May 2010

WHEREAS, The applicant, 16^th Street BBQ LLC, d/b/a Brother Jimmy's BBQ, wants to operate an unenclosed sidewalk café with 10 chairs and 5 tables at 116 East 16th Street, bet. Union Sq. East and Irving Place, and

WHEREAS, The applicant already operates on an outdoor space located within the building's lot line, and

WHEREAS, Residents expressed that the operation has been problematic since its inception, generating many noise complaints, and

WHEREAS, The applicant agreed to strict stipulations:

- close no later than 10pm Sun to Wed, and 11pm Thurs to Sat

- keep doors closed at all times after closing

- increase its security personnel to have 3 to 4 guards at all times

- set up a smoking pen to be monitored by a guard at all times

- submit a sound engineer report to address noise concerns brought by residents

- appear before the PSQL committee for an alteration of their liquor license, as per ABC Law

- attend meetings called by CB5 to address concerns with residents

- provide CB5 as well as residents with a manager's cell phone number as well as an email address

WHEREAS, The stipulations and restrictions were agreeable to residents, therefore be it

RESOLVED, That Community Board 5 recommends approval of an application for a revocable consent to operate an unenclosed sidewalk café with 10 chairs and 5 tables at 116 East 16th Street, b/t Union Sq. East and Irving Place.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant,  Madison Entertainment Associate LLC  wants to operate a small unenclosed sidewalk café with 13 chairs and 4 tables on the north side of East 58^th Street between Madison Avenue and Park Avenue; and

WHEREAS, Members of the Committee expressed concerns about the hours of operation and the clearance for pedestrian traffic, and

WHEREAS, The Sidewalk Cafe would be in a predominantly commercial area but also with residential buildings; and

WHEREAS, The Premises are owned and operated by a reputable owner/operator who operates another establishment on the same block without any complaint from neighbors; and

WHEREAS, The applicant agreed to modify the application to:

- close no later than 11 PM from Sunday - Wednesday, and 12 midnight from Thursday - Saturday;

- eliminate a row of seating to provide additional 2' of clearance and reduce the number of seats to 7 and table to 4; therefore be it

RESOLVED, That Community Board 5 recommends approval of an application for a revocable consent to operate a small unenclosed sidewalk café with 7 chairs and 4 tables at on East 58^th Street between Park Avenue and Madison Avenue (Building Address: 625 Madison Avenue).

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Hill Country Chicken NY, LLC, is applying for an unenclosed sidewalk café at 1123 Broadway, and

WHEREAS, The proposed sidewalk café would have 24 tables and 54 seats, leaving 8' 7.25" for pedestrian traffic and,

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

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

RESOLVED, That Community Board Five recommends approval of the application for an unenclosed sidewalk café at 1123 Broadway.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, Church of Scientology has applied for a permit to conduct a block party, on 46^th Street, b/t Broadway and 8^th Avenues, Sunday, June 27, and

WHEREAS, Church of Scientology is headquartered on that block, and

WHEREAS, Church of Scientology has held this event for 7 years, and

WHEREAS, Two theaters, the Lunt-Fontanne and the Richard Rodgers Theaters, are located on this block, as well as the exit doors for the Imperial Theater, and

WHEREAS, Since 2005, opposition against street fairs on West 46^th Street between Broadway and 8^th Avenue on matinee days was voiced by the theaters, and

WHEREAS, On matinee days, the theaters collectively hold more than 5,000 people, including patrons, cast, crew and other support staff, and theaters believe it is unsafe to restrict access to traffic to the block when the theaters are in operation, and

WHEREAS, Community Board Five held a meeting with all parties, (Church of Scientology, Mardi Gras Productions, The Nederlander Organization, The Shubert Organization, The Marriot Marquis, The Times Square Alliance), and

WHEREAS, During this meeting, all parties showed a remarkable sense of cooperation, and found a compromise that was practical and agreeable to all parties: relocating the street fair onto Broadway between 47^th St & 51^th St, and

WHEREAS, This agreed-upon compromise was rejected by SAPO for no clear reason; therefore be it,

RESOLVED, that Community Board Five recommends denial of a Church of Scientology block party on West 46^th Street b/t Broadway and 8^th Avenue, on June 27^th; and be it further

RESOLVED, That Community Board Five recommends approval of a block party on Broadway between 47^th & 51^st Streets on June 27^th , 2010.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS The applicant, Eventi Hotel, wants to hold a flower market ("Event") in conjunction with its ribbon cutting event to celebrate the opening of the Hotel on June 8, 2010 between 8 AM and 2 PM; and

WHEREAS, The Applicant wants to celebrate its opening with its neighbors and recognize the significance of the flower district; and

WHEREAS, The Applicant will provide up to 20 booths (free of charge) along the sidewalk for neighborhood retail florists to sell flowers at the event; and

WHEREAS, The Applicant has made good faith efforts to reach out to the neighborhood florists to participate in the event; and

WHEREAS, The event will have no other vendors; and

WHEREAS, The proposed sidewalk is not normally overcrowded or overly congested; and

WHEREAS, The event will be open to the public; and

WHEREAS, There will be a stage (projecting out 6' onto the sidewalk and leaving a clearance of 9' for pedestrians) and amplified sound but for speeches only (no music); and

WHEREAS, The street on which the event will take place is mainly commercial, with no residential buildings to impact; and

WHEREAS, The Applicant will conduct clean up at its sole cost through the hotel staff and provide security through the hotel's security; and

WHEREAS, The Applicant has agreed to contact the police precinct and submit a security plan for approval or confirmation by NYPD; therefore be it

RESOLVED, That Community Board Five recommends approval of the Flower Market on the western sidewalk of Avenue of the Americas between 29^th Street and 30^th Street on June 8, 2010.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

 WHEREAS, The School Construction Authority (SCA) has announced its intention to develop a new building that would house a middle school with approximately 300 seats and a separate high school with approximately 550 seats on the south side of  East 15^th St. Between 5^th Ave and Union Square West; and

WHEREAS, The building, currently owned by the teamsters union, would be purchased and not leased by the Department of Education for utilization as a new Public School; and

WHEREAS, The School Construction Authority has not finalized any of the design elements but is currently proposing to raze the existing building and construct an 8 story structure to house the two schools with a shared "Gymatorium,"  and separate lunch rooms; and

WHEREAS, The SCA estimates that this process could take anywhere between 3 and 5 years to complete but will do everything possible to complete the work in a timely and efficient manner; and

WHEREAS, CB5 is one of the four highest-growth neighborhoods and one of the four neighborhoods at highest risk for neighborhood-wide school overcrowding in Manhattan; and

WHEREAS, The Clinton School for Writers and Artists is scheduled to be moved out of its current location in a building that it has for several decades shared with P.S. 11; and

WHEREAS, Parents and other interested parties of The Clinton School for Writers and Artists brought the site's potential as a school to the attention of the SCA and have been instrumental in working with SCA in order to facilitate the acquisition and development of the site as a new Public School; therefore be it

RESOLVED, That CB5 supports and looks forward to the development of this new school and urges the Mayor and City Council to approve it when it comes before them for a vote; and be it further

RESOLVED, That CB5 strongly urges the Department of Education (DOE) to locate The Clinton School for Writers and Artists in the middle-school portion of the new Public School building; and be it further

RESOLVED, That CB5 strongly urges the Department of Education's (DOE) to continue its search for, and development of, more much needed new school seats within the CB5 district.

The above resolution passed with a vote of 32 in favor, 0 opposed, 1 abstaining, 1 not entitled to vote.

 WHEREAS, 31 West 21st Street (between 5th & 6th Avenues) is an eleven story, fifty-six foot wide Beaux-Arts store and loft building built in 1907 and located within the Ladies Mile Historic District; and

WHEREAS, The building is constructed of stone, brick and metal and has a three-story stone base that retains much of its original detail, including stone piers and a frieze containing triglyphs, bezants, and Greek key molding; and

WHEREAS, The first story contained three entrances including non-period doors and topped by projecting stone lintels flanked by non-period plate glass display windows crowned by decorative metal panels; and

WHEREAS, The application is for repairs on the first story only, including correction of stucco and limestone cracks, replacement of missing or loose limestone sealer, new gutters, and aluminum fascia and glazing panels; and

WHEREAS, The application includes the replacement of non-period awnings with glass awnings including flat tops and metal decorative elements and the addition of six period light fixtures; and

WHEREAS, Research has not revealed design details pertaining to the original building; therefore be it

RESOLVED, That Community Board 5 recommends approval of the request to undertake the items stated above while urging the owners of 31 West 21st Street to continue reclamation of the building's façade by replacing the modern doors now installed with period-appropriate doors.

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

WHEREAS, The applicant has applied to the Landmarks Preservation Commission for a Certificate of Appropriateness for the installation of (1) banner signage covering the 2^nd and 3^rd floor windows on both the Broadway and West 49^th Street facades, (2) a diagonally placed sign on the corner of Broadway and West 49^th Street, and (3) rooftop signage facing north and south; and

WHEREAS, The application involves the Brill Building at 1619 Broadway, an 11-story brick and terra cotta Art Deco building constructed in 1930-31 by Abraham Lefcourt, which was designated as an individual landmark in March 2010 with the support of Community Board Five; and

WHEREAS, The proposed 2^nd and 3^rd floor banner signage would be affixed within the windows recesses, framed by the limestone piers, would partially obstruct the 2^nd and 3^rd floor windows for the entire length of both the Broadway and West 49^th Street facades, and would be attached by removing a glass panel from each window, resulting in no permanent damage to the façade; and

WHEREAS, The proposed diagonal sign would float away from the 2^nd and 3^rd story façade at the corner of Broadway and 49^th Street and would involve minimal connections to the base building; and

WHEREAS, The proposed north and south facing rooftop signage would replace and extend the length of existing rooftop signage but maintain the height of the existing signs; the orientation of the north facing sign would be shifted so that the new sign would conceal a new cooling tower; existing dunnage would be utilized; and several new non-visible columns would be added behind the brick parapet; and

WHEREAS, There is historic precedent to support all of the proposed signage: historic photos indicate that signage previously existed in all of the proposed locations, and the designation report references (1)  large signs on the Broadway and West 49th Street facades and projecting at an angle over the corner claiming the Paradise nightclub as "America's foremost restaurant" with the "world's most beautiful girls", and (2) that roof-top signs contribute to the Brill Building's character and its historic role in Times Square, specifically mentioning the famous Camel cigarettes (1934) and Budweiser beer (c. 1958) multi-story billboards which enjoyed great visibility; and

WHEREAS, The building is located within the signage-saturated Times Square Bowtie, and the proposed signage is minimal when considered in the context of the surrounding buildings; therefore, be it

RESOLVED, Community Board Five recommends approval of the application for a Certificate of Appropriateness for the installation of (1) banner signage covering the 2nd and 3rd floor windows on both the Broadway and West 49th Street facades, (2) a diagonally placed sign on the corner of Broadway and West 49th Street, and (3) rooftop signage facing north and south.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, In the1990's the late Senator Daniel Patrick Moynihan proposed creating a new Pennsylvania Station in the James A. Farley Post Office Building on 8th Avenue between 31st and 33rd Streets ("Farley") in an effort to improve our city and regional transportation capacity and recreate the proud grandeur of the original Pennsylvania Station that was torn down in 1964; and

WHEREAS, The Empire State Development Corporation ("ESDC") created the Moynihan Station Development Corporation ("MSDC") to plan, design and finance this new station and since 2007 has owned the Farley Complex; and

WHEREAS, Efforts have been made since the 1990's to get this project underway, including a 2006 Environmental Assessment ("EA") by the United States Postal Service and Federal Railroad Administration and a Final Environmental Impact Statement ("FEIS") prepared by the ESDC for a project that would include a train station plus hotel, retail, and commercial development; and

WHEREAS, In 2007 a proposal was made for extensive changes to Farley and the surrounding area, including the relocation of Madison Square Garden to the west end of Farley, substantial retail development within Farley, the construction of two office towers using existing air rights and a new Pennsylvania Station Subdistrict allocating development rights throughout the adjacent area; this proposal was abandoned when the owners of Madison Square Garden elected not to move and private funding for other portions of the proposal was not available; and

WHEREAS, In November 2007 Community Board Five passed a resolution that detailed its concerns and reservations for this previous proposal; and

WHEREAS, Despite the current fiscal and economic climate, new plans are underway to redevelop the Farley Complex into a transportation hub with upgraded train infrastructure, a new train hall, and extensive commercial development that will finance the cost of a new Moynihan Station; and

WHEREAS, These plans have been divided into two phases; Phase I will cost $267 million, fully financed with Federal, State, NY/NJ Port Authority and MTA funding, taking place mostly within the train shed; this Phase I will focus on mobility and infrastructure improvements to help turn the Farley Complex into a functioning train station and will immediately improve the already overcrowded conditions at Pennsylvania Station, providing benefits whether or not Phase II is ever undertaken; this work will include doubling the width and length of the West End Concourse, adding 19 new vertical access points to connect the train platforms to the West End Concourse, the subway and the street, and adding emergency platform ventilation for the train shed area west of 8th Avenue; and

WHEREAS, Phase I work will also convert grade-level windows located at the building's 8th Avenue corners at 31st and 33rd Streets into pedestrian access doors, the only building exterior work to be done in Phase I; in doing this work, the MSDC is working with the New York State Historic Preservation Office ("SHPO") and although it is not mandated to do so, has consulted with New York City's Landmarks Preservation Commission and has made a commitment to strive to have minimal impact on the building's façade; and

WHEREAS, While it is still preliminary, Phase II is anticipated to include a glass-roofed train hall, concourses to facilitate commuter, Amtrak and other visitor traffic, create 100,000 square feet of space for use by Amtrak, 200,000 square feet of public space, protect the façade and monumental steps of the landmarked McKim, Mead & White Farley Building, and make other improvements; and

WHEREAS, The Post Office will retain its retail operations in the historic lobby at the head of the monumental steps on 8th Avenue; and

WHEREAS, Phase I, which includes the commitment of Amtrak to be Moynihan Station's prime tenant, will take five years to complete because most work must be done at night and on weekends so to not disrupt train operations, and

WHEREAS, While Phase II is not yet funded, it is expected that development opportunities at the Farley Building will improve as the region's economy recovers, plus proceeds from the sale of development rights will make it possible to begin Phase II before Phase I is completed; and 

WHEREAS, Community Board Five notes that Phase I does not include the sale of any air rights for new development except that MSDC may do so to meet any financial shortfalls in its funding, and that Phase II will likely include extensive sale of air rights, and requests (a) that any sale of air rights undertaken as part of Phase I include prior notification of Community Board Five, and (b) any sale of air rights undertaken as part of Phase II and any new development associated with it involve the voluntary participation of MSDC and ESDC in New York City's Uniform Land Use Review Procedure ("ULURP") (even though ESDC's and MSDC's government authority does not require them to do so ) to ensure complete community input to this milestone project.  But should they choose not to participate in ULURP, the Board asks that the ESDC and MSDC use other mechanisms to continue to give the community access and input to what will be a multi-year development effort; and

WHEREAS, Community Board Five asks the MSDC make every possible effort to mitigate the impact of Phase I and Phase II's construction on the neighborhood's already intensely stressed vehicular and pedestrian traffic; and

WHEREAS, Community Board Five requests that as Phase I is implemented and Phase II is planned, that efforts be made to have ADA-compliant access at every entrance to Moynihan Station as well as transfer points between the Station and other transit; and

WHEREAS, Community Board Five asks that if any changes are planned for the façade of the Farley Building or should any other landmark issues arise either in Phase I or Phase II that the MSDC return and review these changes with Community Board Five prior to finalizing them; and

WHEREAS, Community Board Five recommends that New Jersey Transit, which at one point was to be the main tenant at Moynihan Station, and whose passengers will receive increased ease of use and numerous other benefits and amenities, and moreover will be adding significant pedestrian and transit traffic to the Station and the area overall after the completion of its ARC (Access to the Region's Core) Project, be required to contribute funds to this regional transit project as a condition for having access, and in an amount that is commensurate with its likely benefits; and

WHEREAS, Community Board Five supports the current proposal for Moynihan Station as a way to achieve what Senator Patrick Moynihan envisioned -- a world class train station and transportation center for the 21st Century that also preserves New York's past through astute and protected use of a treasured landmarked and iconic building; therefore be it

RESOLVED, Community Board Five supports the Amended General Project Plan for Phase I of Moynihan Station Civic and Land Use Improvement Project.

The above resolution passed by a vote of 33 in favor, 0 opposed, 1 abstaining, 1 not entitled to vote.

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

WHEREAS, Brand Marketers has submitted an application for a special event to be conducted in Father Duffy Square on Friday June 18, 2010 and Saturday June 19, 2010, requiring activity in the park for a duration of approximately 48 hours; and

WHEREAS, The proposed event is known as Connecting Haiti to Time Square would provide participants with the opportunity to contact their friends and relatives in Haiti, and would also demonstrate and promote Kylee & FDI Hands Free text messaging technology; and

WHEREAS, Charges for the calls would be donated to a charity benefiting Haitian relief efforts; and

WHEREAS, In theory, the proposed event would bring awareness to the fact that texting while driving is not just unsafe, it can be fatal, and that there are more texting while driving related casualties than there are DWI-related casualties; and

WHEREAS, Community Board Five believes that the proposed event would require an excessive duration of time, and would be conducted with a strong intention to market Kylee & FDI Hands Free branded products, providing minor public benefit, therefore, be it

RESOLVED, That Community Board Five recommends denial of Brand Marketers application to conduct their Connecting Haiti to Times Square event in Father Duffy Square on Friday June 18, 2010 and Saturday June 19, 2010.

The above resolution passed by a vote of 34 in favor; 1 opposed; 1 abstaining.

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

WHEREAS, Civic Entertainment Group  has submitted an application for a special event promoting Volkswagen's new compact car to be conducted in Father Duffy Square on Tuesday, June 15, 2010, between the hours of 7:00 AM and 8:00 PM, requiring set-up to begin at 12:00 AM and dismantling and clean-up to be completed by 6:00 AM the following morning; and

WHEREAS, Set-up would include turning portions of Father Duffy Square and the adjoining pedestrian plaza into a sandy beach scene and displaying several vehicles; and

WHEREAS, The event would also include a celebrity chef cooking demonstration to attract media attention and a musical performance; and

WHEREAS, Volkswagen signage would be prominently displayed throughout the area; and

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

RESOLVED, That Community Board Five recommends denial of the application by Civic Entertainment Group to conduct a special event to promote Volkswagen's new compact car in Father Duffy Square on Tuesday, June 15, 2010.

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

WHEREAS, Deitch Projects, in conjunction with the Union Square Partnership, proposes to install a collection of eleven sculptures by the renowned Miranda July in Union Square Park Memorial Day through the end of September 2010; and

WHEREAS, The proposed exhibition, known as Eleven Heavy Things, is composed of sculptures crafted from cast fiberglass lined with steel designed for human interaction; and

WHEREAS, The exhibit includes pedestals to stand on, tablets with holes for body parts, and free standing abstract headdresses; and

WHEREAS, The City of New York Parks & Recreation Department will require that the gallery pay for installation and removal costs, including any needed repair of the park's grounds; and

WHEREAS, Quality public sculpture is a welcome addition to the City's cultural landscape; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application for the exhibit of Miranda July's Eleven Heavy Things in Union Square Park.

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

WHEREAS, Erno Laszlo  has submitted an application for a special event to celebrate Marilyn Monroe's 83^rd birthday to be conducted in Madison Square Park  on Friday June 4, 2010, between the hours of 5:00 PM and 7:00 PM, requiring set-up to begin at 4:00 PM and dismantling and clean-up to be completed by 8:00 PM; and

WHEREAS, The late, beloved Marilyn Monroe was a client of Dr. Laszlo's; and

WHEREAS, The applicant wishes to use small area to the west of the north fountain, in which a small stage would be set-up, with a red backdrop and banner reading "Happy Birthday Marilyn"; and

WHEREAS, There will be a large non-edible cake from which a Marilyn Monroe impersonator will dramatically appear; and

WHEREAS, The applicant will apply for a permit for amplified sound to be used by the several Marilyn Monroe impersonators and by the MC; and

WHEREAS, There will be free T-shirts and Erno Laszlo red lipsticks given to the public; and

WHEREAS, The proposed special event is brief in duration, requires a small amount of park space, does not require the display of branded banners or logos, and seems very entertaining; therefore, be it

RESOLVED that Community Board Five recommends approval of Erno Laszlo's application to conduct Marilyn Monroe's 83^rd Birthday event in Madison Square Park on Friday June 4, 2010

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

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

WHEREAS, Madison Square Park Conservancy has submitted an application seeking permission to conduct a special screening of the Mets/Yankees Subway Series games on a screen near the reflecting pool in Madison Square Park where the evening game on Friday, June 18^th starts at 7pm and the afternoon games on Saturday, June 19^th and Sunday, June 20^th start at 1pm; and

WHEREAS, This proposed event would be similar to the special event for the U.S. Open in late August where activities are free and open to the public; and

WHEREAS, This proposed event would be sponsored by Delta who would pay a $120,000 contribution to the Madison Square Park Conservancy; and

WHEREAS, This proposed event would feature a screen to show the games, a set of bleachers near the screen, and local food vendors on the north end of Madison Square Park; and

WHEREAS, The south end of the park would be utilized for children's activities such as batting cages, pitch throwing, and baseball clinics, which will all be shut down when the games start; and

WHEREAS, The proposed event would include a Delta Sky Lounge on the south end of the park, which will be free and open to the public, and have minimal and unobtrusive signage; and

WHEREAS, With very little promotional intent, the proposed event would provide New York baseball fans - who may not afford to be spectators at  CitiField or Yankee Stadium - with the opportunity to watch our hometown teams playing against one another, in an outdoor setting on a late Spring afternoon or night; therefore, be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy's application to conduct their special event for the Mets/Yankees Subway series games on Friday, June 18^th 2010, Saturday, June 19^th 2010, and Sunday June 20^th 2010.

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

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

WHEREAS, Reboot, a non-profit, is partnering with Union Square Partnership, the American Institute of Architect, Dwell Magazine, and Make Magazine on a four phase campaign as follows:

-       Sponsor a national design competition to re-imagine the Sukkah

-       Assemble a distinguished jury to select finalists

-       Display the winning structures (10-12) in Union Square Park, September 26 and 27, 2010

-       Document the entire project in a book to be published by Princeton Architectural Press; and

WHEREAS, A Sukkah (often translated as "booth") is a temporary hut constructed for use during the week-long Jewish festival of Sukkot.  It is topped with branches and often decorated with autumnal, harvest and Judaic themes; and

WHEREAS, The Sukkah that are placed in New York City parks are often unattractive; and

WHEREAS, New York is a recognized center of design and culture and its metropolitan area is home to the largest number of Jews outside Israel; and

WHEREAS, Reboot will continue to work closely with the Union Square Partnership to minimize signage, maintain adequate pedestrian circulation, minimize the duration and impact of the event, therefore, be it

RESOLVED, That Community Board Five recommends approval of Reboot's application to conduct "Sukkah City: New York City 2010" in Union Square Park on Sunday and Monday September 26 and 27, 2010.

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

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

WHEREAS, TrashTalk FCM has submitted an application on behalf of their client Huggies for a "family event" promoting their Jeans Diapers, which would take place on Thursday, May 20^, 2010; and

WHEREAS, This proposed event would be conducted in the North Plaza of Union Square Park on a day when the Union Square Greenmarket is not present; and

WHEREAS, The proposed event will be from 9:00 am to 2:00 pm; and

WHEREAS, The event would include areas for a red carpet for babies and their handlers modeling the Huggies jeans diaper that would be the focus of the event; and

WHEREAS, The event would also include a DJ and green screen section for photos and videos and signage for Huggies and includes pamphlets and flyers to be handed out; and

WHEREAS, There would be a donation to a women's homeless shelter of an amount and a location not yet identified; and

WHEREAS, The proposed event is purely commercial in nature and would be focused fully on the sales and promotion of a product; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application for the Huggies event in Union Square Park on Thursday, May 20th.

The above resolution passed by a vote of 34 in favor; 1 opposed; 1 abstaining.

WHEREAS, Jezalin's at the Limelight, LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new license to sell beer for retail off-premises consumption within the premises leased to Applicant on the ground floor of the Limelight Marketplace located at 47 West 20^th Street (the "Premises"); and

WHEREAS, The Premises consists of 1,400 square feet of space on the ground floor; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and that the Premises itself is an individual landmark and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, Although the Premises is in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20^th Street or 21^st Street or 6^th Avenue between 20^th Street and 21^st Street, the Premises falls within an exception to the moratorium prohibition since it contains less than 3,000 square feet and satisfies other requirements for the exception; and

WHEREAS, The Premises is in a completely enclosed portion of the Limelight Marketplace and will be operated as a gourmet food market; and

WHEREAS, Sale of alcohol will be limited to gourmet beer only for consumption off-premises; and

WHEREAS, The hours of operation will be from 10am-10pm; and

WHEREAS, There was no community objection to this application; therefore be it

RESOLVED, That Community Board Five recommends approval of a new license to Jezalin's at the Limelight, LLC to sell beer on the ground floor of the Limelight Marketplace located at 47 West 20^th Street for off-premises consumption.

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

WHEREAS, Cana Wine Bar LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new wine and beer license within the premises leased to Applicant on the 2^nd and 3^rd floors of the Limelight Marketplace located at 49 West 20^th Street (the "Premises"); and

WHEREAS, The Premises consists of 400 square feet of space on the second floor and 400 square feet of space on the third floor; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and that the Premises itself is an individual landmark and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, Although the Premises are in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20^th Street or 21^st Street or 6^th Avenue between 20^th Street and 21^st Street, the Premises falls within an exception to the moratorium prohibition since it contains less than 3,000 square feet and satisfies other requirements for the exception; and

WHEREAS, The Premises is in a completely enclosed portion of the Limelight Marketplace and will serve wine and beer only; and

WHEREAS, The sale of alcohol will be limited to confined and supervised locations within the Premises; and

WHEREAS, The hours of operation will be from 10am-10pm; and

WHEREAS, There was no community objection to this application; therefore be it

RESOLVED, That Community Board Five recommends approval of a new wine and beer license for the premises leased to Cana Wine Bar LLC on the 2^nd and 3^rd floors of the Limelight Marketplace located at 49 West 20^th Street.

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

WHEREAS, Double Dime Seven LLC ("Applicant") has notified Community Board Five of its intention to file an application for a new on premises liquor license for a new restaurant to be named "Palatte" located at 66 Madison Avenue, New York City (the "Premises"); and

WHEREAS, The Premises consists of 1800 square feet of space on the ground floor; and

WHEREAS, The Premises will be operated exclusively as a restaurant with a bar, with a total of 20 tables and 57 seats (including banquette seating) and 10 bar stools; and

WHEREAS, Estimated patron usage is approximately 67 with an estimated total capacity of 74, including kitchen personnel and staff; and

WHEREAS, The Premises will include 1bar providing service for the entire restaurant; and

WHEREAS, Applicant has met with residents of the residential co-op in which the Premises is contained and the residents have expressed support for the Applicant provided that Applicant agree to the conditions and stipulations set forth herein; and

WHEREAS, Applicant has agreed to:

a.       operate the Premises as a restaurant with seated bar and dining service only. Private parties shall be deemed included in restaurant use but promoter-driven events are specifically excluded from restaurant use;

b.       monitor the use of the sidewalk space utilized by smokers during hours of operation and to discourage customers from loitering outside the Premises at any time;

c.       at any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and (ii) all material positions of operation shall be the employees of the Applicant at all times;

d.       prohibit dancing at the Premises at all times;

e.       cause a disturbance or annoyance to its neighbors;

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

g.       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 if requested by the board of 66 Madison Avenue; 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 Steven Putzeys 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 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 Fiverecommends denial of the new on premises liquor license for a new restaurant to be named "Palatte" located at 66 Madison Avenue, New York City 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 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, GQ Nightlife LLC d/b/a "Promenade" ("Applicant"), has notified Community Board Five of its intention to file an application with the Department of Consumer Affairs for a new cabaret license for the , located at 215 West 28^th  Street; 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 May 5, 2010 meeting of the Public Safety and Quality of Life Committee as requested but instead sent Ms. Nichole Macdonald, a new 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, Ms. Macdonald stated that she had been hired 6 months ago and given a set of responsibilities that included making improvements to the method of operation of the venue, for which she has no experience or qualifications to perform; and

WHEREAS, Ms. Macdonald stated that recently the venue had received a violation for operating as an illegal cabaret and that, despite the violation and illegality of the method of operation, the Premises continues to operate as a cabaret; and

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

WHEREAS, Neighboring businesses and residents 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:

Sunday Night    3/29-30/09                     Multiple Stabbing Inside Club

Sunday Night    1/24-25/10                    Shots Fired Outside Club

Friday Night      3/26-27/10                    Fighting Outside Club; 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, public urination, noise, littering and disregard for others on the block; therefore be it

RESOLVED, That Community Board RECOMMENDS DENIAL of the issuance of a new cabaret license for GQ Nightlife LLC d/b/a "Promenade" located at 215 West 28^th Street.

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

WHEREAS, Sixth Avenue Grimaldi, Inc. ("Applicant") has notified Community Board Five of its intention to file an application for a new wine and beer license within the premises leased to Applicant on the ground floor of the Limelight Marketplace located at 656 Sixth Avenue (the "Premises"); and

WHEREAS, The Premises consists of 1,200 square feet of space on the ground floor; and

WHEREAS, Applicant is aware that this location falls within the Ladies Mile Historic District and that the Premises itself is an individual landmark and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; and

WHEREAS, Although the Premises are in CB5's moratorium area, and there are residents who continue to object to any new liquor licenses on 20^th Street or 21^st Street or 6^th Avenue between 20^th Street and 21^st Street, the Premises falls within an exception to the moratorium prohibition since it contains less than 3,000 square feet and satisfies other requirements for the exception; and

WHEREAS, The Premises will be operated as a sit down pizza establishment similar in operation to Applicant's other locations of the same name, and

WHEREAS, The Premises will have an occupancy of seventy four (74) persons, will have twenty five (25) tables and sixty-five (65) chairs and no patron bars; and

WHEREAS, There will be a brick pizza oven and the Applicant will serve full pie pizzas, antipasto, calzones and desserts; and

WHEREAS, The Applicant has agreed that it shall:

1. strictly comply with and adhere to the plans for the operation of the business, as set forth herein;
2. have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises;
3. provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, Applicant will maintain the outdoor area to the south of its Premises as a queuing area for patrons waiting to be seated and will ensure that its customers queue in an orderly manner, single file and keep noise to a minimum;
4. closely monitor exterior queuing allowed only for purposes of maintaining legal capacity and provided that Applicant has an employee responsible for maintaining the orderliness of patrons in line.  Any queuing shall be along the Sixth Avenue side of the Limelight only and shall not extend past the corner of Sixth Avenue and 20th Street;
5. maintain adequate security on the premises at all times necessary to (i) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (ii) discourage patrons from congregating outside the Premises;
6. not use any outside promoters at any time;
7. arrange for private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;
8. meet with neighbors and CB5 on a regular basis 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, Applicant has agreed that it shall cease serving beer and wine at11:00 P.M. every night and close the premises by 2 A.M. every night. After six months, Applicant may seek CB5's consent to an extension of those hours and Applicant shall only extend the hours as and if CB5 so consents; and

WHEREAS, Applicant and its principal, Frank Ciolli, shall return to CB5 in six (6) months after opening to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

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

WHEREAS, Should Frank Ciolli 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 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 Fiverecommends denial of the beer and wine license for Sixth Avenue Grimaldi Inc. for 656 Sixth Avenue 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 35 in favor; 0 opposed; 1 abstaining.