November 2010

WHEREAS, 32 West 40th Street (Engineer's Club), between 5th and 6th Avenues, designed by the architectural firm, Whitfield and King and built in 1906, has been proposed for designation as an individual NYC Landmark; and

WHEREAS, Henry D. Whitfield, the principal architect, was the brother of Andrew Carnegie's wife, Louise, and Carnegie donated $450,000 for 50% of the $900,000 construction cost of the 11-story building; and

WHEREAS, Mark Twain was the speaker at the building's dedication dinner in 1907 honoring Carnegie as its benefactor; and

WHEREAS, The  limestone and brick Georgian and Renaissance Revival building faces Bryant Park and has giant Corinthian pilasters appropriate in scale for the New York Public Library across the street and was renamed "The Columns" by the developer who converted it into 44 cooperative apartments in 1979; and

WHEREAS, The building has a rusticated one-story base, a two-story stone face above which the building's shaft is red brick with jagged stone quoins and has arched windows on the first, third and eleventh floors plus an impressive cornice and stone window surrounds; and

WHEREAS, The building once contained various meeting rooms, 66 bedrooms and a luxurious 300-seat dining room on the eleventh floor; and

WHEREAS, 32 West 40th Street (Engineer's Club) is an early example of the high-rise clubhouse building type, similar in many ways to the recently-designated Yale Club of New York City; therefore, be it

RESOLVED, Community Board Five recommends that 32 West 40th Street (Engineer's Club) be designated as an Individual New York City Landmark.

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

WHEREAS, The Knickerbocker Hotel, 1466 Broadway, is a Beaux Arts style building of red brick with terra cotta details, with a prominent mansard roof, designed by Marvin & Davis, with Bruce Price, as Consultant, and built in 1902-1906, designated as a NYC Landmark in 1988 and put on the National Register of Historic Places in 1980; and

WHEREAS, Its Annex, 143 West 41st Street, connected internally to the hotel building, was designed by Phillip C. Brown, built in 1894, and is a part of the designated landmark as well; and

WHEREAS, Financed by John Jacob Astor, the Knickerbocker was a luxurious hotel and a popular dining and dancing spot in New York's new theatre district, and is the only survivor out of several grand hotels that were built in the Times Square area; and

WHERAS, Two of its most prominent long term residents were Enrico Caruso and George M. Cohan and it once contained a three story restaurant that could seat 2,000 people; and

WHEREAS, Its restaurant's bar once had the Maxfield Parrish "Old King Cole" mural which now hangs above the bar at the St. Regis Hotel; and

WHEREAS, The Knickerbocker closed in the 1920's, during the Depression, and was converted to office use and was later the home of Newsweek Magazine; and

WHEREAS, Most of the first two floors of the Knickerbocker are leased to a commercial tenant (The Gap - with approximately five years left on the lease) requiring a delay before this portion of the property can be integrated into the hotel; and

WHEREAS, The Application is to convert parts of the first floor and upper floors of the building for use as an as-of-right boutique hotel; and

WHEREAS, The scope of work will include:

• Knickerbocker Building - Restoration of the limestone and granite piers around the retail base of the building.
• Establishment of a Storefront Master Plan for the retail base of the building based on the historical street level design.
• Installation of two marquees - one at the main entrance to the hotel on West 42nd Street ,where the original main entrance was located, which will be expanded to three bays with a new glass and metal canopy- and another entrance with a similar, but smaller, canopy to be located on the Broadway side of the hotel.
• Reconstruction of the existing (and currently visible) rooftop penthouse, bulkheads, and mechanical equipment on the roof.
• Reconfiguration of the rear elevation (not visible from the surrounding streets and not described in the LPC Designation Report) involving some demolition in order to bring light and air to some of the hotel rooms at the rear of the building.
• Installation of small, minimally visible (and easily removable) exterior light fixtures on the Broadway and West 42nd Street facades to illuminate portions of the building.
• Knickerbocker Annex - Restoration of the cast iron and masonry facade elements and installation of new wood windows.
• Reconstruction of the rooftop stair bulkhead.
• Reconfiguration of the ground floor to accommodate a new loading dock to comply with NYC DOT requirements for a hotel of this size; and

WHEREAS, The proposed enlarged rooftop penthouse, new taller wooden water tank, bulkheads and mechanical equipment will be visible from several viewpoints but given the hotel's Times Square location and the surrounding buildings and signage this is not deemed to be a serious detriment to the project; therefore, be it

RESOLVED, Community Board Five recommends approval of the Application is to convert parts of the first floor and upper floors of the Knickerbocker Building, 1466 Broadway, with an Annex at 143 West 41st Street, together an individual NYC Landmark, into a new hotel.

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

WHEREAS, 120 Madison Avenue (American Academy of Dramatic Arts) is an individually designated NYC Landmark since 1966, designed by the eminent architect Stanford White, with a distinctive Federal Revival façade; and

WHEREAS, The building, opened in 1906, is the former "Colony Club," a private women's club, and since 1963 has been occupied by the American Academy of Dramatic Arts; and

WHEREAS, The Applicant has filed a request with the Landmarks Preservation Commission for a Certificate of Appropriateness for the installation of an ADA Compliant access ramp to a secondary entrance door 30 inches, or five steps, up from the ground; and

WHEREAS, This ADA Compliant access is deemed necessary for students at the school, its employees and attendees at the three theaters housed in the building; and

WHEREAS, After exploring other possible solutions for wheel chair and other access for people with disabilities, including a mechanical lift device to the secondary entrance door, it was determined that the ramp offered the optimal alternative for the following reasons:

1.      An entrance ramp is more permanent than a mechanical device

2.      There would be no waiting (both annoying and awkward)  for the mechanical lift device to be unlocked and operated 

3.      More than one person can use the ramp at the same time

4.      There is no hazard of mechanical malfunction where the lift may become locked in an open position blocking emergency egress

5.      There is minimal risk of vandalism with a ramp as opposed to a mechanical device

6.      The ramp could be used for deliveries and other purposes such as baby carriage access

7.      A mechanical lift is less attractive than a well-designed ramp with a wrought iron railing

8.      Design motifs will be incorporated  in the ramp railing  reminiscent of  the original gate in front of the building that was removed before designation

9.      The ramp will cover over the stone stairs to the secondary entrance which will remain in place and not be demolished;  therefore, be it

RESOLVED, That Community Board Five recommends approval of the Application for Exterior Renovations to construct an ADA Compliant access ramp at street level of 120 Madison Ave., American Academy of Dramatic Arts.

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

WHEREAS, In celebration of the 100th Anniversary of  The New York Public Library's iconic Landmark, Carrere and Hastings building at Fifth Avenue and West 42nd Street, the Library has applied for a C of A for a new banner design for the facade facing Fifth Avenue; and

 WHEREAS, The new design will reduce the number of banners from three to two which will be placed less conspicuously at either side of the main entrance; and 

WHEREAS, The two banners will each measure 6 feet in width and 24 feet in length and will be fabricated with a porous nylon material that will allow the banners to billow with air passing through the fabric; and

WHEREAS, The hardware,  using a high tension stainless steel wire rope and tension cords mounted to stainless steel eye bolts and cleats fastened to the marble, to mount the banners to the facade and to change the banners  for different exhibitions and events, will be minimally intrusive to the building's stonework; and

WHEREAS, The design was  developed in consultation with the Landmarks Preservation Commission staff using methods and materials designed to diminish the visual impact of the supporting hardware required to properly position the banners and will maintain aesthetic harmony with the existing architectural elements; and

WHEREAS, Similar banners have been successfully installed at the Metropolitan Museum of Art; therefore, be it

RESOLVED, That Community Board Five recommends approval of the new banner design for the main branch of the NYPL at West 42nd Street and 5th Avenue.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining; 1 present but not entitled to vote.

WHEREAS, Public Art Fund proposes a temporary exhibit of The Warhol Monument, a bronze statue of Andy Warhol by internationally acclaimed artist Rob Pruitt, in the pedestrian plaza located near the northeast intersection of Broadway and East 17^th Street, from Wednesday March 30 through Sunday October 2, 2011; and

WHEREAS, Although historically Community Board Five has consistently favored temporary art exhibits that have been installed inside Madison Square Park and Union Square Park, and also in the Park Avenue Malls, the proposal in question is the first time we are evaluating an exhibit which would be installed inside a pedestrian plaza; and

WHEREAS, Andy Warhol had a direct relationship to the Union Square Park area in that:

1.      Warhol's legendary Factory was located at 33 Union Square West from 1967 until 1973, and then at 860 Broadway (at the corner of East 17^th Street), from 1973 until 1984

2.      In the early days of the publication of Interview, Warhol could be seen selling the magazines outside of the Factory and around Union Square Park; and

WHEREAS, The Warhol Monument would be cast by Polich Tallix Fine Art Foundry in Rock Tavern, NY, and would be a 7'-0" tall bronze figure depicting Warhol in an everyday pose, carrying a shopping bag full of Interview magazines; and

WHEREAS, The bronze figure would be set upon a stepped granite pedestal, 3'-0" in height, 6'-0" X 6'-0" in area, and the pedestal would be set upon rubber pads in order to protect the paving; and

WHEREAS, The granite pedestal and bronze figure would be installed by fine art riggers using a fork lift, and the installation would require approximately four hours; and

WHEREAS, It is expected that the pedestrian plaza would not be damaged by the installation or the removal, Public Art Fund would provide insurance for the work, including liability coverage for the permitting authority, and would be responsible for restoring the site to its original condition; and

WHEREAS, The temporary exhibit of The Warhol Monument would not necessitate the removal of any of the tables or chairs from the pedestrian plaza, as these would be moved within the site, and the granite pedestal would provide visitors with the amenity of additional places to be seated; and

WHEREAS, Pending approval in a follow-up review by Community Board Five, any future proposals pertaining to signage that might be installed near the exhibit should be small, limited to providing the public with an insight into the concept behind the work, information about the artist, and the history Andy Warhol's relationship to Union Square, and there should be no corporate sponsorship advertisements within the public plaza; and

WHEREAS, Quality public sculpture is a welcome addition to the City's cultural landscape, and this proposed temporary exhibit is a tribute to the father of Pop Art and one of New York's enduring cultural icons; and

WHEREAS, Community Board Five is currently working on developing guidelines which will address the long term issues associated with the usage of pedestrian plazas; therefore, be it

RESOLVED, That Community Board Five recommends approval of Public Art Fund's proposal to exhibit The Warhol Monument in the pedestrian plaza near the corner of Broadway and West 17^th Street; and be it further

RESOLVED, That Community Board Five's approval is subject to the temporary status of the pedestrian plaza under a prior agreement with DOT to establish this plaza. If DOT determines that the plaza is to be reconfigured in such a manner that does not permit or accommodate the temporary installment of art, the petitioner agrees to remove the statue prior to the completion of the term approved by this resolution; and be it further

RESOLVED, That Community Board Five's approval of this temporary art exhibit is not intended to establish a precedent for the evaluation of future proposals for the usage of pedestrian plaza spaces within our district.

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

WHEREAS, José Goncalves, on behalf of WEST 20TH ENTERPRISES CORPORATION D/B/A "THE VIP CLUB" ("Applicant"), has notified Community Board Five of its intention to renew an existing liquor license for the ground floor and second floor bar/gentlemen's club d/b/a The VIP Club, located at 20 West 20^th Street, New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 7,000 square feet of indoor space on the ground floor; and 3,000 square feet on the second floor, with total capacity of 295, including staff; and

WHEREAS, The Premises includes no outdoor space; and

WHEREAS, The Premises is operated exclusively as a bar/gentlemen's club and corporate/private event space, with partial kitchen for preparation and serving of sushi; with a total of 30  tables, 120 seats and 10 bar stools; and

WHEREAS, Applicant shall:

1.      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): (i) at all times Licensee 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 Licensee at all times;

2.      maintain adequate security at the Premises during hours of nightlife operation, with an exception for corporate or private events, in the proportion of one security personnel for every 50 patrons, 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; 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;

3.      incorporate the use of a smoking area with adequate security to corral smokers, control loud talking, and minimize excessive noise; and discourage customers from loitering outside the Premises at any time;

4.      use best efforts to maintain cleanliness of sidewalk in front of Premises;

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

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

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

WHEREAS, Applicant agrees to return to CB5 in six (6) months, or at an earlier date if necessary, 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 José Goncalves ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

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

WHEREAS, The community spoke favorably about the operation and were in support of the renewal of the license; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by WEST 20TH ENTERPRISES CORPORATION D/B/A "THE VIP CLUB" to renew an existing liquor license for the ground floor and second floor bar/gentlemen's club d/b/a The VIP Club, located at 20 West 20^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, Thomas Shannon, on behalf of BOWLMOR TIMES SQUARE LLC ("Applicant"), has applied for a NYC DCA Cabaret License for the 3^rd and 4^th floor bowling alley / event space located in the old NY Times building, at 222 West 44^th Street, New York, New York, 10036 (the "Premises"); and

WHEREAS, The Premises main entrance will be located on 44^th Street and will have a large queuing area for patrons; and

WHEREAS, The Premises consists of approximately 90,000 square feet of space on the 3^rd  and 4^th floor; and

WHEREAS, The Premises will have a Public Assembly valid for the entire establishment with a maximum occupancy of 1071 people (patrons and employees) with the well defined cabaret portion being the 3^rd Floor Banquet Room 1 and 4^th Floor Banquet Room 2 only; and

WHEREAS, Banquet Room 1 has a total occupancy of 209 patrons and employees and Banquet Room 2 has a total occupancy of 136 patron and employees, and

WHEREAS, New and existing stairwells are adequate for the new occupancy loads on both the 3^rd and 4^th floors; and

WHEREAS, All life safety systems required by NYC DOB for a premises use as a Cabaret have been satisfied, including:

                        Building Smoke Purge System

                        Fire Alarm System with Central Station Monitoring

                        Sprinkler System

                        Emergency and Exit Lighting

Building Emergency Generator fed circuits for Egress Lighting, Smoke Purge and Fire Alarm, etc. in accordance with NYC DOB requirements; and

WHEREAS, The Premises will be operated predominantly as a Bowling Alley /  Event Space with two large bars on the 3^rd Floor and one large bar on the 4^th Floor with an additional service bar to serve the 4^th Floor Banquet Room; and

WHEREAS, Applicant shall:

1.      operate the Premises as a Bowling Alley / Event Space and should any change to that model occur, contact Community Board 5 prior to such changes,     

2.      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): (i) at all times Licensee 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 Licensee at all times;

3.      maintain business hours of Premises' indoor operation with a closing time no later than 4AM, 7 days per week,

4.      maintain adequate security personnel at all times, both inside and outside of the Premises; ensure that patrons enter and leave the Premises at 44^th Street in a peaceful, quiet and respectful manner; discourage patrons from congregating outside the Premises; and use best efforts to have 44^th Street cleared of all patrons within one-half hour of closing.  Security personnel shall be employees of Licensee, or if third-party security company is used, such company shall at all times be directed and supervised by employees of Licensee;

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

6.      maintain an outdoor smoking area in front of the Premises, provided it is permitted by all applicable zoning, building, fire and other codes, rules and regulations, and will encourage its patrons to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 44^th Street; with smoking area to be monitored by a security presence on all nights;

7.      arrange for private garbage pick up 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 with respect to any persisting problem if requested by CB5 and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community.

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 Thomas Shannon 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 by Applicant with 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 BOWLMOR TIMES SQUARE LLC for a NYC DCA Cabaret License for the 3^rd and 4^th floor bowling alley / event space located in the old NY Times building, at 222 West 44^th Street, New York, New York, 10036, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority liquor license.

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

WHEREAS, In April 2010, 760 8^TH AVE. REST., INC. ("Applicant"), received approval from Community Board Five for a new on-premises liquor license for the second and third floors of the premises located at 760-766 8^th Avenue a/k/a 268 West 47^th Street, New York, New York, (the "Premises"), subject to certain conditions and restrictions; and

WHEREAS, At the time, use of the 2^nd floor was limited to restaurant use and dancing only by restaurant patrons and, after restaurant hours, only in conjunction with private parties and catered events only; and

WHEREAS, Applicant has requested permission from CB5 to alter the method of operation on the 2^nd floor to permit dancing by restaurant patrons as well as the general public, not limited to private parties and catered events; and

WHEREAS, Applicant has agreed that no other changes to the method of operation are now contemplated and that all conditions and restrictions previously agreed to remain in full force and effect; and

WHEREAS, Applicant has delivered a new affidavit restating all of the original conditions and stipulations, modified with respect to the use of the 2^nd floor as discussed herein; and

WHEREAS, The 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 a new on- premises liquor license for 760 8^TH AVE. REST., INC. for the second and third floors of the premises located at 760-766 8^th Avenue a/k/a 268 West 47^th Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

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

WHEREAS, Big Taxi Transportation Service operates a private commuter bus service from Northern New Jersey to New York during the morning "rush hour" period and from New York to Northern New Jersey during the afternoon "rush hour" period; and

WHEREAS, Big Taxi has a fleet of 30 diesel-engine buses that can each accommodate approximately 25 passengers; and

WHEREAS, Because Big Taxi was denied a pick-up/drop-off location at the Port Authority due to lack of available space, the Bus Stop Management Division of the New York City Department of Transportation (DOT) responded to an application by Big Taxi and assigned the company a single location for drop-offs only during the morning commute and pick-ups only during the afternoon commute on the north side of 37^th Street between Seventh Avenue and Eighth Avenue (near the corner of Seventh Avenue); and

WHEREAS, This DOT-assigned location is approximately 95 feet in length and can accommodate at most two buses at one time; and

WHEREAS, All of Big Taxi's buses are inspected twice per year for compliance with both safety and emission standards; and

WHEREAS, Both the location of the Big Taxi bus stop and the relatively low fare Big Taxi charges - at maximum, $4.00 for a one-way ride - are targeted for commuters to the Midtown West area who are on a tight budget, such as Garment Center workers; and

WHEREAS, Big Taxi has agreed to provide personnel at the bus stop in order to ensure orderly waiting lines and vehicle boarding and off-loading, as well as trash receptacles in order to maintain a litter-free zone; and

WHEREAS, DOT has agreed to monitor the bus stop to ensure that it is maintained in the orderly manner described above, that no more than two buses occupy the stop at any one time, and that buses are not idling for any longer than three minutes; and

WHEREAS, DOT has further agreed to issue an evaluation report to Community Board Five based on its findings after one full year of bus stop operation by Big Taxi; therefore, be it

RESOLVED, Community Board Five supports the establishment of a bus stop for Big Taxi Transportation Services at the location designated by the DOT on the north side of 37^th Street between Seventh Avenue and Eighth Avenue, provided that:

1.      The report issued by the DOT concludes that Big Taxi Transportation Service is in compliance with the stipulations for orderly operation of the bus stop, predicated on the requirements of Bus Stop Management Division and the recommendations of this community board; and

2.      DOT makes progress in working with the Port Authority to develop a feasible strategy for coordinating public and private bus routes and stops as part of the DOT overall surface transportation plan for Manhattan's CBD previously proposed by Community Board Five. 

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstaining.