Resolutions: October 2008

WHEREAS, The applicant is applying to install an unenclosed sidewalk café at 39 West 55th Street,

WHEREAS, The proposed sidewalk café would have 5 tables and 10 seats and would occupy a width of 4’6,” and a service aisle of 3 feet, leaving 7’5” of sidewalk space for pedestrian traffic;

WHEREAS, the sidewalk space left for pedestrian traffic would be reduced to less than 8’, the minimum code requirement;

WHEREAS, the location of the proposed sidewalk café is on a street with many restaurants (including restaurants with both sit down service and take-out) that cater to a “lunch crowd” and heavy pedestrian traffic; and

WHEREAS, the width of this sidewalk café as proposed does not meet the minimum code requirement and Community Board Five believes that due to pedestrian congestion this location should keep a pedestrian clear pathway larger than 8 feet; and

WHEREAS, Community Board Five believes the presence of this sidewalk café would adversely impact the pedestrian traffic on the north side of 55th Street, therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a revocable consent for an unenclosed sidewalk café at 39 West 55th Street.

WHEREAS, The applicant is applying to hold a special event named “Grow Involved for the Holidays Family Fun’Raiser” on Sunday  November 16, 2008 on 27th Street between Park and Lexington Avenues, in coordination with and directly in front of Blue Smoke and Jazz Standard, 116 East 27th Street; and

WHEREAS, The event is for children and families to participate in a “hands-on” service fair, to teach children about getting involved in community service; and

WHEREAS, There is no charge to participants for the event; and

WHEREAS, No activities will take place on the street or sidewalk but a 20’ x 75’ tent will be constructed partially on the sidewalk and over one lane of 27th Street.  Arts and crafts and a guitar performance will take place inside the tent; and

WHEREAS, An individual performer will sing and play the guitar with an amplifier inside the tent for two 45-minute sets from 11:00 am to 11:45 am and from 12:15 pm to 1:00 and applicant will procure an appropriate sound permit from the 13th Police Precinct; and

WHEREAS, Food and drink will be served only inside the restaurant; no food or drink will be served outside or in the tent; and

WHEREAS, Set up for the event will begin at 5:00 AM and break down will be completed by 5:00 PM; and

WHEREAS, The Applicant has submitted a written schedule and plan for sanitation during and after the event; and

WHEREAS, The Applicant has submitted a written safety and security plan providing for 2 to 3 special event security guards with NYC Fire Guard Certificates throughout the event and approximately three 13th Precinct Community Affairs Officers will also be present during the event; and

WHEREAS, The street on which the event will take place is mainly commercial, with residential buildings only at the east end of the street, sufficiently away from the location of the event so that any disturbance to residents should be minimal; and

WHEREAS, There were no complaints received regarding this identical event which took place a year ago; and therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Children for Children for a Special Event Street Activity Permit on Sunday November 16, 2008 on 27th Street between Park and Lexington Avenues.

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

WHEREAS, MTA wants to replace security concrete planters with security bollards to improve security of Pennsylvania Station, and protect it from certain types of terrorist attacks, and

WHEREAS, Penn Station is a major transportation hub with 1100 pedestrians per minute at rush hour or 69,240 people entering and leaving the station in one hour, and

WHEREAS, The NYPD issued a report underscoring that the current security measures to protect Penn Station's perimeter are inadequate and vulnerability is based on loss of life and not property, and

WHEREAS, The MTA proposes to install stainless steel 36 inch high security bollards spaced 4 feet apart, to replace existing large concrete planters, and

WHEREAS, Bollards would be located on both private property (Vornado Realty, on the perimeter of 31st Street from 7th Avenue to 8th Avenue) and on City property, under the authority of the NYC Department of Transportation, at the following locations:

• 33rd Street from 7th to 8th Avenue,
• 8th Avenue from 31st to 33rd Streets,  
• in front of the main entrance to Penn Station on 7th Avenue from 31st Street to 33rd Street, starting from the left upper entrance steps to the right upper entrance steps,
• the LIRR 34th Street entrance, and

WHEREAS, The bollards would be located 15 feet from the curb line on the 7th Avenue side, and

WHEREAS, The proposed location of bollards is determined in part by electrical and mechanical equipment, located underneath the sidewalk, and

WHEREAS, The MTA proposes to relocate bus stops for the M10 bus line as follows:

• make the stop on 7th Avenue between 33rd & 34th Street the new last stop, 
• make the stop on 8th Avenue between 34th & 35th Street the new first stop and
• make the stop on 31st street between 7th & 8th Avenues as the layover stop, and

WHEREAS, The construction would be performed in two phases:

• First Phase: the north half of bollards would be installed, construction would be performed at night between the hours of 10 pm and 5 am, during the day & rush hours, all entrances would remain open and unrestricted,
• Second Phase: the south half of bollards would be installed, and

WHEREAS, The maintenance (repairs, stickers & graffiti removal) will be performed by Vornado Realty, Madison Square Garden, or MTA Long Island Rail Road, depending on the location of the bollard, and

WHEREAS, The budget for the bollards is $15M and is funded by the Metropolitan Transportation Authority, and

WHEREAS, The pedestrian improvement proposed by DOT and approved by CB5 (Nov 2006) will expand the curb line on the west side of 7th Avenue in front of Pennsylvania Station, between 31st and 33rd Streets by 6 feet, creating a wider pedestrian travel environment, and 

WHEREAS, Community Board 5 has expressed concerns that the proposed bollards could negatively impact pedestrian traffic, particularly in front of Penn Station on 7th Avenue, but recognizes that the sidewalk enlargement will help reduce the negative impact and the proposed bollards are less intrusive than existing planters and,

WHEREAS, The seriousness of the threat to the major transportation hub outweighs the negative pedestrian traffic impact, therefore be it,

RESOLVED, That Community Board 5 recommends approval of the installation of the security bollards as proposed by MTA.

WHEREAS, 54 West 21st Street is a commercial office building located between Fifth Avenue and Avenue of the Americas in the Ladies Miles Historic District; and

WHEREAS, The ground floor tenant of this building has submitted an application to the Landmarks Preservation Commission seeking permission to install awnings within the three window bays at the ground floor level; and

WHEREAS, Each of the proposed fabric window awnings are approximately 7’-0” wide X 4’-0” deep and would be embossed with the signage for the ground floor tenant; and

WHEREAS, we believe that the design and placement of the proposed awnings is in accordance with The New York City Landmarks Preservation Commission Rules; and

WHEREAS, The applicant is also seeking for Landmarks Preservation Commission to legalize a flag pole that had been installed by a previous tenant of this space; and

WHEREAS, The applicant has presented an historic photograph, taken just prior to the designation of the district, and has indicated that the flagpole had been previously in place, however current photographs indicate this flagpole had been slightly relocated; and

WHEREAS, Anyone seeking to perform alterations to a building within an historic preservation district must apply for and receive permission from the Landmarks Preservation Commission; and

WHEREAS, Although we have no objection to the design or the placement of the proposed window awnings, Community Board Five has had a general policy of not approving illegally performed work on landmarked buildings in Historic Districts; therefore be it

RESOLVED, Community Board Five recommend denial of the application for permission to install the proposed awnings and for the legalization of the flagpole at 54 West 21 Street.

The above resolution passed by a vote of 22 in favor; 0 opposed; 2 abstaining.

WHEREAS, 866 Broadway (between 17th and 18th Streets), located in the Ladies Mile Historic District, is a four-story Greek Revival style townhouse originally constructed in 1847-1848 and altered in 1922, and

WHEREAS, The applicant is refurbishing the entire building consisting of residential upper stories with ground floor retail, and

WHEREAS, The applicant intends to restore, refurbish and replace missing historic elements including:

• removal of non-historic windows and installation of new 2/2 double hung wood windows to match the historic condition
• return of all window openings to their original size
• removal of all paint from the front façade, perform necessary re-pointing and selective brick replacement to match the historic condition
• repair the cornice, lintels, and sills
• repair existing and replace missing iron fire shutters on rear façade
• replace deteriorated, stucco-parged brick at the rear elevation with new brick to match the historic condition
• removal of the non-contributing fire escape
• replace non-historic aluminum storefront with a new wood and glass configuration more appropriate to the district, and

WHEREAS, The applicant's proposed storefront, sign, and lighting replicate the configuration, size, and locations previously approved by Community Board Five for the adjacent, similar building 864 Broadway, and

WHEREAS, No exterior security grates are proposed; and

WHEREAS, Code compliance measures and modernization improvements will not detract from the historic fabric such as:

• the existing bulk head is to be removed and a new bulkhead will be constructed on the roof of the building and along with the new roof top railings, skylights and mechanical equipment, will be minimally visible from the public right-of way
• commercial air conditioning unit and sound attenuating baffle will be placed in the rear yard (not roof) and will not be visible from the public way
• new residential door light is a modern design yet references historic elements, therefore be it

RESOLVED, That Community Board Five Landmarks Committee recommends approval of this application for renovation of a four-story Greek Revival style townhouse at 866 Broadway between 17th and 18th Streets.

WHEREAS, The applicant,  Dezer Properties 133 LLC, has owned 133 Fifth Avenue since 1981 and has filed an application for an authorization pursuant to Sec. 15-20(b) of the Zoning Resolution to allow conversion of commercial floor area to residential use on floors four through nine and addition of an accessory residential rooftop penthouse in an existing building; and

WHEREAS, The applicant plans to make floors four through nine into condominiums and preserve floors one through three as commercial space; and

WHEREAS, Floors four through eight are currently vacant following tenant relocation, which included  the fifth floor tenant's  move into another applicant-owned building; and

WHEREAS, New construction is limited to a proposed 638 square foot residential rooftop addition plus mechanicals, which will result in a building with a total floor area that remains below the permitted maximum in a 10.0 FAR for C6-4M zoning districts; and 

WHEREAS, The Landmarks Preservation Commission ("LPC") voted to issue a Certificate of Appropriateness for restoration and enlargement on June 27, 2006 following receipt of a final restrictive declaration, cyclical maintenance plan and specifications for the proposed renovation of the premises; and

WHEREAS, Community Board 5 voted in favor of this application at its May 2006 meeting by a vote of 25 in favor, 15 opposed, 1 abstention; and

WHEREAS, The restrictive declaration requires any future owner of the building to carry on the maintenance of the building; and

WHEREAS, While Community Board 5 understands that floors four through eight are vacant and that this property is not well suited for commercial use it remains concerned that the conversion of many commercial buildings to residential use has reduced the amount of Class B office space available in the city making it difficult for small businesses and non-profit organizations to find space; therefore be it

RESOLVED, That Community Board 5 recommends approval of the application of Dezer Properties 133 LLC for an authorization pursuant to Sec. 15-20(b) of the Zoning Resolution to allow conversion of commercial floor area to residential use.

The above resolution passed by a vote of 24 in favor, 0 opposed, 2 abstaining.

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WHEREAS, 245 Park Avenue is a 44 story building that was constructed in 1966 and runs from East 46th  Street to East 47th  Street and from Park Avenue to Lexington Avenue; and

WHEREAS, The building was constructed on as of right basis and received bonus floor area for several plazas and arcades; and

WHEREAS, In 2002 the City Planning Commission granted approval of application N020254ZCM which permitted the applicant, BFP 245 Park Avenue LLC, to establish an open air café in the portion of the plaza Lexington Avenue and East 46th  Street; and

WHEREAS, The café is 1,381 square feet with 66 feet of frontage on Lexington Avenue and  35 feet of front on East 46th  Street; and

WHEREAS, The plazas, which were constructed under the 1961 plaza standards, were upgraded by adding new moveable chairs, fixed tables, planters, bike racks, lighting and signage; and

WHEREAS, Under the Urban Plaza regulations applicable in 2002 when the City Planning Commission originally approved the café, certifications were for three years and required renewal at the end of that time period; and

WHEREAS, The applicant submitted ULURP application N060039ZCM for renewal of the café on July 22, 2005; and

WHEREAS, Subsequently the sections of the zoning text dealing with open air plazas were amended to require that open air cafés are still subject to certifications every 3 years but there is no longer a provision for renewal; and

WHEREAS, The applicant withdrew application N060039ZCM and submitted applications N090109ZCM and N090100ZCM which will supersede and replace the previous open air café certification approved by the City Planning Commission in 2002; and

WHEREAS, The applicant has placed new signage indicating the days and hours of operation of the café as required under the new regulations; and

WHEREAS, The applicant is also seeking approval for a new entrance to Grand Central Terminal midway between Park and Lexington Avenues on East 47 Street as part of  a new Cross 47th Street Passageway being built in connection with the East Side Access project for the Long Island Railroad; and

WHEREAS, The entrance will be 42 feet wide and occupy 796.25 square feet of the arcade; and

WHEREAS, The applicant and the Metropolitan Transportation Authority (MTA) have signed an Easement Agreement granting the MTA a permanent easement to the area being used for the entrance; and

WHEREAS, The area of the arcade being used for the entrance was not utilized to generate bonus floor area when the building was constructed in 1966; therefore be it

RESOLVED, That Community Board 5 recommends approval of applications N090109ZCM and N090100ZCM.

The above resolution passed by a vote of 24 in favor, 0 opposed, 2 abstaining.

WHEREAS, Body Face Music has applied for a permit to hold a rock-and-roll concert at the South Plaza at Union Square Park on November 6; and

WHEREAS, The hours will be 3PM –6PM including setup and breakdown, and the expected attendance is 50 invited people; and 

WHEREAS, The Applicant stated the date might change due to personal conflicts, but that they would accept any non-greenmarket weekday acceptable to the Parks Commission; and

WHEREAS, The band will consist of four members and will only perform songs with lyrics appropriate to a family-friendly venue; and

WHEREAS, The Applicant has obtained a sound permit, and has agreed to keep the amplified sound at a moderate decibel level; and

WHEREAS, The Applicant has agreed not to sell any merchandise but to distribute its own CD without charge; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Body Face Music, Inc. to hold a concert event in Union Square Park on November 6, 2008. 

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

WHEREAS, Patricia Wischan-Rosen/The Christian City Church, has applied to have a musical performance/sing along on the South Plaza of Union Square Park on Sunday, October 26th with Sunday, November 2nd as a rain date; and

WHEREAS, The event will take place on Sunday October 26th with a set-up at 4pm, a performance from approximately 4:30 to 5:30 and all clean-up completed by 7pm; and

WHEREAS, The Church expects about 250 people, and will be passing out free CD's of the music that the Church performs; and

WHEREAS, The applicant has been holding the performance to pray for and memorialize the victims of 9/11 since 2001; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Patricia Wishchan-Rosen/The Christian City Church, to have a musical performance/sing along on the South Plaza of Union Square Park on October 26th, 2008 

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

WHEREAS,  The J. Walter Thompson Agency, on behalf of DeBeers and the Forever Diamond Campaign, has applied to create an installation in Madison Square Park and hold an event over six days during the first week of December, 2008; and

WHEREAS, The installation will be a metal and cable structure containing 60-100 cameras set up in a circle to provide a dynamic photo/video of participants under twinkling lights.  The participants will receive, for free and via e-mail a "Matrix" style rendition of themselves in the structure.  The DeBeers diamond symbol, made from mistletoe on a 7' square frame, will be attached to the top of the installation; and

WHEREAS, the applicant has requested from the Parks Commission and the Madison Square Parks Conservancy the date of the first week in December, with a back-up date of the second week of December, however no final date has been agreed to by the participants; and

WHEREAS, The applicant anticipates requiring two days to fully install the structure and cameras, and operating the event over four days, with tear-down being completed at the end of the fourth day; and

WHEREAS, Construction set up and maintenance for this event will include:

• Consideration of safety in the construction and installation of the design sculpture of the structure.
• Providing on-site security.
• Providing on-site medical services.
• Vehicles driven onto parkland solely for set up and break down.
• Amplified sound at event for which the applicant will secure a permit through the NYPD.
• Adequate insurance for the event; and

WHEREAS, The applicant has agreed to provide additional information for review by the CB5 Parks Committee before the next meeting on November 3, 2008 including:

• Updated hours of operation. 
• A full site plan.
• Examples of design and dimensions for signage.
• Updated predictions of anticipated visitation and participation with a plan for how to coordinate foot traffic; and 

WHEREAS, Participants will not be charged a fee and no food or merchandise will be sold but free items will be distributed, including pamphlets, hand bills or advertising materials; and

WHEREAS, The CB5 Parks Committee recognizes the importance of the Madison Square Park Conservancy involvement in the event and their ability to protect the interests of the Park and the Board understands the importance of the event to the Conservancy and the Park; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by The J. Walter Thompson Agency, on behalf of DeBeers and the Forever Diamond Campaign, to create an installation in Madison Square Park and hold an event over six days during the first week of December 2008. 

WHEREAS, A proposal has been received from Dentsu Communications, to hold a Promotional and Sampling Event in Father Duffy Square on November 13, 2008, from 7:00 am to 1:00 pm, with set up starting at 12:00 am and clean up ending by 5:00 pm; and

WHEREAS, The event would promote Heat Tech, a line of thermal innerwear clothing from clothing manufacturer Uniqlo; and

WHEREAS, The event would feature a human vending machine measuring approximately 8.21 feet high by 19.69 feet wide by 7.88 feet deep from which four people would distribute free product samples to the public; and

WHEREAS, Commercial signage advertising the clothing line would be prominently featured on the vending machine; and

WHEREAS, No site plan for the event was presented, potential conflicts with the area of the TKTS booth had not been considered by the applicant, Father Duffy Square is an inappropriate place for an event of this size, and this is a commercial event; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by Dentsu Communications, to hold a Promotional and Sampling Event in Father Duffy Square on November 13, 2008, from 7:00 am to 1:00 pm. 

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

WHEREAS, Promotions-USA LLC has applied to hold a major event featuring the NBA (National Basketball Association) "Tip-off" in the South Plaza of Union Square on Tuesday, October 28th; and

WHEREAS, The event will feature a nationally broadcast press conference by the Commissioner of Basketball, various sponsor events, celebrity basketball games and community basketball clinics; and

WHEREAS, The event will begin with a set-up at 8pm on Monday, October 27th after the Greenmarket has closed, be live from 9am to 7pm, and will conduct a tear-down, or "load-out"  until midnight; and

WHEREAS, Construction for this event will be extensive, including:

• a 30'x 30' hospitality tent
• a red carpet leading from the tent to a 40'x 60 elevated basketball court
• four cars provided by KIA, one of the event sponsors
• two 10'x 10' tents for Footlocker, another event sponsor
• a 15'x 15' inflatable tent for the NBA
• a DJ/Video broadcast tower; and

WHEREAS, Under normal circumstances, Union Square Park is heavily used during the day, and currently, while construction to the North End of the Park is underway, the South End and the steps are particularly heavily used, and

the proposed event will block the area entirely; and

WHEREAS, The proposed barricades on the sidewalks on the eastern side of 14th Street and the southern side of Broadway will cause potentially dangerous disruption to pedestrian flow; and

WHEREAS, The applicant did not provide final Security, Garbage and Signage Plans, a detailed schematic of the placement of corporate logo plans or a Revised Site Map to the Community Board; and 

WHEREAS, Although the applicant and the NBA have agreed to offer free basketball clinics to community children, no confirmation of the participation by the Association or any player was offered; and

WHEREAS, Community Board Five has repeatedly denied access to its parks for commercial events and this event prominently features corporate sponsors, logos and products which constitutes an excessively commercial use of Union Square Park; therefore, be it

RESOLVED, That Community Board Five recommends the denial of the application by Promotions-USA LLC to hold a major event featuring the NBA "Tip-off" in the South Plaza of Union Square on October 28th, 2008. 

WHEREAS, The applicant, TGAII, LLC, a/k/a Gansevoort Hotel, has notified Community Board Five of its intent to operate a hotel liquor license and rooftop bar and lounge for the premises located at 414-420 Park Ave South (presently under construction – anticipated completion date of January 2010); and

WHEREAS, This new hotel will be 20 stories with approximately 250 rooms; and

WHEREAS, The hotel liquor license will permit the hotel to offer room service to patrons and spa guests and will contain a catering hall, a bar/lounge on the ground/mezzanine floors, and a three-story bar/lounge on floors 18, 19, and 20; and

WHEREAS, The premises will also contain a restaurant which is not the subject of this application but will be provided for in a future application; and

WHEREAS, The ground floor and mezzanine level will have:

• one (1) full bar and one (1) service bar
• 1,500 square feet of bar/lounge space (ground)
• 400 square feet of bar/lounge space (mezzanine); and

WHEREAS, The third floor of the premises will have:

• a catering hall and pre-function space of approximately 4000 square feet
• an unenclosed terrace of approximately 1200 square feet used for catering events only with hours of operation until 12:00 midnight (and will not be in use every night); and

WHEREAS, The 18th floor of the premises will have:

• one (1) full bar; one (1) service bar and one (1) portable service bar
• approximately 4100 square feet of bar/lounge space enclosable by sliding glass doors
• an unenclosed balcony of approximately 160 square feet on the east façade (table service only – eleven (11) tables with banquette seating for eleven (11) persons and stool seating for eleven (11) persons)
• an unenclosed balcony of approximately 320 square feet on the north façade (table service only – twenty-six  (26) tables with banquette seating for twenty-six (26) persons and stool seating for twenty-six (26); and

WHEREAS, The 19th floor of the premises will have:

• one (1) full bar and one (1) service bar
• approximately 3000 square feet of bar/lounge space enclosable by sliding glass doors
• an unenclosed terrace of approximately 400 square feet on the east façade (table service only – four (4) tables with banquette seating for eight (8) persons each and two (2) tables with eight (8) chairs each
• an unenclosed balcony of approximately 430 square feet on the north east corner of the building (table service only – twenty-seven (27) tables with banquette seating for twenty-seven (27) persons and stool seating for twenty-seven (27) persons
• a pool deck area on the west side of the 19th floor containing approximately 800 square feet of enclosed deck space and approximately 1200 square feet of unenclosed deck space (table service only except for occasional special events); and  

WHEREAS, The 20th floor of the premises will have:

• one (1) service bar
• an unenclosed terrace of approximately 2000 square feet of bar/lounge space (table service only, except for occasional special events – forty-one (41) tables with banquette seating for forty-one (41) persons and stool seating for forty-one (41) persons, nine (9) small tables with two (2) chairs each, and five (5) large tables with eight (8) chairs each; and

WHEREAS, The sound system at the premises shall conform to the specifications recommended in the attached sound engineer's report. All amplified sound in the outdoor areas (other than the pool area) shall be turned off at 12:00 midnight Sunday – Thursday, and 1:00 a.m. Friday and Saturday; and

WHEREAS, The applicant (with written support from CB5) shall request a variance to increase the height of the parapet from 3'6" to 6' in order to minimize any sound that may emanate from the outdoor areas; and

WHEREAS, Waiting areas shall be designated within the premises to avoid any waiting lines outside the premises and of the five elevators in the building, two will be express to the roof area during peak times and special events; and

WHEREAS, The applicant has already begun discussions with nearby parking lots in order to address concerns re vehicular parking, double parking and off-site waiting of livery vehicles; and

WHEREAS, Michael Achenbaum (a principal of the applicant), his partner, head of security and architect met with CB5's Public Safety/Quality of Life Committee to address all concerns regarding this operation and he and his partner, with representatives from CB5, met again the following week with neighborhood representatives to ensure that all concerns had been met; and

WHEREAS, There was no opposition voiced by the public at either of these meetings; and

WHEREAS, The applicant offered to met with neighbors and CB5 on a regular basis if requested and also offered to provide a 24-hour hotline to a live manager or security director to immediately address any complaints from the community; and

WHEREAS, Applicant has agreed that should Michael Achenbaum and/or William Achenbaum ever not have the managing membership interest in the applicant and/or the operator of the premises, any potential transferee of such interest or management shall come before Community Board Five for approval prior to any such transfer of the liquor license; and

WHEREAS, Although it is not within the scope of CB5's input regarding the liquor license for the premises, in order to address residents' concern regarding the ambient light column on the building, the applicant encouraged residents to view the same light column on the downtown Gansevoort, which has not been a problem and also provided CB5 with a letter (attached) from his architect certifying that the light column has been approved by the Department of Buildings and is in compliance with the building code and zoning resolutions; and

WHEREAS, The applicant has agreed to adhere to all of the above in the form of a signed affidavit and to incorporate these conditions into the liquor license application method of operation and will submit to CB5 a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends denial of the hotel liquor license and rooftop bar and lounge for TGAII, LLC – a/k/a Gansevoort Hotel, located at 414-420 Park Avenue South (28th/29th)unless the above and attached conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

WHEREAS, There is currently no street sweeping by the New York Sanitation Department on the south side of 17th Street between Broadway and Fifth Avenue; and

WHEREAS, There is currently street sweeping on the north side of the same block, six days per week, but only for six public, non-commercial parking spaces; and

WHEREAS, The current muni-metered parking schedule, allowing commercial traffic only, for the rest of the same block is Monday-Friday from 8:00 a.m. to 6:00 p.m.; and

WHEREAS, There are several residential and commercial buildings on this short block along with eight restaurants, thereby creating a significant amount of debris; and

WHEREAS, The New York Sanitation Department has indicated that regularly scheduled street sweeping on both sides of this block can be accomplished through a request by CB5 for a scheduling change, including a request to DOT that the muni-metered parking schedule be changed to start at 9:00am so that street sweeping can occur between 8:00am and 9:00am; therefore be it

RESOLVED, That Community Board Five recommends advising the Department of Transportation and the New York Sanitation Department to revise its schedule to address current sanitary conditions on the block and to accommodate current parking regulations by having the muni-metered parking schedule changed to begin at 9:00am and sweeping both sides of the street between 8:00 a.m. and 9:00 a.m. Monday-Saturdays.

The above resolution passed with a vote of 23 in favor, 0 opposed, 1 abstaining.