Consents & Variances

WHEREAS, The above applicant seeks a permit to hold the 10th annual Big Apple Barbeque in Madison Square Park and on certain streets surrounding the park, causing the closure of Madison Avenue between 23rd and 26th streets; 23rd, 24th, and 25th Streets between Park and Madison Avenues; and 26th Street between Park and 5th Avenues on Saturday, June 9th and Sunday, June 10th, 2012; and

WHEREAS, The event will be held on Saturday and Sunday between the hours of 11am and 6pm, with set-up beginning late Friday night and clean-up following the event on Sunday, June 10^th; and

WHEREAS, Community Board Five has, through the efforts of the Madison Square Park task force, adopted a policy regarding large events in and around Madison Square Park; and

WHEREAS, That policy was passed unanimously by Community Board Five; and

WHEREAS, The applicant has complied with that policy and has signed a written Statement of Compliance acknowledging their understanding and acceptance of the Policy on Madison Square Park Events; and

WHEREAS, The applicant has provided a detailed plan and layout of their event; including sanitation, security, and post-event clean-up; and

WHEREAS, Members of the public expressed concerns about smoke near their apartments and the blockage of an entrance to a local business; and

WHEREAS, Those concerns seem to initiate specifically from the placement of one of the participating pit masters; and

WHEREAS, Union Square Hospitality Group agreed to rethink and/or rework their current plans to take these concerns into consideration; and

WHEREAS, Union Square Hospitality Group has a history of working closely and successfully with local authorities, members of Community Board Five, members of the public, and the Madison Square Park Conservancy; and

WHEREAS, Union Square Hospitality Group will make a donation of 10% of the total proceeds of this event to the Madison Square Park Conservancy to be directed toward maintenance and upkeep in the Park; therefore be it

RESOLVED, Community Board Five recommends approval of the Big Apple Barbeque in and around Madison Square Park on Saturday, June 9th and Sunday, June 10th, 2012; and be it further

RESOLVED, Community Board Five recognizes the importance of this monetary contribution the Madison Square Park Conservancy; however, given the size and duration of this event, and the overall impact to the park and surrounding community, Community Board Five recommends that the applicant consider a more substantial donation in the future, to be directed toward maintenance and upkeep of Madison Square Park.

The above resolution passed by a vote of 33 in favor; 4 opposed; 1 abstaining.

WHEREAS, The Applicant seeks a special permit to own and operate a new physical Fitness and Wellness center at 432-440 Park Avenue, between 56^th and 57^th Streets; and

WHEREAS, The proposed sight is a not yet built, 85-story building located at the site of the former Drake Hotel; and

WHEREAS, The proposed Fitness Center would be located on the 4^th, 6^th, and 7^th floors; and

WHEREAS, The Fitness Center would be a high-end facility offering amenities to both the building tenants as well as some private outside clients; and

WHEREAS, Those amenities would include a pool, sauna, private classes, gym facilities, children's workshops, and other programs designed for 'health longevity'; and

WHEREAS, The applicant will not be serving food or alcohol and has agreed not to apply for a liquor license or cabaret; and

WHEREAS, The applicant, Mr Wright, owns several other reputable physical Fitness facilities around the city; therefore, be it

RESOLVED, Community Board Five recommends approval of this special permit for a physical culture establishment at 432-440 Park Avenue.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Cafe Pushkin, is applying for a revocable consent for an unenclosed sidewalk café at41 West 57^th Street between 5^th and 6^th Avenues; and

WHEREAS, Members of CB5 expressed specific concerns about the amount of pedestrian traffic on this block; and

WHEREAS, The applicant has agreed to reduce the size of the sidewalk cafe to 6 tables and 12 seats thus lessoning the footprint and impact on pedestrian mobility; and

WHEREAS, The proposed sidewalk café would be partially recessed and would leave more than 12 feet for pedestrian traffic; and

WHEREAS, The applicant had agreed not to use any barriers, leaving the sidewalk clear from additional obstruction; and

WHEREAS, The applicant has agreed to close the proposed cafe by 10pm Sunday through Wednesday and by 11pm Thursday, Friday, and Saturday; and

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

RESOLVED, Community Board Five recommends approval of the application for a revocable consent for an unenclosed sidewalk café with 6 tables and 12 seats at 41 West 57^th Street. 

The above resolution passed  by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant (Planet Fitness) has submitted an application to legalize the operation of a physical culture establishment at 158 West 27^th Street; and

WHEREAS, The applicant is an experienced operator with other long established locations in the city; and

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

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

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

RESOLVED, Community Board Five recommends approval of the application for the legalization of a physical culture establishment at 158 West 27^th Street for the applicant, Planet Fitness.

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, 26^th Street Hospitality Group, located in the Giraffe Hotel is applying for a revocable consent for an unenclosed sidewalk café at 365 Park Avenue South between 26^th & 27thStreets; and

WHEREAS, The applicant has agreed to remove the south most 2 tables and 5 seats lessening the footprint of the sidewalk cafe to 8 tables and 16 seats; and

WHEREAS, The proposed sidewalk café would leave 8' 6'' of space for pedestrian traffic; and

WHEREAS, The applicant had agreed not to use any barriers, leaving the sidewalk clear from additional obstruction; and

WHEREAS, The applicant has agreed to close the proposed cafe by 10pm Sunday through Wednesday and by 11pm Thursday, Friday, and Saturday; and

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

RESOLVED, Community Board Five recommends approval of the application for a revocable consent for an unenclosed sidewalk café with 8 tables and 16 seats at 365 Park Avenue South, bet. 27^th and 28^th Streets. 

The above resolution passed by a vote of 29 in favor; 1 opposed; 1 abstaining.

WHEREAS, The Ancient Order of Hibernians wants to organize a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, August 18^th, 2012; and

WHEREAS, The Ancient Order of Hibernians is on record as excluding and/or discriminating against Gay and Lesbian organizations in their functions; and

WHEREAS, The discrimination practices of the Ancient Order of Hibernians are against Community Board Five's Street Activity Permit Policies; therefore, be it

RESOLVED, Community Board Five recommends denial of the application to hold a street fair on Avenue of the Americas between 42nd and 56th Street, on Saturday, August 18th, 2012.

The above resolution passed by a vote of 30 in favor; 1 opposed; 1 abstaining.

 WHEREAS, Community Board Five has received the following 32 applications for street festivals:

1) National Ethnic Coalition of Organizations, Inc., on Madison Avenue, between 42^nd and 57^th Streets, on Sunday, July 8(Mardi Gras Festival)

2) The Workmen's Circle, Inc., on Madison Avenue, between 42^nd and 57^th Streets, on Sunday July 29(Mardi Gras Festival)

3) Daytop, on Madison Avenue, between 42^nd and 55^th Street, on Sunday, August 19 (Clearview Festival)

4) Union Square Community Coalition, Broadway, between 17^th and 23^rd Streets, on Sunday, April 8 (Clearview Festival)

5) The Knights of Vartan Inc. on Broadway between 43rd and 44th streets on Sunday, April 22nd

6) The Sierra Club - Earth Awareness Day Festival, on Broadway, between 35^th and 39^th Streets, Saturday, April 28(Mardi Gras Festival)

7) Coalition of Italo-American Assoc. Inc.; on Broadway, between 47^th and 57^th Streets, on Sunday, May 13 (Mardi Gras Festival)

8) Midtown North Precinct/Midtown South Explorers Club/St. Francis Food Pantry, on Broadway, between 47^th and 57^th Streets, Saturday, July 14. (Mardi Gras Festival)

9) The Motion Picture Club/ Kidney Urology Foundation, on Broadway, between 47^th Street and 57^th Street, on Sunday, July 21 (Clearview Festival)

10) The Alliance of Guardian Angels, Inc. on Broadway, between 47^th and 57^th Streets, on Saturday, September 15(Mardi Gras Festival)

11) Holy Innocents, on Broadway, between 47^th and 57^th Streets, on Sunday, October 20 (Mardi Gras Festival)

12) St. Ceciles Scholarship Fund/23rd Street Association, Broadway, between 17^th and 23^rd Streets, on Sunday, November 4 (Clearview Festival)

13) Forum's Children's Foundation Inc., Ave of the Americas, between 42nd and 56th Streets on Saturday, May 19(Mardi Gras Festival)

14) International Immigrants Foundation, on Avenue of the Americas, between 42nd and 56th Streets, on Saturday, June 2 (Mardi Gras Festival)

15) Church of St. John the Baptist, on Sixth Avenue, between 23rd and 33rd Street, Saturday, June 23 (Mardi Gras Festival)

16) McBurney YMCA, 6th Avenue, between 14th and 23rd Streets, on Saturday, July 7 (Clearview Festival)

17) Avenue of the Americas Association, on Avenue of the Americas, between 42nd and 56th Streets, on Saturday, July 28 (Mardi Gras Festival)

18) Brazilian American Cultural Center Inc., on Avenue of the Americas, between 42nd and 56^th Street, on East 46thStreet, between Madison and 5th and on West 46th Street, between 5th and 7th Avenues on Sunday, September 2 (Mardi Gras Festival)

19) Midtown South Community Council, on 6^th Avenue, between 34^th and 42^nd Streets, on Sunday, November 4 (Mardi Gras Festival)

20) St. Bartholomew's Holiday Gift Expo sidewalk sale, on Park Avenue, between 50th and            51st Street from Friday, November 16th to Monday, December 24th

21) Project Dance Times Square/The Lambs Church, on 44th Street, between Broadway and 6th Ave, Saturday, April 21.

22) Earth Day New York, on Vanderbilt Avenue, between 42nd and 45th Streets, on Friday and Saturday, April 20 and 21

23) Fashion Institute of Technology, on 27th Street, between 7th and 8th Avenues, on Saturday, May 5

24) Church of Scientology, block party on 46th Street, bet. Broadway and 8th Avenues, Sunday, June 24 (Mardi Gras Festival)

25) Children's Leukemia Research Association, on 52nd Street, between 5th and Lexington, on Saturday, July 22 (Mardi Gras Festival)

26) St. Bartholomew's Church, on 52nd Street, between 5th and Lexington Avenues, on Saturday, September 1

27) 47th Street Block Association, on 8th Avenue, between 42nd and 57th Street, on Sunday, September 16 (Mardi Gras Festival)

28) Midtown North Community Council, on 8th Avenue, between 42nd and 57th Streets, on Sunday, October 7 (Mardi Gras Festival)

29) Times Square Church 25th Anniversary, on 51st Street, between Broadway and 8th Avenue, on Saturday, October 13, 2012.

30) Encore Community Services Annual Jazz Festival, 52nd Street, between 5th and 7th Avenues, on Saturday, October 20 (Mort and Ray Productions)

31) United War Veterans Council of NY, Inc. on West 53rd Street, between Ave of the Americas and 5th Avenue and East 53rd Street, between 5th and Madison Avenues, on November 12. (Mardi Gras Festival)

32) St. George Association NYPD Times Sq. Holiday Fair, on 45th Street, between 5th and 7th Avenues, on Saturday, November 10 (Mardi Gras Festival)

WHEREAS, The sponsors of these events have an indigenous relationship to Community Board Five; and

WHEREAS, These events have been held for many years without incident; and

WHEREAS, The sponsors abide by Community Board Five's Street Activity Permit Policies; therefore be it,

RESOLVED, Community Board Five recommends approval of the above-mentioned 32 applications.

The above resolution passed by a vote of 30 in favor; 1 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on the North East corner of West 49^th Street and Seventh Avenue; and

WHEREAS, The applicant was invited but failed to attend Manhattan Community Board Five's March 1, 2012 meeting of our Consents and Variances Committee ; and

WHEREAS, There are many existing newsstands in the vicinity, including directly across 49^th street at the South East corner of Seventh Avenue and West 49^th Street, and on the same block at the North West Corner of West 49^th Street and Avenue of the Americas, one block away at the South East corner of Seventh Avenue and West 50^th Street, and others; and

WHEREAS, In addition to the many newsstands, there are multiple retail stores in the vicinity which sell similar products; and

WHEREAS, The applicant has proposed that their newsstand would measure 10'-0" wide X 6'-0" deep X 9'-0" high, and, as is typical of the newsstands that Cemusa produces, this would include advertisement panels on its external walls; and

WHEREAS, Manhattan Community Board Five feels that an addition of a sidewalk structure at this location would create negative impact upon pedestrian traffic; and

WHEREAS, Manhattan Community Board Five feels that an addition of a sidewalk structure at this location, especially one which is clad in commercial advertisements, would create a visual impediment which would hinder the public enjoyment of this vibrant neighborhood; therefore, be it

RESOLVED, Community Board Five recommends denial of the application to install a newsstand on the North East corner of West 49^th Street and Seventh Avenue; and be it further

RESOLVED, Community Board Five urges the Department of Transportation to proceed with the pedestrian counts at this location during rush hour (5 PM - 6 PM) on a weekday.

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

Please be advised that after reviewing the application to extend the term of a special permit for a physical culture establishment within the Community Board Five District for New York Health and Racquet Club, 60 West 23^rd Street.   The Community Board Five's Consents and Variances Committee has no objection to the above request. 

WHEREAS, Wahoo's Fish Taco wishes to organize a street event to celebrate their opening; and

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

WHEREAS, The application appears to be completely commercial in nature, without any charitable component; and

WHEREAS, Community Board Five has particular concerns about street closures and the precedent that might be set by closing streets for purely commercial reasons; therefore be it

RESOLVED, Community Board Five recommends denial of the application to hold a street event on 25^th Street between Park Ave South and Lexington Ave., on Saturday April 14^th.

The above resolution passed by a vote of 30 in favor; 1 opposed; 1 abstaining.

WHEREAS, The applicant seeks to operate an existing reconstructed enclosed sidewalk café at 225 Park Avenue South (aka 111 East 18th Street); and

WHEREAS, The original application for this sidewalk café was approved for a larger footprint in March of 2008 under a different owner; and

WHEREAS, It was later determined that the existing café was too near the underground Con-Ed generator vaults; and

WHEREAS, This new applicant reconstructed the existing enclosed sidewalk café adding back an additional three feet of sidewalk space thereby making it compliant with DCA regulations; and

WHEREAS, There were no complaints on file and no one was present to speak against this application; therefore be it

RESOLVED, That Community Board Five recommends approval of the existing enclosed sidewalk at 225 Park Avenue South / 111East 18th Street. Thank you for the opportunity to comment on this matter.

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

WHEREAS, The applicant seeks to install and operate a newsstand at the Southeast corner of 7th Avenue and Central Park West; and

WHEREAS, An application for a newsstand at this same location was denied by the Design Commission in March of 2009 because it blocked the view of the 'PARK UNFOLDING'; and

WHEREAS, The New York Athletic Club, a landmarked building, is located at this same street corner (59th Street and 7th Avenue) and is sponsor to many major amateur athletes, as well functioning as a hotel and center for business and social events; and

WHEREAS, The NY Athletic Club has a picture window which has a singular view of Central Park which would be obstructed by the presence of the proposed newsstand; and

WHEREAS, Several members of the club and general public were present to speak to these issues, and

WHEREAS, This location, in the corridor leading from Times Square to Central Park, has extremely heavy pedestrian traffic; and

WHEREAS, The presence of additional street furniture could potentially cause pedestrians to walk into street traffic at this already extremely dangerous street corner; and

WHEREAS, Pedestrians in street traffic create a particularly dangerous situation; therefore be it

RESOLVED, That Community Board Five recommends denial of a newsstand at the corner of 7th Avenue and Central Park South; and be it further

RESOLVED, That Manhattan Community Board Five urges the New York City Department of Transportation to proceed with the pedestrian counts at this location during rush hour (5 PM - 6 PM) on a weekday.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SWC of Union Square West and East 15^th Street, and

WHEREAS, The applicant's measurements and schematic drawings are incorrect and therefore non-compliant with DCA and DOT regulations; and

WHEREAS, There is a required 35 feet of space between the main bank entrance and the Sketcher's retail space (which is broken down to include a required 15 ft of space between the bank entrance and the newsstand, 10ft for the newsstand itself, and the required 10 ft. of space between the newsstand and any retail entrance); and

WHEREAS, The above required total is 35 feet; the measurements subsequently done by members of Community Board Five show that only 24 ft. 10 inches of space actually exists;  and

WHEREAS, this distance is more than 10 ft. deficient from making it compliant; and

WHEREAS, Five individuals (Union Square Partnership / Victoria Owner's Corporation / Newark Knight Frank / Buchbinder & Warren LLC / 15 Union Square Condominium) presented information in the interest of the community surrounding the Union Square Park to oppose the proposed newsstand; and

WHEREAS, Their collective concerns involve:

a)  increased pedestrian traffic, specifically that there has been a 59% increase at intersections surrounding the Union Square Park between 2003-2008; and

b)  that a newsstand location would inhibit access along the narrow street that is Union Square West; and

c)  that this proposed newsstand would unnecessarily duplicate services already found in the immediate vicinity, specifically an existing newsstand in the NWC of 14^th Street and Union Square West and a 'brick and mortar'  convenience store between 15^th and 16^th - less than a block away; and

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

WHEREAS, The newly approved construction of a middle school and high school in CB5 on the South side of East 15th Street, between 5th Avenue and Union Square West should also be a consideration and although it is not yet constructed, once it is finished, the pedestrian traffic in that area will dramatically increase due to the student population that will be attending the school; 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; 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 SWC of Union Square West and East 15^th Street; 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 urges DOT to proceed with the pedestrian counts at this location on any weekday between 5pm and 6pm.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on the South East corner of Avenue of the Americas and West 55^th Street; and

WHEREAS, The South East corner of Avenue of the Americas and West 55^th Street is the site where a Robert Indiana LOVE sculpture is installed within an amenity plaza in the property lines of 1350 Avenue of the Americas; and

WHEREAS, The presence of this newsstand would impede the sightlines and accessibility to the popular Robert Indiana sculpture; and

WHEREAS, Pedestrian traffic on both Avenue of the Americas and West 55^th Street is extremely heavy, and in addition the LOVE sculpture receives visitors and sightseers who congregate to both admire this work of art and take photographs; and

WHEREAS, The Design Commission has previously turned down applications for a newsstand at this exact location; and

WHEREAS, The applicant has proposed that their newsstand would measure 12'-0" wide x 6'-0" deep x 9'-0" high, which would be the largest size newsstand that Cemusa produces, and would include advertisement panels on its external walls; and

WHEREAS, The proposed newsstand would be installed to the north of the unenclosed bus stop for the M5/M7 lines, and to the south of QM1/QM5/QM6 lines, which has a Cemusa shelter that includes advertisement panels on one external and one internal wall; and

WHEREAS, Members of Community board Five feel that this additional intrusion between the two bus stops would impede foot traffic attempting to board these very busy bus lines; and

WHEREAS, There are existing newsstands in the vicinity, the nearest being across the street at the North West corner of Avenue of the Americas and West 55^th Street as well as many 'brick and mortar' vendors in the area who sell similar items; and

WHEREAS, According to the sketches provided by the applicant, the proposed newsstand would be 17'-0' south of an existing street light, 11'-6' north of an existing fire hydrant, and 13'-0" west of 1350 Avenue of the Americas property line; and

WHEREAS, Manhattan Community Board Five feels that the addition of a sidewalk structure at this location would create negative impact upon the already heavy pedestrian traffic; therefore be it

RESOLVED, That Manhattan Community Board Five recommends denial of the application to install a newsstand on the South East corner of Avenue of the Americas and West 55^th Street; and be it further

RESOLVED, That Manhattan Community Board Five urges the New York City Department of Transportation to proceed with the pedestrian counts at this location during rush hour (5 PM - 6 PM) on a weekday.

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

WHEREAS, The applicant is applying for a revocable consent for an unenclosed sidewalk cafe at 7 East 53^rd Street; and

WHEREAS, The applicant had requested a postponement which is not permitted by DCA rules; and

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

WHEREAS, Members of Community Board Five recommended that the applicant withdraw the application and reapply at a later time when they might be able to address CB5's concerns; and

WHEREAS, That withdrawal was not made; and

WHEREAS, The proposed location of the sidewalk cafe (53^rd Street just off 5^th Avenue) registers very high pedestrian traffic; and

WHEREAS, The sidewalks on 53^rd between 5^th and Madison are relatively narrow; and

WHEREAS, The proposed 2 tables would stick out 4 feet from the property line, leaving just the bare minimum 8"1" of clearance for pedestrian traffic; and

WHEREAS, Those sidewalks are further narrowed by the existence of trees which line and beautify the street, thereby making the usable clearance significantly less than 8 feet; and

WHEREAS, The proposed location is immediately adjacent to Paley Park which offers plenty of public seating; and

WHEREAS, There are no other sidewalk cafe's on this block; therefore be it

RESOLVED, That Community Board Five recommends denial of the revocable consent for a new unenclosed sidewalk cafe at 7 East 53^rd Street.

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

WHEREAS, The applicant is applying for a revocable consent for an unenclosed sidewalk cafe at 30 West 26^th Street; and

WHEREAS, This application is a re-application for a revocable consent which the applicant allowed to expire on November 15^th, 2011; and

WHEREAS, The application is for an identical plan to that which was previously existing; and

WHEREAS, CB5 has no complaints on file and the applicant has seemingly been a respectful neighbor; and

WHEREAS, The applicant has agreed to close and remove the sidewalk cafe each night by 10:00 pm; therefore be it

RESOLVED, That Community Board Five recommends approval of the revocable consent for a new unenclosed sidewalk cafe at 30 West 26^th Street.

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

WHEREAS, The New York City contracts on Public Pay Phones will come to term in 2014 and will need to be renegotiated by the City and approved by the City Council; and

WHEREAS, This is an opportunity for the City to require the franchisees to provide a public pay telephone that is more of a product of our times; and

WHEREAS, The public pay telephones currently installed on New York city sidewalks are based on a 50-year-old technology and provide a service for which it's utility and usage has steadily declined; the low usage can be seen as an indicator that technology has advanced, with 96% of the US population currently owning a cell or smart phone; and

WHEREAS, A large proportion of public pay phones have fallen into disrepair because of the low usage, with up to 40% of the phones in some districts having no dial tones or severely damaged booths; and

WHEREAS, Many communities are concerned that these installations have become a magnet for crime or public disturbances, without the community having the option to remove the most problematic of these installations; and

WHEREAS, The large majority of these installations has increased in size and in concentration to facilitate larger advertising spaces and higher revenues; and

WHEREAS,  With sidewalk space at a premium; (competing with rapid transit shelters, muni-meters, trees, newsstands, news boxes, sidewalk cafes, etc.) the space that these large installations occupy is adding to the ever-growing issues of pedestrian safety and right-of-way; and

WHEREAS, With the contracts on public pay phones coming due, this may be the last opportunity the city has to affect significant and meaningful change for some time;

THEREFORE BE IT RESOLVED that Community Board Five recommends that the New York City Department of Information and Technology should replace existing phone booths with more current technologies to provide a more useful and better service to New York City communities as part of the new contract to be signed in 2014; and

BE IT FURTHER RESOLVED that the new appliances provide a menu of real benefits that each community could choose from: including 911 and 311 free access, pedestrian lighting, Wi-Fi, cell battery fast-charge, online search access, arts or community announcements, etc.; and

BE IT FURTHER RESOLVED that the new installations' footprint should reflect the current technology trends in miniaturization and should incorporate current state-of-the-art payment methods and problem management systems with full transparency, reporting to the public at a Community District basis; and

BE IT FURTHER RESOLVED that current installations should not be grandfathered and the contract should allow for a reduction in the number of installations and for approval and removal processes similar to those used for other street furniture like newsstands, including a Community Board comment and review period; as neighborhoods change and develop, the need for Public Pay Telephones also change and should be evaluated at a 'community level' and

BE IT FURTHER RESOLVED that the New York City Department of Information and Technology should launch, as soon as possible, a design competition for the new appliances with a selection panel including representatives of Community Boards and Department of Transportation; and

BE IT FURTHER RESOLVED that Community Board Five strongly recommends that any such new design, housing, or telecommunication appliance should be American made manufactured.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SWC of 53^rd Street and Madison 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, The proposed location is directly in front of a retail store which sells similar products; and

WHEREAS, pedestrian traffic between the Fifth Avenue and Madison Avenue retail corridors is extremely heavy; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on the SWC of 53^rd Street and Madison Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian counts at this location during rush hour (5 PM- 6 PM) on a weekday.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SEC of 53^rd Street and 5^th Avenue, and

WHEREAS,  A previous newsstand application was turned down at this location in 1991; and

WHEREAS,  A newsstand at this location would interfere with the visual corridor in the 5^th Avenue "Special District" thereby detracting from  the "attractiveness and effectiveness" of the corridor; and

WHEREAS, The Art Commission has previously recognized this as a valid argument along Fifth Avenue; and

WHEREAS, The proposed newsstand would be located directly in front of the Rolex store and directly over the Rolex retail vaults; and

WHEREAS, Members of the public representing The Rolex Realty Company were present to oppose the proposed newsstand; and

WHEREAS, Additionally, CB5 has serious concerns about pedestrian safety in this area; and

WHEREAS, Pedestrian traffic is so heavy in this area that the city has installed safety railings to protect pedestrians along many of the blocks of 5^th Avenue; and

WHEREAS, The installation of the proposed newsstand would further limit sidewalk space and potentially cause people to walk out into the street; and

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

WHEREAS, For many of the aforementioned reasons, Community Board Five has issued a moratorium on new Street furniture along the 5^th Avenue corridor; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on SEC of 53^rd Street and 5^th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian counts at this location between (4 PM- 6 PM) on a Friday in December.

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

Whereas, there were 646 stalled construction sites in New York as of July 2011; and

Whereas, 37 percent of the sites surveyed were identified as containing litter, with over half of these sites having fencing in disrepair or vandalized, and half of the sites having sidewalk obstructions that leave eight feet or less of sidewalk space; and

Whereas, these unfinished structures are not only eyesores but also targets for vandals and squatters; and

Whereas, these sites pose safety, economic and quality of life concerns for residents and property owners alike; therefore

Be it resolved, that the City should pass legislation allowing stalled construction sites to become publicly accessible on a temporary basis, when appropriate, for such uses as food vending, parking, public art, performance and recreation space; and therefore

Be it further resolved that when interim uses are not possible the City should launch art programs to beautify sheds through grants provided to community groups, BIDs and non-profits; and therefore

Be it further resolved that where possible the City should work with property owners to expand narrowed sidewalks created by construction fencing and scaffolding.

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

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, The applicant, Madison Spa Castle, Inc., is to be located at 335 Madison Avenue and is applying for a BSA special permit to legalize a physical culture establishment in the basement and sub-basement at 335 Madison Avenue; and

WHEREAS, The location is to consist of approximately 30,000 square feet of usable public space; and

WHEREAS, The location was previously used as a physical culture establishment (Bally's New York Gym); and

WHEREAS, The spa will offer therapeutic massage, facials, nail treatments, and a variety of skin care treatments; and

WHEREAS, The spa will employ only licensed therapists and technicians; and

WHEREAS, The spa will have three public pools, saunas, juice bar, salad bar, and over 30 private rooms for spa treatments; and

WHEREAS, The spa will operate everyday between 6am and 12am; and

WHEREAS, The applicant, Spa Castle, is well established as a legitimate day spa with multiple locations around the country including a Spa Castle in neighboring College Point, Queens; and

WHEREAS, Spa Castle has received multiple commendations, awards and recommendations from local news agencies, individuals and politicians (including U.S. Congressman Joseph Crowley, NYC Comptroller John C Liu, and NY1 News); therefore be it

RESOLVED, That Community Board Five recommends approval of the BSA special permit to legalize the operation of a physical culture establishment at 335 Madison Avenue.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, the proliferation of newsracks has created cluttered, dangerous, and unsightly conditions on the streets of New York City; and

WHEREAS, the owners of the various publications distributed by the newsracks have largely failed to maintain their newsracks according to applicable regulations; and

WHEREAS, the Department of Transportation has not effectively enforced newsrack regulations because of deficiencies in the current law and lack of personnel; and

WHEREAS, use of the 3-1-1- system for complaints about unlawfully placed or improperly maintained newsracks has not produced meaningful results; and

WHEREAS, other cities have enacted legislation limiting the number of newsracks on each corner, mandating the size, appearance, maintenance, and other requirements and have imposed fair licensing fees to fund enforcement activities;

THEREFORE BE IT RESOLVED that Manhattan Community Board Five request that:

o   The City Council study newsrack legislation in other municipalities and enact a newsrack law which will curb the current abuses and unsafe conditions of our sidewalks

o   The Department of Transportation provide sufficient administrative and personnel resources to satisfactorily enforce the newsrack regulations

o   The Office of the Mayor take necessary action to encourage and enable the Department of Transportation to more promptly and effectively respond to 3-1-1- newsrack complaints

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

The following newsstand applications were presented to the Full Board and were denied:

• SWC 57th & 5th
• SEC 45th & BW
• SEC 46th & 7th
• NWC 23rd & 5th
• NWC 41st & 6th
•  NEC 53rd &7th
• NEC 58th & BW
• SWC 43rd & 7th
• NWC48th & BW

WHEREAS, SDNY 19 MAD PARK, LLC (SD26) is applying for an unenclosed sidewalk café at 19 East 26^th Street (between 5^th and Madison Avenues); and

WHEREAS, The proposed sidewalk café would have 7 Tables and 14 Seats, encompassing a total serving area of only 163 sq.ft.; and

WHEREAS, The sidewalk café would allow for more than 9 feet from the curb for unobstructed pedestrian traffic; and

WHEREAS, The SD26 is located on the New York Gift Building, a landmark building in the Madison Square North Historic District; and

WHEREAS, The applicant has obtained a "Certificate Of No Effect" from the NYCLPC allowing for "...an unenclosed sidewalk café consisting of 7 tables with chairs and moveable railings..." (Docket # 120541 / CNE# 12-1435); and

WHEREAS, The applicant agreed to the Committee's requirements for sidewalk café operating hours of Sunday through Wednesday 11:30 AM to 10:00 PM and Thursday through Saturday till 11:00 PM; and

WHEREAS, The applicant agreed to move existing planters to limit any additional impediments to sidewalk traffic; and

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

RESOLVED, That Community Board Five recommends approval for an unenclosed sidewalk café, with 7 tables and 14 seats, at 19 East 26^th Street, d/b/a SD26.

The above resolution passed by a vote of 17 in favor; 13 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on the southwest corner of 37^th street and Broadway; and

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

WHEREAS, The proposed site is in a highly congested area; and

WHEREAS, CB5 received letters from The Fashion BID and Sitt Asset Managemant LLC, the land owner directly in front of the proposed site, expressing concerns regarding pedestrian safety and over saturation of street furniture in the area; and

WHEREAS, There is already a newsstand on the same block as the proposed site, west side of Broadway between 36^th and 37^th streets; and

WHEREAS, The area is adequately served by not only the aforementioned newsstand but newsstands on the Northwest corner of 35 and Broadway, the Northwest corner of 36th and Broadway, Southeast corner of 38^th and Broadway, and the Northwest corner of 39^th and Broadway, as well as a several brick and mortar candy vendors along the Broadway corridor; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the Southwest corner of 37^th and Broadway.

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on the Southwest corner of 53^rd street and The Avenue of the Americas; and

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

WHEREAS, The proposed newsstand would be located directly in front of the public plaza and fountain at 53^rd and 6^th; and

WHEREAS, Community Board Five has routinely requested denial of street furniture which blocks the view and accessibility to these fountains and public seating areas; and

WHEREAS, The proposed newsstand would be located on in an area which registers extremely high pedestrian traffic; and

WHEREAS, This area is already very busy with pushcarts and street food vendors lining the curbs; and

WHEREAS, The proposed newsstand would have a negative impact on the afore mentioned pedestrian traffic, thereby adding to congestion and potential causing pedestrians to walk out into the street, creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on the Southwest Corner of 53rd street and Avenue of the Americas; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian counts at this location during lunch time and at rush hour (5 PM- 6 PM) on a weekday.

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, West 44^th Street Restaurant LLC, is applying for a small unenclosed sidewalk café at 19 West 44^th Street, between 5^th and 6^th Avenues; and

WHEREAS, The city block where the sidewalk café is to be located is predominantly commercial in nature; and

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

WHEREAS, The applicant has agreed to remove all existing large sidewalk planters, or place them against the restaurant façade, so as to remove any additional sidewalk obstacles; and

WHEREAS, The sidewalk café would close no later than 11:00 PM; and

WHEREAS, This sidewalk registers a relatively light volume of pedestrian traffic during the café's hours of operation; and

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

RESOLVED, That Community Board Five recommends approval of the application for a small unenclosed sidewalk café at 19 West 44^th Street with 5 tables and 10 seats.

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand in front of 115 West 23^rd street between Park and Lexington Avenues; and

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

WHEREAS, The proposed site is directly in front of a Citibank location making it noncompliant with DCA regulations; and

WHEREAS, Several members of the Citibank Corp were present at the meeting to oppose the proposed newsstand; and

WHEREAS, The proposed newsstand location is approximately 50 feet from an existing newsstand In front of 109 East 23^rd street; and

WHEREAS, The area is adequately served by not only the aforementioned newsstand but newsstands on the Southeast and Southwest corners of Park and 23^rd, as well as a brick and mortar candy vendor at 127 West 23^rd; and

WHEREAS, Ten members of the business and local community showed up to CB5's regularly scheduled committee meeting to protest the placement of a newsstand at this location; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand in front of 115 East 23^rd Street.

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on the Northwest corner of 34^th street and 5th avenue; and

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

WHEREAS, Community Board Five has a moratorium on new street furniture along the 5^th Avenue corridor; and

WHEREAS, The proposed newsstand would be located directly across 34^th street from the Empire State Building which is one of New York's most recognized and frequently visited landmarks; and

WHEREAS, The proposed newsstand would therefore be located in an area that registers a heavy pedestrian traffic flow; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, thereby adding to congestion and potential causing pedestrians to walk out into the street, creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on the Northwest Corner of 34^th street and 5^th Avenue, in front of 358 5^th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian counts at this location at rush hour (5 PM- 6 PM) on a weekday.

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

- Sun-Wed: 10pm

- Thurs-Sat: 11pm

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

- Sun-Wed: 10pm

- Thurs-Sat: 11pm

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

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

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

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

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

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

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

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

- Sun-Wed: 10pm

- Thurs-Sat: 11pm

and

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

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

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

WHEREAS, The application is for the legalization of the BSA special permit for a physical culture establishment for Soul Cycle, Inc, located at 12 East 18^th Street; and

WHEREAS, The applicant Soul Cycle is a reputable fitness and spinning establishment; and

WHEREAS, the establishment offers spinning classes; and

WHEREAS, the neighborhood will not be negatively impacted by the establishment; therefore be it

RESOLVED, that CB5 recommends approval for a legalization of a BSA special permit to operate a physical culture establishment called Soul Cycle at 12 East 18^th Street.

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

WHEREAS, O'Casey's is applying for a pop-up cafe at 22 East 41^st Street, between 5^th Avenue and Madison Avenue; and

WHEREAS, The pop-up cafe would be 24 ft long (3 parking spaces), and

WHEREAS, The applicant will use the same design and materials as those used for the pop-up cafe at Pearl Street that was constructed last year, and

WHEREAS, The hours of operation would be from 10am to 10pm every day, and

WHEREAS, Pop-up Cafes are open public seating areas for pedestrians, sponsored by a neighboring establishment, and

WHEREAS, No alcohol is allowed at Pop-up Cafés, and there is no table service; and

WHEREAS, Smoking is not allowed at Pop-up Cafes; and

WHEREAS, The restaurant will build a small platform that will bring the road bed level with the sidewalk, and will create a site with planters and furniture; and

WHEREAS, The Pop-up Cafe is seasonal.  The anticipated date of installation for any site is May 1st and they are only being permitted to operate for up to 5 ½ months (October 15th).  At the end of the season, the Pop-up will be removed and the occupied parking spaces will be restored; and

WHEREAS, Pop-up Cafes are being evaluated on a temporary, trial basis.  The initial term of the agreement with DOT for any Pop-up Café applicant will be for a period of two seasons; and

WHEREAS, After two seasons, the site and the program as a whole will be evaluated.  A recap of the program, including DOT's analysis and data collection, will be presented to the community board.  Any extension of the Pop-up beyond the two-season term would require a new approval/support letter from the board; and

WHEREAS, The applicant is responsible for constructing and maintaining the pop-up café; and

WHEREAS, Community Board Five believes that the proposed pop-up cafe is located on a block that is unique because it is not a thru-traffic block, and registers low vehicular and pedestrian traffic; and

WHEREAS, Community Board Five is not opposed to the proposed application, and recognizes the benefits of bringing seating space to the district but is concerned about numerous aspects of the pilot program, and wishes to examine them thoroughly. These aspects include:

Ø  a proliferation of pop-up cafes

Ø  encroachment of right of way and de facto zoning change

Ø  loss of metered parking revenue

Ø  loss of parking space

Ø  lack of inspection and enforcement of pop up cafes by DOT or other city agency

Ø  safety of pop-up cafe users vis a vis vehicular traffic

Ø  lack of unified design for pop-up cafes

Ø  negative impact on pedestrian flow of traffic

Ø  negative impact of vehicular traffic

Therefore be it RESOLVED, that Community Board Five recommends approval of the application for a pop-up cafe by O'Casey's at 22 East 41^st Street, b/t 5^th and Madison Avenues.

The above resolution passed by a vote of 19 in favor; 16 opposed; 1 abstaining.

WHEREAS, The application is for the legalization of the BSA special permit for physical culture establishment for Just Calm Down II, Inc, located at 30 West 18^th Street; and

WHEREAS, The applicant Just Calm Down is a reputable massage and spa establishment that used to operate a similar facility on West 22^nd street, within the boundaries of CB5; and

WHEREAS, The applicant has relocated its operation to another building and is requesting a BSA special permit for this new location; and

WHEREAS, The establishment will offer body treatments and beauty services, including massage, facials, manicures and waxing; and

WHEREAS, The neighborhood will not be negatively impacted by the establishment; therefore be it

RESOLVED, that CB5 recommends approval for a legalization of a BSA special permit to operate a physical culture establishment called Just Calm Down II, Inc, at 30 West 18^th Street.

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

WHEREAS, The applicant, One 29 Park, LLC d/b/a Asellina, located in the Gansevoort Hotel is applying for a revocable consent for an unenclosed sidewalk café at 420 Park Avenue South between 28^th & 29^th Streets; and

WHEREAS, The proposed sidewalk café would have 8 tables and 32 seats, leaving 8' ½'' feet for pedestrian traffic; and

WHEREAS, The hours of operation will be as follows:

- Sun: Noon to 10pm

- Mon-Wed: 8am to 10pm

- Thurs-Sat: 8am to 11pm

WHEREAS, The applicant will have no amplified sound at the cafe, and will prevent indoor noise from permeating into the street; therefore be it

RESOLVED, that Community Board Five recommends approval of the application from One 29 Park, LLC d/b/a Asellina for a revocable consent for an unenclosed sidewalk café at 420 Park Avenue South, bet. 28^th and 29^th Sts.

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

WHEREAS, Community Board Five has received the following 31 applications for street festivals:

1. The Alliance of Guardian Angels, Inc. on Broadway, between 47^th and 57^th Streets, on Saturday, September 17
2. Innovative Community Enterprises, Inc, on Madison Avenue, between 42^nd and 57^th Streets, on Monday, May 30
3. National Ethnic Coalition of Organizations, Inc., on Madison Avenue, between 42^nd and 57^th Streets, on Sunday, July 10
4. Union Square Community Coalition, Broadway, between17th and 23^rd Streets, on Sunday, April 10
5. Knights of Vartan, on Broadway, between 43^rd and 44^th streets, on Sunday, April 24
6. The Sierra Club - Earth Awareness Day Festival, Broadway, between 35^th and 39^th Streets, on Saturday, April 30
7. Holy Innocents, on Broadway, between 47^th and 57^th Streets, on Sunday, October 23
8. Coalition of Italo-American Assoc. Inc.; on Broadway, between 47^th and 57^th Streets, on Sunday, May 22
9. International Immigrants Foundation, on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, June 4
10. Church of St. John the Baptist, on Sixth Avenue, between 23^rd and 33^rd Street, Saturday, June 25
11. McBurney YMCA, 6^th Avenue, between 14^th and 23^rd Streets, on Saturday, July 9
12. Avenue of the Americas Association, on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, July 30
13. St. Ceciles Scholarship Fund, 6^th Avenue, between 14^th and 23^rd Streets, on Saturday, August 27
14. 23^rd Street Association, on 6^th Avenue, between 14^th and 23^rd Streets on Saturday, August 27
15. Brazilian American Cultural Center Inc., on Avenue of the Americas, between 42^nd and 56^th Street, on East 46^th Street, between Madison and 5^th and on West 46^th Street, between 5^th and 7^th Avenues on Sunday, September 4
16. LAVAGEM RUE 46, on 46^th Street, between Madison and Fifth Avenues, on Saturday, September 3
17. Global Role Models, Inc., on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, October 8
18. Midtown South Community Council, on 6^th Avenue, between 34^th and 42^nd Streets, on Sunday, November 6
19. St. Bartholomew's Church, on 52^nd Street, between 5^th and 7^th Avenues and 5^th and Lexington Avenues, on Saturday, September 3
20. Encore Community Services 37 Annual Jazz Festival, 52^nd Street, between 5^th and 7^th Avenues, on Saturday, October 22
21. St. George Association - NYPD Times Square Holiday Fair, on 45^th Street, between 5^th and 7^th Avenues, on Saturday, November 19
22. Kidney Urology Foundation, on Lexington Ave, between 34^th and 42^nd Streets, on Sunday, July 3
23. Earth Day New York, on Vanderbilt Avenue, between 42^nd and 45^th Streets, on Friday and Saturday, April 22 and 23
24. 47^th Street Block Association, on 8^th Avenue, between 42^nd and 57^th Street, on Sunday, September 18
25. Midtown North Community Council, on 8^th Avenue, between 42^nd and 57^th Streets, on Sunday, October 9
26. Forum's Children's Foundation Inc., Ave of the Americas, between 42^nd and 56^th Streets on Saturday, May 14
27. Children's Leukemia Research Association, on 52^nd Street, between 5^th and 7^th Aves. And Lexington and 5^th, on Saturday, July  24
28. The Motion Picture Club, on Broadway, between 47^th Street and 57^th Street, on Sunday, July 17
29. Fashion Institute of Technology, on 27^th Street, between 7^th and 8^th Avenues, on Saturday, May 7
30. Broadway Cares/Equity Fights AIDS Inc., on 44^th Street, between Broadway and 8^th Avenue, on Sunday, September 25
31. Korean Day Block Party, on 32^nd Street, between 5^th Avenue and Broadway, on Saturday, October 1; and

WHEREAS, The sponsors of these events have a physical address within the boundaries of Community Board Five district, or have jurisdiction over Community Board Five, and

WHEREAS, These events are held every year without incident; and

WHEREAS, The sponsors abide by Community Board Five Street Activity Permit Policies, therefore be it,

RESOLVED, That Community Board Five recommends approval of the above-mentioned 31 applications.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received the following 10 applications for street festivals:

1. Gramercy Park Neighborhood Association, Broadway, between 17^th and 23^rd Streets, on Sunday, May 15
2. Gramercy Park Block Association, Broadway, between 17^th and 23^rd Streets, on Saturday, October 1
3. Gramercy Stuyvesant Independent Democrats, Broadway, between 17^th and 23^rd Streets, on Sunday, October 30
4. NY Young Republican Club, on Broadway, between 47^th and 57^th Streets, on Saturday, June 18
5. The Manhattan Republican Club, street festival on Park Avenue South, between 17^thand 23^rd Streets, on Saturday, October 22
6. Congress of Racial Equality, on Broadway, between 47^th and 57^th Street, on Sunday, July 31
7. USO of Metropolitan New York, on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, July 2
8. Big Apple Performing Arts, on Broadway, between 47^th and 57^th streets, on Sunday, August 28
9. New York Emperors Stickball League Inc., on Vanderbilt Avenue, between 42^nd and 44^th Streets, on Saturday, May 7 (NEW)
10. Ukrainian Family Day, on Broadway, between 34^th and 35^th Streets, on Sunday, May         15 (NEW)

WHEREAS, Community Board Five has passed a resolution requiring that all sponsoring organizations of street fairs be indigenous to Community Board Five; and

WHEREAS, Community Board Five has further defined that requirement as "having a physical street address within Community Board Five"; and

WHEREAS, Over the past several years, SAPO has used best efforts to relocated street fairs so that events take place within the board where the sponsoring entity holds its business address; and

WHEREAS, The sponsors for the above-mentioned applications are not located within Community Board Five, nor do they have specific jurisdiction over the district; and

WHEREAS, Community Board Five acknowledges the great contributions many of these organizations have made to New York City and Community Board Five; and

WHEREAS, In order to be fair and impartial, Community Board Five is attempting to judge applications in a non-subjective manner so as not to consider the merits of the organization itself, but rather on tangible facts such as business address of organization and impact on the community,  therefore be it

RESOLVED, That Community Board Five recommends denial of the above-mentioned applications.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received street activity applications for 14th Street-Union Square LDC, on Park Avenue South, between 17th and 23rd Streets, on Saturday, July 9

WHEREAS, Community Board Five acknowledges the great contributions this organization has made to New York City and CB5,

WHEREAS, in order to be fair and impartial, Community Board Five adheres to the policy of not judging street fair applications on the merits of the organization but on facts such as business address of organization and impact on the community,

WHEREAS, Community Board Five recognizes the significant negative impact that the closure of Park Avenue South would have on the surrounding community; and

WHEREAS, Community Board Five requests that 14^th Street-Union Square LDC moves the festival from Park Avenue South to Broadway between 17^th and 23^rd Streets on Saturday July 9^th; and

WHEREAS, the applicant has agreed to the afore mentioned change of venue; therefore be it

RESOLVED, That Community Board Five recommends denial of the above-mentioned applications unless the proposed street fair is relocated to Broadway between 17^th and 23^rd Streets on Saturday July 9^th.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received street activity applications for Midtown North Explorers Club, block party 45th Street, between 6th and 7th Avenues, on Sunday, April 17; and Midtown South Precinct Explorers Club, block party 33rd Street, between 6th and 7th Avenues, on Saturday, April 23; and

WHEREAS, Community Board Five acknowledges the great contributions these organizations have made to New York City and CB5; and

WHEREAS, Community Board Five recognizes the significant negative impact a high number of street fair and street closures have on a neighborhood and the board is actively trying to reduce the number of street festivals in highly saturated areas; and

WHEREAS, Both organizations have agreed to combine their events into one event, utilizing 45^th street between 5^th Avenue and Broadway on Sunday April 17^th; and

WHEREAS, Community Board Five recognizes the efforts of the applicants, Mardi Gras Festivals, and the community; therefore be it

RESOLVED, That Community Board Five recommends approval of the above-mentioned applications with the condition that these proposed street fairs are altered and combined on 45^th street between 5^th Avenue and Broadway on Sunday April 17^th.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has passed a resolution requiring that all sponsoring organizations of street fairs be indigenous to Community Board Five; and

WHEREAS, Community Board Five has further defined that requirement as "having a physical street address within Community Board Five"; and

WHEREAS, Over the past several years, SAPO has used best efforts to relocated street fairs so that events take place within the board where the sponsoring entity holds its business address; and

WHEREAS, The sponsors for the above-mentioned applications are not located within Community Board Five, but are located in neighboring Community Board Four; and

WHEREAS, The applicant has agreed to move their street fair to 6^th Avenue between 23^rd and 31^st Streets; and

WHEREAS, The new proposed location is adjacent to both CB4 and CB5; and

WHEREAS, This location is in the same neighborhood as the applicant's street address; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of this application UNLESS it is moved to 6^th Avenue between 23^rd and 31^st streets on Saturday June 4, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received street activity applications for St. Patrick's Cathedral Young Adults, on Madison Avenue, between 42nd and 57th Streets, on Sunday, October 30  and American Diabetes Association, on Madison Avenue, between 42nd and 57th Streets, on Saturday, November 5; and

WHEREAS, Community Board Five acknowledges the great contributions these organizations have made to New York City and CB5; and

WHEREAS, in order to be fair and impartial, Community Board Five adheres to the policy of not judging street fair applications on the merits of the organization but on facts such as business address of organization and impact on the community; and

WHEREAS Community Board Five recognizes the significant negative impact a high number of street fair and street closures have on a neighborhood and the board is actively trying to reduce the number of street festivals in highly saturated areas; and

WHEREAS Community Board Five adopted the following recommendation within the Street Festival Task Force: "In the instance of two events occurring on the same avenue/ neighborhood on adjacent weekends, the two events should instead share two distinct areas within the same avenue/ neighborhood on the same day so as to reduce the overall frequency of festivals within the district "; and

WHEREAS Community Board Five requests that Mardi Gras Festivals combines these two events, utilizing Madison Avenue between 50^th and 57^th Streets for St. Patrick's and Madison Avenue between 42^nd and 50^th Streets for American Diabetes Association on October 30^th, 2011;  Therefore be it

RESOLVED, That Community Board Five recommends approval of the above-mentioned applications WITH THE CONDITION that the two events are combined, utilizing Madison Avenue between 50^th and 57^th Streets for St. Patrick's and Madison Avenue between 42^nd and 50^th Streets for American Diabetes Association on October 30^th , 2011; and be it further

RESOLVED, That Community Board Five recognizes that due to SAPO regulations, SAPO may not be able to honor this request at this time; but with an eye toward the future, CB5 looks forward to working closely with SAPO and CECM to resolve this and other similar issues.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received street activity applications for The Workmen's Circle, Inc., on Madison Avenue, between 42nd and 57th Streets, on Sunday August 14 and for Daytop, on Madison Avenue, between 42nd and 57th Street, on Sunday, August 21; and

WHEREAS, Community Board Five acknowledges the great contributions these organizations have made to New York City and CB5; and

WHEREAS, In order to be fair and impartial, Community Board Five adheres to the policy of not judging street fair applications on the merits of the organization but on tangible facts such as business address of organization and impact on the community; and

WHEREAS, Community Board Five recognizes the significant negative impact a high number of street fair and street closures have on a neighborhood and the board is actively trying to reduce the number of street festivals in highly saturated areas; and

WHEREAS, Community Board Five adopted the following recommendation within the Street Festival Task Force: "In the instance of two events occurring on the same avenue/ neighborhood on adjacent weekends, the two events should instead share two distinct areas within the same avenue/ neighborhood on the same day so as to reduce the overall frequency of festivals within the district "; and

WHEREAS, Community Board Five requests that Mardi Gras Festivals and Clearview Productions work together to find a collaborative way to combine these two events, utilizing Madison Avenue between 50^th and 57^th Streets for Workmen's Circle and Madison Avenue between 42^nd and 50^th Streets for Daytop on August 21^st, 2011;  therefore be it

RESOLVED, That Community Board Five recommends approval of the above-mentioned applications WITH THE CONDITION that the two applications are combined utilizing Madison Avenue between 50^th and 57^th Streets for Workmen's Circle and Madison Avenue between 42^nd and 50^th Streets for Daytop on August 21^st, 2011; and be it further

RESOLVED, That Community Board Five recognizes that due to SAPO regulations, SAPO may not be able to honor this request at this time; but with an eye toward the future, CB5 looks forward to working closely with SAPO and CECM to resolve this and other similar issues.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, The Ancient Order of Hibernians wants to organize a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, August 20^th , 2011; and

WHEREAS, The Ancient Order of Hibernians is on record as excluding and/or discriminating against Gay and Lesbian organizations in their functions; and

WHEREAS, The discrimination practices of the Ancient Order of Hibernians are against Community Board Five's Street Activity Permit Policies; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to hold a street fair on Avenue of the Americas between 42nd and 56th Street, on Saturday, August 20^th, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received an application for a new street fair event to benefit Canon CF Cystic Fibrosis, on 18^th Street, between 5^th and 6^th Avenues, on Sunday, June 12; and

WHEREAS, The applicant met with members of Community Board Five to discuss concerns regarding sound, sanitation, safety, and neighborhood impact; and

WHEREAS, The applicant is a local business person on 18^th street; and

WHEREAS, The profits from this event will go to the 501c charity The Cystic Fibrosis Foundation; and

WHEREAS, The applicant has agreed to provide adequate staffing and clean-up personnel; and

WHEREAS, The applicant has agreed to contact the NYPD and local sanitation department regarding safety and clean-up at this event; and

WHEREAS, The applicant has agreed not to use any amplified sound; and

WHEREAS, The applicant has agreed to contact neighbors for input on how to have the least negative impact on the surrounding community; therefore be it

RESOLVED, That Community Board Five recommends APPROVAL of the Canon CF Cystic Fibrosis event on 18^th Street, between 5^th and 6^th Avenues, Sunday, June 12, 2011

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, The United war Veterans Council of NY, Inc has requested a post parade gathering on 53^rd street between 5^th and Avenue of the Americas; and

WHEREAS, This event is held immediately following the Veteran's Day Parade; and

WHEREAS, This event is held every year without incident; and

WHEREAS, The sponsors abide by Community Board Five Street Activity Permit Policies, therefore be it

RESOLVED, That Community Board Five recommends APPROVAL of the permit for The United War Veteran's Council of NY to hold its post parade event on West 53^rd Street between 5th Avenue and Avenue of the Americas on November 11, 2011.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on East 58^th Street at the South East Corner of 5th Avenue; and

WHEREAS, The proposed location is highly congested by pedestrian traffic; and

WHEREAS, Community Board Five has a moratorium on street furniture and newsstands in the landmarked Fifth Avenue visual corridor; and

WHEREAS, the applicant agreed to withdraw this application and look for a more appropriate location; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the proposed newsstand on the SEC of 5^th Ave and 58^th Street.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on 31st Street at the South East Corner of 7th Avenue, and

WHEREAS, The application itself lacked professional drawings without accurate measurements and indications; and

WHEREAS, The applicant told us that they actually meant to apply for the SWC of 31^st St and 7^th Ave; and

WHEREAS, Community Board Five is already considering an application for that same location; and

WHEREAS, The proposed location is across the street from the Madison square/ Penn Station Pavilion; and

WHEREAS, The proposed location is highly congested by pedestrian traffic; and

WHEREAS, The area is already adequately served by existing newsstands and shops including two newsstands at the entrance to Penn station ( 32^nd St and 7^th Ave) and a newsstand at the NEC of 33^rd St and 7^th Ave; and

WHEREAS, The SEC of 31^st St and 7^th Ave location is directly in front of a hotel entrance and therefore not in compliance; and

WHEREAS, The SWC of 31^st St and 7^th Ave location is only 5' 6" from a bank entrance and therefore not in Compliance; and

WHEREAS, Members of the 34^th Street Partnership appeared to speak against this application; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the proposed newsstand at the SEC of 31^st St. and 7^th Ave.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on the South West Corner of 31^st Street and 7th Avenue, and

WHEREAS, The proposed location is across the street from the Madison Square/ Penn Station Pavilion; and

WHEREAS, The proposed location is highly congested by pedestrian traffic; and

WHEREAS, The area is already adequately served by existing newsstands and shops including two newsstands at the entrance to Penn station ( 32^nd St and 7^th Ave) and a newsstand at the NEC of 33^rd St and 7^th Ave; and

WHEREAS, The SWC of 31^st St and 7^th Ave location is only 5' 6" from a bank entrance and therefore not in compliance with DCA regulations; and

WHEREAS, Members of the 34^th Street Partnership appeared to speak against this application; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the proposed newsstand at the SWC of 31^st Street and 7^th Ave.

The above resolution passed by a vote of 28 in favor; 0 opposed; 2 abstaining.

WHEREAS, The Flatiron BID is proposing to have two new food Kiosks installed in the pedestrian plazas North of and adjacent to the Flatiron Building; and

WHEREAS, The Kiosk on the north plaza between 23^rd and 24^th streets would be operated and maintained by the owners of Ilili restaurant; and

WHEREAS, This kiosk would serve a selection of Mediterranean sandwiches, juices, and teas; and

WHEREAS, The kiosk on the south plaza, adjacent to the Flatiron Building, between 22^nd and 23^rd Streets would be operated and maintained by the owners of Benvenuto Café; and

WHEREAS, This kiosk would serve fresh baked goods, coffees, teas, smoothies, and a selection of international papers; and

WHEREAS, Both Kiosks would be open year round, weather permitting; and

WHEREAS, Both Kiosk owners would be responsible for cleanup in and around their respective Kiosk areas; and

WHEREAS, The Flatiron BID would continue to oversee the maintenance, cleanup, and beautification of these plazas; and

WHEREAS, The Flatiron BID was not obliged to come before the board, but did so to elicit comments and feedback on the proposed kiosks; therefore be it

RESOLVED, That Community Board Five approves of the two new food Kiosks installed in the pedestrian plazas North of and adjacent to the Flatiron Building. and be it further

RESOLVED, that Community Board Five appreciates its role in reviewing pedestrian plazas sub-concession agreements and would like to continue to be included in the review process as these agreements are renewed.

The above resolution passed with a vote of 34 in favor, 2 opposed, 1 abstention.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on NEC of West 45^th Street and 7^th Avenue; and

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

WHEREAS, The proposed site falls within the CB5 moratorium on new street furniture; and

WHEREAS, The proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The proposed newsstand would negatively impact pedestrian traffic by creating further congestion; and

WHEREAS, Further impediment to pedestrian flow might cause people to walk out into the street, thus creating an unsafe condition; and

WHEREAS, The area is already adequately served by existing newsstands at the NWC of 46^th & Broadway, the NEC of 43^rd & Broadway, and other vendors within the Times Square area; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on NEC of West 45^th Street and 7^th Avenue.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on NWC 42^nd Street and 7^th Avenue; and

WHEREAS, The proposed site falls within the CB5 moratorium on new street furniture; and

WHEREAS, The proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The proposed newsstand would negatively impact pedestrian traffic by creating further congestion; and

WHEREAS, Further impediment to pedestrian flow might cause people to walk out into the street, thus creating an unsafe condition; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on NWC 42^nd Street and 7^th Avenue.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SEC of West 30^th Street and 8^th Avenue; and

WHEREAS, The applicant proposed the narrowest news stand option allowed by the City; and

WHEREAS, The proposed site has high pedestrian traffic but not enough to be prohibitive; and

WHEREAS, The proposed newsstand would not negatively impact pedestrian traffic due to its size, moderately high pedestrian traffic, and width of sidewalk; therefore be it

RESOLVED, That Board Five recommends approval of the application to install a newsstand on SEC of West 30^th Street and 8^th Avenue.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SEC 42^nd Street and Broadway; and

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

WHEREAS, The proposed site falls within the CB5 moratorium on new street furniture; and

WHEREAS, The proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The proposed newsstand would negatively impact pedestrian traffic by creating further congestion; and

WHEREAS, Further impediment to pedestrian flow might cause people to walk out into the street, thus creating an unsafe condition; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on SEC 42^nd Street and Broadway.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on SEC of Park Avenue and 33^rd Street; and

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

WHEREAS, The proposed site falls within the CB5 moratorium on new street furniture on Park Avenue; and

WHEREAS, The area is already adequately served by the existing newsstand directly across the street at the NEC of Park and 33^rd, area news boxes, and other local vendors in the Park Avenue corridor; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on SEC of Park Avenue and 33^rd Street.

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

WHEREAS, The applicant is proposing to install 33 stainless steel clad security bollards in front of the property at 130 East 59^th street; and

WHEREAS, The plan is to install 31 bollards at the curb and two bollards (one on each side) in the center of the sidewalk; and

WHEREAS, The applicant recognizes that the proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The applicant is proposing to add three feet to the sidewalk to accommodate the bollards so as to not further add to the pedestrian congestion; and

WHEREAS, The NYPD Counter-Terrorism Task Force has approved this security plan; and

WHEREAS, The Department of Transportation has approved this plan; and

WHEREAS, Safety and security are critical concern for Community Board Five; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to install 33 security bollards in front of 130 East 59^th Street.

The above resolution passed with a vote of 29 in favor, 2 opposed, 1 abstention.

WHEREAS, The applicant seeks a permit to install and operate a 5'x10' newsstand at the SWC of West 23rd Street and 5th Avenue; and

WHEREAS, The proposed newsstand would be located in an area that registers a heavy pedestrian traffic flow; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand is directly across 5^th Avenue from the Flatiron Building: one of New York City's most recognizable landmarks; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity, including newsstands on the NWC of 23^rd and 5^th and on the SEC of 22^nd and Broadway; and

WHEREAS, The proposed location has been denied by DCA & DOT in 2009; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SWC of West 23rd Street and 5th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday; and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on NEC 27^th Street and 6^th Avenue; and

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

WHEREAS, Two other newsstands have been approved within just a few blocks of the proposed location since May of 2009 (on the East side of 6^th Avenue b/t 24^th and 25^th and on the East side of 6^th Avenue b/t 25^th and 26^th); and

WHEREAS, those two newsstands and other stores in the vicinity will adequately serve the neighborhood; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on NEC 27^th Street and 6^th Avenue.

The above resolution passed  by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the NEC of West 47th Street and 7th Avenue; and

WHEREAS, The proposed site falls within the CB5 moratorium on new street furniture; and

WHEREAS, The proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The proposed newsstand would negatively impact pedestrian traffic by creating further congestion, thus creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on NEC 47^th Street and 7^th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday; and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on NEC 42^nd Street and Broadway; and

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

WHEREAS, The proposed site falls within the CB5 moratorium on new street furniture; and

WHEREAS, The proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The proposed newsstand would negatively impact pedestrian traffic by creating further congestion, thus creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on NEC 42^nd Street and Broadway; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on NEC Broadway and 45^th Street; and

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

WHEREAS, The proposed site falls within the CB5 moratorium on new street furniture; and

WHEREAS, The proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The proposed newsstand would negatively impact pedestrian traffic by creating further congestion, thus creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five; and

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on NEC Broadway and 45^th Street; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on NWC 28^th Street and 6^th Avenue; and

WHEREAS, The location is in front of a what is currently a vacant lot; and

WHEREAS, Community Board Five has no way of knowing what might occupy that vacant lot, where door entrances will be, etc.; and

WHEREAS, Newsstands are permanent structures; and

WHEREAS, Community Board Five might otherwise recommend approval of this location; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on NWC 28^th Street and 6^th Avenue; and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the SWC of Broadway and 45^th Street; and

WHEREAS, The proposed site falls within the CB5 moratorium on new street furniture; and

WHEREAS, The proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The proposed newsstand would negatively impact pedestrian traffic by creating further congestion, thus creating an unsafe condition; and

WHEREAS, Community Board Five has received letters from NYPD Manhattan North,  The Times Square Alliance and representatives of the building owner of 1515 Broadway all expressing concerns about safety at this location; and

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on SWC Broadway and 45^th Street; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday; and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed sidewalk café would have 11 tables and 44 seats with 11 four-top tables; and

WHEREAS, The proposed sidewalk café would leave 8' for pedestrian traffic; and

WHEREAS, All tables will be only on 16^th Street; and

WHEREAS, The sidewalk registers heavy pedestrian traffic; and

WHEREAS, The current configuration leaves too little space for pedestrian traffic; and

WHEREAS, Based on CB5's concerns, the applicant has agreed to reduce the footprint of the café to 11 tables and 30 seats with the following configuration, 7 two-tops and 4 four-tops, which will widen the pedestrian pathway; and

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

WHEREAS, The applicant has agreed to reduce the size of its currently oversized awnings and signage to bring it in keeping with the character of Union Square; therefore be it

RESOLVED, That Community Board Five recommends approval with the conditions laid out above (11 tables with 30 seats and a reduction in size of its awnings and signage) for the application for a small unenclosed sidewalk café with 11 tables and 30 seats at 34 Union Square East.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, The Shoreham LLC, is applying for a small unenclosed sidewalk café at 39 West 55^th Street; and

WHEREAS, The sidewalk café currently has 4 round tables and 8 seats; and

WHEREAS, The proposed sidewalk café would leave 8' for pedestrian traffic; and

WHEREAS, The current configuration leaves too little space for pedestrian traffic; and

WHEREAS, Based on the CB5's concerns, the applicant has agreed to replace the round tables with rectangular ones which width shall not exceed 16 inches, and the tables shall be placed flush against the façade of the building; and

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

RESOLVED, That Community Board Five recommends approval with above conditions (rectangular tables with widths no larger than 16 inches placed flush against the building's façade) of the application for an unenclosed sidewalk café with 4 tables and 8 seats at 39 West 55th Street.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

CB5's Consents & Variances Committee had no objections to the below applications for sidewalk cafes.

• 60 West 55th (BB at 55) -  for 3 tables and 6 chairs
• 178 Lexington Ave. (Vezzo Inc.) - 16 tables and 32 chairs
• 928 Broadway (Bar Stuzzichini) - 10 tables and 20 chairs
• 839 7th Ave. (54th St. Bakery) - 6 tables and 12 chairs

The below application to extend the term of a special permit for a physical culture establishment for the following application received no objection by CB5's Consents & Variances Committee.

• 19 West 44^th Street, TSI West 44^th LLC dba New York Sports Club 

WHEREAS, The proposed sidewalk café would have 2 tables and 4 seats; and

WHEREAS, The proposed sidewalk café would leave 8' for pedestrian traffic; and

WHEREAS, The sidewalk registers medium to heavy pedestrian traffic; and

WHEREAS, The current configuration leaves too little space for a service aisle; and

WHEREAS, Based on the CB5's concerns, the applicant has agreed to reduce the footprint of the café to 1 tables and 3 seats, allowing for a larger service aisle, and

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

RESOLVED, That Community Board Five recommends approval of the application, JDP Restaurant LLC at 202 West 36^th Street, for an unenclosed sidewalk café with the condition that there be only 1 table with 3 seats.

The above resolution passed  by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site falls within CB5 moratorium on new street furniture, and

WHEREAS, The proposed newsstand, across from the Empire State Building, would negatively impact pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, There are no newsstands on 5th Avenue between 25th Street and 82nd Street, and

WHEREAS, Installing a newsstand would set an unfortunate precedent and would create visual clutter on the prestigious avenue, and

WHEREAS, The New York City Design Commission has rejected newsstands proposed for the Fifth Avenue Special District stating, "The Commission notes that the zoned, Fifth Avenue Special Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands, will severely detract from its attractiveness and effectiveness."

WHEREAS, Community Board Five recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on NEC 5^TH AVE & East 33^rd Street, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The proposed site falls within CB5 moratorium on new street furniture; and

WHEREAS, The proposed site is over a vault; and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition; and

WHEREAS, The 34^th Street Partnership expressed their strong opposition to the newsstand under the same grounds set forth above and to further oppose the application based on the adverse impact the newsstand would have on retail tenants; and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC every day; and

WHEREAS, Community Board 5 recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on n/e/c Broadway and West 35^th Street; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed  by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site is heavily congested with pedestrian traffic, in front of the Time-Life Building, and across from Radio City Music Hall), and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC every day; and

WHEREAS, The proposed newsstand would have an adverse impact on several architectural elements of this block:

- On this part of 6^th Avenue, also known as Avenue of the Americas, the sidewalk has a significant serpentine pattern (which extends to the inside lobby.) to evoke the famed sidewalks of Copacabana in Rio de Janeiro,

- The Time & Life blue metal sculpture designed by William Crovello

- The Time & Life fountains

- The Time & Life building itself (a designated Landmark since 1962), and

WHEREAS, Community Board 5 recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, that Community Board 5 recommends denial of the application to install a newsstand on NWC 6^TH Ave & West 50^th Street, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site is heavily congested with pedestrian traffic, and

WHEREAS, The proposed site falls within CB5 moratorium on new street furniture, and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, Community Board 5 recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on N/W/C Broadway and West 45^th Street, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site is heavily congested with pedestrian traffic, and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC every day; and

WHEREAS, Community Board Five recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on SEC 45^TH Street and 7^th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site falls within CB5 moratorium on new street furniture, and

WHEREAS, The proposed site is heavily congested with pedestrian traffic, and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC every day; and

WHEREAS, Community Board Five recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on SEC 46^th Street and Broadway.

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site falls within CB5 moratorium on new street furniture, and

WHEREAS, The proposed site is heavily congested with pedestrian traffic, and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC every day; and

WHEREAS, Community Board Five recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on SWC 42^nd Street and Broadway.

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site is heavily congested with pedestrian traffic, and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC every day; and

WHEREAS, The proposed site is in front of a building in construction and therefore it is impossible to know that the proposed newsstand would be in compliance vis-à-vis the new building, and

WHEREAS, Community Board Five recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on SWC 53^rd St. & Madison Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, Bamboo Garden Spa is an existing physical culture establishment offering as per the application "Asian, Swedish & Shiatsu Massage;" and

WHEREAS, The premises is on the basement, ground floor and mezzanine of a seventeenth-story office building and contains 4241 square feet of floor area.  The spa has eleven (11) rooms for massage therapy, one shower room, one steam room, and one table shower (exfoliation) room, as well as an employee break room, waiting and reception areas, and a storage/laundry room.; and

WHEREAS, The spa's hours of operation are from 10:00 am to 1:00 am, seven days a week; and

WHEREAS, The application states that approximately nine employees will be employed by the spa, including three licensed massage therapists, one manager, receptionist, cleaners; and

WHEREAS, Four young heavily made up women observed working on the premises at the time of the site visit could not be identified by the management but were described only as "students" and/or "friends;" and management could not provide any elaboration regarding how many "students" and/or "friends" were present on the premises at the time of the site visit, or work there from time to time; and

WHEREAS, Paid advertising for the said premises can be found on the website www.adulteroticmassage.com, a website that lists establishments providing erotic massages in NYC; and

WHEREAS, Two of the three therapists whose licenses are attached to the application filed by the applicant are no longer registered massage therapists with the State of New York; and

WHEREAS, Bamboo Garden Principal also operates Garden Retreat Spa located in CB5 district, a Physical Culture Establishment which application was denied by CB5 in July 2008 for concerns about their method of operation; and

WHEREAS, Community Board Five is gravely concerned with the method of operation for Bamboo Garden Spa; therefore, be it

RESOLVED, Community Board Five recommends denial of the application to legalize the existing Physical Culture Establishment at 224 West 35^th Street; and be it further

RESOLVED, That Community Board Five urges the Department of Investigation for the Board of Standards and Appeals to thoroughly investigate the exact nature of the services proposed by the establishment, and the presence of numerous unlicensed employees in the premises.

The above resolution passed by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant wants to organize a block party on Saturday, October 2^nd , 2010, and

WHEREAS, The proposed event would have 1000 expected visitors throughout the day, and

WHEREAS, Set up would start at 8am, and break down would be completed by 7pm, and

WHEREAS, The proposed event would have 8 food vendors, and 50 to 60 vendors, portable generators, and

WHEREAS, Community Board 5 is unfairly burdened with street closures for street activity permits, parades, film permits and other such events, and is opposed to street closures for any new block party or street festival, therefore be it

RESOLVED, That Community Board Five recommends denial of the block party for Midtown South Explorers Club, application to hold a block party on West 35th Street between 7th & 8th Avenues, November 13th, 2010.

The above resolution passed by a vote of 36 in favor; 2 opposed; 5 abstaining.

WHEREAS, The applicant is proposing a newsstand in front of 766 6th Avenue, between 25th & 26th Streets; and

WHEREAS, The proposed newsstand footprint is 6'-00'' X 12'-00, which would leave 10 feet for pedestrian traffic; and

WHEREAS, The proposed site registers medium to heavy pedestrian traffic, and

WHEREAS, To mitigate negative impact, at the request of Community Board Five, the applicant has agreed to reduce the footprint of his proposed newsstand to a width not to exceed 4 feet, therefore be it

RESOLVED, That Community Board Five recommends approval of the application to install a newsstand in front of 766 6th Avenue, between 25th & 26th Streets

The above resolution passed by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed newsstand would be located on a site that registers heavy pedestrian traffic, and

WHEREAS, The block of the proposed site is to receive a hotel at the site of the former Donnell Library, as well as a 75 stories Jean Nouvel designed tower, and both projects would generate an exponential increase in pedestrian traffic, and

WHEREAS, The proposed newsstand would have an adverse impact on pedestrian traffic in an area that is already extremely congested, and

WHEREAS, In September 2007, Community Board Five recommended denial of an application for a newsstand and the S/W/C of West 53^rd Street and Avenue of the Americas in part because of its adverse impact on the pedestrian traffic; and

WHEREAS, The November 2007, Community Board Five recommended denial of an application for a newsstand at the S/E/C  of West 53^rd Street and Avenue of the Americas, because of its adverse impact on pedestrian traffic; therefore be it

RESOLVED,  That Community Board Five recommends denial of the application for a newsstand in front of 20 West 53^rd Street. and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the North East Corner of 5th Avenue and 58th Street; and

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

WHEREAS, The proposed location has been denied by DCA & DOT in 2008, and

WHEREAS, CB5 has a moratorium for street furniture at the site of the proposed newsstand, and

WHEREAS, The intersection is one of the most congested with pedestrian traffic in New York City, and

WHEREAS, The 5th Avenue Association BID has conducted a pedestrian traffic study of the area showing severe traffic congestion, and

WHEREAS, A newsstand at the proposed site would have an extremely negative impact on pedestrian traffic, thus creating an unsafe condition, and

WHEREAS, There are no newsstands on 5th Avenue between 25th Street and 82nd Street), and

WHEREAS, A newsstand would set an unfortunate precedent and would create visual clutter on the prestigious Avenue, and

WHEREAS, The New York City Art Commission has rejected newsstands proposed for the Fifth Avenue Special District stating, "The Commission notes that the zoned, Fifth Avenue Special Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands, will severely detract from its attractiveness and effectiveness." therefore be it

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, Community Board 5 recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NEC of 5th Avenue and East 58th Street; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the North East Corner (NEC) of West 44th Street & Broadway; and

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

WHEREAS, The proposed location has been denied by DCA & DOT in 2003, and

WHEREAS, CB5 has a moratorium for new street furniture at the site of the proposed newsstand, and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already acutely heavy, and add to congestion and create an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NEC West 44th Street & Broadway; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the South East Corner (SEC) 6th Avenue and West 38th Street; and

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

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already heavy, and add to congestion and create an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC 6th Avenue & 38th Street; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, Set up would start at 8am, and break down would be completed by 7pm, and

WHEREAS, The proposed event would have 1000 expected visitors throughout the day, and

WHEREAS, The proposed event would have 8 food vendors, and 50 to 60 vendors, portable generators, and

WHEREAS, Community Board Five is unfairly burdened with street closures for street activity permits, parades, film permits and other such events, and is opposed to street closures for any new block party or street festival, therefore be it

RESOLVED, That Community Board Five recommends denial of the block party for St. Francis Food Pantries & Shelters, application to hold a block party on West 33rd Street between 6th & 7th Avenues, November 13th, 2010.

The above resolution passed  by a vote of 42 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Vicar Restaurant Enterprises, Inc. d/b/a Ipanema Restaurant, is applying for an unenclosed sidewalk café at 13 West 46^th Street, bet. 5^th Ave. and Ave of the Americas; and

WHEREAS, The proposed sidewalk café would have 2 tables and 8 seats with a 3 ft service aisle to be located between the façade of the building and the tables, leaving 9'5'' for pedestrian traffic; and

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

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

RESOLVED, That Community Board Five recommends approval of the application for an unenclosed sidewalk café with 2 tables and 8 seats at 13 West 46^th Street, between 5^th Avenue and Avenue of the Americas.

The above resolution passed  by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, HPA Restaurant LLC, is applying for a small unenclosed sidewalk café at 255 5^th Avenue, bet. 28^th & 29^th Sts; and

WHEREAS, The proposed sidewalk café would have 6 tables and 24 seats, leaving 15'3'' for pedestrian traffic; and

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

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

RESOLVED, that Community Board Five recommends approval of the application for an unenclosed sidewalk café with 6 tables and 24 seats at 255 5^th Avenue, bet. 28^th & 29^th Sts.

The above resolution passed  by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Park Central Hotel (DE) LLC, is applying for a small unenclosed sidewalk café at 870 7^th Avenue, bet. 55^th & 56^th Sts; and

WHEREAS, The proposed sidewalk café would have 8 tables and 32 seats; and

WHEREAS, The proposed sidewalk café is located in front of subway grates, leaving approximately 10 ft. for pedestrian traffic and,

WHEREAS, The sidewalk registers extremely heavy pedestrian traffic, as it is a pedestrian corridor from Central Park to the Theater District; and

WHEREAS, The current configuration leaves too little space for pedestrian traffic; and

WHEREAS, Based on the CB5's concerns, the applicant has agreed to:

1.     reduce the footprint of the café to 10 tables and 20 seats, leaving 12 ft. for pedestrian traffic; and

2.      discontinue the use of any external amplified sound or music emanating from the hotel outside the hours of 9:00 AM to 9:00 PM daily; and

3.      discontinue the use of any noise making devices (e.g. whistles etc.) to solicit taxis and transportation services by hotel employees outside the hours of 9AM to 9PM daily; and

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

RESOLVED, That Community Board Five recommends approval of the application for an unenclosed sidewalk café with 10 tables and 20 seats at 870 7^th Avenue, bet. 55^th & 56^th Sts.

The above resolution passed  by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Argo Tea, LLC d/b/a Argo Tea Café, is applying for a small unenclosed sidewalk café at 949 Broadway, bet. 22^nd & 23^rd Sts; and

WHEREAS, The proposed sidewalk café would have 8 tables and 18 seats, leaving 11'3'' for pedestrian traffic; and

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

WHEREAS, The sidewalk registers light pedestrian traffic and is abutting a pedestrian plaza; therefore be it

RESOLVED, that Community Board Five recommends approval of the application for an unenclosed sidewalk café with 8 tables and 18 seats at 949 Broadway, bet. 22^nd & 23^rd Sts.

The below resolution was passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, HARMONY Spa is applying for a legalization of a Heath and Physical Culture Establishment; and

WHEREAS, The establishment is 1761 square feet and operates as a spa offering a menu of facials, body treatments and massages, catering mainly to women; and

WHEREAS, The proposed site is located within an M1-6 zoning district; and

WHEREAS, Upon inspection, the establishment appears to be a legitimate spa and physical culture establishment; and

WHEREAS, Harmony Spa opened for business on June 2, 2009 with a special permit from BSA, a legal status that has not been unusual for physical culture establishments under BSA's current permitting process; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for legalization of BSA special permit for the legalization of a health and physical culture establishment at 240 West 38th Street, and that CB5 recommends BSA reschedule its permitting process for physical culture establishments in order to provide final permits on a more timely basis.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining. 

WHEREAS, The applicant is proposing a newsstand on the northeast (NEC) corner of 7th Avenue and West 55th Street; and

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

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition for pedestrians; and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, There is a subway entrance about 50 ft. from the proposed site; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NEC 7th Avenue and West 55th Street; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday; and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

Dear Deputy Director Gotay:

At the regularly scheduled monthly meeting of Community Board Five on Thursday, July 8, 2010, the Board passed the following resolution :

WHEREAS, The applicant is proposing a newsstand on the N/W/C West 43^rd Street and 5^th Avenue; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition; and

WHEREAS, There are two (2) other newsstands one block away; and

WHEREAS, Community Board 5 has a moratorium on newsstands on 5^th Avenue, and echoes the concerns of the Design Commission who said :"The Commission notes that the zoned, Fifth Avenue Special Business District has exceptional visual corridors and that the addition of any obstruction, including planters and newsstands will severely detract from its attractiveness and effectiveness."

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the N/W/C West 43rd Street and 5th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the South East Corner of Broadway and 36^th Street, and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition; and

WHEREAS, The drawing produced by the applicant is not to scale, and contains many inaccuracies; and

WHEREAS, There are existing newsstands in the vicinity; and

WHEREAS, The proposed site is a vaulted sidewalk, not reinforced to bear the weight of the structure; and

WHEREAS, 2 standpipes are located within 14 feet of the proposed newsstand location, therefore making the proposed site non-compliant with Requirements of the City of New York; and

WHEREAS, The 34^th Street Partnership expressed their strong opposition to the newsstand on the same grounds set forth above and to further oppose the application based on the adverse impact the newsstand would have on retail tenants; and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, Community Board 5 recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the South East Corner of Broadway and 36^th Street; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed  by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition; and

WHEREAS, The subway entrance is located on the east corners of 50th and Broadway; and

WHEREAS, There is a bus stop on 50^th Street, close to the proposed site; and

WHEREAS, The proposed site is located in the theater district and registers extremely high pedestrian traffic: The Gershwin Theater is located on 50th Street (between Broadway and 8th Avenue); The Winter Garden Theater is located on Broadway (between 49^th and 50^th Street); and

WHEREAS, There is an already existing newsstand on the same block as the proposed newsstand site (about 15 feet north of the northeast corner of 49th Street), and there is also another newsstand across Broadway (on the northwest corner of 49th Street); and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the S/E/C Broadway and West 50th Street; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed  by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the S/E/C East 41^st Street & Park Avenue; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition; and

WHEREAS, The proposed newsstand would be installed on an architecturally significant sidewalk installation, developed by architect Greg LeFevre that includes several sidewalk plaques. The installation of a newsstand on the project would adversely impact the installation; and

WHEREAS, The proposed newsstand would be installed directly across from the Pershing Square viaduct; and

WHEREAS, The sidewalk where the newsstand is proposed is very fragile, so fragile that the Grand Central Partnership has never installed street furniture or planted trees because the sidewalk would be negatively impacted; and 

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the the S/E/C East 41st Street & Park Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant wants to organize a block party on Sunday October 3^rd 2010; and

WHEREAS, The proposed event would have 5000 expected visitors throughout the day; and

WHEREAS, The proposed event would have 10 food vendors (alcohol would be served by 1 vendor), and a variety of vendors, amplified sound, portable generators, a stage and a tent; and

WHEREAS, Community Board 5 is unfairly burdened with street closures for street activity permits, parades, film permits and such, and is opposed to street closures for any new block party or street festival; therefore be it

RESOLVED, That Community Board Five recommends denial of the block party for New York Japanese American Lions Club Charities, Inc, on 41^st Street, between Madison and 5^th Avenues, on Sunday, October 3^rd 2010.

The above resolution passed  by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Xavier High School located on West 16th Street between 5th & 6th Avenues want to host a block party on Friday, October 1st, 2010; and

WHEREAS, The event will start with set up at 8.30am and will end at 2.30pm; and

WHEREAS, The event is exclusively for students of the school and is not open to the general public; and

WHEREAS, The event has been recurring for the past ten years; and

WHEREAS, The block is very largely residential and a number of residents attended the Consents & Variances committee meeting to express their support to the block party; and

WHEREAS, The applicant has agreed to give the 16^th Street block association a table at the Block Party; therefore be it

RESOLVED, That Community Board 5 recommends approval of the block party for Xavier High School, on Friday, October 1st, 2010.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, CFR2, LLC, is applying for an unenclosed sidewalk café at 40 E 20^th St, bet. Broadway & Park Ave South, and

WHEREAS, The proposed sidewalk café would have 2 tables and 4 seats, leaving 8 feet for pedestrian traffic and,

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

WHEREAS, The sidewalk registers light pedestrian traffic, therefore be it

RESOLVED, That Community Board Five recommends approval of the application for an unenclosed sidewalk café at 40 East 20^th Street with 2 tables and 4 seats.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, MEDPARK, LLC, is applying for an unenclosed sidewalk café at 41 East 30^th Street, bet. Madison Avenue & Park Avenue South, and

WHEREAS, The proposed sidewalk café would have 6 tables and 12 seats, leaving 8' for pedestrian traffic and,

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

WHEREAS, The sidewalk registers light pedestrian traffic, therefore be it

RESOLVED, That Community Board Five recommends approval of the application for an unenclosed sidewalk café with 6 tables and 12 seats at 41 East 30^th Street bet. Park Avenue South & Madison Avenue.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, FRIEDFIELD BRESLIN, LLC, is applying for an unenclosed sidewalk café at 1186 Broadway at the corner of 29^th Street, and

WHEREAS, The proposed sidewalk café would have 13 tables and 26 seats,

-       With 4 tables and 8 seats on Broadway, leaving 8'1'' feet for pedestrian traffic and,

-       With 9 tables and 18 seats on 29^th Street, leaving 8 feet for pedestrian traffic and

WHEREAS, The sidewalk café has agreed to the following hours of operation:

-       Monday      8:00 AM - 10:00 PM

-       Tuesday      8:00 AM - 10:00 PM

-       Wednesday 8:00 AM - 10:00 PM

-       Thursday    8:00 AM - 11:00 PM

-       Friday         8:00 AM - 11:00 PM

-       Saturday     11:00 AM - 11:00 PM

-       Sunday       11:00 AM - 10:00 PM; and

WHEREAS, The sidewalk registers light to medium pedestrian traffic, therefore be it

RESOLVED, That Community Board Five recommends approval of the application for an unenclosed sidewalk café with 13 tables and 26 seats at 1186 Broadway at the corner of 29^th Street.

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

WHEREAS, The applicant, FRIEDFIELD BRESLIN, LLC, is applying for an unenclosed sidewalk café at 20 West 29^th Street, between 5^th Ave & Broadway, leaving 8 feet for pedestrian traffic, and

WHEREAS, The proposed sidewalk café would have 4 tables and 8 seats,

WHEREAS, The sidewalk café has agreed to the following hours of operation:

-       - Monday          8:00 AM - 10:00 PM

-       Tuesday            8:00 AM - 10:00 PM

-       Wednesday       8:00 AM - 10:00 PM

-       Thursday          8:00 AM - 11:00 PM

-       Friday               8:00 AM - 11:00 PM

-       Saturday           11:00 AM - 11:00 PM

-       Sunday             11:00 AM - 10:00 PM; and

WHEREAS, The proposed sidewalk café is located across the street from Masjid Ar-Rehman, a mosque and place of worship, and CB5 acknowledges that the spirit of the SLA 200 ft rule is to prevent licensed establishments near a place of worship, therefore be it

RESOLVED, That Community Board Five recommends denial of the application for an unenclosed sidewalk café with 4 tables and 8 seats, unless no liquor is served.

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

The following applications for sidewalk cafes were given 'no comment':

3 East 54th Street
15 East 18th Street
35 Union Square West - Heartland Brewery
42 Central Park South - MMR Ventures
120East 28th Street - The Black Duck
210 West 55th - Serafina
322 7th Ave. - Greek Corner Restaurant
411-413 Park Ave. South - La Boucherie LLC
676 6th Ave. - Markt on Ladies' Mile LLC

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

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

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

WHEREAS, The applicant agreed to strict stipulations:

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

- keep doors closed at all times after closing

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

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

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

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

- attend meetings called by CB5 to address concerns with residents

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

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

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

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

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

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

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

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

WHEREAS, The applicant agreed to modify the application to:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHEREAS, The event will have no other vendors; and

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

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

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

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

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

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

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

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

WHEREAS, The Laboratory Institute of Merchandising wants to hold a welcome party and orientation for new students to meet existing faculty and staff on 53rd Street between Fifth and Madison Avenues, on August 22, 2010; and

WHEREAS, The applicant is a business school established in the 1930s and has held this event at this location last year without incident; and

WHEREAS, The school is located at the proposed site; and

WHEREAS, Approximately 1,000 participants are expected at the event; and

WHEREAS, The event will have a few carnival-type activities, 5 vendors of school-related merchandise and 1 food vendor, being the school's food service provider; and

WHEREAS; The event is to be held from noon to 5:00 p.m., with set up beginning no earlier than 9:00 a.m. and breakdown completed no later than 7:00 p.m.; and

WHEREAS, The applicant will have a stage and amplified sound and the street on which the event will take place is mainly commercial, with no residential buildings to impact; and

WHEREAS, The applicant has agreed to contact the police precinct and the Department of Sanitation to coordinate with those agencies; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, That Community Board Five recommends approval of a block party on 53rd Street between Fifth and Madison Avenues, on August 22, 2010.

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

WHEREAS, The applicant seeks a permit to install and operate a 6' x 12" newsstand at 843 7^th Avenue (on the N/E/C OF West 54^th St. & 7^th Ave), and

WHEREAS, The proposed newsstand would be located in the Central Park-Theater district corridor, an area that registers a heavy pedestrian flow, reaching critical level at rush hour; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The neighborhood is adequately served by the existing newsstand and newspaper stores in the vicinity, including a newspaper and gift store, The Smoke Scene, at 785 Seventh Avenue between 54th and 55th Street, in close proximity to the proposed location of the newsstand; and 

WHEREAS , The Wellington Hotel, corner 55th Street and Seventh Avenue, the Sheraton Hotel, corner 53rd Street and Seventh Avenue, and the Park Central Hotel across the Avenue all have Newsstand -Gift Shops; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The newsstand would negatively impact on the surrounding area creating physical and visual clutter; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at 843 7^th Avenue, on the N/E/C of West 54^th Street and 7^th Avenue), and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 5pm on a weekday, and be it further

RESOLVED, That in recognizing that the cost for applications for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

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

WHEREAS, Community Board Five has received the following applications for street festivals:

• Innovative Community Enterprises, Inc., on Madison Avenue, between 42^nd and 57^th Streets, on Monday, May 31
• National Ethnic Coalition of Organizations, Inc., on Madison Avenue, between 42^nd and 57^th Streets, on Sunday, July 11
• Daytop, on Madison Avenue, between 42^nd and 57^th Street, on Sunday, August 22
• The Workmen's Circle, Inc., on Madison Avenue, between 42^nd and 57^th Streets, on Sunday August 15
• American Diabetes Association, on Madison Avenue, between 42^nd and 57^th Streets, on Saturday, October 30
• Cathedral of St. Patrick's - Archdiocese of NY, Young Adults, on Madison Avenue, between 42^nd and 57^th Streets, on Sunday, November 7
• Union Square Community Coalition, Broadway, between17th and 23^rd Streets, on Sunday, April 11
• The Manhattan Republican Club, on Broadway, between 17^th and 23^rd Sts, on Saturday, October 23
• Holy Innocents, on Broadway, between 47^th and 57^th Streets, on Sunday, October 24
• The Alliance of Guardian Angels, Inc. on Broadway, between 47^th and 57^th Streets, on Saturday, September 18
• Coalition of Italo-American Assoc. Inc.; on Broadway, between 47^th and 57^th Streets, on Sunday, May 23
• The Motion Picture Club, on Broadway, between 47^th Street and 57^th Street, on Sunday, July 18
• Big Apple Performing Arts, on Broadway, between 47^th and 57^th Streets, on Sunday, August 29
• St. Francis Church of Assisi, Broadway, between 31^st & 32^nd Streets, Sunday, May 23
• International Immigrants Foundation, on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, June 5
• Church of St. John the Baptist, on Sixth Avenue, between 23^rd and 33^rd Street, Saturday, June 26
• McBurney YMCA, 6^th Avenue, between 14^th and 23^rd Streets, on Saturday, July 3
• USO of Metropolitan New York, on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, July 3
• Avenue of the Americas Association, on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, July 31
• 23^rd Street Association, on 6^th Avenue, between 14^th and 23^rd Streets on Saturday, August 14
• Brazilian American Cultural Center Inc., on Avenue of the Americas, between 42^nd and 56^th Street, on 46^th Street, between Madison and 5^th and 46^th Street, between 6^th and 7^th Avenues on Sunday, September 5
• St. Ceciles Scholarship Fund, 6^th Avenue, between 14^th and 23^rd Streets, on Saturday, August 14
• Global Role Models, Inc., on Avenue of the Americas, between 42^nd and 56^th Streets, on Saturday, October 9
• Midtown South Community Council, on 6^th Avenue, between 32^nd and 42^nd Streets, on Sunday, October 31
• 52 Association for the Handicapped, Inc (Children's Leukemia Research Association), on 52^nd Street, between Lexington and Seventh Aves., on Sunday, July 25
• Auxiliary Police Benevolent Association Inc., on 52^nd Street, between 5^th & 6^th Aves, on Sunday, April 11
• 14^th Street-Union Square LDC, on Park Avenue South, between 17 and 23^rd Streets, on Saturday, July 10
• Pershing Square Urban Plaza, on Park Ave, between 40^th and 41^st Streets, from Monday, April 5 to Sunday, October 31
• Midtown North Precinct Explorers Club, 45^th Street, between 6^th and 7^th Avenues, on Sunday, April 18
• Earth Day New York, on Vanderbilt Avenue, between 42^nd and 45^th Streets, on Friday and Saturday, April 23-24
• Kidney Urology Foundation, on Lexington Ave, between 34^th and 42^nd Streets, on Saturday, June 5
• United War Veterans Council of NY, Inc. on 56^th Street, between Madison and 6^th Avenues, on Thursday, November 11
• Meretz/Israeli Civil Rights Education Fund, on Lexington Avenue, between 34^th and 42^nd Streets on Sunday, July 4
• St. George Assoc., Inc. (NYPD), on 45^th Street, bet. 5^th and 7^th Avenues, on Saturday, November 13 and Sunday, November 14
• Taste of Times Square, West 46^th Street, between Broadway and 9^th Avenue and Broadway Pedestrian Plazas, between 42^nd and 47^th Street, Monday, June 7.
• 47^th Street Block Association, on 8^th Avenue, between 42^nd and 57^th Street, on Sunday, September 19
• Midtown North Community Council, on 8^th Avenue, between 42^nd and 57^th Streets, on Sunday, October 10
• The Korea times & KAAGNY, on 32^nd St., between Broadway and 5^th Ave, on Saturday, October 2
• Fashion Institute of Technology, block party on 27^th St., between 7^th & 8^th Aves, on Saturday, May 1

WHEREAS, The sponsors of these events are located within the boundaries of Community Board Five district, or have jurisdiction over Community Board Five, and

WHEREAS, These events are held every year without incident; and

WHEREAS, The sponsors abide by Community Board Five Street Activity Permit Policies, therefore be it,

RESOLVED, That Community Board Five approves the above-mentioned applications.

The above resolution passed by a vote of 32 in favor; 4 opposed; 2 abstaining.

WHEREAS, the applicant, Copel 2007 Inc., is applying for an unenclosed sidewalk café along the northerly side of East 19^th Street between Broadway and Park Avenue South, and

WHEREAS, the applicant agreed to Community Board Five recommended hours of operation to 11pm closing time from Sunday to Thursday and midnight on Fridays and Saturdays, and

WHEREAS, the unenclosed sidewalk café would only have 3 tables and 6 seats, leaving 9'10'' for pedestrian traffic, and

WHEREAS, the proposed unenclosed sidewalk café would not have a substantially negative impact on pedestrian traffic; therefore be it,

RESOLVED, that Community Board Five recommends approval of the Application for an unenclosed sidewalk café at 39 East 19^th Street.

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

WHEREAS, The Ancient Order of Hibernians wants to organize a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, August 21^st, 2010, and

WHEREAS, The discrimination practices of the Ancient Order of Hibernians are against Community Board Five Street Activity Permit Policies, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to hold a street fair on Avenue of the Americas between 42nd and 56th Street, on Saturday, August 21^st, 2010.

The above resolution passed by a vote of 36 in favor; 0 opposed; 2 abstaining.

WHEREAS, Community Board Five has received the following application:

• Congress of Racial Equality, on Broadway, between 47^th and 57^th Street, on Sunday, August 1

WHEREAS, Over the years, SAPO has relocated street fairs so that the events take place within the board where the sponsoring entity is located, and

WHEREAS, The sponsor for the above-mentioned application is not located within Community Board Five, nor do they have jurisdiction over the district, and

WHEREAS, CORE already conducts a street fair in CB#2, where its headquarters is located, therefore be it

RESOLVED, That Community Board Five recommends denial of the above-mentioned application for Congress of Racial Equality for street event on Sunday, August 1^st.

The above resolution passed by a vote of 28 in favor; 9 opposed; 1 abstaining.

WHEREAS, Community Board Five has received the following applications for street festivals:

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

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

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

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

WHEREAS, in 2009, opposition against street fairs on West 46^th Street between Broadway and 8^th Avenue  on matinee days was voiced by the theaters, and

WHEREAS, Community Board 5 encourages applicant and businesses located on the block to engage in dialogue to find solutions, and mitigate the negative impact these events have on their surroundings, therefore be it,

RESOLVED, that Community Board Five recommends approval of the Church of Scientology block party this year with the understanding that in 2011, the event will be approved only if a letter of no objection is provided by all theaters located on the block.

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

WHEREAS, Community Board Five has received the following applications:

• Gramercy Park Block Association, Broadway, between 17^th and 23^rd Streets, on Saturday, October 2
• Gramercy Park Neighborhood Association, Broadway, between 17^th and 23^rd Streets, on Saturday, May 8
• Gramercy Stuyvesant Independent Democrats, Broadway, between 17^th and 23^rd Streets, on Sunday, November 7
• NY Young Republican Club, on Broadway, between 47^th and 57^th Streets, on Saturday, June 19

WHEREAS, Over the years, SAPO has relocated street fairs so that the events take place within the board where the sponsoring entity is located, and

WHEREAS, The sponsors for the above-mentioned applications are not located within Community Board Five, nor do they have jurisdiction over the district, therefore be it

RESOLVED, That Community Board Five recommends denial of the above-mentioned applications.

The above resolution passed by a vote of 22 in favor; 15 opposed; 1 abstaining.

WHEREAS, Community Board Five has received the following applications:

• San Lorenzo Ruiz/Filipino Apostolate (St. Patrick Cathedral), on 51^st Street, between Madison and 5^th Aves, on Sunday, September 19
• The Pinwheel Group Inc., block party on 16^th Street, between 5^th & 6^th Avenues, on Sunday, October 3.

WHEREAS, these are all new applications, and

WHEREAS, the NYPD has instituted a moratorium last year on permit applications for first-time fairs, and

WHEREAS, Community Board Five supports the NYPD moratorium, therefore be it

RESOLVED, That Community Board Five recommends denial of the above-mentioned applications.

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

WHEREAS, The applicant is proposing a newsstand on the southeast corner (SEC) of West 56^th Street & 6^th Avenue; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic (which is already very heavy in this major office corridor, with even heavier traffic during the holiday season with Rockefeller Center, Radio City, and Central Park nearby)  and further add to congestion and create an unsafe condition; and

WHEREAS, There are three (3) other newsstands nearby, on 55^th Street and 6^th Avenue and on the southwest and northeast corners of West 57^th Street and 6^th Avenue, and a Universal News/UPS retailer across from the corner (Westside of 6^th Avenue near 56^th Street) that sells essentially the same items that the Applicant would sell; and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC West 56^th Street & 6^th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

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

WHEREAS, Community Board Five has received the following application:

• World Heritage Cultural Center, Central Park South and 59^th Street, on Saturday, June 5, 2010

WHEREAS, this is a new application, and

WHEREAS, the NYPD has instituted a moratorium last year on permit applications for first-time fairs, and

WHEREAS, Community Board Five supports the NYPD moratorium and, further, this event is adjacent to the International Immigration Foundation's approved event on 6^th Avenue between 42^nd and 50^th Street at the same time, therefore be it

RESOLVED, That Community Board Five recommends denial of the above-mentioned application.

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

WHEREAS, Union Square Hospitality Group has applied for a Special Events Permit for the use of Madison Square Park in order to conduct the Big Apple Barbeque on Saturday June 12 and Sunday June 13, 2010 between the hours of 12:00 PM and 6:00 PM; and

WHEREAS, Union Square Hospitality Group has applied for a Street Activity Permit for the use of:

• Madison Avenue between East 23^rd Street and East 26^th Street; and
• East 24^th Street and East 25^th Street, between Madison Avenue & Park Avenue South; and
• East 26^th Street, between Fifth Avenue and Madison Avenue on Friday June 11, Saturday June 12, and Sunday June 13, 2010; and

WHEREAS, Set up would begin on Friday June 11, 2010 at 7:00 PM, and dismantling and clean-up would begin on Sunday June 13, 2010; and

WHEREAS, The applicant has agreed to leave the park and surrounding area in pristine condition; and

WHEREAS, This event would be a fund raiser for the Madison Square Park Conservancy with an approximate donation of $100,000.00; and

WHEREAS, This event would be open to the public; and

WHERAS, This event would bring an exciting part of Americana to NYC; and

WHEREAS, Refrigerated trucks would be located on East 24th Street to prevent disturbance to individuals residing in buildings surrounding Madison Square Park; and

WHEREAS, During the set-up and dismantling periods, NYPD would have a presence to make sure this is done in as quiet a manner as possible as not to disturb those living around the park; and

WHEREAS, The applicant would make arrangements with all of the pertinent agencies to ensure that:

• MTA and DOT would provide the public with advance notice that the buses will be rerouted during this event; and
• MTA would provide additional crews to keep the 23rd Street Station clean during the event, as well as staff to help with directions, and dispatchers posted at the bus stops; and
• NYPD would make sure that no one is parked in the bus stops, and would also monitor for double parking; and

WHEREAS, In order to keep the motor vehicle traffic moving while ensuring the safety of pedestrian crossing, NYPD would provide traffic officers to cover the corners of:

• East 23rd Street and Broadway; and
• East 23rd Street and Madison Avenue; and

WHEREAS, As in years past, the Puerto Rican Day Parade, which takes place on Fifth Avenue between 44^th and 86^th Streets, will also occur on Sunday June 13, 2010, but the NYPD has assured us that they will be able to staff sufficiently these simultaneous events; and

WHEREAS, There would be amplified sound, for which the applicant would obtain the required permits, and would monitor the noise levels and duration, as not to disturb those living around the park; and

WHEREAS, Sanitation has agreed to make extra pickups of the trash throughout the entire Flatiron Business Improvement District and the BID staff would bag all the trash in receptacles for pickup, thus ensuring that the entire surrounding area would be kept as clean as possible; and

WHEREAS, The beer area would be cordoned off and sufficiently patrolled, and the permits from the SLA would be posted; and

WHEREAS, In order to manage the crowds, and the flow of pedestrian traffic, particularly near the 23^rd Street and Broadway entrance, Madison Square Park would be secured by a full complement of NYPD officers as well as private security hired for the event; and

WHEREAS, Security measures would be implemented in order to ensure that the playground remains safe and accessible to smaller children; and

WHEREAS, In the efforts to improve this event, Union Square Hospitality Group has maintained and will continue a constructive dialogue with Community Board Five, Madison Square Park Conservancy, NYC Department of Parks & Recreation, Flatiron Business Improvement District, New York Police Department, Department of Transportation, Metropolitan Transit Authority, NYC Street Activities Permit Office, Department of Sanitation, and the area's residents; therefore, be it

RESOLVED, That Community Board Five recommends approval of Union Square Hospitality Group's applications to conduct the Big Apple Barbecue on Saturday June 12 and Sunday June 13, 2010.

The above resolution passed by a vote of 32 in favor; 5 opposed; 1 abstaining.

WHEREAS, The applicant is proposing to replace an existing old newsstand with a new newsstand on the northwest corner (NWC) of 46^th Street and Broadway and to relocate the newsstand to the north by about 15 feet; and

WHEREAS, The application is being made at the specific request of American Eagle (AE), the retail tenant of the building in front of the existing newsstand, which has undertaken an extensive renovation of the store and the sidewalk ($90 Million invested according to AE's representative); 

WHEREAS, The existing newsstand is located directly in front of the entrance to AE's store; and

WHEREAS, The existing newsstand is an eyesore; and

WHEREAS, The proposed newsstand would be entirely within the AE store's frontage and will not adversely impact the area anymore than the existing newsstand; and

WHEREAS, The proposed newsstand would be an improvement in design and aesthetics over the existing one; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to install a newsstand at the NWC of 46^th Street and Broadway.

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

WHEREAS, Park Tower Group, the owner of 535 Madison Avenue, seeks to install a modular newsrack ("Newsrack") as part of its streetscape improvement plan; and

WHERAS, The Newsrack is the same design as the existing Grand Central Partnership newsrack; and

WHEREAS, The Newsrack will be installed on the 54^th Street sidewalk; and

WHEREAS, The Newsrack will be maintained by the Applicant; and

WHEREAS, although CB5 recognizes that the sidewalk usually registers heavy pedestrian traffic, the Newsrack would have a minimally adverse impact, therefore be it is

RESOLVED, that Community Board 5 recommends approval of the revocable consent for the installation of the Modular Newsrack on the 54^th Street Side of the NEC of 54^th Street and Madison Avenue.

The above resolution passed vote of 40 in favor, 0 opposed, 1 abstention.

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of 42^nd Street and 7^th Avenue; and

WHEREAS, CB5 has a moratorium on new newsstands along 42^nd Street between 8^th Avenue and 5^th Avenue and in the Bowtie Section of Times Square; and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, Community Board Five is gravely concerned by the increase of nonconforming applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC of 42^nd Street and 7^th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at evening rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That Community Board Five urges DOT to reduce the threshold level for pedestrian count for newsstand applications to 8 persons per linear foot per minute, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 40 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the southeast corner (SEC) of East 48^th Street and 5^th Avenue; and

WHEREAS, The proposed newsstand would create a visual blight along the Fifth Avenue corridor in violation of CB5's Moratorium on newsstands and other street furniture along 5^th Avenue from 34^th Street to 59^th Street; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC of East 48^th Street and 5^th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location during rush hour (4 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 40 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the southeast corner (SEC) of 42^nd Street and Broadway; and

WHEREAS, CB5 has a moratorium on new newsstands along 42^nd Street between 8^th Avenue and 5^th Avenue and in the Bowtie section of Times Square; and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, Community Board Five is gravely concerned by the increase of nonconforming applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC of 42^nd Street and Broadway; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at evening rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That Community Board Five urges DOT to reduce the threshold level for pedestrian count for newsstand applications to 8 persons per linear foot per minute, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 40 in favor; 0 opposed; 1 abstaining.

[CB5 reviewed] the application to extend the term of a previously granted special permit allowing the operation of a physical culture establishment for New York Sports Club at 200 Madison Avenue in the Community Board Five District.

 Please be advised that after reviewing the application and visiting the location, the Chair of Community Board Five's Consents and Variances Committee, has no objection to the request. 

 WHEREAS, The applicant, TREL RESTAURANT INC, DBA Rosie O'Grady is applying for an unenclosed sidewalk café at 800 7th Avenue, at the corner of 52nd street, and

WHEREAS, The proposed sidewalk café would have 21 tables and 82 seats, located on 7th Avenue (12 tables, 48 seats) and on 52nd street (9 tables, 34 seats) and

WHEREAS, Due to the heavy pedestrian traffic Community Board Five felt the proposed unenclosed sidewalk café would have a negative impact, the applicant agreed to drastically reduce the unenclosed sidewalk café footprint, and

WHEREAS, The revised unenclosed sidewalk café would have 13 tables and 26 seats, located on 7th Avenue (7 tables, 14 seats) and 52nd Street (6 tables, 12 seats), leaving 15'8'' feet for pedestrian traffic on 7th Avenue; therefore be it,

RESOLVED, That Community Board Five recommends approval of the revised application for an unenclosed sidewalk café at 800 7th Avenue, at the corner with 52nd street.

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

WHEREAS, Community Board Five receives a large number of requests for street co-naming, and

WHEREAS, a street co-naming blade will become a permanent addition to the proposed street corner;

WHEREAS, Community Board Five district is a very busy area, encompassing vibrant and congested commercial district that has numerous signs, blades, and other objects that can constitute visual clutter, and

WHEREAS, in an already cluttered district, the addition of street blades to honor a person, cause, group, organization adds to the confusion for pedestrians and drivers alike, and

WHEREAS, worthiness of a person, cause, group or organization proposed for street co-naming is a subjective matter that lacks objective principles, making the decision process a difficult one for Community Board Five and a painful one for applicants in case of a denial, and

WHEREAS, Community Board Five recognizes the importance of recognition of such persons, causes, group or organizations within the district boundaries, and instead supports ways other than the permanent installation of street blades, such as a plaque on a building, embedded elements on the sidewalk, for which applications should be filed with city agencies such as DOB, DOT, Design Commission, etc., and

WHEREAS, Community Board Five will notify applicants of its policy by a letter attached, therefore be it

RESOLVED that Community Board Five establishes a moratorium on installation of new street blades with the following condition:

RESOLVED, That throughout the duration of this moratorium, Community Board Five will forward its recommendations for denial to City Council and other city agencies.

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

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of West 42nd Street and Broadway; and

WHEREAS, CB5 has a moratorium on new newsstands along 42nd Street between 8th Avenue and 5th Avenue; and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, Community Board Five is gravely concerned by the increase of nonconforming applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, and

WHEREAS, The Fifth Avenue BID has observed that there is a perverse effect on pedestrian counts as currently conducted (measuring the number of pedestrians that pass through an area in one minute) when streets become so overcrowded that pedestrian walking speeds are forced to slow to a crawl, which causes the pedestrian count to go down rather than up; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC 42nd Street and Broadway; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at evening rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That Community Board Five urges DOT to reduce the threshold level for pedestrian count for newsstand applications to 8 persons per linear foot per minute, and be it further

RESOLVED, That recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

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

WHEREAS, The Applicant operates a gym with mostly free weights and other heavy equipment in a commercial building on a reservation only basis;

WHEREAS, The Applicant’s facilities and amenities are Spartan and geared towards serious training by professional trainers; and

WHEREAS, The establishment would have little or no impact on pedestrian traffic or otherwise add to the overcrowding of the area;

WHEREAS, There has not been any complaint about the Applicant or any violation issued against the Applicant or the establishment in the twelve (12) years that Applicant has been in operation;

RESOLVED, That Community Board Five recommends approval of the application by Madison/Fifth Associates, LLC for BSA approval as a Physical Cultural Establishment at 532 Madison Avenue.

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

WHEREAS, The applicant is proposing a newsstand on the South-East Corner of 59th Street and 5th Avenue, and

WHEREAS, CB5 has a moratorium on new newsstands along 5^th Avenue as well as 59^th Street; and

WHEREAS, The proposed newsstand would be located in an area that registers  heavy pedestrian flow, fluctuating seasonally, and reaching critical level around the holiday season; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The Art Commission (newly renamed Design Commission), noted that "the Fifth Avenue Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands will severely detract from its attractiveness and effectiveness"; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations; and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process; and

WHEREAS, The Fifth Avenue BID has observed that there is a perverse effect on pedestrian counts as currently conducted (measuring the number of pedestrians that pass through an area in one minute) when streets become so overcrowded that pedestrian walking speeds are forced to slow to a crawl, which causes the pedestrian count to go down rather than up; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC of 59th Street and 5th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at 2Pm-3PM on weekdays; and be it further

RESOLVED, That Community Board Five urges DOT to reduce the threshold level for pedestrian count for newsstand applications to 8 persons per linear foot per minute; and be it further

RESOLVED, That recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied

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

WHEREAS, The applicant is proposing a newsstand on the South-West Corner of 57th Street and 5th Avenue, and

WHEREAS, CB5 has a moratorium on new newsstands along 5^th Avenue; and

WHEREAS, The proposed newsstand would be located in an area that registers  heavy pedestrian flow, fluctuating seasonally, and reaching critical level around the holiday season; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The Art Commission (newly renamed Design Commission), noted that "the Fifth Avenue Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands will severely detract from its attractiveness and effectiveness"; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, and

WHEREAS, The Fifth Avenue BID has observed that there is a perverse effect on pedestrian counts as currently conducted (measuring the number of pedestrians that pass through an area in one minute) when streets become so overcrowded that pedestrian walking speeds are forced to slow to a crawl, which causes the pedestrian count to go down rather than up; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SWC of 57th Street and 5th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at 2Pm-3PM on weekdays, and be it further

RESOLVED, That Community Board Five urges DOT to reduce the threshold level for pedestrian count for newsstand applications to 8 persons per linear foot per minute, and be it further

RESOLVED, That recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

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

28 East 18th Street - Manna Kitchen Inc.

38 East 19th Street - ABC Home Furnishings, Inc., d/b/a PIPA

27-29 East 30th Street - 27-39 East 30 Rest. Corp.

34 West 46th Street - L&J Brazil Restaurant Inc.

38 East 19th Stree - PQ Broadway, Inc.

235 Park Avenue South - Depalino Restaurant Corp., d/b/a City Crab & Seafood Co.

330 7th Avenue - Calshea Restaurant Corp.,

d/b/a The Triple Crown

381 Park Avenue South - 381 Park Avenue South, LLC, d/b/a Prime’s Steakhouse

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of West 57th Street & 6th Avenue; and

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

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition; and

WHEREAS, There are two (2) other newsstands directly across the street from the proposed site on the southwest and northeast corners of West 57th Street and 6th Avenue; and

WHEREAS, There is a bus stop on the 57th Street side of the corner; and

WHEREAS, There is a subway entrance about 50’ from the proposed site; and

WHEREAS, The 6th Avenue side of the proposed corner has too much street furniture including a large phone bank and four (4) newspaper dispensers; and

WHEREAS, The Buckingham Hotel sent two representatives to oppose the application on the same grounds set forth above and to further oppose the application based on the adverse impact the newsstand would have on retail tenants and aesthetic grounds; and

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SWC West 50th Street & 7th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

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

WHEREAS, The applicant is proposing a newsstand on the southwest corner (SWC) of West 50th Street & 7th Avenue; and

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

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition; and

WHEREAS, There is another newsstand directly across the street from the proposed site on the southeast corner of West 50th Street and 7th Avenue; and

WHEREAS, There is a cross-town bus stop on the 50th Street side of the corner; and

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SWC West 50th Street & 7th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

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

WHEREAS, the 47th Street BID is proposing to install interactive kiosks on each end of 47th street on the North side of the street; and

WHEREAS, the kiosks would be 0.74’ deep, 8.30’ tall and 3.35’ wide, made of aluminum with a sunlight readable screen. The interactive kiosks would be closed at night and would be maintained by the BID, and

WHEREAS, the kiosks will provide a directory of all businesses (1300 businesses located in the district) located in the Diamond District, as well as the 47th BID website and an interactive map, helping visitors find the information they need in the district; and

WHEREAS, CB5 requested that the applicant add some historic content and improve the design of the back of the kiosk; and

WHEREAS, although CB5 recognizes that the sidewalk usually registers heavy pedestrian traffic, the kiosks would have a minimally adverse impact, therefore be it

RESOLVED, Manhattan Community Board Five recommends approval of the 47th Street Business Improvement District’s effort to develop an information kiosk that provides easily accessible and clearly understandable information to pedestrians and requests that prior to City approval for installation of the kiosk the 47th Street BID take into account the Board’s concerns for:

The above resolution passed with a vote of 39 in favor, 0 opposed, 1 abstention.

WHEREAS, The applicant seeks a revocable consent for the installation of security bollards at 200 Park Avenue, on the viaduct level; and

WHEREAS, The bollards would replace existing concrete barriers; and

WHEREAS, The proposed bollards would have no negative impact on pedestrian traffic as they would be installed at areas where pedestrian traffic is not permitted; and

WHEREAS, The applicant was prompted by the NYDP Counter-terrorism division to proceed with the application; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a revocable consent to install security bollards at 200 Park Avenue.

The above resolution passed with a vote of 39 in favor, 0 opposed, 1 abstention.

WHEREAS, The Applicant is proposing to install five (5) tables and twenty (20) seats, leaving a 8 ft. clearance for pedestrian traffic; and

WHERAS, The Applicant is proposing to operate the Sidewalk Café from 8 AM to 8 PM; and

WHEREAS, Two to three local residents appeared at the meeting to express their frustration with illegal parking by Pedi-Cabs and illegal vendors and hawkers while acknowledging that the applicant has been a good neighbor; and

WHEREAS, The applicant agreed to submit revised seating plans to eliminate 2 tables to provide an unobstructed entranceway in response to the Committee’s concern that the proposed seating plan would hinder the entranceway to the applicant’s interior premises and leave only 5’ of sidewalk for pedestrians between the existing tree on the sidewalk and the proposed service aisle of the sidewalk cafe; and 

WHEREAS, The applicant agreed to open no earlier than 10 AM on weekends and to close the sidewalk café completely by 8:30 PM; and

WHEREAS, the sidewalk congestion has been temporarily abated by the closure of the subway entrance on the southeast corner of 59th Street and Broadway as well as the partial closing of Broadway to cars;  and

WHEREAS, CB5 recognizes that the sidewalk usually registers heavy pedestrian traffic and that the re-opening of the subway entrance on the southeast corner of 59th Street and re-opening of Broadway to vehicular traffic, may necessitate that the Consent be revoked in the future, therefore be it

RESOLVED, That Community Board 5 recommends approval of the revocable consent to install an Unenclosed Sidewalk Café for five (5) tables and twenty (20) seats at 1800 Broadway (Between 58th Street & Columbus Circle).

The above resolution passed by a vote of 26 in favor; 13 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the northeast corner (NEC) of West 43rd Street & 6th Avenue; and

WHEREAS, The proposed site is located in one of the most densely crowded and heavily trafficked sidewalks in our District; and

WHEREAS, There is another newsstand in 1155 Avenue of the Americas; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The additional sidewalk congestion precipitated by the proposed newsstand may lead pedestrians to walk in the gutters and streets, thereby adding to traffic congestion and creating a potentially dangerous condition; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NEC West 43rd Street & 6th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of Lexington Avenue and East 57th Street; and

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

WHEREAS, A representative of East Midtown Partnership (BID) did appear to object to the application on the basis of impact on pedestrian traffic on an already overcrowded area and the economic threat that the newsstand would pose to the existing retailers who are already suffering badly from the current economic conditions; and

WHEREAS, The proposed newsstand would visually and aesthetically undermine the extensive capital improvement project undertaken by the owner of the adjacent building; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The additional sidewalk congestion precipitated by the proposed newsstand may lead pedestrians to walk in the gutters and streets, thereby adding to traffic congestion and creating a potentially dangerous condition; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC Lexington Avenue & East 57th Street; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of 34th Street and Broadway; and

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

WHEREAS, The proposed newsstand would be located at the same site as an existing bus stop; and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow, that will even increase with the construction of the ARC (Access to the Region’s Core project); and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The additional sidewalk congestion precipitated by the proposed newsstand may lead pedestrians to walk in the gutters and streets, thereby adding to traffic congestion and creating a potentially dangerous condition; and

WHEREAS, CB5 received letters of opposition to the proposed newsstand from the 34th Street BID as well as from ARC (Access to the Region’s Core); and

WHEREAS, Community Board 5 is gravely concerned by the increase of nonconforming applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC 34th Street and Broadway; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at evening rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of West 35th Street & 5th Avenue; and

WHEREAS, The proposed newsstand would extend beyond the building line and create a visual blight along the Fifth Avenue corridor in violation of CB 5’s Moratorium on newsstands and other street furniture along 5th Avenue from 34th Street to 59th Street; and

WHEREAS, The local residents, in particular the residents of the Coop building adjacent to the proposed newsstand, as well as retail businesses appeared at the meeting by a representative to vehemently object to the proposed newsstand application proposed site based on negative impact on pedestrian traffic to an already heavily congested area and adverse economic impact on the area’s retailers, in particular the two retailers on two of the corners of 5th Avenue and 35th Street; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The additional sidewalk congestion precipitated by the proposed newsstand may lead pedestrians to walk in the gutters and streets, thereby adding to traffic congestion and creating a potentially dangerous condition; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC West 35th Street & 5th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

Dear Borough Commissioner Forgione, Deputy Director Gotay, Chair Burden and Exec Director Snyder:

Community Board Five is deeply concerned by the upsurge of newsstand applications in our district, many of which are ineligible based on the Rules of the City of New York.  We would like to offer some suggestions to improve the process for all concerned.

Community Board Five members have spent countless hours surveying proposed sites as part of our mandated responsibility to review these applications, often to find them non-compliant on the face of it.  We urge DCA to implement a pre-screening process that would eliminate applications that are not in compliance for obvious reasons or reasons easy to assess - such as a newsstand in front of a building that has three or more floors of retail, or located within a non-compliant distance to a subway entrance, a vent, a bank, or under a fire escape, etc.

Toward that end, Community Board Five strongly urges the Department of Consumer Affairs, the Department of Transportation and the Design Commission to work with us and other interested parties (including the relevant BIDs) to establish an advisory master plan, and a map with locations where new newsstands would be permissible under current city rules.  In this way, DCA would inform applicants that a desired location is not in compliance with City regulations prior to an applicant financially investing in the application process.

Our district, which includes New York's central business district, suffers from high levels of pedestrian congestion and is home to some of the world's most renown landmarks and exceptional visual corridors (Empire State Building, Chrysler Building, 5^th Avenue visual corridor, Park Avenue visual corridor...).  A comprehensive advisory master plan would help potential applicants pick and choose their spots with greater care and success.

Finally, Community Board Five is very concerned about the financial hardship newsstand operators are subjected to during the application process.  In addition to the fee to DCA, newsstand operators generally need to hire an architect to provide drawings, which cost them thousands of dollars.  Recognizing that the cost of a newsstand application is very high for small business owners and operators, Community Board Five requests that DCA refund the application fee for applications that are denied.  We also recognize that applications for newsstands are usually presented by small business owners who are members of minority groups and recent immigrants and urge the Department of Small Business Services to offer assistance to applicants with the cumbersome details of the application process.

We believe that if the aforementioned changes in the application and approval process were put into place, the applicants and the City would greatly benefit.  We look forward to discussing these issues with the involved city agencies and other appropriate parties, to put in place a streamlined and more coherent process for all concerned.

WHEREAS, Applicant is the operator of Mustang Harry’s, located at 352 Seventh Avenue, and is applying for revocable consent for a new unenclosed sidewalk café with 6 tables and 12 seats; and

WHEREAS, the sidewalk in front of the premises is 20’ wide and the proposed sidewalk café is 5’2” wide, leaving an ample 14’10” of sidewalk space for pedestrian traffic in front of most of the premises and 10’4” between the boundary of the sidewalk café and a mailbox located in front of the premises; and

WHEREAS, the hours of operation of the proposed sidewalk café are 8:00 a.m. – midnight Monday through Thursday, 8:00am-1am Friday and Saturday, and noon to midnight on Sunday; and

WHEREAS, the location of the proposed sidewalk café is a commercial area, and there is little potential for negative impact on residents at that location, if any; and

WHEREAS, the minimal size of the proposed sidewalk café would have minor impact on pedestrian traffic; and

WHEREAS, Community Board Five believes that this is an appropriate location for a sidewalk café of this size and nature; therefore, be it

RESOLVED, Community Board Five recommends approval of a revocable consent for an unenclosed sidewalk café with 6 tables and 12 seats at 352 Seventh Avenue.

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

WHEREAS, the Brazilian Promotion Center wants to hold a cultural event on 46th Street between Madison and Fifth Avenues following a religious ceremony; and

WHEREAS, the Applicant is a cultural institution resident in Community Board Five and located a block from the proposed site; and

WHEREAS, approximately 400 participants are expected at the event; and

WHEREAS, the event will have 3 food vendors and 2 other vendors of Brazilian merchandise; and

WHEREAS; the event is to be held from 10:00 a.m. to 6:00 p.m., with set up beginning no earlier than 8:00 a.m. and breakdown completed no later than 7:00 p.m.; and

WHEREAS, there will be Brazilian musical and dancing performances and celebration of Brazilian culture; and

WHEREAS, the street on which the event will take place is in “Little Brazil” and is a commercial street, with no residential buildings to impact; and

WHEREAS, the Applicant will have 10 volunteers providing security at the event and 20 volunteers performing sanitation during the event at the event location and on surrounding streets; and

WHEREAS, the Applicant has agreed to contact the police precinct and the Department of Sanitation to coordinate with those agencies; and

WHEREAS, the event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, that Community Board Five recommends approval of a block party on 46th Street, between Madison and 5th Avenues, on Saturday, September 5, 2009.

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

WHEREAS, The applicant is proposing a newsstand on the NWC of West 48th Street and 7th Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow, near the heart of Times Square and the theater district; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process; and

WHEREAS, Community Board Five takes its role in the review of applications for newsstands seriously and requests an opportunity to review the applications before consent is granted by the Department of Consumer Affairs; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Consents and Variances meeting on June 29, 2009 to present their application for review; and

WHEREAS, Although any questions that the Committee might have regarding the application could not be addressed since the applicant failed to appear, applicant’s absence did not have an effect on our deliberations and the same conclusion would have been made had applicant been present; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC of West 48th Street and 7th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, 5pm on weekdays, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

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

WHEREAS, The applicant is proposing a newsstand on the NWC of West 57th Street and 7th Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow, diagonally across the street from Carnegie Hall and near a very congested intersection; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, and therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC of West 57th Street and 7th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, 5pm on weekdays, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

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

WHEREAS, The applicant is proposing a newsstand on the SEC of West 51st Street and 7th Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow, near the heart of Times Square and the theater district and within one block of at least one other existing newsstand; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process; and

WHEREAS, Community Board Five takes its role in the review of applications for newsstands seriously and requests an opportunity to review the applications before consent is granted by the Department of Consumer Affairs; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Consents and Variances meeting on June 29, 2009 to present their application for review; and

WHEREAS, Although any questions that the Committee might have regarding the application could not be addressed since the applicant failed to appear, applicant’s absence did not have an effect on our deliberations and the same conclusion would have been made had applicant been present; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC of West 51st Street and 7th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, 5pm on weekdays, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

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

WHEREAS, The applicant is proposing a newsstand on the SWC of West 34th Street and Broadway, and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow, in front of the Manhattan Mall and in a very congested intersection; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The proposed newsstand would be in front of Manhattan Mall, in violation of the section 2-68 stipulating that a newsstand shall not be installed in front of a building that has 3 or more floors of retail space and Manhattan Mall has more than 3 floors of retail space; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SWC of West 34th Street and Broadway, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, 5pm on weekdays, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

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

WHEREAS, the Applicant is the NY Motor Club, a New York corporation; and

WHEREAS, the car show, to be entitled “Exotics on the Square” is a free car show showcasing exotic cars where the public can participate in the show by seeing an assortment of exotic cars; and

WHEREAS, the event will be held in the new pedestrian plazas in an area recommended by the Times Square Alliance; and

WHEREAS, the event will be a fundraiser for Big Brothers Big Sisters of NYC and participants and the public will be encouraged to make donations at the event;

WHEREAS, there will be no food, and no outside vendors, no stage and no amplified sound; and

WHEREAS, the event is to be held from 6:00 p.m. to midnight, with set up beginning at 5:00 p.m. and breakdown completed no later than 1:00 a.m.; and

WHEREAS, the event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, that Community Board 5 recommends approval of the NY Motor Club, application to hold a car show on Broadway between 42nd and 44th Streets on Saturday, August 22nd.

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

WHEREAS, The applicant, the Turkish Cultural Center, has applied for a permit to hold a street festival on 41st Street between 6th and Broadway on Sunday, October 4th, 2009; and

WHEREAS, the street festival will be a Turkish cultural event, presenting various aspects of Turkish culture; and

WHEREAS, There will be 15 food vendors, 15 arts and crafts vendors, 15 merchandise vendors, and 5 miscellaneous vendors; and

WHEREAS, The event is to be held from 9am to 6pm, with set up beginning no earlier than 8am and breakdown completed no later than 7pm; and

WHEREAS, There will be no stage or amplified music and the street on which the event will take place is commercial, with no residential buildings to impact; and

WHEREAS, The applicant has made arrangements for private security and sanitation staff and will be contacting both the NYPD precinct and the Department of Sanitation; therefore be it

RESOLVED, That Community Board Five recommends approval of the Turkish Cultural Center, application to hold a street festival on 41st Street, between 6th and Broadway, on Sunday, October 4th, 2009.

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

WHEREAS, The applicant is proposing an unenclosed sidewalk café, with 8 tables and 18 seats, and

WHEREAS, The sidewalk café would leave 8’8’’ of clear pathway, which is consistent with other sidewalk cafes on this block, and

WHEREAS, The applicant will operate from 1pm to 3pm and from 5.30pm to 10.30pm from Sunday to Thursday and until 11pm on Fridays and Saturdays, and

WHEREAS, The block is mainly commercial so the sidewalk café would have no negative impact on residents in the vicinity, and

WHEREAS, The applicant is aware that they are required to apply to the SLA for an alteration to their liquor license, therefore be it

RESOLVED, That Community Board Five recommends approval of an unenclosed sidewalk café at 127 East 27th Street.

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

WHEREAS, Integree Spa & Beauty is applying for a legalization of a Heath and Physical Culture Establishment, and

WHEREAS, The establishment is 1700 square feet and operates as a spa offering a menu of facials, body treatments and massages, catering mainly to women, and

WHEREAS, The operator started operating the establishment without the proper BSA special permit as the result of incorrect information given by her attorney, and as soon as notified by DOB, she took all necessary steps to remedy the mistake and to obtain the relevant permit, therefore be it,

RESOLVED, That Community Board Five recommends approval of the application for legalization of BSA special permit for a health and physical culture establishment at 325 5th Avenue.

WHEREAS, The applicant is proposing a newsstand on the NEC East 47th Street and Madison Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow, near the Madison avenue Grand Central Terminal entrance (500.000 visitors to Grand Central Terminal per day); and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Community Board 5 is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board 5 recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NEC East 47th Street and Madison Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, 5pm on weekdays, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

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

WHEREAS, The applicant is proposing a newsstand on the North West corner of West 45th Street and Broadway, and

WHEREAS, The proposed newsstand would be located in an area that registers  heavy pedestrian flow, fluctuating seasonally, and reaching critical level around the holiday season; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Community Board Five has a moratorium on street furniture in Time Square area, and

WHEREAS, The proposed newsstand would be in front of the hotel Marriot Marquis, and would be in violation of the section 2-68 stipulating that a newsstand shall not be installed in front of a building that has 3 or more floors of retail space, and Marriot Marquis has 3 or more floors of retail space, and

WHEREAS, Community Board 5 is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board 5 recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC West 45th Street and Broadway, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

WHEREAS, the applicant is proposing a newsstand on the South West corner of 58th street and 5th Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers  heavy pedestrian flow, fluctuating seasonally, and reaching critical level around the holiday season; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, the Art Commission (newly renamed Design Commission), noted that "the Fifth Avenue subdistrict has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands will severely detract from its attractiveness and effectiveness", and

WHEREAS, The proposed newsstand would be in front of the Department store Bergdorf Goodman, in violation of the section 2-68 stipulating that a newsstand shall not be installed in front of a building that has 3 or more floors of retail space, and Bergdorf Goodman has 8 floors of retail space, and

WHEREAS, Community Board 5 is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board 5 recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SWC of 58th Street and 5th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, 5pm on weekdays, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

WHEREAS, The applicant is proposing a newsstand on the SWC East 33rd Street and Park Avenue, and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, the proposed newsstand would be located in front of a landmark building and would not be harmonious with its surroundings, by creating visual and physical clutter, and

WHEREAS, The proposed newsstand would be in front of a HSBC branch, which would be in violation of Art 2-65 3-A of the Rules of the city of New York, stating that "a newsstand should leave a 15 foot clearance as measured parallel to the curb, […] from any entrance from a bank to the street providing access to tellers for members of the general public.", and

WHEREAS, Community Board 5 is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board 5 recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the 33rd Street and Park Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, 5pm on weekdays, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

WHEREAS, The applicant is proposing a newsstand on the South West corner of 57th street and 5th Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers  heavy pedestrian flow, fluctuating seasonally, and reaching critical level around the holiday season; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The Art Commission (newly renamed Design Commission), noted that "the Fifth Avenue Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands will severely detract from its attractiveness and effectiveness", and

WHEREAS, Community Board 5 is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board 5 recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SWC of 57th Street and 5th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour 5pm on weekdays, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

BSA Application # 271-81-BZ – 110-112 West 56th Street - Special Permit for a physical culture establishment for New York Health and Racquet Club

WHEREAS, The applicant is the operator of Katwalk Lounge at 2 West 35th Street; and

WHEREAS, The unenclosed sidewalk café with 6 tables and 24 seats existing at the premises was approved by Community Board Five in 2007 and no alterations have been made to the sidewalk café since such approval; and

WHEREAS, The sidewalk at the site of the proposed sidewalk cafe is 18 feet wide at this location and the sidewalk café occupies 8’6”, leaving 8’6” clearance of sidewalk space for pedestrian traffic;

WHEREAS, Although (i) this area is heavily trafficked by pedestrians and the sidewalk at this location is congested, and (ii) the sidewalk café leaves 8’6” of clear pathway for pedestrian traffic, less than the 10’ clearance currently recommended by Community Board Five on congested sidewalks, this sidewalk café was approved as it currently exists; and

WHEREAS, Although some residents of the cooperative building located at 372 Fifth Avenue voiced some complaints about noise and disturbances in and around the premises to a member of the Consents and Variances committee who made inquiry there, no complaints against the operation have been received by Community Board Five since 2007 and no residents attended the Committee meeting to object to the renewal; and

WHEREAS, Mike Tracey, a principal of the applicant, has agreed to contact the management of the cooperative located at 372 Fifth Avenue to establish contact and address any issues the residents may have with the operation of the establishment [and has delivered a letter from the cooperative association to Community Board Five confirming that the applicant has been in contact]; and

WHEREAS, Although an inspection of the sidewalk café by a member of the Consents and Variances committee has revealed that the tables of the café were improperly situated in a manner that blocked a sprinkler connection, the applicant has agreed to correct the placement of the tables to correct that encroachment and has provided a photo that such correction has been made; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for renewal of an unenclosed sidewalk cafe with 6 tables and 24 seats at 2 West 35th Street.

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

WHEREAS, At the April 2009 meeting of the Consents and Variances committee of Community Board Five, the applicant requested consideration of an application for an unenclosed sidewalk café with 6 tables and 13 seats; and

WHEREAS, It was determined that the allowable sidewalk space would not accommodate 6 tables and 13seats and such a number of tables and seats would block a necessary egress from the premises; and

WHEREAS, The applicant agreed in writing to not pursue its application with the Department of Consumer Affairs for an unenclosed sidewalk café and agreed to work with the Consents and Variances committee to develop an acceptable plan; and

WHEREAS, The applicant developed a revised plan for 4 tables and 8 chairs and was put on the agenda for review at the April 2009 meeting of Consents and Variances; and

WHEREAS, Prior to the April 2009 Consents and Variances meeting, members of the Committee went to inspect the premises and on at least two occasions saw the not yet approved sidewalk café set up at the premises and, on one of those occasions, three members of the Committee were seated and served alcohol at the illegal sidewalk café, in violation of applicant’s liquor license; and

WHEREAS, When later questioned about the aforementioned violations, the management at the premises denied them and later, after a representative of the applicant was confronted with testimony of the three committee members and photographic evidence of the violations, the representative stated that management had lied to the Committee so that the applicant “would not get in trouble”; and

WHEREAS, Community Board Five does not condone the illegal operation of sidewalk cafes, and does not condone the illegal service of alcohol on sidewalk cafes without a license, and does not condone being lied to; therefore be it,

RESOLVED, That Community Board Five recommends denial of the application for a revocable consent for a sidewalk café located at 39 East 19th Street and it is further

RESOLVED, That Community Board Five proscribes consideration of any application for a revocable consent for a sidewalk café at 39 East 19th Street for the remainder of 2009.

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

WHEREAS, The applicant is the operator of a sidewalk café at 40 Central Park South between 5th & 6th Avenues; and

WHEREAS, The sidewalk café was approved for the previous operator, Atlas; and

WHEREAS, The sidewalk café has caused pedestrian congestion because

WHEREAS, The sidewalk café in its current layout is 8’ wide, with a service aisle of 4’, and a planter at the end of the row of tables; and

WHEREAS, The applicant has agreed to relocate the planter and to narrow down the service aisle to 3’; and

WHEREAS, The applicant has agreed to create a suitable waiting area for patrons waiting for a table, as to not impact on pedestrian traffic; and

WHEREAS, The applicant has agreed to submit revised drawings, (plan and elevation) for the new layout of the café to Community Board Five, Department of Consumer Affairs, City Council, and all other involved city agencies; therefore be it

RESOLVED, That Community Board Five recommends approval of the renewal of the revocable consent for an unenclosed sidewalk café at 40 Central Park South.

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

After reviewing the application for an unenclosed sidewalk café with 4 tables and 16 seats, Community Board Five has no objection to the above request.

After reviewing the application for the above referenced establishment for an unenclosed sidewalk café with 2 tables and 8 seats, Community Board Five has no objection to the above request.

WHEREAS, the applicant is the operator of the restaurant Bar Breton, located at 254 Fifth Avenue, and is applying for revocable consent for a new unenclosed sidewalk café with 2 tables and 8 seats; and

WHEREAS, The sidewalk in front of the premises is 22’9” and the proposed sidewalk café is 7’ wide, leaving an ample 15’9” of sidewalk space for pedestrian traffic; and

WHEREAS, The hours of operation of the proposed sidewalk café are 9:00 a.m. – 11:00 p.m. Sunday through Wednesday and 9:00 a.m. – midnight Thursday through Saturday; and

WHEREAS, The location of the proposed sidewalk café is predominately a commercial area, and there is little potential for negative impact on residents at that location, if any; and

WHEREAS, The minimal size of the proposed sidewalk café would have minor impact on pedestrian traffic; and

WHEREAS, Community Board Five believes that this is an appropriate location for a sidewalk café of this size and nature; therefore, be it

RESOLVED, Community Board Five recommends approval of a revocable consent for an unenclosed sidewalk café with 2 tables and 8 seats at 254 Fifth Avenue.

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

WHEREAS, The Laboratory Institute of Merchandising wants to hold a welcome party and orientation for new students to meet existing faculty and staff on 53rd Street between Fifth and Madison Avenues, on August 16, 2009; and

WHEREAS, The applicant is a business school established in the 1930s and has held this event at other locations previously without incident; and

WHEREAS, The school is located at the proposed site; and

WHEREAS, Approximately 1,000 participants are expected at the event; and

WHEREAS, The event will have a few carnival-type activities, 5 vendors of school-related merchandise and 1 food vendor, being the school’s food service provider; and

WHEREAS; The event is to be held from noon to 5:00 p.m., with set up beginning no earlier than 8:00 a.m. and breakdown completed no later than 10:00 p.m.; and

WHEREAS, The applicant will have no stage or amplified sound and the street on which the event will take place is mainly commercial, with no residential buildings to impact; and

WHEREAS, The applicant has agreed to contact the police precinct and the Department of Sanitation to coordinate with those agencies; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, That Community Board Five recommends approval of a block party on 53rd Street between Fifth and Madison Avenues, on August 16, 2009.

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

WHEREAS, The applicant is the Times Square Alliance, the Business Improvement District for the Times Square area; and

WHEREAS, Make Music New York is a free musical festival with a number of events occurring simultaneously throughout the five boroughs of New York City; and

WHEREAS, The event will be a “Musical Instrument Petting Zoo” where the public can participate in the festival by seeing and playing various musical instruments provided by music instrument stores located on the block, and getting free music lessons by professional teachers; and

WHEREAS, There will be no food, and no outside vendors; and

WHEREAS, The event is to be held from noon to 5:00 p.m., with set up beginning no earlier than 8:00 a.m. and breakdown completed no later than 6:00 p.m.; and

WHEREAS, The applicant will have no stage or amplified sound (except for battery powered amplification of instruments) and the street on which the event will take place is mainly commercial, with no residential buildings to impact; and

WHEREAS, Although there is a Broadway theater at the location of the event, the theater is not in operation on the day of the event this year and our recommendation is for this year only; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, That Community Board Five recommends approval of the Make Music New York application presented by the Times Square Alliance for a street activity permit on West 48th Street, between 6th and 7th Avenue on Sunday, June 21st, 2009.

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

WHEREAS, The applicant seeks a permit to install and operate a 6’x10” newsstand at 1120 6th Avenue Between 43nd and 44th Streets, and

WHEREAS, The proposed newsstand would be located in an area that registers a heavy pedestrian flow, reaching critical level at rush hour; and

WHEREAS, The proposed newsstand would be located next to a Queens Commuter Bus stop, and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity, including a newspaper store located on 6th Avenue and 44th street; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The newsstand would negatively impact on the surrounding area creating physical and visual clutter; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at 1120 6th Avenue Between 43nd and 44th Streets, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 5pm on a weekday, and be it further

RESOLVED, That in recognizing that the cost for applications for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

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

WHEREAS, the applicant is proposing to install a newsstand on the North East Corner of Eighth Avenue and West 53rd Street; and

WHEREAS, the sidewalk at the site of the proposed newsstand is 20’2’’ feet wide at this location; and

WHEREAS, there is one other newsstand within a few blocks of the proposed location; and

WHEREAS, The proposed newsstand would leave 12’8’’ clear path for pedestrian traffic, and

WHEREAS, The proposed newsstand would not have a negative impact on pedestrian traffic; and

RESOLVED, that Community Board 5 recommends approval of the newsstand on the North East Corner of Eighth Avenue and West 53rd Street.

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

WHEREAS, The applicant, seeks a permit to install and operate a 6’x10” newsstand at the NEC of East 49th Street and 5th Avenue; and

WHEREAS, The proposed newsstand would be located in an area that registers an extremely heavy pedestrian flow; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and

WHEREAS, The proposed newsstand would be in front of Saks 5th Avenue, in violation of the section 2-65 of RULES OF THE CITY OF NEW YORK TITLE 6 DEPARTMENT OF CONSUMER AFFAIRS CHAPTER 2: LICENSES SUBCHAPTER G: SIDEWALK STANDS PART 1: NEWSSTANDS stipulating that a newsstand shall not be installed in front of a building that has 3 or more floors of retail space, and Saks 5th Avenue has 10 floors of retail space, and

WHEREAS, the zoning code of NYC was amended to create a Fifth Avenue Special Business District, that recognizes it as an exceptional visual corridor where planters and newsstands should be prohibited, and

WHEREAS, the Art Commission (newly renamed Design Commission), noted that “the Fifth Avenue Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands will severely detract from its attractiveness and effectiveness,” and

WHEREAS, Saks 5th Avenue has submitted a letter opposing the proposed newsstand, and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NEC of East 49th Street and 5th Avenue because it is not in compliance with city guidelines, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, and be it further

RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied, and be it further

RESOLVED, That in recognizing that Community Board Five members have spent countless hours reviewing applications for newsstands, and surveying proposed sites, Community Board Five urges DCA to stop allowing applications for newsstands that are not in compliance with New York City Guidelines for newsstands, and respectfully informs DCA that it will no longer accept applications that are not in compliance.

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

WHEREAS, The applicant, seeks a permit to install and operate a 6’x10” newsstand at the NEC of West 47th Street and Broadway; and

WHEREAS, The proposed newsstand would be located in an area that registers an extremely heavy pedestrian flow; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and

WHEREAS, The proposed newsstand would be in front of 2 Times Square, in violation of section 2-65 of the RULES OF THE CITY OF NEW YORK TITLE 6: DEPARTMENT OF CONSUMER AFFAIRS CHAPTER 2: LICENSES SUBCHAPTER G: SIDEWALK STANDS PART 1: NEWSSTANDS,   stipulating that a newsstand shall not be installed in front of a building that has 3 or more floors of retail space, and 2 Times Square has 4 floors of retail, and

WHEREAS, the managers of the building at 2 Times Square have submitted letter opposing the proposed newsstand, and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the # NEC of West 47th Street and Broadway because it is not in compliance with NYC  rules, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, and be it further

RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied, and be it further

RESOLVED, That in recognizing that Community Board Five members have spent countless hours reviewing applications for newsstands, and surveying proposed sites, Community Board Five urges DCA to stop accepting applications for newsstands that are not in compliance with New York City Guidelines for newsstands, and respectfully informs DCA that it will no longer review applications that are not in compliance.

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

WHEREAS, the applicant, seeks a permit to install and operate a 6'x10" newsstand at the NWC of West 47th Street and Broadway, and

WHEREAS, The proposed newsstand would be located in an area that registers a heavy pedestrian flow on average of 62,116 People/Day and a Peak Pedestrian Counts between 5:15-6:15 PM of 6,340 People/Hour; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and

WHEREAS, Safety is a crucial concern for Community Board Five, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and

WHEREAS, Community Board Five has received letters opposing new newsstands in the Time Square area from building owners, and from the Time Square Alliance; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC of West 47th Street and Broadway, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 7pm on a weekday, and be it further

RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

WHEREAS, The applicant is proposing to install a newsstand midblock on Sixth Avenue between West 24th and West 25th Streets; and

WHEREAS, The sidewalk at the site of the proposed newsstand is 20 feet wide at this location; and

WHEREAS, The proposed location is midblock and not near the entrance to any of the businesses on the block;

WHEREAS, There are no other newsstands within a few blocks of the proposed location; and;

WHEREAS, The Applicant specified a 6'x10' newsstand which would leave 12'6" clearance of sidewalk space for pedestrian traffic, but the Applicant agreed to reduce the size of the newsstand to a smaller 4'x8' size, which leaves 14'6" clearance space for pedestrian traffic, so although this area is heavily trafficked by pedestrians, the width of the sidewalk is such that Community Board 5 thinks the proposed newsstand would not have a significant negative impact on pedestrian traffic; and

WHEREAS, Although a representative of the residential building adjacent to the proposed location expressed opposition to the newsstand there, the main concern of the residents was not about the newsstand, but rather the food vending truck which parks in the street at the same location, creating odor, noise and disturbance to the residents day and night; therefore be it

RESOLVED, That Community Board Five recommends approval of the newsstand on Sixth Avenue between West 24th and West 25th Streets.

WHEREAS, The applicant, seeks a permit to install and operate a 6'x10" newsstand at the SEC of West 47th Street and 7th Avenue; and

WHEREAS, The proposed newsstand would be located in an area that registers a heavy pedestrian flow on average of 87,532 People/Day and a Peak Pedestrian Counts between 10-11 PM of 8,275 People/Hour; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and

WHEREAS, Community Board Five has received letters opposing new newsstands in the Times Square area from building owners, and from the Times Square Alliance; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC of West 47th Street and 7th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 10pm on a weekday, and be it further

RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

WHEREAS, The applicant, seeks a permit to install and operate a 6'x10" newsstand at # SEC of West 42nd Street and 7th Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers a heavy pedestrian flow on average of 71,010 People/Day and a Peak Pedestrian Counts between 5:15-6:15 PM of 8,396 People/Hour, and on an average weekday, over 160,000 Passengers use the Times Square-42nd Street subway entrance; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and

WHEREAS, Safety is a crucial concern for Community Board Five, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and

WHEREAS, Community Board Five has received letters opposing new newsstands in the Time Square area from building owners, and from the Times Square Alliance; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC of West 42nd Street and 7th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 5pm on a weekday, and be it further

RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

WHEREAS, The applicant, seeks a permit to install and operate a 6’x10” newsstand at the SWC of West 23rd Street and 5th Avenue; and

WHEREAS, The proposed newsstand would be located in an area that registers a heavy pedestrian flow; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SWC of West 23rd Street and 5th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 6pm on a weekday, and be it further

RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

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

After reviewing the applicationfor a special permit for a physical culture establishment/spa at 29 West 35th Street, Community Board Five has no objection to the above request. 

WHEREAS, Community Board Five is home to the largest concentration of theaters in NYC; and

WHEREAS, Over the years, theaters have been negatively impacted by street fairs on their blocks on days when theaters have performances, impacting the entrance and exit of theatergoers, and impacting the box office sales; and

WHEREAS, Community Board Five recognizes that block parties and street fairs provide an opportunity for-not-for profit groups to raise funds, but acknowledges that they should be operated with minimal negative impact to their surrounding; and

WHEREAS, Street fairs can draw large crowds that cause great pedestrian congestion when theatergoers enter and exit the theaters; therefore be it

RECOMMEND, That Community Board Five requests that SAPO and CECM to relocate existing street activity permits on blocks/days when theaters have performances, and to deny street activity permits for new events, unless the event has the written support from the theater operator or theater owner.

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

WHEREAS, The applicant CPS Hospitality LLC, is applying for a revocable consent for a sidewalk café, at 768 Fifth Avenue, aka The Plaza Hotel, in front of the Oak Room, on Central Park South, and

WHEREAS, The proposed sidewalk café would be 50 feet long and 8 feet wide, would have 12 tables and 24 seats, would have no heater in winter, no awning or canopy, and

WHEREAS, The proposed sidewalk café would be located 15 feet from a subway entrance, and would leave 8 feet of clear pathway at its narrowest point, and

WHEREAS, Pedestrian traffic is moderate to heavy reaching high congestion at peak times, forcing pedestrians to walk on the street, thus creating an unsafe condition, and

WHEREAS, If approved, the numerous sidewalk cafes located on Central Park South would create a narrow pedestrian corridor unable to accommodate the pedestrian flow, and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC and pedestrian safety is a crucial concern for Community Board 5, therefore be it,

RESOLVED, That Community Board 5 recommends denial of the application for a revocable consent for a sidewalk café located at 768 Fifth Avenue, in front of the Oak Room, on Central Park South.

The above resolution passed by a vote of 32 in favor; 2 opposed; 1 abstaining; and 1 present not entitled to vote.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on the southwest corner of 47th Street and 6th Avenue; and

WHEREAS, The proposed newsstand would be located on 6th Avenue, in an area with heavy pedestrian flow; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The neighborhood is adequately served by the 3 existing newsstands within one block of the proposed location; and

WHEREAS, The newsstand would negatively impact on the surrounding area creating physical and visual clutter; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on the southwest corner of 47th Street and 6th Avenue.

The above resolution passed by a vote of 34 in favor; 0 opposed; 3 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on Seventh Avenue at the corner of Central Park South; and

WHEREAS, The proposed newsstand would be located in an area that registers a moderate to heavy pedestrian flow, fluctuating seasonally, and reaching critical level when there is heavy use of Central Park; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The proposed location is directly adjacent to the New York Athletic Club, the Italian-Renaissance-palazzo-style club, designed by York & Sawyer and ½ a block away from the individual landmark Alwyn Court Building; and

WHEREAS, The proposed newsstand would detract from surrounding late 19th and early 20th century buildings and would not be harmonious with its surroundings; and

WHEREAS, The neighborhood is adequately served by the existing newsstand on 7th Avenue, on the northwest corner at 57th Street; and

WHEREAS, The newsstand would negatively impact on the surrounding area creating physical and visual clutter; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on 7th Avenue at the corner of Central Park South, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 5pm on a weekday.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Ancient Order of Hibernians wants to organize a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, September 12th, 2009, and

WHEREAS, The discrimination practices of the Ancients Order of Hibernians is against Community Board Five Street Activity Permit Policies, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to hold a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, September 12, 2009.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

 WHEREAS, Union Square Hospitality Group has applied for:

1.      A special events permit for the use of Madison Square Park for a Big Apple Barbeque on Saturday, June 13, 2009 and Sunday, June 14, 2009 between the hours of 11:00am and 7:00pm; and

2.      A Street Activity permit for Saturday, June 13^th and Sunday, June 14^th on Madison Avenue, between East 23^rd and East 26^th Streets, and

WHEREAS, Set up will begin late Friday evening and early Saturday morning before the event and cleanup following the event on Sunday, June 14^th; and

WHEREAS, Community Board Five has expressed concerns that over the years, the event has grown in popularity drawing exponentially larger crowds, and has outgrown the area; and

WHEREAS, The applicants have worked closely and successfully with Community Board Five over the past several years to address concerns raised by residents and Community Board Five; but Community Board Five seeks long term, strategic and meaningful solutions to the issues surrounding this events; and

WHEREAS, Community Board Five has alerted SAPO and the Parks Department ("City Agencies") to the situation and has vigorously urged the agencies to find the most suitable venue for the event, through a tripartite dialogue with the applicant, City agencies and Community Board Five with no success; therefore be it

RESOLVED, That Community Board Five recommends denial of the event until City Agencies engage in a productive tripartite dialogue with Community Board Five and the applicant to find the most suitable venue which allows the applicant to grow this event; and be it further

RESOLVED, That in the event the application is approved, Community Board Five requests the Parks Department to raise the bond to $10,000, and as per the following stipulations requested by CB5, the applicant agrees to the following:

• Leave the park and surrounding area in pristine condition
• Make a minimum donation of seventy five thousand dollars to the Madison Square Park Conservancy
• Keep this event is open to the public
• The refrigerated trucks will either be moved to 24th St. or a new type of vehicle that is quiet will be used on 25th St as not to disturb those living on the block. There was discussion about what would be placed on 24th and 25th Streets as to cause the least impact on the residents of 25th St.
• During the set up Thursday evening/Friday morning the police will have a presence to make sure this is done in as quiet a manner as possible as not to disturb those living around the park
• Ensure MTA and DOT agree to let the public know in advance that buses will be rerouted during the event. MTA will provide additional crews to keep the 23rd Street Station clean during the event as well as staff to help with directions. Dispatchers will be at bus stops and the police will make sure that no one is parked in the bus stops. The police will also monitor for double parking
• Ensure the police will provide traffic officers to cover the corners of 23rd and Broadway and 23rd and Madison to keep traffic moving and watch out for the pedestrians crossing. At best these corners are dangerous but with an additional fifty thousand people each day they are disasters waiting to happen. The officers there will make those corners safer
• Sanitation has agreed to make extra pickups of the trash throughout the area. It was asked that this be done south of the park as well as north. The Flatiron BID asked for the entire BID district and it was agreed. The BID staff will bag all the trash in receptacles for pickup. This will keep the entire surrounding area as clean as possible. There was an abundance of trash throughout the area due to the event
• Within the Park the police will have their full complement of staff as well as the security from the event. It was agreed that crowd control was needed particularly near the 23rd and Broadway entrance. There was discussion about the crowds there in particular because of the stage and the area for beer. There needs to be a better flow there and this will be addressed; and
• The beer area will again be cordoned off and the permits from the SLA will be posted; and
• Music was also an issue and there was discussion about the volume of the music and length of the sets. The Union Square Hospitality Group will reduce the volume and cut the number of sets; and
• The playground is also of great concern. The crowds in that space are really too large to be safe. Although the Parks Dept. representative told us that no one could be turned away they would have a PEP officer there to make sure no one entered who didn't have a child and that the play was under control; and
• Since there is concern with the number of children in the playground it was suggested that the BABBQ hold something for the children in the tents on either 24^th or 25^th Sts. Some kind of entertainment, maybe puppets, was mentioned. Union Square Hospitality continues to look for children's entertainment.

WHEREAS, The Federation of Indian Association has applied for a permit to hold a street festival on Madison Avenue between 23rd and 26th Streets, on August 16th, 2009; and

WHEREAS, The applicant will apply to the Parks Department for a permit to use Madison Square Park; and

WHEREAS, The event is organized in conjunction with the Federation of Indian Association parade; and

WHEREAS, The applicant wants to install a stage occupying 10 feet between 23rd and 24th Street with amplified sound; and

WHEREAS, The applicant anticipates 15,000 visitors to the festival; and

WHEREAS, Community Board Five has expressed concerns that over the years the event has grown in popularity, drawing exponentially larger crowds, and has outgrown the area; and

WHEREAS, The applicants have worked closely and successfully with Community Board Five over the past several years to address concerns raised by residents and Community Board Five; and Community Board Five seeks long term, strategic and meaningful solutions to the issues surrounding these events; and

WHEREAS, Community Board Five has alerted SAPO and the Parks Department (“City agencies”) to the situation and has vigorously urged the agencies to find the most suitable venue for the event, through a tripartite dialogue with the applicant, City agencies and Community Board 5 with no success; therefore be it

RESOLVED, That Community Board Five recommends denial of the event until City Agencies engage in a productive tripartite dialogue with Community Board Five and the applicant to find the most suitable venue which allows the applicant to grow its festival; and be it further

RESOLVED, That Community Board Five urges City agencies,  in addressing this issue, to consider any impact on religious, cultural and ethnic groups, celebrating their heritage, and in particular those groups that may have outgrown the current site since it was initially selected; and be it further

RESOLVED, That in the event the application is approved, Community Board Five requests the Parks Department raise the bond to $10,000, and to enforce the following stipulations requested by CB5, to which the applicant has agreed:

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

WHEREAS, The Pakistan Day Parade & Street Fair Committee has applied for a permit to hold a street festival on Madison Avenue between 23rd and 26th Streets, on August 02th, 2009; and

WHEREAS, The applicant will apply to the Parks Department for a permit to use Madison Square Park; and

WHEREAS, The event is organized in conjunction with the Pakistan Day Parade; and

WHEREAS, The applicant wants to install a stage occupying 10 feet between 23rd and 24th Street with amplified sound; and

WHEREAS, The applicant anticipates 15,000 visitors to the festival, and

WHEREAS, Community Board Five has expressed concerns that over the years the event has grown in popularity, drawing exponentially larger crowds, and has outgrown the area; and

WHEREAS, The applicants have worked closely and successfully with Community Board Five over the past several years to address concerns raised by residents and Community Board Five; and Community Board Five seeks long term, strategic and meaningful solutions to the issues surrounding these events; and

WHEREAS, Community Board Five has alerted SAPO and the Parks Department (“City agencies”) to the situation and has vigorously urged the agencies to find the most suitable venue for the event, through a tripartite dialogue with the applicant, City agencies and Community Board Five with no success; therefore be it

RESOLVED, That Community Board Five recommends denial of the event until City Agencies engage in a productive tripartite dialogue with Community Board 5 and the applicant to find the most suitable venue which allows the applicant to grow its festival; and be it further

RESOLVED, That Community Board Five urges City agencies,  in addressing this issue, to consider any impact on religious, cultural and ethnic groups, or those celebrating their heritage, and in particular those groups that may have outgrown the current site since it was initially selected; and be it further

RESOLVED, That in the event the application is approved, Community Board Five requests the Parks Department raise the bond to $10,000, and to enforce the following stipulations requested by CB5, to which the applicant has agreed:

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

WHEREAS, The Philippine Independence Day Council has applied for a permit to hold a street festival on Madison Avenue between 23rd and 26th Streets, on Sunday, June 7th 2009; and

WHEREAS, The applicant will apply to the Parks Department for a permit to use Madison Square Park; and

WHEREAS, The event is organized in conjunction with the Philippine Independence Day Council parade; and

WHEREAS, The applicant wants to install a stage occupying 10 feet between 23rd and 24th Street with amplified sound; and

WHEREAS, The applicant anticipates 15,000 visitors to the festival; and

WHEREAS, Community Board Five has expressed concerns that over the years the event has grown in popularity, drawing exponentially larger crowds, and has outgrown the area; and

WHEREAS, The applicants have worked closely and successfully with Community Board Five over the past several years to address concerns raised by residents and Community Board Five; and Community Board Five seeks long term, strategic and meaningful solutions to the issues surrounding these events; and

WHEREAS, Community Board Five has alerted SAPO and the Parks Department (“City agencies”) to the situation and has vigorously urged the agencies to find the most suitable venue for the event, through a tripartite dialogue with the applicant, City agencies and Community Board Five with no success; therefore be it

RESOLVED, That Community Board Five recommends denial of the event until City Agencies engage in a productive tripartite dialogue with Community Board 5 and the applicant to find the most suitable venue which allows the applicant to grow its festival; and be it further

RESOLVED, That Community Board Five urges City agencies,  in addressing this issue, to consider any impact on religious, cultural and ethnic groups, or those celebrating their heritage, and in particular those groups that may have outgrown the current site since it was initially selected; and be it further

RESOLVED, That in the event the application is approved, Community Board Five requests the Parks Department raise the bond to $10,000, and to enforce the following stipulations requested by CB5, to which the applicant has agreed:

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

WHEREAS, The United Sikh Cultural Society has applied for a permit to hold a street festival on Madison Avenue between 23rd and 26th Streets, on April 25th, 2009; and

WHEREAS, The applicant will apply to the Parks Department for a permit to use Madison Square Park; and

WHEREAS, The event is organized in conjunction with the Sikh Day Parade; and

WHEREAS, The applicant wants to install a stage occupying 10 feet between 23rd and 24th Street with amplified sound; and

WHEREAS, The applicant anticipates 8,000 visitors to the festival, and

WHEREAS, Community Board Five has expressed concerns that over the years the event has grown in popularity, drawing exponentially larger crowds, and has outgrown the area, and

WHEREAS, The applicants have worked closely and successfully with Community Board Five over the past several years to address concerns raised by residents and Community Board 5; and Community Board Five seeks long term, strategic and meaningful solutions to the issues surrounding these events; and

WHEREAS, Community Board Five has alerted SAPO and the Parks Department (“City agencies”) to the situation and has vigorously urged the agencies to find the most suitable venue for the event, through a tripartite dialogue with the applicant, City agencies and Community Board Five with no success; therefore be it

RESOLVED, That Community Board Five recommends denial of the event until City Agencies engage in a productive tripartite dialogue with Community Board Five and the applicant to find the most suitable venue which allows the applicant to grow its festival; and be it further

RESOLVED, That Community Board Five urges City agencies,  in addressing this issue, to consider any impact on religious, cultural and ethnic groups, or those celebrating their heritage, and in particular those groups that may have outgrown the current site since it was initially selected; and be it further

RESOLVED, That in the event the application is approved, Community Board Five requests the Parks Department raise the bond to $10,000, and to enforce the following stipulations requested by CB5, to which the applicant has agreed:

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

WHEREAS, The Muslim Foundation of America has applied for a permit to hold a street festival on Madison Avenue between 23rd and 26th Streets, on April 25th, 2009; and

WHEREAS, The applicant will apply to the Parks Department for a permit to use Madison Square Park; and

WHEREAS, The event is organized in conjunction with the United American Muslim Day parade; and

WHEREAS, The applicant wants to install a stage occupying 10 feet between 23rd and 24th Street with amplified sound; and

WHEREAS, The applicant anticipates 3,000 visitors to the festival; and

WHEREAS, Community Board Five has expressed concerns that over the years the event has grown in popularity, drawing exponentially larger crowds, and has outgrown the area, and

WHEREAS, The applicants have worked closely and successfully with Community Board Five over the past several years to address concerns raised by residents and Community Board Five; and Community Board Five seeks long term, strategic and meaningful solutions to the issues surrounding these events, and

WHEREAS, Community Board Five has alerted SAPO and the Parks Department (“City agencies”) to the situation and has vigorously urged the agencies to find the most suitable venue for the event, through a tripartite dialogue with the applicant, City agencies and Community Board Five with no success, therefore be it

RESOLVED, That Community Board Five recommends denial of the event until City Agencies engage in a productive tripartite dialogue with Community Board Five and the applicant to find the most suitable venue which allows the applicant to grow its festival, and be it further

RESOLVED, That Community Board Five urges City agencies,  in addressing this issue, to consider any impact on religious, cultural and ethnic groups, or those celebrating their heritage, and in particular those groups that may have outgrown the current site since it was initially selected; and be it further

RESOLVED, That in the event the application is approved, Community Board Five requests the Parks Department raise the bond to $10,000, and to enforce the following stipulations requested by CB5, to which the applicant has agreed:

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

WHEREAS, MMR Ventures, LLC, d/b/a Mickey Mantle’s, has filed an application for revocable consent for an unenclosed sidewalk café with 8 tables and 16 seats at 42 Central Park South, and

WHEREAS, The establishment has been operating the said sidewalk café since 1988 and since the establishment has undergone a corporate change, the new corporation is required to file a new application with DCA, and

WHEREAS, The sidewalk café leaves 8 feet of clear pathway for pedestrian traffic, less than the 10 feet usually required by Community Board Five, but because the café as been in operation for 15 years without any complaints, it is grandfathered, therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a revocable consent for a sidewalk café at 42 Central Park South.

The above resolution passed by a vote of 29 in favor; 0 opposed; 1 abstaining.

WHEREAS, Apple Jack Coffee Shop Inc., is requesting the renewal of a revocable consent for an unenclosed sidewalk café with 7 tables and 28 seats at 230 West 55th Street, and

WHEREAS, Community Board Five approved the said revocable consent in 2004 with the condition that planters and semi permanent street furniture be removed, and

WHEREAS, Said furniture and planters have been removed, therefore be it

RESOLVED, That Community Board Five recommends approval of the renewal of an unenclosed sidewalk café at 230 West 55th Street.

The above resolution passed by a vote of 29 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Museum of Arts and Design is applying for a revocable consent to install benches outside of its facility, and

WHEREAS, The museum has commissioned 2 artists to conceive and manufacture benches as follows:

• 4 benches made of clay and granite, designed by Gustav Kraitz, to be installed on Columbus Circle, between Broadway and 8th Avenue, against the façade of the building, measuring 1'6'' high, 1'6'' wide and 2 benches measuring 5'11'' long and 2 benches measuring 3'11'' long, to be located on each side of the museum entrance, and
• 3 benches made of wrought iron, designed by Tom Joyce, to be installed on Broadway, between Columbus Circle and 58th Street, as per plans attached, 2 benches measuring 2'2''high 2' wide 2'long and one measuring 2'11'' high 2'9'' wide, 2'9'' long, and

WHEREAS, The Museum of Arts and Design has committed to monitoring the granite and clay benches to prevent them from being used as a sleeping area, and

WHEREAS, Community Board Five believes the layout of the three wrought iron benches would have a negative impact on pedestrian traffic, as the one bench installed in the middle of the sidewalk could cause tripping when pedestrian flow is heavy, therefore be it

RESOLVED, That Community Board Five recommends partial denial for a revocable consent as follows:

• Denial to install 3 wrought iron benches on Broadway between Columbus Circle and 58th street.
• Approval to install 4 granite and clay benches on Columbus Circle between Broadway and 8th Avenue by the Museum of Art and Design, and

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for newsstands seriously; and

WHEREAS, The applicant for a newsstand at the SEC of Madison Avenue and 28th Street was invited but did not attend the regularly scheduled Consents & Variances Committee Meeting to present proposals for review and therefore the committee was unable to determine the answer to a number of questions; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a newsstand on the south east corner of Madison Avenue and East 28th Street.

WHEREAS, The applicant, a joint venture between the Durst Organization and Bank of America, is applying for a revocable consent to install security bollards across the perimeter of the building located at 1 Bryant Park, on the west side of 42nd St & 6th Avenue to protect the building against high risk attacks, and

WHEREAS, The building, which will is known as the Bank of America building, is the 2nd highest building in New York City, has a unique and distinctive design, all these features making it an iconic building, and

WHEREAS, The building will be host to 10,000 employees, and

WHEREAS, The type of attack that the security bollards are meant to prevent would result in loss of lives and the building itself, and

WHEREAS, The bollards would be located 18 inches from the curb, around the perimeter of the building, and

WHEREAS, The bollards would be installed as per New York City mandate: 36 inches high, 10 inches steel tubes, spaced 4 feet apart, (size and spacing to follow the US Department of State Standards), and

WHEREAS, Contrary to our current guidelines, the applicant did not provide CB5 with a threat report by NYPD Counter Terrorism Unit, but provided a full presentation by their security consultant on the risks incurred by the building and answered any security questions to a satisfactory level, and

WHEREAS, In publicly available reports, Defense Department, the Federal Emergency Management Agency and the American Institute of Architects advise that attention-getting architectural symbols are prime targets, and should be protected, and

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

RESOLVED, That Community Board 5 recommends approval of the revocable consent for the installation of the security bollards at 1 Bryant Park, as proposed by applicant.

The above resolution passed by a vote of 15 in favor; 13 opposed; 2 abstaining; 1 present not entitled to vote.

WHEREAS, The applicant wants to apply for a newsstand on the North East Corner of West 40th Street and 8th Avenue, and

WHEREAS, The proposed location was reviewed by Community Board Five at the April 08 full board meeting and was denied (30-5-1), and

WHEREAS, The situation of the proposed location has not changed, and

WHEREAS, The proposed location is across from Port Authority Bus Terminal, near a subway entrance, and a subway vent; and

WHEREAS, The pedestrian traffic is very congested around the proposed location; and

WHEREAS, The newsstand would negatively impact on pedestrian traffic, creating physical clutter at an intersection already congested, thus creating an unsafe condition; and

WHEREAS, DCA should discourage applications for locations already reviewed; therefore be it

RESOLVED, That Community Board Five recommends denial of the application # 1299916, for a newsstand at the NEC West 40th Street & 8th Avenue, and be it further

RESOLVED, Community Board Five is deeply concerned with the high number of application it reviews each year, and in order to streamline the process and help the applicants achieve their goal, Community Board Five demands that DCA request each applicant consult with the relevant Community Board and the relevant Business Improvement District on the appropriateness of the location prior to the applicant filing the application and paying the application fee, and be it further

RESOLVED, Community Board Five is urging DCA, DOT, and the Design Commission to work collaboratively with Community Boards and Business Improvement Districts to establish a master plan for the allocation of the remaining newsstands in New York City.

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant wants to install a newsstand at 620 8th Avenue, in front of the side entrance on West 41st street, on the south side of the street, and

WHEREAS, The applicant provided contradictory and very confusing information about the exact location of the newsstand, and

WHEREAS, The proposed location is in front of the new New York Times building, and across from Port Authority Bus Terminal, an extremely busy transportation hub that services over 200,000 transit riders daily.  Additionally, there are three newspaper/magazine businesses directly across the street in the Port Authority as well as two others just around the corner on 42nd Street, and

WHEREAS, The Times Square Alliance is opposed to the proposed newsstand, underscoring the extreme pedestrian congestion of proposed location, and

WHEREAS, The proposed newsstand would impede pedestrian traffic, and would have a direct impact on pedestrians safety, and

WHEREAS, DCA should discourage applications for locations already reviewed; therefore be it

RESOLVED, That Community Board Five recommends denial of the Application # 1297018, for a newsstand In Front Of 620 8th Avenue, and be it further

RESOLVED, Community Board Five is deeply concerned with the high number of application it reviews each year, and in order to streamline the process and help the applicants achieve their goal, Community Board Five demands that DCA request each applicant consult with the relevant Community Board and the relevant Business Improvement District on the appropriateness of the location prior to the applicant filing the application and paying the application fee, and be it further

RESOLVED, Community Board Five is urging DCA, DOT, and the Design Commission to work collaboratively with Community Boards and Business Improvement Districts to establish a master plan for the allocation of the remaining newsstands in New York City. 

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant wants to install a newsstand at the North West corner of Broadway and West 43rd Street, and

WHEREAS, The applicant provided contradictory and confusing information, with drawings not matching the pictures, and the address on the application, and

WHEREAS, The applicant notified the wrong building of its intent to install a newsstand, and

WHEREAS, The proposed location is one of the most congested areas in New York, with on any given day nearly 135,000 people walking on the sidewalk between 42nd and 43rd on 7th Avenue—which is only a few yards from the proposed location, and

WHEREAS, The Times Square Alliance is opposed to the proposed newsstand, underscoring the extreme pedestrian congestion of the bow-tie area of Times Square, and

WHEREAS, Community Board Five passed a moratorium on new street furniture on the bow-tie area of Time Square, and

WHEREAS, DCA should discourage applications for locations already reviewed; therefore be it

RESOLVED, that Community Board Five recommends denial of the application for a newsstand on the North West Corner of Broadway and West 43rd Street, and be it further

RESOLVED, Community Board 5 is deeply concerned with the high number of application it reviews each year, and in order to streamline the process and help the applicants achieve their goal, Community Board 5 demands that DCA request each applicant consult with the relevant Community Board and the relevant Business Improvement District on the appropriateness of the location prior to the applicant filing the application and paying the application fee, and be it further

RESOLVED, Community Board 5 is urging DCA, DOT, and the Design Commission to work collaboratively with Community Boards and Business Improvement Districts to establish a master plan for the allocation of the remaining newsstands in New York City.  

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, Susan Ciminelli Day Spa is requesting a BSA special permit, pursuant to ZR 73-36, to operate a physical Culture Establishment on the second floor, at 120 East 56th Street, and

WHEREAS, The applicant is a reputable spa, hair and beauty salon, with an operation in New York located within the prestigious department store Bergdorf Goodman, and

WHEREAS, The applicant wants to operate a spa, offering massages, nail treatments, hair treatments, waxing, hair removal, as well as skin care treatments, and

WHEREAS, The proposed location is 5500 square feet and will have the following hours of operation:

• Monday to Saturday, from 9am to 6pm, and Sunday, from 12pm to 5pm, and

WHEREAS, The applicant has operated the existing day spa with no complaints, therefore be it,

RESOLVED, That Community Board 5 recommends approval of the application for a BSA special permit for Susan Ciminelli Day Spa, at 120 East 56th Street.

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, The applicant, Church of St Francis Xavier wants to hold a health fair on 16th Street, between 5th & 6th Avenues, on Saturday, May 30th 2009, and

WHEREAS, The event would offer the general public access to screening and information on health issues with booths from healthcare organizations, offering amongst other services a blood drive and blood pressure screening; and

WHEREAS, The event does not serve as a fund raiser and there would be no generic vendors renting booths; and

WHEREAS, The hours would be as follows:

• Set up from 9am to 11am

• Fair from 11am to 3pm

• Breakdown and cleanup from 3pm to 5pm; and

WHEREAS, The expected attendance would be 1500 to 2000 people; and

WHEREAS, West 16th Street between 5th & 6th Avenues is a mainly residential block, and a sizeable number of residents attended the committee meeting to express their opposition to the event, raising concerns over the negative impact the event would have on vehicular traffic on a Greenmarket day in Union Square; and

WHEREAS, Community Board Five supports the nature of the event but not its location; therefore be it

RESOLVED, Community Board Five recommends denial the application for a new health fair on West 16th Street between 5th & 6th Avenues, on Saturday, May 30th, 2009 and furthermore urges SAPO to help the applicant's health fair be hosted under the umbrella of an existing multi block street fair in the vicinity of the church.

WHEREAS, The applicant, FIT, wants to hold a fall block party on West 27th Street between 7th & 8th Avenues, on Sunday, October 5th 2008; and

WHEREAS, The applicant has been hosting a spring block party for 18 years without complaints; and

WHEREAS, The proposed event would be exactly mimicked on the existing event:

• Set up start at 9am

• Event start at noon

• Breakdown and cleanup completed by 5:00pm

• Amplified sound system installed at the eastern side of the street; and

WHEREAS, Should the applicant reapply next year, the application will be denied if residents file complaints or express their opposition to the event; therefore be it

RESOLVED, That Community Board Five recommends approval of the block party on West 27th Street between 7th & 8th Avenues on Sunday October 5th 2008 and be it further

RESOLVED, That complaints from residents and neighbors would result in denial of the application in future years.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on East 17th Street, between Broadway and Park Avenue South on the north side; and

WHEREAS, The area across from Union Square Park encounters heavy pedestrian flow at peak hours on Greenmarket days; and

WHEREAS, The Union Square Partnership opposes the application and stated in a letter to the board that the block registers between 12.000 and 19.000 pedestrians every day; and

WHEREAS, Community Board Five feels the proposed newsstand would negatively impact the pedestrian traffic flow, creating a dangerous condition by narrowing the sidewalk; therefore be it

RESOLVED, That Community Board Five recommends denial of the proposed newsstand on East 17th Street, on the north side between Broadway and Park Avenue South and furthermore urges DOT & DCA to work with Community Board to identify appropriate sites for newsstands within Community Board 5 boundaries.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on 5th Avenue at the North East Corner with 58th Street; and

WHEREAS, The intersection is one of the most congested with pedestrian traffic in New York City; and

WHEREAS, The 5th Avenue Association BID has conducted a pedestrian traffic study of the area showing severe traffic congestion; and

WHEREAS, A newsstand at the proposed site would have an extremely negative impact on pedestrian traffic, thus creating an unsafe condition; and

WHEREAS, There are no newsstands on 5th Avenue between 25th Street and 82nd Street; and

WHEREAS, A newsstand would set an unfortunate precedent and would create visual clutter on the prestigious Avenue; and

WHEREAS, The New York City Art Commission has rejected newsstands proposed for the Fifth Avenue Special District stating, "The Commission notes that the zoned, Fifth Avenue Special Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands, will severely detract from its attractiveness and effectiveness"; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a newsstand on 5th Avenue, at the North East corner of 58th Street.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on N/W/C of East 21st Street, between Broadway and Park Avenue South; and

WHEREAS, The proposed newsstand would be installed in front of the display window of the retail tenant, PoggenPohl, which invested to create a display window for their flagship showroom, where the proposed newsstand would block the view of the display window; and

WHEREAS, Although pedestrian traffic was not of concern at the time of the site visit, the proposed newsstand is not in keeping with the character of the neighborhood.  Although the site is not landmarked, it is sandwiched between the Ladies Mile Historic District and the Gramercy Historic District, and the proposed newsstand made of glass and metal is not harmonious with the architecture of the area; therefore be it

RESOLVED, That Community Board Five recommends denial of the proposed newsstand at N/W/C of East 21st Street, between Broadway and Park Avenue South and furthermore urges DOT & DCA to work with Community Board to identify appropriate sites for newsstands within Community Board 5 boundaries.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on Park Avenue at East 34th Street; and

WHEREAS, The owner of the building in front of which the proposed newsstand would be installed expressed his opposition to the newsstand for the following reasons:

• The sidewalk is vaulted and its integrity would be compromised by the installation of a newsstand. (the building manager presented an engineer's report to substantiate his allegation);
• The proposed location is the garbage disposal area used by the building three times a week for collection by Department of Sanitation;
• The newsstand would sell candies and water in addition to newspapers, and would compete with the commercial tenant Duane Reade, and

WHEREAS, The 34th Street Partnership BID expressed its opposition to the proposed newsstand, echoing the concerns from the building owner, and added that there are already 21 newsstand within the BID district, and that the 34th St Partnership operates two modular newspaper units where The New York Post, The Wall Street Journal, Jewish Weekly, The Forward, The Daily News and Newsday can be purchased; therefore be it

RESOLVED, That Community Board Five recommends denial of the proposed newsstand at S/W/C of East 34th Street and Park Avenue, and furthermore urges DOT & DCA to work with Community Board to identify appropriate sites for newsstands within Community Board 5 boundaries.

WHEREAS, the applicant, Xavier High School located on West 16th Street between 5th & 6th Avenues want to host a block party on Friday, September 26th 2008; and

WHEREAS, the event will start with set up at 8.30am and will end at 2.30pm; and

WHEREAS, the event is exclusively for students of the school and is not open to the general public; and

WHEREAS, the event has been recurring for the past ten years; and

WHEREAS, the block is very largely residential and a sizeable number of residents attended the Consents & Variances committee meeting to voice their opposition to the block party, expressing their concern for vehicular traffic congestion, in conjunction with the Union Square Greenmarket, and expressing their frustration that the event is for students only and not opened to the general public, and thus making more stressful an ongoing difficult relationship with the school; and

WHEREAS, the applicant and concerned residents have agreed to start a dialogue to improve their relationship, and residents have agreed to the event with the understanding that lack thereof would result in denial of the event in future years; therefore be it

RESOLVED, That Community Board 5 recommends approval of the block party for Xavier High School, on Friday, September 26th 2008 and be it further

RESOLVED, That lack of improvement in the relationship between the school and local residents would result in a denial of the event in future

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

WHEREAS, Applicant's church is located at 708 Fifth Avenue at the corner of 55th Street; and

WHEREAS, Applicant desires to hold a recurring block party – a "Coffee Hour after Worship" -  on 55th Street between Fifth and Sixth Avenues on Sunday September 7, 2008; and

WHEREAS, Traffic along Fifth Avenue will not be affected, although Applicant will use the sidewalk along its Fifth Avenue entrance for velvet ropes, a red carpet, and the like, directing people to the festivities on the side street; and

WHEREAS, The event will take place from 10:00 am to 2:00 pm, with set up beginning no earlier than 7:00 am and break down no later than 5:00 pm; and

WHEREAS, Applicant expects attendance of approximately 1,500 people throughout the day for the event; and

WHEREAS, There will be no vendors at the event and there will be no amplified sound; and

WHEREAS, Coffee and light food will be served at the event; and

WHEREAS, Applicant has made satisfactory plans for sanitation and security throughout the event; and

WHEREAS, The street location of the proposed block party is predominately a commercial area, although there will be some potential impact on residents Applicant has held the same event for several years without complaints; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, Community Board Five recommends approval of a coffee hour after worship, in front of 708 Fifth Avenue (sidewalk only) and 7 West 55 Street (partial sidewalk and partial street use) on Sunday, September 7, 2008; and be it further

RESOLVED, Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 24 in favor; 0 opposed; 1 abstaining.

WHEREAS, Applicant is the operator of a restaurant at 9 East 18th Street; and

WHEREAS, Applicant is applying for a revocable consent to install an unenclosed sidewalk café with 6 tables and 12 seats; and

WHEREAS, Community Board Five takes its role in the review of applications for sidewalk cafés seriously and requests an opportunity to review the applications before a revocable consent is granted by the Department of Consumer Affairs; and

WHEREAS, Applicant was invited, yet failed to attend Community Board Five's Consents and Variances meeting on June 26, 2008 to present their application for review; and

WHEREAS, Any questions that the Committee might have regarding the application could not be addressed; therefore, be it

RESOLVED, Community Board Five recommends denial of a revocable consent for an unenclosed sidewalk café with 6 tables and 12 seats at 9 East 18th Street.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

WHEREAS, Applicant is opening a new restaurant, Benoit, to be operated by Groupe Alain Ducasse, a known and reputable restaurant operator; and

WHEREAS, Applicant, is applying for a revocable consent to install an unenclosed sidewalk café at 60 West 55th Street; and

WHEREAS, The proposed sidewalk café would have 3 tables and 6 seats and would occupy a width of 4'11," leaving 12'11" of sidewalk space for pedestrian traffic; and

WHEREAS, The location of the proposed sidewalk café is predominately a commercial area, and there is be little potential for negative impact on residents at that location, if any; and

WHEREAS, The minimal size of the proposed sidewalk café would have minor impact on pedestrian traffic; and

WHEREAS, Community Board Five believes that this is an appropriate location for a sidewalk café of this size and nature; therefore, be it

RESOLVED, Community Board Five recommends approval of a revocable consent for an unenclosed sidewalk café with 3 tables and 6 seats at 60 West 55th Street.

The above resolution passed by a vote of 20 in favor; 6 opposed; 1 abstaining.

WHEREAS, Applicant is the operator of a restaurant at 117 West 57th Street; and

WHEREAS, Applicant is applying for a revocable consent to install a Small Unenclosed Sidewalk café with 2 tables and 8 seats and would occupy a width of 6'6," leaving 13'5" of sidewalk space for pedestrian traffic; and

WHEREAS, The location of the proposed sidewalk café is predominately a commercial area, and there is little potential for negative impact on residents at that location, if any; and

WHEREAS, The minimal size of the proposed sidewalk café would have minor impact on pedestrian traffic; and

WHEREAS, Although a regular sized sidewalk café is not permitted at this location under Department of Consumer Affairs regulations, a "small" café (as defined in the DCA regulations) is permitted; and

WHEREAS, Community Board Five believes that this is an appropriate location for a sidewalk café of this size and nature; therefore be it

RESOLVED, Community Board Five recommends approval of a revocable consent for a "small" unenclosed sidewalk café with 2 tables and 8 seats at 117 West 57th Street.

The above resolution passed by a vote of 24 in favor; 2 opposed; 1 abstaining.

WHEREAS, Applicant will be the operator of a new restaurant at 382 8th Avenue, at the corner of 29th Street and is applying for a revocable consent to install an unenclosed sidewalk café with 5 tables and 11 seats which would occupy a width of approximately 5' leaving at least 8' of sidewalk space for pedestrian traffic; and

WHEREAS, The proposed sidewalk café would be along 29th Street, with no portion affecting 8th Avenue; and

WHEREAS, Because 29th Street at this location is predominately residential, Applicant has agreed to tailor their hours of operation to be sensitive to the needs of a residential location, to wit:

• from Sunday to Wednesday: closing time 10pm
• from Thursday to Saturday: closing time 11pm; and

WHEREAS, Community Board Five believes that this location will benefit from the operation of a sidewalk café and that is an appropriate location for a sidewalk café of this size and nature; therefore be it

RESOLVED, Community Board Five recommends approval of a revocable consent for an unenclosed sidewalk café with 5 tables and 11 seats at 382 8th Avenue.

WHEREAS, Applicant, Bar Stuzzichini, applied for a revocable consent to install an unenclosed sidewalk café at 928 Broadway, between 21st and 22nd streets; and

WHEREAS,The proposed sidewalk café would have 12 tables and 24 seats, and would occupy 9'7'' feet from the façade of the restaurant to the outermost table, leaving only 9'7'' feet for pedestrian traffic; and

WHEREAS, Community Board Five felt that the proposed sidewalk café was too large and requested that Applicant reduce its width to under 7'; and

WHEREAS, Applicant agreed to that requirement; and Community Board Five recommended approval of the application for a revocable consent for an unenclosed sidewalk café at 928 Broadway, with the following conditions:

• the sidewalk café will not exceed 7' in width; and
• Applicant will reduce the tables/seats from 12 tables and 24 seats to 8 tables and 16 seats;

WHEREAS, Since the Department of Consumer Affairs would permit 10 tables and 20 seats in the approved 7 foot width, Applicant subsequently applied to DCA and was granted a café permit for 10 tables and 20 seats, and began operating the café with 10 tables and 20 seats, despite Community Board Five's resolution approving 8 tables and 16 seats; and

WHEREAS, Applicant assures Community Board Five that it did not intentionally disregard Community Board Five's resolution and that it proceeded with a greater number of tables and seats innocently and under a misunderstanding; and

WHEREAS, Although Community Board Five would have preferred that Applicant request an amended resolution prior to moving forward with a greater number of tables and seats than approved by Community Board Five, had Community Board Five known that DCA would have approved 10 tables and 20 seats and had Applicant requested 10 tables and 20 seats at the time, Community Board Five would have approved said 10 tables and 20 seats; therefore, be it

RESOLVED, Community Board Five amends and supersedes its prior resolution on this application and approves an unenclosed sidewalk café at 928 Broadway not exceeding 7 feet in width, with 10 tables and 20 seats.

WHEREAS, Applicant desires to hold a new block party on 55th Street, between Sixth and Seventh Avenues on Saturday, August 9, 2008, to celebrate the 50th Anniversary of the Alvin Ailey American Dance Theater; and

WHEREAS, This will be a one-time only event; and

WHEREAS, The requested hours for the event were from 9:00 am – 6:00 pm, but the Applicant agreed to reduce the hours of the event to 10:00 am – 6:00 pm; and

WHEREAS, Applicant expects attendance of approximately 8,000 throughout the day for the event; and

WHEREAS, Applicant expects to have merchandise vendors, arts and crafts vendors, and food vendors at the event; and

WHEREAS, Applicant proposes to have amplified music and dance performances at the event; and

WHEREAS, The location of the proposed event is predominately a commercial area and there is be little potential for negative impact on residents at that location, if any; and

WHEREAS, Applicant has made satisfactory plans for sanitation and security throughout the event; and

WHEREAS, the event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, Community Board Five recommends approval of a block party on 55th Street, between Sixth and Seventh Avenues on Saturday, August 9, 2008 with the understanding that this will be a one-time event; and be it further

RESOLVED, Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 19 in favor; 5 opposed; 1 abstaining.

WHEREAS, Joint Applicants, The Korea Times and the Korean American Association for Greater New York desire to hold a recurring block party on 32nd Street between Broadway and Fifth Avenue on Saturday October 4, 2008 for the celebration of Korea Day; and

WHEREAS, The event will take place from 9:00 am to 7:00 pm, with set up beginning no earlier than 6:00 am and of the proposed block party break down no later than 9:00 pm; and

WHEREAS, There will be 10 merchandise vendors, 10 food vendors and 5 other vendors at the event;

WHEREAS, There will be amplified sound at the event no earlier than noon and no later than 6:00 pm.  Applicant expects to have three hours of live entertainment during that time; and

WHEREAS, The location of the proposed event is predominately a commercial area, and there is be little potential for negative impact on residents at that location, if any; and

WHEREAS, Applicant has held the same event for several years without complaints; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore, be it

RESOLVED, That, Community Board Five recommends approval of a block party on 32nd Street, between Broadway and Fifth Avenue on Saturday, October 4, 2008; and be it further

RESOLVED, That Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 23 in favor; 2 opposed; 1 abstaining.

WHEREAS, Applicant, the Museum of Arts and Design, is celebrating the opening of a new museum at 2 Columbus Circle; and

WHEREAS, The opening events, including set up and break down, will take place from September 16, 2008 through September 29, 2008; and

WHEREAS, The opening events, which will include a two-day free public opening on September 27th and 28th, will have a maximum anticipated flow-through of approximately 150 people per hour.  To accommodate an orderly welcoming of these visitors, Applicant will install 3 temporary structures:

• a registration tent approximately 25' long, 20'wide, and 10'high to be constructed on the sidewalk and on one lane of 58th Street;
• a waiting line shelter tent approximately 85' long and 10' wide and 10' high to be constructed on the sidewalk along the Broadway façade of the building; and
• a restroom trailer approximately 25' long and 8' wide to be parked on the west side of Broadway between Columbus Circle and 58th Street; and

WHEREAS, Lane closing permits issued by the Department of Transportation in connection with the construction at the premises remain in effect, so the location of the aforementioned structures will not require any additional street closure; and

WHEREAS, Applicant acknowledges that the restroom trailer is not handicap accessible, so accessible facilities inside the building will be provided and appropriate signage will be posted; and

WHEREAS, the tentative event schedule is as follows:

Tues September 23          11:00 am – 1:00pm

                                  Registration for evening reception
Thu September 25           8:00 am – 9:00pm
                                  Registration for several receptions
Fri   September 26           8:00 am – 6:00pm
                                   Registration for all day reception
Sat September 27            9:00 am – 7:00pm
                                   Registration for public opening
Sun September 28           9:00 am – 6:00pm
                                   Registration for public opening

WHEREAS, Construction and set up will commence no earlier than 7:00 am and end no later than 6:00 pm tentatively on Tuesday September 16, Wednesday September 17th and Wednesday September 18th (with Saturday September 20 and Sunday September 21 as alternate dates).  Break down and removal of all structures will occur on Monday September 29 from 7:00 am to 2:00 pm; and

WHEREAS, A ribbon cutting ceremony will take place on Tuesday September 23 from approximately 11 am to 1pm, at which Mayor Bloomberg and other dignitaries will be in attendance.  For the ribbon cutting ceremony, a temporary seating area accommodating approximately 150 guests plus media crews will be located on the sidewalk along the Columbus Circle façade of the building.  The total occupancy of the outdoor seating area will not exceed 190 persons, with any excess to be seated indoors.  Approximately 9' of walkway will be maintained for pedestrian traffic.  If rain is expected on the day of the ribbon cutting ceremony, a tent approximately 30' wide, 40' long and 10' high will be constructed over the seating area; and

WHEREAS, Applicant has hired private security and sanitation services for the duration of the events; and

WHEREAS, The events have been thoroughly and professionally thought out, planned and presented and are expected to be run in a similarly effective manner; therefore, be it

RESOLVED, Community Board Five recommends approval of:

• a ribbon cutting ceremony at 2 Columbus Circle between Broadway and Eighth Avenue on Tuesday, September 23, 2008, and
•  support structures and street activities at 2 Columbus Circle between Broadway and Eighth Avenue from September 16, 2008 through September 29, 2008, provided that there shall be no street or lane closures other than the lane closures referred to in the third WHEREAS clause above; and be it further

RESOLVED, That Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 23 in favor; 0 opposed; 2 abstaining.

WHEREAS, Applicant operates a National Historic Site in a four-story brownstone at 28 East 20th Street as the birthplace of President Theodore Roosevelt; and

WHEREAS, Applicant desires to hold a new block party on 20th Street, between Broadway and Park Avenue South on Sunday, October 26, 2008, to celebrate the 150th birthday of President Theodore Roosevelt; and

WHEREAS, This will be a one-time only event; and

WHEREAS, Applicant requested a set up time of 6:00 am but agreed to delay set up on this residential block until 8:00 am.  The event will run from 9:00 am – 5:00 pm and will be broken down before 7:00 pm; and

WHEREAS, Applicant expects attendance of approximately 800-1,000 people throughout the day for the event; and

WHEREAS, Applicant expects to have 4 arts and crafts vendors 8 food vendors and 2 other vendors at the event; and

WHEREAS, Applicant proposes to have 2 twenty-five minute marching band performances at the event; and

WHEREAS, Applicant has made extensive plans for sanitation and security throughout the event, through the National Park Ranger Service and otherwise; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; and

WHEREAS, Although the street location of the proposed block party is predominately a residential area, and there will be some potential impact on residents, Applicant has made efforts to be sensitive to the needs of the residential community; therefore be it

RESOLVED, Community Board Five recommends approval of a block party on 20th Street, between Broadway and Park Avenue South on Sunday, October 26, 2008 with the understanding that this will be a one-time only event; and be it further

RESOLVED, Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

WHEREAS, Garden Retreat Spa is an existing physical culture establishment offering “Asian, Swedish & Shiatsu Massage;” and

WHEREAS, The premises is on the second floor of a seven story office building and contains 1,874 square feet of floor area.  The spa has six rooms for massage therapy, one shower room, one steam room, and one table shower (exfoliation) room, as well as an employee break room, waiting and reception areas, and a storage/laundry room.  The premises has a men’s locker room, but no changing facilities for women, it being explained that female customers change in the treatment rooms; and

WHEREAS, The spa’s hours of operation are from 10:00 am to midnight or 1:00 am, seven days a week.  The building entrance is staffed by a security guard from 8:00 am to 6:00 pm.  After-hours customers obtain access via an intercom system with audio/visual capabilities; and

WHEREAS, The application states that approximately five employees will be employed by the spa, including three licensed massage therapists and two staff; and

WHEREAS, At least three women observed working on the premises at the time of the site visit could not be identified by the management but were described only as “students” and/or “friends;” and management could not provide any elaboration regarding how many “students” and/or “friends” were present on the premises at the time of the site visit, or work there from time to time; and

WHEREAS, Scott P. Kimmins, who served 20 years with the New York Police Department in the 13th Precinct and is currently Director of Operations of the Flatiron/23rd Street Partnership (of which the premises is a part), testified that, although there is no wrongdoing alleged against the spa, the vicinity surrounding the premises is known for problems with prostitution.  He also stated that the building in which the spa is located has had problems, including a recent murder during an armed robbery involving an illegal gambling establishment on the seventh floor; and

WHEREAS, Community Board Five does not believe this is an appropriate location for a physical culture establishment of this type and with this method of operation; therefore, be it

RESOLVED, Community Board Five recommends denial of the application to legalize the existing Physical Culture Establishment at 253 Fifth Avenue, 2nd Floor.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

WHEREAS, Applicant, Project Dance, wants to hold a block party on 44th Street, between Broadway and 6th Avenue on Saturday, April 18, 2009 from 9:00 am to 7:30 pm, with set up beginning at approximately 5:00 am and break down ending at approximately 8:00 pm; and

WHEREAS, Applicant expects attendance of approximately 200 people for the event; and

WHEREAS, Applicant has held the same event for several years without complaints; and

WHEREAS, Applicant has the support and cooperation of the theater located on that block and will coordinate its events so as not to disturb the theater’s performances; and

WHEREAS, The location of the proposed event is

predominately a commercial area, and there is be little potential for negative impact on residents at that location, if any; and

WHEREAS, Applicant has made satisfactory plans for sanitation and security throughout the event; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore, be it

RESOLVED, Community Board Five recommends approval of a block party on 44th Street, between Broadway and 6th Avenue on Saturday, April 18, 2009; and be it further

RESOLVED, Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 23 in favor; 2 opposed; 1 abstaining.

WHEREAS, The applicant is applying for new construction of an enclosed sidewalk café with 13 tables and 26 seats at 111 East 18 Street, and

WHEREAS, Community Board 5 previously approved the applicant for a larger sidewalk café, but due to unresolved issues with Con Edison, the applicant was forced to revise his plan to a smaller scale sidewalk café; therefore be it

RESOLVED, That Community Board Five recommends approval of an enclosed sidewalk café with 13 Tables and 26 Seats at Geisha NYC LLC d/b/a Japonais, 111 East 18 Street.

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

WHEREAS, The applicant wants to install a newsstand on 6th Avenue at the corner with West 54th Street; and

WHEREAS, The applicant failed to attend a regularly scheduled Consents and Variances meeting in June 2008; and

WHEREAS, The Consents & Variances Committee reviewed the location and felt it is was very congested with pedestrian traffic and as such an inappropriate site for a newsstand; therefore be it

RESOLVED, That Community Board Five recommends

denial of the application for a newsstand at the North West Corner of West 54th Street and 6th Avenue.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant 24-Hour Fitness USA is applying for a BSA special permit for a physical culture and SPA establishment, and

WHEREAS, The applicant’s premises are located at 225 5th Avenue, at the corner with 26th Street, and

WHEREAS, The applicant is a reputable fitness company with premises throughout the country, and

WHEREAS, The premises will be operated 24 hours per day and 7 days per week, and

WHEREAS, The applicant has taken appropriate measures to mitigate the noise from the stereo equipment, and

WHEREAS, The applicant has agreed with the Consents and Variances Committee to increase staffing during off hours from 11pm to 6am; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a BSA special permit for a Physical Culture establishment at 225 Fifth Avenue.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

Avenue & West 34th Street

WHEREAS, The applicant, Macy’s department store wants to temporarily co-name 34th Street between Broadway and 7th Avenue “R.H. Macy Way,” in honor of its founder R.H. Macy; and

WHEREAS, R.H. Macy, the founder of Macy’s Department Store, contributed to revolutionizing retail in America by developing the concept of the modern

department store and is credited with bringing Santa Claus in store to New York as well as the first in-store dining with a soda fountain; and

WHEREAS, The street blade will be temporarily installed for 1 month, from October 15th to November 15th, 2008, marking the celebration of the 150th Anniversary of Macy’s department store; and

WHEREAS, The cost of installation and removal of the

blades will be borne by the applicant; and

WHEREAS, Community Board 5 is usually not in favor of street co-namings but due to the temporary nature of the application, it feels it is appropriate; therefore be it

RESOLVED, That Community Board 5 recommends approval of the application for the temporary co-naming of West 34th Street between Broadway and 7th Avenue, and be it furthermore

RESOLVED, That Community Board Five would not support an application for a permanent co-naming of West 34th Street between Broadway and 7th Avenue.

The above resolution passed by a vote of 26 in favor; 6 opposed; 5 abstentions.

Whereas, The applicant, SGI, is a non for profit organization located at 7 East 15th Street between Union Square West and 5th Avenue, and

WHEREAS, The applicant wants to organize a block party on Sunday September 7th 2008, and

WHEREAS, The applicant has agreed the following:

• set up no sooner than 9 am,
• Event start at 11am
• No use of amplified sound before 1pm, and for a maximum of two hours
• End of event at 4pm
• Clean-up to be completed and street reopened by 7pm

WHEREAS, The applicant will have 30 volunteers for sanitation and has agreed to bag the garbage during the event to avoid garbage receptacles overflow, and

WHEREAS, The applicant will receive assistance from the 13th Precinct to handle security, and

WHEREAS, The event will have 2000 expected visitors throughout the day, and

WHEREAS, The applicant recognizes that the building

located on 15th St. at the corner with 5th Avenue is a mixed use building and as such, the applicant will not locate any food vendor in front, nor its amplified sound equipment, and

WHEREAS, The event will have no more than 2 food vendors, and a variety of vendors but none of the generic "street fair vendors," and

WHEREAS, East 15th Street between Union Square West and 5th Avenue is not a main vehicular thoroughfare, and

WHEREAS, The Consents & Variances Committee recognizes the indigenous relationship between the applicant and the block, where it had its office for over 20 years; therefore be it

RESOLVED, That Community Board Five recommends approval of the block party for SGI-USA, on East 15th Street between Union Square West and 5th Avenue, on Sunday, September 7th 2008.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on West 52nd Street at the North West Corner of 6th Avenue, and

WHEREAS, The proposed location is across from the Calyon Building, which is fronted by a plaza and bordered by 2 bronze statues of Venus de Milo by noted artist Jim Dine, and

WHEREAS, The proposed newsstand would detract from the unobstructed view of the plaza and would not be harmonious with its surroundings, and

WHEREAS, The newsstand would negatively impact the surrounding area, creating physical and visual impediments, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on West 52nd Street at the North West Corner of 6th Avenue.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on 8th Avenue at the South East corner on 41th Street, and

WHEREAS, The proposed location is across from Port Authority Bus Terminal, and

WHEREAS, The pedestrian traffic is very congested around the proposed location, and

WHEREAS, The newsstand would negatively impact on the pedestrian traffic creating physical clutter at an intersection already congested, thus creating an unsafe condition; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand on 8th Avenue at the South East Corner of 41th Street.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Lunetta, is applying for a revocable consent to install an unenclosed sidewalk café at 920 Broadway, at the corner of 21st Street; and

WHEREAS, The proposed sidewalk café would have 24 tables and 48 seats, and would leave only 8'2'' feet on 21st Street and 8'5'' on Broadway for pedestrian traffic; and

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

WHEREAS, The applicant agreed to the Committee's requirements; therefore be it

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

• The sidewalk café will leave 9'6 1/2'' clearance on 21st street and 10'9'' feet clearance on Broadway
• and will have 19 tables and 38 seats.

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

WHEREAS, The applicant, Bar Stuzzichini, is applying for a revocable consent to install an unenclosed sidewalk café at 928 Broadway, between 21st and 22nd streets; and

WHEREAS, The proposed sidewalk café would have 12 tables and 24 seats, and would occupy 9'7'' feet from the façade of the restaurant to the outermost table, leaving only 9'7'' feet for pedestrian traffic; and

WHEREAS, Community Board 5 feels the proposed sidewalk café is too large and would like to reduce its width to under 7'; and

WHEREAS, The applicant agreed to the Committee's requirements; therefore be it

RESOLVED, That Community Board 5 recommends approval with the following conditions of the revocable consent for an unenclosed sidewalk café at 928 Broadway:

• The sidewalk café will not exceed 7' in width 
• will reduce the tables/seats from 12 tables and 24 seats to 8 tables and 16 seats.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on 5th Avenue at the North West corner of 32nd Street; and

WHEREAS, Fifth Avenue is a world-renowned Avenue that offers a open view corridor; and

WHEREAS, There are no newsstands on Fifth Avenue between 25th Street and 81st Streets; and

WHEREAS, Adding a newsstand at the proposed site would set an unfortunate precedent and would produce more physical and visual clutter; therefore be it

RESOLVED, That Community Board 5 recommends denial of the application to install a newsstand on 5th Avenue at the North West Corner of 32nd Street.

The above resolution passed by a vote of 25 in favor; 10 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on 5th Avenue at the North East Corner with 58th Street; and

WHEREAS, The intersection is one of the most congested with pedestrian traffic in New York City; and

WHEREAS, The 5th Avenue Association BID has conducted a pedestrian traffic study of the area showing severe traffic congestion; and

WHEREAS, A newsstand at the proposed site would have an extremely negative impact on pedestrian traffic, thus creating an unsafe condition; and

WHEREAS, There are no newsstands on 5th Avenue between 25th Street and 82nd Street); and

WHEREAS, A newsstand would set an unfortunate precedent and would create visual clutter on the prestigious Avenue; and

WHEREAS, The New York City Art Commission has rejected newsstands proposed for the Fifth Avenue Special District stating, "The Commission notes that the zoned, Fifth Avenue Special Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands, will severely detract from its attractiveness and effectiveness"; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a newsstand on 5th Avenue, at the North East corner of 58th Street.

The above resolution passed by a vote of 28 in favor; 4 opposed; 1 abstaining.

WHEREAS, The applicant is seeking a revocable consent to construct a security wall structure under the sidewalk at 130 East 59th Street, and

WHEREAS, The building has been going through an extensive renovation and in this course it has appeared that a structural column could not be reinforced, leading to the need to build a wall structure to reinforce the sidewalk, and

WHEREAS, The wall structure will entirely be underneath the sidewalk and will not be visible, therefore be it

RESOLVED, That Community Board 5 recommends approval of the application by United Jewish Appeal for a sidewalk security wall at 130 East 59th Street.

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

WHEREAS, The applicant, Abbey Restaurant, Inc., d/b/a Resto, wants to install an unenclosed sidewalk café, with 3 tables and 6 chairs, leaving 10 feet from the curb to the barrier of the café; and

WHEREAS, The applicant has agreed to the following hours of operations:

• From Sunday to Wednesday: closing time 10pm
• From Thursday to Saturday: closing time 11pm; and

WHEREAS, The applicant understands that "closing time" means that the café will be vacated of all patrons and will not be used by guests who wish to smoke; and

WHEREAS, Community Board Five is aware of the mixed commercial and residential nature of the street and feels the hours of operations of the sidewalk cafe will not have a negative impact on the neighborhood; and

WHEREAS, The applicant has agreed to apply to all relevant city or state agencies to get proper licensing to serve liquor in the designated area; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to install an unenclosed sidewalk café with 3 tables and 6 chairs at 111 East 29th Street.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining.

October 4th, 2008

WHEREAS, The applicant, Epoch Times, wants to hold a street festival on West 36th Street between 7th & 8th Avenues; and

WHEREAS, The applicant anticipates 3000 visitors; and

WHEREAS, The applicant is the publisher of the newspaper Epoch Times, a for-profit corporation; and

WHEREAS, The applicant appeared in front of the Consents and Variances Committee in January 2008 with 3 different applications: 2 multi-block and 1 multi-day street festivals; and

WHEREAS, Community Board Five voted to deny the 2 multi-block events because they were new events to CB5, and CB5 has a moratorium on new street activity; and

WHEREAS, The applicant agreed to convert their multi-day event to a single day event to take place on Saturday, October 4th, 2008; and

WHEREAS, At the January 2008 Consents & Variances committee meeting, the applicant was unable to answer many questions from the committee pertaining to the nature of the vendors, the extent of the activities, the number of security personnel, and the number of sanitation personnel to operate at the street festival, and the applicant was asked to come back before the committee with additional information; and

WHEREAS, At the March 2008 Consents & Variances committee meeting, the applicant was still unable to answer many questions by the committee and showed an obvious lack of concrete planning; therefore be it

RESOLVED, That Community Board Five recommends denial of the Epoch Times’ application to hold a Street Festival on West 36th Street between Seventh & Eighth Avenues on Saturday, October 4th, 2008.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant Harrison & Shriftman, a PR firm, wants to organize a commercial event for one of their clients, by closing East 52nd Street between Madison & Fifth Avenue, on May 8th 2008, between 5pm and 11pm, and

WHEREAS, Community Board Five generally does not support street closure for commercial events, and

WHEREAS, Community Board Five has a moratorium on new street activity permits, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to hold a street event on East 52nd Street between Madison and Fifth Avenue, on May 8th 2008.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, American Diabetes Association, wants to hold a street festival on Madison Avenue between 42nd and 56th Streets, on November 1st 2008; and

WHEREAS, The applicant has been holding the same event for over 5 years without complaints; therefore be it

RESOLVED, That Community Board Five recommends approval of a street festival on Madison Avenue between 42nd and 56th Streets, on November 1st 2008, and be it further

RESOLVED, that Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & Movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 23 in favor; 3 opposed; 1 abstaining.

WHEREAS, The Ancient Order of Hibernians wants to organize a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, September 13th, 2008, and

WHEREAS, The discrimination practices of the Ancients Order of Hibernians is against Community Board Five Street Activity Permit Policies, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to hold a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, September 13, 2008.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Big Apple Performing Arts, wants to hold a street festival on Seventh Avenue between 45th St and 56th St, on September 6th 2008; and

WHEREAS, The applicant has been holding the same event for over 5 years without complaints; therefore be it

RESOLVED, That Community Board 5 recommends approval of a street festival on Seventh Avenue between 45th St and 56th St, on September 6th 2008; and be it further

RESOLVED, that Community Board 5 strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & Movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 23 in favor; 3 opposed; 1 abstaining.

WHEREAS, The applicant, Global Role Models, wants to hold a street festival on Avenue of the Americas between 42nd St and 56th St. on October 12th 2008; and

WHEREAS, The applicant has been holding the same event for over 5 years without complaints; therefore be it

RESOLVED, That Community Board Five recommends approval of a street festival on Avenue of the Americas between 42nd St and 56th St. on October 12th 2008;  and be it further

RESOLVED, That Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & Movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 23 in favor; 3 opposed; 1 abstaining.

WHEREAS, The applicant is proposing to install a newsstand on the South West Corner of West 53rd Street and Seventh Avenue; and

WHEREAS, The applicant lost his previous newsstand located at 96th Street and Broadway due to construction by the MTA; and

WHEREAS, The sidewalk at the site of the proposed newsstand is 37 feet wide at this location; and

WHEREAS, Although this area is heavily trafficked by pedestrians, the width of the sidewalk is such that Community Board Five thinks the proposed newsstand would not have a negative impact on pedestrian traffic; therefore be it

RESOLVED, That Community Board Five recommends approval of the newsstand at the SWC of West 53rd Street and 7th Avenue.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on Broadway near 52nd Street; and

WHEREAS, The sidewalk at the site of the proposed newsstand is 22.2 ft wide; and

WHEREAS, The area is very heavily congested with pedestrian traffic; and

WHEREAS, Community Board Five feels the proposed newsstand would negatively impact the pedestrian traffic flow; therefore be it

RESOLVED, That Community Board Five recommends denial of the proposed newsstand at the South West Corner of Broadway and 52nd Street.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Pakistan Day Parade & Fair Committee Inc. wishes to conduct a street festival on Madison Avenue between 23rd and 26th Streets, on Sunday, August 24, 2008; and

WHEREAS, The applicant has submitted an Application For Street Activity Permit to the City of New York Street Activity Permit Office (“SAPO”), which was received on December 26, 2007; and