESOLVED, Community Board Five recommends approval of the application to replace the 12th floor arched window with split aluminum and wood windows at 7 East 20th Street.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, 390 Fifth Avenue (SW corner of West 36th Street), The Gorham Building is an individual NYC Landmark which has applied for replacement of windows; and

WHEREAS, This 1906 building was designed by McKim Mead & White for Gorham, the famous jewelers in the style of an Italian Renaissance "palace', and

WHEREAS, The owner has proposed to LPC to replace 120 wood frame windows from the 3rd to the 8th floors of this building with aluminum windows to be painted with a baked on finish to resemble the original color of the wood framed windows; and

WHEREAS, The condition of the old wood framed windows is very  poor and they cannot be repaired and maintained because the crowning building cornice extends ten feet from the building facade making the rigging of scaffolding very difficult; and

WHEREAS, The new aluminum windows will have the same appearance as the old one-over-one wood windows and the original brick molding around the windows will be preserved; and

WHEREAS, Similar aluminum framed windows have been installed in other historic buildings with LPC approval; therefore be it

RESOLVED, Community Board Five recommends approval of the replacement of the wood windows at 390 Fifth Avenue with aluminum windows to be finished to match the original paint color of the wood windows.

The above resolution passed by a vote of 26 in favor; 6 opposed; 1 abstaining.

WHEREAS, 404 Fifth Avenue (on the west side of Fifth Avenue between 36th and 37th Streets) is an individual New York City Landmark, designed by the renowned architectural firm Warren & Wetmore in 1914 for the real estate mogul Robert W. Goelet for use as the Stewart & Company Department Store; and

WHEREAS, This stretch of Fifth Avenue became world famous for its department stores which included B. Altman and Lord & Taylor, also NYC Landmark buildings; and

WHEREAS, Community Board Five unanimously recommended designation in November 2005 in its Resolution which reads in part:

"RESOLVED, That Community Board Five recommends that 404 Fifth Avenue, the Stewart & Company Building, be designated a New York City  landmark because of its extraordinary and historic architecture and design, and its renowned place in the history of New York City's architecture"; and

WHEREAS, The NYC Landmarks Preservation Letter issued a Warning Letter with respect to illegally installed signage installed by a tenant, Capital One Bank, which replaced previously LPC approved signage for North Fork Bank; and

WHEREAS, The applicant would prefer to legalize the existing signage (four separate signs) to save the cost of fabricating and installing new signage and has applied to LPC to legalize the signage in place; and

WHEREAS, The existing signage is deemed inappropriate in design and disharmonious with the character of this historic building by both the staff at LPC and CB 5; and

WHEREAS, The applicant has agreed to prepare a new design for the signage for Capital One Bank for presentation to CB 5 and to LPC; and

WHEREAS, The applicant has agreed to withdraw its application to legalize the signage; therefore be it

RESOLVED, Community Board Five recommends denial of the Application to legalize signage at 404 Fifth Avenue (Stewart & Company Building) installed without LPC permits.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, The parking garage is located on the north side of West 48^th street between Seventh Avenue and Avenue of the Americas in the northeast part of the Theater District; and

WHEREAS, The garage will increase capacity by seven spaces (from 213 to 220) with several existing spaces on the roof of the garage; and

WHEREAS, The garage provides parking for the Theater District and offices in a heavily trafficked neighborhood; and

WHEREAS, The applicant will create 23 new bicycle parking spaces for the garage; and

WHEREAS, Pursuant to the existing Certificate of Occupancy, the garage is permitted to be used primarily for the owners, occupants, customers and residents or visitors of 1185 Avenue of the Americas as the principal use and secondarily used for transient parking; and

WHEREAS, The zoning change will legalize the existing use of primarily transient parking; therefore be it

RESOLVED, That Community Board Five urges the Department of City Planning to approve the request by a public parking garage located at 159 West 48^th Street to convert an existing accessory parking garage to become a public parking garage.

The above resolution passed by a vote of 32 in favor, 0 opposed, 2 abstaining.

WHEREAS, The goals of the text amendment is to introduce new curb cut rules to preserve streetscape character and on-street parking spaces and to add streetscape character and pedestrian movement findings for curb cut authorization in Manhattan Community Districts 1 - 8; and

WHEREAS, The zoning text amendment only affects Union Square/Irving Plaza, East 36^th-39^th between Park and Madison, and designated Midtown streets; and

WHEREAS, The new zoning text amendment will prohibit curb cuts for buildings less than 40 feet wide in certain zoning districts; and

WHEREAS, The text amendment will require that zoning lots must maintain 34 feet of uninterrupted curb space; and

WHEREAS, Too many curb cuts results in unattractive streetscapes, loss of on-street parking, and potential conflicts between vehicles and pedestrians; therefore be it

RESOLVED, That Community Board 5 urges the passage of a new zoning text amendment to regulate new curb cuts.

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

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

WHEREAS, Times Square Alliance in conjunction with Babelgum Networks has submitted an application seeking permission to conduct a special event in Father Duffy Square on Thursday December 17, 2009 between 6:00 PM and 8:00 PM; and

WHEREAS, The proposed special event involves a brief ceremony with Isabella Rossellini announcing the six videos that have been awarded the 2009 Metropolis Art Prize in conjunction with the screening of these videos on the Clear Channel monitor (which is not part of this application); and

WHEREAS, There is no requirement for amplified sound, there will be minimal equipment set-up, and clean-up is expected to be completed by 8:30 PM; and

WHEREAS, There will be minimal signage, the event does not have a commercial intent, is brief in duration, and offers a public benefit; and

WHEREAS, Community Board Five is supportive of events that promote the performing arts; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Times Square Alliance and Babelgum Networks to conduct an event in Father Duffy Square on Thursday December 17, 2009. 

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, JUNOON, NYC LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license on the ground floor and basement of the store located at 27 West 24^th Street (the "Premises"); and

WHEREAS, The Premises consists of 7,000 square feet of space on the ground floor, and the basement is to be used only for storage, bathrooms, offices and prep area; and

WHEREAS, The Premises will be operated as a first-class restaurant featuring the Indian and other cuisine of Vikas Khanna, an internationally-known, successful, and highly-regarded chef; and

WHEREAS, Rajesh Bhardwaj, who owns and operates the national "Cafe Spice" chain of restaurants, will be the controlling owner and sole manager of the restaurant's operations; and

WHEREAS, The Premises will have an occupancy of two hundred seventy five (275) persons ("Maximum Occupancy"), will have forty five (45) tables, two hundred (200) chairs, and fifteen (15) bar stools.  There will be one (1) patron bar and no service bars; and

WHEREAS, The hours of operation of the Premises shall be as follows:

Monday:         11:00 AM - 1:00 AM

Tuesday:        11:00 AM - 1:00 AM

Wednesday:   11:00 AM - 1:00 AM

Thursday:      11:00 AM - 2:00 AM

Friday:            11:00 AM - 2:00 AM

Saturday:       11:00 AM - 2:00 AM

Sunday:          11:00 AM - 1:00 AM

WHEREAS, Applicant shall:

1. construct the Premises substantially in accordance with the plans annexed hereto.   Applicant will make no substantial change in or to the Premises without the consent of CB5;
2. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;
3. cause an alteration of the certificate of occupancy affecting the Premises to reflect the Maximum Occupancy as stipulated herein;
4. have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises, nor shall Applicant ever operate a cabaret on the Premises;
5. not utilize an exterior "velvet rope" door policy;
6. discourage patrons from congregating in front of the Premises and encourage that they leave the Premises in a respectful manner;
7. discourage the parking of idling cabs, limousines and other vehicles on the street in front of the Premises and arrange for valet service and off-site waiting areas for town cars to prevent street congestion by vehicles;
8. not use outside promoters at any time, nor operate the Premises as a catering hall or private party space, or by any person other than Applicant whether under a rental or other arrangement;
9. meet with neighbors and CB5 on a regular basis as requested to 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 Rajesh Bhardwaj ever contemplate a transfer of his controlling 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 Fiverecommends denial of the on premises liquor license for JUNOONNYC LLC for 27 West 24^th Street unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

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

WHEREAS, BOXERS NYC LLC ("Applicant") has notified Community Board 5 of its intention to file an application for a new on premises liquor license on the ground floor and basement of the store located at 37 West 20^th Street (the "Premises"); and

WHEREAS, the Premises consists of  2,762 square feet of space on the ground floor, and the basement is to be used only for storage, bathrooms, offices and possible prep area; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, although the Premises are in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20^th Street or 21^st Street, a number of licensed premises that existed at the time of the moratorium have since closed, and there are currently at least seven vacant store fronts on 20^th Street between Fifth and Sixth Avenues, and

WHEREAS, the Premises are surrounded on all sides, as well as above, with commercial tenants and businesses, and there are no residential buildings directly adjoining the Premises; and

WHEREAS, the Premises will be operated as gay-oriented sports lounge/bar though it will be open to all members of the public; and

WHEREAS, the Premises will have an occupancy of ninety (90) persons, will have five (5) tables, twenty (20) chairs, twenty four (24) bar stools, and fourteen (14) counter stools; and

WHEREAS, there will be a brick pizza oven and the Applicant will serve pizzas, salads, and quesadillas, including food delivery to the neighborhood during certain hours; and

WHEREAS, the Applicant has agreed that it shall:

1.      construct the Premises substantially in accordance with the plans annexed hereto.   Applicant will make no substantial change in or to the Premises without the consent of CB5;

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

3.      have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises;

4.      provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will maintain an outdoor area in the rear of its 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 20th Street.  There will be no music played in the back outdoor space.

5.      maintain adequate security in the premises at all times necessary to (i) ensure that patrons enter and leave the Premises and 20th Street in a peaceful, quiet and respectful manner; (ii) discourage patrons from congregating outside the Premises, and (iii) use best efforts to have 20th  Street cleared of all patrons within one half hour of closing;

6.      not use any outside promoters at any time;

7.      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;

8.      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, Applicant has agreed that for a period of six months from opening it shall cease serving liquor at 2:00 A.M. every night and have the Premises cleared by 2:30 A.M. every night.  After six months Applicant may seek CB5's consent to an extension of those hours and Applicant shall only extend the hours as and if CB5 so consents; and

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

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

WHEREAS, should Robert Fluet and/or Robert Hynds ever contemplate a transfer of their interest in Applicant so that they do 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 on premises liquor license for Boxers NYC LLC for 37 West 20^th Street unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 19 in favor; 14 opposed; 1 abstaining.