January 2012

WHEREAS, The applicant seeks to operate an existing reconstructed enclosed sidewalk café at 225 Park Avenue South (aka 111 East 18th Street); and

WHEREAS, The original application for this sidewalk café was approved for a larger footprint in March of 2008 under a different owner; and

WHEREAS, It was later determined that the existing café was too near the underground Con-Ed generator vaults; and

WHEREAS, This new applicant reconstructed the existing enclosed sidewalk café adding back an additional three feet of sidewalk space thereby making it compliant with DCA regulations; and

WHEREAS, There were no complaints on file and no one was present to speak against this application; therefore be it

RESOLVED, That Community Board Five recommends approval of the existing enclosed sidewalk at 225 Park Avenue South / 111East 18th Street. Thank you for the opportunity to comment on this matter.

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

WHEREAS, The applicant seeks to install and operate a newsstand at the Southeast corner of 7th Avenue and Central Park West; and

WHEREAS, An application for a newsstand at this same location was denied by the Design Commission in March of 2009 because it blocked the view of the 'PARK UNFOLDING'; and

WHEREAS, The New York Athletic Club, a landmarked building, is located at this same street corner (59th Street and 7th Avenue) and is sponsor to many major amateur athletes, as well functioning as a hotel and center for business and social events; and

WHEREAS, The NY Athletic Club has a picture window which has a singular view of Central Park which would be obstructed by the presence of the proposed newsstand; and

WHEREAS, Several members of the club and general public were present to speak to these issues, and

WHEREAS, This location, in the corridor leading from Times Square to Central Park, has extremely heavy pedestrian traffic; and

WHEREAS, The presence of additional street furniture could potentially cause pedestrians to walk into street traffic at this already extremely dangerous street corner; and

WHEREAS, Pedestrians in street traffic create a particularly dangerous situation; therefore be it

RESOLVED, That Community Board Five recommends denial of a newsstand at the corner of 7th Avenue and Central Park South; and be it further

RESOLVED, That Manhattan Community Board Five urges the New York City Department of Transportation 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 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SWC of Union Square West and East 15^th Street, and

WHEREAS, The applicant's measurements and schematic drawings are incorrect and therefore non-compliant with DCA and DOT regulations; and

WHEREAS, There is a required 35 feet of space between the main bank entrance and the Sketcher's retail space (which is broken down to include a required 15 ft of space between the bank entrance and the newsstand, 10ft for the newsstand itself, and the required 10 ft. of space between the newsstand and any retail entrance); and

WHEREAS, The above required total is 35 feet; the measurements subsequently done by members of Community Board Five show that only 24 ft. 10 inches of space actually exists;  and

WHEREAS, this distance is more than 10 ft. deficient from making it compliant; and

WHEREAS, Five individuals (Union Square Partnership / Victoria Owner's Corporation / Newark Knight Frank / Buchbinder & Warren LLC / 15 Union Square Condominium) presented information in the interest of the community surrounding the Union Square Park to oppose the proposed newsstand; and

WHEREAS, Their collective concerns involve:

a)  increased pedestrian traffic, specifically that there has been a 59% increase at intersections surrounding the Union Square Park between 2003-2008; and

b)  that a newsstand location would inhibit access along the narrow street that is Union Square West; and

c)  that this proposed newsstand would unnecessarily duplicate services already found in the immediate vicinity, specifically an existing newsstand in the NWC of 14^th Street and Union Square West and a 'brick and mortar'  convenience store between 15^th and 16^th - less than a block away; and

WHEREAS, CB5 already has serious concerns about pedestrian safety at this street corner and all around the Union Square Park area; and

WHEREAS, The newly approved construction of a middle school and high school in CB5 on the South side of East 15th Street, between 5th Avenue and Union Square West should also be a consideration and although it is not yet constructed, once it is finished, the pedestrian traffic in that area will dramatically increase due to the student population that will be attending the school; and

WHEREAS, The placement of the proposed newsstand would only serve to increase pedestrian congestion thereby potentially causing people to have to walk in the street; and

WHEREAS, Pedestrians in street traffic create a particularly dangerous situation; therefore be it

RESOLVED, That Community Board Five finds that the proposed newsstand is not compliant with the required DOT and DCA regulations and therefore Community Board Five recommends denial of the application to install a newsstand on SWC of Union Square West and East 15^th Street; and be it further

RESOLVED, That Community Board Five finds that the installation of a newsstand at this location would negatively impact pedestrian traffic by creating further congestion, thus making for an unsafe condition for pedestrian and vehicular traffic; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian counts at this location on any weekday between 5pm and 6pm.

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 the South East corner of Avenue of the Americas and West 55^th Street; and

WHEREAS, The South East corner of Avenue of the Americas and West 55^th Street is the site where a Robert Indiana LOVE sculpture is installed within an amenity plaza in the property lines of 1350 Avenue of the Americas; and

WHEREAS, The presence of this newsstand would impede the sightlines and accessibility to the popular Robert Indiana sculpture; and

WHEREAS, Pedestrian traffic on both Avenue of the Americas and West 55^th Street is extremely heavy, and in addition the LOVE sculpture receives visitors and sightseers who congregate to both admire this work of art and take photographs; and

WHEREAS, The Design Commission has previously turned down applications for a newsstand at this exact location; and

WHEREAS, The applicant has proposed that their newsstand would measure 12'-0" wide x 6'-0" deep x 9'-0" high, which would be the largest size newsstand that Cemusa produces, and would include advertisement panels on its external walls; and

WHEREAS, The proposed newsstand would be installed to the north of the unenclosed bus stop for the M5/M7 lines, and to the south of QM1/QM5/QM6 lines, which has a Cemusa shelter that includes advertisement panels on one external and one internal wall; and

WHEREAS, Members of Community board Five feel that this additional intrusion between the two bus stops would impede foot traffic attempting to board these very busy bus lines; and

WHEREAS, There are existing newsstands in the vicinity, the nearest being across the street at the North West corner of Avenue of the Americas and West 55^th Street as well as many 'brick and mortar' vendors in the area who sell similar items; and

WHEREAS, According to the sketches provided by the applicant, the proposed newsstand would be 17'-0' south of an existing street light, 11'-6' north of an existing fire hydrant, and 13'-0" west of 1350 Avenue of the Americas property line; and

WHEREAS, Manhattan Community Board Five feels that the addition of a sidewalk structure at this location would create negative impact upon the already heavy pedestrian traffic; therefore be it

RESOLVED, That Manhattan Community Board Five recommends denial of the application to install a newsstand on the South East corner of Avenue of the Americas and West 55^th Street; and be it further

RESOLVED, That Manhattan Community Board Five urges the New York City Department of Transportation 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 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, 5 West 21st Street, located in the Ladies' Mile Historic District, is an Italianate style dwelling built in 1851 and was altered in 1919 with the construction of a two-story storefront extension;

WHEREAS, Greensquare Tavern, replacing a prior tenant, Shaffer City, is seeking approval from The NYC Landmarks Preservation Commission to replace non-historic storefront infill; and

WHEREAS, The Applicant has prepared two different storefront schemes for LPC consideration, one with fixed doors and the other with folding doors, and CB5 prefers the fixed door scheme since it is deemed more faithful to the historical character of the District, although when the doors in each scheme are in closed position the appearance is essentially the same ; and

WHEREAS, The design, following a five bay rhythm, includes raising the transom above the building entrance, a new awning within the storefront bay, new signage above the storefront, masonry repair, painted copper green and dark forest green aluminum framing around new windows and ADA compliant doors at the easterly side of the storefront; and

WHEREAS, The proposed changes for the street level bar and restaurant, as presented to CB5, will be visible from Fifth Avenue and are deemed an improvement over the existing storefront condition and appear harmonious with other storefronts in the Historic District; therefore, be it

RESOLVED, Community Board Five recommends approval of the storefront renovations for 5 West 21st Street in the Ladies' Mile Historic District.

The above resolution passed by a vote of 27 in favor; 6 opposed; 2 abstaining.

WHEREAS, 11 East 26th Street, between Fifth and Madison Avenues, is a 21 story 1912-1913 era neo-Gothic building located in the Madison Square North Historic District, facing Madison Square Park, which is immediately across the street to the south; and

WHEREAS, Its new ground floor tenant, the Museum of Mathematics, is leasing the premises which runs through-block to 6 East 27th Street for ten years and has applied to NYC Landmarks Preservation Commission (LPC) for approval of a new storefront; and

WHEREAS, The proposed renovations include installation of a large glass rectangular window, with a layer of reflective film placed between the two glass window plates for illumination purposes, surrounded by a strip of bronze ribbon going around the glass; and

WHEREAS, The name of the Museum would be placed in the stone panel above the storefront, portions of the stonework adjacent to the glass window to the left and the right are to be restored and some minor renovation work would also be done on the West 27th Street facade; and 

WHEREAS, The Applicant is proposing to have a modern glass door entrance to the Museum, completely different from the two other doorways to the building; and

WHEREAS, CB5 finds that the large, modern storefront and doorway concept is not in keeping with neo-Gothic design of the building nor the character of the Historic District and, clearly, the Applicant wishes to capitalize on exposing as much of the interior as possible to obtain high visibility to attract future patrons; therefore, be it

RESOLVED, CB5 recommends denial of the Application for the new storefront and doorway for 11 East 26th Street in the Madison Square North Historic District, since it is deemed too modern in its design and materials and incompatible with the rest of the Historic District.

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

WHEREAS, 40 West 22^nd Street (between 5^th & 6^th Avenues) is a 12-story neo-Renaissance store and loft building, located within the Ladies' Mile Historic District and characteristic of the later development phase of the district; and

WHEREAS, The building, designed by Korn & Zipkes and constructed in 1909-10, is 46 feet wide, faced in stone and buff-colored brick, has a three-story base framed in a heavy rusticated stone architrave with a keystone supporting a stone parapet with balusters at each end; and

WHEREAS, The building successfully applied for, and has completed, renovations to the lower levels of the façade in 2009; and

WHEREAS, The owners are now requesting permission to replace the previous awning with a new awning/marquee that provides shelter for tenants and guests while continuing the design approach of the above-noted new entryway; and

WHEREAS, The focus of this work was to replace additions that distracted from the original building details with elements that are consonant with the original design; and

WHEREAS, The proposed awning/marquee will be 3'8" x 5'3" and consist of canvas mounted within a fenestration area of the façade of glass, metal and wood framed by rusticated stone; and

WHEREAS, The new awning/marquee will be restrained in keeping with the original building design and be approximately 8" in height; and

WHEREAS, Subdued lighting will be included under and within the awning/marquee; and

WHEREAS, The awning/marquee will serve as a sound buffer for occupants living above the entry way so that noise from visitors using the intercom will be reduced; and

WHEREAS, The installation will not require any alterations to the building or original materials; therefore be it

RESOLVED, That Community Board 5 recommends approval of the application for the replacement of the awning/marquee at 40 West 22^nd Street.

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

WHEREAS, 200 Fifth Avenue is a 15-story retail and office building, completed in 1909, designed by the architects, Maynicke & Franke, in Neo-Renaissance style; and

WHEREAS, For many years the building was  known as The International Toy Center and more recently it has become the home of "Eataly," a very popular purveyor of food and an eating establishment located in the ground floor of the building ; and

WHEREAS, There are two separate entrance doors on the side streets:

a)      West 23rd Street has  a modern sliding glass door

b)      West 24th Street has a more historical revolving door; and

WHEREAS, The owner had previously agreed to preserve the ornamental metal gates and the vestibule spaces with their coffered, vaulted ceilings at both the West 23rd and West 24th Street entrances; and

WHEREAS, The Applicant is requesting LPC approval to exchange the two entrance doors on West 23rd and West 24th Streets for the following purposes:

            a) Having the revolving door located at the West 23rd Street entrance would be more energy            efficient from a heat loss standpoint;

            b) Moving the sliding doors to West 24th Street would enable the vestibule area to be            incorporated into Eataly as seasonal cafe/restaurant space , whereas currently it only    functions as storage space; the ornamental gates would be kept in locked position so that this   building entrance would be enclosed to contain the dining area; and

WHEREAS, CB5 considers the proposed changes both practical and in the public interest; therefore, be it

RESOLVED, Community Board Five recommends approval of the application for 200 Fifth Avenue to exchange the two side street entrance doors on West 23rd and West 24th Streets and to permit the West 24th Street entrance vestibule area to be used for a seasonal cafe/restaurant dining area.

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

WHEREAS, 210 Fifth Avenue (aka 1132 Broadway) is an 11 story commercial building, constructed in 1903, now converted to retail/residential use, located in the Madison Square North Historic District; and

WHEREAS, The owner of the penthouse apartment on the 11th floor of the building is seeking to renovate and expand the premises by 152 sq. ft.; and

WHEREAS, The exterior walls are in poor condition in various places and demolition and new construction will remedy this problem; and

WHEREAS, The proposed placement of new windows and use of new materials will improve the appearance of the building; and

WHEREAS, The increase in size of the penthouse from 748 to 900 sq. ft. is within the allowable FAR for this building; and

WHEREAS, The new construction will not be visible from the Public Way, except for views of the southerly elevation at some distance from the building; and

WHEREAS, The proposed profile of the new penthouse, as seen in mockups, and new window placement is deemed to be more visually attractive and harmonious with rest of the Historic District than the existing condition; therefore, be it

RESOLVED, Community Board Five recommends approval of the application for a certificate of appropriateness for an alteration of a penthouse apartment at 210 Fifth Avenue.

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

WHEREAS, An application has been submitted to The New York City Landmarks Preservation Commission seeking permission to remove and replace the ground front storefront of The Aeolian Building, located at 689-691 Fifth Avenue at the northeast corner of East 54th Street; and

WHEREAS, The Aeolian Building, built in 1925-27 by the James Baird Construction Co. to the design of Warren & Wetmore Architects, is a fourteen story commercial building in a Neo-Classical style with French Renaissance style detailing; clad in Indiana Limestone, Italian Marble spandrel panels, and a buff-colored terra-cotta upper portion; and

WHEREAS, In 1984, Paul Goldberger of The New York Times described the Aeolian Building as "a lyrical gem that may be the city's most inventive merging of modern commercial design with French and classical architectural detail... as good a reminder as New York has that architecture can be exuberant and fanciful yet discreet and well-mannered"; and

WHEREAS, On December 10, 2002, The Aeolian Building was designated as an individual Landmark by The New York City Landmarks Preservation Commission; and

WHEREAS, 689-691 Fifth Avenue was the headquarters of The Aeolian Company, a leading manufacturer of roll-operated instruments, until 1938, and since 1930, this building had been location of the flagship Elizabeth Arden Red Door Salon; and

WHEREAS, Throughout the years, the building has been operated by several different owners, and there have been modifications to the ground floor storefronts, accommodating varying usages for retail tenants, including a 1938 remodeling by the architect Robert Carson for an I. Miller & Son's shoe store, and subsequently the travertine clad façade installed in 1970, designed by Ernest Castro of Weisberg Castro Associates for Gucci; and

WHEREAS, At this time the applicant proposes to remove the existing Moderne styled travertine clad façade and to replace this with a more Neo-Classical styled façade composed of Indiana Limestone pilasters and a Deer Isle Granite watertable; and

WHEREAS, The applicant is also proposing to install rectangular glass and steel canopy above the entrance and lobby of the office building, located at the extreme east of the East 54th Street side of the building; and

WHEREAS, Within the interior of the proposed modified building entrance, it has been proposed to include an illuminated feature wall; and

WHEREAS, There has been some expressed preference for a rounded, highly decorative canopy on East 54th Street, similar to the one which The Aeolian Company showroom had in the 1930's, and likewise, there has been some expressed concern that the proposed illuminated feature wall seems to be a contrast to the building's Neo Classical and French Renaissance style detailing; and

WHEREAS, Despite these concerns, it appears that the proposed new storefront would be much more harmonious with the existing historic fabric of the richly detailed building above; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application for permission to remove and replace the ground front storefront of The Aeolian Building, located at 689-691 Fifth Avenue.

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

WHEREAS, the Applicant, Richard Chapman and Associates, was granted a Special Permit by the City Planning Commission in August 2004 to develop a 363-space public parking garage on the property located at 7-13 West 21st Street at which it currently operates a parking lot with 256 spaces; and

WHEREAS, the Applicant intends to construct an approximately 288,000 square foot residential building as-of-right on the site but the building is not yet designed; and

WHEREAS, the parking garage would be located in two cellar levels below this building with a ground floor entry accessed from both West 21st and West 22nd Streets, with egress from West 22nd Street, and will contain 363 vehicle spaces with 128 stackers and 18 reservoir spaces, be open 24 hours a day, seven days a week, and be fully attended; and

WHEREAS, in June 2008 the Applicant applied for and was granted a three-year renewal of the Special Permit but due to economic conditions has not yet commenced development; and

WHEREAS, the basis for renewal of a Special Permit is whether or not the facts upon which it was granted have substantially changed; and

WHEREAS, when CB5 reviewed the initial application for the Special Permit in 2004 it stressed the need for adding off-street parking to the area which has continued to undergo new residential and commercial development and since then seven parking lots, representing 811 spaces, have been eliminated, making the need for off-street parking even more compelling; therefore be it

RESOLVED, that Community Board Five recommends approval of the application for a second three-year renewal of a special permit for the development of a 363-space public parking garage at 7-13 West 21st Street.

Thank you for the opportunity to comment on this matter.

The above resolution passed by a vote of 33 in favor, 0 opposed, 2 abstaining.

WHEREAS, the Applicant, C.S. Ritz Residence LLC on behalf of La Masseria Restaurant, is located on the ground floor of the Ritz Apartments at 235 West 48 Street and the restaurant has operated at this location since March 2004; and

WHEREAS, Ritz Plaza, a privately-owned public space, was developed in 1987 pursuant to the grant under ULURP Application N880133ZCM of a 1.0 FAR bonus of 40,142 sq. ft. of floor area in exchange for the development of the plaza; and

WHEREAS, Ritz Plaza includes an area with a September 11 memorial which, with authorization for security reasons, is not open 24-hours per day and an area outside the memorial which is open 24-hours a day, 7 days a week; and

WHEREAS, Ritz Apartments is a mixed-use commercial and residential building; and

WHEREAS, the Applicant has filed an application with the Department of City Planning to renew the certification that permits an open air café with eleven (11) tables and twenty-three (23) seats on the eastern side of Ritz Plaza, directly in front of La Masseria Restaurant, for three years; and

WHEREAS, the Applicant is proposing no changes to the configuration and size of the café for which certification was last granted in January 2009; and

WHEREAS, the Applicant voluntarily complied with plaza improvements suggested by CB5 when it approved its 2008 certification application; these included

• Adding eighteen (18) new seats, including six (6) traditional seats and twenty-four (24) linear feet of seating, outside the gate which are available to the public 24/7; and
• Providing new privately owned public space signage; and

WHEREAS, Community Board Five would like to see the following added to the plaza:

• Add five additional seats on the eastern side, outside the gate, which are available to the public 24/7;
• Keep lighting levels at current standards for public plazas as set forth by the Zoning Resolution; and

WHEREAS, the Applicant has agreed to investigate the feasibility of complying with the above recommendations, specifically:

• To review the feasibility of adding five additional seats with the owner of the premises;
• Upon review it has been found that the ten (10) pole lights currently existing in Ritz Plaza conform to Section 37-743 of the Zoning Resolution, which requires a minimum of 2 horizontal foot candles in walking and seating areas and 0.5 horizontal foot candles in all other areas. The lighting requirements of ZR 37-73 have not changed since the plaza lighting was installed and therefore the lighting meets current zoning requirements; and

WHEREAS, planters delineate the café area from the public plaza, preventing "café creep"; and

WHEREAS, the plaza is well maintained and the café is a popular neighborhood amenity, and the Applicant agreed to investigate and, where possible, implement the Committee's above-mentioned recommendations; therefore be it

RESOLVED, Community Board Five recommends approval of the application for a three-year renewal of the open air café certification.

The above resolution passed by a vote of 33 in favor, 0 opposed, 2 abstaining.

WHEREAS, 249 West 29 Owners Corp. is the owner of 247-251 West 29th Street, a 62,500 square foot mixed-use building with 15 stories and a 2-story extension located in the newly re-zoned M1-6D district; and

WHEREAS, this once all-commercial building was made mixed-use in 1980 when a Variance was granted by the BSA that permitted the conversion of floors 3 to 15 from commercial to residential use but the BSA did not permit the 2nd floor to be residential because of the opposition of one commercial tenant who vacated the building shortly thereafter; and

WHEREAS, the Applicant is now requesting that the 2nd floor be converted to residential use arguing that commercial occupancy on the 6,610 sq. ft. 2nd floor is incompatible with the residential occupancies on the upper floors and not suitable for commercial use due to the building's physical structure, the units are too small to accommodate the types of commercial uses operating in the neighborhood, the location of structural walls prevent combining the three 2nd floor units into a more marketable single large unit, and having only one lobby and elevator for both residential and commercial tenants creates access, egress, and security issues; and

WHEREAS, since the 1980 variance, a period followed that saw several economic downturns and a deterioration of the neighborhood's fur industry and other manufacturing activities, but despite these conditions, the building made numerous efforts to rent the 2nd floor units to various commercial tenants that were suitable for the units and who paid their rent but experienced numerous problems with extreme noise, security violations, and other disturbances that threatened the habitability of the residential units on the upper floors as well as problems with rent arrears leading to multiple evictions, creating hardships for the building's owners and occupants; and

WHEREAS, starting in the mid-1990's, the building began to attract tenants in creative businesses who rented the units on the 2nd floor as work spaces but also began to illegally occupy them as live-work spaces and when the building became a cooperative, two of the three 2nd floor tenants became shareholders in the cooperative; and

WHEREAS, the Applicant wishes to legalize what has become a highly stable live-work use that has been in place for over ten years; and

WHEREAS, granting the variance will not change the zoning and commercial use will still be permitted on the 2nd floor, nor will it violate the spirit of the new M1-6D zoning district which has as one of its purposes to protect buildings with concentrations of Class B office space which is not the case with this application; and

WHEREAS, the BSA has not taken any action or filed complaints against the building or coop pertaining to this illegal use and all physical aspects of the building are said to be to code; therefore be it

RESOLVED, Community Board Five recommends approval of the application to amend the previous BSA variance to allow residential use on the 2nd floor of 247-251 West 29th Street.

The above resolution passed by a vote of 33 in favor, 0 opposed, 2 abstaining.

WHEREAS, The Department of City Planning is proposing a Citywide zoning text amendment called Zone Green to remove zoning impediments to the construction and retrofitting of buildings to improve energy efficiency and environmental performance; and

WHEREAS, according to the Department of City Planning it costs New Yorkers $15 billion each year to heat and power buildings, and these buildings are responsible for 80% of the City's carbon emissions and it is expected that in 2030, 85% of our buildings will be buildings that exist today so their improved performance is critical to reducing New York City's energy use and carbon emissions; and

WHEREAS, Zone Green encompasses four major components -- high performance building envelope, sun control devices to reduce summer cooling needs, rooftop features, and other sustainable features such as solar energy generation and charging electric vehicles, all with the goal of empowering property owners to build or retrofit buildings to 21st century standards:   

HIGH PERFORMANCE BUILDING ENVELOPE:

WHEREAS, while the proposed text amendment would allowexisting buildings to add external insulation within the property line, exempting it from floor area, Community Board Five believes this provision will not address the zoning impediment of high performance building design in CB5's District primarily because most existing buildings in midtown and other areas with high density zoning are built out to the existing side and front lot lines and thus would not be able to benefit from the exemption; and

WHEREAS, under the proposed text amendment for new buildings whose walls are more efficient than required by the New York City Energy Conservation Code, up to eight inches of additional wall thickness could be exempted from floor area, encouraging higher performing buildings without changing the amount of usable space in the building and the Board believes this provision should apply to existing buildings as well; and

SUN CONTROL DEVICES:

WHEREAS, sun control devices -- such as awnings -- can help reduce air-conditioning and lighting bills by providing natural light while also creating some additional detail and interest on a building façade, and the proposed text amendment would now permit sun control devices and awnings above the ground floor to project 2 feet 6 inches over required open areas such as rear yards but these sun control devices could cover no more than 30% of the façade; one prominent example of this kind of sun control scheme is the metal rods on the façade of The New York Times building on West 40^th Street and 8^th avenue; and 

WHEREAS, solar power can provide pollution-free energy for electricity or hot water, reducing utility bills and carbon emissions and the proposed text amendment would now allow solar panels on flat roofs anywhere below the parapet as long as they are not visible from the street, regardless of building height; the proposal would also allow portions of solar installations that are higher than 4 feet with additional restrictions; and

ROOFTOP FEATURES:

WHEREAS, although the proposal would also allow low-lying features such as green roofs, recreational decks, other storm water detention systems and skylights anywhere below the parapet, regardless of building height, it does not require elements like storm water detention systems which Community Board Five believes is a missed opportunity; and

WHEREAS, the Department of City Planning notes that greenhouses on industrial, commercial and school buildings can enable year-round local food production and provide valuable educational opportunities and thus will now permit, by Certification of the Chair of the City Planning Commission and with certain height, set back and water consumption rules, a greenhouse to be exempt from floor area and height limits, provided that it is located on top of a building that does not contain residences or sleeping accommodations; however this restriction will mean that many opportunities to promote local agriculture and education may be missed, such as dormitory buildings, nursing homes, and residential buildings that are over bulk and believes that there has not been a clear rationale presented for not including these uses and that every opportunity to support local agriculture should be embraced; in particular, we note that there are hundreds of residential buildings in CB5 that are built out to their maximum FAR and may want to construct a greenhouse which the proposed regulations will not permit; and

WHEREAS, Community Board Five notes that a Certification from the Chair of the City Planning Commission can often be a process that takes upward of a year and recommends that the Department of City Planning draft clear application standards so as to simplify review of these proposed greenhouses; and

WHEREAS, the Department of City Planning notes that wind energy generation in New York City makes the most sense where winds are consistent - on taller buildings and near the waterfront -- and the proposed text would allow turbines up to 55' on buildings taller than 100' provided it is set back at least 10 feet from any property line and comply with requirements set forth by the Department of Buildings; and while Community Board Five believes that every possible renewable energy source needs to be explored and examined carefully to determine the potential in New York City, the Board nonetheless believes that a convincing argument has not been presented which would permit the construction of wind turbines 55' above a height of 100' which would have a profound impact on the visual character of many blocks in Midtown and may also present significant concerns with respect to overall safety, noise, bird safety, and ice during the winter months; and  

LEADERSHIP, INNOVATION AND BEST PRACTICES:

WHEREAS, Community Board Five recognizes that best practices and technology in green building are rapidly evolving and strongly urges the Department to carefully monitor these trends and prepare a report at least every four years that documents how well these proposed zoning changes have worked and whether further modifications or larger revisions are needed; Community Board Five notes that this reporting requirement will help the City better understand evolving trends and more quickly address outdated zoning provisions, new regulatory best practices, and keep the public informed; and 

WHEREAS, Community Board Five is deeply supportive of environmentally sensitive building practices and commends the Department of City Planning for examining impediments to these practices but we remain concerned that New York City is far from a leader in this field; and

WHEREAS, many other American cities have amended their zoning codes to reflect the best practices in green building and have gone much further than the proposed amendment by looking more carefully at requirements that can be put in place to improve the performance of new buildings as well as creative incentives for green building; and

WHEREAS, Community Board Five believes New York City needs to be a leader in green building design and encourages the Department of City Planning to be bold and go beyond removing regulatory hurdles by setting high performance building design standards such as the Passive House Standard and sustainability standards such as the LEED standard so to require and/or give incentives to certain green building practices; and

WHEREAS, Community Board Five is concerned about the interagency cooperation that is required for the enforcement and implementation of this text amendment and urges the Department of City Planning to work very carefully with Department of Buildings, Landmarks Preservation Commission, Economic Development Corporation, Department of Environmental Protection and other relevant agencies to implement and enforce these requirements as well as explore how the City may better incentivize higher performing buildings; and

WHEREAS, Community Board Five recommends that approvals which require discretionary review such as Special Permits and authorizations be amended to include a finding requiring an applicant to demonstrate that they have, to the greatest extent feasible, incorporated green building and landscape design features; and

WHEREAS, while Community Board Five strongly endorses the goals and intentions of the proposed Zone Green revisions to the Zoning Resolution to remove regulatory barriers to green building practices, it objects specifically to a number of the elements of the proposed text amendment; and therefore be it

RESOLVED, Community Board Five recommends approval with conditions of a proposed revision by the Department of City Planning to the Zoning Resolution to remove regulatory barriers to green building practices.  Those conditions are:

• Review the suitability for an allowance for wind turbines of 55' height on buildings over 100' tall in midtown Manhattan;
• Include requirements for storm water retention systems;
• Expand the restriction on floor area waivers for greenhouses to include buildings with dwelling units and simplify the process to apply for and obtain a Certification;
• Review the restriction on electric vehicle charging stations in a residential district instead of the plan to permit only in commercial districts;
• Review the restriction on solar energy generation in residential districts instead of the plan to permit only in commercial districts;
• Include ways to allow existing buildings that are built to existing side and front lot lines to add external insulation without adding to floor area;
• Add and set high performance building design standards such as the Passive House Standard and sustainability standards such as the LEED standard so to require and/or give incentives to certain green building practices;
• Establish a reporting requirement that will help the City better understand evolving trends and more quickly address outdated zoning provisions, new regulatory best practices, and keep the public informed;
• Create a mechanism to ensure interagency cooperation to ensure successful implementation of this text amendment;
• Introduce a new finding for applications that require discretionary review such as Special Permits and authorizations, which requires an applicant to demonstrate that they have to the greatest extent feasible incorporated green building and landscape design features.

The above resolution passed by a vote of 33 in favor, 0 opposed, 2 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, June 22, 2012 will start at 7:00 PM, and the afternoon games on Saturday, June 23 and Sunday, June 24 will start at 1:00 PM; and

WHEREAS, These proposed events, known as the Delta Dugout series, which were previously conducted on Friday, May 20, 2011 through Sunday, May 22, 2011 would be similar to the special events for the broadcast of the US Open, with all activities 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 2012; 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; with the south end of the park utilized for a Delta Dugout lounge and children's activities such as pitch throwing and baseball clinics, which will all be shut down when the games start, all free and open to the public; 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, 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, There is precedent for this event in Madison Square Park; and Community Board Five has found a significant amount of support for this event from residents and stakeholders in the community; and

WHEREAS, the Conservancy has agreed to abide by the requirements adopted by Community Board Five for large events being conducted in Madison Square Park, including a rigorous attempt to enforce navigation of the pathways through the Park during the event; 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 for Friday, June 22, 2012 through Sunday, June 24, 2012.

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

WHEREAS, Madison Square Park Conservancy has submitted an application to conduct their annual Food & Dining Festivals in Worth Square, which is the park site bounded by Broadway, Fifth Avenue, West 24th Street and West 25th Street; and

WHEREAS, The Mad. Sq. Eats Spring Food & Dining Festival would begin on Friday, May 4, 2012 and would be conducted daily through Friday, June 1, 2012, between the hours of 11:00 AM and 9:00 PM, and the Mad. Sq. Eats Fall Food & Dining Festival would begin on Friday September 21, 2012 and would be conducted daily through Thursday October 18, 2012, between the hours of 11:00 AM and 9:00 PM; and

WHEREAS, The events were conducted in 2011, and were promoted by Urban Space Management, promoters of high-quality retail events that include the Union Square Holiday Market; and

WHEREAS, Load-in and set-up would be conducted in a manner to minimize potential disturbances to the surrounding neighbors; and

WHEREAS, Like the previous festivals, the proposed events' marketplace would offer food and dining, and not crafts and other merchandise, with vendors representing local restaurants; and

WHEREAS, Worth Square would remain open to the public, and the tables and chairs would be available to anyone in the park, regardless of whether or not they are patronizing the festival's vendors; and

WHEREAS, Vendors would be housed in tents on the perimeter of Worth Square, facing inside of the square, and the signage would be limited to the name of the restaurant or vendor, and information regarding the event; and

WHEREAS, Market festivals raise funds for the Madison Square Park Conservancy, funds which are directed toward Madison Square Park's maintenance, operations and programs; and

WHEREAS, These events would be contained entirely inside of Worth Square, which is a paved public space, not a landscaped park space; and

WHEREAS, Community Board Five believes that concerns raised in our previous resolutions have been taken very seriously, and we are confident that we will continue to maintain a constructive dialogue with the Madison Square Park Conservancy, Urban Space Management, and the surrounding neighborhood; therefore, be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct the Mad. Sq. Eats Fall and Spring Food & Dining Festivals in Worth Square daily from May 4 through June 1, 2012, and September 21 through October 18, 2012 between the hours of 11:00 AM - 9:00 PM.

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

WHEREAS, Madison Square Park Conservancy has submitted an application seeking permission to conduct their annual special events in Madison Square Park in 2012, consisting of the Kids Fest event on Saturday, May 19 and Saturday, June 2, 2012; the Madison Square Kids programs on Tuesday & Thursday mornings from June 14 through August 11, 2012; the Celebrate Flatiron Chefs! fundraiser on Tuesday July 17; the Madison Square Reads programs on Thursday evenings from July 5 through July 26, 2012; the Oval Lawn programs on Wednesday evenings from June 20 through August 8, 2012; the Music Studio programs on Saturday afternoons from September 15 through October 6, 2012; and the Holiday Tree Lighting on Wednesday December 12, 2012; 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 over $100,000.00, with the other events being free of charge and open to the public; and

WHEREAS, There is a long-standing precedent for these events in Madison Square Park; and Community Board Five has found a significant amount of support for these events from residents and stakeholders in the 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 these annual special events in Madison Square Park in 2012.

The above resolution passed by a vote of 34 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 Monday, August 27 through Wednesday, September 5, 2012, in order to exhibit live broadcasts of the US Open matches; and

WHEREAS, The proposed event would 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, with nothing other than US Open tennis match broadcasts with commercials being displayed; 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 corporate signage, the number of signs has been reduced in comparison to previous years and the proposed event's commercial nature has been reduced significantly; and

WHEREAS, There is a long-standing precedent for this event in Madison Square Park; and Community Board Five has found a significant amount of support for this event from residents and stakeholders in the community; and

WHEREAS, the Conservancy has agreed to abide by the requirements adopted by Community Board Five for large events being conducted in Madison Square Park, including a rigorous attempt to enforce navigation of the pathways through the Park during the event; and

WHEREAS, The issues of sound, security, refuse, park space for commercial promotion, and the duration and evening schedule of the event have all been addressed and have greatly improved in comparison to previous years; 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 Monday, August 27 through Wednesday, September 5, 2012.

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

WHEREAS, RELAXED SPACE CORP. ("Applicant") has notified Community Board Five of its intention to apply for renewal of an existing on premises liquor license for the bar located at 37 West 26^th Street (between Broadway and Sixth Avenue), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of 2,100 square feet of indoor space on the ground floor; and

WHEREAS, The Premises is operated exclusively as a bar, with a total of 60 tables and 20 bar stools, with a partial kitchen serving prepared foods only; and

WHEREAS, The total capacity of the Premises is 190; and

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

WHEREAS, The Applicant has agreed that Applicant shall:

a.         agree to keep all exterior doors closed after 11pm every night of the week,                especially in the summer, keeping them closed for the remainder of the night, with no exceptions;

b.         instruct management and security personnel 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, (iv) use best efforts to clear the area outside the Premises of all patrons  immediately after closing (exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons); and (v) report any neighborhood complaints immediately to senior staff;

c.         set lower maximum levels for the sound system of the premises and direct speakers to face             away from exterior doors;

d.         require all promoters or DJs to use the house sound system and not their own;

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

f.          strictly comply with and adhere to the plans for the operation of the business, as set forth    herein; 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 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 Anthony Pace ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein

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

RESOLVED, That Community Board Five recommends denial of the application by RELAXED SPACE CORP. for renewal of an existing on premises liquor license for the bar located at 37 West 26^th Street (between Broadway and Sixth Avenue), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

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

WHEREAS, PARK STONE VENTURE LTD ("Applicant") has notified Community Board Five of its intention to apply for a new on premises liquor license for the bar, restaurant, and event space, with outdoor roof deck located at 47 East 29th Street (between Madison Avenue and Park Avenue South), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 5000 square feet of space on the 1st floor, 2nd floor, rooftop and basement (which basement is to be used only for storage and offices); and

WHEREAS, The Premises has a public assembly valid for the entire establishment with a maximum occupancy of 208 people (patrons and employees); and

WHEREAS, The Premises will be operated predominantly as a bar /restaurant / event space with one patron bar on the first floor with 26 bar stools and 10 tables for dining, one patron bar on the second floor with 8 bar stools and 15 tables for dining, and 15 tables on the rooftop deck, for a total of 164 seats; and

WHEREAS, The Premises is currently operated as "Red Sky", an operation which has been problematic to the community and the current applicant proposes a new method of operation which would be less problematic; and

WHEREAS, The Applicant has agreed that Applicant shall:

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

b.         be responsible for any use of promoters and at any time that an event or party is hosted or   marketed by a third party (in whole or in part): (i) at all times Licensee shall remain          responsible for and in complete control of the Premises and its patrons and (ii) all material    positions of operation shall be the employees of the Licensee at all times;

c.         maintain business hours of Premises' indoor operation with a 2:00AM closing time from      Sunday through Tuesday;

d.         maintain business hours of Premises' indoor operation with a 4:00AM closing time from      Wednesday through Saturday;

e.         maintain business operations in strict accordance with the CB5 Rooftop/Rear Yard On-        Premise Liquor License Policy and Procedure which specifically states the Premises' closing             of the rooftop deck completely at 10:00PM Sunday through Thursday, and 11:00PM on Friday and Saturday;

f.          maintain security personnel at all times at a ratio of (1) guard per up to 50 persons to maintain order both inside and outside of the Premises, ensure that patrons enter and leave the Premises and 29th Street in a peaceful, quiet and respectful manner; ensure that patrons exit the roof at the designated closing time; discourage patrons from congregating outside the Premises; and use best efforts to have 29th Street cleared of all patrons within one-half hour of closing.  Security personnel shall be employees of Licensee, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Licensee;

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

h.         have iPod or similarly produced music, and in no event shall live music or dancing ever be permitted at the Premises. A DJ shall be permitted for Private Events or if the Community      Board is notified in advance;

i.          Strictly comply with all recommendations made by ACOUSTILOG Inc. in their proposal      dated December 19, 2011;

j.          not utilize an exterior "velvet rope" door policy and charge no cover; Exterior queuing         required for purposes of maintaining legal capacity shall be permitted so long as Licensee            has an employee responsible for maintaining the orderliness of patrons;

k.         maintain an outdoor smoking area in front of the Premises, and to the East towards the corner of 29th Street and Park Avenue, provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 29th Street; with smoking area to be monitored by a security presence after 11pm on all nights;

l.          arrange for private garbage pick-up and its garbage will be stored in a manner so as not to     cause a disturbance or annoyance to its neighbors;

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

WHEREAS, All concerns regarding the operation expressed by members of the public were addressed and resolved by the applicant to the satisfaction of the public and the committee; 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 Ronan Downs ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein

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

RESOLVED, That Community Board Five recommends denial of the application by Park Stone Venture LTD for a new on premises liquor license for the bar, restaurant, and event space with outdoor roof deck, located at 47 East 29^th Street (between Madison Avenue and Park Avenue South), 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 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, Howard Brunner, on behalf of Ardent Supporter, LLC ("Applicant"), has notified Community Board Five of its intention to apply for the transfer of an existing on premises liquor license for the restaurant located at 50 West 22nd Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 1,800 square feet on the ground floor and approximately 900 square feet in the basement for storage use; and

WHEREAS, The total capacity of the Premises is 74; and

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

WHEREAS, The Premises is an existing operation located within CB5's Restricted Licensing Area, currently operated as an innocuous restaurant with existing hours of operation Mon 11 am - 10 pm, Tue-Sat 11 am - 11 pm, and Sun 11 am - 8 pm; and

WHEREAS, The Applicant seeks to reconfigure the Premises with 22 tables, 54 chairs, and 9 bar stools; and

WHEREAS, The Applicant seeks to change the method of operation at the Premises to rely heavily on a bar/lounge operation with late night hours of operation; and

WHEREAS, The location of the Premises is in an area of extreme conflicting interests between a particularly high-density residential population and a particularly high-density of liquor licensed establishments; and

WHEREAS, The location surrounding the Premises suffers from extreme noise, vehicular and pedestrian congestion, litter, traffic problems, and belligerent crowds, as well as vandalism and incidents of violence, making the area inhabitable for the residential population of the area; and

WHEREAS, For over a decade, CB5 has been attempting to manage the extreme conflict of interest between residents and licensed establishments at this location so that the two may co-exist; and

WHEREAS, CB5 has found that limiting a business's hours of operation is the single most effective restriction in establishing the appropriateness of an operation for this area, and should be the primary restriction asked of an applicant; and

WHEREAS, Despite weeks of discussion, the Applicant has refused to agree to a method of operation with hours of operation appropriate for this location; and

WHEREAS, Despite extensive attempts at negotiation during the Committee hearing, the Applicant remains uncooperative and intransigent regarding its hours of operation; and

WHEREAS, Quality of life at this location directly depends on the appropriateness of the method of operation and operating hours of liquor licensed establishments that must coexist with the dense residential population above, adjacent, and all around these establishments; and

WHEREAS, Because of the Applicant's refusal to tailor its method of operation to be compatible with the particular needs of this location, CB5 finds that granting the transfer of the existing liquor license for the Premises is NOT in the public interest; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the application by Ardent Supporter, LLC for the transfer of an existing on premises liquor license for the restaurant located at 50 West 22nd Street (between Fifth and Sixth Avenues), New York, New York.

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

WHEREAS, The Woman's National Republican Club, Inc. (WNRC), located at 3 W. 51^st Street between 5^th and 6^th Avenues, is housed in a 6-story building containing 30 dormitory rooms for members and a public catering facility; and

WHEREAS, The current on-street parking regulations in front of 3 W. 51^st Street are as follows:

• No Standing Except Commercial Vehicles, Metered Parking, 3 Hour Limit, 7am - 6pm Monday through Friday 6pm - Midnight, Monday through Friday, Metered Parking, 6 Hour Limit 8am - Midnight, Saturday, Metered Parking, 6 Hour Limit; and

WHEREAS, The NYC DOT on-street parking policy allows for the installation of a "Loading/Unloading Zone" or a "No Parking Zone" in front of a hotel facility containing 100 or more guest rooms to accommodate guest/luggage drop-off and pick-up, thereby reducing incidences of vehicles double parked for this purpose; and

WHEREAS, The NYC DOT will grant a variance to the above policy and install a "No Parking Zone" in front of a hotel or dormitory with fewer than 100 guest rooms if the community board representing the subject hotel lends its support for such action; and 

WHEREAS, Given that the 100 hotel room threshold set forth in the NYC DOT parking code is subject to discretion based on existing conditions in the subject area, including land use, road width, lane configuration, traffic volume and current on-street parking regulations, and that these factors must be evaluated on a case by case basis; and 

WHEREAS, The WNRC is not a hotel but a dormitory facility; the Committee, therefore, looked to various DOT regulations used to resolve parking and loading issues that have arisen with hotels and private clubs that have dormitory and catering facilities and traffic congestion problems in front of their properties similar to that of this applicant; and

WHEREAS, Crosstown vehicular traffic congestion in Midtown Manhattan is, in part, exacerbated by vehicles double parked in front of hotels and dormitory facilities; and

WHEREAS, Allocating on-street parking space in front of a hotel or dormitory facility to accommodate guest/luggage drop-off and pick-up will help reduce vehicles double parked for this purpose; therefore be it,

RESOLVED, Community Board Five recommends approval of this application to install a "No Parking Zone" in front of 3. W. 51^st Street to facilitate guest/luggage drop-off and pick-up and thereby reduce incidences of vehicles double parked for this purpose. 

The above resolution passed with a vote of 25 in favor, 6 opposed, 1 abstaining.