May 2011

WHEREAS, The Mu Omega Psi Organization seeks a permit to hold a block party at 12 East 41^st Street, between 5^th and Madison Avenues on Wednesday, July 13^th ; and

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

WHEREAS, The application is for a new event with an inexperienced applicant; and

WHEREAS, Members of Community Board Five made several attempts to reach out to the applicant; and

WHEREAS, The applicant failed to provide a working phone or fax number; and

WHEREAS, The proposed location of this event is on the same block as a newly approved pop-up café; and

WHEREAS, Several members of CB5 expressed concerns about further burdening this block to midweek street closures; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of this application for a block party at 12 East 41^st Street, between 5^th and Madison Avenues.

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

WHEREAS, The Uzbek Association of Commons seeks a permit to hold a block party on Broadway, between 34^th and 35^th streets on Sunday September 10^th; and

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

WHEREAS, The application is for a new event with an inexperienced applicant; and

WHEREAS, The proposed location is on the newly designed public pedestrian plaza in front of Macy's; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of this application for a block party on Broadway Between 34^th and 35^th Streets.

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

WHEREAS, The applicant, Tappo, Inc. d/b/a Tappo, is applying for a revocable consent for an unenclosed sidewalk café at 49 West 24^th Street between 5^th & 6 Avenues, and

WHEREAS, The proposed sidewalk café would have 5 tables and 10 seats, leaving 8' 1'' feet for pedestrian traffic and,

WHEREAS, The closing hours (tables and chairs folded, locked and/or put away) will be as follows:

- Sun-Wed: 10pm

- Thurs-Sat: 11pm

WHEREAS, The applicant will have no amplified sound at the cafe, and

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

RESOLVED, That Community Board Five recommends approval of the application for a revocable consent for an unenclosed sidewalk café at 49 West 24^th Street, between 5^th & 6^th Avenues.

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

WHEREAS, The applicant (Mendez Boxing, NY) has submitted an application to legalize the operation of a physical culture establishment at 60 Madison Avenue in the cellar space; and

WHEREAS, The applicant is an experienced operator with two other Mendez Boxing locations in the neighborhood; and

WHEREAS, Members of CB5 have observed those locations to be run professionally and without incident; and

WHEREAS, The applicant intends to close the other two locations and combine the businesses into one space; and

WHEREAS, This legalization is necessary in order to acquire the proper permits to operate this new location; and

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

RESOLVED, That Community Board Five recommends APPROVAL of the application for the legalization of a physical culture establishment at 60 Madison Avenue for the applicant, Mendez Boxing NY.

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

WHEREAS, The applicant, S.R.G. Restaurant Group, LLC d/b/a Whiskey Park, is applying for a revocable consent for an unenclosed sidewalk café at 100 Central Park South, at the corner of Avenue of the Americas, and

WHEREAS, The proposed sidewalk café would be located on Avenue of the Americas, and would have 5 tables and 20 seats, leaving 9' 11'' feet for pedestrian traffic and,

WHEREAS, The closing hours (tables and chairs folded, locked and/or put away) will be as follows:

- Sun-Wed: 10pm

- Thurs-Sat: 11pm

WHEREAS, The applicant will have no amplified sound at the cafe, and

WHEREAS, The applicant will make every effort to reach out to city agencies to police pedicabs congregating in front of the establishment as to keep clear sidewalk for pedestrian traffic, and

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

WHEREAS, The applicant, Scoditti Consulting Group, is applying for a revocable consent to install an unenclosed sidewalk café at 920 Broadway (Restaurant Brio), at the corner of 21^st Street; and

WHEREAS, The proposed sidewalk café would have 17 tables and 44 seats, and would leave only 8'9'' feet on 21^st Street and 8'9'' on Broadway for pedestrian traffic; and

WHEREAS, Community Board 5 feels the proposed sidewalk café is too large and would like to reduce its width to leave 9'6 ½'' clearance on 21^st Street and 10'9'' feet clearance on Broadway, with 17 tables and 34 seats; and

WHEREAS, The applicant agreed to the Committee's requirements; and

WHEREAS, The closing hours (tables and chairs folded, locked and/or put away) will be as follows:

- Sun-Wed: 10pm

- Thurs-Sat: 11pm

and

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

RESOLVED, That Community Board 5 recommends approval with the following conditions of the revocable consent for an unenclosed sidewalk café at 920 Broadway:

• The sidewalk café will leave 9'6 1/2'' clearance on 21^st street and 10'9'' feet clearance on Broadway
• and will have 17 tables and 34 seats as per revised plans submitted.

WHEREAS, All middle-class New Yorkers and especially rent-regulated tenants have been hard hit by the 2008 recession and its continuing aftermath; and

WHEREAS, New York City continues to lose affordable rent regulated units; and

WHEREAS, Provisions of the rent regulation laws have eroded tenant rights and protections over the past two decades; and

WHEREAS, Community Board Five supports the right of hard working middle-class New Yorkers to live and raise a family in their home communities; and

WHEREAS, New York City resident on fixed incomes should be able to continue to live in their home communities; and

WHEREAS, New Yorkers should never have to suffer housing discrimination, harassment, or unsafe living conditions; and

WHEREAS, A recent analysis on rent regulation published by the Citizens Budget Commission concluded that 49.2 percent of Manhattan residents living in rent-regulated units would experience rent increases of fifty percent or more if rent regulation laws are allowed to sunset later this year; and

WHEREAS, The expiration of the New York State Rent Regulation Laws on June 15, 2011 without extension would be a disaster for millions of New York City residents; therefore be it

RESOLVED, That Community Board Five strongly supports the renewal and strengthening of New York State Rent Laws in anticipation of their sunset on June 15, 2011. 

The above resolution passed with a vote of 29 in favor, 0 opposed, 7 abstaining.

WHEREAS, 51 West 52^nd Street, the CBS Building, also known as "Black Rock," constructed between 1961 and 1964, has been an individual NYC Landmark since 1997; and

WHEREAS, The building was the only NYC skyscraper designed by the renowned Finnish architect, Eero Saarinen, who was commissioned by the then CBS Chairman, William S. Paley, with additional design work done by the eminent architects, Kevin Roche and John Dinkeloo, after Saarinen's death; and

WHEREAS, Paley was determined to build a new company headquarters that could compete in architectural prestige with NBC's headquarters at Rockefeller Center and it would have to be of the highest aesthetic quality; and

WHEREAS, The CBS Building became New York's first postwar reinforced concrete skyscraper and one of the first to use an exterior bearing wall at a time when the glass curtain wall of the International Style was in vogue; and

WHEREAS, The CBS headquarters is a freestanding 38-story, 800,000 sq. ft. tower sheathed in flame-textured Canadian black granite and glass and stands in a sunken plaza that occupies the entire western end of the block bounded by Fifth and Sixth Avenues and West 52nd and 53rd Streets; and

WHEREAS, The plaza is paved in a gray granite slightly lighter in color than the granite used in the building's piers and is sunken below street level by approximately two feet forming a retaining wall with parapets and vertical slits on the inside faces; and

WHEREAS, The western portion of the ground floor was originally leased to a branch of the Bank of New York and afterwards as offices for Cushman Wakefield Real Estate Management and the eastern portion of the lobby housed the Ground Floor Restaurant, which was meant to rival Seagram Building's The Four Seasons, but today houses The China Grill; and

WHEREAS, The new tenant for the westerly ground level retail space, Charles Schwab, has applied for a Certificate of Appropriateness for the installation of two vertical granite vertical "totems" to be placed in front of the building and a long, horizontal granite free-standing planter, all containing the Charles Schwab trademarked signage, to be located in the 6^th Avenue Plaza; and

WHEREAS, These three new plaza elements, clad with the same variety of granite matching the building exterior, were designed by Skidmore, Owings and Merrill and are intended to be harmonious with the character and materials of the Landmark and can be removed in the future, if necessary; and

WHEREAS, The two rectangular "totems" will be 12 1/2 ft. high, 2 ft. deep and wide, and will have the Charles Schwab name in letters pin-mounted vertically 7ft. 3 in., on all four sides; the planter will be 15 ft. long, 2 ft. 6 in. high and 2 ft. 10 in. deep, with triangulated-shaped ends; all three will be illuminated by in-ground light fixtures; in addition, there will be 3 ft. by 2 ft. computerized vinyl signs set on the outside windows of the Schwab premises plus signage above both entrance doors, all with the Charles Schwab trademarked name; and

WHEREAS, The proposed signage above the horizontal granite planter appears to be too overwhelming and out of scale with all the other plaza and building signage; and

Totem (two signs)

• granite totem: 12' 6" tall and 2' x 2' around
• bronze signage: 7" tall, 3/4" thick; total length of signage ("Charles Schwab") 7' 3"

Planter (one sign)

• granite base: 17' 6" long, 2' 6" tall, 2' 10" deep
• bronze signage: 15" tall, 4" thick; total length of signage ("Charles Schwab") 15'; therefore be it

RESOLVED, Community Board Five denies the CBS Building, 51 West 52^nd Street, C of A application for the installation of two vertical "totems" a free-standing horizontal planter with signage elements in the 6^th Avenue Plaza unless the following conditions are met:

1.      The proposed signage above the horizontal planter should be eliminated and replaced by smaller signage on the face of the planter

2.      These three new plaza elements are approved for duration of the Charles Schwab lease of 15 years plus a five year renewal period if the lease is extended.

The above resolution passed by a vote of 29 in favor; 6 opposed; 1 abstaining; 1 present not entitled to vote.

WHEREAS, 52 West 21st Street is a five-story commercial/loft retail and residential building located in the Ladies Mile Historic District; and

WHEREAS, The previous owner appeared before CB5 and was denied approval by CB5 on December 13, 2007 for repairs, renovation and restoration of the facade for reasons detailed in the CB5 Resolution set forth below; and

WHEREAS, Exterior renovations were done without conforming to the requirements of the NYC Landmarks Preservation Commission and the current owner is now seeking to "legalize" these facade modifications; and

WHEREAS, The scope of work that was performed improved the appearance of the building which had been in a severely deteriorated condition, but did not meet the required architectural drawings, plans, details and specifications presented to LPC, since they failed to include:

                                    1. Decorative spandrels between the floors

                                    2. Window sash, frames and mullions as depicted 

                                    3. Sign band above the ground floor storefront

                                    4. Panel bulkheads at ground floor

                                    5. Deep cornices

                                    6. Use of appropriate Historic materials and colors throughout the facade; and

WHEREAS, The current appearance of the building is out of character with the Historic District, especially with the two immediately adjacent buildings; therefore, be it

RESOLVED, Community Board Five recommends denial of the application to legalize facade renovations at 52 West 21st Street.

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

WHEREAS, 200 Fifth Avenue, originally called the Fifth Avenue Building, later known as the International Toy Center, is in the Ladies' Mile Historic District and is a neo-Renaissance style store and loft building built in 1908 - 1909, designed by Maynicke & Franke; and

WHEREAS, In 1909, the owners installed  an ornamental street clock in front of the building replacing a prior clock which was removed when the previous building housing the Fifth Avenue Hotel was demolished in 1908; and

WHEREAS, Desiring their clock to be in keeping with the high tone of their new office building, the owners commissioned the esteemed Brooklyn firm of Hecla Iron Works to produce their clock case; and

WHEREAS, Hecla had produced 133 cast iron NYC Subway kiosks as well as important cast iron building facades like the B. Altman & Co. Department Store and the New York Life Insurance Building; and

WHEREAS, This is one of the most ornate street clocks in the city, sitting on a rectangular base with classical ornamentation, a fluted Ionic column rising to a capital inspired by the work of 16th Century Venetian architect Vioncenzo Scamozzi, with two large dials on its face which advertised the "Fifth Avenue Building," surrounded by oak leaf wreaths and, to make the cast iron clock even more a work of art, it was then gilded; and

WHEREAS, As the result of a vehicular accident, the base of the street clock has been severely damaged and the clock has not been kept in good working condition for a number of years; and

WHEREAS, According to a September 6, 2007 CB5 Resolution approving a Master Plan for the building, as consideration for major building modifications and renovations, the owners of 200 Fifth Avenue "agreed to preserve and keep in good working order the landmarked sidewalk clock," which they have failed to do; and

WHEREAS, Tiffany & Co. has signed a lease with the owner, L & L Holding Co. for 260,000 sq. ft. of the 800,000 sq. ft. building and has applied for a C of A to refurbish the street clock, reportedly including replacing the existing "Fifth Avenue Building" lettering with the Tiffany name on the clock face; and

WHEREAS, The Applicant failed to appear at the scheduled CB5 Landmarks Committee meeting on May 3, 2011 to describe its proposal; therefore, be it

RESOLVED, Community Board Five denies the application by Tiffany & Co. to refurbish the existing street clock in front of 200 Fifth Avenue; and be it further, 

RESOLVED, Community Board Five requests the building owner to fulfill its obligation to preserve and restore the street clock with its original decorative features as set forth in the September 6, 2007 Community Board Five resolution without making any changes in the wording on the clock face; and be it further 

RESOLVED, CB5 would not object if a small metal plaque were set into the sidewalk pavement near the clock attributing the clock restoration to Tiffany & Co., if Tiffany & Co. assumes the responsibility for the restoration and underwrites the cost.

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

WHEREAS, The Applicant, 42 West 18th Street Realty Corp., has requested the renewal of a Special Permit pursuant to Section 74-711 of the Zoning Resolution to facilitate the construction of a mixed-used development project on a zoning lot located at 38-42 West 18th Street; and

WHEREAS, This project proposes to integrate three individual tax lots by combining two existing structures with a new 16-story building on West 17^th Street and a 13-story building on West 18^th Street to be built on what is currently a public parking lot to create one development with 133,603 square feet of interior space with floors 1 through 3 for commercial use, and 90 residential units on floors 4 and above; and

WHEREAS, The two existing buildings currently contain Adorama, a retailer of photographic equipment and supplies, which will maintain a retail presence on the first floor of the new building; and

WHEREAS, The Special Permit allows residential use, height and setback relief, and rear yard modifications, although since the original Special Permit was issued, the zoning for this area has changed from manufacturing to C6-4M in which such residential uses are allowed as-of-right; and

WHEREAS, Mixed-use developments are favorable to creating safe and dynamic neighborhood conditions; and

WHEREAS, As a condition of the Special Permit, a comprehensive restoration and maintenance plan was developed for the building, is described in detail in the Restrictive Declaration, was approved by the Landmarks Preservation Commission, and would be unaffected by the renewal sought in this application; and

WHEREAS, Construction on this project has not commenced during the past two and a half years due to adverse economic conditions and since the previous renewal expires this year, a further extension of the Special Permit is being requested; and

WHEREAS, Community Board Five unanimously approved the previous renewal of this Special Permit by this applicant in 2008 and there have been no significant changes nearby that would affect our previous action; therefore be it

RESOLVED, That Community Board Five recommends approval of the application of 42 West 18th Street Realty for a renewal of a special permit granted pursuant to Zoning Resolution Section 74-711 to facilitate the construction of a mixed-use development at 38-42 West 18th Street.

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

WHEREAS, The Plaza encompasses a residential unit, a hotel unit with both transient and condo hotel units, a club on the third floor with a physical culture establishment targeted to residents and hotel guests, and an accessory unit that owns most of the landmarked interiors as well as the retail and restaurant components in the building's cellar and sub-cellar; and

WHEREAS, Since 2006 The Plaza has undergone a substantial restoration of its exterior façade as well as a substantial reconstruction of its interiors; and

WHEREAS, When The Plaza Condominium was created in 2006, because the building is located in two zoning districts, R10-H and C5-2.5, it obtained a Special Permit for the portions of the building located within the R10-H district to allow retail, restaurant, banquet, and health club uses; and

WHEREAS, The Plaza was designated a New York City Landmark in 1969 and in 2005, the New York City Landmarks Preservation Commission designated certain interior rooms as new York City Interior Landmarks, but this modification will have no impact on any of the landmarked areas of The Plaza; and

WHEREAS, In 2007 an initial modification of the Special Permit was granted by the City Planning Commission that authorized the use of a portion of the Building's sub-cellar for a physical culture establishment; and

WHEREAS, The Plaza has applied to again modify the Special Permit to re-allocate, re-configure, and reduce by 2,692 square feet the previously approved commercial use on the sub-cellar level and also to permit use on the cellar level that had been designated for retail use but is currently unoccupied, with the two levels to be connected by an interior staircase, to accommodate a new physical culture establishment tenant; and

WHEREAS, The new tenant would be La Palestra, an exclusive fitness and training facility that would primarily serve members of the public with services that combine medical consultations with physical therapy and fitness programs; and

WHEREAS, The proposed modification will not affect any portions of the Building other than the below grade levels, does not result in any additions of floor area to the building, and will not affect building entrances; therefore be it

RESOLVED, That Community Board Five recommends approval of the application of Plaza Accessory Owner LP for a second modification of its Special Permit granted pursuant to Section 74-711 to reduce the portion of the Condominium sub-cellar authorized to be used as a physical culture establishment, placing it instead as an accessory hotel space, and to permit the creation of a physical culture establishment on the cellar floor.

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

WHEREAS, The City of New York Department of Parks and Recreation proposes to temporarily exhibit Bryan Hunt's Waterfall, a collection of ten large scale bronze sculptures in the malls on Park Avenue between East 52^nd Street and East 57^th Street, from September through November 2011; and

WHEREAS, Each of Hunt's Waterfall works had been cast between the years of 1978 and 2006, and the proposed exhibit would bring the outdoor sculpture series for which he is best known into a public setting for the first time; and

WHEREAS, Bases on which the bronze sculptures would be temporarily installed would be constructed of 8" X 8" pressure treated wood beams connected by ½" threaded rods, reinforced from underneath with ¼" thick steel plates where needed; and

WHEREAS, The installation and removal of the sculpture will abide by Department of Transportation regulations; 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 City of New York Department of Parks and Recreation's proposed temporary exhibit of Bryan Hunt's Waterfall sculpture collection in the malls on Park Avenue between East 52nd Street and East 57th Street from September through November 2011.

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

WHEREAS, Ali Riojas had submitted an application to teach free funk dance lessons in Union Square Park on Saturday July 22, 2011, between the hours of 6:00 PM and 8:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five's Parks Committee meeting on Monday, May 2, 2011 to present their proposal for review; and

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

RESOLVED, That Community Board Five recommends denial of the application by Ali Riojas to conduct "funkin in the park" in Union Square Park on Saturday July 22, 2011, between the hours of 6:00 PM and 8:00 PM.

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

WHEREAS, Applicant Joung Hoon Lee, on behalf of Pocha, 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 second floor of 15 West 32nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of approximately 1,700 square feet of indoor space on the 2nd floor of the Premises; and

WHEREAS, The Premises will be operated as a restaurant, with a total of 13 tables and 52 seats for eating Korean cuisine and serving beer and wine; and

WHEREAS, Estimated total capacity is under 74 on the second floor, including personnel and staff; and

WHEREAS, The Premises will include no patron bars; and

WHEREAS, Applicant shall:

a.       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 2nd floor because this building does not have a Certificate of Occupancy since it was built prior to 1938,;

b.      operate the Premises as a restaurant with food service, with no promoters;

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

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

e.       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 Joung Hoon 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 for renewal of an on premises wine and beer license within the premises to be leased to Applicant on the second floor of 15 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 35 in favor; 0 opposed; 2 abstaining.

WHEREAS, Applicant Ok Gil Cho, on behalf of K Town 32 Corp. ("Applicant"), has notified Community Board Five of its intention to file an application for a new liquor license within the premises to be leased to Applicant in the cellar of 34-36 West 32nd Street, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of approximately 2,400 square feet of indoor space in the Cellar of the Premises; and

WHEREAS, The Premises will be operated as a restaurant, with a total of 11 tables and 50 seats; 1 patron bar with 2 bar stools, for eating Korean cuisine and serving beer and wine; and

WHEREAS, Total capacity is 66, including personnel and staff; and

WHEREAS, Applicant has been the manager of Kunjip, a restaurant in Koreatown for the past six and a half years;

WHEREAS, Applicant has hired an architect, Prestige Consultants, to work with Applicant to insure it is in compliance with applicable code, and

WHEREAS, Applicant shall:

1.      provide a "Letter of No Objection" from the New York City Department of Buildings - an application for which was filed on April 4, 2011 - stating that the DOB does not object to the use of the Premises for this operation specifically for the Cellar floor;

2.      operate the Premises as a restaurant with food service, with no promoters;

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

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

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

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

RESOLVED, That Community Board Five recommends denial of the application for a new on premises liquor license within the premises to be leased to Applicant in the Cellar of 34-36 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 35 in favor; 0 opposed; 2 abstaining.

WHEREAS, 48 West 21^st Street Corporation ("Applicant"), has notified Community Board Five of its intention to renew the on premises liquor license for the floor restaurant, bar, lounge located at 48 West 21^st Street, (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises is located within Community Board Five's Restricted Licensing Area, an area deserving of heightened scrutiny of liquor license applications and renewals; and

WHEREAS, Community Board Five has received several complaints regarding the method of operation of the Premises, most particularly with respect to patrons entering and exiting the Premises; and

WHEREAS, The Premises consists of approximately 4,000 square feet on the ground floor of the Premises; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises is operated exclusively as a restaurant, bar, and lounge; and

WHEREAS, Applicant has agreed that Applicant shall:

1)      Operate the Premises as a restaurant, bar, and lounge and be responsible for any use of promoters and at any time that an event or party is hosted or marketed by a third party (in whole or in part):

a)      at all times Applicant shall remain responsible for and in complete control of the Premises and its patrons and

b)      all materials positions of the operation shall be the employees of the Applicant at all times; and 

2)      Except for special events (i.e. Halloween, Thanksgiving Eve, national holidays, and New Year's Eve), the premises will be closed at 4am, with the premises cleared within 30 minutes after closing; and

3)      At all times, when appropriate, the Premises will maintain no less than three (3) dedicated security personnel in the front of the Premises and no less than three (3) inside the Premises to (i) maintain order both inside and outside the 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 of the Premises, and (iv) use best efforts to have 21st street cleared of all patrons within one-half hour of closing. Security personnel shall be employees of the Applicant, if a third-party security agent is used, will be directed and supervised by employees of the Applicant;

4)      Whenever possible, discourage the idling of cabs, limousines, and other vehicles on the street in front of the Premises;

5)      Control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

6)      Strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

7)      Establish a 24 hour direct phone line to either a manager or owner for surrounding residents; and

8)      Meet with neighbors and CB5, if requested; and

WHEREAS, Applicant agrees to return, if necessary, to CB5 in six (6) months from the date of execution to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

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

RESOLVED, That Community Board Five recommends denial of the application by 48 West 21^st Street Corporation to renew the on premises liquor license for the floor restaurant, bar, lounge located at 48 West 21^st Street, (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 35 in favor; 0 opposed; 2 abstaining.

WHEREAS, Applicant Kihong Kim, on behalf of Third Floor Cafe. ("Applicant"), has notified Community Board Five of its intention to file a renewal application for its existing liquor license within the premises to be leased to Applicant on the third floor of 315 Fifth Avenue, New York, New York, (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,500 square feet of indoor space on the 3rd floor of the Premises; and

WHEREAS, The Premises will be operated as a restaurant and bar, with a total of 24 tables, 43 seats, for eating Korean cuisine and serving liquor, beer and wine; and

WHEREAS, The Premises will include 1 patron bars with 8 bar stools; and

WHEREAS, Estimated total capacity is under 74 on the third floor, including personnel and staff; and

WHEREAS, The applicant has retained an architect and has submitted an Alteration Type 1 to the Building Department to properly amend the Certificate of Occupancy and expects Final C of O in June 2011; and

WHEREAS, Applicant provided a "Letter of No Objection" from the New York City Department of Buildings, dated May 14, 2009, stating that the DOB does not object to the use of the Premises for this operation specifically for the 3rd floor because this building has a Certificate of Occupancy, dated June 30, 1975, but states 20 occupants; use "offices, and showrooms, use group 6; and

WHEREAS, APPLICANT agreed to:

1.      operate the Premises as a restaurant with food service, with no promoters;

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

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

4.      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 Kihong Kim 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 for renewal of an on premises liquor license within the premises to be leased to Applicant on the third floor of 315 Fifth Avenue, 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 35 in favor; 0 opposed; 2 abstaining.

WHEREAS, Midway between Sixth and Seventh Avenues, from 51^st Street through 57^th Street, there are eleven public passageways running north-south through the blocks; and

WHEREAS, Some of these passageways are within buildings, some are exterior, and others are open to the air but covered, with a number of them having amenities like seating, tables, plantings, and art; and

WHEREAS, These passageways are all privately-owned public spaces (POPS), which are easements created through New York City zoning laws in 1961 granting public access to private property; and

WHEREAS, These passageways are all within the Special Midtown District, which until relatively recently required "through-block connections" for all development taking place within the entire block; and

WHEREAS, Because existing zoning regulations have required developers, when creating through-block connections, to line them up with existing connections on adjacent blocks, these midtown POPS already form a relatively continuous and uninterrupted route from 51^st Street to 57^th Street; and

WHEREAS, Because many of these midtown POPS remain unknown to and underused by the general public, and more effective utilization of open space for the benefit of pedestrians while mitigating traffic congestion within our district are stated goals of Community Board Five; therefore, be it

RESOLVED, That Community Board Five requests the New York City Department of Transportation (DOT) to undertake a study, consistent with that previously requested for a comprehensive surface transportation plan for midtown Manhattan, to determine the feasibility of improving both the visibility and safe utilization of these urban plazas for which they originally had been intended by: (1) identifying them with clear but unobtrusive pedestrian-oriented signage; and (2) creating controlled and clearly-marked pedestrian crossings that also prohibit or significantly restrict parking at those locations. 

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