March 2011

WHEREAS, Community Board Five has received the following 31 applications for street festivals:

1. The Alliance of Guardian Angels, Inc. on Broadway, between 47^th and 57^th Streets, on Saturday, September 17
2. Innovative Community Enterprises, Inc, on Madison Avenue, between 42^nd and 57^th Streets, on Monday, May 30
3. National Ethnic Coalition of Organizations, Inc., on Madison Avenue, between 42^nd and 57^th Streets, on Sunday, July 10
4. Union Square Community Coalition, Broadway, between17th and 23^rd Streets, on Sunday, April 10
5. Knights of Vartan, on Broadway, between 43^rd and 44^th streets, on Sunday, April 24
6. The Sierra Club - Earth Awareness Day Festival, Broadway, between 35^th and 39^th Streets, on Saturday, April 30
7. Holy Innocents, on Broadway, between 47^th and 57^th Streets, on Sunday, October 23
8. Coalition of Italo-American Assoc. Inc.; on Broadway, between 47^th and 57^th Streets, on Sunday, May 22
9. International Immigrants Foundation, on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, June 4
10. Church of St. John the Baptist, on Sixth Avenue, between 23^rd and 33^rd Street, Saturday, June 25
11. McBurney YMCA, 6^th Avenue, between 14^th and 23^rd Streets, on Saturday, July 9
12. Avenue of the Americas Association, on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, July 30
13. St. Ceciles Scholarship Fund, 6^th Avenue, between 14^th and 23^rd Streets, on Saturday, August 27
14. 23^rd Street Association, on 6^th Avenue, between 14^th and 23^rd Streets on Saturday, August 27
15. Brazilian American Cultural Center Inc., on Avenue of the Americas, between 42^nd and 56^th Street, on East 46^th Street, between Madison and 5^th and on West 46^th Street, between 5^th and 7^th Avenues on Sunday, September 4
16. LAVAGEM RUE 46, on 46^th Street, between Madison and Fifth Avenues, on Saturday, September 3
17. Global Role Models, Inc., on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, October 8
18. Midtown South Community Council, on 6^th Avenue, between 34^th and 42^nd Streets, on Sunday, November 6
19. St. Bartholomew's Church, on 52^nd Street, between 5^th and 7^th Avenues and 5^th and Lexington Avenues, on Saturday, September 3
20. Encore Community Services 37 Annual Jazz Festival, 52^nd Street, between 5^th and 7^th Avenues, on Saturday, October 22
21. St. George Association - NYPD Times Square Holiday Fair, on 45^th Street, between 5^th and 7^th Avenues, on Saturday, November 19
22. Kidney Urology Foundation, on Lexington Ave, between 34^th and 42^nd Streets, on Sunday, July 3
23. Earth Day New York, on Vanderbilt Avenue, between 42^nd and 45^th Streets, on Friday and Saturday, April 22 and 23
24. 47^th Street Block Association, on 8^th Avenue, between 42^nd and 57^th Street, on Sunday, September 18
25. Midtown North Community Council, on 8^th Avenue, between 42^nd and 57^th Streets, on Sunday, October 9
26. Forum's Children's Foundation Inc., Ave of the Americas, between 42^nd and 56^th Streets on Saturday, May 14
27. Children's Leukemia Research Association, on 52^nd Street, between 5^th and 7^th Aves. And Lexington and 5^th, on Saturday, July  24
28. The Motion Picture Club, on Broadway, between 47^th Street and 57^th Street, on Sunday, July 17
29. Fashion Institute of Technology, on 27^th Street, between 7^th and 8^th Avenues, on Saturday, May 7
30. Broadway Cares/Equity Fights AIDS Inc., on 44^th Street, between Broadway and 8^th Avenue, on Sunday, September 25
31. Korean Day Block Party, on 32^nd Street, between 5^th Avenue and Broadway, on Saturday, October 1; and

WHEREAS, The sponsors of these events have a physical address within the boundaries of Community Board Five district, or have jurisdiction over Community Board Five, and

WHEREAS, These events are held every year without incident; and

WHEREAS, The sponsors abide by Community Board Five Street Activity Permit Policies, therefore be it,

RESOLVED, That Community Board Five recommends approval of the above-mentioned 31 applications.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received the following 10 applications for street festivals:

1. Gramercy Park Neighborhood Association, Broadway, between 17^th and 23^rd Streets, on Sunday, May 15
2. Gramercy Park Block Association, Broadway, between 17^th and 23^rd Streets, on Saturday, October 1
3. Gramercy Stuyvesant Independent Democrats, Broadway, between 17^th and 23^rd Streets, on Sunday, October 30
4. NY Young Republican Club, on Broadway, between 47^th and 57^th Streets, on Saturday, June 18
5. The Manhattan Republican Club, street festival on Park Avenue South, between 17^thand 23^rd Streets, on Saturday, October 22
6. Congress of Racial Equality, on Broadway, between 47^th and 57^th Street, on Sunday, July 31
7. USO of Metropolitan New York, on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, July 2
8. Big Apple Performing Arts, on Broadway, between 47^th and 57^th streets, on Sunday, August 28
9. New York Emperors Stickball League Inc., on Vanderbilt Avenue, between 42^nd and 44^th Streets, on Saturday, May 7 (NEW)
10. Ukrainian Family Day, on Broadway, between 34^th and 35^th Streets, on Sunday, May         15 (NEW)

WHEREAS, Community Board Five has passed a resolution requiring that all sponsoring organizations of street fairs be indigenous to Community Board Five; and

WHEREAS, Community Board Five has further defined that requirement as "having a physical street address within Community Board Five"; and

WHEREAS, Over the past several years, SAPO has used best efforts to relocated street fairs so that events take place within the board where the sponsoring entity holds its business address; and

WHEREAS, The sponsors for the above-mentioned applications are not located within Community Board Five, nor do they have specific jurisdiction over the district; and

WHEREAS, Community Board Five acknowledges the great contributions many of these organizations have made to New York City and Community Board Five; and

WHEREAS, In order to be fair and impartial, Community Board Five is attempting to judge applications in a non-subjective manner so as not to consider the merits of the organization itself, but rather on tangible facts such as business address of organization and impact on the community,  therefore be it

RESOLVED, That Community Board Five recommends denial of the above-mentioned applications.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received street activity applications for 14th Street-Union Square LDC, on Park Avenue South, between 17th and 23rd Streets, on Saturday, July 9

WHEREAS, Community Board Five acknowledges the great contributions this organization has made to New York City and CB5,

WHEREAS, in order to be fair and impartial, Community Board Five adheres to the policy of not judging street fair applications on the merits of the organization but on facts such as business address of organization and impact on the community,

WHEREAS, Community Board Five recognizes the significant negative impact that the closure of Park Avenue South would have on the surrounding community; and

WHEREAS, Community Board Five requests that 14^th Street-Union Square LDC moves the festival from Park Avenue South to Broadway between 17^th and 23^rd Streets on Saturday July 9^th; and

WHEREAS, the applicant has agreed to the afore mentioned change of venue; therefore be it

RESOLVED, That Community Board Five recommends denial of the above-mentioned applications unless the proposed street fair is relocated to Broadway between 17^th and 23^rd Streets on Saturday July 9^th.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received street activity applications for Midtown North Explorers Club, block party 45th Street, between 6th and 7th Avenues, on Sunday, April 17; and Midtown South Precinct Explorers Club, block party 33rd Street, between 6th and 7th Avenues, on Saturday, April 23; and

WHEREAS, Community Board Five acknowledges the great contributions these organizations have made to New York City and CB5; and

WHEREAS, Community Board Five recognizes the significant negative impact a high number of street fair and street closures have on a neighborhood and the board is actively trying to reduce the number of street festivals in highly saturated areas; and

WHEREAS, Both organizations have agreed to combine their events into one event, utilizing 45^th street between 5^th Avenue and Broadway on Sunday April 17^th; and

WHEREAS, Community Board Five recognizes the efforts of the applicants, Mardi Gras Festivals, and the community; therefore be it

RESOLVED, That Community Board Five recommends approval of the above-mentioned applications with the condition that these proposed street fairs are altered and combined on 45^th street between 5^th Avenue and Broadway on Sunday April 17^th.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has passed a resolution requiring that all sponsoring organizations of street fairs be indigenous to Community Board Five; and

WHEREAS, Community Board Five has further defined that requirement as "having a physical street address within Community Board Five"; and

WHEREAS, Over the past several years, SAPO has used best efforts to relocated street fairs so that events take place within the board where the sponsoring entity holds its business address; and

WHEREAS, The sponsors for the above-mentioned applications are not located within Community Board Five, but are located in neighboring Community Board Four; and

WHEREAS, The applicant has agreed to move their street fair to 6^th Avenue between 23^rd and 31^st Streets; and

WHEREAS, The new proposed location is adjacent to both CB4 and CB5; and

WHEREAS, This location is in the same neighborhood as the applicant's street address; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of this application UNLESS it is moved to 6^th Avenue between 23^rd and 31^st streets on Saturday June 4, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received street activity applications for St. Patrick's Cathedral Young Adults, on Madison Avenue, between 42nd and 57th Streets, on Sunday, October 30  and American Diabetes Association, on Madison Avenue, between 42nd and 57th Streets, on Saturday, November 5; and

WHEREAS, Community Board Five acknowledges the great contributions these organizations have made to New York City and CB5; and

WHEREAS, in order to be fair and impartial, Community Board Five adheres to the policy of not judging street fair applications on the merits of the organization but on facts such as business address of organization and impact on the community; and

WHEREAS Community Board Five recognizes the significant negative impact a high number of street fair and street closures have on a neighborhood and the board is actively trying to reduce the number of street festivals in highly saturated areas; and

WHEREAS Community Board Five adopted the following recommendation within the Street Festival Task Force: "In the instance of two events occurring on the same avenue/ neighborhood on adjacent weekends, the two events should instead share two distinct areas within the same avenue/ neighborhood on the same day so as to reduce the overall frequency of festivals within the district "; and

WHEREAS Community Board Five requests that Mardi Gras Festivals combines these two events, utilizing Madison Avenue between 50^th and 57^th Streets for St. Patrick's and Madison Avenue between 42^nd and 50^th Streets for American Diabetes Association on October 30^th, 2011;  Therefore be it

RESOLVED, That Community Board Five recommends approval of the above-mentioned applications WITH THE CONDITION that the two events are combined, utilizing Madison Avenue between 50^th and 57^th Streets for St. Patrick's and Madison Avenue between 42^nd and 50^th Streets for American Diabetes Association on October 30^th , 2011; and be it further

RESOLVED, That Community Board Five recognizes that due to SAPO regulations, SAPO may not be able to honor this request at this time; but with an eye toward the future, CB5 looks forward to working closely with SAPO and CECM to resolve this and other similar issues.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received street activity applications for The Workmen's Circle, Inc., on Madison Avenue, between 42nd and 57th Streets, on Sunday August 14 and for Daytop, on Madison Avenue, between 42nd and 57th Street, on Sunday, August 21; and

WHEREAS, Community Board Five acknowledges the great contributions these organizations have made to New York City and CB5; and

WHEREAS, In order to be fair and impartial, Community Board Five adheres to the policy of not judging street fair applications on the merits of the organization but on tangible facts such as business address of organization and impact on the community; and

WHEREAS, Community Board Five recognizes the significant negative impact a high number of street fair and street closures have on a neighborhood and the board is actively trying to reduce the number of street festivals in highly saturated areas; and

WHEREAS, Community Board Five adopted the following recommendation within the Street Festival Task Force: "In the instance of two events occurring on the same avenue/ neighborhood on adjacent weekends, the two events should instead share two distinct areas within the same avenue/ neighborhood on the same day so as to reduce the overall frequency of festivals within the district "; and

WHEREAS, Community Board Five requests that Mardi Gras Festivals and Clearview Productions work together to find a collaborative way to combine these two events, utilizing Madison Avenue between 50^th and 57^th Streets for Workmen's Circle and Madison Avenue between 42^nd and 50^th Streets for Daytop on August 21^st, 2011;  therefore be it

RESOLVED, That Community Board Five recommends approval of the above-mentioned applications WITH THE CONDITION that the two applications are combined utilizing Madison Avenue between 50^th and 57^th Streets for Workmen's Circle and Madison Avenue between 42^nd and 50^th Streets for Daytop on August 21^st, 2011; and be it further

RESOLVED, That Community Board Five recognizes that due to SAPO regulations, SAPO may not be able to honor this request at this time; but with an eye toward the future, CB5 looks forward to working closely with SAPO and CECM to resolve this and other similar issues.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, The Ancient Order of Hibernians wants to organize a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, August 20^th , 2011; and

WHEREAS, The Ancient Order of Hibernians is on record as excluding and/or discriminating against Gay and Lesbian organizations in their functions; and

WHEREAS, The discrimination practices of the Ancient Order of Hibernians are against Community Board Five's Street Activity Permit Policies; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to hold a street fair on Avenue of the Americas between 42nd and 56th Street, on Saturday, August 20^th, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received an application for a new street fair event to benefit Canon CF Cystic Fibrosis, on 18^th Street, between 5^th and 6^th Avenues, on Sunday, June 12; and

WHEREAS, The applicant met with members of Community Board Five to discuss concerns regarding sound, sanitation, safety, and neighborhood impact; and

WHEREAS, The applicant is a local business person on 18^th street; and

WHEREAS, The profits from this event will go to the 501c charity The Cystic Fibrosis Foundation; and

WHEREAS, The applicant has agreed to provide adequate staffing and clean-up personnel; and

WHEREAS, The applicant has agreed to contact the NYPD and local sanitation department regarding safety and clean-up at this event; and

WHEREAS, The applicant has agreed not to use any amplified sound; and

WHEREAS, The applicant has agreed to contact neighbors for input on how to have the least negative impact on the surrounding community; therefore be it

RESOLVED, That Community Board Five recommends APPROVAL of the Canon CF Cystic Fibrosis event on 18^th Street, between 5^th and 6^th Avenues, Sunday, June 12, 2011

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, The United war Veterans Council of NY, Inc has requested a post parade gathering on 53^rd street between 5^th and Avenue of the Americas; and

WHEREAS, This event is held immediately following the Veteran's Day Parade; and

WHEREAS, This event is held every year without incident; and

WHEREAS, The sponsors abide by Community Board Five Street Activity Permit Policies, therefore be it

RESOLVED, That Community Board Five recommends APPROVAL of the permit for The United War Veteran's Council of NY to hold its post parade event on West 53^rd Street between 5th Avenue and Avenue of the Americas on November 11, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on East 58^th Street at the South East Corner of 5th Avenue; and

WHEREAS, The proposed location is highly congested by pedestrian traffic; and

WHEREAS, Community Board Five has a moratorium on street furniture and newsstands in the landmarked Fifth Avenue visual corridor; and

WHEREAS, the applicant agreed to withdraw this application and look for a more appropriate location; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the proposed newsstand on the SEC of 5^th Ave and 58^th Street.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on 31st Street at the South East Corner of 7th Avenue, and

WHEREAS, The application itself lacked professional drawings without accurate measurements and indications; and

WHEREAS, The applicant told us that they actually meant to apply for the SWC of 31^st St and 7^th Ave; and

WHEREAS, Community Board Five is already considering an application for that same location; and

WHEREAS, The proposed location is across the street from the Madison square/ Penn Station Pavilion; and

WHEREAS, The proposed location is highly congested by pedestrian traffic; and

WHEREAS, The area is already adequately served by existing newsstands and shops including two newsstands at the entrance to Penn station ( 32^nd St and 7^th Ave) and a newsstand at the NEC of 33^rd St and 7^th Ave; and

WHEREAS, The SEC of 31^st St and 7^th Ave location is directly in front of a hotel entrance and therefore not in compliance; and

WHEREAS, The SWC of 31^st St and 7^th Ave location is only 5' 6" from a bank entrance and therefore not in Compliance; and

WHEREAS, Members of the 34^th Street Partnership appeared to speak against this application; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the proposed newsstand at the SEC of 31^st St. and 7^th Ave.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on the South West Corner of 31^st Street and 7th Avenue, and

WHEREAS, The proposed location is across the street from the Madison Square/ Penn Station Pavilion; and

WHEREAS, The proposed location is highly congested by pedestrian traffic; and

WHEREAS, The area is already adequately served by existing newsstands and shops including two newsstands at the entrance to Penn station ( 32^nd St and 7^th Ave) and a newsstand at the NEC of 33^rd St and 7^th Ave; and

WHEREAS, The SWC of 31^st St and 7^th Ave location is only 5' 6" from a bank entrance and therefore not in compliance with DCA regulations; and

WHEREAS, Members of the 34^th Street Partnership appeared to speak against this application; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the proposed newsstand at the SWC of 31^st Street and 7^th Ave.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, 510 Fifth Avenue, aka 508-514 Fifth Avenue; 2 West 43rd Street, Manufacturers Trust Company Building, has been an  individual Exterior Landmark since 1997 and  the first two floors were approved by LPC as an Interior Landmark on February 15, 2011 ( CB 5  concurred, Approving unanimously on February 10, 2011 by a vote of 33-o with 1 Abstention); and

WHEREAS, The current owner, Vornado Realty Trust, has applied to LPC for a Certificate of Appropriateness for alterations to parts of the exterior and the designated interior portions to adaptively reuse the former bank building into spaces to accommodate two retail tenants; and

WHEREAS, One of the two tenants has been determined to be Joe Fresh, a retail clothing subsidiary of  Loblaw Companies Ltd., Canada's largest food distributor, which will lease the northerly portion of the ground floor and all of the second floor, as its first entry into the United States market, intending it  to be its flagship store in this highly visible and iconic building with a prized location; and

WHEREAS, Vornado reported to CB 5 that it was unable to find a single suitable tenant for the entire two floors and is still in the process of seeking the second tenant for the southerly portion of the ground floor where the prominent Mosler vault door, which can be seen from Fifth Avenue, is situated; and

WHEREAS, Given the adaptive reuse of the building for retail purposes at street level, prospective tenants require new Fifth Avenue entrances plus other significant interior building modifications at street level and the second floor to meet their needs; and

WHEREAS, Vornado has engaged the services of Skidmore, Owings and Merrill, the original architects for the building,to restore some of the significant Landmarked portions of the interior of the building which, until last month were not designated, as well as to redesign certain interior and exterior building elements for the new retail tenants; and

WHEREAS, The restoration includes:

1.      Replacing the existing yellow acrylic panels with new acrylic panels to give a unified reading to the building similar to its original white appearance, i.e., the original ceiling design was  luminous  and the lighting source was cold cathode with a white color rendition; over the years the energy inefficient light source was changed to fluorescent with inconsistent color temperature;

2.      Removing an existing (not original) ceiling divide between the first and second floors to restore it to a mezzanine-like condition with a new glass ceiling

3.      Cleaning and polishing the existing vault door

4.      Replacing the original Bertoia-designed Screen Sculpture, which was removed by Chase, prior to Interior Designation, with a new screen designed by SOM (Note: CB 5 requested that Chase be contacted by LPC to request the Bertoia screen to be returned, and according to Vornado, Chase has set a prohibitive price for it as a work of art); and

WHEREAS, The redesign includes:

1.      Two new entrances on Fifth Avenue and moving the former Chase Banking Floor entrance further west on West 43rd Street, all in three glass door modules, the same as the original building doors, which can be changed in the future, depending on prospective tenancies

2.      A new demising wall separating the two retail tenants at the ground floor with an 18" glass portion at the top, in compliance with NYC Building Code requirements

3.      Demolishing the concrete vault and its interior, just leaving the vault door and its surrounding concrete 

4.      Installing a new glass elevator connecting the ground and second floors and relocating and redesigning the two existing escalators to suit the interior circulation needs of  the new tenant, Joe Fresh

5.      New signage for the retail tenants which has not been designed as yet; and

WHEREAS,  This C of A is calendared for a Hearing at LPC for March 15, 2011 and details and renderings of signage for the new tenant, Joe Fresh, and the prospective tenant for the southerly space have not been presented to CB 5; and 

WHEREAS, The Applicant has agreed to return to CB 5 for a presentation of its signage proposal; therefore, be it 

RESOLVED, CB5 approves a Certificate of Appropriateness Application for alterations to the exterior and the designated interior portions of 510 Fifth Avenue, aka 508-514 Fifth Avenue; 2 West 43rd Street, Manufacturers Trust Company Building, based on its presentation to CB 5; and, be it further 

RESOLVED, CB5 does not approve any new signage for 510 Fifth Avenue until the Applicant makes a complete, satisfactory presentation of such signage to CB 5.

The above resolution passed by a vote of 26 in favor; 2 opposed; 1 abstaining.

WHEREAS, The Landmarks Preservation Commission (LPC) has proposed amendments to existing rules and new rules relating to HVAC, new window openings on secondary facades, rear yard additions, temporary permits, rooftop additions, bracket signs and storefront signage, expedited certificates of no effect, new sash and frames in historic district buildings, and revocation of approvals; and

WHEREAS, The LPC has stated that the amendments are being proposed in order to reflect current practices and policies at the LPC, to streamline the review of certain applications and to add new rules to address perceived inadequacies of the existing rules; and

WHEREAS, The proposed amendments would allow certain work on landmarked properties that currently requires a public hearing and approval by the LPC commissioners to be approved by LPC staff without community input; and

WHEREAS, Community Board Five recognizes the need to be cautious when granting additional authority to the LPC staff to make decisions without public review and input from the Community Board and the public at large; and

WHEREAS, Community Board Five also recognizes that LPC staff already has certain decision-making authority which reduces the time and expense of applicants when making routine applications for certain types of work in accordance with LPC guidelines; and

WHEREAS, LPC is in the process of developing on online Public Application Filing and Outcome Notification System, so that future actions taken by the Commission will be subject to increased Public Review, thereby alleviating some of CB 5's concerns; and

WHEREAS, Community Board Five has reviewed the proposed rule amendments and considered comments from both the LPC and independent preservationists; and

WHEREAS, Community Board Five believes that the proposed rule amendments are on the whole sufficiently detailed to provide specific guidance for LPC staff decisions and will positively streamline the review process, which will both benefit applicants and allow the LPC commissioners to focus their public hearings on extraordinary and problematic proposals; and

WHEREAS, Community Board Five recommends that the LPC in its continued consideration of the proposed amendments take the opportunity to clarify any potentially ambiguous language to further assist the staff review process; therefore, be it

RESOLVED, That Community Board Five recommends approval of the Landmarks Preservation Commission's proposed rules amendment.

The above resolution passed by a vote of 27 in favor; 0 opposed; 1 abstaining.

WHEREAS, Bryant Park Corporation has presented Community Board Five with a detailed informational overview of their proposed power facility upgrade project during our Parks Committee meeting on Monday February 28, 2011; and

WHEREAS, Currently, when larger special event activities are conducted, i.e. CitiPond Ice Skating Rink, the Holiday Shops, and the HBO free summer movie screenings, power generating trailers are temporarily installed on Sixth Avenue; and

WHEREAS, The usage of these temporary power trailers generates constant noise and diesel pollution, involves the usage of hundreds of cables and wires, occupies street space that is normally used for the bus lane, creates traffic and pedestrian safety issues, and these have a negative visual impact on Bryant Park and the surrounding neighborhood; and

WHEREAS, In an effort to alleviate all of these issues, and to modernize the parks operations, Bryant Park Corporation proposes to construct a permanent underground power facility which would be located along West 40^th Street east of Sixth Avenue; and

WHEREAS, The proposed power facility would not negatively impact the New York Public Library, nor would this occupy any of the library's underground vault space; and

WHEREAS, The proposed upgrade would include the protection and preservation of all of the park's trees, with the exception of the loss of one 17 inch diameter London Plane, for which the Parks Department and Bryant Park Corporation are finalizing restitution for the taking of this tree; and

WHEREAS, Dwarf boxwoods and mixed perennials/seasonal annuals would be planted around vault grates; and

WHEREAS, There would be a single access stair for the facility, and the top of the door would be finished with a bluestone veneer to fully blend into the existing bluestone pavers; and

WHEREAS, The project site would be replaced in kind, there would be no above ground features, and only the ingress hatch door flaps would be open infrequently for inspections of preventative maintenance; and

WHEREAS, Bryant Park Corporation's proposed upgrade project is fully coordinated with Con Ed, has already acquired Department of Transportation approvals for MPT on West 40^th Street, and is being reviewed by the New York City Department of Parks and Recreation and by the Landmarks Preservation Commission; and

WHEREAS, At this time Bryant Park Corporation is poised to commence with the public bid process, and construction may start in March and might be completed in Mid-October 2011; and

WHEREAS, Once completed, the proposed upgrade project would fit almost seamlessly into the historic landscape, and serves a solution to long standing mechanical, environmental, transportation and pedestrian issues; therefore, be it

RESOLVED, That Community Board Five is supportive of Bryant Park Corporation's proposed power facility project.

The above resolution passed by a vote of 29 in favor; 0 opposed; 1 abstaining.

WHEREAS, Bryant Park Corporation has presented Community Board Five with a detailed informational overview of their proposed modifications and improvements to the Southwest Porch during our Parks Committee meeting on Monday February 28, 2011; and

WHEREAS, The Southwest Porch is a successful free public amenity which had been temporarily installed two years ago in what was once underutilized park space - the area surrounding the food and drink kiosk in the south west of Bryant Park; and

WHEREAS, Currently, the Southwest Porch features a deck, pergola, fire pits, heating lamps, lighting at night, power outlets, Wi-Fi, tables, seating, daybeds, and umbrellas; and

WHEREAS, Southwest Airlines is the corporate sponsor for the Southwest Porch; and

WHEREAS, The existing deck abuts an ivy bed, and due to this pervious design oversight, some people have carelessly walked through the ivy either to enter onto or exit off of the Southwest Porch;

WHEREAS, The proposed design for the new deck incorporates an ivy protection path and railing, thus encouraging people not to walk through the ivy bed; and

WHEREAS, The proposed design for the new deck would also include additional railings which better define entrances and exits, and also reduces the amount of barricades to direct foot traffic; and

WHEREAS, The existing pergola, which extends over the bluestone path, is somewhat bulky, and has no relation with the style of the kiosk; and

WHEREAS, The proposed design for the new, less bulky pergola would be more harmonious with the kiosk, and would no longer extend over the bluestone path;

WHEREAS, The current pergola's hanging plants would be replaced with ivy on top of the new pergola, which would create interesting shadowing patterns on the deck; and

WHEREAS, Some of the existing furniture which seems oversized and suburban would be changed to incorporate pieces that are more harmonious with the kiosk and the park's traditional architectural elements; and

WHEREAS, Driven by the sponsorship, many of the existing furnishings had been temporarily upholstered in bright yellow, in keeping with Southwest Airlines corporate colors; and

WHEREAS, Proposed new furnishings would have upholstery that is of more subdued colors, much more like the park's traditional architectural elements; and  

WHEREAS, Planter signs that currently have Southwest Airlines yellow logo would be changed so that these include the graphics, but would blend into the planter's subdued coloring; and

WHEREAS, The proposed changes are well thought out, retain the popular public amenities, refine the foot print inside the park, and stylistically the modified Southwest Porch would not seem like a temporary, stand- alone feature; therefore, be it

RESOLVED, That Community Board Five is supportive of Bryant Park Corporation's proposed modifications and improvements to the Southwest Porch.

The above resolution passed by a vote of 29 in favor; 0 opposed; 1 abstaining.

WHEREAS, Gallery Church of Manhattan, a not-for-profit organization, has submitted applications to conduct surveys and take photographs of some willing participants in both Union Square Park and Madison Square Park on Monday March 21, Tuesday June 14 and Monday June 27, 2011, from 11:00 AM until 3:00 PM; and

WHEREAS, These events would require only a small footprint to accommodate the set-up of a table with some information about the Futures Project, and these tables would be set-up in the south plaza of Union Square Parks and also near the fountain in the north of Madison Square Park; and

WHEREAS, The applicant has had experience in conducting these events, including once in early 2010 in Union Square Park and on three other occasions in the last two years; and

WHEREAS, The surveys and portraits would be used in Gallery Church's "Futures Project" art installment at their Salt Space located at 1160 Broadway at 27^th Street; and

WHEREAS, The proposed special events are brief in duration, require only a small footprint, would be free of charge and open to the public, and these are participatory and cultural in nature; therefore, be it

RESOLVED, That Community Board Five recommends approval of Gallery Church of Manhattan's applications to conduct their Futures Project events in Union Square Park and in Madison Square Park on Monday March 21, Tuesday June 14 and Monday March 27, 2011, from 11:00 AM until 3:00 PM.

The above resolution passed by a vote of 29 in favor; 0 opposed; 1 abstaining.

WHEREAS, Lead Dog Marketing has proposed a March of Dimes Walk, on Madison Avenue from East 23rd Street through East 26th Street, contiguous to the eastern border of Madison Square Park, on Sunday May 1, 2011, from 8:00 AM until 12:00 noon; and

WHEREAS, Set up for the proposed event would begin at 3:00 AM; and

WHEREAS, The event would not be conducted inside Madison Square Park, but would be conducted just adjacent to the park, on a closed portion of Madison Avenue; and

WHEREAS, The event would be the conclusion of a walk begun elsewhere, and participants would be given water and refreshments; and

WHEREAS, March of Dimes literature would be distributed to observers and participants; and

WHEREAS, There would be a small stage erected on Madison Avenue for use by March of Dimes speakers, and this would require the use of amplified sound; and

WHEREAS, There would not be large corporate sponsor signage; and

WHEREAS, Since this would be the conclusion of the walk, participants are expected to quickly disperse after receiving refreshments; therefore, be it

RESOLVED, That Community Board Five recommends approval of Lead Dog Marketing's application to conduct a special event near Madison Square Park on Sunday May 1, 2011, from 8:00 AM until 12:00 PM in association with a charity walk benefitting the March of Dimes.

The above resolution passed by a vote of 25 in favor; 3 opposed; 1 abstaining.

WHEREAS, A proposal has been received from Learning through an Expanded Art Program (LEAP) to hold a Public Arts Opening Event for LEAP's Student Citywide Parks Exhibition in the south plaza of Union Square Park; and

WHEREAS, The Opening Event, a 30-minute press conference, will take place on Thursday, May 19, 2011, from 11:30 am to 12:00 pm, followed by viewing of the "Public Art" project until approximately 2:00 pm; and

WHEREAS, Set-up will begin at 8:30 am and clean-up will be concluded by 3:00 pm; and

WHEREAS, The press conference will include student presentations and remarks by guests including Commissioner Adrian Benepe, Deputy Mayor Walcott, and the artist Christo, among others; and

WHEREAS, This event will be the opening event for a two-month citywide student art exhibition in 10 New York City parks, in cooperation with the New York City Department of Parks and Recreation, of 10 school lunch tables decorated by middle school students with murals, photography, poetry, 3-D work, and mosaic during teaching artist residencies through LEAP's "Public Art" program; and

WHEREAS, This is the fourth year of this event; and

WHEREAS, Amplified sound will be used during the press conference, the event will be free of charge and no merchandise will be sold; and

WHEREAS, Community Board Five encourages the use of New York City parks for such public art events; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Learning through an Expanded Art Program (LEAP) to hold a Public Arts Opening Event in Union Square Park on Thursday, May 19, 2011.

The above resolution passed by a vote of 29 in favor; 0 opposed; 1 abstaining.

WHEREAS, Madison Square Park Conservancy has submitted an application seeking permission to conduct an event in Worth Square on Sunday and Monday April 10 and April 11, 2011, and in Madison Square Park on Tuesday April 12, 2011, from 11:00 AM until 6:00 PM, as part of the Second Annual Triscuit National Home Farming Day; and

WHEREAS, This event would be sponsored by Triscuit, who in exchange will contribute a $45,000.00 donation to the Madison Square Park Conservancy; and

WHEREAS, The Home Farming movement was recently conceived and this proposed event has been previously conducted in several cities as a means to help establish and strengthen the relationship between urban residents, the food we eat, and the green spaces we use and enjoy; and

WHEREAS, On Sunday and Monday April 10 and April 11, 2011, a small home farming cart would be set-up in Worth Square providing information on the movement and on the upcoming event in Madison Square Park; and

WHEREAS, The actual Home Farming Day event would be conducted on Tuesday April 12, 2011, in the gravel area in the southwest of Madison Square Park; and

WHEREAS, This proposed event would feature an interactive planting station designed to enlist new home farmers into the movement and to inspire park visitors as they experience how easy and rewarding it can be to farm at home; and

WHEREAS, This proposed event would feature a digital wall, which will display live streams of simultaneous Home Farming Day events in Los Angeles and Tampa, pre-recorded footage of some previous success stories, and celebrity horticulturalist and HGTV star Paul James, providing gardening tips and serving as the host; and

WHEREAS, This proposed event would feature a Home Farm Café, which would offer participants samples of various dips made from home farmed herbs, served on Triscuit crackers; and

WHEREAS, Guests would have an opportunity to plant a "home farm" in Madison Square Park using a variety of seeds, soil discs and small post which they could take with them, and they would be offered a "plantable post card" which they could take to share the share the experience with friends; and

WHEREAS, Both Community Board Five and Madison Square Park Conservancy have expressed a preference that corporate signage is kept to a minimum, and although this would not be entirely eliminated, in most cases, the signage emphasis is placed predominantly on home farming; and

WHEREAS, It is hoped that this event would bring New Yorker's closer to their environment through encouraging park visitors to become home farmers, and develop a deeper appreciation for the park's horticulture and tranquil green spaces; therefore, be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct the Second Annual Triscuit National Home Farming Day events in Worth Square on Sunday and Monday April 10 and April 11, 2011, and in Madison Square Park on Tuesday April 12, 2011.

The above resolution passed by a vote of 26 in favor; 3 opposed; 1 abstaining.

WHEREAS, Union Square Partnership has submitted an application seeking permission to conduct Harvest in the Square, their annual food and wine tasting fundraiser involving various local restaurants in the west plaza of Union Square Park on Tuesday September 22, 2011, between the hours of 6:00 PM and 9:00 PM; and

WHEREAS, Tickets for Harvest in the Square would be sold for $125.00 for General Admission, and $400.00 for VIP, and it is anticipated that this event would attract approximately 1,200 participants; and

WHEREAS, The proposed special event would require set-up to begin on Wednesday September 21, 2011 at 6:00 PM, and dismantling and clean-up to be completed before 6:00 AM on Friday September 23, 2011; and

WHEREAS, There is a long-standing precedent for the Harvest in the Square fundraiser in Union Square Park; and

WHEREAS, Union Square Partnership has agreed that when presenting future event applications that they will clearly state whether or not those events are occurring concurrently with previously approved special events; and

WHEREAS, If there are any material changes in the event from previous years, i.e. signage, set-up, scale, location, and/or ancillary activities, Union Square Partnership has agreed to return and present these changes to Community Board Five; therefore, be it

RESOLVED, That Community Board Five recommends approval of Union Square Partnership's application to conduct their Harvest in the Square annual fundraiser in Union Square Park on Thursday September 22, 2011.

The above resolution passed by a vote of 29 in favor; 0 opposed; 1 abstaining.

WHEREAS, Union Square Partnership has submitted an application to conduct their Summer in the Square annual free concert series, that would also include activities such as morning exercise classes, yoga, mid-day children's performances, and evening performances of music and theatre, in the south plaza of Union Square Park on Thursdays from June 16 through July 28, 2011, between the hours of 8:00 AM and 7:00 PM, requiring set-ups to begin at 6:00 AM and clean-ups to be completed by 8:00 PM; and

WHEREAS, Summer in the Square events are free of charge and open to the public, and they are anticipated to attract approximately 600 participants; and

WHEREAS, There is a long-standing precedent for the Summer in the Square event series in Union Square Park; and

WHEREAS, Union Square Partnership has agreed that when presenting future event applications, that they will clearly state whether or not those events are occurring concurrently with previously approved special events; and

WHEREAS, If there are any material changes in the event from previous years, i.e. signage, set-up, scale, location, and/or ancillary activities, Union Square Partnership has agreed to return and present these changes to Community Board Five; therefore, be it

RESOLVED, That Community Board Five recommends approval of Union Square Partnership's application to conduct their Summer in the Square concert series in Union Square Park on Thursdays from June 16 through July 28, 2011.

The above resolution passed by a vote of 29 in favor; 0 opposed; 1 abstaining.

WHEREAS, Roberto Paciullo, on behalf of Trattoria Zero Otto Nove II LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for a restaurant to be located at the premises at 15 West 21^st Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises has a full kitchen, consists of less than 3,000 square feet of patron space with estimated patron usage limited to 160 including kitchen staff and all personnel in accordance with the current Certificate of Occupancy; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises will be operated exclusively as an eating and drinking establishment, with an approximate total of 35 tables, 128 seats, and 14 bar stools; and

WHEREAS, The Premises will include one patron bar; and

WHEREAS, The principals of Applicant are known and experienced restaurant operators; and

WHEREAS, Applicant shall:

a.                   restrict the hours of operation to the following noon to 11:00 pm Monday through Thursday, noon to 10:00 pm on Sunday, and noon to 1:00 am Friday and Saturday;

b.                  not use external party promoters at any time;

c.                   not seek a cabaret license at any time;

d.                  maintain adequate security in the Premises;

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

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

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

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Roberto Paciullo ever contemplate a transfer of her 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 application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; and

WHEREAS, Members of the community expressed support for the approval of the application; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Trattoria Zero Otto Nove II LLC for a new liquor license for a restaurant to be located at 15 West 21^st 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 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Applicant Won Ok Lee, on behalf of Grand Karaoke Inc. ("Applicant"), has notified Community Board Five of its intention to file a renewal application for its existing wine and beer license within the premises to be leased to Applicant on the third floor of 23West 32nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of 2,244 square feet of indoor space on the 3rd floor of the Premises; and

WHEREAS, The Premises will be operated as a Karaoke Bar and restaurant, with a total of 6 tables and 36 seats for eating and drinking Korean cuisine, serving beer and wine; there will be no bar stools; and

WHEREAS, Estimated total capacity is approximately 35 - 40 on the third floor including personnel and staff; and

WHEREAS, The Premises will include no patron bars; and

WHEREAS, Applicant shall:

a.       since this building does not have a Certificate of Occupancy because it was built prior to 1938,  provide a "Letter of No Objection" from the New York City Department of Buildings, stating that the DOB does not object to the use of the Premises for this operation specifically for the 3rd floor;

b.      clearly mark the second means of egress with proper exit signage;

c.       provide accessibility to the rear exiting fire escape window by March 3, 2011; 

d.      limit capacity to 40 people as stated in DOB Inspection violation issued February 5, 2011;

e.       operate the Premises as a karaoke bar and restaurant with food service, with no private parties;

f.       maintain hours of operation seven days a week 2 PM to 2 AM;

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

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

i.        meet with neighbors and CB5 if requested to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Won Ok Lee ever contemplate a transfer of her interest in Applicant so that she does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

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

RESOLVED, That Community Board Five recommends denial of the renewal application Grand Karaoke Inc. for renewal of an on premises wine and beer license within the premises to be leased to Applicant on the third floor of 23 West 32^nd Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

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

WHEREAS, GQ Nightlife LLC d/b/a "Promenade" ("Applicant"), has notified Community Board Five of its intention to renew its existing on premises liquor license for the nightclub located at 215 West 28^th  Street (the "Premises"); and

WHEREAS, Applicant is currently in possession of a liquor license for the Premises that was approved by Community Board Five (CB5) in July of 2008 subject to extensive assurances, conditions and stipulations regarding the method of operation agreed to by the owner (attached); and

WHEREAS, Applicant has failed to comply with the conditions and stipulations to which it agreed; and

WHEREAS, Principals of Applicant failed to appear at the March 2, 2011 meeting of the Public Safety and Quality of Life Committee as requested but instead sent Ms. Betsy Varela, a daytime manager of the establishment with no experience in handling matters of this seriousness and with no authority whatsoever on behalf of the Applicant; and

WHEREAS, In recent years what had once been primarily a manufacturing area of the city is now home to many new residences, commercial businesses and a school, the Fashion Institute of Technology; and

WHEREAS, Neighboring businesses and residences of the community came out in strong opposition to the venue and presented verbal testimony, written testimony, a signed petition and e-mails indicating the same; and

WHEREAS, Among the more serious instances reported at the venue are:

March 2009                 Multiple Stabbing Inside Club

January 2010               Shots Fired Outside Club

March 2010                 Fighting Outside Club;

April 2010                   Noise, Unlicensed Security, Dancing without Cabaret License

May 2010                    Underage Drinking

February 2011             Assault, Felony Assault, Failure to Control Crowd; and

WHEREAS, In addition to the above incidents, residences and businesses indicated that the quality of life issues due to the venue were extensive and included excessive crowds, noise, littering and disregard for others on the block; therefore be it

RESOLVED, That Community Board Five RECOMMENDS DENIAL of the renewal of an on premises liquor license for GQ Nightlife LLC d/b/a "Promenade" located at 215 West 28^th Street; and be it further

RESOLVED, That Community Board Five recommends that ENFORCEMENT ACTION be taken by the New York State Liquor Authority against GQ Nightlife LLC d/b/a "Promenade" located at 215 West 28^th Street to abate the nuisance created by the operation at the Premises.

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

WHEREAS, Peter Levin, on behalf of JP Concepts ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for a restaurant to be located at the premises at 345 Park Avenue South at 25^th Street, New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 6,874 square feet on the ground floor and basement of useable public space; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 40 tables, 135 seats, and a large bar that seats 261, with a full kitchen; and

WHEREAS, The total capacity of the Premises will be about 350; and

WHEREAS, The Premises includes 1 patron bar and 2 service bars; and

WHEREAS, Applicant shall:

1.                  agree to keep the establishment exclusively as a restaurant, with hours of operation Monday through Tuesday from 11am to midnight, Wednesday through Saturday 11am - 2am, and Sunday 10am - midnight;

2.                  not apply for a cabaret license;

3.                  not hire outside promoters;

4.                  not incorporate a DJ or live music, and agree to keep the television volume  levels and stereo music conducive to a "sports themed"  eating establishment only;

5.                  install soundproofing so that ambient noise is kept at a minimum;

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

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

9.                  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 Peter Levin ever contemplate a transfer of her 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 application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; and

RESOLVED, That Community Board Five recommends denial of the application by JP Concepts for a new liquor license for a restaurant to be located at the premises at 345 Park Avenue South at 25^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 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Paul Goldstein, on behalf of Madison Entertainment LLC ("Applicant"), has notified Community Board Five of its intention to apply for an alteration to its existing on premises liquor license for the ground floor restaurant and basement nightclub located at the premises at 625 Madison Avenue a/k/a 39 East 58^th Street, New York, New York (the "Premises"); and

WHEREAS, Applicant seeks to annex an adjacent new space to the Premises; and

WHEREAS, The addition consists of approximately 550 usable square feet on the ground floor of useable public space, all of which will be for patron use and service bar; and

WHEREAS, The Premises will be operated exclusively as seating for the existing Lavo restaurant and bar, with a total of approximately 8-9 tables, and 30-40 seats, and as a waiting area, if lawful, for patrons queuing to enter the Lavo nightclub downstairs; and

WHEREAS, The total capacity of the addition will be 120 persons seated and standing; and

WHEREAS, The addition includes 1 service bar only and no patron bar; and

WHEREAS, Applicant shall:

1.      Maintain a VIP entrance and reservation policy to expedite the entrance of patrons into the club and minimize queuing;

2.      Comply with police department instructions regarding persons outside of the Premises waiting for admission to the Premises;

3.      Employ up to at least 3 additional identifiable persons to monitor and direct vehicular traffic during nightclub hours;

4.      Ensure that additional interior space is allocated to patrons waiting for entrance to the establishment as well as dining and bar space;

5.      Inform residents of special events ;

6.      Continue open communication with the police department to attempt to have a uniformed officer is stationed on 58th street helping to monitor the block;

7.      at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) attempt to have 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.      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 request any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Paul Goldstein 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 requested 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 application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; and

RESOLVED, That Community Board Five recommends denial of the application by Madison Entertainment LLC D/B/A LAVO for the alteration to its existing on premises liquor license for the ground floor restaurant and basement nightclub located at the premises at 625 Madison Avenue a/k/a 39 East 58^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 32 in favor; 0 opposed; 1 abstaining.

 WHEREAS, In 1997 the Committee on Public Safety and Quality of Life of Manhattan Community Board Five passed a resolution (as amended, the "Moratorium Resolution") requesting that the New York State Liquor Authority institute a moratorium on new liquor licenses on 20^th, 21^st, and 22^nd Streets between Fifth and Sixth Avenues (the "Moratorium Area"), in order to address serious problems of extreme noise, vehicular and pedestrian congestion, litter, traffic problems, and belligerent crowds, as well as vandalism and incidents of violence; and

WHEREAS, In 1999, the Board reaffirmed the Moratorium Resolution, adding some clarifying parameters: establishments with public space of less than 3,000 feet that included a full, constructed kitchen were to be exempted, in order to attract dining establishments in this area rather than nightlife operations; and

WHEREAS, In 2010, the PSQL Committee established the Moratorium Task Force (the "MTF") to evaluate the results of Moratorium Resolution, and to determine their relevance at the present time; and

WHEREAS, The MTF's mandate was to gather information with particular emphasis on residents' input, to then identify and use those findings to form the basis for a report with recommendations to the PSQL Committee and CB5; and

WHEREAS, Over a period of six months, the MTF gathered information by meeting with the State Liquor Authority, block associations, neighborhood groups, police detectives, and building owners, as well as performing direct community outreach and surveying residents on the streets; and

WHEREAS, An email address list of over fifty residents in the neighborhood was created, establishing direct communication with these contacts, and monthly email alerts went out in advance of committee meetings, providing the entire list with the expected agenda for the upcoming committee meeting; and

WHEREAS, During the six months of research by the MTF, all applications for liquor licenses in and around the Moratorium Area (whether original or renewals) were assigned to members of the MTF and used as "case studies" to determine: (a) appropriate criteria for approving or denying applications, (b) current and relevant input from the public, and (c) the success of the Moratorium Resolution over the course of the last several years; and

WHEREAS, The report of the MTF (attached hereto, the "MTF Report") was circulated to the PSQL Committee and adopted unanimously by the Committee after discussion took place at the PSQL Committee meeting on March 2, 2011, with comments and input taken from the public; and

WHEREAS, The MTF Report made various recommendations, including revising the Moratorium Resolution to:

1.      Expand the Moratorium Area to include (a) 19^th Street between Fifth and Sixth Avenues, and (b) 20^th and 21^st Streets between Broadway and Park Avenue South;

2.      Increase the maximum size of a permitted operation in the Moratorium Area from 3,000 square feet to 4,000 square feet;

3.      Restrict the hours of operation and method of operation for new establishments to be appropriate and consistent with the special circumstances present in the Moratorium Area; and

4.      Discontinue use of the term "moratorium" in favor of a term more appropriate and supportable by the SLA; and

WHEREAS, The PSQL Committee unanimously adopted the findings of the MTF Report and accepted the recommendations set forth in the MTF Report; and therefore be it

RESOLVED, That, in furtherance of the foregoing, Community Board Five hereby adopts the Policy on the Restricted Licensing Area attached hereto, which policy shall heretofore supersede and replace the Moratorium Resolution; and be it further

RESOLVED, That Community Board Five urges the New York State Liquor Authority to review the MTF Report and its findings and to support the restrictions contained in the Policy on the Restricted Licensing Area as applied to applications relevant thereto.

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

CB5 Restricted Licensing Area Policy