June 2010

WHEREAS, The applicant, CFR2, LLC, is applying for an unenclosed sidewalk café at 40 E 20^th St, bet. Broadway & Park Ave South, and

WHEREAS, The proposed sidewalk café would have 2 tables and 4 seats, leaving 8 feet 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 at 40 East 20^th Street with 2 tables and 4 seats.

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

WHEREAS, The applicant, MEDPARK, LLC, is applying for an unenclosed sidewalk café at 41 East 30^th Street, bet. Madison Avenue & Park Avenue South, and

WHEREAS, The proposed sidewalk café would have 6 tables and 12 seats, leaving 8' 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 6 tables and 12 seats at 41 East 30^th Street bet. Park Avenue South & Madison Avenue.

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

WHEREAS, The applicant, FRIEDFIELD BRESLIN, LLC, is applying for an unenclosed sidewalk café at 1186 Broadway at the corner of 29^th Street, and

WHEREAS, The proposed sidewalk café would have 13 tables and 26 seats,

-       With 4 tables and 8 seats on Broadway, leaving 8'1'' feet for pedestrian traffic and,

-       With 9 tables and 18 seats on 29^th Street, leaving 8 feet for pedestrian traffic and

WHEREAS, The sidewalk café has agreed to the following hours of operation:

-       Monday      8:00 AM - 10:00 PM

-       Tuesday      8:00 AM - 10:00 PM

-       Wednesday 8:00 AM - 10:00 PM

-       Thursday    8:00 AM - 11:00 PM

-       Friday         8:00 AM - 11:00 PM

-       Saturday     11:00 AM - 11:00 PM

-       Sunday       11:00 AM - 10:00 PM; and

WHEREAS, The sidewalk registers light to medium pedestrian traffic, therefore be it

RESOLVED, That Community Board Five recommends approval of the application for an unenclosed sidewalk café with 13 tables and 26 seats at 1186 Broadway at the corner of 29^th Street.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, FRIEDFIELD BRESLIN, LLC, is applying for an unenclosed sidewalk café at 20 West 29^th Street, between 5^th Ave & Broadway, leaving 8 feet for pedestrian traffic, and

WHEREAS, The proposed sidewalk café would have 4 tables and 8 seats,

WHEREAS, The sidewalk café has agreed to the following hours of operation:

-       - Monday          8:00 AM - 10:00 PM

-       Tuesday            8:00 AM - 10:00 PM

-       Wednesday       8:00 AM - 10:00 PM

-       Thursday          8:00 AM - 11:00 PM

-       Friday               8:00 AM - 11:00 PM

-       Saturday           11:00 AM - 11:00 PM

-       Sunday             11:00 AM - 10:00 PM; and

WHEREAS, The proposed sidewalk café is located across the street from Masjid Ar-Rehman, a mosque and place of worship, and CB5 acknowledges that the spirit of the SLA 200 ft rule is to prevent licensed establishments near a place of worship, therefore be it

RESOLVED, That Community Board Five recommends denial of the application for an unenclosed sidewalk café with 4 tables and 8 seats, unless no liquor is served.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

The following applications for sidewalk cafes were given 'no comment':

3 East 54th Street
15 East 18th Street
35 Union Square West - Heartland Brewery
42 Central Park South - MMR Ventures
120East 28th Street - The Black Duck
210 West 55th - Serafina
322 7th Ave. - Greek Corner Restaurant
411-413 Park Ave. South - La Boucherie LLC
676 6th Ave. - Markt on Ladies' Mile LLC

Whereas, the Department of Education, in June 2009, enacted a policy to ban all bake sales in city schools; and

Whereas, bake sales are an important fundraising component of many schools, providing significant assistance to many extracurricular programs that would otherwise not exist; and

Whereas, bake sales provide a vital social component, offering individuals an opportunity to share cultural heritage, sample family recipes, and showcase individual skills; and

Whereas, in the fall of 2009, DOE modified its policy to allow bake sales on the condition that only pre-packaged products that are manufactured by DOE's contracted vendors are sold, and which are currently available in school vending machines, such as Hydrox, Pop Tarts, Frito-Lay, Doritos, and Snapple, among others, all of which contain high fructose corn syrup and/or other unhealthy industrial food additives; and

Whereas, home bakers use healthier ingredients, having little or no access to industrial food additives; and

Whereas, under these new rules there is little or no incentive for students to buy products that are readily available elsewhere in the school building every day, and which have no unique personal appeal; and

Whereas, the key to making children and teenagers healthier is to educate them to make healthier choices, not to impose bans; and

Whereas, common sense dictates that there is no correlation between occasional bake sales, which have been a regular feature of school support since the early part of the 20^th Century, and the threefold increase in childhood obesity in the United States that has occurred since the 1960's when schools began offering less healthy food options in lunch rooms and vending machines; and

Whereas, the main reasons cited for the increase in childhood obesity are:

• less physical activity among youth
• more fast food, commercial foods and additives (such as corn syrup)
• fewer home-cooked meals and less family time; and

Whereas, decreasing and preventing childhood obesity will also lead to a decrease in heart disease, diabetes, strokes, and many other serious problems; now

Therefore, Be It Resolved that the Manhattan Borough Board urges the Department of Education to repeal its ban on selling home baked foods at bake sales, and calls upon our elected officials to review this DOE policy and seek its repeal; and

Therefore, Be It Further Resolved that the Manhattan Borough Board supports efforts to increase school-based opportunities for physical activity among youth, and to decrease their consumption of industrially prepared foods and beverages.

Whereas, the Mayor of the City of New York has convened a charter Revision Commission to review "the entire City Charter" and propose "changes that will improve the lives of New Yorkers;" and

Whereas, Charter Revision presents a significant opportunity to engage New Yorkers in a substantive conversation about their government; and

Whereas, history has shown that the most inclusive and reform-minded commissions, such as the 1989 Ravitch/Schwarz Commission appointed by Mayor Koch, require significant time for public debate and vetting of ideas; and

Whereas, proposing initiatives for the November 2010 ballot would unnecessarily limit the Commission's timeframe for conducting a thorough analysis and considering public input; and

Whereas, waiting to propose initiatives until 2011 and 2012 would likely have little effect on voter turnout.  As evidenced by the vote totals for the 2002 and 2003 Charter amendments, where 24,000 more votes were cast in the 2003 off-year election, voter turnout depends upon the degree to which the public has been engaged;

Therefore, Be It Resolved that the Manhattan Borough Board calls on the City Charter Commission to forgo placing any proposals on the 2010 ballot, and instead, first engage in a comprehensive public debate about City government before considering any proposals.

WHEREAS, 28 West 56th Street, a four story row house, originally was one of five brownstones extending from 22 to 30 West 56 Street, designed by David and H. John Jardine; and

WHEREAS, The building was redesigned by the notable architectural firm Foster, Gade and Graham in 1908 for Dr. j. Clifton Edgar, a prominent physician, and several of their other buildings have become Landmarks; and

WHEREAS, This building is considered an extraordinary and rare example of Arts & Crafts architecture remaining in Manhattan and it has been cited by Andrew Dolkart, Director of the Preservation Program at Columbia University's Graduate School of Architecture, Planning and Preservation as "... a really interesting and unusual example of Arts & Crafts Design ...  (with) ...beautiful use of patterned brick ... to create a new and progressive dynamic street front ..."; and

WHEREAS, 28 West 56th Street was listed in the NYC Landmarks Preservation Commission December 1979 Midtown West Survey as a possible individual Landmark; and

WHEREAS, The West 54 - 55 Block Association proposed that Community Board Five recommend this building for LPC designation; and

WHEREAS, Although the ground floor, currently housing a Japanese restaurant, has been severely altered, the upper floors of the building remain unchanged, but on the whole this building is considered a fine example of a unique style and period; therefore, be it

RESOLVED, Community Board Five recommends designation of 28 West 56th Street as an individual New York City Landmark.

The above resolution passed  by a vote of 23 in favor; 14 opposed; 1 abstaining.

WHEREAS, One Rockefeller Plaza, in the landmarked Rockefeller Center, has made an application to the Landmarks Preservation Commission to:

• Modify a storefront bay on the 49^th Street façade by installing a new door surround for the retail space currently occupied by Dean & Deluca to prepare the space for a new bakery tenant;
• Modify a window on the Rockefeller Plaza façade by installing a door, two granite steps with an ADA bronze railing, and a window in the existing window space;
• Install a louver in an existing window opening on the mezzanine level on Rockefeller Plaza;
• Install bronze letter signage for the new bakery tenant; and
• Install seasonal tables, planters, and umbrellas for an outdoor sidewalk café on the 49^th Street and Rockefeller Plaza sides of the building; and

WHEREAS, The new bronze and glass door and recessed sidelight on West 49^th Street will replace a non-historic door and sidelight (with the existing granite bulkhead and bronze storefront framing at the east side of the opening remaining), and the bronze letter signage for the new bakery tenant over the new West 49^th Street doorway and on the Rockefeller Plaza façade, will be similar to and harmonious with the existing storefronts and signage in Rockefeller Center; and

WHEREAS, The modified window bay on Rockefeller Plaza will contain a new recessed elevated bronze and glass door and a window in the existing opening, together with two granite steps due to the interior floor level (which is what historically existed prior to being modified over time) and an ADA compliant bronze railing, which mimics the existing door and window bay immediately to the south on Rockefeller Plaza (which ramps up and has no steps or railing); and

WHEREAS, The proposed louver on the building's mezzanine level on Rockefeller Plaza to be installed in an existing window opening is needed to vent the kitchen facilities for the new bakery tenant; and it is noted that there are currently other louvers on the building's mezzanine level on Rockefeller Plaza; and

WHEREAS, Outdoor seasonal cafes have become a common amenity in Rockefeller Center and the proposed outdoor seasonal café on the 49^th and Rockefeller Plaza sides of the building will be substantially similar to the existing outdoor cafes and will have approximately 27 tables with 54 chairs, 9 umbrellas, and 28 planters, all of which will be movable, and will be used by the customers of the new bakery tenant; now therefore be it

RESOLVED, Community Board recommends approval of the application of One Rockefeller Plaza to modify a storefront bay on the West 49^th Street façade and a window bay on the Rockefeller Plaza façade, the installation of a louver within an existing window opening on the building's mezzanine level on Rockefeller Plaza, the installation of bronze letter signage for the new bakery tenant, and the seasonal installation of an outdoor café consisting of movable tables, umbrellas, and planters on the 49^th and Rockefeller Plaza sides of the building. 

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

WHEREAS, 46 West 56th Street is a splendid example of a redesigned facade on a former brownstone row house by the notable architect Harry Allen Jacobs, who was commissioned in 1907 by the clothing merchant, Samuel Kridel, to remodel the brownstone, a common practice among the wealthy in the early 1900's; and

WHEREAS, Jacobs, trained at Columbia University and then went to the Ecole des Beaux Arts in Paris and was awarded the Prix de Rome by the American Academy in Rome; and

WHEREAS, Jacobs became a very successful architect in New York designing several hotels in NYC including the Marseilles at 103rd and Broadway, a designated Landmark, and  a similar townhouse on the same block, 26 West 56th Street, also a Landmark; and

WHEREAS, 46 West 56th Street is a four story classically composed limestone-fronted townhouse featuring a decorative cartouche and relief panels and an imposing cornice and ballustrade at the roof; and

WHEREAS, The 1907 transformation included a centered entrance with concave surrounds at street level and a dormered mansard roof, both of which have been removed; and

WHEREAS, The ground floor currently houses a cafe, the second floor a hair salon with apartments above; and

WHEREAS, 46 West 56th Street was listed in the NYC Landmarks Preservation Commission December 1979 Midtown West Survey as a possible individual Landmark; and

WHEREAS, The West 54 - 55 Block Association proposed that Community Board Five recommend this building for LPC designation; and

WHEREAS, The although ground floor has been significantly altered and the fifth floor removed, this still is a very stylish building with a great deal of character; therefore, be it

RESOLVED, Community Board Five recommends designation of 46 West 56th Street as an individual New York City Landmark and recommends that the fifth floor mansard roof be eventually restored if the owner ever decides to renovate the building.

The above resolution passed by a vote of 28 in favor; 6 opposed; 1 abstaining.

WHEREAS, The Plaza Hotel is a French Renaissance style "chateau" designed by the famed architect Henry J. Hardenbergh, built in 1905-07 and opened in 1907 with an addition designed by Warren and Wetmore and built in 1921; and

WHEREAS, According to the National Trust for Historic Preservation it is considered "the greatest hotel in the world" and is a New York City landmark (designated in 1969), and on the National Register of Historic Places; and

WHEREAS, It is one of the most famous and historic hotels in the world, known for its architecture as well as for its history, host to historic events and woven into the fabric of New York's past; and

WHEREAS, The application presented to us would alter the original design of the entry way to The Oak Room Central Park South for no justifiable reason by:

• Removing historic fabric of the building by:
  • Sheering back the hip wall on either side of the stair, and
  • Rounding the corners of the second step of the stair, and
• Relocating the brass handrails.

WHEREAS, Members of the Board expressed concerns regarding the safety of the new configuration, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to modify the historic The Oak Room entrance way.

The above resolution passed  by a vote of 30 in favor; 4 opposed; 1 abstaining.

WHEREAS, 893 Broadway is located in the Ladies Mile Historic District and has applied to the NYC Landmarks Preservation Commission for approval of storefront renovations; and

WHEREAS, The applicant failed to appear before the Landmarks Committee of Community Board Five after appropriate notification of its meeting to discuss the matter; and

WHEREAS, The NYC Landmarks Preservation Commission has filed Violations against this building, three of which show as "Open"; and

WHEREAS, The NYC City Department of Buildings has issued a "Stop Work Order" which is listed on the DOB Website and is posted in the window of the building, yet renovation work appears to be ongoing; therefore, be it

RESOLVED, Community Board Five recommends denial of the application for storefront alterations at 893 Broadway.

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

WHEREAS, In celebration of the 100th Anniversary of The New York Public Library's iconic Landmark Carrere and Hastings building at Fifth Avenue and West 42nd Street, the applicant has applied for a C of A to redesign the lighting of the building in honor of this institutional milestone in order to achieve the following:

• Increase the efficiency and aesthetic quality of the lighting design by using the most energy efficient materials they could find to meet their aesthetic sensibility.
• Create a lighting design that enhances the character of each of the building's distinctive facades, while achieving a balance between the "exterior lighting and the glow emanating from within" from interior lit rooms seen through windows, and does not require the mounting of any lights directly on the landmark building itself

 WHEREAS, The plan was carefully designed and developed in consultation with the Landmarks Preservation Commission staff using methods and materials designed to diminish the visual impact of the of the supporting hardware required to properly locate the lights and maintain aesthetic harmony with the existing contextual elements; and

WHEREAS, The applicant provided extensive graphic representations of all of the elements of the lighting design that were visually compelling and very attractive and the digital renderings of the proposed lighting scheme appeared to achieve the outcomes stated above; and

WHEREAS, The proposed lighting design adds fourteen new light fixtures; eight flush-mounted in ground uplights, two minimum profile washlights, and four 22' ft. minimum profile high tapered poles with double washlights, in addition lighting will also be added unobtrusively two the handrails and fountains; and

WHEREAS, The applicant gave assurance that the iconic stone lions at the front will have special illumination; and

WHEREAS, The building's new name carved in stone is an addition to the building placed after designation and is not historical in nature nor deemed an important architectural element, therefore, be it

RESOLVED, That Community Board Five recommends denial of one component of the application, namely the spot lighting of the carved stone bearing the building's new name, and be it further

RESOLVED, That Community Board Five recommends approval of the other aspects of the New York Public Library's lighting plan in honor of the 100th Anniversary of the Landmark Carrere a Hastings building at 42nd Street.

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

WHEREAS, 1700 Broadway (the "Plaza") includes a public plaza located on the block bounded by West 53^rd Street, Broadway, West 54^th Street and Seventh Avenue; and

WHEREAS, The Plaza was constructed in 1970 and is not compliant with the current zoning laws; and

WHEREAS, The Plaza will be upgraded with new public amenities that include: moveable furniture, including 17 tables and 51 chairs; fixed seating, including 77 feet of fixed benches, 44 feet of fixed seating pods; and additional planters and 17 trees; and

WHEREAS, The proposal re-establishes an outdoor café which enlivens the plaza; and

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

RESOLVED, That Community Board Five recommends approval of the application for certification of the design modification to 1700 Broadway pursuant to ZR §37-625 to upgrade the design of an existing public plaza and permission to modify the special permit pursuant to ZR §37-73 to permit an open air café.

The above resolution passed by a vote of 36 in favor, 0 opposed, 1 abstaining.

WHEREAS, This is an application for a variance from the Board of Standards and Appeals (the "BSA") to permit the development of a mixed-use (residential/commercial) building at 140-144 West 28^th Street (the "New Building"), located between Sixth and Seventh Avenues; and

WHEREAS, The site is currently occupied by a parking lot, and without a variance the developer may not build a mixed use residential/commercial building, but is permitted to build a hotel or an office building; and

WHEREAS, The developer proposes to construct a 29-story building, containing 196 residential units (a portion of which will be developed as affordable housing units under the 80-20 financing program); and

WHEREAS, The New Building will consist of 179,498 sf of residential space and have 7,501 sf of commercial space, and the developer will set aside approximately 12,000 sf (2,050 sf on the ground floor; 2,483 sf on the second floor; and 7,493 sf in the basement, which the BSA does not consider part of the zoned square footage) for retail/commercial flower usage; and

WHEREAS, The developer also owns the seven story residential building (the "Existing Building") adjacent to the development site at 146-148 West 28^th Street, which is currently leased to two flower related tenants and multiple loft residents and will be upgraded and maintained; and

WHEREAS, In order to receive a variance, the BSA must make the follow findings:

(i)                  a unique physical condition inherent at the location;

(ii)                the developer cannot receive a reasonable return by following the existing zoning;

(iii)               the variance, if granted, will not alter the essential character of the neighborhood;

(iv)              the hardship is not self created; and 

(v)                the variance is the minimum necessary to afford relief to the application; and

WHEREAS, The developer has demonstrated that the site has unique physical conditions which create a economic hardship, such as soft soil, an underwater stream and deep bedrock (47 feet below ground level), which will increase construction costs by $12 million; and

WHEREAS, The developer presented a thorough economic analysis performed in accordance with the BSA guidelines which show that there would be negative returns from office or hotel use and reasonable returns for a residential building; and

WHEREAS, The New Building will not alter the character of the neighborhood, which includes several new high-rise hotel buildings, loft residential buildings, commercial and retail spaces on 28^th street and in the surrounding blocks; and

WHEREAS, The New Building will be 50,000 sf smaller than the permitted zoned floor area; and

WHEREAS, 28^th Street is part of New York's flower district, and the Community Board strongly supports the continued existence of the flower industry and flower district; and

WHEREAS, The developer has made concessions in order to respond to the community concerns, and has agreed to include in the variance application that the developer and future building owner(s) and/or successors shall: 

1. enter into leases with flower tenants only in the retail/commercial space in the existing building and in the allotted space in the new building as follows: 2,050 sf on the ground floor; 2,483 sf on the second floor; and 7,493 sf in the basement;
2. allow current residential tenants of the Existing Building to have access to any new amenities included in the New Building;
3. establish a point person for all Community Board and other neighborhood questions and comments to contact during construction phase (this person will be appointed at the start of construction);
4. meet regularly before and during construction with a small committee made up of a Community Board representative, a flower association representative, representatives of relevant City agencies and community members to alleviate (as much as possible) the burden of construction on the surrounding community;

WHEREAS, Community Board Five urges the BSA to include the following restrictions in the variance, to which the developer has agreed:

1. New leases and subsequent renewals for the retail/commercial space in the New Building and the Existing building shall be subject to approval for allowable flower use by a committee comprised of the flower association and a designated Community Board 5 representative;
2. The developer shall submit all new leases of the existing building and space outlined in (i) above to the committee for review and approval. Approval shall not be unreasonably withheld and will only evaluate whether the tenant is conducting business as an allowable commercial use in the retail or wholesale flower business; and
3. Landlord can petition the BSA for relief if market conditions have materially changed such that the requirement for a flower tenant is no longer practical; therefore be it

RESOLVED, That Community Board Five recommends approval of BSA 236-09BZ, 140-144 West 28th Street, application to permit the development of a mixed-use (residential/commercial) building within an M1-6 (high density) zoning district.

The above resolution passed by a vote of 36 in favor, 0 opposed, 1 abstaining.

WHEREAS, The Department of City Planning is proposing a citywide zoning text amendment to the Zoning Resolution which will create regulations to allow car share vehicles to park in off-street accessory garages and lots and in public parking facilities in all zoning districts; and

WHEREAS, The current zoning resolution has clear rules governing automobiles in accessory parking facilities, and for car rental establishments, but no clear guidelines for car sharing; and

WHEREAS, Car sharing is a use that is more appropriately characterized as somewhere in between private automobile and traditional car rental, and the purpose of the text amendment is to alleviate any ambiguity about whether car sharing vehicles are permissible in public parking garages and to establish clear and appropriate guidelines for such facilities; and

WHEREAS, In medium and high density residential areas, car share cars will be allowed to park in up to 20%, or 5 spaces, of such facilities, whichever is higher; and

WHEREAS, Individual accessory and public parking garages will have the ability to choose whether they want to allow car sharing; and

WHEREAS, Availability of car shares can provide New Yorkers a wider range of economical transportation choices and might encourage some New Yorkers to share, rather than own, cars, creating a healthier environment; therefore, be it

RESOLVED, That Community Board Five recommends approval of the proposed car share zoning text amendment to permit car share vehicles to park in off-street accessory and public parking garages.

The above resolution passed by a vote of 36 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, NYC & Company, Inc. has submitted an application to conduct a special event to promote Disney's Sorcerer's Apprentice in Union Square Park on Saturday July, 3, 2010; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five's Parks Committee meeting on Monday June 7, 2010 to present their proposal for review; and

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

RESOLVED, That Community Board Five recommends denial of the application by NYC & Company, Inc. to conduct a special event to promote Disney's Sorcerer's Apprentice in Union Square Park on Saturday July 3, 2010.

The above resolution passed by a vote of 35 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, Olive Nwachukwu has submitted an application to conduct an Evangelistic Concert in Father Duffy Square on Saturday August 21, 2010; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five's Parks Committee meeting on Monday June 7, 2010 to present their proposal for review; and

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

RESOLVED, That Community Board Five recommends denial of the application by Olive Nwachukwu to conduct an Evangelistic Concert in Father Duffy Square on Saturday August 21, 2010.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

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

WHEREAS, Madison Square Park Conservancy has submitted an application seeking permission to conduct Mad. Sq. Mark't. Fall Market Festival in Worth Triangle and in portions of the Broadway Greenway located between East 23rd Street and East 25th Streets, to be in daily operation from Sunday September 26 through Saturday October 23, 2010, between the hours of 11:00 AM and 8:00 PM, and in addition, the proposed event would required approximately four days to set-up and approximately four days for dismantling and clean-up; and

WHEREAS, Mad. Sq. Mark't. Fall Market Festival had been previously conducted from Saturday October 10 through Saturday October 31, 2009, and there is an intention that this would be repeated annually; and

WHEREAS, Mad. Sq. Mark't. Fall Market Festival is modeled on and is promoted by Urban Space Management, promoters of such high quality retail events that include the Union Square Holiday Market; and

WHEREAS, The proposed event also will offer the sale of prepared foods from area restaurants, fresh seasonal vegetables, apple cider and baked goods, and also apparel, accessories and home products, from approximately 60 vendors; and

WHEREAS, In addition to the sale of food and merchandise, the proposed event would include an assortment of free live music performances, pumpkin picking and other entertainment to attract the widest possible audience; and

WHEREAS, Last year Madison Square Park Conservancy received an approximately $60,000.00 donation from the proceeds of the Mad. Sq. Mark't. Fall Market Festival; and

WHEREAS, During last year's event, it was evident that the amount of space required to conduct any 60 vendor marketplace is substantial, and the small amount of space available in Worth Triangle and in portions of the Broadway Greenway is logistically insufficient for an event of this magnitude, causing complaints from neighboring residents; and

WHEREAS, At times, the increased number of visitors to this area would create congestion at the entryways to the 23^rd Street subways station; and

WHEREAS, In spite of the applicant's proposed effort to make sure that there is a minimum of 10'-0" width for all pedestrian pathways in and around the proposed market, at times those pathways would be receiving many more visitors than is customary, thus creating cumbersome and unsafe access into, through and out of the area; and

WHEREAS, Each of the vendors would be set-up in a three-sided canvas tent, and each tent would be approximately 8'-0" to 10'-0" in height, and as these tents are placed in close proximity to each other this would obscure the views into and out of Madison Square Park; and

WHEREAS, Requiring nearly one whole month, Mad. Sq. Mark't. Fall Market Festival would occur over an inordinately lengthy duration of time, and an event of this scale would overwhelm this small amount of public park space; therefore, be it

RESOLVED, That Community Board Five recommends denial of Madison Square Park Conservancy's application to conduct the Mad. Sq. Mark't. Fall Market Festival from Sunday September 26 through Saturday October 23, 2010; and further, be it

RESOLVED, That should the special event application for the Mad. Sq. Mark't. 2010 Fall Market Festival be approved despite our recommendation to deny this, Community Board Five requests an opportunity to review any future applications for a permit to conduct this event before this is renewed by the Parks Department Special Permit Office.

The above resolution passed by a vote of 27 in favor; 6 opposed; 1 abstaining.

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

WHEREAS, Madison Square Park Conservancy has submitted an application for a special event to be conducted in Madison Square Park on Friday September 3, 2010 through Sunday September 12, 2010, in order to exhibit live broadcasts of the US Open matches; and

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

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

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

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

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

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

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

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

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

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

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's proposed special event for the broadcast of the US Open matches in Madison Square Park on Friday September 3, 2010 through Sunday September 12, 2010.

The above resolution passed by a vote of 26 in favor; 9 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, Fieldstone Promotions has submitted an application to conduct a special event to promote Ocean Spray's new Blueberry Juice and Jet Blue in Horace Greeley Square on Tuesday June 15, 2010, between the hours of 12:00 PM and 4:00 PM, requiring set-up to begin at 12:00 AM and dismantling and clean-up to be completed by 8:00 PM; and

WHEREAS, In addition to application and permit fees, the applicant would be paying a $45,000.00 donation to the 34^th Street Partnership; and

WHEREAS, A large conveyor belt would be set-up from which 19,000 samples of Ocean Spray's Blueberry Juice would be distributed, as well as several other props and displays; and

WHEREAS, The proposed event would require a footprint of at least 50'-0" X 50'-0"; and

WHEREAS, The event is commercial in nature, overwhelming in scale, and would inhibit public access to the park for a significant amount of time; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by Fieldstone Promotions to conduct a special event in Horace Greeley Square on Tuesday June 15, 2010, in order to conduct a product launch and public relations event for Ocean Spray Cranberries, Inc. and Jet Blue.

The above resolution passed by a vote of 35 in favor; 1 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, NYC & Company, Inc. has submitted an application to conduct a special event in the South Plaza of Union Square Park on Monday June 14, 2010, between the hours of 11:00 AM and 6:00 PM, requiring approximately 45 minutes to set-up and 45 minutes to dismantle and clean-up; and

WHEREAS, The proposed special event would promote the Red Bull Air Race, which is scheduled to be conducted on June 19 and 20 in Liberty State Park in Jersey City; and

WHEREAS, A 10'-0" X 20'-0" easy-up tent and flight simulator would be set-up for the proposed event; and

WHEREAS, Red Bull Air Race signage would be prominently displayed throughout the exhibit area; and

WHEREAS, Red Bull Air Race information and Red Bull beverage samples would be given out; and

WHEREAS, On May 26, 2010 one of the airplanes from the upcoming race was exhibited in the Times Square area, and it was entirely covered in branded signage; and

WHEREAS, The proposed special event would be conducted concurrently with the Greenmarket in the North Plaza of Union Square Park; and

WHEREAS, The event is commercial in nature, requiring a significant amount of time, offering very little public benefit; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by NYC & Company, Inc. to conduct a special event in Union Square Park on Monday June 14, 2010, in order to promote the Red Bull Air Race.

The above resolution passed by a vote of 35 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, An application was received for Teen Vogue to conduct a press conference announcing Denim Month in Father Duffy Square on Wednesday July 28, 2010; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five's Parks Committee meeting on Monday June 7, 2010 to present their proposal for review; and

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

RESOLVED, That Community Board Five recommends denial of the application for Teen Vogue to conduct a press conference announcing Denim Month in Father Duffy Square on Wednesday July 28, 2010.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, RENEGADES ASSOCIATES, INC. D/B/A/ "SPLASH BAR" ("Applicant") has notified Community Board Five of their intent to apply to the NY State Liquor Authority for the renewal of an on-premises liquor license for the premises located at 50 West 17^th Street, New York, NY at Sixth Avenue (the "Premises"); and

WHEREAS, The Premises consists of approximately 10,000 square feet: 6,000 square feet on the ground level and 4,000 in the basement level; and

WHEREAS, The Premises has a legal capacity of 599 persons: 399 on the ground level and 200 in the basement level; and

WHEREAS, On the ground level, there are 2 patron bars and approximately 40 bar stools, and

WHEREAS, On the ground level, there is a dance floor with 24 tall cocktail tables, and 72 tall chairs which are removed late evenings to accommodate dancing; and 5 tables with banquette seating, and a stage; and

WHEREAS, In the basement level there is 1 bar, 2 areas with tables and banquette seating, restrooms, offices, coat check and an employee locker room; and

WHEREAS, There are 2 sets of soundproofed doors and 2 sets of windows facing 17^th Street, which windows and doors are closed nightly no later than 9:00 PM; and

WHEREAS, Hours of operation of the Premises are 4:00 PM to 4:00 AM every day; and

WHEREAS, The Premises employs security personnel as follows:

• 4:00 PM - 9:00 PM - no less than 1 security officer
• 9:00 PM - 10:00 PM - no less than 2 security officers
• 10:00 PM - Closing - no less than 6 security officers; and

WHEREAS, Applicant maintains a smoking pen in front of the premises, which is monitored to prevent excessive noise by patrons; and

WHEREAS, Neighboring residents expressed some concern for cab congestion, noise, and trash on 17^th Street, most of which is attributable to "Retreat", a problematic establishment also on that block; and

WHEREAS, Applicant agreed to continue to monitor patron noise, cab congestion, and trash resulting from the Premises to improve conditions on 17^th Street overall; and

WHEREAS, Splash Bar has been operating at this location in excess of 19 years; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by RENEGADES ASSOCIATES, INC. D/B/A/ "SPLASH BAR" for the renewal of an on-premises liquor license for the premises located at 50 West 17^th Street, New York, NY at Sixth Avenue.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, JIN YOUNG PARK ON BEHALF OF 212 PARK INC. D/B/A "CAFÉ SPACE 212" ("Applicant") has notified Community Board Five of their intent to apply to the NY State Liquor Authority for the renewal of an on-premises liquor license for the premises located at 319 Fifth Avenue, New York, NY at 32^nd Street (the "Premises"); and

WHEREAS, CB5 receives approximately 40-50 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 a conducting a site visit and discussion 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 called and apprised in writing 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 PSQL Committee; and

WHEREAS, After numerous attempts, the applicant has still not complied with this requirement; and

WHEREAS, Members of the public testified that the operation at the Premises constitutes a public nuisance as a result of trash, violence, vandalism, and other negative impacts on the community; and

WHEREAS, Despite the lack of information from the Applicant, CB5 learned that there are a number of alleged violations pending against this establishment, including underage drinking, locked egress, and lack of security; and

WHEREAS, There is currently a vacate order issued by the New York City Department of Buildings against the Premises for unsafe conditions; and

WHEREAS, Although CB5 has received verification from the State Liquor Authority that the Premises is not currently licensed to serve alcohol, Applicant continues to serve; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by JIN YOUNG PARK ON BEHALF OF 212 PARK INC. D/B/A "CAFÉ SPACE 212" for the renewal of an on-premises liquor license for the premises located at 319 Fifth Avenue, New York, NY at 32^nd Street.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, DAMION LUAIYE, on behalf of an entity to be formed by him ("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 ground floor of 1133 Broadway, at 26^th Street (the "Premises"); and

WHEREAS, The Premises consists of up to 4,400 square feet of indoor raw space on the ground floor; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises will be operated exclusively as an eating and drinking establishment, private events space, and art-exhibition and performance space, excluding musical acts with amplified sound, with a kitchen offering light food service prepared on Premises, and an option for outside food service for special events, with an approximate total of 18 tables, 72 seats, and 20 bar stools; and

WHEREAS, The Premises will include two patron bars with an additional service bar to be used only by restaurant personnel to support table service; and

WHEREAS, Applicant shall:

a.      restrict the hours of operation to no later than 2:00 am on Sunday through Tuesday nights, and 4:00 am Wednesday through Saturday nights;

b.      not use outside promoters at any time;

c.      not seek a cabaret license at any time; and agree that use clause of lease shall not provide for use as a cabaret;

d.      file for a public assembly permit that does not exceed 150 persons for Premises; and agrees to comply with that number during the course of normal operations;

e.      maintain adequate security in the Premises at all times in the proportion of one security personnel for every 75 patrons, thus requiring two security personnel for the expected occupancy, to (i) ensure that patrons enter and leave the Premises in a peaceful, quiet, and respectful manner, (ii) discourage patrons from congregating outside the Premises, and (iii) use best efforts to have street frontage on Broadway cleared of all patrons within one half-hour of closing;

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

g.      maintain a waiting area inside the Premises to prevent lines of patrons outside; 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;

h.      engage a sound engineer (Acoustilog Inc., or other engineer reasonably satisfactory to CB5) to inspect the Premises and make structural and sound system recommendations to ensure that sound does not have a deleterious effect on neighboring residences; share findings with CB5 for review of an acceptable level of sound; and agrees to install preset limiters controlled by management for sound;

i.        ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;

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

k.      meet with neighbors and CB5, if requested; and

WHEREAS, Applicant agrees to return to CB5 six (6) months from the date of opening to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of 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 Damion Luaiye 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 DAMION LUAIYE, on behalf of an entity to be formed by him for an on premises liquor license on the ground floor of 1133 Broadway, at 26th Street 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 31 in favor; 5 opposed; 1 abstaining.

WHEREAS, 1186 BROADWAY TENANT LLC and/or FRIEDFIELD BRESLIN, LLC, (collectively "Licensee"), has notified Community Board Five of its intention to file an application for the alteration of its Hotel Liquor License and/or On Premises Liquor License affecting the restaurants located at 1186 Broadway a/k/a 20 West 29^th Street, New York, New York (the "Premises") to serve alcohol at sidewalk café(s); and

WHEREAS, in February 2008, CB5 recommended approval of a Hotel Liquor License to Licensee for the Premises (the "Hotel License"); and

WHEREAS, in July 2008, CB5 recommended approval of an On-Premises Liquor License to Friedland Breslin LLC for The Breslin restaurant at the Premises (the "Breslin License"); and

WHEREAS, in March 2010, CB5 recommended approval of an amendment to the Hotel License regarding the Corner Store Oyster Bar a/k/a the John Dory restaurant (the "Amended License"); and

WHEREAS, Licensee has applied for an unenclosed sidewalk café at 1186 Broadway at the corner of 29^th Street, which proposed sidewalk café would have 13 tables and 26 seats, with 4 tables and 8 seats on Broadway, and 9 tables and 18 seats on 29^th Street (the "John Dory Sidewalk Café"); and

WHEREAS, Licensee has applied for an unenclosed sidewalk café at 20 West 29^th Street, between Fifth Avenue and Broadway, which proposed sidewalk café would have 4 tables and 8 seats (the "Breslin Sidewalk Café"); and

WHEREAS, both the John Dory Sidewalk Café and the Breslin Sidewalk Café have the following hours of operation:

-       Monday            8:00 AM - 10:00 PM

-       Tuesday            8:00 AM - 10:00 PM

-       Wednesday       8:00 AM - 10:00 PM

-       Thursday          8:00 AM - 11:00 PM

-       Friday               8:00 AM - 11:00 PM

-       Saturday           11:00 AM - 11:00 PM

-       Sunday             11:00 AM - 10:00 PM; and

WHEREAS, Licensee has agreed to certain conditions and stipulations by Affidavit dated March 11, 2010, which Affidavit is attached hereto, the terms of which remain in full force and effect and are applicable to the John Dory Sidewalk Café and the Breslin Sidewalk Cafe; and

WHEREAS, although Licensee previously represented that (among other things) there would be no sidewalk cafes at the Premises, circumstances have now changed because the community strongly supports approval of the John Dory Sidewalk Café and the Breslin Sidewalk Cafe and, accordingly, CB5 has recommended that the City of New York Department of Consumer Affairs approve the John Dory Sidewalk Café and the Breslin Sidewalk Cafe; and

WHEREAS, the proposed Breslin Sidewalk Café is located directly across the street from Masjid Ar-Rehman, a mosque and place of worship, and the imams have expressed their strong opposition to the serving of alcohol at the Breslin Sidewalk Café; and

WHEREAS, although CB5 has no objection to the service of food at the Breslin Sidewalk Café, because of the strong opposition by Masjid Ar-Rehman to the service of alcohol at the Breslin Sidewalk Café, CB5 does not approve service of alcohol at the Breslin Sidewalk Café; therefore be it

RESOLVED, that Community Board Five recommends approval of the application by 1186 Broadway Tenant LLC and/or Friedfield Breslin LLC for the alteration of its On Premises and/or Hotel Liquor License to serve alcohol at the John Dory Sidewalk Café ONLY; and be it further

RESOLVED, that Community Board Five recommends denial of the application by 1186 Broadway Tenant LLC and/or Friedfield Breslin LLC for the alteration of its On Premises and/or Hotel Liquor License to serve alcohol at the Breslin Sidewalk Café.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, 1186 BROADWAY TENANT LLC ("Licensee") has notified Community Board Five of its intention to file an application with the New York City Department of Consumer Affairs for a cabaret license (the "Cabaret License") for the space known as Liberty Hall ("Liberty Hall") at the Ace Hotel, located at 1186 Broadway a//k/a 20 West 29^th Street, New York, NY (the "Premises"); and

WHEREAS, in February 2008, CB5 recommended approval of a Hotel Liquor License to Licensee for the Premises (the "Hotel License"); and

WHEREAS, in July 2008, CB5 recommended approval of an On-Premises Liquor License to Friedland Breslin LLC for The Breslin restaurant at the Premises (the "Breslin License"); and

WHEREAS, in March 2010, CB5 recommended approval of an amendment to the Hotel License regarding the Corner Store Oyster Bar a/k/a the John Dory restaurant (the "Amended License"); and

WHEREAS, Liberty Hall consists of 2,452 square feet in the lower level of the Premises and has a legal occupancy of 205 persons; and

WHEREAS, the Hotel License already permits dancing in Liberty Hall at private events, but a Cabaret License would allow Liberty Hall to be open to the public for dancing; and

WHEREAS, the New York State Liquor Authority requires that an applicant stipulate the "Method of Operation" of the licensed premises including details such as: days and hours of operation, whether live music or dancing is permitted, if the premises includes an outside area, etc.; and

WHEREAS, the Method of Operation of a premises is an integral part of a liquor license application to CB5 and to the SLA; and CB5 reviews and opines on such applications in strict reliance upon the specific Method of Operation agreed to by an applicant; and

WHEREAS, in strict reliance upon the Method of Operation for the Premises which did not include cabaret, CB5 recommended approval of the Hotel License, the Breslin License, and the Amended License; and

WHEREAS, Licensee agreed to certain conditions and stipulations by Affidavit dated March 11, 2010, which Affidavit is attached hereto, in which Licensee agreed that the Premises will be operated exclusively as a hotel (emphasis added) with no more than two (2) restaurants, with approximately 41 tables and 180 seats for dining and 23 bar/counter stools in The Breslin and approximately no more than 12 tables and 101 seats (including banquette seating) for dining and 21 bar stools in the Corner Store Oyster Bar; and

WHEREAS, in said Affidavit, Licensee also agreed to the following conditions/stipulations (emphasis added):

a.       operate the Premises as a hotel with room service and mini bars and no more than two (2) restaurants with seated bar and dining service;

b.       not use any outside promoters at any time and the Licensee shall at all times remain responsible for and in complete control of the Premises and its patrons and all material positions of operations shall be the employees of the Licensee at all time;

c.       continue to maintain its dedicated security personnel at the Premises and provide additional security Thursdays, Fridays and Saturdays 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, and (iii) discourage patrons from congregating outside the Premises.  Security personnel shall be employees of Licensee, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Licensee;

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

e.       not utilize an exterior "velvet rope" door policy, provided that exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Licensee has an employee responsible for maintaining the orderliness of patrons;

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

g.       not utilize DJ's in the restaurants of the hotel (though DJ's may be used in event space in the hotel);

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

i.         Arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors; and

WHEREAS, in addition to the Premises, there are approximately five (5) new hotels in this area, all of which have respected the character of this neighborhood and the desire of the community of which they are a part, by agreeing that their Method of Operation not include cabaret; and

WHEREAS, Approving a Cabaret License for this hotel would set a damaging precedent for this community; and

WHEREAS, Letters of strong opposition from the community have been received by CB5 and residents from the area attended the Public Safety/Quality of Life Committee Meeting on June 3, 2010 to voice their strong opposition to the Cabaret License, citing present concerns of street vehicular congestion, horns honking, rowdy patrons exiting in early morning hours, and stating that a Cabaret License is irreconcilably incompatible with the quality of life in and character of their neighborhood; and

WHEREAS, now after CB5 has approved the Hotel License, the Breslin License, and the Amended License, all in reliance upon a Method of Operation that did not include cabaret, Licensee plans to (i) obtain a Cabaret License and (ii) unilaterally modify its Method of Operation to accommodate dancing pursuant to a Cabaret License; and

WHEREAS, the timing of this plan is unfortunate since, with the Hotel License, the Breslin License, and the Amended License already approved, the community is now left with little, if any, leverage to help its voice be heard; and

WHEREAS, Licensee has publicly promised to defy the community's wishes by pursuing (i) its Cabaret License and (ii) modification of its Method of Operation to accommodate dancing in Liberty Hall pursuant to a Cabaret License, despite overwhelming community opposition to such changes; and

WHEREAS, Because of (i) substantial community opposition to Licensee's planned changes, (ii) the potential violation of prior representations by Licensee on which CB5 relied to approve the Hotel License, the Breslin License, and the Amended License, and (iii) the damaging precedent that will be set by allowing this "hotel" to operate with a Cabaret License, CB5 cannot support Licensee's proposed changes; therefore be it

RESOLVED, that Community Board Five STRONGLY RECOMMENDS DENIAL by the New York City Department of Consumer Affairs of an application by 1186 BROADWAY TENANT LLC for a Cabaret License at 1186 Broadway a//k/a 20 West 29^th Street, New York, NY; and be it further

RESOLVED, that Community Board Five STRONGLY RECOMMENDS DENIAL by the New York State Liquor Authority of any modification by 1186 BROADWAY TENANT LLC to its Method of Operation to accommodate dancing pursuant to a Cabaret License at 1186 Broadway a//k/a 20 West 29^th Street, New York, NY.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.