November 2011

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SEC of 42nd  Street and 8^th Avenue, and

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

WHEREAS, Six individuals representing 11 Times Square (the building directly behind the proposed newsstand location) were present to oppose the proposed newsstand; and

WHEREAS, Their findings showed that the applicant's schematic drawings contained several inaccuracies which make the placement of the proposed newsstand non-compliant; and

WHEREAS, Those inaccuracies include only 7'6" of usable sidewalk space when measured from the property line as opposed to the building line; and

WHEREAS, The glass marquee is improperly drawn and leaves only 3'8" of space for cleaning and maintenance where 5' of space is usually required for any such canopy; and

WHEREAS, the building was specifically designed to relieve pedestrian congestion and act as a visual corridor and 'gateway' to the 42^nd Street / Times Square areas; and

WHEREAS, The addition of the proposed newsstand would obstruct that visual design concept; and

WHEREAS, CB5 already has serious concerns about pedestrian safety at this street corner and all around the Times Square area; and

WHEREAS, With potentially three new floors of retail space in the building at 11 Times Square, pedestrian traffic could be increased significantly; and

WHEREAS, Independent pedestrian counts currently show extremely heavy pedestrian traffic on this corner especially during morning and evening rush hours and the 7pm to 8pm hours preceding Broadway Theater productions; and

WHEREAS, Being the uptown thoroughfare to the Times Square area and with the Port Authority Bus Terminal directly across the street, 8^th Avenue at 42^nd Street has very high volumes of vehicular traffic; and

WHEREAS, The placement of the proposed newsstand would only serve to increase pedestrian congestion thereby potentially causing people to have to walk in the street; and

WHEREAS, Pedestrians in street traffic create a particularly dangerous situation; and

WHEREAS, DOT has seemingly already recognized other pedestrian dangers at this intersection by placing pedestrian street railings on the Northwest corner of 42^nd Street and 8^th Avenue; and

WHEREAS, The area is already adequately served by existing "brick and mortar" vendors including those inside of the Port Authority Bus Terminal, as well as three surrounding newsstands on the SEC 41^st Street and 8^th Avenue, NEC 40^th Street and 8^th Avenue, and directly around the same corner as the proposed newsstand on the 42^nd Street side of the SEC of 42^nd Street and 8^th Avenue; therefore be it

RESOLVED, That Community Board Five finds that the proposed newsstand is not compliant with the required DOT and DCA regulations and therefore Community Board Five recommends denial of the application to install a newsstand on SEC of 42^nd Street and 8^th Avenue; and be it further

RESOLVED, That Community Board Five finds that the installation of a newsstand at this location would negatively impact pedestrian traffic by creating further congestion, thus making for an unsafe condition for pedestrian and vehicular traffic; and be it further

RESOLVED, That Community Board Five requests that DOT and DCA take into consideration the findings and opinions of the representatives for SJP TS JV, LLC (the developer at 11 Times Square); and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian counts at this location on a Wednesday, Thursday or Friday between 5 PM- 8 PM.

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

WHEREAS, Overcrowding in schools serving the school-age population living within Community Board Five has been an ongoing and acute problem; and

WHEREAS, Midtown East is now the fastest growing neighborhood in terms of housing starts; and

WHEREAS, At close to 800 students, PS 116 is 120 students above the Department of Education (DOE)'s stated capacity of 680; and

WHEREAS, As the Kindergarten enrollment at PS 116 went from 128 students in 2010-2011 to 156 in 2011-2012, each of the now six Kindergarten classes have 26 students per class; and

WHEREAS, This year and for the past two years, 2^nd grade class sizes at PS 116 reached or surpassed 30 students; and

WHEREAS, PS 116 has forfeited its Gifted & Talented program, sacrificed its pre-K program, collapsed its classrooms and given up specialty teachers as well as cluster rooms; and

WHEREAS, PS116 is forced to start the lunch period at 10:30am to allow the cafeteria to serve all children; and

WHEREAS, The sustainability of PS 116 is impossible at the current rate of growth, even for another year; and

WHEREAS, several viable sites with adequate capacity for incubation have been identified within close proximity to both PS116 and the future home of PS281; and

WHEREAS, PS/IS 281, slated to open in 2013, is proposed to alleviate the overcrowding in Midtown East; and

WHEREAS, Community Board Six passed a similar resolution and Community Board Five is supporting it; and

WHEREAS, all Midtown East elected officials signed a letter supporting incubation of PS/IS 281 for the 2012-2013 school year; therefore, be it

RESOLVED, That Community Board Five strongly urges the DOE to work in partnership with the CECd2 to immediately create a zone for PS/IS 281 and incubate at least two kindergarten sections at PS/IS 281 at a satellite location for the 2012-2013 school years, as per precedent set by the DOE, past and present.

The above resolution passed by a vote of 31 in favor; 0 opposed; 2 abstaining and 1 present but not entitled to vote.

WHEREAS, The Central Park Conservancy has presented to Community Board Five a detailed informational overview of their proposed reconstruction of the Reservoir East Landscape; and

WHEREAS, This project is part of the Conservancy's effort to restore the east side landscapes of Central Park stretching from the Metropolitan Museum of Art to the Harlem Meer, rehabilitating elements of both Olmsted and Vaux's original design as well as landscape architect Samuel Parsons Jr.'s improvements of 1903-1911, with a focus on establishing a continuous park experience; and

WHEREAS, The project site consists of the landscape on either side of the East Drive from 86th to 96th Street, including the vegetated slope between the roadway and the bridle path on the west side of the drive, and the pedestrian path and marginal landscape between the roadway and perimeter wall on the east side; and

WHEREAS, The Reservoir East landscape has not been comprehensively restored since the early twentieth century, with original design features having greatly diminished over time; and

WHEREAS, This project has the following stated design goals:

1.      To minimize the urban character of the drive through a comprehensive planting designed to create a sense of continuity and enclosure, reestablishing the country road quality of the original design and evoking the horticultural character of Parsons' "Rhododendron Mile" of 1908;

2.      To improve the pedestrian experience by addressing aging pavements and inadequate drainage infrastructure, and by reinforcing the separation between the drive and pedestrian path through the addition of plantings and, where possible, changes in grade;

3.      To improve storm water management and growing conditions that will be used in combination with soil amendment and updated irrigation infrastructure to ensure that the horticultural improvements are sustained while using potable water as efficiently as possible; and

WHEREAS, The proposed restoration and rehabilitation work includes:

1.      Reconstructing the pedestrian path with new porous asphalt paving, new tree wells with granite curbs, drainage infrastructure, pipe rail fence, and new site furnishings, and raising it to an elevation slightly above the roadway by increasing the slope of the marginal landscape between it and the roadway, as per its original design;

2.      Replacing the granite block margin between the pedestrian path and the drive with a planting bed containing evergreen groundcover punctuated with low shrub masses; Planting new canopy trees in margin where large gaps exist to reestablish the consistent canopy of the original sycamore maples; and replacing aging trees with new trees according to a long-term plan;

3.      Installing structural soil mix to enlarge the root zone of new plantings;

4.      Removing invasive species and vegetation in poor condition from the slope between the pedestrian path and perimeter wall; Improving soils with addition of organic matter; Adding fill where possible to bring slope up closer to top of wall, increasing the sense of separation from the city and improving the planting conditions; Adding plantings to provide shade, fill gaps, and obscure views of Fifth Avenue;

5.      Recreating a sense of Parsons' "Rhododendron Mile" in the area between the drive and bridle trail with new plantings of rhododendrons, azaleas and groundcover in undulating drifts; Planting new canopy trees closer to the drive to fill gaps, provide shade, and restore the historic "country road" character of the landscape;

6.      Installing additional irrigation infrastructure to serve areas between bridle trail and drive and between drive and perimeter wall; and

WHEREAS, The budget for this project is projected at roughly $2.5 million, to be funded by the Conservancy and the City; and

WHEREAS, Community Board Five supports the proposed reconstruction and restoration work; therefore be it

RESOLVED, That Community Board Five recommends approval of Central Park Conservancy's proposal for the reconstruction of the Reservoir East Landscape.

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Central Park Conservancy has presented to Community Board Five a detailed informational overview of their proposed reconstruction of the North Harlem Meer Landscape, Shoreline, and the 110^th Street Playground; and

WHEREAS, This project is part of the Conservancy's effort to restore the Harlem Meer landscape, reversing the urbanizing impact of twentieth-century projects that dramatically altered its historic character; and

WHEREAS, This project is a continuation of the Conservancy's work to increase the opportunities for patrons to interact with the landscape, and to develop an innovative play space for children that better integrates the play experience into the park, based on their comprehensive plan for the park's playgrounds, Plan for Play; and

WHEREAS, This project has the following stated design goals:

1.      To restore and enhance the character of the landscape on the north side of the Meer;

2.      To provide traditional play equipment and features within a landscape setting that blurs the boundary between the playground and the park while still maintaining the security of a playground;

3.      To provide opportunities for landscape play within a dedicated and contained space that offers children more latitude to explore relatively freely and independently, and fosters their relationship to the park; and

WHEREAS, The proposed alteration and restoration work includes:

1.      Reconstructing the landscape surrounding the playground, including realignment and re-grading of park paths, reconstruction of drainage infrastructure, lawn restoration, and extension and planting of the shoreline, to enhance the landscape character and improve access to and circulation around the playground as well as its physical and functional connection to the park;

2.      Reconstructing the playground as a series of distinct play spaces shaped as overlapping circles connected by a meandering path, each with their own play equipment and features for active play, including swings, climbers, and a water spray feature, while retaining the general size of the existing playground;

3.      Relocating the playground slightly to the north, providing improved access to the Meer and creating open play areas outside the playground for older children, with secure gated entrances to the east and west, and a new, minimally visible fence that will allow for some new planting inside the playground meant for "secure landscape play" for younger children;

4.      Creating a transitional zone for landscape play around and between the structured play spaces, using plantings, natural materials, and informal gathering spaces, to define a park-like environment with opportunities for exploration and social play;

5.      Rebuilding pathways with ADA-compliant handrails where the grade requires; and

WHEREAS, The budget for this project is projected at roughly $3 million, to be funded by the Conservancy; and

WHEREAS, Community Board Five supports the proposed reconstruction and restoration work; therefore be it

RESOLVED, That Community Board Five recommends approval of Central Park Conservancy's proposal for the reconstruction of the North Harlem Meer Landscape, Shoreline, and the 110^th Street Playground.

The above resolution passed  by a vote of 37 in favor; 0 opposed; 1 abstaining.

WHEREAS, 17 West 17^th Street (between 5^th & 6^th Avenues in the middle of the block) is an 11 story townhouse built in 1907 and located within the Ladies Mile Historic District; and

WHEREAS, The building is 53 feet wide, faced in white brick, above a two story metal-framed storefront; and

WHEREAS, The first and second stories are recent aluminum and glass replacements, although the original metal cornice at the top of the second story remains; and

WHEREAS, The non-retail stories consist of single floor apartments; and

WHEREAS, The owners are requesting permission to extend the freight elevator bulkhead on the roof an additional 15 feet, using the same materials currently used in the bulkhead on the roof; and

WHEREAS, The reason for this extension is to permit materials to be brought to the top of the building for roof work without necessitating obtaining entrance through the various apartments; and

WHEREAS, The extension is minimally visible from 17^th Street and not at all visible from 18^th streets; and

WHEREAS, Where it can be viewed, this view is extremely limited and the sight is in keeping with the other rooftops in close proximity; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to undertake the proposed elevator bulkhead extension for the roof at 17 West 17^th Street.

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining.

WHEREAS, 200 Park Avenue South, a/ka/ 45 East 17^th Street, a/k/a The Everett Building, a sixteen-story commercial structure, designed by Goldwin, Starrett and Van Vleck, is an individual New York City Landmark, and

WHEREAS, The 1910-era building is a quintessential example of the new commercial style of architecture known as the Chicago School, and its design was considered innovative when it was featured in Architectural Record (December 1910) and,

WHEREAS, The owner of the building wishes to reconfigure door openings and restore the historic integrity of the ground-floor storefronts, specifically doors and bulkheads, and

WHEREAS, Historic tax photos provide a reasonable indication of the original door and bulkhead assembly configurations and no historic fabric remains of these features, and

WHEREAS, The proposal respects the configurations, materials and proportions of the original, historic storefronts, therefore be it

RESOLVED, Community Board Five recommends approval of the application for 200 Park Avenue South storefront modifications.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining; and 1 present but not entitled to vote.

WHEREAS, In March 2008 a Special Permit was granted by the City Planning Commission to facilitate the construction of a 357-foot high, 32-story, approximately 186,940 square foot building on property located at 14-20 West 40th Street, between Fifth and Sixth Avenues, allowing modifications to height and setback, split lot provisions, pedestrian circulation space, and street wall continuity requirements to facilitate the development of a new mixed hotel and residential building; and

WHEREAS, These waivers were granted to facilitate a building constructed to the street line like the landmarked Knox Hat Building and American Radiator Building, both also on West 40th Street between Fifth and Sixth Avenues, near the proposed building, and in a manner consistent with a block that is characterized by towers; and

WHEREAS, In a separate action, the property received the transfer of approximately 17,000 square feet of development rights from the Knox Hat Building in exchange for preservation of that building and which the applicant has stated has been restored and an approved maintenance plan is in place; and

WHEREAS, The current applicant, HFZ West 40th LLC, obtained title to the project site in a foreclosure arrangement in June 2010 and now wishes to commence development of the project with the intention to proceed with the Landmarks Preservation Commission-approved building design and to construct a mixed-use hotel and residential building, although specific determination has not yet been made as to the percentage of hotel and residential use, nor has a hotel operator yet been chosen; and

WHEREAS, Although the Special Permit will not expire until April 2012, the applicant is seeking early renewal to assemble a development team, obtain construction financing, and finalize other plans that need the assurance that a renewed Special Permit will provide; and

WHEREAS, The renewal of a Special Permit is based upon confirmation that the facts upon which it was granted have not substantially changed and in the case of this application, neighborhood changes that have occurred since the 2008 grant are the completion of the Bank of America tower and the re-cladding of the Met Life building, both located at 42nd Street and Sixth Avenue, neither of which affect the project site or block; and

WHEREAS, The building will be built at 358 feet flush with the street wall, rather than 395 feet permitted with a setback, and will continue the saw tooth pattern of the existing buildings on the street; and

WHEREAS, When Community Board Five approved the original Special Permit in 2008 with a vote of 28 in favor, 2 opposed and 2 abstentions, the Board urged that the new building be constructed to LEED standards with a minimum of silver, expressed concern about the impact any new residential and hotel development would have on the area's infrastructure, including public schools and transportation, and asked that steps be taken to mitigate the impacts from construction in this dense and high traffic area adjacent to Bryant Park, and the Board continues to have these requests and concerns; and

WHEREAS, The applicant has indicated the likelihood of LEED Silver construction; that while plans are still not finalized, it is expected that any residential portion of the building will have large apartment units; that while not required, a loading dock will be included with its entrance on West 39th Street; and while original plans included a 30-space parking garage it is not known if a garage will be included in the new plans for the building; however, Community Board Five requests the developer consider including a 30-space parking garage in the building; therefore, be it

RESOLVED, That Community Board 5 recommends approval of the application of C080042ZSM for the renewal of a Special Permit pursuant to Section 11-43 for the purpose of constructing a new building on the zoning lot located at 14-20 West 40th Street.

The above resolution passed by a vote of 32 in favor, 5 opposed, 2 abstaining.

WHEREAS, The Booth Theater, located at 222 West 45th Street in the Theater Subdistrict of the Special Midtown District, is a "listed theater," pursuant to Section 81-742(a) of the Zoning Resolution and qualifies as a "granting site" under Section 81-744 which specifies the transfer of development rights from listed theaters to qualified receiving sites; and

WHEREAS, 237 West 54 Owner, LLC seeks a certification to become a "receiving site" and purchase and transfer 24,100 square feet of development rights from the Booth Theater for the construction of an approximately 142,300 square foot transient mid-priced hotel at 237 West 54th Street with approximately 34 floors, 400 guest rooms, with a ground floor restaurant; and

WHEREAS, The exterior and interior of the Booth Theater were designated as individual landmarks in 1987 and has previously made one development rights transfer of 60,618 square feet of development rights to a receiving site located at 247-267 West 54th Street/910-928 Eighth Avenue/242-264 W. 55th Street, leaving approximately 35,398 square feet; and

WHEREAS, For the certification to be granted, several criteria must be met by both the receiving and granting sites:

1)      The Booth Theater must show how it has computed its available development rights and upon the transfer of 24,100 square feet of its unused development rights, will irrevocably reduce the development potential of that property by that amount;

2)      Once completed, the transfer is irrevocable;

3)      The maximum increase of FAR at the receiving site cannot exceed 20%, which in this case would increase the applicant's development FAR from 15 to 18;

4)      The receiving site must be located within the Theater Subdistrict;

5)      The Booth Theater must: contribute $14.91 per square foot of transferred floor area, for a total of $359,331 to the Theater Subdistrict Fund and its grant program to further the goals of the Theater Subdistrict but as the City Planning Commission is reviewing a proposal to increase the contribution to $17.60 per square foot, if the proposal is approved the Applicant will make the contribution to the Fund at that level, or $424,160; provide a signed lease or a written commitment from its owner for occupancy of the theater and its operation as a legitimate theater for a period of not less than five years; provide to the Department of City Planning and Landmarks Preservation Commission a licensed engineer's and/or architect's report certifying the theater is physically and operationally sound so as to permit its use as a legitimate theater and were it not, it would have required a plan, program, and timetable to upgrade the theater to make it so; a legal commitment providing for the inspection and ongoing maintenance of the theater to ensure its continued availability for theater use; and a legal commitment for its continued use as a legitimate theater for the life of the related development at 237 West 54th Street; and

WHEREAS, Upon review, Community Board Five believes that all of these criteria have been met or will be met upon the granting of the CPC Certification; and

WHEREAS, Although the applicant has met these criteria, Community Board Five has several concerns pertaining to this project in particular as well as to the surrounding neighborhood, one that is just north of Times Square:

• Although this is an as-of-right building, it is being constructed midblock in a neighborhood experiencing extensive development, adding stress, traffic, noise and density;
• This project is being built at the same time two adjacent lots, one to the west at 250 West 55^th Street and one to the east at the corner of Broadway and West 54^th Street are also under construction with major projects, creating noise, dust, traffic and stress for the adjacent residential buildings;
• This block of West 54th Street will have multiple loading docks, creating multiple curb cuts and forecasting a likely rise in truck traffic;
• Although allowed, the one-story street wall of this project at 237 West 54th Street could be a better contribution to the neighborhood's streetscape if it were built at a height that reflected the street wall off the adjacent buildings and the generally higher street wall character of the surrounding blocks; and

WHEREAS, The applicant has agreed to work with a community liaison to help receive and address neighborhood issues pertaining to the construction site; and

WHEREAS, Community Board Five acknowledges that this applicant has met the criteria for this transfer and that the Theatre Subdistrict Fund will receive a significant contribution, but because of larger policy issues raised by this neighborhood's extensive development strongly urges:

1)      The Department of City Planning to examine revising the street wall regulations in Midtown to ensure that new buildings reflect the strong street wall context of Midtown and potentially apply a minimum street wall height of 50 feet as is the case for new buildings within the Theater Subdistrict Core; 

2)      The Department of City Planning to consider the feasibility of allowing an applicant to waive the loading dock requirement for those buildings on relatively narrow lots and where a loading dock or multiple loading docks exist on an adjacent property provided that site on-street loading will not unduly inhibit vehicular or pedestrian movement.  This waiver would allow for some relief on blocks like West 54^th Street, which have a concentration of loading docks;  

3)      The Department of Buildings to coordinate with residents of the block to ensure that the three very significant new buildings being built on West 54^th Street between 8^th Avenue and Broadway, adding hundreds of thousands of new square feet to the block, are constructed so as to minimize the interruption to residents' lives and to ensure that residents are aware of relevant construction schedules and timelines;

4)      The Department of City Planning to take into consideration the density of the immediate area around the receiving site as one criterion when making the determination whether a transfer of air rights to a particular site is appropriate; and therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a CPC certification pursuant to Zoning Resolution Section 81-744(a) to allow the transfer of 24,100 square feet of theater development rights from the Booth Theater to a development site located at 237 West 54th Street.

The above resolution passed by a vote of 35 in favor, 2 opposed, 1 abstaining.

WHEREAS, In the New York City Zoning Resolution, (E) designations are applied during the City Environmental Quality Review (CEQR) process to account for environmental conditions that are likely to exist on sites not under the control of an applicant; and

WHEREAS, These environmental conditions could pertain to hazardous materials, air quality or noise and with an (E) designation, the City can undertake re-zonings and meet CEQR mandates by ensuring that potential environmental conditions will be addressed at the time of development; and

WHEREAS, The (E) Program was created by the Department of City Planning in 1983, is administered by the Office of Environmental Remediation (OER), and enforced by the Department of Buildings (DOB); and

WHEREAS, The (E) Program was not designed to address general public health and safety but instead to be used in connection with the environmental review of proposed discretionary development that could result in an environmental impact and where immediate remediation is not feasible; and

WHEREAS, With these proposed changes, the (E) Program will now include all actions under the Zoning Resolution, including Special Permits and Authorizations; and

WHEREAS, This proposed revision is intended to streamline the administration of the (E) Program, enhance its existing enforcement mechanisms, update and clarify Program-related provisions in the zoning text, and overall, to improve efficiency, record-keeping, and transparency in its administration to the benefit of property owners, land use practitioners and City agencies; and

WHEREAS, Community Board Five is concerned that the enforcement confusion this text amendment is designed to clarify may result in situations where mitigation measures have not been adequately monitored or enforced so we urge the Department of City Planning, Office of Environmental Remediation, and Department of Buildings and any other relevant agencies to coordinate and determine if this may have been the case and put in place any corrective measures and allow any strengthened enforcement mechanisms to apply retroactively; and

WHEREAS, Community Board Five believes that to advance the goal of transparency, one of the stated goals of this text change, that the City retroactively apply (E) designations to those sites where in the past restrictive declarations were put in place to ensure that the (E) designations list in the Zoning Resolution and on the Zoning Map reflect all sites where mitigation is required; and

WHEREAS, Community Board Five believes the City should consider the creation of a designation similar to the (E) designation to record potential service and infrastructure impacts such as on school seats, sanitation, open space and traffic to ensure that as development occurs, there is a careful monitoring of whether adequate services exist to accommodate the influx of new residents, workers, or visitors; and

WHEREAS, Community Board Five also recommends that the City look at some of these issues much more proactively and not wait for a CEQR review in order to determine whether remediation is necessary; and

WHEREAS, Community Board Five supports the goals of streamlining and strengthening the (E) Program but urges adequate resources and oversight to its enforcement; and therefore be it

RESOLVED, That Community Board 5 recommends approval of the proposed revision by the Department of City Planning to the City-wide Zoning Resolution to streamline and improve the zoning regulations governing environmental ("E") designations, Section 11-15.

The above resolution passed  by a vote of 37 in favor, 0 opposed, 2 abstaining.

WHEREAS, Mokwoo Kim, on behalf of C 32 K NY Inc. ("Applicant"), has notified Community Board Five of its intention to file an application to renew an existing wine and beer license for the 2^nd Floor restaurant located at 10 West 32nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises"); 

WHEREAS, The Premises has been operated for the past three years as a restaurant; and

WHEREAS, The Premises consists of approximately 2,500 square feet on the second floor; and

WHEREAS, The total capacity of the Premises is 74; and

WHEREAS, The Premises has only one means of egress; and

WHEREAS, The Applicant has agreed that Applicant shall:

1)      Obtain a necessary water line to accommodate the installation of a sprinkler system in the Premises;

2)      Install a sprinkler system throughout the Premises;

3)      File an Alt 1 application with the New York City Department of Buildings with respect to said work;

4)      Cause an amendment to the Certificate of Occupancy for the Premises to be issued which permits operation of the Premises despite having only one means of egress; and

5)      Shall, at all times strictly enforce the legal occupancy maximum of 74 persons; and

WHEREAS, Although members of the public remain concerned about the density of licenses in this area, no members of the public expressed opposition to the application; 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 C 32 K NY Inc. to renew an existing wine and beer license for the 2^nd Floor restaurant located at 10 West 32nd Street (between Fifth Avenue and Broadway), 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 38 in favor; 0 opposed; 1 abstaining.

WHEREAS, Hyong Kun Yi, on behalf of KLP Entertainment Inc. ("Applicant"), has notified Community Board Five of its intention to file an application to alter an existing on-premises liquor license for the 3rd^th Floor karaoke bar/restaurant located at 11 West 32nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises"); 

WHEREAS, The Premises is a restaurant and karaoke bar consisting of approximately 9,000 square feet on the 3^rd and 4th floors; and

WHEREAS, The total capacity of the Premises is 124 on the 3rd floor and 63 on the 4th floor; and

WHEREAS, Only the third floor space is licensed with 2 patron bars and no service bars and Applicant seeks to alter the existing license to add a legal bar on the 4^th floor; and

WHEREAS, Applicant was fined in 2010 for illegally serving alcohol on the 4^th floor without a license; and

WHEREAS, The Applicant has failed to 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 3^rd and 4th floors; and

WHEREAS, Use of the Premises on the 3^rd floor is illegal because occupancy by 124 persons requires a Place of Assembly Certificate of Operation, which the Applicant is operating without; and

WHEREAS, Members of the public expressed concern about the illegal operation of the Premises as well as concerns about the density of licenses in this area; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by KLP Entertainment Inc. to alter an existing on-premises liquor license for the 3rd^th Floor karaoke bar/restaurant located at 11 West 32nd Street (between Fifth Avenue and Broadway), New York, New York.

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining.

WHEREAS, Sean Josephs, on behalf of CRJ RESTAURANTS LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for the ground floor restaurant located at 15 West 26th Street (between Broadway and Sixth Avenue), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,500 square feet on the ground floor, not all of which will be available for patron use, and additional square footage in the basement with the precise plans and layout to be determined before the applicant applies to the SLA; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a total of approximately 35 tables, 100 seats, and 25 bar stools, with a full kitchen; and

WHEREAS, The total capacity of the Premises is 175; and

WHEREAS, The Premises includes 1 patron bar; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      agree to keep the establishment exclusively as a restaurant, with hours of operation from 12pm to 1am Sunday through Thursday, and 12pm to 2am Friday and Saturday;

2.      keep the kitchen fully operational until no earlier than an hour before closing time;

3.      agree to close doors and windows to the street by 10pm Sunday through Thursday and 11pm Friday and Saturday

4.      not apply for a cabaret license or a sidewalk cafe;

5.      not hire outside promoters;

6.      not incorporate a DJ or live music, and agree to keep the stereo ambient music conducive to an eating establishment only;

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

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

9.      not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance;

10.  submit final floorplans and specifications to CB5 as soon as they are ready and no later than the applicant's submission to the SLA;

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

WHEREAS, No members of the public expressed opposition to the application; 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 Sean Josephs 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; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by CRJ RESTAURANTS LLC for a new liquor license for the ground floor restaurant located at 15 West 26th Street (between Broadway and Sixth 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 38 in favor; 0 opposed; 1 abstaining.

WHEREAS, Won Ok Lee, on behalf of JOI 23 CORP. ("Applicant"), has notified Community Board Five of its intention to file an application to renew an existing on-premises liquor license for the 4^th Floor restaurant located at 23 West 32nd Street (between Fifth Avenue and Broadway), New York, New York (the "Premises"); 

WHEREAS, The Premises is a karaoke bar consisting of approximately 1,920 square feet on the fourth floor; and

WHEREAS, The total capacity of the Premises is 46; and

WHEREAS, The Premises has one means of internal egress and a second means of egress through a rear exiting fire escape window, to which Applicant has provided access by installing a metal staircase; and

WHEREAS, The Applicant has agreed that Applicant shall, since this building does not have a Certificate of Occupancy because it was built prior to 1938, provide a "Letter of No Objection" from the New York City Department of Buildings, stating that the DOB does not object to the use of the Premises for this operation specifically for the 4th floor; and

WHEREAS, Although members of the public remain concerned about the density of licenses in this area, no members of the public expressed opposition to the application; 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 JOI 23 CORP. to renew an existing on-premises liquor license for the 4^th Floor restaurant located at 23 West 32nd Street (between Fifth Avenue and Broadway), 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 38 in favor; 0 opposed; 1 abstaining.