January 2011

WHEREAS, The applicant seeks a permit to install and operate a newsstand on NEC of West 45^th Street and 7^th Avenue; and

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

WHEREAS, The proposed site falls within the CB5 moratorium on new street furniture; and

WHEREAS, The proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The proposed newsstand would negatively impact pedestrian traffic by creating further congestion; and

WHEREAS, Further impediment to pedestrian flow might cause people to walk out into the street, thus creating an unsafe condition; and

WHEREAS, The area is already adequately served by existing newsstands at the NWC of 46^th & Broadway, the NEC of 43^rd & Broadway, and other vendors within the Times Square area; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on NEC of West 45^th Street and 7^th Avenue.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on NWC 42^nd Street and 7^th Avenue; and

WHEREAS, The proposed site falls within the CB5 moratorium on new street furniture; and

WHEREAS, The proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The proposed newsstand would negatively impact pedestrian traffic by creating further congestion; and

WHEREAS, Further impediment to pedestrian flow might cause people to walk out into the street, thus creating an unsafe condition; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on NWC 42^nd Street and 7^th Avenue.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SEC of West 30^th Street and 8^th Avenue; and

WHEREAS, The applicant proposed the narrowest news stand option allowed by the City; and

WHEREAS, The proposed site has high pedestrian traffic but not enough to be prohibitive; and

WHEREAS, The proposed newsstand would not negatively impact pedestrian traffic due to its size, moderately high pedestrian traffic, and width of sidewalk; therefore be it

RESOLVED, That Board Five recommends approval of the application to install a newsstand on SEC of West 30^th Street and 8^th Avenue.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SEC 42^nd Street and Broadway; and

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

WHEREAS, The proposed site falls within the CB5 moratorium on new street furniture; and

WHEREAS, The proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The proposed newsstand would negatively impact pedestrian traffic by creating further congestion; and

WHEREAS, Further impediment to pedestrian flow might cause people to walk out into the street, thus creating an unsafe condition; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on SEC 42^nd Street and Broadway.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SEC of Park Avenue and 33^rd Street; and

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

WHEREAS, The proposed site falls within the CB5 moratorium on new street furniture on Park Avenue; and

WHEREAS, The area is already adequately served by the existing newsstand directly across the street at the NEC of Park and 33^rd, area news boxes, and other local vendors in the Park Avenue corridor; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on SEC of Park Avenue and 33^rd Street.

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

WHEREAS, A census commissioned by the New York City Council released in 2008 indicated that on any given night 3,800 youth experience homelessness in NYC; and

WHEREAS, Recent studies have indicated that homeless LGBT youth, most of whom suffer homelessness because of being rejected by families who will not accept them, are at heightened risk for suicide, with 62% reporting having attempted suicide; and

WHEREAS,  LGBT youth have a more difficult time accessing mainstream shelters where they are often subjected to homophobic abuse, and are therefore more likely to rely on drop-in and outreach services; and

WHEREAS,  On Friday, November 26th, 2010, the New York City Dept. of Youth and Community Development (DYCD) announced that due to city- and state-level budget cuts, it will be reducing its Runaway and Homeless Youth Services expenditures by $969,407 in the current 2011 fiscal year, and by a further $700,000 in Fiscal Year 2012; and 

WHEREAS, Homeless LGBT youth, who make up 40% of the homeless youth population nationally, would be disproportionately impacted by these cuts, with both the Ali Forney Center and the Bronx Pride Center losing 50% of the City funds that support their drop-in programs for LGBT youth; and      

WHEREAS, Cuts were already made to Out of School Time (OST) programs, that effectively ended DYCD funding to LGBT youth-serving organizations, and now there is a proposal to cut funding to Street Outreach Programs by 50% in Fiscal Year 2011, and entirely eliminate them in FY 2012; and

WHEREAS, The City additionally plans to cut Council-funded Drop-in-Centers by 50% in FY 2011 and DYCD- funded Borough-wide Drop-in-Centers by one third in FY 2011 and again by 23% in FY 2012; and

WHEREAS, Reducing these services would leave LGBT youth stranded on our streets without support, forcing many of them to turn to drugs and prostitution and theft to survive, and putting them at risk for HIV/AIDS and criminal prosecution, which would cost the city significantly more money than the preventative services being cut; and 

WHEREAS, In June 2010,  a 25-member Commission, appointed by Mayor Bloomberg in October 2009,  called for 200 additional beds for LGBT youth and expanded drop-in center hours (with a particular focus on the need for overnight drop-in hours) and expanded street outreach; and

WHEREAS, On January 6, 2011, City Council Speaker Christine C. Quinn and Finance Committee Chair Domenic M. Recchia Jr. announced that the Council and Administration had reached a budgetary agreement on the Fiscal Year 2011 financial plan that fully restores the spending reductions to homeless youth programs proposed by Mayor Bloomberg in the November financial plan; therefore be it

RESOLVED, That Community Board Five thanks City Council Speaker Christine Quinn and the Council Assistant Majority Leader and Youth Services Committee Chair Lewis Fidler for their strong and dedicated leadership in seeking to have these funds restored to DYCD's budget for its vital services and programs for homeless LGBT; and be it further

RESOLVED, That Community Board Five voices strong objection to any future budget proposals that would cut services to Runaway and Homeless Youth programs and urges the City to find other ways to balance the budget that will not put our most vulnerable and at-risk residents in further jeopardy.

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

WHEREAS, 52 West 22nd Street (between 5th & 6th Avenues) is a four-story townhouse built in 1851 and located within the Ladies Mile Historic District; and

WHEREAS, The building is 23 feet wide, faced in painted brownstone, with many original details; and

WHEREAS, A fifth and sixth floor, comprising a duplex apartment, was constructed in 2007; and

WHEREAS, The two additional floors are not visible from the street from any direction; and

WHEREAS, The application calls for adding a 167 square foot addition to the roof apartment to provide additional living space; and

WHEREAS, The proposed addition will also not be visible from the street from any direction; and

WHEREAS, The materials being used for this unit will match the existing materials in the apartment constructed in 2007; therefore be it

RESOLVED, That Community Board 5 recommends approval of the application for a penthouse addition at 52 West 22^nd Street.

The   resolution passed by a vote of 28 in favor; 0 opposed; 1 abstaining.

WHEREAS, Elephant Ride Inc. has submitted an application to conduct a special event to celebrate Father's Day in Union Square Park on Sunday June 19, 2011 between the hours of 3:00 PM and 7:00 PM; and

WHEREAS, NYC Bhangra Dance, an organization that promotes Indian folk dance, would conduct classes in the North Plaza of Union Square Park; and

WHEREAS, NYC Bhangra Dance has conducted this event during the previous two years, without incident or complaint, including a celebration in a plaza outside of Central Park that drew approximately 30 to 50 participants; and

WHEREAS, Musical accompaniment for the proposed dance classes would be provided by two-sided drums with muffs to control the sound levels, as well as some pre-recorded music, and amplified sound for the instructor; and

WHEREAS, The applicant would provide information on Indian folk dance and classes that are available throughout the city; and 

WHEREAS, The proposed event would open for public participation, would be free of charge, would require a small footprint in the park, and would offer cultural and educational benefits, therefore be it

RESOLVED, That Community Board Five recommends approval of Elephant Ride Inc.'s application to conduct a special event in Union Square Park on Sunday June 19, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Federation of Turkish Americans  has submitted an application to conduct a special event to celebrate Turkish American Day in Bryant Park on Friday May 27, 2011 between the hours of 12:00 PM and 2:00 PM; and

WHEREAS, The applicant would provide musical and cultural entertainment in the form of traditional dances and songs of cultural relevance to the Turkish community; and

WHEREAS, The applicant would utilize amplified sound for a limited period of time; and

WHEREAS, This celebration would coincide with the 29th annual Turkish American Day parade scheduled to commence the following day; and

WHEREAS, The applicant has previous experience producing this identical event in Bryant Park without incident or complaint; and

WHEREAS, The proposed event would not require a large amount of space, is brief in duration, and limited to 45-50 celebrants; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Federation of Turkish Americans to conduct a special event in Bryant Park on Friday May 27, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstaining.

WHEREAS, Madison Square Park Conservancy has submitted an application for a special event to be conducted in Madison Square Park on Friday September 2 through Sunday September 11, 2011, in order to exhibit live broadcasts of the US Open matches; and

WHEREAS, The proposed event has been previously conducted in 2005, 2006, 2007, 2008 and 2010; and

WHEREAS, The proposed event would once again be sponsored by American Express, who would be paying a six-figure donation to the Madison Square Park Conservancy; and

WHEREAS, As in previous years, a Jumbotron screen would be erected near the Farragut Monument, bleachers would be on the plaza, a viewing area would be set-up in the drained reflecting pool, and food concessions would be provided by companies to be determined by an RFP; and

WHEREAS, At this time activities during the proposed event are limited to the northern section of the park, and there is no intention to utilize the southern section of the park for this event; and

WHEREAS, The US Open will be broadcast with sound daily from approximately 11:00 AM until 11:00 PM, and if events run later than 11:30 PM the Jumbotron will be shut off and an announcement will be made each evening that the screen will be shut down at 11:30 PM; and

WHEREAS, Nothing other than US Open tennis match broadcasts with commercials will be displayed on the Jumbotron; and

WHEREAS, If beer and wine are sold for consumption, this would be in selected areas and all wine and beer licenses would be displayed, service would stop at 9:30 PM and the vendors would be responsible to monitor where the purchaser goes within the park and security personnel would be posted by the concessions; and

WHEREAS, Although there will be significant corporate signage, the number of signs will be reduced in comparison to previous years and over the last five years the proposed event's commercial nature has been reduced significantly; and

WHEREAS, The sponsor will be making a substantial donation to the Madison Square Park Conservancy; and

WHEREAS, Through the years, the issues of sound, security, refuse, park space for commercial promotion, the length of event and the evening schedule of events have all been addressed and have all greatly improved; therefore, be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's proposed special event for the broadcast of the US Open matches in Madison Square Park on Friday September 2 through Sunday September 11, 2011.

The above resolution passed by a vote of 27 in favor; 1 opposed; 1 abstaining.

WHEREAS, Madison Square Park Conservancy has submitted an application seeking permission to conduct their annual Celebrate Flatiron Chefs! event in Madison Square Park on Tuesday July 12, 2011, from 5:00 PM until 9:00 PM; and

WHEREAS, Celebrate Flatiron Chefs! would be a ticketed fundraising event featuring local chefs benefiting the Madison Square Park Conservancy, and this would be anticipated to raise approximately $125,000.00; and

WHEREAS, There is a long-standing precedent for the Celebrate Flatiron Chefs! fundraiser 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! fundraiser in Madison Square Park on Tuesday July 12, 2011

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstaining.

WHEREAS, Madison Square Park Conservancy has submitted an application seeking permission to conduct a series of special events, which would be sponsored by Delta, for the broadcast of three (3) Mets/Yankees Subway Series games on a Jumbotron near the reflecting pool in Madison Square Park; and

WHEREAS, The evening games on Friday May 20 or Friday July 1 will start at 7:00 PM, and the afternoon games on Saturday May 21 and Sunday May 22 or on Saturday July 2 and Sunday July 3 will start at 1:00 PM; and

WHEREAS, These proposed events, known as the Delta Dugout series, which were previously conducted on Friday Saturday and Sunday June 18, 19 and 20, 2010, would be similar to the special events for the broadcast of the U.S. Open matches, where activities are free and open to the public; and

WHEREAS, Last year, Delta contributed $120,000 to the Madison Square Park Conservancy, and it is expected that they would either match or increase their contribution for 2011; and

WHEREAS, This proposed event would feature a screen to show the games, a set of bleachers near the screen, and local food vendors on the north end of Madison Square Park; and

WHEREAS, The south end of the park would be utilized for children's activities such as batting cages, pitch throwing, and baseball clinics, which will all be shut down when the games start; and

WHEREAS, The proposed event would include a Delta Dugout lounge on the south end of the park, which would be free and open to the public, and have minimal and unobtrusive signage; and

WHEREAS, Nothing other than the baseball game broadcasts with commercials will be displayed on the Jumbotron; and

WHEREAS, If beer and wine are sold for consumption, this would be in selected areas and all wine and beer licenses would be displayed, service would stop at 9:30 PM and the vendors would be responsible to monitor where the purchaser goes within the park and security personnel would be posted by the concessions; 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 the previous year 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; and

WHEREAS, With very little promotional intent, the proposed event would provide New York baseball fans - who may not be able to afford to be spectators at CitiField or Yankee Stadium - with the opportunity to watch our hometown teams playing against one another, in an outdoor setting on a late spring or early summer afternoon or night; therefore, be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct the Delta Dugout special events for the broadcast of the Mets/Yankees games in Madison Square Park either on Friday, Saturday and Sunday May 20, 21 and 22, 2011, or on Friday, Saturday and Sunday July 1, 2 and 3, 2011.

The above resolution passed  by a vote of 27 in favor; 1 opposed; 1 abstaining.

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 6, 2011, 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 6, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstaining.

WHEREAS, Madison Square Park Conservancy has submitted an application seeking permission to conduct their annual Kids Fest events in Madison Square Park on Saturday June 4, 2011 and on Saturday October 15, 2011, from 10:30 AM until 1:30 PM; and

WHEREAS, Each of these events would be conducted with their corresponding spring and autumn seasonal themes, and these would provide activities and amenities such as music, crafts, book readings, food, and face painting; and

WHEREAS, Kids Fests require a small footprint within the park, are brief in duration, and are free of charge and open to the public; and

WHEREAS, Kids Fests are long standing special events 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 Kids Fests in Madison Square Park on Saturday June 4, and on Saturday October 15, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstaining.

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 14 through Thursday August 11, 2011 from 10:30 AM until 11:30 AM; and

WHEREAS, These proposed weekly events are hour-long concerts for children which are conducted near the reflecting pool; 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 14, 2010 through Thursday August 11, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstaining.

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 15 through Wednesday August 3, 2011, 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 of these performances in previous years, Madison Square Park Conservancy has agreed to work with engineers to minimize the sound impact, 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 15 through Wednesday August 3, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstaining.

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 10 through Saturday October 8, 2011, 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, Unlike the Mad. Sq. Music: Oval Lawn special events, there have been no known complaints regarding these particular concerts, however Madison Square Park Conservancy has agreed to work with engineers to minimize the sound impact, 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 10 through Saturday October 8, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstaining.

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 30 through Thursday August 4, 2011 from 6:30 PM until 7:30 PM; and

WHEREAS, These proposed weekly events are hour-long author readings which are conducted near the reflecting pool; 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 30 through Thursday August 4, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstaining.

WHEREAS, Wunderman has submitted an application seeking permission to conduct a product sampling event for DiGiorno pizza and to break the Guinness Book of World Records for the most simultaneous high fives in the North Plaza of Union Square Park on Thursday, February 3, 2011; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five's Parks Committee meeting on Monday, January 3, 2011 to present their proposal for review; and

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

RESOLVED, That Community Board Five recommends denial of the application by Wunderman to conduct a product sampling event for DiGiorno pizza to break the Guinness Book of World Records for the most simultaneous high fives in the North Plaza of Union Square Park on Thursday, February 3, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstaining.

WHEREAS, Larry McIntyre, on behalf of Farmhouse Productions LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for the ground floor restaurant to be located at 5 West 21st Street (between Fifth and Sixth Avenues), New York, New York  (the "Premises"); and

WHEREAS, The principal of Applicant is an experienced restaurateur, with an impressive resume and a list of successful, well-known, and highly reputable restaurants; and

WHEREAS, The Applicant has appeared before Community Board Four in the past and has before received approval for a new liquor license at another location; and

WHEREAS, The Applicant has engaged in substantial community outreach and has received favorable endorsements by a local neighborhood association and persons; and

WHEREAS, The proposed method of operation at the Premises is as a restaurant consistent with the previous operation at the Premises, which was not problematic in the neighborhood; and

WHEREAS, The Premises consists of approximately 2,400 square feet of indoor space on the ground floor, plus additional basement space for non-patron use; and

WHEREAS, The Premises will be operated exclusively as a restaurant with a small patron bar and fully constructed kitchen, all totaling 74 seats (including barstool seating); and

WHEREAS, Estimated patron usage is limited to 74 including kitchen staff and all personnel in accordance with the current Certificate of Occupancy; and

WHEREAS, The Premises will include 1 patron bar and includes no outdoor space; and

WHEREAS, Applicant has agreed that it shall:

a.              operate the Premises as a restaurant with seated bar and dining service only. Private parties shall be deemed included in restaurant use, but promoter-driven public events are specifically excluded from restaurant use;

b.             not use external party promoters;

c.              limit hours of operation from 11:00 am to 12:00 am Monday through Thursday and Sunday, and  11:00 am through 1:00 am Friday and Saturday;

d.             at all times use best 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; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

e.              use best efforts to clear all garbage and debris from the area in front of and surrounding the premises immediately after closing;

f.              use recorded music inside premises only; and at no time employ or use a DJ or other form of live music;

g.              prohibit dancing at the Premises at all times and further agree to not apply for a cabaret license;

h.             not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

i.               discourage customers from loitering outside the Premises at any time;

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

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

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

WHEREAS, Should Larry McIntyre ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations, and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Farmhouse Production LLC for a new on-premises liquor license for the ground floor restaurant located at 5 West 21^st Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

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

WHEREAS, M & S Music Studio Inc. ("Applicant"), has notified Community Board Five of its intention to apply for renewal of an on-premises liquor license for a karaoke bar located on the third floor at 28 West 32^nd Street (between Fifth Avenue and Broadway), New York, New York  (the "Premises"); and

WHEREAS, The Premises is 1,407 square feet of space on the third floor, with 6 tables and 35 seats, with a total capacity of 40 persons; and

WHEREAS, Although the current use of the Premises is as a music studio with occupancy for 40 persons, the Certificate of Occupancy for the Premises permits use of the Premises only by 10 persons; and

WHEREAS, Although the Applicant was requested to appear at the January 5, 2011 meeting of the Public Safety/Quality of Life Committee meeting of CB5, Applicant failed to appear at committee and failed to send their attorney or any other representative; and

WHEREAS, The Premises is on the third floor of the building and we find that the premises is unsafe because of the lack of sufficient emergency egress; therefore be

RESOLVED, That the State Liquor Authority shall be put on notice that the current method of operation for the Premises as a karaoke bar with occupancy for 40 persons is in violation of the Certificate of Occupancy for the Premises; and be it further

RESOLVED, That Community Board Five recommends denial of the application by M & S Music Studio Inc. for renewal of an on-premises liquor license for a karaoke bar located on the third floor at 28 West 32^nd Street (between Fifth Avenue and Broadway), New York, New York.

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

WHEREAS, SH 28 Inc. ("Applicant"), has notified Community Board Five of its intention to apply for a new wine and beer license for a restaurant currently located on the ground floor at 28 West 32^nd Street (between Fifth Avenue and Broadway), New York, New York  (the "Premises"); and

WHEREAS, The Premises is 1,249 square feet of space on the ground floor, with 16 tables  and 62 seats, with a proposed occupancy of 62 persons; and

WHEREAS, The Premises has been operated by applicant as a restaurant for approximately a year; and

WHEREAS, The principal of Applicant is an experienced and respected operator of another restaurant in the neighborhood; and

WHEREAS, Although the current use of the Premises is as a restaurant with occupancy for 62 persons and the Certificate of Occupancy for the Premises permits use of the Premises as a retail store with occupancy for 10 persons, Applicant has filed an Alteration Type 2 application with the New York City Department of Buildings to permit occupancy by 62 persons and to permit the use of the Premises as currently used, but such Alteration Type 2 Application does not require amendment of the Certification of Occupancy; and

WHEREAS, Applicant has agreed to file an Alteration Type 1 application with the New York City Department of Buildings to amend the Certificate of Occupancy to permit 62 persons and to permit the valid use of the Premises as currently used; and

WHEREAS, The Premises is on the ground floor of the building and has 2 means of emergency egress and we find no safety concerns about patrons exiting the Premises in case of emergency; therefore be

RESOLVED, That the State Liquor Authority shall be put on notice that the current method of operation for the Premises as a restaurant with occupancy for 62 persons is in violation of the Certificate of Occupancy for the Premises; and be it further

RESOLVED, That Community Board Five recommends denial of the application by SH 28 Inc. for a new wine and beer license for a restaurant currently located on the ground floor at 28 West 32^nd Street (between Fifth Avenue and Broadway), New York, New York, unless an Alteration Type 1 application is filed with the New York City Department of Buildings to amend the Certificate of Occupancy for the Premises to permit 62 persons and to permit the valid use of the Premises as proposed.

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

WHEREAS, Union Square Operating, Inc. ("Applicant"), has notified Community Board Five of its intention to apply for an alteration to its existing liquor license for the restaurant at 34 Union Square East (at 16^th Street) (the "Premises") to serve alcohol at a sidewalk cafe; and

WHEREAS, The "small sidewalk café" with 11 tables and 30 seats, all along 16th Street, was approved by CB5 in October 2010; and

WHEREAS, The sidewalk café would close no later than 10 PM from Sunday to Wednesday, and 11 PM from Thursday to Saturday; and

WHEREAS, The applicant has agreed to reduce the size of its currently oversized awnings and signage to bring it in keeping with the character of Union Square and presented drawings for new signage to CB5; and

WHEREAS, There was no concern expressed by the public against the service of alcohol at the sidewalk café; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Union Square Operating, Inc. for an alteration to its existing liquor license for the restaurant at 34 Union Square East to serve alcohol at its sidewalk cafe.

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

WHEREAS, Music Story Inc. ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for a karaoke bar to be located on the fifth floor at 34 West 32^nd Street (between Fifth Avenue and Broadway), New York, New York  (the "Premises"); and

WHEREAS, The Premises is 4,000 square feet of space on the fifth floor, with 12 tables, 60 chairs and 6 bar stools, with a proposed occupancy of 66 persons; and

WHEREAS, The Premises is currently used as a karaoke bar known as Casablanca; and

WHEREAS, The principal of Applicant is an experienced and respected operator of another karaoke bar in the neighborhood; and

WHEREAS, The Premises has 2 elevators and 2 means of emergency egress, to wit, an interior enclosed staircase and an exterior fire escape 44" wide; and

WHEREAS, Although proposed occupancy of the Premises is 66, the Certificate of Occupancy for the Premises permits only 45; and

WHEREAS, Applicant has agreed to file an Alteration Type 1 application with the New York City Department of Buildings to amend the Certificate of Occupancy to permit 66 persons and to permit the valid use of the Premises as proposed; and

WHEREAS, Applicant has agreed to monitor occupancy at all times to not exceed permitted occupancy; therefore be it

RESOLVED, That the State Liquor Authority shall be put on notice that the proposed method of operation for the Premises with occupancy for 66 persons is in violation of the Certificate of Occupancy for the Premises; and be it further

RESOLVED, That Community Board Five recommends denial of the application by Music Story Inc. for a new liquor license for a karaoke bar to be located on the fifth floor at 34 West 32^nd Street (between Fifth Avenue and Broadway), New York, New York, unless an Alteration Type 1 application is filed with the New York City Department of Buildings to amend the Certificate of Occupancy for the Premises to permit 66 persons and to permit the valid use of the Premises as proposed.

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

WHEREAS, Comedy Club of NYC Inc. ("Applicant") has notified Community Board Five of its intention to file an application with the New York City Department of Consumer Affairs for a cabaret license (the "Cabaret License") for a space located at 163 West 46^th Street, New York, NY (the "Premises"); and

WHEREAS, The Premises is a huge 11,000 square foot space; and

WHEREAS, The Applicant operates a comedy club with three distinct, below-grade, performance spaces at the Premises; and

WHEREAS, The Applicant produces limited engagement comedic entertainment and/or performance events that often incorporate dancing; and

WHEREAS, Applicant testified that on numerous occasions the Applicant has received violations by the NYPD and/or Mayor's Task Force for audience dancing at the Premises in connection with performance events without a cabaret license and Applicant agreed to provide copies of such violations to CB5; and

WHEREAS, Applicant failed to deliver copies of any violations; and

WHEREAS, After an independent inquiry to all applicable city agencies, CB5 was unable to find any evidence that cabaret violations have ever been issued against the Premises as the Applicant testified; and

WHEREAS, Applicant testified that the Applicant's lease for the Premises contains use restrictions that prohibit use of the Premises as a nightclub and Applicant agreed to provide a copy of such use restriction; and

WHEREAS, Applicant failed to deliver a copy of the use provision of their lease which prohibits use of the Premises as a nightclub; and

WHEREAS, Strong opposition to the issuance of a cabaret license for the Premises was voiced by the West 46^th Street Block Association because of the nature of the location as a very residential block and because of the location of a school on the block as well; and

WHEREAS, Strong opposition to the issuance of a cabaret license for the Premises was voiced by The Church of Saint Mary the Virgin because a cabaret operation at that location is inappropriate in such close proximity to the church; and

WHEREAS, Strong opposition to the issuance of a cabaret license for the Premises was voiced by the Hells Kitchen Neighborhood Association because, although the Association has no problem with the method of operation as it is, they are concerned that licensing such a large venue for cabaret will be uncontrollably damaging to the neighborhood; and

WHEREAS, Applicant's failure to deliver the violations and lease restriction provisions as agreed is bad faith and calls Applicant's credibility into question; and

WHEREAS, We find Applicant's purported motive for pursuing a cabaret license in order to permit audience dancing in connection with theatrical performances not credible and not customary in other performance spaces; and

WHEREAS, Potential harm to the community is too great should the Premises be used as a nightclub if a cabaret license is issued for the Premises; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Comedy Club of NYC Inc. for a cabaret license at 163 West 46^th Street, New York, New York.

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

In September 2010, Vikki Barbero, Chair of Manhattan Community Board Five, established a five-member task force to examine the potential impacts of the New York City Department of Transportation's (DOT) proposed 34^th Street Transitway. The 34th Street Transitway project proposes to create a set of fully protected bus lanes from the FDR Drive to 12th Avenue, as well pedestrian crossing islands and sidewalk expansions to address pedestrian safety needs. Task force members were drawn from CB5's Transportation and Environment Committee.  With Nancy Goshow as chair, the team includes Joe Ferrara, Michael Keane, Joel Maxman, and Brendan O'Malley.   

Over the foregoing months, the CB5 task force has participated in several DOT proposal presentations; outreach meetings; and public forums.  Members also met with Manhattan Borough Commissioner Margaret Forgione and the 34^th Street Transitway project team to present our list of concerns.  These concerns are divided into six (6) substantive areas of analysis:

§     Property owners

§     Business owners

§     Residents

§     Pedestrians

§     Existing public transit and infrastructure

§     Vehicular traffic in and around the 34^th Street corridor.

These six (6) areas of analysis each contain all or a portion of the following 17 critical issues:

At a November 22, 2010, the CB5 Transitway Task Force held a public forum to present the list of critical issues as well as gather additional input from District Five stakeholders, including property and business owners; and residents. 

The following section discusses in greater detail the critical issues identified by CB5 34^th Street Transitway Task Force. It should be noted here that these recommendations are a "work in progress"; some issues will require further analysis.

Pedestrian Safety and Mobility

DOT should examine pedestrian safety issues related to the various lane configurations proposed.  For example, how does opting for a median-aligned busway instead of a side-aligned busway impact pedestrian safety given that the former requires pedestrians to cross the street to reach boarding points, and alighting passengers to the street to reach the sidewalk.

Access and accommodations for the elderly and/or physically challenged

All buses and stations must be designed to be ADA compliant.  At-grade boarding and alighting should be implemented at all stations. Also, the final design must provide for bus driver visibility of waiting passengers; safe and secure transit stop waiting pads; adequate and strategically located curb cuts; sufficient drainage; and easy sidewalk maintenance at bus stations. 

Air and Noise Impact

Air and noise pollution should be alleviated by requiring all buses permitted to use the Transitway to be clean air hybrid type buses with significantly reduced carbon emissions and reduced noise engines.

Tour, Commuter, Jitney Buses

The plan must also include a master plan that demonstrates sufficient accommodations for tour, commuter and jitney buses.  Existing stops and boarding/alighting areas for private bus companies along or in close proximity to 34^th street should be identified on a map to show areas where there is the potential for higher pedestrian volume along sidewalks and at crossing points. 

Emergency Vehicle Access and Mobility

Consideration should be given to Emergency vehicle access and mobility. The DOT should examine how the proposed lane re-configuration might impact emergency vehicles.

Building Access and Quality of Life

Review on impacts to building access and quality of life reveal problems that could be created by the proposed 34^th Street Transitway.  This is an underlying theme throughout all components of the project.

Economic Development

DOT should analyze closely potential economic development impacts associated with the proposed 34^th Street Transitway project. Changes in traffic patterns carry with it a potential impact on the nearby businesses. For example, a convenience store located on the side of the proposed bus lane might enjoy an increase in pedestrian traffic, while a competitor located on the opposite side might suffer from a decline in foot traffic.  Moreover, the impact on non-ground-floor commercial activity will likely require higher operating costs and inconvenience based on restricted access.  Some businesses will suffer from higher delivery or servicing costs based on locations that do not offer ready curb-side access from 34^th Street.  There will also be isolated instances in which non-ground-floor businesses serve customers with special-access needs, and mitigation under such circumstances may only be achieved through relocation.  Community Board Five urges that these businesses be identified through the community outreach process to understand the scope of relocation assistance that might be necessary.

Such impacts should be analyzed by size of operation, type of establishment, and customer base. We thus request that a full economic impact study be conducted to measure the likely impact on the retail trade.  We request that the economic impact study consider the changes in pedestrian traffic flow quantity and quality by block (north and south sides), and mapping of each of the existing retail establishments by size and type of retail activity (e.g., food, convenience, clothing, pharmacy, etc.).  We believe that different variables will drive the overall increase or decrease in retail activity for each type of store depending on where they are located relative to changes in pedestrian traffic flow. 

The environmental impact study needs to fully engage an economic analysis that segments the retail trade by type of establishment and traffic flow.  The CEQR guidelines are too generic, consider impact in the aggregate, and do not look at the type of retail that will flourish or diminish under the new pedestrian traffic flow.  Community Board Five would like to see real input from the retail community and from retail experts as part of a robust economic impact study.  Regarding non-ground-floor uses, Community Board Five urges that all businesses dependent on special access be identified and that a mechanism be created to mitigate negative impacts on a case-by-case basis.  Many of the negative impacts for non-retail can be mitigated through planning and possible limited relocation, however, the lack of planning and analysis with regard to the impact on retail trade is of high concern.  Targeted outreach to retailers by segment must be undertaken and studied.

Vehicular and Bicycle Traffic

CB5 agrees with DOT that a comprehensive traffic study must be undertaken. DOT has suggested a three-part traffic analysis that would include:

§    Local detailed simulation for 34^th Street and the nearby street network (14^th to 59^th Streets, river to river), including how the 34^th Street truck route would be diverted;

§    Citywide analysis such as diversions from the George Washington and the Verrazano Narrows Bridges;

§    Regional traffic impacts including mode shifts.

CB5 would like to see an expanded and more comprehensive DOT traffic study that would include the following:

§    An enlarged study area to include 60^th Street, river to river, including the 59^th Street Bridge, the Lincoln Tunnel and Queens Midtown Tunnel

§    Analysis of both peak and off-peak times during all seasons of the year

§    The impact of the bike lanes being implemented by DOT on every street in the enlarged study area and a thorough analysis of existing and future bike traffic safety rules, regulations and enforcement

§    Safety and protection of students arriving and departing from schools located in the study area and the potential impacts of traffic diverted from 34^th Street on their safety.  This is especially important in light of certain high accident areas such as Park and 32^nd Street just outside of Norman Thomas High School.

Conclusion

Community Board Five applauds the Department of Transportation's extensive community outreach efforts in association with the proposed 34^th Street Transitway project. We are confident that such inclusive community-based planning will result in a transitway system that benefits the District's residents, business-owners and visitors alike. Looking forward, we welcome further collaboration with the DOT Transitway project team to address the concerns and recommendations raised herein, and are committed to maintaining a healthy partnership as we fulfill our respective civic duties.