December 2011

WHEREAS, The applicant is applying for a revocable consent for an unenclosed sidewalk cafe at 7 East 53^rd Street; and

WHEREAS, The applicant had requested a postponement which is not permitted by DCA rules; and

WHEREAS, The applicant failed to appear at a regularly scheduled meeting and failed to address questions and concerns CB5 has about this application; and

WHEREAS, Members of Community Board Five recommended that the applicant withdraw the application and reapply at a later time when they might be able to address CB5's concerns; and

WHEREAS, That withdrawal was not made; and

WHEREAS, The proposed location of the sidewalk cafe (53^rd Street just off 5^th Avenue) registers very high pedestrian traffic; and

WHEREAS, The sidewalks on 53^rd between 5^th and Madison are relatively narrow; and

WHEREAS, The proposed 2 tables would stick out 4 feet from the property line, leaving just the bare minimum 8"1" of clearance for pedestrian traffic; and

WHEREAS, Those sidewalks are further narrowed by the existence of trees which line and beautify the street, thereby making the usable clearance significantly less than 8 feet; and

WHEREAS, The proposed location is immediately adjacent to Paley Park which offers plenty of public seating; and

WHEREAS, There are no other sidewalk cafe's on this block; therefore be it

RESOLVED, That Community Board Five recommends denial of the revocable consent for a new unenclosed sidewalk cafe at 7 East 53^rd Street.

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

WHEREAS, The applicant is applying for a revocable consent for an unenclosed sidewalk cafe at 30 West 26^th Street; and

WHEREAS, This application is a re-application for a revocable consent which the applicant allowed to expire on November 15^th, 2011; and

WHEREAS, The application is for an identical plan to that which was previously existing; and

WHEREAS, CB5 has no complaints on file and the applicant has seemingly been a respectful neighbor; and

WHEREAS, The applicant has agreed to close and remove the sidewalk cafe each night by 10:00 pm; therefore be it

RESOLVED, That Community Board Five recommends approval of the revocable consent for a new unenclosed sidewalk cafe at 30 West 26^th Street.

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

WHEREAS, The New York City contracts on Public Pay Phones will come to term in 2014 and will need to be renegotiated by the City and approved by the City Council; and

WHEREAS, This is an opportunity for the City to require the franchisees to provide a public pay telephone that is more of a product of our times; and

WHEREAS, The public pay telephones currently installed on New York city sidewalks are based on a 50-year-old technology and provide a service for which it's utility and usage has steadily declined; the low usage can be seen as an indicator that technology has advanced, with 96% of the US population currently owning a cell or smart phone; and

WHEREAS, A large proportion of public pay phones have fallen into disrepair because of the low usage, with up to 40% of the phones in some districts having no dial tones or severely damaged booths; and

WHEREAS, Many communities are concerned that these installations have become a magnet for crime or public disturbances, without the community having the option to remove the most problematic of these installations; and

WHEREAS, The large majority of these installations has increased in size and in concentration to facilitate larger advertising spaces and higher revenues; and

WHEREAS,  With sidewalk space at a premium; (competing with rapid transit shelters, muni-meters, trees, newsstands, news boxes, sidewalk cafes, etc.) the space that these large installations occupy is adding to the ever-growing issues of pedestrian safety and right-of-way; and

WHEREAS, With the contracts on public pay phones coming due, this may be the last opportunity the city has to affect significant and meaningful change for some time;

THEREFORE BE IT RESOLVED that Community Board Five recommends that the New York City Department of Information and Technology should replace existing phone booths with more current technologies to provide a more useful and better service to New York City communities as part of the new contract to be signed in 2014; and

BE IT FURTHER RESOLVED that the new appliances provide a menu of real benefits that each community could choose from: including 911 and 311 free access, pedestrian lighting, Wi-Fi, cell battery fast-charge, online search access, arts or community announcements, etc.; and

BE IT FURTHER RESOLVED that the new installations' footprint should reflect the current technology trends in miniaturization and should incorporate current state-of-the-art payment methods and problem management systems with full transparency, reporting to the public at a Community District basis; and

BE IT FURTHER RESOLVED that current installations should not be grandfathered and the contract should allow for a reduction in the number of installations and for approval and removal processes similar to those used for other street furniture like newsstands, including a Community Board comment and review period; as neighborhoods change and develop, the need for Public Pay Telephones also change and should be evaluated at a 'community level' and

BE IT FURTHER RESOLVED that the New York City Department of Information and Technology should launch, as soon as possible, a design competition for the new appliances with a selection panel including representatives of Community Boards and Department of Transportation; and

BE IT FURTHER RESOLVED that Community Board Five strongly recommends that any such new design, housing, or telecommunication appliance should be American made manufactured.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SWC of 53^rd Street and Madison Avenue, and

WHEREAS, The applicant failed to appear at a regularly scheduled meeting and failed to address questions and concerns CB5 has about the application; and

WHEREAS, The proposed location is directly in front of a retail store which sells similar products; and

WHEREAS, pedestrian traffic between the Fifth Avenue and Madison Avenue retail corridors is extremely heavy; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on the SWC of 53^rd Street and Madison Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian counts at this location during rush hour (5 PM- 6 PM) on a weekday.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SEC of 53^rd Street and 5^th Avenue, and

WHEREAS,  A previous newsstand application was turned down at this location in 1991; and

WHEREAS,  A newsstand at this location would interfere with the visual corridor in the 5^th Avenue "Special District" thereby detracting from  the "attractiveness and effectiveness" of the corridor; and

WHEREAS, The Art Commission has previously recognized this as a valid argument along Fifth Avenue; and

WHEREAS, The proposed newsstand would be located directly in front of the Rolex store and directly over the Rolex retail vaults; and

WHEREAS, Members of the public representing The Rolex Realty Company were present to oppose the proposed newsstand; and

WHEREAS, Additionally, CB5 has serious concerns about pedestrian safety in this area; and

WHEREAS, Pedestrian traffic is so heavy in this area that the city has installed safety railings to protect pedestrians along many of the blocks of 5^th Avenue; and

WHEREAS, The installation of the proposed newsstand would further limit sidewalk space and potentially cause people to walk out into the street; and

WHEREAS, Pedestrians in street traffic create a particularly dangerous situation; and

WHEREAS, For many of the aforementioned reasons, Community Board Five has issued a moratorium on new Street furniture along the 5^th Avenue corridor; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on SEC of 53^rd Street and 5^th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian counts at this location between (4 PM- 6 PM) on a Friday in December.

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

Whereas, there were 646 stalled construction sites in New York as of July 2011; and

Whereas, 37 percent of the sites surveyed were identified as containing litter, with over half of these sites having fencing in disrepair or vandalized, and half of the sites having sidewalk obstructions that leave eight feet or less of sidewalk space; and

Whereas, these unfinished structures are not only eyesores but also targets for vandals and squatters; and

Whereas, these sites pose safety, economic and quality of life concerns for residents and property owners alike; therefore

Be it resolved, that the City should pass legislation allowing stalled construction sites to become publicly accessible on a temporary basis, when appropriate, for such uses as food vending, parking, public art, performance and recreation space; and therefore

Be it further resolved that when interim uses are not possible the City should launch art programs to beautify sheds through grants provided to community groups, BIDs and non-profits; and therefore

Be it further resolved that where possible the City should work with property owners to expand narrowed sidewalks created by construction fencing and scaffolding.

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

WHEREAS, Since 2004, Community Board Five's recommendations regarding large events in and around Madison Square Park, from post-parade events to the Big Apple BBQ, have been inconsistent and, therefore, confusing, very often with nothing more than philosophical differences as the basis for board members casting their votes; and

WHEREAS, In 2011, CB5 established the Madison Square Park Events Task Force to take on the responsibility of establishing a consistent approach to hearing applications for large events in and around Madison Square Park; and

WHEREAS, The MTF's mandate was to gather feedback from residents, businesses, the Flatiron BID, and Madison Square Park Conservancy, and collect information regarding the many large events that request the use of Madison Square Park and/or the surrounding area; and use those findings to form the basis for a report with recommendations to the Consents & Variances and Parks Committees and CB5, to assist CB5 in reaching consensus regarding these applications; and

WHEREAS, Over a period of three months, the task force gathered information by administering a survey to park users, residents, and workers around Madison Square Park, resulting in 501 responses; met with business owners and managers; and obtained input from neighborhood groups, city agencies, and other stakeholders; and

WHEREAS, The report of the task force (attached hereto, the "MSP Events Task Force Report") was circulated to the Consents & Variances and Parks Committees and adopted unanimously by the committees after discussion took place at the Joint Committee meeting on December 5, 2011, with comments and input taken from committee members and the public; and

WHEREAS, The report made the following recommendations:

I.                   Establish Definition of a Large Event

a.       Involves street closures OR

b.      More than 3 hours in duration and significantly blocks access through Park

(Presently includes Big Apple BBQ, Post-Parade Events, and US Open and Subway Series viewings)

II.                Standardize Evaluations of Applications for Large Events

a.       Evaluate event applications on an individual basis

b.      Require a group liaison from each event to work with the committee(s)

c.       Require meeting with group liaisons in advance of committee's hearing of application for      detailed progress review of plans for event; to include the BID, SAPO, and any other stakeholders at the committees' discretion

d.      Base committee evaluation on applicant's commitment to adhere to a uniform set of standards (see part III), applicant's adherence to those standards the previous year, and evidence of best efforts to enact improvements

e.       If application meets committee approval, make recommendation as an "Approval with Conditions"

f.       Conduct post-mortems after events' conclusions, to be considered as part of applicant's hearing the following year

III.             Adopt Uniform Event Standards

a.       Require submission of Layout Plan for Event

                                                              i.      Locate booths off of curbs whenever feasible; if not feasible, locate food booths on curbs opposite park perimeter (such as the east side of Madison Avenue)

                                                            ii.      Isolate all open food containers and open flames from the public

                                                          iii.      Keep emergency lanes cleared at all times; enforce strict prohibition on double parking

                                                          iv.      Street Closures

1.      Restrict number of street closures to levels used by an event in 2011; any expansion of the number of streets closed signifies unsupportable growth of the event

2.      Require posted notification of pending street closures near affected blocks one week in advance of event

                                                            v.      Access and Navigation

1.      Require submission of plan for management of queues/crowds outside of event area

2.      Require submission of plan for management of access through or around park, including the posting of alerts at edge of park if access is affected; including events in Worth Square

3.      Require submission of plan for maintaining access to dog run and playgrounds

b.      Amplified Sound

                                                              i.      No continuous usage of amplified sound for events lasting more than three hours; require submission of plan for breaking up music sets/periods of microphone use into shorter blocks of time

                                                            ii.      Present plans for PA system; and agree to best efforts to utilize greater number of speakers at lower volumes

                                                          iii.      Engage Acoustilog, Inc. or other sound engineer approved by CB5 to address layout and technical specifications in advance of event

                                                          iv.      Engage sound engineer to assess success of these measures at actual events, when possible

c.       Sanitation

                                                              i.      Require submission of plan for sanitation, both for Park interior as well as any streets closed during an event, including commitment to a minimum number of cleaning staff to be supplied by event producer for duration of event, in coordination and with the approval of the Dept. of Sanitation, MSPC, the BID, and any other parties donating sanitation services

                                                            ii.      Require submission of plans for vendors at event, and a commitment to limit the number of vendors who will sell or distribute items which lead to impactful litter, including balloons, silly string, wrapped candies, flyers, and postcards

                                                          iii.      Request information from Department of Sanitation regarding amount of garbage produced by an event, for use as a metric in determining an event's size and/or growth

d.      Mitigating Damage

                                                              i.      Continue utilization of snow fencing around lawns and planting areas, to be erected on start date of an event

                                                            ii.      Require fulfillment of the bonding requirement to Department of Sanitation and Parks Department when applicable

                                                          iii.      Investigate bonding requirement to additional city agencies to cover damage of tree beds and plantings in park and on street curbs

e.       Playgrounds

                                                              i.      Require dedicated security person to monitor use of playground

                                                            ii.      Prohibit event attendees from entering playground unless with a child

                                                          iii.      Prohibit food from events inside playground

IV.             Address Event Saturation

a.       Restrict Number of Events in Park

                                                              i.      Cap number of large events at 2011 levels

                                                            ii.      Deny applications for new large events which surpass these levels

b.      Restrict Frequency of Events in Park

                                                              i.      Coordinate with applicants and city agencies to prevent applications for large events on consecutive weekends

                                                            ii.      Deny any application for a pre-existing large event whose application is changing its dates to fall on a consecutive weekend with any other pre-existing large event

                                                          iii.      Deny any application for a new large event which falls on a consecutive weekend with any other pre-existing large event

                                                          iv.      Continue to encourage NYPD, SAPO and any other appropriate city agencies to investigate appropriate locations and/or alternate plans for street fairs and post-parade events, particularly those with continued growth; and

WHEREAS, The Consents & Variances and Parks Committees unanimously adopted the findings of the MSP Events Task Force Report and accepted the recommendations set forth in the report; and therefore be it

RESOLVED, That, in furtherance of the foregoing, Community Board Five hereby adopts the Policy on Madison Square Park Events attached hereto; and be it further

RESOLVED, That Community Board Five urges the Department of Sanitation, the Parks Department, the Street Activity Permit Office, and the Office of Citywide Event Coordination and Management to review the MSP Events Task Force Report and its findings and to support the restrictions contained in the Policy on Madison Square Park Events as applied to applications relevant thereto.

WHEREAS, the owners of 52 West 21^st Street, located in the Ladies Mile Historic District, have applied to LPC to legalize the façade of the building and appeared at CB 5 May 12, 2011 and the previous building owners appeared at CB 5 December 13, 2007, to obtain Approval for facade renovations; and

WHEREAS, on each of the two occasions that CB 5 reviewed the Application and the building work that had been done by each of the owners, Approval was Denied (35-0-1 at the May 12, 2011 Full Board Meeting); and

WHEREAS,the Applicant failed to appear at the November 29, 2011 Landmarks Committee Meeting of CB 5 to explain what if any changes have been made in the building design or condition since the last time the matter was presented to CB 5; therefore, be it

RESOLVED, CB 5 recommends to LPC that the Application by 52 West 21^st Street, Ladies Mile Historic District to legalize façade be Denied. (For reference purposes the May 12, 2011 Resolution of CB 5 is shown below:

WHEREAS, 52 West 21st Street is a five-story commercial/loft retail and residential building located in the Ladies Mile Historic District; and

WHEREAS, The previous owner appeared before CB5 and was denied approval by CB5 on December 13, 2007 for repairs, renovation and restoration of the facade for reasons detailed in the CB5 Resolution set forth below; and

WHEREAS, Exterior renovations were done without conforming to the requirements of the NYC Landmarks Preservation Commission and the current owner is now seeking to "legalize" these facade modifications; and

WHEREAS, The scope of work that was performed improved the appearance of the building which had been in a severely deteriorated condition, but did not meet the required architectural drawings, plans, details and specifications presented to LPC, since they failed to include:

                                    1. Decorative spandrels between the floors

                                    2. Window sash, frames and mullions as depicted 

                                    3. Sign band above the ground floor storefront

                                    4. Panel bulkheads at ground floor

                                    5. Deep cornices

                                    6. Use of appropriate Historic materials and colors throughout the facade; and

WHEREAS, The current appearance of the building is out of character with the Historic District, especially with the two immediately adjacent buildings; therefore, be it

RESOLVED, Community Board Five recommends denial of the application to legalize facade renovations at 52 West 21st Street. (Denied:  Vote: 35-0-1 Abstention)

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

WHEREAS, the New Amsterdam Theater, 214 West 42^nd Street, between 7th and 8th Avenues, in the NYC Theater District, has been an individual NYC Landmark since 1979; and

WHEREAS, the theater is owned by 42nd Street Development Corporation and is operated under a long term lease by the Disney Corporation, which currently has a long running Broadway Show, "Mary Poppins", appearing at the theater; and

WHEREAS, Disney has applied to LPC for approval to replace the existing light boxes on the non-historical marquee which would update and improve the illumination for performances taking place at the theater; and

WHEREAS, the illumination would be modern LED type lighting to program current shows and other occasional performances taking place at the theater and may also be used to announce other Disney shows playing in New York City; and 

WHEREAS, Disney agrees that the LED panels on the marquee would not be used for advertising purposes; and 

WHEREAS, CB 5 recommends that the signage be "static" in nature and not animated; therefore, be it

RESOLVED, Community Board Five recommends approval of the application to replacing existing light-boxes on marquee with new LED panels at the New Amsterdam Theater, 214 West 42nd Street.

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

WHEREAS, 1179 Broadway is located in the Madison Square North Historic District on the west side of Broadway between West 28th and West 29th Streets and is a four-story store and office building, originally constructed in the mid-1800's as part of the Coleman House hotel complex and extensively renovated in 1926; and

WHEREAS, in 1926 when many of the area's commercial buildings were being given new facades, the building was covered with stucco facing that was subsequently altered with another "Garden State Brickface" type stucco re-facing, scored to resemble bricks; and

WHEREAS, the LPC June 26, 2001 Designation Report states that "the storefronts and stucco are non-historic"; and

WHEREAS, the NYC Department of Buildings has served the owners with violations as a result of serious structural conditions necessitating the placement of emergency scaffolding at the base of the building; and

WHEREAS, these conditions include cracking of the stucco, bowing outward of the front of the building, water infiltration and decay of bricks and steel at the headers; and

WHEREAS, after consultations with LPC Staff, the owners are applying to replace the building facade with stucco (which will not be scored) the color of limestone, matching the appearance of the facade as it was in 1926; and

WHEREAS, as part of the renovation, all upper floor windows above the storefront will be replaced with fixed glass wood framed windows, not pivoting, to conform to the NYC Building code by allowing child safety railing protection; and

WHEREAS, the applicant has agreed to retain a professional Architectural Conservator to document the existing materials that will be re used in the new facade and supervise the material's removal, storage and replacement, therefore, be it

RESOLVED, Community Board Five recommends approval of the application for facade renovation for 1179 Broadway in the Madison Square North Historic District.

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

WHEREAS, Union Square Partnership has submitted an application seeking permission to conduct Harvest in the Square, their annual food and wine tasting fundraiser involving various local restaurants, in the north and west plazas of Union Square Park on either Thursday, September 13 or Thursday, September 20, 2012, between the hours of 6:00 PM and 9:00 PM; and

WHEREAS, Tickets for Harvest in the Square would be sold for $125.00 for General Admission, and $400.00 for VIP, and it is anticipated that this event would attract approximately 1,200 participants; and

WHEREAS, The proposed special event would require set-up to begin the evening before the event at 6:00 PM (upon expiration of the Greenmarket permit), and dismantling and clean-up to be completed before 6:00 AM on the morning following the event; and

WHEREAS, There is a long-standing precedent for the Harvest in the Square fundraiser in Union Square Park; and

WHEREAS, Union Square Partnership has agreed that when presenting future event applications that they will clearly state whether or not those events are occurring concurrently with previously approved special events; and

WHEREAS, If there are any material changes in the event from previous years, i.e. signage, set-up, scale, location, and/or ancillary activities, Union Square Partnership has agreed to return and present these changes to Community Board Five; therefore, be it

RESOLVED, That Community Board Five recommends approval of Union Square Partnership's application to conduct their Harvest in the Square annual fundraiser in Union Square Park in September 2012.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, Union Square Partnership has submitted an application to conduct their Jazz in the Square annual free lunchtime jazz performance series in the west-side seating area of Union Square Park on Tuesdays from June 12 through August 7, 2012, between the hours of 12:00 PM and 1:30 PM, requiring set-up to begin at 11:30 AM and clean-up to be completed by 2:00 PM; and

WHEREAS, Jazz in the Square events are free of charge and open to the public, and they are anticipated to attract approximately 600 participants; and do not utilize amplified sound; and

WHEREAS, the series is produced in partnership with the Parks Department and The New School, the latter of which provides student performers on a rotating basis who are currently enrolled in The New School for Jazz and Contemporary Music's program.

WHEREAS, the Jazz in the Square event series has taken place previously in Union Square Park, with no complaints received by CB5; and

WHEREAS, Union Square Partnership has agreed that when presenting future event applications, that they will clearly state whether or not those events are occurring concurrently with previously approved special events; and

WHEREAS, If there are any material changes in the event from previous years, i.e. signage, set-up, scale, location, and/or ancillary activities, Union Square Partnership has agreed to return and present these changes to Community Board Five; therefore, be it

RESOLVED, That Community Board Five recommends approval of Union Square Partnership's application to conduct their Jazz in the Square concert series in Union Square Park on Tuesdays from June 12 through August 7, 2012.

The above resolution passed  by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, Union Square Partnership has submitted an application to conduct their Summer in the Square annual free concert series, that would also include activities such as morning exercise classes, yoga, mid-day children's performances, and evening performances of music and theatre, in the south plaza of Union Square Park on Thursdays from June 14 through August 9, 2012, between the hours of 7:00 AM and 7:00 PM, requiring set-ups to begin at 6:00 AM and clean-ups to be completed by 8:00 PM; and

WHEREAS, Summer in the Square events are free of charge and open to the public, and they are anticipated to attract approximately 600 participants; and

WHEREAS, There is a long-standing precedent for the Summer in the Square event series in Union Square Park; and

WHEREAS, Union Square Partnership has agreed that when presenting future event applications, that they will clearly state whether or not those events are occurring concurrently with previously approved special events; and

WHEREAS, If there are any material changes in the event from previous years, i.e. signage, set-up, scale, location, and/or ancillary activities, Union Square Partnership has agreed to return and present these changes to Community Board Five; therefore, be it

RESOLVED, That Community Board Five recommends approval of Union Square Partnership's application to conduct their Summer in the Square concert series in Union Square Park on Thursdays from June 16 through July 28, 2011.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, RP/HH MILFORD PLAZA OWNER, LP ("Applicant") has notified Community Board Five of its intention to apply for a new liquor license for the rooftop bar located at 700 Eighth Avenue (between 44^th and 45^th Streets), New York, New York (the "Premises"); and

WHEREAS, The Premises includes approximately 3,100 square feet on the rooftop of useable public space of which 1,400 square feet is enclosed, which includes one patron bar; and

WHEREAS, The Premises will be operated exclusively as a dining room/lounge and private event space, with approximately 6 tables inside and 10 tables outside, 36 seats inside (including 9 bar stools) and 25 seats outside, all outside seats to be in the area marked "South Bar" with none in the area marked "North Bar", which includes lounge seating, serviced by the hotel manager or a third party operator yet to be determined; and

WHEREAS, The total capacity of the Premises is 74; with any higher capacity requiring the filing of Place of Assembly Certificate of Operation with the DOB; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.                  agree to keep the hours of operation for the Premises as follows: (1) the outdoor area marked "North Bar - Swing Space" will be open every day of the week and close no later than midnight and on Sunday through Thursday any light, background music being played will be turned off no later than 11:00 pm; (2) the area marked "South Bar" will have hours of operation every day of the week and will turn off any light, background music being played as well as cease operations no later than midnight each day; and (3) the enclosed area marked as "Interior Bar" will have hours of operation every day of the week and will turn off any light, background music being played as well as cease operations no later than midnight each day.

2.                  not apply for a cabaret license;

3.                  not incorporate a DJ or live music, unless associated with a special catering event, and agree to keep the stereo at ambient volume level only, with volume controls strictly controlled by management;

4.                  consult with a sound engineer to inspect the Premises and make structural and sound system recommendations to ensure that sound does not disturb neighboring residences;

5.                  not hire outside promoters; with private parties deemed included in rooftop use but promoter-driven public events specifically excluded from rooftop use;

6.                  at all times use reasonable efforts 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, and (iii) use reasonable efforts to clear the area outside the Premises of all patrons immediately after closing;

7.                  meet with neighbors and CB5 if requested; and

WHEREAS, No members of the public expressed opposition to the application; 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 80% or more of an interest in the Applicant 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, 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 RP/HH MILFORD PLAZA OWNER, LP for a new liquor license for the rooftop bar located at 700 Eighth Avenue (between 44^th and 45^th Streets), 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 35 in favor; 0 opposed; 1 abstaining, 1 present not entitled to vote.

WHEREAS, the Flatiron Hotel, a new 64-room hotel at 9 West 26^th St. at the corner of 26^th and Broadway, seeks a hotel loading zone, and

WHEREAS, the Department of Transportation automatically designates loading zones for hotels with more than 99 rooms but requires a Community Board resolution to approve loading zones for hotels with fewer rooms, and

WHEREAS, a recent redesign of Broadway makes it impractical to locate a loading zone on the Broadway side of the Hotel, and

WHEREAS, the block of West 26^th between Avenue of the Americas and Broadway has sufficient width to support a loading zone but is already heavily trafficked and congested, due to the following:

1)      West 26^th bears extra east-bound traffic because West 24^th St. is interrupted by Madison Square Park, and

2)      The intersection of 26^th St. and Broadway sits very close to the intersection of 26^th St. and 5^th Ave., causing traffic to back up, and

3)      The block is a mixed use block, with metered commercial parking during the day, many residents parking at night and many clubs and bars in the area causing a lot of pedestrian and street traffic in the evenings, and

4)      The block suffers significant congestion at night when garbage trucks double-park directly across the street from the Hotel, and

WHEREAS, the Department of Transportation has already granted Loading Zones to at least three smaller hotels in the neighborhood, including:

1)      Hotel Giraffe, 365 Park Avenue South, 72 rooms;

2)      Hotel Mave, 62 Madison Avenue, 72 rooms; and

3)      City Club Hotel, 55 West 44^th Street, 65 rooms.

WHEREAS, having hotel patrons load and unload from double-parked cars and taxis would further exacerbate the existing traffic problems and create a safety hazard, and

WHEREAS, these concerns could be substantially addressed by granting the Hotel a two-space hotel loading zone by the entrance at 9 West 26^th St., and

WHEREAS, the Flatiron Hotel has agreed to monitor the loading zone to ensure proper usage, and

WHEREAS, such a loading zone can be located more than 15 feet from the nearest hydrant, BE IT

RESOLVED, that Community Board Five recommends approval of the request that the New York City Department of Transportation grant a two-space Hotel Loading Zone to the Flatiron Hotel at 9 West 26^th St. on the north side of West 26^th St. directly in front of the hotel entrance at least 15 feet from the nearest hydrant and that the Hotel owners will monitor usage of the Loading Zone to ensure that it is not used other than for pick-up and drop-off of guests at the Hotel.

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