July 2010

WHEREAS, The applicant, Vicar Restaurant Enterprises, Inc. d/b/a Ipanema Restaurant, is applying for an unenclosed sidewalk café at 13 West 46^th Street, bet. 5^th Ave. and Ave of the Americas; and

WHEREAS, The proposed sidewalk café would have 2 tables and 8 seats with a 3 ft service aisle to be located between the façade of the building and the tables, leaving 9'5'' for pedestrian traffic; 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 sidewalk registers light pedestrian traffic; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for an unenclosed sidewalk café with 2 tables and 8 seats at 13 West 46^th Street, between 5^th Avenue and Avenue of the Americas.

The above resolution passed  by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, HPA Restaurant LLC, is applying for a small unenclosed sidewalk café at 255 5^th Avenue, bet. 28^th & 29^th Sts; and

WHEREAS, The proposed sidewalk café would have 6 tables and 24 seats, leaving 15'3'' for pedestrian traffic; and

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

WHEREAS, The sidewalk registers light pedestrian traffic; therefore be it

RESOLVED, that Community Board Five recommends approval of the application for an unenclosed sidewalk café with 6 tables and 24 seats at 255 5^th Avenue, bet. 28^th & 29^th Sts.

The above resolution passed  by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Park Central Hotel (DE) LLC, is applying for a small unenclosed sidewalk café at 870 7^th Avenue, bet. 55^th & 56^th Sts; and

WHEREAS, The proposed sidewalk café would have 8 tables and 32 seats; and

WHEREAS, The proposed sidewalk café is located in front of subway grates, leaving approximately 10 ft. for pedestrian traffic and,

WHEREAS, The sidewalk registers extremely heavy pedestrian traffic, as it is a pedestrian corridor from Central Park to the Theater District; and

WHEREAS, The current configuration leaves too little space for pedestrian traffic; and

WHEREAS, Based on the CB5's concerns, the applicant has agreed to:

1.     reduce the footprint of the café to 10 tables and 20 seats, leaving 12 ft. for pedestrian traffic; and

2.      discontinue the use of any external amplified sound or music emanating from the hotel outside the hours of 9:00 AM to 9:00 PM daily; and

3.      discontinue the use of any noise making devices (e.g. whistles etc.) to solicit taxis and transportation services by hotel employees outside the hours of 9AM to 9PM daily; and

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

RESOLVED, That Community Board Five recommends approval of the application for an unenclosed sidewalk café with 10 tables and 20 seats at 870 7^th Avenue, bet. 55^th & 56^th Sts.

The above resolution passed  by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Argo Tea, LLC d/b/a Argo Tea Café, is applying for a small unenclosed sidewalk café at 949 Broadway, bet. 22^nd & 23^rd Sts; and

WHEREAS, The proposed sidewalk café would have 8 tables and 18 seats, leaving 11'3'' for pedestrian traffic; 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 sidewalk registers light pedestrian traffic and is abutting a pedestrian plaza; therefore be it

RESOLVED, that Community Board Five recommends approval of the application for an unenclosed sidewalk café with 8 tables and 18 seats at 949 Broadway, bet. 22^nd & 23^rd Sts.

The below resolution was passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, HARMONY Spa is applying for a legalization of a Heath and Physical Culture Establishment; and

WHEREAS, The establishment is 1761 square feet and operates as a spa offering a menu of facials, body treatments and massages, catering mainly to women; and

WHEREAS, The proposed site is located within an M1-6 zoning district; and

WHEREAS, Upon inspection, the establishment appears to be a legitimate spa and physical culture establishment; and

WHEREAS, Harmony Spa opened for business on June 2, 2009 with a special permit from BSA, a legal status that has not been unusual for physical culture establishments under BSA's current permitting process; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for legalization of BSA special permit for the legalization of a health and physical culture establishment at 240 West 38th Street, and that CB5 recommends BSA reschedule its permitting process for physical culture establishments in order to provide final permits on a more timely basis.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining. 

WHEREAS, The applicant is proposing a newsstand on the northeast (NEC) corner of 7th Avenue and West 55th Street; and

WHEREAS, CB5 takes its role seriously, and 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 newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition for pedestrians; and

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

WHEREAS, There is a subway entrance about 50 ft. from the proposed site; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NEC 7th Avenue and West 55th Street; and be it further

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

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

Dear Deputy Director Gotay:

At the regularly scheduled monthly meeting of Community Board Five on Thursday, July 8, 2010, the Board passed the following resolution :

WHEREAS, The applicant is proposing a newsstand on the N/W/C West 43^rd Street and 5^th Avenue; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition; and

WHEREAS, There are two (2) other newsstands one block away; and

WHEREAS, Community Board 5 has a moratorium on newsstands on 5^th Avenue, and echoes the concerns of the Design Commission who said :"The Commission notes that the zoned, Fifth Avenue Special Business District has exceptional visual corridors and that the addition of any obstruction, including planters and newsstands will severely detract from its attractiveness and effectiveness."

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

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the N/W/C West 43rd Street and 5th Avenue; and be it further

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

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the South East Corner of Broadway and 36^th Street, and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition; and

WHEREAS, The drawing produced by the applicant is not to scale, and contains many inaccuracies; and

WHEREAS, There are existing newsstands in the vicinity; and

WHEREAS, The proposed site is a vaulted sidewalk, not reinforced to bear the weight of the structure; and

WHEREAS, 2 standpipes are located within 14 feet of the proposed newsstand location, therefore making the proposed site non-compliant with Requirements of the City of New York; and

WHEREAS, The 34^th Street Partnership expressed their strong opposition to the newsstand on the same grounds set forth above and to further oppose the application based on the adverse impact the newsstand would have on retail tenants; and

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

WHEREAS, Community Board 5 recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the South East Corner of Broadway and 36^th Street; and be it further

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

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed  by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition; and

WHEREAS, The subway entrance is located on the east corners of 50th and Broadway; and

WHEREAS, There is a bus stop on 50^th Street, close to the proposed site; and

WHEREAS, The proposed site is located in the theater district and registers extremely high pedestrian traffic: The Gershwin Theater is located on 50th Street (between Broadway and 8th Avenue); The Winter Garden Theater is located on Broadway (between 49^th and 50^th Street); and

WHEREAS, There is an already existing newsstand on the same block as the proposed newsstand site (about 15 feet north of the northeast corner of 49th Street), and there is also another newsstand across Broadway (on the northwest corner of 49th Street); and

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

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the S/E/C Broadway and West 50th Street; and be it further

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

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed  by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the S/E/C East 41^st Street & Park Avenue; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition; and

WHEREAS, The proposed newsstand would be installed on an architecturally significant sidewalk installation, developed by architect Greg LeFevre that includes several sidewalk plaques. The installation of a newsstand on the project would adversely impact the installation; and

WHEREAS, The proposed newsstand would be installed directly across from the Pershing Square viaduct; and

WHEREAS, The sidewalk where the newsstand is proposed is very fragile, so fragile that the Grand Central Partnership has never installed street furniture or planted trees because the sidewalk would be negatively impacted; and 

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

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the the S/E/C East 41st Street & Park Avenue; and be it further

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

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant wants to organize a block party on Sunday October 3^rd 2010; and

WHEREAS, The proposed event would have 5000 expected visitors throughout the day; and

WHEREAS, The proposed event would have 10 food vendors (alcohol would be served by 1 vendor), and a variety of vendors, amplified sound, portable generators, a stage and a tent; and

WHEREAS, Community Board 5 is unfairly burdened with street closures for street activity permits, parades, film permits and such, and is opposed to street closures for any new block party or street festival; therefore be it

RESOLVED, That Community Board Five recommends denial of the block party for New York Japanese American Lions Club Charities, Inc, on 41^st Street, between Madison and 5^th Avenues, on Sunday, October 3^rd 2010.

The above resolution passed  by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Xavier High School located on West 16th Street between 5th & 6th Avenues want to host a block party on Friday, October 1st, 2010; and

WHEREAS, The event will start with set up at 8.30am and will end at 2.30pm; and

WHEREAS, The event is exclusively for students of the school and is not open to the general public; and

WHEREAS, The event has been recurring for the past ten years; and

WHEREAS, The block is very largely residential and a number of residents attended the Consents & Variances committee meeting to express their support to the block party; and

WHEREAS, The applicant has agreed to give the 16^th Street block association a table at the Block Party; therefore be it

RESOLVED, That Community Board 5 recommends approval of the block party for Xavier High School, on Friday, October 1st, 2010.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

Whereas, the "freedom to marry" is, in the words of the United States Supreme Court, "one of the vital personal rights essential to the orderly pursuit of happiness by free people."

Whereas, civil marriage grants special rights and privileges in such areas as property ownership, inheritance, health care, hospital visitation, taxation, insurance coverage, child custody, pension benefits and testimonial privileges, married couples receive important safeguards against the loss or injury of a spouse, and crucial assurances against legal intrusion into their marital privacy.

Whereas, civil marriage is the means by which the State defines a couple's place in society.

Whereas, same gender couples are denied access to the institution of civil marriage.

Whereas, those who are excluded from its rubric are told by the institutions of the State, in essence, that their solemn commitment to one another has no legal weight.

Therefore be it resolved that the Manhattan Borough Board urges the Governor and the New York State Legislature to immediately amend the domestic relations law, in relation to the ability to marry, to read as follows:

A MARRIAGE THAT IS OTHERWISE VALID SHALL BE VALID REGARDLESS OF WHETHER THE
PARTIES TO THE MARRIAGE ARE OF THE SAME OR DIFFERENT SEX (S4440).

This amendment, Bill S440, provides same-sex couples the same opportunity to enter into civil marriages as opposite-sex couples. The bill also provides that no member of the clergy may be compelled to perform any marriage ceremony.

WHEREAS, The applicant has applied to the Landmarks Preservation Commission for a Certificate of Appropriateness for the installation of a new storefront for the eastern entrance to the building located at 17 West 17th Street; and

WHEREAS, The building is located on the north side of 17th Street between 5th Avenue and 6th Avenue in the Ladies' Mile Historic District; and

WHEREAS, The work would include replacement of the existing eastern single glass door, which is framed in aluminum and flanked by two glass panels, with a double glass door framed in aluminum, which would match the proportions of the existing double solid metal service entrance door located at the western entrance to the building; and

WHEREAS, They would replace the existing upper metal transom panel above the eastern entrance with a glass transom panel, which would match the upper glass transom panel located above the western entrance, while the existing lower rectangular glass transom panel, which currently matches the lower rectangular glass transom panel above the western entrance, would remain; and

WHEREAS, They would replace the existing rounded canvas awning above the eastern entrance with a one-inch plate clear tempered glass canopy, which would be supported by support rods utilizing the existing holes in the masonry; and

WHEREAS, They would recess the existing call box at the eastern entrance into the stone return; and

WHEREAS, They would clean and patch the existing masonry around the eastern storefront, which is currently in poor condition; and

WHEREAS, The existing storefront has been in place since at least 1980 and historic photos do not show the details of the original storefront; and

WHEREAS, Although it was felt that the glass canopy was too modern for the building in the context of the surrounding historic district and it would be preferable that either no canopy or a more historically-appropriate canopy be installed, other proposed work would be appropriate, would balance the existing western entrance and would improve the existing condition of the building; therefore, be it

RESOLVED, Community Board Five recommends approval of the majority of the application for a Certificate of Appropriateness at 17 West 17^th Street for the installation of a double glass door framed in aluminum and a glass transom panel, the recessing of the existing call box, and the cleaning and patching of the existing masonry; however, be it

RESOLVED, Community Board Five recommends denial of the installation of a glass canopy.

The above resolution passed by a vote of 19 in favor; 6 opposed; 1 abstaining.

WHEREAS, 23 East 20^th Street is an 8-story, neo-renaissance, loft building in the Ladies Mile Historic District erected in 1899-1901; and

WHEREAS, the top two floors were added in the 1920's and not original construction, and

WHEREAS, the applicant proposes a complete and harmonious façade restoration including repairs to the fire escape and masonry façade, chimney and lintel replacement - all approved by the LPC staff ; and

WHEREAS, the cornice has deteriorated beyond repair and after a diligent search, no documentation survives to direct a historically accurate replacement, and

WHEREAS, the proposed cornice is on the two story modern addition and its design harmonious to the historic façade, Therefore be it:

RESOLVED, That Community Board Five recommends approval of the application to replace the cornice at 23 East 20^th Street.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

WHEREAS, the Haskins & Sells Building, located at 35-37 West 39th Street (between 5th & 6th Avenues), was constructed in 1912 by architect Frederick C. Zobel; and

WHEREAS, it served as the principle location for the accounting firm of Haskins & Sells; and

WHEREAS, it was touted as the first auditing firm founded by American accountants; and

WHEREAS, the building is a twelve-story Renaissance style structure with rounded arches, arcades, balustrading, a terra-cotta arcaded base ascending to a canted tower of blonde brick; and

WHEREAS, the large bays of windows feature ornate iron grilles and is topped by a terra-cotta frieze inlaid with marble; and

WHEREAS, the bays are separated by pilasters with sculpted relief and ornate capitals in inlaid marble rondels and a prominent corner balcony; and

WHEREAS, the architect, Mr. Zobel, is credited with advancing the techniques of skyscraper construction and designed more than 15 buildings in New York; and

WHEREAS, the building continues to feature many original details; therefore be it

RESOLVED, That Community Board 5 recommends approval of Landmark designation for the Haskins & Sells Building at 35-37 West 39th Street, recognizing its position as an example of early 20th century neo-Renaissance style and its position in the business history of New York City.

The above resolution passed by a vote of 22 in favor; 3 opposed; 1 abstaining.

WHEREAS, 156 5th Avenue, a 12 story office building, at the northwest corner of 20^th Street was constructed in 1894-95 in the Neo-Romanesque style by the firm of Rowe&Baker; and

WHEREAS, the ground floor is comprised of a recessed central building entrance with retail storefronts flanking the lobby on 5^th Avenue, and along 20^th Street; and

WHEREAS, the Applicant, wishes to: (a) replace non-original storefront on the southern bay on 5^th Avenue to match the storefront on the northern bay, which was previous approved by LPC C of A# 99-2132 in 1998; (b) remove existing louvers and masonry at four (4) openings and replace with new glass and stainless steel storefront to match the 1998 approved northern bay, this improvement will also provide ADA access to the retail shop where there currently is none; (c) on 20^th Street remove non-original 1985 brown aluminum storefront and restore the original historic storefront which is concealed underneath, this will be consistent with 20^th Street storefronts; and (e) a sign band will be on the horizontal storefront mullion; and

WHEREAS, the 20^th Street alteration is appropriate as a restoration of the original storefront and the alteration of the 5^th Avenue storefront is in keeping with the previous deemed appropriate storefront proportions and the new doors and windows will bring back the original use and aesthetic; therefore be it

RESOLVED, that Community Board Five recommends approval for a new storefront and doors for 156 5^th Avenue.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

WHEREAS, An application has been submitted which requests permission to restore and re-clad the dome of St. Bartholomew's Episcopal Church, located at 325 Park Avenue, between East 50^th Street and East 51^st Street, which was designated an individual landmark by the New York City Landmarks Preservation Commission in 1967; and

WHEREAS, Construction of St. Bartholomew's Episcopal Church - which has been called "a jewel in a monumental setting" - started in 1916, based on the Byzantine designs of the renowned architect Bertram Grosvenor Goodhue, and had been completed sufficiently for the church to be consecrated in 1918; and

WHEREAS, Additional construction continued over the next decade, during which time designs were altered, particularly after Goodhue unexpectedly passed away in 1924, and the site expansion was assumed by his office associates, in partnership as Mayers, Murray & Phillips, who would oversee the project through completion by 1930; and

WHEREAS, The design of St. Bartholomew's domed roof is inspired from adaptations of the Byzantine style found in Venice and was installed in 1930, as a substitute for a spire that had been planned, but never built; and

WHEREAS, The dome's construction is a composition of limestone ribs containing intricately decorative tile cladding of terra cotta, marble and granite; and

WHEREAS, St. Bartholomew's dome has been subject to eight decades of harsh freeze-thaw conditions inherent to the climate of the Northeast, as well as acid rain that at the time had been typical in New York City, and the dome's cladding continues to deteriorate at an alarming rate; and

WHEREAS, Since terra cotta, marble and granite expand and contract at dissimilar rates, this has caused tiles to come loose at the joints, become cracked, and on occasion fall off, and due to the existence of open voids in its surface, several areas of the dome have been penetrated by vegetation growth; and

WHEREAS, In surveying and documenting the existing conditions, the restoration architects have recorded and cataloged an entire panel of the dome by producing rubbings with paper and crayon, scanning them into a computer and converting them into AutoCAD drawings, which documentation proved necessary for recording the many various shapes that make up the unique design of the dome; and

WHEREAS, The applicant proposes to remove all of the existing dome cladding and to replace this in five colors of terra cotta, manufactured in the many shapes that make up the design and shades which will match those of the existing terra cotta, marble and granite and which will exceed the compressive strength and will have a lower absorption rate than the original because of the special firing techniques used today; and

WHEREAS, Existing limestone ribs and existing granite base would be removed, salvaged, cleaned and re-installed, and existing mission style terra cotta roof tiles would be removed and replaced with exact replications; and

WHEREAS, Community Board Five believes that recreation of the Byzantine style dome cladding in the medium of terra cotta will ensure the beauty and durability for generations to come; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application to restore and re-clad the dome of St. Bartholomew's Episcopal Church.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

WHEREAS, 370 Park Avenue, an individual landmark designed by McKim, Mead & White completed in 1918, is located on the West side of Park Avenue between 52^nd and 53^rd Streets and has applied to the Landmarks Preservation Commission ("LPC") for approval of façade repair and restoration; and

WHEREAS, the existing balustrade and cornice elements at the top of the building are made from terra cotta and in 1997 the staff of LPC permitted the applicant to replace several damaged cornice pieces with glass fiber reinforced concrete units ("GFRC"); and

WHEREAS, there is a poorly conceived roof drainage system incorporated into these elements that has continued to leak water over a period of years; and

WHEREAS, the existing balustrade and cornice elements are now beyond repair, in need of complete replacement, and pieces have been falling from the building; and

WHEREAS, the proposed scope of work is to remove the failed balustrade and cornice elements of the building and replace them with new units to be fabricated with molds from the original pieces using GFRC and repair the underlying steel cornice; and

WHEREAS, the choice of using GFRC fabricated with molds from the original pieces to replace the terra cotta is appropriate due to its ability to take on the same texture, color, profiles, and size of the original elements and, in addition, will withstand the test of time substantially better than the existing material; therefore, be it

RESOLVED, Community Board Five recommends approval of the application for façade repair and restoration at 370 Park Avenue.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

WHEREAS, The garage is located on 885 6^th Avenue, bounded by 32^nd St, 6 Avenue, West 31^st St and 7^th Ave; and

WHEREAS, The applicant seeks a special permit for a parking garage for a total of 201 spaces, which will include 80 monthly parking spaces and 121 transient spaces; and

WHEREAS, Entrance to the garage would be on 31^st Street, which would replace a parking lot that existed in this location prior to the development of a new building; and

WHEREAS, There is a lack of parking in this neighborhood, further exacerbated by a 20% decrease in the area's parking spaces since 1995 resulting from the development of new buildings on former parking lot locations; and

WHEREAS, There are few on-street parking locations to accommodate the ever increasing parking demand around 32^nd Street; and

WHEREAS, The developer has agreed to provide free storage space to the 34^th St. Partnership, provide 48 bicycle parking spaces (two times the required amount under the current zoning resolution); and

WHEREAS, The developer has agreed to give a right of first refusal to all building residents for parking spaces before offering spaces to the public; and

WHEREAS, The developer has agreed to allow space for zipcars or other similar car-share services and the car-share spaces will come out of the 120 transient parking spaces; and

WHEREAS, Although Community Board Five has concerns over the traffic problems in mid-town, the project will provide a net benefit to the community; therefore be it

RESOLVED, That Community Board Five recommends approval the application for a special permit by Tower 111 Garage for a 201-space parking garage pursuant to Section 13-562 and 74-52 of the Zoning Resolution.

The above resolution passed by a vote of 25 in favor, 0 opposed, 1 abstaining.

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

WHEREAS, Grand Central Marketing has submitted an application for an event promoting a new Warner Bros. clothing  line to be sold at JC Penney, which would take place in Greeley Square on Saturday, July 24, 2010 from 9:00 am to 2:00 pm; and

WHEREAS, Setup for the proposed event would begin at 12:00 midnight and end at 4pm; and

WHEREAS, The event would include amplified sound, a meet and greet with gymnast Nastia Liukin, performances by local gymnasts, plus a fashion show, stretch class and dance routines; and

WHEREAS, Postcards of Nastia Liukin will be handed out for autographs; and

WHEREAS, The proposed event is mostly commercial in nature and would take up the entire footprint of the park thus preventing community use of the park area and hindering foot traffic through the area; therefore be it 

RESOLVED, That Community Board Five recommends denial of the application for the JC Penney/Warner Bros. event in Greeley Park on Saturday, July 24, 2010.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

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

WHEREAS, GrowNYC (Council on the Environment of NYC) has submitted an application to hold an Environmental Fair known as Green City - 2010 in the South Plaza of Union Square Park between the hours of 12:00 PM and 7:00 PM, with set-up to begin at 9:00 AM and dismantling and clean-up to be completed by 8:00 PM; and

WHEREAS, The proposed Fair intends to educate the public about the benefits of making New York City more sustainable; and

WHEREAS, Green City - 2010 exhibitors would be an assortment of city agencies, not-for-profit organizations and businesses who are at the forefront of environmental stewardship, education and awareness; and

WHEREAS, Green City - 2010 would be free and open to the public, and would include hands-on activities such as planting a container garden, tutorials and multi-media art exhibits; and

WHEREAS, The proposed event is one which does not have a commercial intent, and may offer some public benefit; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by GrowNYC to conduct an Environmental Fair in Union Square Park on Wednesday September 29, 2010.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

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

WHEREAS, New Tang Dynasty Television (NTDTV), a not-for-profit enterprise, has submitted an application to conduct the third annual International Chinese Culinary Competition in Father Duffy Square on Thursday September 30, 2010 and Friday October 1, 2010, between the hours of 9:00 AM and 10:00 PM; and

WHEREAS, The Competition will be broadcast in both English and Chinese throughout the world via satellite, and visitors to the Times Square area would be able to enjoy the events via Jumbotron television screens; and

WHEREAS, The competition would feature cuisine from five regions of China that were oppressed during the Cultural Revolution, with the hope of re-introducing their recipes and techniques so that their regional dishes might enjoy a resurgence in popularity; and

WHEREAS, The Third Annual International Chinese Culinary Competition would be a cultural/educational event with high-quality production values including costumes, set decoration, layout, and tasteful signage, and the applicant hopes to conduct this in Times Square to coincide with their theme of "From the Cross Roads of the World"; and

WHEREAS, The proposed event would occur during an off-peak season, on non-matinee days, and access to the glass stairs, TKTS booths and the adjacent Broadway plaza will remain open to the public; and

WHEREAS, The applicant has three years of experience producing previous competitions in other venues, and is currently working closely with the Times Square Alliance, the New York City Department of Parks & Recreation, and other agencies to ensure that this year's event would be conducted in a safe, satisfactory and successful manner; therefore, be it

RESOLVED, That Community Board Five recommends approval of NTDTV's application to conduct the Third Annual International Chinese Culinary Competition in Father Duffy Square on Thursday September 30, 2010 and Friday October 1, 2010.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

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

WHEREAS, Sarah Bass has submitted an application to demonstrate a fitness program based on Roman sword movements in the South Plaza of Union Square Park on Sunday, August 8th between the hours of 1:00 PM and 3:00 PM; and

WHEREAS, The applicant would have flyers with their contact information on hand, but would not be actively handing them out; and

WHEREAS, The proposed event does not require a large amount of space, is brief in duration, and may offer some public benefit; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Sarah Bass, Inc. to conduct a special event in Union Square Park on Sunday August 8, 2010.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

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

WHEREAS, Styleta has submitted an application to conduct a clothing drive in Union Square Park on Saturday July 24, 2010 between 10:00AM and 5:00PM with 30 minutes each of set-up and break-down; and

WHEREAS, Styleta, Inc. is a not-for-profit, student-run organization that takes clothing donations and donates them to charity or sells them online and sends the proceeds to charities that support women's initiatives; and

WHEREAS, Styleta, Inc. wants to set up a table, chairs, a few bins, and a couple of posters in the South Plaza of Union Square Park to encourage people to give clothing to help people in need; and

WHEREAS, The applicant would have advertising materials on hand for people to learn more about their organization, but would not be actively handing them out; and

WHEREAS, The proposed event is one which does not require a large amount of space, does not have a commercial intent, and may offer some public benefit; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Styleta, Inc. to conduct a clothing drive in Union Square Park on Saturday, July 24, 2010.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

WHEREAS, Jenny Umans, on behalf of TR32 Enterprise Corporation ("Applicant"), has notified Community Board Five of its intention to file an application for an on premises liquor license within the premises to be leased to Applicant on the fourth floor of 2 West 32^nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 2,000 square feet of indoor space on the fourth floor of the Premises; and

WHEREAS, The Premises will be operated exclusively as a bar, lounge, with a total of 31 tables and 62 seats for drinking and eating light fare; there will be no bar stools; and

WHEREAS, Estimated total capacity is approximately 70 on the fourth floor including personnel and staff; and

WHEREAS, The Premises will include 1 patron bar; and

WHEREAS, Applicant shall:

a.       provide floor plans prepared by licensed architect, indicating egress path, egress calculations and occupancy load in 30 days (August 1, 2010)

b.      provide NYC DOB approved plans in 60 days (September 1, 2010)

c.       operate the Premises as a lounge with standing bar and light fare food service. Private parties shall be deemed included in Lounge Use;

d.      hours of operation Monday through Thursday 6 PM to 2 AM; Friday and Saturday 6PM through 3AM; and closed Sunday;

e.       at its option, have a live piano music to be used by patrons;

f.       prohibit dancing at the Premises at all times;

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

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

i.        meet with neighbors and CB5 if requested 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 Jenny Umans ever contemplate a transfer of her interest in Applicant so that she 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 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 TR32 Enterprise Corporation for an on premises liquor license within the premises to be leased to Applicant on the fourth floor of 2 West 32^nd 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 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, Joe Regele, on behalf of Roughlock LLC ("Applicant"), has notified Community Board Five of its intention to renew an existing liquor license for the ground floor bar located at 127 West 26^th Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 2,353 square feet of indoor space on the ground floor;  and

WHEREAS, The Premises is operated exclusively as a bar, with a total of 18 tables, 54 seats and 28 bar stools, with a partial kitchen serving prepared foods only; and

WHEREAS, Total capacity of the Premises is 225 and the Premises includes 2 patron bars and no service bars; and

WHEREAS, Applicant shall:

a.       agree to close and secure the front double-hung windows at 10:00pm every night of the week, 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, and (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;

c.       incorporate the use of a "smoking pen" with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

d.      agree to install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk in front of Premises;

e.       instruct staff and management that under no circumstances are alcoholic beverages to be passed through the window to patrons on the sidewalk; nor are patrons to be permitted to leave the Premises with alcoholic beverages in hand;

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

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

h.      return to CB5 in three (3) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

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

RESOLVED, That Community Board Five recommends denial of the application by Roughlock LLC to renew an existing liquor license for the ground floor bar located at 127 West 26^th 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 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Edge NYC Inc. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for an original on-premises liquor license for the premises located at 162 Madison Avenue between E32nd & E33rd; and

WHEREAS, CB5 receives approximately 50-60 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done on such things as square footage, public assembly, sound amplification and hours of operation,  as well as conducting a site visit and having discussions with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding such a request to the community board office in the form of a questionnaire; and

WHEREAS, This questionnaire is provided on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Numerous follow-up phone calls/emails are made by the committee and board office and in some cases this request for information is ignored; and

WHEREAS, Applicants/attorneys who do not comply are contacted and apprised that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until next month and with the notation that said application to the State Liquor Authority will not be submitted until after the applicant/attorney meets with the PS/QL Committee; and

WHEREAS, After numerous attempts, this applicant has not complied with this requirement, and the PSQL Committee and CB5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for an on-premises liquor license for Edge NYC Inc., for the premises located at 162 Madison Avenue between E32nd and E33rd.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, 260 COM 4 LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license for new space to be leased to Applicant on the ground floor and basement of 260 Park Avenue South, New York, New York, (the "Premises"); and

WHEREAS, The Premises is located in a new twelve story condominium containing 108 residential units; and

WHEREAS, The Premises consists of approximately 6,000 square feet in the ground floor and basement of the newly constructed Premises, which space has a legal occupancy of 233 persons; and

WHEREAS, No liquor license currently exists at the Premises and the proposed use of the Premises is as a new restaurant/bar/lounge; and

WHEREAS, The proposed hours of operation of the Premises are 5:00 PM to 1:00 AM Sunday through Wednesday and 5:00 PM to 4:00 AM Thursday through Saturday; and

WHEREAS, There is some overlap in the principals of Applicant and 260 Park Avenue South LLC, the owner of the Premises; and

WHEREAS, Although the Applicant has hired a well-qualified and experienced consultant on an at-will basis, the principals of Applicant have no experience managing or operating a restaurant/bar/lounge; and

WHEREAS, Members of the community have identified twenty-six (26) establishments within 500 feet of the Premises with an on-premises liquor license; and

WHEREAS, Members of the community have offered evidence that the Premises may be within 200 feet of the Calvary Episcopal Church; and

WHEREAS, A petition opposing the application with approximately 250 signatures was presented to CB5 by members of the community; and

WHEREAS, The proposed lease to Applicant for the Premises does not contain restrictions and prohibitions with respect to use and disturbance customarily found in arms-length leases and there is concern that the overlapping relationship between principals of Applicant and the owner of the Premises would leave Applicant subject to no customary supervision or enforcement of quality of life standards by ownership; and

WHEREAS, The proposed method of operation as a new restaurant/bar/lounge open to 1:00 AM weekdays and 4:00 AM weekends for a large 6,000 sf space with a high occupancy of 233 persons is not appropriate at the location of the Premises; therefore be it

RESOLVED, that Community Board Five recommends denial of the application by 260 COM 4 LLC for a new on premises liquor license at 260 Park Avenue South, New York, New York.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, In a continuing effort to promote safety for pedestrians, motor vehicles, bicyclists, and other users of the public streets and sidewalks and to improve the flow of vehicular traffic, the Department of Transportation ("DOT") has developed a pilot program to implement certain changes to traffic flows in and around Union Square; and

WHEREAS, Over the course of three consecutive meetings lasting more than six hours in total, the Transportation and Environment Committee ("the Committee") of CB5 heard a thorough airing of the differences of opinion between and among DOT and some members of the residential and business communities in the Union Square vicinity; and

WHEREAS, At the June, 2010, meeting of the Committee, DOT again presented its preliminary outline of the proposed pilot plan, which included:

(i)         conversion of 17^th Street between Broadway and Park Avenue South from a two-way street to a one-way street with traffic flowing westbound only,

(ii)        simplification of traffic signals at the intersection of Broadway, 17^th Street and Union Square West,

(iii)       simplification of the intersection of 17^th Street and Park Avenue South,

(iv)       prohibition of eastbound turns from Union Square West onto 14^th Street,

(v)        installation of a protected bicycle lane, floating parking lane, and  one travel  lane on Broadway from 23^rd to  17^th Streets,

(vi)       widening of the sidewalk on the east side of Broadway from 18^th to 17^th Streets,

(vii)      in order to improve the flow of traffic on Park Avenue South, putting in place the following restrictions: going north, no westbound turns will be permitted at 19^th and 23^rd Streets; going south, no eastbound turns will be permitted at 18^th Street; and

(viii)     adding right turn lanes at 23rd, 22^nd and 20^th Streets at Park Avenue South to accommodate downtown bound traffic; and

WHEREAS, At the June 2010, meeting of the Committee, DOT presented an amended preliminary outline of the proposed pilot plan that reflected substantive changes made to respond to and accommodate many of the concerns expressed at two previous Committee meetings and subsequent meetings with DOT and the residents, which included:

(i)         eliminating the closure of Broadway to through traffic at 18^th Street in order to mitigate the concern that such closure would significantly increase traffic on 18^th Street between Broadway and Park Avenue South,

(ii)        moving the bicycle lane from the east side of Broadway to the west side of Broadway between 23^rd and 17^th Streets,

(iii)       adding dedicated turning lanes on 18^th Street on both the right- and left-hand sides of that street at its intersection with Park Avenue South in order to address concerns of traffic congestion at that intersection,

(iv)       restricting overnight and weekend parking at the north curb of 18th Street between Park Avenue South and Broadway to reduce congestion and horn-honking caused by late evening club traffic,

(v)        allowing southbound traffic from Broadway to continue uninterrupted onto Union Square West,

(vi)       allowing through-traffic on Union Square West from 17^th to 14^th Streets to flow at all times,

(vii)      moving the Greenmarket parking from the east side of Union Square West to the west side of that street,

(viii)     adding additional dedicated turning lanes from affected side streets onto Park Avenue South, and

WHEREAS, In response to the request of members of the community, DOT also committed to cease all preparatory work on the Union Square proposed pilot proposal prior to approval of a resolution by the Board; and

WHEREAS, In response to the request of members of the community, DOT also agreed to work with the MTA to seek possible diversion of express bus routes from the Broadway/Park Avenue South corridor onto the Fifth Avenue corridor; and

WHEREAS, DOT indicated that other changes requested by certain members of the community would compromise the safety-related portions of the proposed pilot plan as currently envisioned and would make it impossible for DOT to move forward with the proposed pilot plan; and

WHEREAS, The Committee was satisfied that, through the six hours of public testimony and numerous letters and petitions submitted to the Board and the Committee, the Committee had a thorough understanding of the issues at hand and the opinions and concerns of those members of the public that are opposed to the proposed pilot plan and their reasons therefore; and

WHEREAS, Other residents voiced endorsement of the proposal and emails and letters of support have been received by the board office; and

WHEREAS, The Committee, after discussion, believes that changes set forth in the proposed pilot plan bear a reasonable relationship to the goals of improving safety and traffic flow, as proposed by DOT; and

WHEREAS, The Committee also believes that modifications to the proposed pilot plan made in response to input from certain members of the community substantially address, in a manner consistent with the overall goals of the proposed pilot plan, the concerns raised by those members of the community during said oral and written public testimony; and

WHEREAS, The Committee re-iterated and the DOT confirmed that members of the community would continue to have input to the overall design of the proposed pilot, with particular emphasis on the use and configuration of the widened sidewalk between 17th and 18th streets, continuing through to the Committee's August, 2010 Committee meeting as established at the Committee's May, 2010 meeting; therefore be it

RESOLVED, That Community Board Five supports the implementation of the DOT's proposed pilot plan for Union Square, upon the conditions that:

(i)         DOT allow community input, through the auspices of the Union Square Partnership or otherwise, into the potential uses of the widened sidewalk on the easterly side of Broadway between 18^th and 17^th Streets,

(ii)      that DOT collect data amassed during the period of the proposed pilot program, covering the project area and areas adjacent thereto, regarding the traffic volume changes (by location), traffic speed changes, pedestrian, bicycle and vehicular safety statistics, and GPS data from taxis, and compare it to existing data, 

(iii)     that DOT report back to the Board with such data at the end of each of the 3^rd and 6^th months following the implementation of the proposed pilot plan. 

The above resolution passed with a vote of 24 in favor, 1 opposed, 1 abstaining.