June 2011

WHEREAS, The applicant, West 44^th Street Restaurant LLC, is applying for a small unenclosed sidewalk café at 19 West 44^th Street, between 5^th and 6^th Avenues; and

WHEREAS, The city block where the sidewalk café is to be located is predominantly commercial in nature; and

WHEREAS, The proposed sidewalk café would have 5 tables and 10 seats, leaving 8 feet for pedestrian traffic; and

WHEREAS, The applicant has agreed to remove all existing large sidewalk planters, or place them against the restaurant façade, so as to remove any additional sidewalk obstacles; and

WHEREAS, The sidewalk café would close no later than 11:00 PM; and

WHEREAS, This sidewalk registers a relatively light volume of pedestrian traffic during the café's hours of operation; and

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

RESOLVED, That Community Board Five recommends approval of the application for a small unenclosed sidewalk café at 19 West 44^th Street with 5 tables and 10 seats.

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 in front of 115 West 23^rd street between Park and Lexington Avenues; and

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

WHEREAS, The proposed site is directly in front of a Citibank location making it noncompliant with DCA regulations; and

WHEREAS, Several members of the Citibank Corp were present at the meeting to oppose the proposed newsstand; and

WHEREAS, The proposed newsstand location is approximately 50 feet from an existing newsstand In front of 109 East 23^rd street; and

WHEREAS, The area is adequately served by not only the aforementioned newsstand but newsstands on the Southeast and Southwest corners of Park and 23^rd, as well as a brick and mortar candy vendor at 127 West 23^rd; and

WHEREAS, Ten members of the business and local community showed up to CB5's regularly scheduled committee meeting to protest the placement of a newsstand at this location; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand in front of 115 East 23^rd Street.

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 Northwest corner of 34^th street and 5th avenue; and

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

WHEREAS, Community Board Five has a moratorium on new street furniture along the 5^th Avenue corridor; and

WHEREAS, The proposed newsstand would be located directly across 34^th street from the Empire State Building which is one of New York's most recognized and frequently visited landmarks; and

WHEREAS, The proposed newsstand would therefore be located in an area that registers a heavy pedestrian traffic flow; and

WHEREAS, The proposed newsstand would have a negative impact on 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 Northwest Corner of 34^th street and 5^th Avenue, in front of 358 5^th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian counts at this location 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, The Borough of Manhattan has 46 public elementary, middle and high schools that burn No. 4 and No. 6 "dirty" heating oils, which produce large amounts of particulate matter and soot in the air: and

WHEREAS, These particulates contain sulphur dioxide, nickel and other pollutants that cause or exasperate asthma, bronchitis, heart and lung disease and cancer, and the continued use of these heating oils in the public schools is hazardous to the children, teachers and parents in the school community; and

WHEREAS, The regulations governing the maintenance and capital improvements in the public schools must be modified and streamlined by the Department of Environmental Protection (DEP), Department of Educations (DOE) and the School Construction Authority (SCA) to convert the schools' heating systems to allow for the switch to natural gas or No. 2 heating oil and renewable sources of energy; and

WHEREAS, Energy policy analysts have estimated that the costs associated with the conversion of the heating systems will be offset by savings in fuel costs and operating expenses, as well as savings in health care costs, thereby justifying the capital expenditure to the City; therefore, be it

RESOLVED, That Community Board Five calls on the DEP, DOE, and SCA to convert or replace the burners in the affected schools and streamline the regulations governing the maintenance, renovation and capital improvements in the public schools to convert the schools' heating systems to allow for the switch to natural gas or No. 2 heating oil in an expedited manner.

The above resolution passed with a vote of 21 in favor, 11 opposed, 1 abstaining.

WHEREAS, 15 East 26^th Street, a twenty- story Neo-Medieval Style loft building is located in the Madison Square North Historic District, and

WHEREAS, The 1910-1912 era building's upper twelve floors were converted to residential use between 2006 - 2008, and

WHEREAS, The Condominium Association has submitted an application to modify the central residential entry (which had been the main commercial lobby entrance and had a non-historic marquee that was removed) while maintaining the historic fabric of the facade, by replacing  non-historic canopy and adding wall sconces on either side of the canopy, and

WHEREAS, The proposal respects the overall symmetry of the façade, and the proposed glass topped canopy design is harmonious with the building's design in that it repeats motifs found in the architectural stone work, iron grillwork and incorporated the existing structural tiebacks, and

WHEREAS, The applicant has agreed to complete a full restoration of the lower four floors in conjunction with the canopy application including repairing or replacing in-kind limestone panels and ornamentation, and

WHEREAS, The applicant has received letters of support from the neighboring building 225 5^th Avenue, the Flatiron Partnership and the Madison Square Park Conservancy, therefore be it

RESOLVED, That Community Board Five recommends approval the installation of a new entry canopy and lighting sconces at 15 East 26^th Street.

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

WHEREAS, 150 Fifth Avenue, located within the Ladies Mile Historic District, with facades on Fifth Avenue and West 20th Street, is a nine story Romanesque Revival building with heavily rusticated masonry at the ground and first floors which was built in 1888-1890 for the Methodist Book Concern and designed by Edward Hale Kendall; and

WHEREAS, There continues to be a significant amount of original material in the façade of the building, although there have been changes that have obstructed portions of the façade by previous tenants, including cladding in pink marble in the arch surrounding one of the Fifth Avenue bays and alterations in the placement of doors among, other revisions; and

WHEREAS, New Balance is proposing to make revisions only to the bay on the northeast corner of the façade (of five bays in total) by removing the current placards to expose the original masonry; and

WHEREAS, The work will also include adding double doors in this bay as entrance to the New Balance store, creating a symmetry that was lost during previous façade renovations; and

WHEREAS, The requested work will match existing original material and restore the historic profile of the Fifth Avenue façade; and

WHEREAS, The application also includes the addition of red awnings in all five bays being used by New Balance; the awnings will be retractable and do not obstruct the original masonry, and have been approved as meeting the historic district guidelines by the staff of the NYC Landmarks Preservation Commission at the staff level; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by 150 Fifth Avenue to make revisions to their façade and add red awnings in all five bays.

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

WHEREAS, 249 W. 28th Street Properties, LLC has applied for an amendment of the Zoning Map to change the mid-block portion of two city blocks bounded by West 28th Street, West 30th Street, Seventh Avenue, and Eighth Avenue from an M1-5 (allows manufacturing and light industrial, commercial, hotel, and community facilities) to an M1-6D (allows mixed-use manufacturing and light industrial, commercial, hotel, contextual residential, and community facilities) zoning district; and

WHEREAS, If the rezoning is granted, the applicant is proposing to construct, as-of-right, two approximately 20-story, 210-foot mixed-use buildings located at 241-251 West 28th Street/240-250 West 29th Street, between Seventh and Eighth Avenues, in the proposed M1-6D zoning district, with approximately 407 market-rate and affordable residential units that are targeted to include 15% studio, 75% one-bedroom, and 10% two-bedroom units, translating to approximately 336,401 square feet of residential floor area, 4,685 square feet of retail floor area, and 11,390 square feet of office floor area, and further, the applicant intends to include 20% of the buildings' square footage as affordable housing; and

WHEREAS, The new buildings would be constructed on the street line on both West 28th and West 29th Streets, with a central courtyard above a one-story office building that will extend between the two residential towers, and retail use occupying 50% of the frontage on both streets; and

WHEREAS, This neighborhood is currently zoned M1-5 and does not permit new residential use, nor does it have requirements for street wall or maximum building height, a reflection of the area's history as a manufacturing and commercial district; and

WHEREAS, Over the past decades, this neighborhood, just south of Penn Station and north of The Fashion Institute of Technology and Penn South (a 2,820-unit residential complex), has evolved from being part of Manhattan's industrial heart into one notable for its Class B and C office space largely occupied by creative and media-related businesses, plus the remnants of the New York fur industry; and

WHEREAS, In addition to the rezoning application, 249 W. 28th Street Properties, LLC seeks a Special Permit to build a below grade attended public parking garage beneath the two proposed buildings, that will include 325 below grade vehicle spaces, 204 bicycle spaces for building residents, 33 bicycle spaces for public rental, and 16 reservoir spaces; and

WHEREAS, The proposed public parking garage will result in a reduction of 46 spaces due to the elimination of the above grade parking lots, owned by the applicant, that currently have 371 spaces; the proposed garage will be in operation 24-hours a day, with all parking done by attendants, and with an entrance and exit on West 28th Street and an exit on West 29th Street; and

WHEREAS, The applicant has completed and submitted an Environmental Assessment Statement which includes a finding that this proposed development, as well as other potential residential development in the new M1-6D district, would cumulatively add 4.93% and 2.56% to our already overcrowded public elementary and intermediate schools, respectively, disturbingly close to the 5% threshold for a significant adverse impact under the CEQR methodology.  As such, Community Board Five strongly urges that the Department of City Planning and the applicant in consultation with the School Construction Authority, the Department of Education, and local elected officials  work together to develop an approach to help address the inevitable overcrowding that will accompany the introduction of potentially 1,200 residential units; and  

WHEREAS, Community Board Five strongly endorses the development of mixed-use projects for the vitality and diversity they bring to our district and thus supports the applicant's plan to take maximum advantage of the M1-6D bulk regulations by adding retail and commercial space, and adding 20% on-site affordable housing under the Inclusionary Housing Program; and

WHEREAS, The applicant has invited suggestions for types of retail and commercial tenants, and in response to this invitation as well as observing other issues and conditions, Community Board Five makes these requests:

• That in designing and constructing the two mixed-use buildings the applicant make substantial effort to achieve a minimum of LEED Silver Certification from the U.S. Green Building Council;
• That tenants for the retail areas of the two buildings include services such as commercial play places for children and/or pet daycare and veterinarian services, services that are viewed by some current residents of the area as under-provided in the neighborhood;
• That because of the adjacency to Madison Square Garden and neighborhood clubs, we urge the applicant to construct the two buildings with noise-blocking glass, with an efficacy superior to the minimum required by the City, for those residential units facing W. 28th and W. 29th Streets;
• To explore ways to maintain an open green space on the roof of the commercial unit between the two buildings to which residents of the neighborhood can have access, such as by hosting neighborhood events or serving as a depot for a neighborhood Community Supported Agriculture (CSA);
• To work with Community Board Five on future developments that may be proposed elsewhere in CB5 as M1-6D projects so as to achieve the most successful and best practiced ways to bring residential and mixed-use investment into Midtown Manhattan's emerging neighborhoods.
  
  Therefore be it

RESOLVED, That Community Board Five approves of the application of 249 W 28th Street Properties, LLC for an amendment of the Zoning Map to change the mid-block portion of two city blocks bounded by West 28th Street, West 30th Street, Seventh Avenue, and Eighth Avenue from an M1-5 to an M1-6D zoning district, and for a Special Permit pursuant to Section 13-562 and Section 74-52 of the Zoning Resolution to allow a below grade attended public parking garage at 241-251 West 28th Street/240-250 West 29th Street.

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

WHEREAS, There are areas in New York City, including within Community Board Five, that were once important centers for manufacturing and light industry but due to changes in technology, economics, and demographic conditions, as well as zoning restrictions, have evolved into commercial areas for small and creative businesses while at the same time suffer from receiving little or no new investment, despite their desirable locations; and

WHEREAS, The Department of City Planning (DCP) is proposing to create a new M1-6D zoning district intended to preserve these existing concentrations of Class B and C office and light industrial spaces while also encouraging new investment by allowing residential and mixed-use development on currently under-built sites; and

WHEREAS, The first M1-6D district is proposed to be mapped with a private rezoning application for an area south of Penn Station, on the midblock portions of two blocks bounded by West 28th Street, Eighth Avenue, West 30th Street, and Seventh Avenue; and

WHEREAS, The proposed M1-6D zoning district would require that zoning lots that contain buildings with at least 50,000 square feet of non-residential use maintain the amount of commercial or light manufacturing space that existed on the zoning lot at the time of the referral of this application (April 25, 2011), whether by keeping an existing building in place or in new construction; and

WHEREAS, Residential use would be permitted as-of-right on zoning lots with less than 50,000 square feet of existing floor area, encouraging the development of parking lots and underutilized sites; and

WHEREAS, The proposed M1-6D district would allow a maximum FAR of 10 for community facilities, commercial and light manufacturing uses, and a maximum FAR for residential of 9.0 with an additional 3.0 FAR in exchange for the provision of 20% of the building's floor area as affordable housing as a part of the City's expanded Inclusionary Housing Program, the first such provision in CB5; for buildings with a mixture of residential and commercial/manufacturing floor area the maximum base FAR for a building with residential use would be 9.0 with an additional 0.25 FAR for each 1.0 FAR of non-residential floor area in the building, up to a maximum base FAR of 10.0; and

WHEREAS, The M1-6D zoning district will have height and setback regulations that recognize, and are contextual to, the large pre-war buildings that are typical in the areas that may be suitable for rezoning, including a maximum building height of 210 feet; to help guarantee a vibrant streetscape, a new development with 50 feet or more street frontage will be required to have 50% street front retail use, and for all permitted ground floor uses, transparent material must be used for at least 50% of the surface area; and 

WHEREAS, Despite the fact that certain neighborhoods could be well suited for hotel development, in order to encourage mixed-use in M1-6D zoning districts, until the residential goal for an area has been met, in this case, 865 residential units, hotels with more than 100 rooms would require a Special Permit, with hotels with fewer than 100 rooms allowed as-of-right; and

WHEREAS, Consistent with the limitation on hotel development, because the new M1-6D zoning district would permit the full-range of community facility uses, Community Board Five recommends that the Department of City Planning likewise monitor and evaluate how such uses could potentially interfere with the zoning change's stated goal of achieving mixed-use and diversity while protecting Class B and C office space, and

WHEREAS, Community Board Five strongly urges the Department of City Planning to lower the new M1-6D zoning lot minimums to 40,000 from 50,000 square feet to further protect existing commercial and light industrial uses and the businesses and jobs therein, because a notable portion of the existing buildings in areas suitable for M1-6D zoning are older and smaller and thus vulnerable to demolition; in the case of the first proposed M1-6D district, we endorse how the 50,000 square foot target would protect a concentrated portion of the area's commercial and industry use, saving 80% of the existing space, we ask that DCP reconsider the target by reducing it to 40,000 square feet, thereby protecting two additional buildings, comprising 27% of the remaining 20%; and  

WHEREAS, Because the creation of M1-6D districts will as much encourage residential development as it will protect commercial and light industrial space, it is inevitable that new M1-6D districts will create demand for, and add to, Manhattan's already overcrowded public schools; as such, Community Board Five strongly urges that the new criteria for schools analysis in the CEQR technical manual be carefully monitored in order to ensure that development does not further exacerbate the existing school overcrowding, and as each future M1-6D district is mapped the Department of City Planning  partner with the appropriate City agencies in particular the School Construction Authority and the Department of Education to address City service demands before residential units are added, not after; and

WHEREAS, In addition to school capacity, other City services will experience significant increases in demand and consumption from new residential development including vehicular traffic and sanitation, and as such, Community Board Five recommends that all new M1-6D residential buildings include off-street solutions for trash pick-up and loading; and

WHEREAS, Community Board Five does not believe the M1-6D district would be suitable to every area that has manufacturing and commercial use, including the Garment Center where substantial review is already underway to explore potential solutions and where residential use is not appropriate; however, Community Board Five believes that other manufacturing districts within CB5 might benefit from similar reevaluation once the efficacy of the M1-6D district has been evaluated; and

WHEREAS, Community Board Five acknowledges and is appreciative of how the Department of City Planning is attempting to address concerns we have had for many years pertaining to our District's loss of Class B and C office space and we further state our wish to work with the Department to investigate other neighborhoods and blocks within our Midtown district where an M1-6D zoning district can be an effective protection against the loss or threat of loss of Class B and Class C office space, while encouraging the development of residential units, including the opportunity for affordable housing, including but not limited to the neighborhood between W. 34th and W. 23rd Streets along Broadway, and we look forward to the opportunity to work with Department; therefore be it

RESOLVED, That Community Board Five approves the proposal by the Department of City Planning to create a new zoning district: M1-6D.

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

 WHEREAS, 1095 Avenue of the Americas is a commercial building originally constructed in 1969, located on the western block front of Sixth Avenue between 41^st and 42^nd Streets, and includes a 17,034 square foot through-block bonus Plaza between 41^st and 42^nd Streets; and

WHEREAS, In 2010 the City Planning Commission approved a Certification and a Modification of a Special Permit allowing the renovation of the Plaza, changes in grade, and the installation of new access ramps, tables, chairs, trees and water fountains, which application was unanimously approved by Community Board Five in February 2010 and is now substantially complete; and

WHEREAS, The Applicant proposes two new actions: 1) to demolish an existing five-story building (part of the zoning lot) located west of the Plaza at 142 West 42^nd Street and create a 13-foot setback resulting in an additional 1,283 square feet to the Plaza, and 2) relocate and enclose an existing subway entrance resulting in a loss of 1,036 square feet to the Plaza; and

WHEREAS, The proposed actions will increase the net area of the Plaza by about 240 square feet, which will still be in compliance with the public plaza requirements of Zoning Resolution Section 37-70; and

WHEREAS, The new subway entrance will be enclosed in the building, and will contain a wider staircase than the existing entrance and an elevator; and

Whereas, The Applicant proposes to add 310 square feet more plantings and 70 linear feet of additional seating to the plaza, including two new tables and eight new chairs; and

WHEREAS, The Plaza will remain open during the anticipated 12 months of construction; and

WHEREAS, The Applicant has installed signage previously requested by Community Board Five; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for certification from the Chairperson of the City Planning Commission pursuant to Zoning Resolution Section 37-625 for changes to an existing Plaza and modification of a Special Permit at 1095 Avenue of the Americas.

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

WHEREAS, eGofer.com has submitted an application seeking permission to conduct a promotional event in the South Plaza of Union Square Park on Thursday, August 11, 2011 between the hours of 12:00PM and 7:00 PM; and

WHEREAS, eGofer.com is a new company that is a website where people can post tasks/ jobs that they need completed and people in the company's service network would bid on the task/job; and

WHEREAS, The event would consist of a 6' tall costumed mascot along with two associates handing out flyers promoting the company on the south side of the plaza; and

WHEREAS, The proposed event consists solely of a promotional effort to increase business for eGofer.com; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by eGofer.com to conduct an event in Union Square Park on Thursday, August 11, 2011

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

WHEREAS, The event will be held from 1:00 to 3:00 pm, with set-up beginning at 11:30 am and breakdown concluding by 5:00 pm; and

WHEREAS, The event will be free and open to the public and consist of a number of students performing 1 to 2 songs each; and

WHEREAS, The sound for the event will be kept within the perimeter of the South Plaza; and

WHEREAS, No food will be sold although brochures and information about the school will be distributed; and

WHEREAS, The Institute for Audio Research is a long-term resident of the Union Square area, being located at 64 University Plaza; and

WHEREAS, The school has non-profit status so the event cannot be construed as a commercial venture; and

WHEREAS, The timing and footprint of the event can be viewed as an opportunity to bring additional members of the public to Union Square; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application for the Institute for Audio Research "IAR Records Live" event.

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

WHEREAS, The applicant, Paul Aarrington Inc., has submitted an application to conduct a "Kids for Fashion" Event in the South Plaza of Union Square Park on Saturday, August 6^th from 12Noon to 4pm; and

WHEREAS, Paul A. Howard (aka Paul Aarrington Inc.) has developed a design business, serving as a successful entrepreneur in fashion, and wishes to encourage at-risk teens to explore business and entrepreneurship as a productive way to develop meaningful skills for a better future; and

WHEREAS, The "Kids For Fashion" event will not involve major corporate sponsorship and accompanying signage except in a minimal manner presented as small table banners and possible tee-shirt logos; and

WHEREAS, Amplified sound shall be limited to lectern microphones supplied for industry leaders and role models as they tell their success stories to event participants, with motivational speaking expected to occur throughout the event; and

WHEREAS, The event will be held in the South Plaza of Union Square Park and require a minimum footprint, with volunteers on staff to organize the activities and several RNs have been recruited in case of any medical emergencies; and

WHEREAS, The event will be promoted at local high schools and through social media channels and is expected to have 100 youth participants; only those involved in the pre-event workshops for design and product development will be selling tee-shirts at the event.  The selling teams will coordinate among themselves to take orders and apply heat transfer using equipment stations set up for the event.  They will be trained beforehand to use the equipment and the equipment itself requires a small footprint and does not create any noise or waste.  By incorporating design, product development, selling, and manufacturing, participants will gain a working understanding of how parts of the fashion business interact. In all these ways, "Kids for Fashion" shall serve as a real-world educational experience to help inspire continued interest; and   

WHEREAS, "Kids For Fashion" will serve as a kick-off event for educational activities to be held throughout the school year and, if successful, the organizers hope to hold it as an annual event going forward, culminating a year of preparation and study as young entrepreneurs engage in the fashion industry; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application to hold a "Kids for Fashion" event in Union Square Park in the South Plaza on Saturday August 6 from 12pm to 4pm.

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

WHEREAS, LaptopMD had submitted an application seeking permission to conduct a special event in Union Square Park on Tuesday July 19, 2011, between the hours of 11:00 AM and 5:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five's Parks Committee meeting on Thursday, May 26, 2011 to present their proposal for review; and

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

RESOLVED, That Community Board Five recommends denial of the application by LaptopMD to conduct a special event in Union Square Park on Tuesday July 19, 2011, between the hours of 11:00 AM and 5:00 PM.

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

WHEREAS, Madison Square Park Conservancy has submitted an application seeking permission to create a "Relaxation Island" in Worth Square on Thursday June 23, 2011, between the hours of 10:00 AM and 6:00 PM; and

WHEREAS, The event, which would be sponsored by Marriott Hotels, would feature a 20'-0" X 20'-0" lawn box filled with grass allowing participants to rest on lounge in chairs under umbrellas and enjoy free hand massages; and

WHEREAS, The proposed special event would require load-in and set-up to begin at 6:00 AM the previous morning, and load-out and clean-up would be completed by 9:00 PM on the day of the event; and

Whereas, Although this is a promotional event, a donation of $10,000, which directly benefits the park space, is being donated by Marriott Hotels and additionally, Worth Square, a small paved park space located between two motor vehicular paths, is not typically used by as many people as landscaped spaces such as Madison Square Park; therefore be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct a special event in Worth Square on Thursday June 23, 2011, 10:00 AM - 6:00 PM, featuring Marriott Hotels' "Relaxation Island."

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

WHEREAS, The applicant was invited, yet failed to attend Community Board Five's Parks Committee meeting on Thursday, May 26, 2011 to present their proposal for review; and

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

RESOLVED, That Community Board Five recommends denial of the application by Union Square Agency to conduct a special event in Madison Square Park on Sunday November 6, 2011, between the hours of 10:00 AM and 5:00 PM.

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

WHEREAS, Twenty Ones Inc. ("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 6 West 25^th Street, New York, NY (the "Premises"); and

WHEREAS, The Premises consists of approximately 12,000 square feet of indoor space on the ground and mezzanine floors; with back-of-house space used for storage and offices; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises is operated as a bar/cocktail lounge and corporate/private event space, with full kitchen and dining service; with a total of 140 seats and 60 tables; and

WHEREAS, Total capacity of the Premises is 700; and

WHEREAS, The Premises includes 3 patron bars and 2 service bars; and

WHEREAS, Applicant appeared before the Committee on Public Safety and Quality of Life to discuss various community complaints and concerns regarding its operation at the Premises; and

WHEREAS, At committee, the Applicant made representations, gave assurances, and agreed to various conditions and stipulations, to induce the Committee to recommend approval of its liquor license; and

WHEREAS, At committee, Applicant agreed to memorialize its representations, assurances, conditions, and stipulations in an affidavit; and

WHEREAS, Applicant has failed to comply with the agreements made at committee and has ignored numerous requests by the Committee for Applicant to satisfy its obligations; and

WHEREAS, Applicant has demonstrated complete disregard and disdain for the licensing renewal process by defaulting on its agreements with Community Board Five and by demonstrating bad faith in the process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Twenty Ones Inc. to renew its on-premises liquor license for the premises located at 6 West 25^th Street, New York, NY.

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

WHEREAS, SRG Restaurant Group LLC d/b/a "Whiskey Park" ("Applicant") has notified Community Board Five of its intention to alter its existing on premises liquor license for an outdoor, sidewalk café, located at 100 Central Park South, New York, New York (the "Premises"); and

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

WHEREAS, The Premises is operated exclusively as a bar, with a total capacity indoors of approximately 24 tables, 13 seats, and 40 bar stools, and outdoor capacity of 5 tables, 20 seats, and no bar stools; and

WHEREAS, The total capacity of the Premises is 120 persons; and

WHEREAS, The Premises includes 1 patron bar; and

WHEREAS, The creation of the sidewalk café was approved by CB5 in May, 2011; and

WHEREAS, Applicant has agreed to:

a.                   Operate the sidewalk café, 5 tables 20 seats, from 4pm - 10pm Sunday to Wednesday and 4pm to 11pm Thursday, Friday and Saturday.

b.                  Have a manager on duty at all times. Phone contact number (212) 307-9222 available to residents.

c.                   Have Security monitor the sidewalk at all times.

d.                  Food service available during hours of operation.

e.                   Monitor smokers and encourage them to use the area near the curb on 6th Avenue.

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

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

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

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 Scott Gerber ever contemplate a transfer of his interest in Applicant so that Gerber 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 SRG Restaurant Group LLC d/b/a "Whiskey Park to alter its existing on premises liquor license for an outdoor, sidewalk café, located at 100 Central Park South, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 23 in favor; 10 opposed; 1 abstaining.

WHEREAS, Logan's Sanctuary LLC ("Applicant"), has notified Community Board Five of its intention to alter its existing hotel liquor license at The Portland Square Hotel at 130-132 West 47^th Street, New York, New York (the "Premises"); and

WHEREAS, The proposed alteration consists of the addition of additional bars in the lobby and the conversion of the rooftop to a bar/lounge area; and

WHEREAS, The Premises consists of approximately 60,000 square feet over 9 floors of usable public space, of which 2000 square foot will be used for public use in the lobby and 1,300 square feet will be for patron use as a seasonal outdoor roof top space; and

WHEREAS, The total capacity of the Premises is approximately 595 people, with a capacity of 165 people in the dining room, lobby and rooftop areas; and

WHEREAS, The Premises includes 3 patron bars; and

WHEREAS, has agreed to:

1.                  keep the establishment exclusively as a restaurant and lounge at all times, with hours of operation from 8am to 4am in all indoor areas, and hours of operation not to exceed 10am to 10pm Sunday through Wednesday, and 10am to 11pm Thursday, Friday, and Saturday on the rooftop;

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 always keep the outdoor 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) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

8.                  not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance except where needed for monitoring age verification; and

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; 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 Hank Fried 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; and

WHEREAS, Although the alteration application would be otherwise approvable, the Premises is directly adjacent to the Church of Saint Mary the Virgin (the "Church"), located at 134-144 West 47^th Street; and

WHEREAS, The Church made a compelling argument that a liquor license at the Premises is not permitted under the Alcoholic Beverage Control Law since the Premises is located within 200 feet of the Church; and

WHEREAS, The Church argues that the original issuance of a liquor license for the Premises by the State Liquor Authority in violation of the 200 foot rule was an error; and

WHEREAS, The Church has submitted a compelling memorandum asserting its position, which memorandum is attached hereto; and

WHEREAS, It is beyond the authority of CB5 to rule on the law but we request that the State Liquor Authority review the facts and law to determine whether, in fact, the 200 foot rule applies in this situation; therefore be it

RESOLVED, That Community Board Five requests that theState Liquor Authority review this case to determine whether the 200 foot rule precludes a liquor license at the Premises; and be it further

RESOLVED, That, should the 200 foot rule not apply to preclude a license at the Premises, Community Board Five recommends denial of the application by Logan's Sanctuary LLC to alter its existing hotel liquor license at The Portland Square Hotel at 130-132 West 47^th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 24 in favor; 9 opposed; 1 abstaining.

WHEREAS, Central Park was designed as a refuge within the city; its loop drive was intended for uses that integrate seamlessly into the pastoral ambiance of the park (by contrast, the East-West transverses, located several feet below grade, were designed to accommodate vehicular traffic with minimum impact on park users); and

WHEREAS, Private motor vehicles on the loop drive impede the healthy environment, peaceful enjoyment, and use patterns of pedestrians, runners, cyclists, carriages, and pedicabs; and

WHEREAS, The presence of private motor vehicles necessitates traffic management tools that do not necessarily provide for safe, shared use of the loop drive by pedestrians, cyclists, runners, carriages, and pedicabs; and

WHEREAS, Recent measures that restrict the use of private motor vehicles on the loop drive have not resulted in noticeable negative impacts on surrounding streets; and

WHEREAS, Private motor vehicles are still permitted on the loop drive during weekday periods when, outside of weekends, visitors and local residents most use the park (early mornings and early evenings, before and after business hours); and

WHEREAS, More than 100,000 people have signed petitions asking for a car-free Central Park; and

WHEREAS, Serious consideration of any proposal to prohibit private motor vehicle traffic warrants an objective study of duration sufficient to observe adaptive shifts in traffic behavior and their impacts during both low- and high-volume periods of traffic; and

WHEREAS, It is possible that traffic directed from the loop roadway in Central Park will use adjacent thoroughfares (eg, Fifth Avenue, Madison Avenue, 59^th Street, etc.); therefore, be it

RESOLVED, That the New York City Department of Transportation, in conjunction with the Department of Parks and Recreation, prohibit on a trial basis the use of private motor vehicles on the loop drive of Central Park (including taxis, but excepting vehicles necessary for park maintenance, concessions, and emergencies) in order to allow for car-free enjoyment of the park during the summer months through Labor Day 2011; and be it further

RESOLVED, That while the loop drive of Central Park is free of private motor vehicles, the New York City Department of Transportation perform a controlled traffic study and, if necessary, extend the prohibition beyond Labor Day 2011 for a length of time sufficient to accurately measure and assess the potential impact of permanent prohibition of private motor vehicles on the loop drive of Central Park; and be it further

RESOLVED, That while the loop drive of Central Park is free of private motor vehicles, the Central Park Conservancy and the Department of Parks and Recreation study and begin to implement measures that enhance safety and optimize shared use of the loop drive by pedestrians, runners, cyclists, carriages, and pedicabs in the absence of private motor vehicles; and be it further

RESOLVED, That the DOT monitor air quality at the corners of Fifth Avenue and 59^th Street; Seventh Avenue and 59^th Street; Madison Avenue and 59^th Street; and Eighth Avenue and 59^th Street; and be it further

RESOLVED, That both the controlled traffic study and air quality study present clear statistics measuring conditions relating to vehicular volume and air quality, respectively, both prior to and during the trial period; and be it further

RESOLVED, That Community Board Five recommends denial of the proposal to DOT to establish a two month trial period for a motor vehicle-free Central Park beginning the weekend of July 4^th 2011 unless the DOT agrees to present the results of both of the above-mentioned studies to CB5 as soon as is practical in order to allow CB5 the opportunity to comment and vote upon the feasibility of any future limitations on the use of Central Park by motor vehicle.

The above resolution passed with a vote of 21 in favor, 15 opposed, 1 abstaining.

WHEREAS, The process for obtaining a parking permit from the New York City Department of Transportation ("DOT") takes up to one year with no provision in place for issuing a temporary permit to handicapped persons in need of immediate accommodation; and 

WHEREAS, Parking permits issued by the New York State Department of Transportation are not valid for use by handicapped persons within the City of New York; and

WHEREAS, DOT is responsible for issuance of permits for use by handicapped persons for on-street parking within the City of New York, with input from and assistance of the New York City Department of Health and Mental Hygiene ("DHMH"); and

WHEREAS, The process for obtaining a City-issued permit is cumbersome and wasteful in that the City requires both a certification of disability by the handicapped person's physician and a separate medical examination, by a City-paid doctor, prior to issuance of a permit (in contrast, a State-issued permit requires solely a certified statement by the handicapped person's physician); and

WHEREAS, The time involved in obtaining a City-issued permit is unreasonably long in that the initial processing time is frequently as long as four (4) months which - when added to the time required to schedule the examination with the City's doctor, plus the additional post-examination time to obtain the actual permit - can be six (6) months or longer (in contrast, a State-issued permit is generally issued within one (1) to three (3) weeks from submission of an application); and

WHEREAS, In accordance with DOT regulations, handicapped parking permits are issued only to those persons who "require the use of a private vehicle for transportation" and who "have a severe, permanent disability that impairs mobility as certified by [their] personal physician"; and

WHEREAS, The failure of DOT and DHMH to issue permits for six (6) months or longer results in severe hardship to severely disabled persons; and

WHEREAS, The imposition by DOT and DHMH of the requirement for an additional medical examination by a City-paid physician results in increased delays and hardship upon severely disabled persons, the unnecessary additional costs of which are borne by the City's taxpayers; and

WHEREAS, DHMH is charged by the New York City Charter to set parameters for the certification of disabilities, and DHMH has elected to require the duplicative, time-consuming, cumbersome and wasteful process described above; and

WHEREAS, DHMH has informed this Board that there is "no legal requirement that an applicant for a [handicap permit] obtain a certified statement from [his or her] own physician," yet the handicap permit application published by the City on DOT's website states that an applicant "must have a severe, permanent disability that impairs mobility as certified by [the applicant's] personal physician..."; and

WHEREAS, Repeated questions and requests for information to DOT and DHMH regarding the handicap permit application process have not been answered; and

WHEREAS, The needs of severely disabled persons who require private vehicle transportation are not being met by the process and procedures currently imposed by DOT; therefore, be it

RESOLVED, That Community Board Five recommends that not later than one (1) week from receipt of a completed application containing a certified statement of disability by the applicant's personal physician, the Department of Transportation and the Department of Health and Mental Hygiene issue a temporary handicap parking permit, which permit may be subject to rescission upon a finding by DHMH's physician, following subsequent examination, that the certified statement of disability by the applicant's personal physician was false or materially incorrect; and, be it further

RESOLVED, That Community Board Five recommends that the Department of Transportation and the Department of Health and Mental Hygiene revise their processes and procedures for the issuance of handicapped parking permits by: (i) eliminating the requirement for an additional, separate medical examination by a City-paid physician, and (ii) processing all applications in order to assure that those applicants that are found to satisfy the requirements for such permits are issued the permits within the same - and not longer than - fixed period of time from receipt of a completed application (which time period shall be shorter than the term of the temporary permit issued to such applicants).

The above resolution passed with a vote of 35 in favor, 0 opposed, 1 abstaining.

WHEREAS, Pier 1 Imports ("Pier 1") is a retail establishment having a place of business at 71 Fifth Avenue on the southeast corner of Fifth Avenue and 15^th Street; and 

WHEREAS, Pier 1 has a service entrance for deliveries located on the east side of the store and the south side of 15^th Street; and

WHEREAS, Current signage at the location of the service entrance indicates "No Standing except Commercial Vehicles Metered Parking 7 AM to 7 PM Monday to Friday"; and

WHEREAS, Due to the nature of its business as well as DOT requirements, delivery trucks for Pier 1 typically arrive at 9 PM and can take several hours to unload; and

WHEREAS, Pier 1 has submitted an application to the New York City Department of Transportation (DOT) requesting a change in signage to allow its delivery trucks easier access to its service entrance for two hours from 9 PM to 11 PM Monday to Friday; and

WHEREAS, Such a change will not exclude other retail establishments in the immediate vicinity - e.g., a restaurant across the street - from using the curb for their respective delivery trucks; and

WHEREAS, Such a change will allow Pier 1 and other delivery trucks to offload their merchandise with greater ease and efficiency due to restrictions on the use of the curb by non-commercial vehicles, thereby resulting in less standing time at the location, which in turn can only mitigate traffic congestion and improve traffic safety on East 15^th Street between Broadway and Fifth Avenue; and

WHEREAS, By reducing the length of time required for such delivery trucks to load and unload, the total amount of noise generated (already relatively minor) which might diminish the 'quality of life' for nearby residents will be minimized; therefore, be it

RESOLVED, Community Board Five recommends approval of the application by Pier 1 to the DOT and supports the corresponding required change in existing signage by the DOT at the location in question. 

The above resolution passed with a vote of 33 in favor, 1 opposed, 1 abstaining.

WHEREAS, Tripper Bus Service (the "Applicant") is a private bus company operating a chartered bus service between New York City and the Washington, DC metropolitan area; and

WHEREAS, The company's current bus stop at the corner of 34^th Street and Seventh Avenue will be displaced temporarily in connection with upcoming construction at Madison Square Garden; and

WHEREAS, The Applicant has applied to the New York City Department of Transportation (DOT) for a temporary bus stop at the southeast corner of 30^th Street and Eighth Avenue for the duration of construction at Madison Square Garden, given this new location's reasonable proximity to Penn Station; and

WHEREAS, The District Office of Community Board Five received several e-mails from community residents in opposition to this request; and

WHEREAS, At the May 23, 2011 Transportation and Environment Committee meeting, members of the public who were present spoke unanimously in opposition to the temporary location requested by the Applicant, citing significant existing vehicular and pedestrian congestion in the area, a percentage of which might be in connection with the existing Vamoose Bus stop at 30^th Street and Eighth Avenue; and 

WHEREAS, Given information provided by the DOT that as of April 2011, there already are 137 bus stops in Manhattan for private or chartered bus companies, of which 58 alone are located within the Community Board Five district, it would appear that approval of the creation of any new bus stops for private bus services can only exacerbate existing vehicular and pedestrian congestion in the Community Board Five district; and

WHEREAS, Community Board Five has, on numerous occasions, requested that the DOT initiate a study for a comprehensive surface transportation plan that would examine potential adverse impacts in connection with private bus companies operating in the district; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application to the DOT by the Applicant for the creation of a new private bus stop on the corner of 30^th Street and Eighth Avenue. 

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