January 2010

WHEREAS, Park Tower Group, the owner of 535 Madison Avenue, seeks to install a modular newsrack ("Newsrack") as part of its streetscape improvement plan; and

WHERAS, The Newsrack is the same design as the existing Grand Central Partnership newsrack; and

WHEREAS, The Newsrack will be installed on the 54^th Street sidewalk; and

WHEREAS, The Newsrack will be maintained by the Applicant; and

WHEREAS, although CB5 recognizes that the sidewalk usually registers heavy pedestrian traffic, the Newsrack would have a minimally adverse impact, therefore be it is

RESOLVED, that Community Board 5 recommends approval of the revocable consent for the installation of the Modular Newsrack on the 54^th Street Side of the NEC of 54^th Street and Madison Avenue.

The above resolution passed vote of 40 in favor, 0 opposed, 1 abstention.

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of 42^nd Street and 7^th Avenue; and

WHEREAS, CB5 has a moratorium on new newsstands along 42^nd Street between 8^th Avenue and 5^th Avenue and in the Bowtie Section of Times Square; and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow; and

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

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

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

WHEREAS, Community Board Five recognizes that 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 NWC of 42^nd Street and 7^th Avenue; and be it further

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

RESOLVED, That Community Board Five urges DOT to reduce the threshold level for pedestrian count for newsstand applications to 8 persons per linear foot per minute, 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 40 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the southeast corner (SEC) of East 48^th Street and 5^th Avenue; and

WHEREAS, The proposed newsstand would create a visual blight along the Fifth Avenue corridor in violation of CB5's Moratorium on newsstands and other street furniture along 5^th Avenue from 34^th Street to 59^th Street; and

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

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, Community Board Five 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 of East 48^th Street and 5^th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location during rush hour (4 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 40 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the southeast corner (SEC) of 42^nd Street and Broadway; and

WHEREAS, CB5 has a moratorium on new newsstands along 42^nd Street between 8^th Avenue and 5^th Avenue and in the Bowtie section of Times Square; and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow; and

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

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

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

WHEREAS, Community Board Five recognizes that 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 of 42^nd Street and Broadway; and be it further

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

RESOLVED, That Community Board Five urges DOT to reduce the threshold level for pedestrian count for newsstand applications to 8 persons per linear foot per minute, 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 40 in favor; 0 opposed; 1 abstaining.

[CB5 reviewed] the application to extend the term of a previously granted special permit allowing the operation of a physical culture establishment for New York Sports Club at 200 Madison Avenue in the Community Board Five District.

 Please be advised that after reviewing the application and visiting the location, the Chair of Community Board Five's Consents and Variances Committee, has no objection to the request. 

WHEREAS, 26 West 17th Street is a 12-story 108,025 sq. ft. Beaux Arts store and commercial loft building located in the Ladies Mile Historic District, designed by the architect, William C. Frohne, constructed in 1907-08; and      

WHEREAS, The owner, the Winter Organization, has applied to NYC Landmarks Preservation Commission for a Certificate of Appropriateness for facade and storefront renovations including:

• Removal and replacement of doors and transoms at the street level office tower entry, retail entrance in the center of the building and the freight entrance at the westerly side of the building
• Replacement of the decaying wooden "knee wall" or bulkhead with more durable painted aluminum
• Insulated glass windows and mullions throughout
• Two period-style light fixtures above the office entry doors
• No signage other than interior signage painted on glass ; and

WHEREAS, The applicant will present designs for both a single and double door entry for the recessed central retail portion of the ground floor, depending on whether the premises is leased to one or two tenants, with the understanding that the alternative entry configuration would be installed if the tenancy changes; and

WHEREAS, The applicant was unable to present historical or tax photos showing the original historical facade appearance nor samples of the original paint; and

WHEREAS, The specifications and paint samples provided to Community Board Five are deemed to be consonant with other buildings in the Historic District; and

WHEREAS, Community Board Five is concerned that a more consistent design for the three entry doorways be achieved, but recognizes that the design presented is generally acceptable, if not ideal; therefore, be it

RESOLVED, Community Board Five recommends approval of the application for facade and storefront renovations at 26 West 17th Street in the Ladies Mile Historic District in accordance with the plans and specifications presented by the building's architect to Community Board Five.

The above resolution passed by a vote of 41 in favor; 0 opposed; 1 abstaining.

WHEREAS, 1 Penn Plaza ("the plaza") is located in a single zoning lot on the block bounded by Seventh Avenue, West 33^rd Street, Eighth Avenue and West 34^th Street, was built in 1972 and contains a 50,095 sf as-of-right plaza in 16 separate sections; and

WHEREAS, The Plaza was built before the enactment of the extensive rules regulating urban plazas in the zoning resolution; and

WHEREAS, This application is for the western section of the plaza (the "West Plaza") of approximately 20,000 sf which is of varying depths fronting on parts of West 33^rd Street and West 34^th Street and a largely through block open space between the west end of 1 Penn Plaza and a one story buildings at Eighth Avenue; and 

WHEREAS, Currently the only amenities in the West Plaza are curved benches without backs and an inoperable fountain, which is now used as a planter.  These amenities were introduced in the mid 1990s as part of a planned request for a nighttime closing, which was not ultimately pursued; and

WHEREAS, The West Plaza is substantially above grade on both the 33^rd and 34^th street sides, and the surface of the plaza is the roof of a garage located below the West Plaza; and

WHEREAS, The West Plaza is currently underutilized because of its few amenities and as a result is of little value to the surrounding neighborhood; and

WHEREAS, The applicant proposes three new outdoor food kiosks for the public and new a outdoor cafe with 160 seats run by Café Luggo, the restaurant that currently operates in the building adjacent to the plaza; and

WHEREAS, The outdoor cafe will cover approximately 3,000 sf, far less than the 20% allowed for in the zoning text; and

WHEREAS, In addition, there will be 96 new moveable chairs and 25 tables for the public, and an additional 168 linear feet of benches for public use.  These amenities (tables and chairs) are for the public to freely use and do not require a purchase from the proposed outdoor café or food kiosk; and

WHEREAS, There will be additional of greenery (new tress and planting), new signage, bicycle rack, and new lighting; and

WHEREAS, Although the West Plaza is limited in its ability to have new trees because the floor is not the ground, but the roof of a garage, the operator made a commitment to the committee to plant seasonal flowers to supplant their planned new trees; and

WHEREAS, There will be a new sculpture which will serve as public art, which can also be used as additional seating for the public; and

WHEREAS, The modification includes significant improvements to the remaining outdoor space; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for certification of the design modification to 1 Penn Plaza pursuant to ZR §37-625 and permission to operate an open air cafe pursuant to ZR §37-73.

The above resolution passed by a vote of 41 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, A proposal has been received from the Coalition of Asian Pacific Americans to hold the 31^st Annual Asian/Pacific American Heritage Festivalin the north end of Union Square Park on Sunday, May 2, 2010 from 12:00 pm to 6:00 pm (with setup beginning at 7:00 am and cleanup ending by 8:00); and

WHEREAS, The event will be a celebration of Asian Pacific American heritage and traditions which will feature music and dance performances, martial arts and folk arts demonstrations, and the sale of food, drinks and crafts, in honor of Asian Pacific American Heritage Month; and

WHEREAS, Approximately 100 vendors are anticipated, the majority (approximately 80%) of which will be community organizations; and

WHEREAS, Money raised from food and drink sales will go to the Coalition of Asian Pacific Americans, the nonprofit organization that produces the event, which is run primarily by students and volunteers; and

WHEREAS, The setup will include a stage for the performances and six-foot wooden tables for the vendors, signage will be limited to banners announcing the event, and the applicant has represented that there will be no corporate signage, although event brochures will be distributed in which sponsors will be acknowledged; and

WHEREAS, The festival had been previously held in Union Square Park for many years and was moved to Dag Hammarskjold Plaza in 2008 and 2009 due to the construction in Union Square Park; and

WHEREAS, The applicant does not yet know the fee that will be charged for this year's event, but in 2007 (the last Union Square Park event), the applicant paid a fee of $6,000; and

WHEREAS, The event will be free and open to the public and attendance is estimated at 3,000; and

WHEREAS, The Committee found the scale, cultural diversity and community focus of the event to be an appropriate use of the Park; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by the Coalition of Asian Pacific Americans to hold the 31^st Annual Asian/Pacific American Heritage Festival in the north end of Union Square Park on Sunday, May 2, 2010 from 12:00 pm to 6:00 pm.

The above resolution passed by a vote of 41 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, Madison Square Park Conservancy has submitted an application seeking permission to conduct its annual gala fundraising reception in Madison Square Park on Tuesday May 4, 2010, from 6:00 PM until 7:00 PM; and

WHEREAS, There is a long-standing precedent for the Conservancy's reception in Madison Square Park; and

WHEREAS, Madison Square Park Conservancy has agreed that when presenting future event applications they will clearly state whether or not these 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, Madison Square Park Conservancy has agreed to return and present these changes to Community Board Five; therefore, be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct their annual gala fundraiser in Madison Square Park on Tuesday May 4, 2010.

The above resolution passed by a vote of 41 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, Madison Square Park Conservancy has submitted an application seeking permission to conduct their annual Celebrate Flatiron Chefs! program in Madison Square Park on Tuesday July 13, 2010, from 5:00 PM until 9:00 PM; and

WHEREAS, There is a long-standing precedent for the Celebrate Flatiron Chefs! event in Madison Square Park; and

WHEREAS, Madison Square Park Conservancy has agreed that when presenting future event applications, that they will clearly state whether or not these 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, Madison Square Park Conservancy has agreed to return and present these changes to Community Board Five; therefore, be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct their Celebrate Flatiron Chefs! program in Madison Square Park on Tuesday July 13, 2010

The above resolution passed by a vote of 41 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, Madison Square Park Conservancy has submitted an application seeking permission to conduct their annual Mad. Sq. Holiday Tree Lighting in Madison Square Park on Tuesday December 7, 2010, from 4:30 PM until 5:30 PM; and

WHEREAS, The Mad. Sq. Holiday Tree Lighting requires a small footprint within the park, is brief in duration, and is free of charge and open to the public; and

WHEREAS, Mad. Sq. Holiday Tree Lighting is a long standing special event, that is known to be popular among residents of our community; and

WHEREAS, Madison Square Park Conservancy has agreed that when presenting future event applications they will clearly state whether or not these 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, Madison Square Park Conservancy has agreed to return and present these changes to Community Board Five; therefore, be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct their annual Mad. Sq. Holiday Tree Lighting in Madison Square Park on Tuesday December 7, 2010.

The above resolution passed by a vote of 41 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, Madison Square Park Conservancy has submitted an application seeking permission to conduct Mad. Sq. Kids programs in Madison Square Park on Tuesday & Thursday mornings, from Tuesday June 15, 2010 through Thursday August 12, 2010 from 10:30 AM until 11:30 AM; and

WHEREAS, The proposed Mad Sq. Kids programs require a small footprint within the park, are brief in duration, and are free of charge and open to the public; and

WHEREAS, Mad. Sq. Kids programs are long standing special events, that are known to be popular among residents of our community; and

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

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

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct Mad. Sq. Kids programs in Madison Square Park from Tuesday June 15, 2010 through Thursday August 12, 2010.

The above resolution passed by a vote of 41 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, Madison Square Park Conservancy has submitted an application seeking permission to conduct Mad. Sq. Music: Oval Lawn programs in Madison Square Park on Wednesday evenings, from Wednesday June 16, 2010 through Wednesday August 4, 2010, from 7:00 PM until 8:00 PM; and

WHEREAS, The proposed Oval Lawn programs require a small footprint within the park, are brief in duration, and are free of charge and open to the public; and

WHEREAS, Mad. Sq. Music: Oval Lawn programs are long standing special events that are known to be popular among residents of our community; and

WHEREAS, In response to some criticism from some local residents relative to these performance in 2009, Madison Square Park Conservancy has agreed that in the case of inclement weather they will either cancel or reschedule concerts, rather than relocate, to avoid disturbing adjacent residents; and

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

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

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct their Mad. Sq. Music: Oval Lawn programs in Madison Square Park from Wednesday June 16, 2010 through Wednesday August 4, 2010.

The above resolution passed by a vote of 41 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, Madison Square Park Conservancy has submitted an application seeking permission to conduct Mad. Sq. Music Studio programs in Madison Square Park on Saturday afternoons, from Saturday September 11, 2010 through Saturday October 9, 2010, from 3:00 PM until 5:00 PM; and

WHEREAS, The Mad. Sq. Music Studio programs require a small footprint within the park, are brief in duration, and are free of charge and open to the public; and

WHEREAS, Mad. Sq. Music Studio programs are long standing special events that are known to be popular among residents of our community; and

WHEREAS, In response to some criticism from some local residents relative to the performance of this event in 2009, Madison Square Park Conservancy has agreed that in the case of inclement weather they will either cancel or reschedule the concerts, rather than relocate, to avoid disturbing adjacent residents; and

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

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

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct Mad. Sq. Music Studio programs in Madison Square Park from Saturday September 11, 2010 through Saturday October 9, 2010.

The above resolution passed by a vote of 41 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, Madison Square Park Conservancy has submitted an application seeking permission to conduct their Mad. Sq. Reads programs in Madison Square Park on Thursday evenings, from Thursday June 17, 2010 through Thursday August 5, 2010 from 6:30 PM until 7:30 PM; and

WHEREAS, The Mad. Sq. Reads programs require a small footprint within the park, are brief in duration, and are free of charge and open to the public; and

WHEREAS, Mad. Sq. Reads programs are long standing special events that are known to be popular among residents of our community; and

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

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

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct their Mad. Sq. Reads programs in Madison Square Park from Thursday June 17, 2010 through Thursday August 5, 2010.

The above resolution passed  by a vote of 41 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, Madison Square Park Conservancy has submitted an application seeking permission to conduct their annual Spring Kids Fest in Madison Square Park on Saturday June 5, 2010 from 10:30 AM until 1:30 PM; and

WHEREAS, Spring Kids Fest requires a small footprint within the park, is brief in duration, and is free of charge and open to the public; and

WHEREAS, Spring Kids Fest is a long standing special event known to be popular among residents of our community; and

WHEREAS, Madison Square Park Conservancy has agreed that when presenting future event applications, that they will clearly state whether or not these 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, Madison Square Park Conservancy has agreed to return and present these changes to Community Board Five; therefore, be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct their annual Spring Kids Fest on Saturday June 5, 2010.

The above resolution passed by a vote of 41 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, Madison Square Park Conservancy has submitted an application seeking permission to conduct their annual Fall Kids Fest in Madison Square Park on Saturday October 16, 2010 from 10:30 AM until 1:30 PM; and

WHEREAS, The Fall Kids Fest requires a small footprint within the park, is brief in duration, and of free of charge and open to the public; and

WHEREAS, The Fall Kids Fest is a long standing special event, that is known to be popular among residents of our community; and

WHEREAS, Madison Square Park Conservancy has agreed that when presenting future event applications they will clearly state whether or not these 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, Madison Square Park Conservancy has agreed to return and present these changes to Community Board Five; therefore, be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct their annual Fall Kid's Fest in Madison Square Park on Saturday October 16, 2010.

The above resolution passed by a vote of 41 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, NY Laughs, Inc., a not-for-profit organization, has submitted applications seeking permission to conduct Laughter in the Park 2010 comedy performances in the south end of Union Square Park on Sunday June 13, 2010 and Sunday June 27, 2010 between 2:00 PM and 4:00 PM, requiring set-up to begin at 12:00 PM and dismantling and clean-up to be completed by 5:00 PM; and

WHEREAS, The performances will be free of charge and open for public attendance; and

WHEREAS, The applicant will have one banner for the performances with minimal corporate sponsorship; and

WHEREAS, The applicant will have amplified sound provided through two 50 db speakers and is expected to apply for all of the required sound permits; and

WHEREAS, This will be the third year that Laughter in the Park performances will be held in Union Square Park, and similar special events have been previously conducted in Tomkins Square Park, Central Park, East River Park, and Marcus Garvey Park without incident or complaints; therefore, be it

RESOLVED, That Community Board Five Parks Committee recommends approval of the application by NY Laughs, Inc. to conduct Laughter in the Park 2010 performances in Union Square Park on Sunday June 13, 2010 and on Sunday June 27, 2010.

The above resolution passed  by a vote of 41 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, VivaVegie Society has submitted an application seeking permission to hold a rally and expo in concurrence with the Veggie Pride Parade in the north plaza of Union Square Park on Sunday, May 16, 2010, between 11:00 AM and 5:00 PM, requiring set-up to begin at 9:00 AM and dismantling and clean-up to be completed by 6:00 PM; and

WHEREAS, The applicant estimates that the rally and expo will be attended by approximately 500 people; and

WHEREAS, The proposed set-up will include 20 tables to be used by food venders and various vegetarian organizations, and a small speakers platform with amplification at the eastern end of the north plaza, and the applicant is expected to apply for all the required sound permits; and

WHEREAS, There will be no items for sale and the food vendors and organizations will distribute goods free to the public; and

WHEREAS, The Veggie Pride event has been successfully conducted during the previous two years, and the rally and expo will not conflict with any other planned activities in the north plaza of Union Square Park; therefore, be it

RESOLVED, That Community Board Five Parks Committee recommends approval of the application by VivaVegie Society to conduct a rally and expo in Union Square Park on Sunday May 16^th 2010, in concurrence with the Veggie Pride Parade.

The above resolution passed by a vote of 41 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Iron Star, Inc. (d/b/a "Retreat"), has notified Community Board Five of its intent to apply for a new on-premises liquor license for a bar/lounge to be located at 37 West 17th Street; and

WHEREAS, The premises is comprised of 1475 square feet of space on two floors; and

WHEREAS, The premises currently has a legal capacity of 75 patrons, which the applicant shall seek to increase to a capacity of 150 persons, and there is and will be one patron bar and one service bar; and

WHEREAS, Because of the restrictive design and layout of the premises, previous operations at the space have been the subject of complaints of overcrowding, overflow of clientele into the street and sidewalk, and other problems.

WHEREAS, With a proposed increase of the capacity from 75 to 150 patrons, such issues could only be exacerbated; and

WHEREAS, The proposed operator of the premises operates two other establishments, both of which were reported to be problematic to the community and suffering from poor management; and

WHEREAS, The Applicant's presentation to Community Board Five was unprofessional, consisted of a business plan that was neither practical nor well thought out, and did not demonstrate the business skill or potential expected of a party entitled to the privilege of holding a license to serve alcohol; therefore be it

RESOLVED, That Community Board Fiverecommends DENIAL of the on-premises liquor license by Iron Star, Inc. (d/b/a "Retreat"), for a bar/lounge to be located at 37 West 17th Street.

The above resolution passed by a vote of 41 in favor; 0 opposed; 1 abstaining.

WHEREAS, EATALY NYC LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license for a new rooftop restaurant located at 200 Fifth Avenue (the "Premises"); and

WHEREAS, the Applicant has previously applied for a separate on-premises liquor license for other space located on the ground floor of 200 Fifth Avenue, which was approved by Community Board Five without comment and is not the subject of this resolution; and

WHEREAS, the Premises consists of 5,785 square feet of space on the rooftop, with an occupancy of 212 persons, with 166 seats, and 12 bar stools; 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, the Premises complies with the Rooftop/Rear Yard Guidelines established by CB5; and

WHEREAS, the Applicant has agreed that it shall:

• construct the Premises generally in accordance with the plans annexed hereto (CB5 acknowledges that these plans are preliminary but approves the general concept and specifications). Applicant shall provide final plans and specifications to CB5, which plans and specifications shall include a glass wall along the perimeter of a portion of the space for safety and sound blockage;

• operate seasonally;

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

• not permit smoking in the Premises;

• meet with neighbors and CB5 on a regular basis if requested to immediately address any complaints from the community; and

WHEREAS, Applicant has agreed that the hours of operation of the Premises shall be no later than 12:00 midnight Sunday through Thursday and 1:00 AM Friday and Saturday; and

WHEREAS, Applicant has engaged a sound engineer and delivered a very comprehensive report concluding that the proposed operation should not produce sound that would negatively affect the surrounding neighbors; 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, 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 approval of a new on premises liquor license to EATALY NYC LLC for a new on premises liquor license for a rooftop restaurant located at 200 Fifth Avenue.

The above resolution passed by a vote of 41 in favor; 0 opposed; 1 abstaining.

Community Board Five wishes to express its concern about the possibility of a route change for next year's Thanksgiving Day Parade

 The Macy's Thanksgiving Day Parade has become a New York tradition beloved by residents and visitors alike for many generations. There is simply no public space in the city that rivals Times Square in terms of its energy, identification as the heart of New York City to the world and to the millions who watch the television broadcast and attend the parade in person.

We understand that The Hotel Association of New York City has verified that there are 7,244 hotel rooms facing the parade route on  Seventh Avenue that are utilized by guests during the parade day and during the Thanksgiving holiday weekend. We also wish to mention that Times Square is home to numerous advertising billboards which give the district its unique character and help to promote the city and this area as the advertising capital of America. These advertisers consider the exposure of the Thanksgiving Parade to be a major asset in their advertising campaigns. Changing the parade route would significantly impact on these important businesses

In addition, the creation of the new Broadway Plaza now allows for maximizing the number of parade viewers as well as increasing the quality of their experience. Press coverage of this year's parade stressed that the plazas offered better street views than in recent years,

Community Board Five would therefore like to request that all efforts be made to enable the Thanksgiving Day Parade to continue its traditional route through Times Square. We feel that changing the parade route would significantly impact on several key businesses in the Times Square neighborhood and deny New York City and Times Square of an important moment of exposure to the world.

Keeping the parade route through Times Square makes good business sense and we hope [the City of New York] understands our concern about its possible loss.