July 2011

WHEREAS, SDNY 19 MAD PARK, LLC (SD26) is applying for an unenclosed sidewalk café at 19 East 26^th Street (between 5^th and Madison Avenues); and

WHEREAS, The proposed sidewalk café would have 7 Tables and 14 Seats, encompassing a total serving area of only 163 sq.ft.; and

WHEREAS, The sidewalk café would allow for more than 9 feet from the curb for unobstructed pedestrian traffic; and

WHEREAS, The SD26 is located on the New York Gift Building, a landmark building in the Madison Square North Historic District; and

WHEREAS, The applicant has obtained a "Certificate Of No Effect" from the NYCLPC allowing for "...an unenclosed sidewalk café consisting of 7 tables with chairs and moveable railings..." (Docket # 120541 / CNE# 12-1435); and

WHEREAS, The applicant agreed to the Committee's requirements for sidewalk café operating hours of Sunday through Wednesday 11:30 AM to 10:00 PM and Thursday through Saturday till 11:00 PM; and

WHEREAS, The applicant agreed to move existing planters to limit any additional impediments to sidewalk traffic; and

WHEREAS, No comment or objection was raised by members of the public; therefore be it

RESOLVED, That Community Board Five recommends approval for an unenclosed sidewalk café, with 7 tables and 14 seats, at 19 East 26^th Street, d/b/a SD26.

The above resolution passed by a vote of 17 in favor; 13 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on the southwest corner of 37^th street and Broadway; and

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

WHEREAS, The proposed site is in a highly congested area; and

WHEREAS, CB5 received letters from The Fashion BID and Sitt Asset Managemant LLC, the land owner directly in front of the proposed site, expressing concerns regarding pedestrian safety and over saturation of street furniture in the area; and

WHEREAS, There is already a newsstand on the same block as the proposed site, west side of Broadway between 36^th and 37^th streets; and

WHEREAS, The area is adequately served by not only the aforementioned newsstand but newsstands on the Northwest corner of 35 and Broadway, the Northwest corner of 36th and Broadway, Southeast corner of 38^th and Broadway, and the Northwest corner of 39^th and Broadway, as well as a several brick and mortar candy vendors along the Broadway corridor; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the Southwest corner of 37^th and Broadway.

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on the Southwest corner of 53^rd street and The Avenue of the Americas; and

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

WHEREAS, The proposed newsstand would be located directly in front of the public plaza and fountain at 53^rd and 6^th; and

WHEREAS, Community Board Five has routinely requested denial of street furniture which blocks the view and accessibility to these fountains and public seating areas; and

WHEREAS, The proposed newsstand would be located on in an area which registers extremely high pedestrian traffic; and

WHEREAS, This area is already very busy with pushcarts and street food vendors lining the curbs; and

WHEREAS, The proposed newsstand would have a negative impact on the afore mentioned pedestrian traffic, thereby adding to congestion and potential causing pedestrians to walk out into the street, creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on the Southwest Corner of 53rd street and Avenue of the Americas; and be it further

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

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, 11 West 20th Street, located in the Ladies' Mile Historic District, is an historic store and loft building, in the Neo-Renaissance style, built in 1901 by architect George W. Spitzer and was part of the later development of Ladies' Mile; and

WHEREAS, The application is for a Certificate of Appropriateness to replace four wood single double hung windows (black finish), with four aluminum single double hung windows (black finish) on the 8^th floor; and

WHEREAS, It is nine stories tall and 36 feet wide with a stone façade, and with four arched wood windows at the top which the applicants proposes to change to aluminum;  and

WHEREAS, CB5 and LPC voted in 1995 to approve a similar application for the ninth floor windows designed and fabricated as by the same manufacturer; therefore be it

RESOLVED, Community Board Five recommends approval of this application for a Certificate of Appropriateness for the 8th Floor at 11 West 20th Street (Ladies' Mile Historic District).

The above resolution passed by a vote of 30 in favor; 1 opposed; 1 abstaining.

WHEREAS, 20 West 23^rd Street, is a commercial building located in the  Ladies Mile Historic District and the owners have applied to LPC for a C of A to renovate the building facade to install new windows on the first two floors and a new entry door at the westerly side of the building; and

WHEREAS, The building was originally a residence but has been used for commercial/retail purposes for many decades and is in need of restoration; and

WHEREAS, The owners have proposed a redesign of the first two floors consisting of:

1.      Restoration and cleaning of the original cast iron columns at either end of the building;

2.      Replacement of the existing (not original) windows on the second floor with six new windows similar to the six windows shown in a historic Tax photograph;

3.      Renovation of the storefront including installation of four glass bifold doors that can be opened outward for possible future restaurant uses;

4.      Replacement of the entrance doorway at the easterly side of the building and the addition of a matching doorway at the westerly side of the building for the retail store access;

5.      Installation of four new light fixtures above the second floor, design to be determined in consultation with LPC staff; and

WHEREAS, CB5 finds the adaptive reuse considerations of the new design acceptable to modernize the building; and

WHEREAS, The building will appear harmonious with other recently renovated adjacent buildings; therefore be it

RESOLVED, Community Board Five recommends approval of the Application for a Certificate of Appropriateness for 20 West 23^rd Street in the Ladies Mile Historic District.

The above resolution passed by a vote of 27 in favor; 4 opposed; 1 abstaining.

WHEREAS, CB5 was notified in a letter dated June 17, 2011 that LPC has scheduled a Public Hearing on July 12, 2011 for the proposed designation of Martha Washington Hotel, 27-31 East 29th St. (AKA 30 East 30th St.)  as an individual NYC Landmark; and

WHEREAS, This twelve-story Renaissance Revival style building was one of the first New York residential buildings to cater to  the needs of the new single, working women of the early 20th century, built at a time when many women were beginning to create lives for themselves apart from husbands and families; and

WHEREAS, The building was the project of the Woman's Hotel Company whose funds were raised by subscriptions, many from women themselves, and it had apartments for about 500 women as well as 150 rooms for transient guests; and

WHEREAS, The structure, built in 1903, was designed by architect Robert W. Gibson, who was also responsible for the design of the West End Collegiate Church, Morton and Nellie Plan House (now Cartier's on Fifth Avenue), and the New York Botanical Garden Museum (now Library) Building, all designated New York City Landmarks; and

WHEREAS, The building, now known as Hotel 30-30, goes through the block from 29th to 30th Streets and is faced with Indiana limestone and pink brick with terra-cotta ornamental panels and it is highlighted by a broad, overhanging cornice; and 

WHEREAS, The building features Palladian windows, splayed lintels with keystones, and balconies with iron railings with the main, centrally-located entrance is on 29th Street, while the ground floor on 30th Street has two prominent arched entranceways; the second story serves as a piano nobile with over-scaled windows, quoins and balconies fronting the windows; and 

WHEREAS, The social, cultural and historic importance of this building are compelling enough to qualify it for designation apart from its impressive architectural significance; therefore be it

RESOLVED, Community Board Five recommends approval of the proposed designation of Martha Washington Hotel, 27-31 East 29th St. (AKA 30 East 30th St.) as an individual NYC Landmark.

The above resolution passed by a vote of 30 in favor; 1 opposed; 1 abstaining.

WHEREAS, The owner of 600 Fifth Avenue (between 48^th and 49^th Streets), a landmarked building in Rockefeller Center, has made an application to the Landmarks Preservation Commission ("LPC") for the installation of a storefront revolving door, modifications to two storefront bays, and signage, on the north 49^th Street façade; and

WHEREAS, The 49^th Street north façade will be modified by replacing the doorway with a bronze revolving door and two ADA-compliant swing doors, and removing the existing bronze signage panel over the storefront and removing the non-original, illuminated sign boxes above the window on each side of the doorway and installing over the doorway and each of the windows a new non-illuminated black-back painted glass sign band with bronze letters matching other typical Rockefeller Center storefronts, while maintaining the existing outer bronze frame and sill of the windows;  and

WHEREAS, The proposed changes to the 49^th Street north façade of 600 Fifth Avenue previously had been approved by Community Board Five in 2007, but the application was not presented to the LPC and the work was not performed and the Applicant has resubmitted the proposed work to LPC; and

WHEREAS, The proposed changes to the storefront, signage, and windows at 600 Fifth Avenue are similar to and harmonious with the existing storefronts, signage, and windows in Rockefeller Center and such changes improve the 49^th Street façade of 600 Fifth Avenue; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for the modification of the storefront, signage, and windows at the 49^th Street façade of 600 Fifth Avenue, and, in addition, urges the applicant, on behalf of Rockefeller Center, to develop and submit to LPC a master plan for the storefronts, signage, and related windows for Rockefeller Center.

The Executive Committee of Community Board Five unanimously passed the above resolution to recommend approval.

WHEREAS, The Broadhurst Theater, located at 235 West 44th Street in the Theater Subdistrict of the Special Midtown District, is a "listed theater," pursuant to Section 81-742(a) of the Zoning Resolution and qualifies as a "granting site" under Section 81-744 which specifies the transfer of development rights from listed theaters to qualified receiving sites; and

WHEREAS, AREP Fifty-Seventh LLC seeks a certification to become a "receiving site" and purchase and transfer 18,075 square feet of development rights from the Broadhurst Theater for the construction of a 108,441 square foot transient hotel with approximately 30 stories, with ground floor retail at 120 West 57th Street; and

WHEREAS, The exterior and interior of the Broadhurst Theater were designated as individual landmarks in 1987 and 1988, respectively, and has previously made one development rights transfer in 2007 to 131-139 West 45th Street, with a second currently pending to 120 West 41st Street; and

WHEREAS, For the certification to be granted, several criteria must be met by both the receiving and granting sites:

1)      The Broadhurst Theater must show how it has computed its available development rights and upon the transfer of 18,075 square feet of its unused development rights, will irrevocably reduce the development potential of that property by that amount;

2)      Once completed, the transfer is irrevocable;

3)      The maximum increase of FAR at the receiving site cannot exceed 20%, which in this case would increase the applicant's development FAR from 15 to 18, representing approximately four stories;

4)      The receiving site must be located within the Theater Subdistrict;

5)      The Broadhurst Theater must: contribute $14.91 per square foot of transferred floor area, for a total of $269,498.25 to the Theater Subdistrict Fund and its grant program to further the goals of the Theater Subdistrict; provide a signed lease or a written commitment from its owner for occupancy of the theater and its operation as a legitimate theater for a period of not less than five years; provide to the Department of City Planning and Landmarks Preservation Commission a licensed engineer's and/or architect's report certifying the theater is physically and operationally sound so as to permit its use as a legitimate theater and were it not, it would have required a plan, program, and timetable to upgrade the theater to make it so; a legal commitment providing for the inspection and ongoing maintenance of the theater to ensure its continued availability for theater use; and a legal commitment for its continued use as a legitimate theater for the life of the related development at 120 West 57th Street; and

Whereas, Upon review, Community Board Five believes that all of these criteria have been met or will be met upon the granting of the CPC Certification; and

WHEREAS, While this project is contextual to the neighborhood, including two setbacks and a 20-foot rear yard, and although the building is not yet completely designed, it is expected to be a combination of glass and masonry, the community has several concerns with, and suggestions for the applicant, as well as for the administrators of the Theater Subdistrict Council, LDC which oversees the Theater Subdistrict Fund and as such, we strongly urge:

-- That the property owner strives to engage a top-quality hotel operator that will be attentive to the mixed-use character of this neighborhood, including heightened care given to how trash is managed and how noise from its public spaces is mitigated;

-- That before the building's design is completed, an effort be made to add sidewalk trees and other neighborhood amenities that contribute to the streetscape and quality of life;

-- That the Theater Subdistrict Fund, which has begun to make grants to New York performing arts organizations, as per its mission, where possible, to favorably consider grants of qualifying organizations in the area of the receiving sites; and

-- That the Theater Subdistrict Council, LDC, which is required to review the per square foot contribution rate every three to five years for appropriate increases, strives to do so at the three-year, instead of the five-year mark, which has been its practice; and therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a CPC certification pursuant to Zoning Resolution Section 81-744(a) to allow the transfer of 18,075 square feet of theater development rights from the Broadhurst Theater to a development site located at 120 West 57th Street.

The above resolution passed by a vote of 30 in favor, 0 opposed, 1 abstaining.

WHEREAS, A proposal has been received from Blaze Mobile to hold a Launch Party for the Blaze Mobile Wallet in Union Square Park; and

WHEREAS, The Launch Party would take place on Friday September 30, 2011, from 10:00 am to 6:00 pm, with set-up beginning at 6:00 am and clean-up concluding by 8:00 pm; and

WHEREAS, The event would include Blaze Mobile banner signage at the four corner entrances to the Park and a stage (approximately 16' by 6') and video screen in the South Plaza; and

WHEREAS, Street teams would be placed at strategic locations and subway entrances during rush hours and lunchtime to demonstrate the Blaze Mobile Wallet on iPads or laptops and to solicit on-line sign-ups; and

WHEREAS, The South Plaza stage would feature a host explaining how the product works and invite people to sign up, a $50 Blaze sticker giveaway each hour, a DJ playing music (using amplified sound), and a video screen displaying the Blaze logo and a video of the Blaze Mobile Wallet; and

WHEREAS, Blaze generates revenue from use of the Blaze Mobile Wallet at participating merchants; and

WHEREAS, Blaze Mobile is considering bringing in corporate sponsors for the event which would brand products such as t-shirts and gift bags that would be distributed at the event; and

WHEREAS, Although the technology presented may be of interest to the community, this is essentially a commercial product sampling event that takes up space throughout the entire Park for an entire day; and

WHEREAS, Community Board Five discourages such highly commercial use of New York City parks; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application Blaze Mobile to hold a Launch Party in Union Square Park on Friday, September 30, 2011.

The above resolution passed by a vote of 31 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, Boys & Girls Clubs of America has submitted an application seeking permission to conduct a promotional event in the North Plaza of Union Square Park on Thursday, August 4, 2011 between the hours of 10:00AM and 12:00 PM; and

WHEREAS, Boys & Girls Clubs of America is a 401c3 non-profit youth development organization that promotes the ability for young people to realize their full potential as productive, responsible, and caring citizens; and

WHEREAS, Boys & Girls Clubs of America would like to promote the importance of being prepared for academic success during the school year by setting up a 200' x 85' obstacle course that would include renditions of obstacles such as getting out of bed, eating a good breakfast, doing homework, etc; and

WHEREAS, The setup would begin at midnight on August 4 and end around 6am to be ready for the course run at 10am - noon, and would breakdown immediately afterwards to finish around 2pm; and

WHEREAS, The event would include approximately 200 youths 8 - 15 years old, some of whom will be actively running in the course; and

WHEREAS, The event will be sponsored by the AT&T Foundation and will include limited signage on the obstacle course itself; and

WHEREAS, There will be a celebrity spokesperson in Kelly Rowland, who will appear at the event; and

WHEREAS, There will be amplified sound during the 2 hour event with speakers; and

WHEREAS, The organization will be handing out literature to promote the Boys & Girls Clubs of America and provide information about education and preparation for school; and

WHEREAS, The proposed event brings awareness to the community about this charitable organization, 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 Boys & Girls Clubs of America to conduct an event in Union Square Park on Thursday, August 4, 2011

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, the Central Parks Conservancy has proposed work that is largely in-kind, in a very limited entry area adjacent to the East 69^th street entry including:

• reconstruction of the paths and storm drainage system
• horticultural improvements
• new irrigation infrastructure
• modest realignment of the existing entrance path, in order to smooth out an awkward path geometry
• benches closest to the perimeter (which contribute to crowding at the entrance) will be relocated further into the Park towards the path intersection that surrounds a commemorative flagpole, and

WHEREAS, Consistent with other park entrances, a low, black pipe rail fence will be added to protect the entrance plantings, and a granite threshold stone will be added at the perimeter wall opening, and

WHEREAS, In keeping with their park-wide bench policy, approved by the Landmarks Preservation Commission and in effect since 1994, the existing wood-and-concrete benches will be replaced with World's Fair (wood-and-cast iron) benches, which is the approved bench type for park entrances, and

WHEREAS, This work requires applications for approval from the Landmarks Preservation (LPC) and Public Design Commissions (PDC) and LPC has reviewed and approved the application at the staff level, and they are in the process of submitting an application to PDC, therefore, be it

RESOLVED, That Community Board Five recommends approval of Central Park Conservancy's proposal for the reconstruction of the East 69^th Street entrance to Central Park.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, Kady Ferguson, a Director at Green City Challenge ("Applicant"), a non-profit organization whose mission is to educate the public on how to "live, work, and eat green," has submitted an application on behalf of Green City to hold the Green City Challenge 2011 and to have an "eco-village" set up in Union Square - North Plaza on Sunday, October 23, 2011 between the hours of 11:00 AM to and 6:00 PM; and

WHEREAS, The Applicant would create an "eco-village" by having tables (less than 40 total) with vendors and non-profit groups promoting green products and information on how to "live green";

WHEREAS, The Applicant proposes to use Union Square as the starting and finishing point for the Green City Challenge 2011, a race involving 20 contestants (10 teams comprised of 2-person teams) visiting downtown businesses that promote living, working, and eating green.  Contestants are chosen through a selection process that is open to the public and includes teams submitting a five-minute video on why their team should be chosen to participate in this year's race.  At each "station," teams will have to successfully complete a challenge to earn pieces to their particular puzzle.  First team to complete successfully all the challenges and return to Union Square will be declared the winner of the Green City Challenge 2011;

WHEREAS, The Applicant held a successful event last year at La Plaza Cultural Community Garden in the Lower East Side and wants to share the event this year with a larger audience;

WHEREAS, The Event is free and open to the Public and will include a Recycling Area where the public is invited to bring in any materials they wish to recycle and also a Children's Activity Area; and

WHEREAS, There will be minimal sound amplification during the day, except for periodic talks about living green; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Green City Challenge to conduct the Green City Challenge 2011in Union Square on Sunday, October 23, 2011.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, Madison Square Park Conservancy has submitted an application seeking permission to conduct the Clif Kid ^TM Backyard Games of the Year presentation in Madison Square Park on Sunday August 27, 2011 between the hours of 10:00 AM and 2:00 PM; and

WHEREAS, The proposed special event is part of a contest being conducted by the sponsor in which the five best outdoor games created children ages 6 through 12 have been selected and would be demonstrated by their creators, and other children would have the opportunity to learn and play these games; and

WHEREAS, The Clif Kid ^TM Backyard Games would be conducted in the northern section of the park, on the Farragut Lawn located to the west of the playground; and

WHEREAS, Signage would be limited to a banner identifying the proposed event as the Clif Kid ^TM Backyard Games of the Year; and

WHEREAS, The proposed special event would be sponsored by Clif ® Bar and Company, the manufacturers of Clif Kid ^TM nutritional snacks, and samples of their products would be provided to participants and spectators; and

WHEREAS, Although there are some promotional aspects to this proposed event, a donation of $25,000, which directly benefits the park space, is being donated by the event sponsor; and

WHEREAS, The proposed special event is free of charge and open to the public, would require a small amount of park space for a brief duration of time, would engage and entertain children, and would not inhibit usage of the park for respite and other recreational usage; therefore, be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application for a special event in Madison Square Park on Sunday August 27, 2011, 10:00 AM - 2:00 PM, in order to conduct the Clif Kid ^TM Backyard Games of the Year presentation.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, Madison Square Park Conservancy has submitted an application to conduct a Mad. Sq. Eats Food & Dining Festival 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 Food & Dining Festival would begin on Friday September 23, 2011 and would be conducted daily through Friday October 21, 2011, between the hours of 11:00 AM and 9:00 PM; and

WHEREAS, The Mad. Sq. Eats Spring Market Festival had been conducted from Friday May 6 through Friday June 3, 2011, and this had been promoted by Urban Space Management, promoters of such high quality retail events that include the Union Square Holiday Market; and

WHEREAS, Madison Square Park Conservancy is working with Urban Space Management on this proposed special event, which has taken into serious consideration Community Board Five's concerns and recommendations; and

WHEREAS, Load-in and set-up would begin on Wednesday September 21, 2011, and dismantling and load-out would be completed on or before Tuesday October 25, 2011, all of which would be conducted in a manner to minimize potential disturbances to the surrounding neighbors; and

WHEREAS, Like the previous Spring Market Festivals, the proposed event's marketplace would offer food and dining, and not crafts and other merchandise, and all vendors would be from 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 for the proposed food & dining festival would be housed in twenty-four 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, There would be no outside corporate sponsorship, nor would there be the requirement of signage to promote such; 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, Unlike the previous Fall Market Festivals, this proposed special event would require a substantially smaller sized footprint, which 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 Food & Dining Festival in Worth Square daily from Friday September 23 through Friday October 21, 2011, 11:00 AM - 9:00 PM.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, SEN NYC LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for a restaurant located at 12 West 21^st Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,500 square feet of usable public space for dining on the ground floor; and approximately 3,000 square feet on the basement floor, 200 square feet of which is to be used as a private event space for dining, with the remainder used for full kitchen and back-of-house; and

WHEREAS, The Premises will be operated exclusively as a restaurant and event space, with a total of approximately 36 tables and 130 seats, with a full kitchen; and

WHEREAS, Estimated patron usage is approximately 160 in the ground floor restaurant; and 15 in the basement dining space; with an estimated total capacity of 190, including kitchen personnel and staff; and

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

WHEREAS, The Premises is located within CB5's Restricted Licensing Area and the application complies with the requirements related thereto; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. agree to keep the establishment exclusively as a restaurant operation, and restrict the hours of operation to close no later than 12:00AM midnight Sunday through Wednesday nights, and 1:00AM Thursday through Saturday nights, with closing hours understood to mean last seating;
2. agree that licensed space on Premises to be limited to the public dining area on the ground floor and the private event space on the basement floor only, with all other spaces at Premises not licensed;
3. prohibit dancing at the Premises at all times;
4. not apply for a cabaret license at any time;
5. not use outside promoters at any time; as promoter-driven events are specifically excluded from Restaurant Use; though private parties shall be deemed included in Restaurant Use;
6. agree to keep the stereo ambient music conducive to an eating establishment only; and agree to improve soundproofing at Premises in the case of noise disturbance to neighboring residents;
7. discourage customers from loitering outside the Premises at any time;
8. discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;
9. ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;
10. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and
11. meet with neighbors and CB5, if requested; and

WHEREAS, Members of the public were satisfied with the conditions and stipulations agreed to by the Applicant in response to any concerns they may have had; 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 Toranosuke Matsuoka ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license 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 SEN NYC LLC for a new on premises liquor license for a restaurant located at 12 West 21^st Street (between Fifth and Sixth Avenues), 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 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, GAM 18 LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for a restaurant and lounge located at 15 West 18^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 6,555 square feet, on the ground floor and basement levels; and

WHEREAS, The Premises will be operated exclusively as a restaurant with a full kitchen; and

WHEREAS, The total capacity of the Premises is approximately 225, as to be determined by New York City Department of Buildings, exclusive of employees; and

WHEREAS, The Premises includes 2 patron bars; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.                  agree to keep the establishment exclusively as a restaurant, with hours of operation from 8am to no later than 2am;

2.                  not apply for a cabaret license or a sidewalk cafe;

3.                  not hire outside promoters;

4.                  not incorporate a DJ or live music, and agree to keep the music at an ambient level as is conducive to an eating establishment only;

5.                  agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

6.                  apply for an amended Certificate of Occupancy or a Letter of No Objection for the contemplated use of the property with the occupancy levels stated in this affidavit;

7.                  at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) clear the area outside the Premises of all patrons immediately after closing;

8.                  meet with neighbors and CB5 if requested, and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, There were no members of the public who expressed opposition to this 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 Alison Becker 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 GAM 18 LLC for a new on premises liquor license for a restaurant and lounge located at 15 West 18^th Street (between Fifth and Sixth Avenues), 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 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, John Lee, on behalf of 32 Music Studio, Corp. ("Applicant"), has notified Community Board Five of its intention to file an application for a new on premises liquor license for the 5th Floor karaoke bar located at 38 West 32nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises"); 

WHEREAS, The Premises will be operated as a karaoke bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

1. since this building does not have a Certificate of Occupancy because it was built prior to 1938, provide a "Letter of No Objection" from the New York City Department of Buildings,  stating that the DOB does not object to the use of the Premises for this operation;
2. discourage customers from loitering outside the Premises at any time; 
3. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;  and
4. meet with neighbors and CB5 if requested to immediately address any complaints from the community;  and

WHEREAS, Members of the public were satisfied with the conditions and stipulations agreed to by the Applicant in response to any concerns they may have had; 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 John Lee ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant - "transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity -  notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license 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 32 Music Studio, Corp. for a new on premises liquor license for the 5th Floor karaoke bar at 38 West 32nd Street (between Fifth Avenue and Broadway), 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 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Rose and Crown, Inc. ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the ground floor gastropub restaurant located at 45 East 28th Street (between Park and Madison Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 2156 square feet on the ground floor of useable public space, and an additional 2,156 square feet in the basement; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 14 tables, 56 seats, and 15 bar stools, with a full kitchen; and

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

WHEREAS, The Premises includes 1 patron bar and 1 service bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.                  keep the establishment exclusively as a restaurant, with hours of operation from 11am to 4am daily

2.                  close the French windows to the street by 11pm Sunday-Wednesday and midnight Thursday-Saturday

3.                  not apply for a cabaret license or a sidewalk cafe;

4.                  not hire outside promoters;

5.                  not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;

6.                  agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

7.                  at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) clear the area outside the Premises of all patrons immediately after closing;

8.                  not utilize an exterior "velvet rope" door policy or allow external queuing for entrance

9.                  meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community;

WHEREAS, Members of the public were satisfied with the conditions and stipulations agreed to by the Applicant in response to any concerns they may have had; 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 Michael Traynor ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license 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 Rose and Crown, Inc. for a new on premises liquor license for the ground floor gastropub restaurant located at 45 East 28th Street (between Park and Madison Avenues), 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 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Bice Group ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the roof top bar associated with Bice restaurant in the Indigo Hotel located at 127 West 28th Street (between Sixth and Seventh Avenues), New York, New York (the "Premises"); and

WHEREAS, The rooftop Premises consists of approximately 1620 square feet, all of which will be available for patron use; and

WHEREAS, The Premises will be a bar associated with the Bice restaurant in the Hotel Indigo; and

WHEREAS, The total capacity of the rooftop Premises is 145; and

WHEREAS, The rooftop Premises includes 1 patron bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.                  close the rooftop by 1am daily

2.                  not apply for a cabaret license;

3.                  not hire outside promoters;

4.                  not incorporate a DJ or live music, and agree to keep the stereo ambient music certified by a sound engineer

5.                  agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

6.                  meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, Members of the public expressed support for the application in order to replace the very problematic existing operation at the Premises; 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 Roberto Ruggeri ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license 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 Bice Group for a new on premises liquor license for the roof top bar associated with Bice restaurant in the Indigo Hotel located at 127 West 28th Street (between Sixth and Seventh Avenues), 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 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, PATRICK EVANGELISTA, on behalf of an entity to be formed ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the bar / restaurant located at 155 West 33^rd Street (between Sixth and Seventh Avenues), New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 9,000 square feet of patron space on the ground floor, second floor, third floor and roof, with the possibility of patron space in the basement for pool tables but primarily used for storage, kitchen and bathrooms; and

WHEREAS, The Premises includes a roof space with a retractable cover; even though there are no residences in the immediate vicinity, when the roof space is not covered the Applicant agrees to turn off any and all outside music and/or TVs at 10pm Sunday through Wednesday and will close the roof to patrons at 12 midnight; the Applicant agrees to turn off any and all outside music and/or TVs at 11pm Thursday through Saturday and will close the roof to patrons at 1am; and

WHEREAS, The Premises is operated exclusively as a bar/restaurant and corporate/private event space, with a total of 77 tables, 270 seats and 38 bar stools; with operating hours of Monday through Wednesday, 11AM until 3AM; Thursday through Saturday, 11 AM until 4 AM; Sunday, 12PM until 2AM; and

WHEREAS, Total capacity of the Premises is 460; and

WHEREAS, The Premises includes three 3 patron bars, one 1 service bar, and a kitchen; and

WHEREAS, The former use of the Premises is as an adult bookstore; and

WHEREAS, The Applicant has agreed that Applicant shall:

a.                   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;

b.                  maintain adequate security at the Premises at all times in the proportion of one security personnel for every 75 patrons, thus requiring a minimum of four security personnel for the expected occupancy, 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 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 area 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.                  install used-cigarette receptacles in front of Premises, if in compliance with the law, and use best efforts to maintain cleanliness of sidewalk and street in front of Premises;

e.                   not block sidewalks with barricades or any other items;

f.                   not use live entertainment;

g.                  not operate as a nightclub and not pursue a cabaret license;

h.                  discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

i.                    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;

j.                    adhere to the NYPD Best Practices guidelines wherever applicable;

k.                  agree that if changes to the front façade are made, such that windows or doors are made operational, will close windows or doors at a reasonable hour and at a maximum, by the hours defined by NYC DCA for sidewalk cafes; and

WHEREAS, There was no opposition to this application expressed by members of the public; 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 Patrick Evangelista Jr. ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license 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 Patrick Evangelista on behalf of an entity to be formed, for a new on premises liquor license for the bar / restaurant located at 155 West 33^rd Street (between Sixth and Seventh Avenues), 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 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Dubcork, Inc. ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the bar / restaurant located at 215 West 28^th Street (between Seventh and Eighth Avenues), New York, New York (the "Premises"); and

WHEREAS, the Premises consists of 9570 square feet of indoor patron space on the ground floor, second floor and third floor rear, with third floor front used as offices and 4^th floor used as an apartment.  Basement will be used for storage, kitchen and bathrooms; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises is operated exclusively as a bar/restaurant and corporate/private event space, with a total of 32 tables, 183 seats and 13 bar stools; with operating hours of Monday through Friday, Noon until 3:30AM and Saturday through Sunday, 10:00AM through 3:30AM; and

WHEREAS, Total capacity of the Premises is 407; and

WHEREAS, The Premises includes 2 patron bars, no service bar, and a kitchen; and

WHEREAS, The former use of the Premises was a problematic nightclub known as "Promenade"; and

WHEREAS, The Applicant has agreed that Applicant shall:

a.                   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;

b.                  maintain adequate security at the Premises at all times in the proportion of one security personnel for every 75 patrons, thus requiring a minimum of four security personnel for the expected occupancy, 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 specifically the adjacent parking lot, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing; Exterior queuing 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 area with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises, and specifically the adjacent parking lot, 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 and street in front of Premises;

e.                   agree to not block sidewalks with barricades or any other items;

f.                   agree to not use DJ's or have any live entertainment, except acoustical performances and have only background music at all other times;

g.                  agree to not pursue a cabaret license;

h.                  agree to install sound attenuation material to mitigate the sound of existing HVAC equipment;

i.                    discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

j.                    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;

k.                  agree to adhere to the NYPD Best Practices guidelines wherever applicable;

l.                    agree that if changes to the front façade are made, such that windows or doors are made operational, will comply close windows or doors at a reasonable hour and at a maximum, the hours defined by NYC DCA for sidewalk cafes; and

WHEREAS, Members of the public expressed support for this application since this new operation would replace a very problematic one; 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 Gavin Whiston ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license 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 Dubcork, Inc. for a new on premises liquor license for the or the bar / restaurant located at 215 West 28^th Street (between Seventh and Eighth Avenues), 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 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, David Chen, on behalf of Citrine Lounge LLC ("Applicant"), has notified Community Board Five of the Applicant's intention to apply for renewal of an on premises liquor license for the Second Floor bar/lounge known as "Studio XXI" located at 676 Sixth Avenue a/k/a 59 West 21^st Street, between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 2,200 square feet on the second floor of the Premises; and

WHEREAS, The Premises is operated exclusively as a bar/lounge with approximately 15 tables, 15 booths and 8 barstools; and

WHEREAS. The total capacity of the Premises is 120; and

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

WHEREAS, The hours of operation of the Premises are 6:00 PM to 1:00 AM Monday and Tuesday, 6:00 PM to 2:00 AM Wednesday and Thursday, and 10:00 AM to 4:00 AM Friday and Saturday; and

WHEREAS, The Premises is located within CB5's Restricted licensing Area and this application fails to meet the requirements thereof; and

WHEREAS, Applicant, Applicant's staff and representation failed to respond to multiple attempts to seek information, failed to submit required materials to Community Board Five in a timely manner, and exhibited disregard for the statutory obligations of the process of obtaining a license renewal; and

WHEREAS, In July 2009, the then operator of the Premises notified Community Board Five if its intention to apply for a new on-premises liquor license but when CB5 requested information from the then operator, the operator incorrectly informed CB5 that its application had been withdrawn; and

WHEREAS, A liquor license for the Premises was issued in July 2009 without the then operator responding to requests for information by Community Board Five; and

WHEREAS, The current Applicant assumed the existing liquor license in an equity purchase of Citrine Lounge LLC in April 2010, without notifying Community Board Five as required by the ABC Law; and

WHEREAS, In June 2010, the New York City Department of Buildings issued violations against the Applicant for hazardous construction conditions, with repeated failure to resolve these conditions, resulting in a $6,000 fine; and

WHEREAS, There are presently nine open DOB violations and 10 open Environmental Control Board violations at the Premises; and

WHEREAS, Applicant attested to the fact that dancing occurs at times on the Premises, in violation of the Cabaret law, and that staff does not take action to curtail dancing on the Premises; and

WHEREAS, Members of the community report an adverse impact on the community by the density of licensed establishments on this block, with multiple complaints from residents about Studio XXI in the six months since Applicant began operations at the Premises; and

WHEREAS, Due to non-compliance/failure to notify Community Board Five at the time of Applicant's assuming the license at the Premises, the number of outstanding violations at the Premises, suspicion of violation of the Cabaret Law, and extreme lack of cooperation and communication, we find Mr. Chen and Citrine Lounge LLC are  not an operator not worthy of the privilege of holding a license to serve liquor in the State of New York; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Citrine Lounge LLC for renewal of an on premises liquor license for the second floor bar/lounge known as "Studio XXI" located at 676 Sixth Avenue, New York, New York; and be it further

RESOLVED, That Community Board Five requests that the New York State Liquor Authority investigate the failures by applicant and its predecessors to notify and provide information to Community Board Five regarding their applications to obtain and then transfer liquor licenses, in violation of the ABC Law.

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

WHEREAS, Pershing Square Plaza is located in the southbound lanes of Park Avenue between 42nd and 41st Streets, and is flanked by the Altria Building at 120 Park Avenue and the landmark Pershing Square Viaduct; and

WHEREAS, A public seating promenade is currently open weekdays from 11 a.m. until 3 p.m. alongside the Altria Building and, across from the public seating area, there is an outdoor café operated by Pershing Square Café weekdays from noon until 10:30 p.m.; and

WHEREAS, After operating as a seasonal street activity for the past decade, the New York City Department of Transportation (DOT) selected Pershing Square Plaza for inclusion in the first round of the City's NYC Plaza Program in 2009, and designated Grand Central Partnership (GCP) as its maintenance partner in the project; and

WHEREAS, DOT, in partnership with GCP, seeks to transform the site into a permanent year-round plaza for the benefit of residents, commuters and visitors of the Grand Central neighborhood; and

WHEREAS, In 2009, Community Board Five recommended approval of Pershing Square Plaza for inclusion in the NYC Plaza Program; and

WHEREAS, The Pershing Square Plaza project moved into a year-long design phase in August 2010 with the selection of an engineering consultant and landscape architect to produce design proposals for the proposed year-round plaza; and

WHEREAS, The New York City Department of Design and Construction (DDC), as lead agency, along with the project's consulting engineering firm (URS) and landscape architectural firm (Quennell Rothschild & Partners), held as part of the preliminary design phase for the plaza space two (2) public workshops (October 2010 and March 2011) to elicit stakeholder input on the preliminary design concepts; and

WHEREAS, The proposed preliminary design concept recognizes, and is aesthetically harmonious with, the architectural character of the surrounding area including, in particular, the landmark Grand Central Terminal and the landmark Park Avenue Viaduct; and

WHEREAS, The proposed preliminary design concept includes plentiful "green" features including trees, rain garden planters and pervious surfaces; and

WHEREAS, The traffic study conducted as part of the preliminary design concept phase concludes that the permanent closing of the segment of Park Avenue between 42^nd and 41^st Streets to all vehicular traffic will not result in significant adverse impacts to traffic flow or efficiencies in the area around the project site; and

WHEREAS, The fire truck turning radius study conducted as part of the preliminary design concept phase concludes that the proposed design concept allows for sufficient turning radius and travel lane capacity for fire trucks; and

WHEREAS, The transformation of the existing part-time plaza to a year-round plaza will complete the creation of the approved neighborhood plaza under the NYC Plaza Program; therefore be it  

RESOLVED, That Community Board Five recommends approval of the preliminary design concept proposed by the Department of Design and Construction and Grand Central Partnership for the Pershing Square Plaza.

The above resolution passed with a vote of 27 in favor, 1opposed, 1 abstaining.