Land Use & Zoning

WHEREAS, In March 1950 the Board of Standards and Appeals (BSA) granted a 21-year variance to the Directors Guild of America (DGA) to allow 4,110 square feet of 110 West 57th Street, a building owned by the DGA and in which it also maintains offices, to be used as a motion picture theater; and

WHEREAS, After the initial 21-year variance expired, the BSA granted four subsequent 10-year renewals of the variance, in 1971, 1982, 1995, and 2003, ten years being the maximum period permitted for renewals, and now the DGA has applied for an additional 10-year renewal to its variance; and

WHEREAS, Although the DGA could operate this theater space for private screenings of works by its members as an accessory use without a variance, because the screenings are open to the public, a variance is required because motion picture use is in Use Group 8 and thus not allowed due to the building's C5-3 Zoning; and

WHEREAS, In the theater's 62-year history of operation there have been no recorded violations issued to the building regarding the theater use; there are no records of complaints from the public per CB5's office, the BSA, or the office of the City Council member in whose district the theater is located; and no member of the public came to speak to the Land Use & Zoning Committee meeting at which the applicant presented the proposed renewal; and

WHEREAS, The building and theater are located in a commercial neighborhood, one that since its last BSA variance renewal, has retained its commercial character; and

WHEREAS, By being permitted to operate as a motion picture theater open to the public as opposed to being a private screening room, this theater space will continue as a popular community amenity; and therefore, be it

RESOLVED, That Community Board Five recommends approval of the application of BSA # 849-49 BZ, 110 West 57th Street, Directors Guild of America, Inc., application for extension of terms for a variance to allow a portion of the building (4,110 s.f.) to be used for motion picture theater use (Use Group 8) contrary to the building's C5-3 Zoning.

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

WHEREAS, the Applicant, Richard Chapman and Associates, was granted a Special Permit by the City Planning Commission in August 2004 to develop a 363-space public parking garage on the property located at 7-13 West 21st Street at which it currently operates a parking lot with 256 spaces; and

WHEREAS, the Applicant intends to construct an approximately 288,000 square foot residential building as-of-right on the site but the building is not yet designed; and

WHEREAS, the parking garage would be located in two cellar levels below this building with a ground floor entry accessed from both West 21st and West 22nd Streets, with egress from West 22nd Street, and will contain 363 vehicle spaces with 128 stackers and 18 reservoir spaces, be open 24 hours a day, seven days a week, and be fully attended; and

WHEREAS, in June 2008 the Applicant applied for and was granted a three-year renewal of the Special Permit but due to economic conditions has not yet commenced development; and

WHEREAS, the basis for renewal of a Special Permit is whether or not the facts upon which it was granted have substantially changed; and

WHEREAS, when CB5 reviewed the initial application for the Special Permit in 2004 it stressed the need for adding off-street parking to the area which has continued to undergo new residential and commercial development and since then seven parking lots, representing 811 spaces, have been eliminated, making the need for off-street parking even more compelling; therefore be it

RESOLVED, that Community Board Five recommends approval of the application for a second three-year renewal of a special permit for the development of a 363-space public parking garage at 7-13 West 21st Street.

Thank you for the opportunity to comment on this matter.

The above resolution passed by a vote of 33 in favor, 0 opposed, 2 abstaining.

WHEREAS, the Applicant, C.S. Ritz Residence LLC on behalf of La Masseria Restaurant, is located on the ground floor of the Ritz Apartments at 235 West 48 Street and the restaurant has operated at this location since March 2004; and

WHEREAS, Ritz Plaza, a privately-owned public space, was developed in 1987 pursuant to the grant under ULURP Application N880133ZCM of a 1.0 FAR bonus of 40,142 sq. ft. of floor area in exchange for the development of the plaza; and

WHEREAS, Ritz Plaza includes an area with a September 11 memorial which, with authorization for security reasons, is not open 24-hours per day and an area outside the memorial which is open 24-hours a day, 7 days a week; and

WHEREAS, Ritz Apartments is a mixed-use commercial and residential building; and

WHEREAS, the Applicant has filed an application with the Department of City Planning to renew the certification that permits an open air café with eleven (11) tables and twenty-three (23) seats on the eastern side of Ritz Plaza, directly in front of La Masseria Restaurant, for three years; and

WHEREAS, the Applicant is proposing no changes to the configuration and size of the café for which certification was last granted in January 2009; and

WHEREAS, the Applicant voluntarily complied with plaza improvements suggested by CB5 when it approved its 2008 certification application; these included

• Adding eighteen (18) new seats, including six (6) traditional seats and twenty-four (24) linear feet of seating, outside the gate which are available to the public 24/7; and
• Providing new privately owned public space signage; and

WHEREAS, Community Board Five would like to see the following added to the plaza:

• Add five additional seats on the eastern side, outside the gate, which are available to the public 24/7;
• Keep lighting levels at current standards for public plazas as set forth by the Zoning Resolution; and

WHEREAS, the Applicant has agreed to investigate the feasibility of complying with the above recommendations, specifically:

• To review the feasibility of adding five additional seats with the owner of the premises;
• Upon review it has been found that the ten (10) pole lights currently existing in Ritz Plaza conform to Section 37-743 of the Zoning Resolution, which requires a minimum of 2 horizontal foot candles in walking and seating areas and 0.5 horizontal foot candles in all other areas. The lighting requirements of ZR 37-73 have not changed since the plaza lighting was installed and therefore the lighting meets current zoning requirements; and

WHEREAS, planters delineate the café area from the public plaza, preventing "café creep"; and

WHEREAS, the plaza is well maintained and the café is a popular neighborhood amenity, and the Applicant agreed to investigate and, where possible, implement the Committee's above-mentioned recommendations; therefore be it

RESOLVED, Community Board Five recommends approval of the application for a three-year renewal of the open air café certification.

The above resolution passed by a vote of 33 in favor, 0 opposed, 2 abstaining.

WHEREAS, 249 West 29 Owners Corp. is the owner of 247-251 West 29th Street, a 62,500 square foot mixed-use building with 15 stories and a 2-story extension located in the newly re-zoned M1-6D district; and

WHEREAS, this once all-commercial building was made mixed-use in 1980 when a Variance was granted by the BSA that permitted the conversion of floors 3 to 15 from commercial to residential use but the BSA did not permit the 2nd floor to be residential because of the opposition of one commercial tenant who vacated the building shortly thereafter; and

WHEREAS, the Applicant is now requesting that the 2nd floor be converted to residential use arguing that commercial occupancy on the 6,610 sq. ft. 2nd floor is incompatible with the residential occupancies on the upper floors and not suitable for commercial use due to the building's physical structure, the units are too small to accommodate the types of commercial uses operating in the neighborhood, the location of structural walls prevent combining the three 2nd floor units into a more marketable single large unit, and having only one lobby and elevator for both residential and commercial tenants creates access, egress, and security issues; and

WHEREAS, since the 1980 variance, a period followed that saw several economic downturns and a deterioration of the neighborhood's fur industry and other manufacturing activities, but despite these conditions, the building made numerous efforts to rent the 2nd floor units to various commercial tenants that were suitable for the units and who paid their rent but experienced numerous problems with extreme noise, security violations, and other disturbances that threatened the habitability of the residential units on the upper floors as well as problems with rent arrears leading to multiple evictions, creating hardships for the building's owners and occupants; and

WHEREAS, starting in the mid-1990's, the building began to attract tenants in creative businesses who rented the units on the 2nd floor as work spaces but also began to illegally occupy them as live-work spaces and when the building became a cooperative, two of the three 2nd floor tenants became shareholders in the cooperative; and

WHEREAS, the Applicant wishes to legalize what has become a highly stable live-work use that has been in place for over ten years; and

WHEREAS, granting the variance will not change the zoning and commercial use will still be permitted on the 2nd floor, nor will it violate the spirit of the new M1-6D zoning district which has as one of its purposes to protect buildings with concentrations of Class B office space which is not the case with this application; and

WHEREAS, the BSA has not taken any action or filed complaints against the building or coop pertaining to this illegal use and all physical aspects of the building are said to be to code; therefore be it

RESOLVED, Community Board Five recommends approval of the application to amend the previous BSA variance to allow residential use on the 2nd floor of 247-251 West 29th Street.

The above resolution passed by a vote of 33 in favor, 0 opposed, 2 abstaining.

WHEREAS, The Department of City Planning is proposing a Citywide zoning text amendment called Zone Green to remove zoning impediments to the construction and retrofitting of buildings to improve energy efficiency and environmental performance; and

WHEREAS, according to the Department of City Planning it costs New Yorkers $15 billion each year to heat and power buildings, and these buildings are responsible for 80% of the City's carbon emissions and it is expected that in 2030, 85% of our buildings will be buildings that exist today so their improved performance is critical to reducing New York City's energy use and carbon emissions; and

WHEREAS, Zone Green encompasses four major components -- high performance building envelope, sun control devices to reduce summer cooling needs, rooftop features, and other sustainable features such as solar energy generation and charging electric vehicles, all with the goal of empowering property owners to build or retrofit buildings to 21st century standards:   

HIGH PERFORMANCE BUILDING ENVELOPE:

WHEREAS, while the proposed text amendment would allowexisting buildings to add external insulation within the property line, exempting it from floor area, Community Board Five believes this provision will not address the zoning impediment of high performance building design in CB5's District primarily because most existing buildings in midtown and other areas with high density zoning are built out to the existing side and front lot lines and thus would not be able to benefit from the exemption; and

WHEREAS, under the proposed text amendment for new buildings whose walls are more efficient than required by the New York City Energy Conservation Code, up to eight inches of additional wall thickness could be exempted from floor area, encouraging higher performing buildings without changing the amount of usable space in the building and the Board believes this provision should apply to existing buildings as well; and

SUN CONTROL DEVICES:

WHEREAS, sun control devices -- such as awnings -- can help reduce air-conditioning and lighting bills by providing natural light while also creating some additional detail and interest on a building façade, and the proposed text amendment would now permit sun control devices and awnings above the ground floor to project 2 feet 6 inches over required open areas such as rear yards but these sun control devices could cover no more than 30% of the façade; one prominent example of this kind of sun control scheme is the metal rods on the façade of The New York Times building on West 40^th Street and 8^th avenue; and 

WHEREAS, solar power can provide pollution-free energy for electricity or hot water, reducing utility bills and carbon emissions and the proposed text amendment would now allow solar panels on flat roofs anywhere below the parapet as long as they are not visible from the street, regardless of building height; the proposal would also allow portions of solar installations that are higher than 4 feet with additional restrictions; and

ROOFTOP FEATURES:

WHEREAS, although the proposal would also allow low-lying features such as green roofs, recreational decks, other storm water detention systems and skylights anywhere below the parapet, regardless of building height, it does not require elements like storm water detention systems which Community Board Five believes is a missed opportunity; and

WHEREAS, the Department of City Planning notes that greenhouses on industrial, commercial and school buildings can enable year-round local food production and provide valuable educational opportunities and thus will now permit, by Certification of the Chair of the City Planning Commission and with certain height, set back and water consumption rules, a greenhouse to be exempt from floor area and height limits, provided that it is located on top of a building that does not contain residences or sleeping accommodations; however this restriction will mean that many opportunities to promote local agriculture and education may be missed, such as dormitory buildings, nursing homes, and residential buildings that are over bulk and believes that there has not been a clear rationale presented for not including these uses and that every opportunity to support local agriculture should be embraced; in particular, we note that there are hundreds of residential buildings in CB5 that are built out to their maximum FAR and may want to construct a greenhouse which the proposed regulations will not permit; and

WHEREAS, Community Board Five notes that a Certification from the Chair of the City Planning Commission can often be a process that takes upward of a year and recommends that the Department of City Planning draft clear application standards so as to simplify review of these proposed greenhouses; and

WHEREAS, the Department of City Planning notes that wind energy generation in New York City makes the most sense where winds are consistent - on taller buildings and near the waterfront -- and the proposed text would allow turbines up to 55' on buildings taller than 100' provided it is set back at least 10 feet from any property line and comply with requirements set forth by the Department of Buildings; and while Community Board Five believes that every possible renewable energy source needs to be explored and examined carefully to determine the potential in New York City, the Board nonetheless believes that a convincing argument has not been presented which would permit the construction of wind turbines 55' above a height of 100' which would have a profound impact on the visual character of many blocks in Midtown and may also present significant concerns with respect to overall safety, noise, bird safety, and ice during the winter months; and  

LEADERSHIP, INNOVATION AND BEST PRACTICES:

WHEREAS, Community Board Five recognizes that best practices and technology in green building are rapidly evolving and strongly urges the Department to carefully monitor these trends and prepare a report at least every four years that documents how well these proposed zoning changes have worked and whether further modifications or larger revisions are needed; Community Board Five notes that this reporting requirement will help the City better understand evolving trends and more quickly address outdated zoning provisions, new regulatory best practices, and keep the public informed; and 

WHEREAS, Community Board Five is deeply supportive of environmentally sensitive building practices and commends the Department of City Planning for examining impediments to these practices but we remain concerned that New York City is far from a leader in this field; and

WHEREAS, many other American cities have amended their zoning codes to reflect the best practices in green building and have gone much further than the proposed amendment by looking more carefully at requirements that can be put in place to improve the performance of new buildings as well as creative incentives for green building; and

WHEREAS, Community Board Five believes New York City needs to be a leader in green building design and encourages the Department of City Planning to be bold and go beyond removing regulatory hurdles by setting high performance building design standards such as the Passive House Standard and sustainability standards such as the LEED standard so to require and/or give incentives to certain green building practices; and

WHEREAS, Community Board Five is concerned about the interagency cooperation that is required for the enforcement and implementation of this text amendment and urges the Department of City Planning to work very carefully with Department of Buildings, Landmarks Preservation Commission, Economic Development Corporation, Department of Environmental Protection and other relevant agencies to implement and enforce these requirements as well as explore how the City may better incentivize higher performing buildings; and

WHEREAS, Community Board Five recommends that approvals which require discretionary review such as Special Permits and authorizations be amended to include a finding requiring an applicant to demonstrate that they have, to the greatest extent feasible, incorporated green building and landscape design features; and

WHEREAS, while Community Board Five strongly endorses the goals and intentions of the proposed Zone Green revisions to the Zoning Resolution to remove regulatory barriers to green building practices, it objects specifically to a number of the elements of the proposed text amendment; and therefore be it

RESOLVED, Community Board Five recommends approval with conditions of a proposed revision by the Department of City Planning to the Zoning Resolution to remove regulatory barriers to green building practices.  Those conditions are:

• Review the suitability for an allowance for wind turbines of 55' height on buildings over 100' tall in midtown Manhattan;
• Include requirements for storm water retention systems;
• Expand the restriction on floor area waivers for greenhouses to include buildings with dwelling units and simplify the process to apply for and obtain a Certification;
• Review the restriction on electric vehicle charging stations in a residential district instead of the plan to permit only in commercial districts;
• Review the restriction on solar energy generation in residential districts instead of the plan to permit only in commercial districts;
• Include ways to allow existing buildings that are built to existing side and front lot lines to add external insulation without adding to floor area;
• Add and set high performance building design standards such as the Passive House Standard and sustainability standards such as the LEED standard so to require and/or give incentives to certain green building practices;
• Establish a reporting requirement that will help the City better understand evolving trends and more quickly address outdated zoning provisions, new regulatory best practices, and keep the public informed;
• Create a mechanism to ensure interagency cooperation to ensure successful implementation of this text amendment;
• Introduce a new finding for applications that require discretionary review such as Special Permits and authorizations, which requires an applicant to demonstrate that they have to the greatest extent feasible incorporated green building and landscape design features.

The above resolution passed by a vote of 33 in favor, 0 opposed, 2 abstaining.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2)      Once completed, the transfer is irrevocable;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHEREAS, The applicant, 400 Park Avenue South LLC, was granted a Special Permit on December 14, 2004 pursuant to Section 74-721(a) for the purpose of constructing a new building on a 73,587 square foot zoning lot located at 400 Park Avenue South on the southwest corner of 28th Street; and

WHEREAS, The Special Permit was renewed in 2008 for a second three-year term that is set to expire on December 15, 2011 but economic conditions and uncertainty since the grant and the renewal of the Special Permit has meant construction has not yet commenced; and

WHEREAS, The property consists of three vacant tax lots that currently contain a public parking lot; and

WHEREAS, The Special Permit permits the construction of a building with (a) 8-foot side yards between the proposed development and adjacent buildings, (b) windows (not required for light and air) opening on the southern side yard above the height of the adjacent building, and (c) modification of the sky exposure plane, all of these changes dictated by the architecture of the proposed development designed by architect Christian de Portzamparc; and

WHEREAS, The proposed building will have 417,544 square feet consisting of two stories of retail use, a residential lobby, and 342 residential apartments on floors 3 through 40, comprised of both market-rate rental apartments and condominiums; and

WHEREAS, The proposed building includes a new subway entrance at 28th Street and Park Avenue South; and

WHEREAS, The applicant has stated that the facts upon which the Special Permit was granted in 2004 and renewed in 2008 have not substantially changed; and

WHEREAS, The applicant has a prospective buyer for the development site that will not agree to purchase the Zoning Lot unless the term of the Special Permit is renewed and if sold, any purchaser would need a new Special Permit to construct a different building or else could construct an as-of-right building; and

WHEREAS, Community Board Five approved this application when it was first before the Board in September 2004 by a vote of 23 in favor, 1 opposed and 1 abstention and then approved it again for its first renewal in November 2008 by a vote of 29 in favor, 0 opposed, 1 abstaining; therefore be it

RESOLVED, That Community Board Five recommends approval of application of C04095ZSM for the renewal of a Special Permit pursuant to Section 11-43 for the purpose of constructing a new building on the zoning lot located at 400 Park Avenue South.

The above resolution passed passed the following resolution by a vote of 28 in favor, 2 opposed, 2 abstaining.

WHEREAS, The Broadhurst Theater, located at 235 West 44th Street in the Theater Subdistrict of the Special Midtown District, is a "listed theater," pursuant to Section 81-742(a) of the Zoning Resolution and qualifies as a "granting site" under Section 81-744 which specifies the transfer of development rights from listed theaters to qualified receiving sites; and

WHEREAS, AREP Fifty-Seventh LLC seeks a certification to become a "receiving site" and purchase and transfer 18,075 square feet of development rights from the Broadhurst Theater for the construction of a 108,441 square foot transient hotel with approximately 30 stories, with ground floor retail at 120 West 57th Street; and

WHEREAS, The exterior and interior of the Broadhurst Theater were designated as individual landmarks in 1987 and 1988, respectively, and has previously made one development rights transfer in 2007 to 131-139 West 45th Street, with a second currently pending to 120 West 41st Street; and

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

1)      The Broadhurst Theater must show how it has computed its available development rights and upon the transfer of 18,075 square feet of its unused development rights, will irrevocably reduce the development potential of that property by that amount;

2)      Once completed, the transfer is irrevocable;

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

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

5)      The Broadhurst Theater must: contribute $14.91 per square foot of transferred floor area, for a total of $269,498.25 to the Theater Subdistrict Fund and its grant program to further the goals of the Theater Subdistrict; provide a signed lease or a written commitment from its owner for occupancy of the theater and its operation as a legitimate theater for a period of not less than five years; provide to the Department of City Planning and Landmarks Preservation Commission a licensed engineer's and/or architect's report certifying the theater is physically and operationally sound so as to permit its use as a legitimate theater and were it not, it would have required a plan, program, and timetable to upgrade the theater to make it so; a legal commitment providing for the inspection and ongoing maintenance of the theater to ensure its continued availability for theater use; and a legal commitment for its continued use as a legitimate theater for the life of the related development at 120 West 57th Street; and

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

WHEREAS, While this project is contextual to the neighborhood, including two setbacks and a 20-foot rear yard, and although the building is not yet completely designed, it is expected to be a combination of glass and masonry, the community has several concerns with, and suggestions for the applicant, as well as for the administrators of the Theater Subdistrict Council, LDC which oversees the Theater Subdistrict Fund and as such, we strongly urge:

-- That the property owner strives to engage a top-quality hotel operator that will be attentive to the mixed-use character of this neighborhood, including heightened care given to how trash is managed and how noise from its public spaces is mitigated;

-- That before the building's design is completed, an effort be made to add sidewalk trees and other neighborhood amenities that contribute to the streetscape and quality of life;

-- That the Theater Subdistrict Fund, which has begun to make grants to New York performing arts organizations, as per its mission, where possible, to favorably consider grants of qualifying organizations in the area of the receiving sites; and

-- That the Theater Subdistrict Council, LDC, which is required to review the per square foot contribution rate every three to five years for appropriate increases, strives to do so at the three-year, instead of the five-year mark, which has been its practice; and therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a CPC certification pursuant to Zoning Resolution Section 81-744(a) to allow the transfer of 18,075 square feet of theater development rights from the Broadhurst Theater to a development site located at 120 West 57th Street.

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

WHEREAS, 249 W. 28th Street Properties, LLC has applied for an amendment of the Zoning Map to change the mid-block portion of two city blocks bounded by West 28th Street, West 30th Street, Seventh Avenue, and Eighth Avenue from an M1-5 (allows manufacturing and light industrial, commercial, hotel, and community facilities) to an M1-6D (allows mixed-use manufacturing and light industrial, commercial, hotel, contextual residential, and community facilities) zoning district; and

WHEREAS, If the rezoning is granted, the applicant is proposing to construct, as-of-right, two approximately 20-story, 210-foot mixed-use buildings located at 241-251 West 28th Street/240-250 West 29th Street, between Seventh and Eighth Avenues, in the proposed M1-6D zoning district, with approximately 407 market-rate and affordable residential units that are targeted to include 15% studio, 75% one-bedroom, and 10% two-bedroom units, translating to approximately 336,401 square feet of residential floor area, 4,685 square feet of retail floor area, and 11,390 square feet of office floor area, and further, the applicant intends to include 20% of the buildings' square footage as affordable housing; and

WHEREAS, The new buildings would be constructed on the street line on both West 28th and West 29th Streets, with a central courtyard above a one-story office building that will extend between the two residential towers, and retail use occupying 50% of the frontage on both streets; and

WHEREAS, This neighborhood is currently zoned M1-5 and does not permit new residential use, nor does it have requirements for street wall or maximum building height, a reflection of the area's history as a manufacturing and commercial district; and

WHEREAS, Over the past decades, this neighborhood, just south of Penn Station and north of The Fashion Institute of Technology and Penn South (a 2,820-unit residential complex), has evolved from being part of Manhattan's industrial heart into one notable for its Class B and C office space largely occupied by creative and media-related businesses, plus the remnants of the New York fur industry; and

WHEREAS, In addition to the rezoning application, 249 W. 28th Street Properties, LLC seeks a Special Permit to build a below grade attended public parking garage beneath the two proposed buildings, that will include 325 below grade vehicle spaces, 204 bicycle spaces for building residents, 33 bicycle spaces for public rental, and 16 reservoir spaces; and

WHEREAS, The proposed public parking garage will result in a reduction of 46 spaces due to the elimination of the above grade parking lots, owned by the applicant, that currently have 371 spaces; the proposed garage will be in operation 24-hours a day, with all parking done by attendants, and with an entrance and exit on West 28th Street and an exit on West 29th Street; and

WHEREAS, The applicant has completed and submitted an Environmental Assessment Statement which includes a finding that this proposed development, as well as other potential residential development in the new M1-6D district, would cumulatively add 4.93% and 2.56% to our already overcrowded public elementary and intermediate schools, respectively, disturbingly close to the 5% threshold for a significant adverse impact under the CEQR methodology.  As such, Community Board Five strongly urges that the Department of City Planning and the applicant in consultation with the School Construction Authority, the Department of Education, and local elected officials  work together to develop an approach to help address the inevitable overcrowding that will accompany the introduction of potentially 1,200 residential units; and  

WHEREAS, Community Board Five strongly endorses the development of mixed-use projects for the vitality and diversity they bring to our district and thus supports the applicant's plan to take maximum advantage of the M1-6D bulk regulations by adding retail and commercial space, and adding 20% on-site affordable housing under the Inclusionary Housing Program; and

WHEREAS, The applicant has invited suggestions for types of retail and commercial tenants, and in response to this invitation as well as observing other issues and conditions, Community Board Five makes these requests:

• That in designing and constructing the two mixed-use buildings the applicant make substantial effort to achieve a minimum of LEED Silver Certification from the U.S. Green Building Council;
• That tenants for the retail areas of the two buildings include services such as commercial play places for children and/or pet daycare and veterinarian services, services that are viewed by some current residents of the area as under-provided in the neighborhood;
• That because of the adjacency to Madison Square Garden and neighborhood clubs, we urge the applicant to construct the two buildings with noise-blocking glass, with an efficacy superior to the minimum required by the City, for those residential units facing W. 28th and W. 29th Streets;
• To explore ways to maintain an open green space on the roof of the commercial unit between the two buildings to which residents of the neighborhood can have access, such as by hosting neighborhood events or serving as a depot for a neighborhood Community Supported Agriculture (CSA);
• To work with Community Board Five on future developments that may be proposed elsewhere in CB5 as M1-6D projects so as to achieve the most successful and best practiced ways to bring residential and mixed-use investment into Midtown Manhattan's emerging neighborhoods.
  
  Therefore be it

RESOLVED, That Community Board Five approves of the application of 249 W 28th Street Properties, LLC for an amendment of the Zoning Map to change the mid-block portion of two city blocks bounded by West 28th Street, West 30th Street, Seventh Avenue, and Eighth Avenue from an M1-5 to an M1-6D zoning district, and for a Special Permit pursuant to Section 13-562 and Section 74-52 of the Zoning Resolution to allow a below grade attended public parking garage at 241-251 West 28th Street/240-250 West 29th Street.

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

WHEREAS, There are areas in New York City, including within Community Board Five, that were once important centers for manufacturing and light industry but due to changes in technology, economics, and demographic conditions, as well as zoning restrictions, have evolved into commercial areas for small and creative businesses while at the same time suffer from receiving little or no new investment, despite their desirable locations; and

WHEREAS, The Department of City Planning (DCP) is proposing to create a new M1-6D zoning district intended to preserve these existing concentrations of Class B and C office and light industrial spaces while also encouraging new investment by allowing residential and mixed-use development on currently under-built sites; and

WHEREAS, The first M1-6D district is proposed to be mapped with a private rezoning application for an area south of Penn Station, on the midblock portions of two blocks bounded by West 28th Street, Eighth Avenue, West 30th Street, and Seventh Avenue; and

WHEREAS, The proposed M1-6D zoning district would require that zoning lots that contain buildings with at least 50,000 square feet of non-residential use maintain the amount of commercial or light manufacturing space that existed on the zoning lot at the time of the referral of this application (April 25, 2011), whether by keeping an existing building in place or in new construction; and

WHEREAS, Residential use would be permitted as-of-right on zoning lots with less than 50,000 square feet of existing floor area, encouraging the development of parking lots and underutilized sites; and

WHEREAS, The proposed M1-6D district would allow a maximum FAR of 10 for community facilities, commercial and light manufacturing uses, and a maximum FAR for residential of 9.0 with an additional 3.0 FAR in exchange for the provision of 20% of the building's floor area as affordable housing as a part of the City's expanded Inclusionary Housing Program, the first such provision in CB5; for buildings with a mixture of residential and commercial/manufacturing floor area the maximum base FAR for a building with residential use would be 9.0 with an additional 0.25 FAR for each 1.0 FAR of non-residential floor area in the building, up to a maximum base FAR of 10.0; and

WHEREAS, The M1-6D zoning district will have height and setback regulations that recognize, and are contextual to, the large pre-war buildings that are typical in the areas that may be suitable for rezoning, including a maximum building height of 210 feet; to help guarantee a vibrant streetscape, a new development with 50 feet or more street frontage will be required to have 50% street front retail use, and for all permitted ground floor uses, transparent material must be used for at least 50% of the surface area; and 

WHEREAS, Despite the fact that certain neighborhoods could be well suited for hotel development, in order to encourage mixed-use in M1-6D zoning districts, until the residential goal for an area has been met, in this case, 865 residential units, hotels with more than 100 rooms would require a Special Permit, with hotels with fewer than 100 rooms allowed as-of-right; and

WHEREAS, Consistent with the limitation on hotel development, because the new M1-6D zoning district would permit the full-range of community facility uses, Community Board Five recommends that the Department of City Planning likewise monitor and evaluate how such uses could potentially interfere with the zoning change's stated goal of achieving mixed-use and diversity while protecting Class B and C office space, and

WHEREAS, Community Board Five strongly urges the Department of City Planning to lower the new M1-6D zoning lot minimums to 40,000 from 50,000 square feet to further protect existing commercial and light industrial uses and the businesses and jobs therein, because a notable portion of the existing buildings in areas suitable for M1-6D zoning are older and smaller and thus vulnerable to demolition; in the case of the first proposed M1-6D district, we endorse how the 50,000 square foot target would protect a concentrated portion of the area's commercial and industry use, saving 80% of the existing space, we ask that DCP reconsider the target by reducing it to 40,000 square feet, thereby protecting two additional buildings, comprising 27% of the remaining 20%; and  

WHEREAS, Because the creation of M1-6D districts will as much encourage residential development as it will protect commercial and light industrial space, it is inevitable that new M1-6D districts will create demand for, and add to, Manhattan's already overcrowded public schools; as such, Community Board Five strongly urges that the new criteria for schools analysis in the CEQR technical manual be carefully monitored in order to ensure that development does not further exacerbate the existing school overcrowding, and as each future M1-6D district is mapped the Department of City Planning  partner with the appropriate City agencies in particular the School Construction Authority and the Department of Education to address City service demands before residential units are added, not after; and

WHEREAS, In addition to school capacity, other City services will experience significant increases in demand and consumption from new residential development including vehicular traffic and sanitation, and as such, Community Board Five recommends that all new M1-6D residential buildings include off-street solutions for trash pick-up and loading; and

WHEREAS, Community Board Five does not believe the M1-6D district would be suitable to every area that has manufacturing and commercial use, including the Garment Center where substantial review is already underway to explore potential solutions and where residential use is not appropriate; however, Community Board Five believes that other manufacturing districts within CB5 might benefit from similar reevaluation once the efficacy of the M1-6D district has been evaluated; and

WHEREAS, Community Board Five acknowledges and is appreciative of how the Department of City Planning is attempting to address concerns we have had for many years pertaining to our District's loss of Class B and C office space and we further state our wish to work with the Department to investigate other neighborhoods and blocks within our Midtown district where an M1-6D zoning district can be an effective protection against the loss or threat of loss of Class B and Class C office space, while encouraging the development of residential units, including the opportunity for affordable housing, including but not limited to the neighborhood between W. 34th and W. 23rd Streets along Broadway, and we look forward to the opportunity to work with Department; therefore be it

RESOLVED, That Community Board Five approves the proposal by the Department of City Planning to create a new zoning district: M1-6D.

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

 WHEREAS, 1095 Avenue of the Americas is a commercial building originally constructed in 1969, located on the western block front of Sixth Avenue between 41^st and 42^nd Streets, and includes a 17,034 square foot through-block bonus Plaza between 41^st and 42^nd Streets; and

WHEREAS, In 2010 the City Planning Commission approved a Certification and a Modification of a Special Permit allowing the renovation of the Plaza, changes in grade, and the installation of new access ramps, tables, chairs, trees and water fountains, which application was unanimously approved by Community Board Five in February 2010 and is now substantially complete; and

WHEREAS, The Applicant proposes two new actions: 1) to demolish an existing five-story building (part of the zoning lot) located west of the Plaza at 142 West 42^nd Street and create a 13-foot setback resulting in an additional 1,283 square feet to the Plaza, and 2) relocate and enclose an existing subway entrance resulting in a loss of 1,036 square feet to the Plaza; and

WHEREAS, The proposed actions will increase the net area of the Plaza by about 240 square feet, which will still be in compliance with the public plaza requirements of Zoning Resolution Section 37-70; and

WHEREAS, The new subway entrance will be enclosed in the building, and will contain a wider staircase than the existing entrance and an elevator; and

Whereas, The Applicant proposes to add 310 square feet more plantings and 70 linear feet of additional seating to the plaza, including two new tables and eight new chairs; and

WHEREAS, The Plaza will remain open during the anticipated 12 months of construction; and

WHEREAS, The Applicant has installed signage previously requested by Community Board Five; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for certification from the Chairperson of the City Planning Commission pursuant to Zoning Resolution Section 37-625 for changes to an existing Plaza and modification of a Special Permit at 1095 Avenue of the Americas.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHEREAS, Tower 49 is a 44-story commercial building located on a through block lot between 48^th and 49^th Streets and Fifth and Madison Avenues; and

WHEREAS, In 1982 a building permit was issued on an as-of-right basis including bonus plazas and covered arcades facing both East 49^th and East 48^th Streets, increasing the allowable FAR from 12 to 13.  Upon discovery that neighboring buildings encroached on the plaza, a Special Permit was granted in 1984, reducing the size of the plaza and corresponding size of Tower 49 and requiring granite paving, lighting and creation of a pedestrian passageway through the building; and

WHEREAS, In 2004 the Applicant received a Chairperson's Certification to permit a café in the plaza fronting on East 48^th Street for (a) 3 years if improvements were made that included installation of 30 public chairs and 6 tables, trash receptacles, additional lighting and signage and the removal of a structure encroaching on the arcade, or (b) 1 year if the improvements were not made; and

WHEREAS, The Applicant (1) installed the tables and chairs but did not make the other improvements, (2) opened a café which operated for the summer of 2004, (3) was forced to suspend operation of the café and work on the improvements during 2005-2006 due to major construction on Tower 49, (4) was granted permission by the City Planning Commission to complete the improvements and operate the café through February 2007, and (5) having completed the improvements, was issued a three year renewal of the certification, which expired April 2010; and

WHEREAS, Although this is an application for a new three year permit, the Applicant, restaurant operator and improvements are the same as in prior years, and the Applicant has agreed to upgrade the quality of the public seating and install a stainless steel strip embedded in the granite pavers to delineate the café area from the public plaza and to prevent "café creep;" and

WHEREAS, The plaza is well maintained and the café is a popular amenity, and the representative of the Applicant agreed to meet the Committee's concern over lack of public rest facilities by asking his client to instruct the café staff to permit users of the public seating to have access to the café's bathrooms and the client has agreed to study this possibility; therefore be it

RESOLVED, That Community Board Five recommends approval of the application on behalf of Kato International LLC for a Chairperson's Certificate pursuant to Sections 37-624 and 37-73 of the Zoning Resolution for a permit for an open air café at 5-19 East 48th Street/8-18 East 49th Street.

The above resolution passed by a vote of 35 in favor, 0 opposed, 1 abstaining; and 1 Present Not Entitled to Vote.

WHEREAS, In 1978 a 36-story commercial office building, originally known as the AT&T Building, was constructed at 550 Madison Avenue, between East 55th and 56th Streets; it included a covered, arcaded pedestrian space and a 4-story annex; and

WHEREAS, The building, pedestrian space, and annex were originally constructed pursuant to a Special Permit under Sections 74-72 and 74-87 of the Zoning Resolution for height and setback modifications and a floor area bonus for providing a covered pedestrian space.  A second Special Permit was approved in 1984 that modified the covered pedestrian space and arcade regulations and as part of this agreement, the former owner of the building, AT&T, entered into a Declaration which among other things required the owner to operate, or cause to operate, a 3-level "science and/or communications exhibit space" on a portion of the top three levels of the Annex which they did, naming it AT&T Infoquest; and

WHEREAS, In 1991 Sony Corporation became the tenant of 550 Madison Avenue with options to purchase the property, which they did in 2001.  After becoming the long-term lessee, in 1992 Sony applied for and received approvals to enclose the pedestrian space, add 6,050 square feet of retail space with continuous frontage along Madison Avenue, and replace the AT&T Infoquest with Sony Wonder Technology Lab; and

WHEREAS, the Sony Wonder Technology Lab is an educational museum fully funded by Sony Corporation of America; and 

WHEREAS, the Restrictive Declaration specifies the hours of operation for Sony Wonder as Tuesday through Saturday, 10:00 am to 5:00 pm and on Sundays, 12 noon to 5:00 pm for a total of 40 hours, and further, it requires that Sony have at least 100,000 visitors per year; and

WHEREAS, Sony Corporation has applied to alter the Declaration to change the operating hours of Sony Wonder so to close completely on Sundays and extend the hours on Tuesday through Saturday to be 9:30 am to 5:30 pm, keeping the total hours still at 40 hours per week.  Sony Wonder states that this change will enable them to better serve the school and tour audiences while also giving the museum staff an additional day per week to repair and maintain the facility and its exhibits; and

WHEREAS, Sony Wonder management has said that changing the hours of operation will not result in layoffs or other changes in headcount and in terms of economic impact will be cost neutral; and

WHEREAS, In the years that Sony has owned and operated Sony Wonder it has made numerous improvements to the facility and its programming, including adding ADA- compliant restrooms, American Sign Language tours, new interactive exhibits, a high definition theatre, new signage, and new digital technologies and displays, and most recently, a $12 million upgrade in 2008; and

WHEREAS, In 2009 184,776 visitors came to Sony Wonder and although this included visitors of all ages, the museum primarily targets families and school children.  As such, Sony Wonder has developed a close and effective working relationship with the NYC Board of Education and does outreach with other educational entities which has resulted in a notable rise in group tours by children both during the school day and in after school programs; and

WHEREAS, Sony Wonder also markets to tourists and local residents using advertising and public relations and outreach to area hotel concierges.  On weekends the visitors to the museum are both local residents and foreign tourists, including families and adults and while the average number of visitors per hour is as much as 30% less on Sundays than during the week, there are no school or camp tours on Sundays which skews the traffic statistics; and

WHEREAS, It is believed that a different segment of the community, including families that cannot attend the museum on weekdays or Saturdays for religious or job reasons, only have Sunday as an option for attendance; and

WHEREAS, Sony Wonder is a highly popular and successful public amenity and with its free admittance, a particularly appealing option for community families, thus serving as ongoing compensation for the significant height and setback modifications, floor area bonuses, 6,060 square feet of retail space on prime Madison Avenue, and restrictions on the use of the pedestrian plaza, from which Sony Corporation continues to benefit; and

WHEREAS, While Community Board Five endorses the success Sony Wonder has had in becoming a popular and engaging amenity and teaching tool for New York City schoolchildren, it believes it should continue to do so without short-changing other segments of the community who want to benefit from the museum and can only do so on Sundays; therefore be it

RESOLVED, That Community Board Five recommends denial of the application of Sony Corporation of America to change the schedule of operation of the SONY Wonder Technology Lab, located at 550 Madison Avenue.

The above resolution passed by a vote of 30 in favor, 4 opposed, 1 abstaining; and 2 Present but Not Entitled to Vote.

WHEREAS, The Applicant's building is located at 1182 Broadway (the "Building") between 28^th and 29^th Streets, and has filed an application pursuant to Section 74-711 of the Zoning Resolution to modify the use of floors 6 through 16 of an existing 16-story building in the Madison Square North Historic District from commercial/manufacturing use to residential use; and

WHEREAS, The building is currently located in an M1-6 district that allows commercial and manufacturing uses, but not residential use; and

WHEREAS, The building was erected in 1910 and was purchased by the current owners in 1977; and

WHEREAS, From 1977 until 1997 the building was maintained and leased solely as commercial space in accordance with the building's zoning; and

WHEREAS, In 1997, floors 6 through 16 of the Building were converted to residential use in contravention of the Zoning Resolution; and

WHEREAS, In March 2010, DOB issued a vacate order because the Applicant informed City Planning that the building was occupied residentially and lacked a second means of egress and City Planning then informed DOB of same; and

WHEREAS, CB5 appreciates the efforts of the Applicant and its counsel for taking the appropriate steps to rectify a use in violation of the Zoning Resolution and encourages all landlords to voluntarily come forward to rectify known misapplications of the Zoning Resolution; and

WHEREAS, In order to approve a 74-711 change of use, the Applicant submitted a preservation plan for the building, and the Applicant received a Certificate of Appropriateness from the Landmark Preservation Commission, and

WHEREAS, CB5's objection to the project does not relate to the Applicant's preservation plan; and

WHEREAS, Although the Applicant stated that the 4,371 sq. ft. floor plates were too small for commercial uses, they currently have three commercial tenants, identified as a real estate firm, a trading firm, and a consulting firm, occupying parts of the bottom five floors; and

WHEREAS, CB5 believes that the building is suitable for commercial use because all floors have the same floor plates and therefore the higher floors can be used in the same manner as the lower floors; and

WHEREAS, Although the current economic downturn has affected the New York real estate market and reduced the demand for Class-B office space, CB5 is very concerned about the long term effects of the loss of Class-B office space in the district; and

WHEREAS, CB5 encourages the preservation of low cost office space for the development of small businesses and non-profits in order to maintain economic diversity in Manhattan's midtown commercial district; and

WHEREAS, Although CB5 recognizes that the proposed conversion will be mixed use, which CB5 generally finds is a positive contribution to street life and neighborhood viability, the overall project decreases the usable stock of Class-B office stock in the neighborhood, one that is historically commercial and adjacent to the commercial Flatiron and Garment Center neighborhoods; and

WHEREAS, Although CB5 agrees with the Applicant that the building could function well as a residential building because of the upper floor access to light and air, CB5 finds that preservation of commercial and manufacturing use in the neighborhood is a necessary use and more appropriate for the neighborhood; and

WHEREAS, CB5 is concerned with individual use changes and conversions in the neighborhood immediately north of Madison Square Park; and

WHEREAS, CB5 recognizes that the area immediately north of Madison Square Park is undergoing rapid changes with the opening of many new hotels and increased nightlife and street activity, and encourages the City Planning Commission to engage in a study of the neighborhood to determine if there is a need for any potential large-scale zoning changes; therefore be it

RESOLVED, That Community Board Five recommends denial of ULURP # 080361 ZSM, 1182 Broadway, application for a special permit pursuant to Section 74-711 of the ZR to modify the use provisions of Sections 15-021(c), 42-00 and 42-133(a) to allow residential use in floors 6 through 16 plus penthouse of an existing building located in an M1-6 zoning district in the Madison Square North Historic District in Manhattan.

The above resolution passed by a vote of 21 in favor, 16 opposed, 1 abstaining.

WHEREAS, The City Planning Department has examined each section of the Zoning Resolution which uses the terms "development" or "building" and has concluded that in order to clarify the meaning of the regulations consistent with their intent, it is necessary to amend these definitions; and

WHEREAS, Currently, vagueness in the definition of "development" means that the term can refer to either a single building, a single new or existing building or all buildings on a single zoning lot; and

WHEREAS, The new definition of "development" will only be applied to new buildings, the term "building" will mean only structure bounded by open areas or fire walls, and the term "zoning lot" will refer to all buildings on a single zoning lot; and

WHEREAS, The new text amendment will also clarify height and setback rules, retail continuity, and demolition/alterations; and

WHEREAS, The new definitions are being created to provide clarity for the property owners, the public, the Department of Buildings and developers; therefore be it

RESOLVED, That CB5 recommends approval of the key term text amendment from the Department of City Planning.

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

WHEREAS, The garage is located on 885 6^th Avenue, bounded by 32^nd St, 6 Avenue, West 31^st St and 7^th Ave; and

WHEREAS, The applicant seeks a special permit for a parking garage for a total of 201 spaces, which will include 80 monthly parking spaces and 121 transient spaces; and

WHEREAS, Entrance to the garage would be on 31^st Street, which would replace a parking lot that existed in this location prior to the development of a new building; and

WHEREAS, There is a lack of parking in this neighborhood, further exacerbated by a 20% decrease in the area's parking spaces since 1995 resulting from the development of new buildings on former parking lot locations; and

WHEREAS, There are few on-street parking locations to accommodate the ever increasing parking demand around 32^nd Street; and

WHEREAS, The developer has agreed to provide free storage space to the 34^th St. Partnership, provide 48 bicycle parking spaces (two times the required amount under the current zoning resolution); and

WHEREAS, The developer has agreed to give a right of first refusal to all building residents for parking spaces before offering spaces to the public; and

WHEREAS, The developer has agreed to allow space for zipcars or other similar car-share services and the car-share spaces will come out of the 120 transient parking spaces; and

WHEREAS, Although Community Board Five has concerns over the traffic problems in mid-town, the project will provide a net benefit to the community; therefore be it

RESOLVED, That Community Board Five recommends approval the application for a special permit by Tower 111 Garage for a 201-space parking garage pursuant to Section 13-562 and 74-52 of the Zoning Resolution.

The above resolution passed by a vote of 25 in favor, 0 opposed, 1 abstaining.

WHEREAS, 1700 Broadway (the "Plaza") includes a public plaza located on the block bounded by West 53^rd Street, Broadway, West 54^th Street and Seventh Avenue; and

WHEREAS, The Plaza was constructed in 1970 and is not compliant with the current zoning laws; and

WHEREAS, The Plaza will be upgraded with new public amenities that include: moveable furniture, including 17 tables and 51 chairs; fixed seating, including 77 feet of fixed benches, 44 feet of fixed seating pods; and additional planters and 17 trees; and

WHEREAS, The proposal re-establishes an outdoor café which enlivens the plaza; and

WHEREAS, The modification includes significant improvements to the outdoor space; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for certification of the design modification to 1700 Broadway pursuant to ZR §37-625 to upgrade the design of an existing public plaza and permission to modify the special permit pursuant to ZR §37-73 to permit an open air café.

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

WHEREAS, This is an application for a variance from the Board of Standards and Appeals (the "BSA") to permit the development of a mixed-use (residential/commercial) building at 140-144 West 28^th Street (the "New Building"), located between Sixth and Seventh Avenues; and

WHEREAS, The site is currently occupied by a parking lot, and without a variance the developer may not build a mixed use residential/commercial building, but is permitted to build a hotel or an office building; and

WHEREAS, The developer proposes to construct a 29-story building, containing 196 residential units (a portion of which will be developed as affordable housing units under the 80-20 financing program); and

WHEREAS, The New Building will consist of 179,498 sf of residential space and have 7,501 sf of commercial space, and the developer will set aside approximately 12,000 sf (2,050 sf on the ground floor; 2,483 sf on the second floor; and 7,493 sf in the basement, which the BSA does not consider part of the zoned square footage) for retail/commercial flower usage; and

WHEREAS, The developer also owns the seven story residential building (the "Existing Building") adjacent to the development site at 146-148 West 28^th Street, which is currently leased to two flower related tenants and multiple loft residents and will be upgraded and maintained; and

WHEREAS, In order to receive a variance, the BSA must make the follow findings:

(i)                  a unique physical condition inherent at the location;

(ii)                the developer cannot receive a reasonable return by following the existing zoning;

(iii)               the variance, if granted, will not alter the essential character of the neighborhood;

(iv)              the hardship is not self created; and 

(v)                the variance is the minimum necessary to afford relief to the application; and

WHEREAS, The developer has demonstrated that the site has unique physical conditions which create a economic hardship, such as soft soil, an underwater stream and deep bedrock (47 feet below ground level), which will increase construction costs by $12 million; and

WHEREAS, The developer presented a thorough economic analysis performed in accordance with the BSA guidelines which show that there would be negative returns from office or hotel use and reasonable returns for a residential building; and

WHEREAS, The New Building will not alter the character of the neighborhood, which includes several new high-rise hotel buildings, loft residential buildings, commercial and retail spaces on 28^th street and in the surrounding blocks; and

WHEREAS, The New Building will be 50,000 sf smaller than the permitted zoned floor area; and

WHEREAS, 28^th Street is part of New York's flower district, and the Community Board strongly supports the continued existence of the flower industry and flower district; and

WHEREAS, The developer has made concessions in order to respond to the community concerns, and has agreed to include in the variance application that the developer and future building owner(s) and/or successors shall: 

1. enter into leases with flower tenants only in the retail/commercial space in the existing building and in the allotted space in the new building as follows: 2,050 sf on the ground floor; 2,483 sf on the second floor; and 7,493 sf in the basement;
2. allow current residential tenants of the Existing Building to have access to any new amenities included in the New Building;
3. establish a point person for all Community Board and other neighborhood questions and comments to contact during construction phase (this person will be appointed at the start of construction);
4. meet regularly before and during construction with a small committee made up of a Community Board representative, a flower association representative, representatives of relevant City agencies and community members to alleviate (as much as possible) the burden of construction on the surrounding community;

WHEREAS, Community Board Five urges the BSA to include the following restrictions in the variance, to which the developer has agreed:

1. New leases and subsequent renewals for the retail/commercial space in the New Building and the Existing building shall be subject to approval for allowable flower use by a committee comprised of the flower association and a designated Community Board 5 representative;
2. The developer shall submit all new leases of the existing building and space outlined in (i) above to the committee for review and approval. Approval shall not be unreasonably withheld and will only evaluate whether the tenant is conducting business as an allowable commercial use in the retail or wholesale flower business; and
3. Landlord can petition the BSA for relief if market conditions have materially changed such that the requirement for a flower tenant is no longer practical; therefore be it

RESOLVED, That Community Board Five recommends approval of BSA 236-09BZ, 140-144 West 28th Street, application to permit the development of a mixed-use (residential/commercial) building within an M1-6 (high density) zoning district.

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

WHEREAS, The Department of City Planning is proposing a citywide zoning text amendment to the Zoning Resolution which will create regulations to allow car share vehicles to park in off-street accessory garages and lots and in public parking facilities in all zoning districts; and

WHEREAS, The current zoning resolution has clear rules governing automobiles in accessory parking facilities, and for car rental establishments, but no clear guidelines for car sharing; and

WHEREAS, Car sharing is a use that is more appropriately characterized as somewhere in between private automobile and traditional car rental, and the purpose of the text amendment is to alleviate any ambiguity about whether car sharing vehicles are permissible in public parking garages and to establish clear and appropriate guidelines for such facilities; and

WHEREAS, In medium and high density residential areas, car share cars will be allowed to park in up to 20%, or 5 spaces, of such facilities, whichever is higher; and

WHEREAS, Individual accessory and public parking garages will have the ability to choose whether they want to allow car sharing; and

WHEREAS, Availability of car shares can provide New Yorkers a wider range of economical transportation choices and might encourage some New Yorkers to share, rather than own, cars, creating a healthier environment; therefore, be it

RESOLVED, That Community Board Five recommends approval of the proposed car share zoning text amendment to permit car share vehicles to park in off-street accessory and public parking garages.

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

WHEREAS, In the1990's the late Senator Daniel Patrick Moynihan proposed creating a new Pennsylvania Station in the James A. Farley Post Office Building on 8th Avenue between 31st and 33rd Streets ("Farley") in an effort to improve our city and regional transportation capacity and recreate the proud grandeur of the original Pennsylvania Station that was torn down in 1964; and

WHEREAS, The Empire State Development Corporation ("ESDC") created the Moynihan Station Development Corporation ("MSDC") to plan, design and finance this new station and since 2007 has owned the Farley Complex; and

WHEREAS, Efforts have been made since the 1990's to get this project underway, including a 2006 Environmental Assessment ("EA") by the United States Postal Service and Federal Railroad Administration and a Final Environmental Impact Statement ("FEIS") prepared by the ESDC for a project that would include a train station plus hotel, retail, and commercial development; and

WHEREAS, In 2007 a proposal was made for extensive changes to Farley and the surrounding area, including the relocation of Madison Square Garden to the west end of Farley, substantial retail development within Farley, the construction of two office towers using existing air rights and a new Pennsylvania Station Subdistrict allocating development rights throughout the adjacent area; this proposal was abandoned when the owners of Madison Square Garden elected not to move and private funding for other portions of the proposal was not available; and

WHEREAS, In November 2007 Community Board Five passed a resolution that detailed its concerns and reservations for this previous proposal; and

WHEREAS, Despite the current fiscal and economic climate, new plans are underway to redevelop the Farley Complex into a transportation hub with upgraded train infrastructure, a new train hall, and extensive commercial development that will finance the cost of a new Moynihan Station; and

WHEREAS, These plans have been divided into two phases; Phase I will cost $267 million, fully financed with Federal, State, NY/NJ Port Authority and MTA funding, taking place mostly within the train shed; this Phase I will focus on mobility and infrastructure improvements to help turn the Farley Complex into a functioning train station and will immediately improve the already overcrowded conditions at Pennsylvania Station, providing benefits whether or not Phase II is ever undertaken; this work will include doubling the width and length of the West End Concourse, adding 19 new vertical access points to connect the train platforms to the West End Concourse, the subway and the street, and adding emergency platform ventilation for the train shed area west of 8th Avenue; and

WHEREAS, Phase I work will also convert grade-level windows located at the building's 8th Avenue corners at 31st and 33rd Streets into pedestrian access doors, the only building exterior work to be done in Phase I; in doing this work, the MSDC is working with the New York State Historic Preservation Office ("SHPO") and although it is not mandated to do so, has consulted with New York City's Landmarks Preservation Commission and has made a commitment to strive to have minimal impact on the building's façade; and

WHEREAS, While it is still preliminary, Phase II is anticipated to include a glass-roofed train hall, concourses to facilitate commuter, Amtrak and other visitor traffic, create 100,000 square feet of space for use by Amtrak, 200,000 square feet of public space, protect the façade and monumental steps of the landmarked McKim, Mead & White Farley Building, and make other improvements; and

WHEREAS, The Post Office will retain its retail operations in the historic lobby at the head of the monumental steps on 8th Avenue; and

WHEREAS, Phase I, which includes the commitment of Amtrak to be Moynihan Station's prime tenant, will take five years to complete because most work must be done at night and on weekends so to not disrupt train operations, and

WHEREAS, While Phase II is not yet funded, it is expected that development opportunities at the Farley Building will improve as the region's economy recovers, plus proceeds from the sale of development rights will make it possible to begin Phase II before Phase I is completed; and 

WHEREAS, Community Board Five notes that Phase I does not include the sale of any air rights for new development except that MSDC may do so to meet any financial shortfalls in its funding, and that Phase II will likely include extensive sale of air rights, and requests (a) that any sale of air rights undertaken as part of Phase I include prior notification of Community Board Five, and (b) any sale of air rights undertaken as part of Phase II and any new development associated with it involve the voluntary participation of MSDC and ESDC in New York City's Uniform Land Use Review Procedure ("ULURP") (even though ESDC's and MSDC's government authority does not require them to do so ) to ensure complete community input to this milestone project.  But should they choose not to participate in ULURP, the Board asks that the ESDC and MSDC use other mechanisms to continue to give the community access and input to what will be a multi-year development effort; and

WHEREAS, Community Board Five asks the MSDC make every possible effort to mitigate the impact of Phase I and Phase II's construction on the neighborhood's already intensely stressed vehicular and pedestrian traffic; and

WHEREAS, Community Board Five requests that as Phase I is implemented and Phase II is planned, that efforts be made to have ADA-compliant access at every entrance to Moynihan Station as well as transfer points between the Station and other transit; and

WHEREAS, Community Board Five asks that if any changes are planned for the façade of the Farley Building or should any other landmark issues arise either in Phase I or Phase II that the MSDC return and review these changes with Community Board Five prior to finalizing them; and

WHEREAS, Community Board Five recommends that New Jersey Transit, which at one point was to be the main tenant at Moynihan Station, and whose passengers will receive increased ease of use and numerous other benefits and amenities, and moreover will be adding significant pedestrian and transit traffic to the Station and the area overall after the completion of its ARC (Access to the Region's Core) Project, be required to contribute funds to this regional transit project as a condition for having access, and in an amount that is commensurate with its likely benefits; and

WHEREAS, Community Board Five supports the current proposal for Moynihan Station as a way to achieve what Senator Patrick Moynihan envisioned -- a world class train station and transportation center for the 21st Century that also preserves New York's past through astute and protected use of a treasured landmarked and iconic building; therefore be it

RESOLVED, Community Board Five supports the Amended General Project Plan for Phase I of Moynihan Station Civic and Land Use Improvement Project.

The above resolution passed by a vote of 33 in favor, 0 opposed, 1 abstaining, 1 not entitled to vote.

WHEREAS, 401 Commercial LP and 401 Hotel REIT LLC propose to redevelop the current site of the Hotel Pennsylvania with a new 67-story, approximately 1,190 to 1,216-foot tall commercial office building to be known as 15 Penn Plaza; and

WHEREAS, The development site is currently occupied by the 1,700 room Hotel Pennsylvania which was designed by McKim, Mead & White which Community Board Five has previously recommended for landmark designation but the New York Landmark Preservation Commission recently determined that the Hotel did not meet their criteria for designation; and

WHEREAS, The applicants are proposing two optional development scenarios for the site in order to have flexibility to respond to future market conditions: 

1) An office building for a single financial industry tenant with five floors of approximately 340,000 sq. ft. of trading floor use, plus approximately 18,000 sq. ft. of retail use, 509,000 sq. ft. of amenity, lobby, service and loading area space, 418,000 sq. ft. of mechanical space, and 1.53 million sq. ft. of office space for a total of 2.83 million gross sq. ft.; or

2) A slightly smaller office building for multiple tenants that would include approximately 1.89 million sq. ft. of commercial office use, 361,711 sq. ft. of retail space, 307,180 sq. ft. of mechanical space, and 97,131 sq. ft. of amenity, lobby, and service and loading area space for a total of 2.66 million gross sq. ft.; and

WHEREAS, The applicants do not yet have a tenant for the single-tenant scenario; and

WHEREAS, Both scenarios would potentially include 100 below-grade accessory parking spaces, widened sidewalks, various options for truck deliveries and pickups in response to the area's intensely busy traffic, and trees planted on 32nd Street; and

WHEREAS, The single tenant proposal includes a block through loading area and the multi-tenant proposal only includes a single-entry loading dock and neither proposal includes adequate measures to mitigate the small truck and black car traffic that will be generated at this site, and

WHEREAS, The design proposals for both development scenarios are by Pelli Clarke Pelli Architects and currently propose to incorporate green construction materials and systems with the goal to achieve or exceed LEED Silver certification; and

WHEREAS, The development site is located partly within a C6-6 zoning district and partly within a C6-4.5 zoning district that has a lower FAR requirement; it is also partially located within the Penn Center Subdistrict of the Special Midtown District; and

WHEREAS, current zoning would permit approximately 1.15 million square feet of floor space on the building lot and in order to build either scenario -- a single tenant at 2.83 million square feet or multiple tenants at 2.66 million square feet -- the applicants would move 245,542 square feet from the adjacent site through a zoning lot merger with the parcel they also own on 6^th Avenue that is currently the location of Manhattan Mall.  For additional floor area, the applicants are seeking to:

• By obtaining Zoning Map and Zoning Text Amendments, add 266,625 square feet from an upzoning from a C6-4.5, which permits 12 FAR, to a C6-6, which permits 15 FAR; and
• Obtain a Special Permit (ZR 81-541 and 74-634) that would give the project an additional 20 percent of additional floor area, adding 474,000 square feet in exchange for making various improvements to mass transit facilities at, or adjacent to, the development site; and

WHEREAS, The applicants must also obtain:

• Special permit (ZR 81-066 and 81-254) to modify the height and setback regulations of the Special Midtown District;
• Special permit (ZR 81-066) to modify the Mandatory District Plan elements pertaining to pedestrian circulation space, street wall continuity, retail continuity and major building entrances; and

• A Zoning text amendment to define the administrative process for obtaining approvals from the multiple transit operating entities in and around Penn station, and to provide that any bonus floor area for completed rail mass transit improvement that is not utilized in a development is vested and available for use elsewhere on the zoning lot;

WHEREAS, The development site shares its block with the 11-story Manhattan Mall and under both development scenarios, the development site and the Mall site will be merged into a single zoning lot and thus any approvals granted to this development proposal would apply to the merged zoning lot; and

WHEREAS, All the entities -- 401 Commercial LP, 401 Hotel REIT LLC and the Manhattan Mall site -- are controlled by Vornado Realty Trust which also controls 11 buildings and 8 million square feet in the area; and

WHEREAS, If the C6-4.5 to C6-6 upzoning is granted to this development proposal and if for any reason the applicants do not proceed with either of the proposed tenant scenarios, by dint of having merged the development site with the adjacent Manhattan Mall site, the upzoning FAR increase can be used for any future development that may take place on the merged lot; and

WHEREAS, As currently proposed, the project would take approximately 4 1/2 years to construct but no timetable has been set for construction to begin, absent confirmation as to which development scenario will be chosen; however any upzoning granted under this ULURP application would remain permanently in effect; and

WHEREAS, The applicant is requesting a 20 percent transit bonus in exchange for relocating and upgrading the existing subway entrances on West 32nd and West 33d Streets, adding a new street elevator at Seventh Avenue and 32nd Street, relocate two subway entrances at the Manhattan Mall site, add a new stairway from the mezzanine level to the IRT express train platform  and making other transit improvements either to mitigate the impact of this development, accommodate the new workers coming to the new office tower, or to provide improvements and alternatives to help meet the significant demands on the existing transit infrastructure from the millions of MTA-NYCT, Port Authority Trans Hudson (PATH), Port Authority of New York and New Jersey, and Amtrak passengers and other residents, commuters and visitors who travel through this area daily; and

WHEREAS, With the granting of an easement to permit its widening, the applicants would renovate, including new public access to Manhattan Mall retail tenants, and reopen the pedestrian passageway, often referred to as the Gimbel's Passageway, under the south side of 33rd Street along the length of the merged zoning lot/development site, originally built by the former Gimbel's Department Store; and

WHEREAS, The passageway would be accessed by a stairway from the mezzanine level of the IRT station under 7^th Avenue or stairways from the street level and be only 16 feet wide and would likely only be used to avoid bad weather rather than a attractive new way to move from Herald Square to Pennsylvania Station; and

WHEREAS, New subway entrances on 7^th Avenue would be required by an as-of-right development and new subway entrances would also be required for any future development on the 6^th Avenue site, and

WHEREAS, In the already densely developed area surrounding Penn Station there are several locations where the Zoning Map pointedly designates lower FAR, one of which is at this development project site; Community Board Five is concerned that the upzoning requested in this application would not only violate the intention of the Zoning Map and burden the area with excessive density but also set a troubling precedent and tipping point for future development in the area; and

WHEREAS, The impact of the development of nearby Moynihan Station on the density of the surrounding area, including the sale of Farley Building commercial development rights, is not yet known but could be significant as well as concurrent with the building of 15 Penn Plaza; thus any upzoning at this development site is not only premature given the area's redevelopment future but also a threat to the area's environmental quality while producing no redeeming benefits to the community; and

WHEREAS, The only rationale offered for upzoning the mid-portion of this lot is that the developer would like the option of developing more office space and the Board does not believe this is a sound basis for making decisions on what the permitted density for an area should be; and

WHEREAS, Some of the proposed transit improvements for which the applicants would receive a 20 percent development bonus resemble  repairs and maintenance associated with the applicants' own project and to their own benefit rather than added-value improvements meriting the bonus; and

WHEREAS, The biggest infrastructure problem in this area is the severe overcrowding of the sidewalks and, in particular, the entrance to Pennsylvania Station on 7^th Avenue directly across the street from the development site, and

WHEREAS, The development of this site will be directly tied to Pennsylvania Station through a small entryway to the mezzanine under the 7^th Avenue IRT and the applicant is proposing a much needed additional stairway from the mezzanine to the express train platform; and

WHEREAS, The development of such a large building on this site presents an opportunity for an additional major entrance to Pennsylvania Station which could lead directly to a single-level passageway to Herald Square and thus greatly improve accessibility to the station from the east and ease some of the existing overcrowding and additional traffic that will be generated by this and other planned developments in the area; and

WHEREAS, Community Board Five requests that additional improvements be made to mitigate the environmental impacts of this development such as better systems for truck deliveries, trash pick-up, tree plantings, public space, and other streetscape amenities, including, as a starting point, a block-through loading dock for any proposal; and

WHEREAS, By proposing what would be the third tallest building in New York City and a major addition to the city's skyline, Community Board Five is disappointed that the proposed building/s designs are bulky, uninspired, massive, and fail to seize this opportunity to add beauty and distinction to the New York City skyline and streetscape; and

WHEREAS, By building such an enormous building in this location the applicants will place significant burdens on the neighborhood's traffic, noise, infrastructure, air quality and other quality of life conditions and therefore the transit bonus and upzoning are only justifiable if there are also equally significant improvements to the transit infrastructure in the area, as well as to the community's ability to seek relief from any exceptional increase in density including but not limited to green space, arts facilities, and other public amenities; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a Zoning Map Amendment and various Zoning Text Amendments, Special Permit for a Floor Area Bonus, Special Permit to Modify Height and Setback, and Acquisition of Easements to permit the development and construction of a new 2,052,667 office building on the current site of the Hotel Pennsylvania on Seventh Avenue between 32nd and 33rd Streets.

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

WHEREAS, 1095 Sixth Avenue ("the Plaza") is a 15,095 sf through block public plaza located 150.5 feet west of Sixth Avenue between West 41^st and West 42^nd Streets; and

WHEREAS, The original Plaza was constructed in 1969 and was compliant with the then-existing zoning laws, but is now making changes to bring the Plaza into substantial compliance with the current zoning text; and

WHEREAS, The Plaza was originally of little value to the surrounding neighborhood as it consisted of limited seating around the building and no other amenities; and

WHEREAS, The new public amenities include: larger handicap ramps for access for the disabled, two (2) new water fountains, a bike rack, 18 new trees, 530 linear feet of bench seating, and 92 new movable seats and 25 moveable tables; and

WHEREAS, There will be a substantial additional of greenery.  There will be 18 new trees, which is 50% more than the zoning text requires for the Plaza and additional new shrubbery and flowers.  Furthermore, climbing Hydrangeas will be located on vertical columns adjacent to a small building on the Plaza that will provide a green front to the brick wall on the Plaza; and

WHEREAS, While 72% of the original plaza was two or more feet above grade, structural changes are altering the Plaza grade so that in the future only 60% of the Plaza will be two or more feet above grade.  This will bring the plaza into further compliance with the zoning text that requires 80% of plazas to be less than two feet above grade; and

WHEREAS, The applicant agreed to amend the planned new signage in the Plaza to provide directions to the nearest public rest room facilities; and

WHEREAS, The application also asks for minor modifications to amend the Original Special Permit.  The modification includes removing a subway access point that is no longer used by the MTA. However, there is still one public subway access point on the applicants property; and

WHEREAS, The modification included significant improvements to the remaining outdoor space, and bring substantial compliance to the zoning text; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for certification of the design modification to 1095 Avenue of Americas pursuant to ZR §37-625 and permission to modify the special permit pursuant to ZR §74-72.

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

WHEREAS, 1 Penn Plaza ("the plaza") is located in a single zoning lot on the block bounded by Seventh Avenue, West 33^rd Street, Eighth Avenue and West 34^th Street, was built in 1972 and contains a 50,095 sf as-of-right plaza in 16 separate sections; and

WHEREAS, The Plaza was built before the enactment of the extensive rules regulating urban plazas in the zoning resolution; and

WHEREAS, This application is for the western section of the plaza (the "West Plaza") of approximately 20,000 sf which is of varying depths fronting on parts of West 33^rd Street and West 34^th Street and a largely through block open space between the west end of 1 Penn Plaza and a one story buildings at Eighth Avenue; and 

WHEREAS, Currently the only amenities in the West Plaza are curved benches without backs and an inoperable fountain, which is now used as a planter.  These amenities were introduced in the mid 1990s as part of a planned request for a nighttime closing, which was not ultimately pursued; and

WHEREAS, The West Plaza is substantially above grade on both the 33^rd and 34^th street sides, and the surface of the plaza is the roof of a garage located below the West Plaza; and

WHEREAS, The West Plaza is currently underutilized because of its few amenities and as a result is of little value to the surrounding neighborhood; and

WHEREAS, The applicant proposes three new outdoor food kiosks for the public and new a outdoor cafe with 160 seats run by Café Luggo, the restaurant that currently operates in the building adjacent to the plaza; and

WHEREAS, The outdoor cafe will cover approximately 3,000 sf, far less than the 20% allowed for in the zoning text; and

WHEREAS, In addition, there will be 96 new moveable chairs and 25 tables for the public, and an additional 168 linear feet of benches for public use.  These amenities (tables and chairs) are for the public to freely use and do not require a purchase from the proposed outdoor café or food kiosk; and

WHEREAS, There will be additional of greenery (new tress and planting), new signage, bicycle rack, and new lighting; and

WHEREAS, Although the West Plaza is limited in its ability to have new trees because the floor is not the ground, but the roof of a garage, the operator made a commitment to the committee to plant seasonal flowers to supplant their planned new trees; and

WHEREAS, There will be a new sculpture which will serve as public art, which can also be used as additional seating for the public; and

WHEREAS, The modification includes significant improvements to the remaining outdoor space; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for certification of the design modification to 1 Penn Plaza pursuant to ZR §37-625 and permission to operate an open air cafe pursuant to ZR §37-73.

The above resolution passed by a vote of 41 in favor, 0 opposed, 1 abstaining.

WHEREAS, The parking garage is located on the north side of West 48^th street between Seventh Avenue and Avenue of the Americas in the northeast part of the Theater District; and

WHEREAS, The garage will increase capacity by seven spaces (from 213 to 220) with several existing spaces on the roof of the garage; and

WHEREAS, The garage provides parking for the Theater District and offices in a heavily trafficked neighborhood; and

WHEREAS, The applicant will create 23 new bicycle parking spaces for the garage; and

WHEREAS, Pursuant to the existing Certificate of Occupancy, the garage is permitted to be used primarily for the owners, occupants, customers and residents or visitors of 1185 Avenue of the Americas as the principal use and secondarily used for transient parking; and

WHEREAS, The zoning change will legalize the existing use of primarily transient parking; therefore be it

RESOLVED, That Community Board Five urges the Department of City Planning to approve the request by a public parking garage located at 159 West 48^th Street to convert an existing accessory parking garage to become a public parking garage.

The above resolution passed by a vote of 32 in favor, 0 opposed, 2 abstaining.

WHEREAS, The goals of the text amendment is to introduce new curb cut rules to preserve streetscape character and on-street parking spaces and to add streetscape character and pedestrian movement findings for curb cut authorization in Manhattan Community Districts 1 - 8; and

WHEREAS, The zoning text amendment only affects Union Square/Irving Plaza, East 36^th-39^th between Park and Madison, and designated Midtown streets; and

WHEREAS, The new zoning text amendment will prohibit curb cuts for buildings less than 40 feet wide in certain zoning districts; and

WHEREAS, The text amendment will require that zoning lots must maintain 34 feet of uninterrupted curb space; and

WHEREAS, Too many curb cuts results in unattractive streetscapes, loss of on-street parking, and potential conflicts between vehicles and pedestrians; therefore be it

RESOLVED, That Community Board 5 urges the passage of a new zoning text amendment to regulate new curb cuts.

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

WHEREAS, Grace Plaza was constructed in 1969-71 in connection with the Development of the Grace Building, a 47-story office building located on a through block site with frontage on West 42nd and 43rd Streets; and

WHEREAS, Grace Plaza was developed as a 20,000 sq ft bonus plaza under the then existing 1961 zoning regulations with few public amenities and limited signage; and

WHEREAS, The bonus plaza was originally of little value to the surrounding neighborhood as it consisted of limited seating around the building and no other amenities; and

WHEREAS, There will be an increase in public seating from 112 seats (224 linear feet) to 422 seats (845 linear feet), which includes 142 moveable chairs and 32 tables in additional to fixed benches; and

WHEREAS, There will be new outdoor food pavilion being built as of right, and new a outdoor cafe with 102 seats, which will be open as public seating when the restaurant is not in use.  The outdoor cafe will cover far less than the 20% of the plaza as allowed for in the zoning text; and 

WHEREAS, There will be additional of greenery (new tress and planting), new signage, bicycle rack, public water fountain, and new lighting; and

WHEREAS, The International Center of Photography ("ICP") is a long term tenant of Grace Plaza, and Brookfield Properties pledged to consult ICP regularly during all future phases of the modification, and meet with ICP on a weekly basis during the construction phase to assure the public's continued access to ICP; and

WHEREAS, The modification included significant improvements to the remaining outdoor space; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for certification of the design modification to the existing bonus plaza at 1114 6th Avenue pursuant to ZR §37-625 and permission to operate an open air cafe pursuant to ZR §37-73.

The above resolution passed by a vote of 35 in favor, 0 opposed, 1 abstaining, 2 present not entitled to vote.

WHEREAS, Central Synagogue has applied for a variance from the Board of Standards and Appeals pursuant to §§ 33-12, 81-211, and 33-432 of the Zoning Resolution to permit the expansion of an existing nine story community facility that requires floor area and height and setback waivers; and,

WHEREAS, The proposed enlargement is a two-story, 7,129.62 sf expansion (the existing structure is 46, 216 sf) of the community house located on 123 East 55th Street (between Park and Lexington Avenues); and,

WHEREAS, The surrounding neighborhood is composed of mixed residential and commercial uses, and the specific block has a mix of high-rises and  nineteenth century row houses all with commercial uses; and,

WHEREAS, Educational and religious services conducted by Central Synagogue are  beneficial to the public welfare and, under New York law, are therefore entitled to a preferred status under local zoning laws; and,

WHEREAS, The proposed enlargement is needed to meet the Synagogue’s current programmatic needs, including interfaith meetings, school classes, and continuing adult education; and,

WHEREAS, 2,000 families are members of Central Synagogue with many residing within Community Board Five; and

WHEREAS, The Synagogue’s senior rabbi has indicated that the Synagogue’s current limit on the number of families would be continued and, accordingly, any further expansion of the community facility would not be required; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by the Central Synagogue at 123 East 55th Street requesting a variance for floor area and height setback waivers for an expansion of an existing non-complying community facility building.

The above resolution passed by a vote of 31 in favor, 0 opposed, 2 abstaining, 3 present but not entitled to vote.

WHEREAS, The owner of a public parking garage located on the northeast corner of 33rd street and Lexington Avenue seeks an extension of the terms of a Variance previously granted by the Board of Standards and Appeals; and

WHEREAS, The BSA has the authority to prescribe appropriate conditions and safeguards in order to minimize adverse effects the existing use may have on the character of the surrounding neighborhood; and

WHEREAS, the garage will maintain its existing capacity of 125 car parking spaces; and

WHEREAS, The CB-5 supported a new zoning text amendments which requires new public parking garages to provide one bicycle parking space for each ten car parking spaces and supports extending that requirement to public parking garages seeking extensions or renewals of Variances or Special Permits; and

WHEREAS, Providing new bicycle parking would encourage people to ride bicycles to work in the area, thus minimizing any adverse effects of the existing garage operation and the increased allowable parking requested by the applicant; and

WHEREAS, The applicant has voluntarily agreed to create thirteen (13) bicycle spaces in the garage; therefore be it

RESOLVED, That Community Board Five urges the BSA to approve the request by a public parking garage located on the northeast corner of Lexington Avenue and 33rd Street for an extension of the variance, with the inclusion of thirteen (13) bicycle spaces.

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

WHEREAS, 1350 Sixth Avenue is a commercial building built in 1966 at the southeast corner of Sixth Avenue and 55th Street, and was constructed with a plaza of approximately 5,142 square feet along Sixth Avenue and 55th Streets which currently contains a popular “LOVE” sculpture; and

WHEREAS, The easternmost portion of the plaza facing 55th Street is occupied by an open air café operating as Bistro Milano, comprised of 24 tables with 48 seats, three umbrellas, various signage and approximately eight planters; and

WHEREAS, The Owner determined that no permit for an open air café existed at 1350 Sixth Avenue and informed Bistro Milano, which shut down its café for a portion of 2008 but reopened the café in the summer of 2009 while the application for a permit was pending, and the Department of Buildings has issued a violation for the illegal operation of an outdoor café; and

WHEREAS, in order to bring the current plaza into greater accordance with the requirements of the Zoning Resolution, the Owner seeks a Certification to permit the addition of 13 seats (26 linear feet), 61 square feet of seasonal plantings in both round and rectangular containers and one information plaque (32” x 24” in size) to be located in the plaza facing Sixth Avenue at the southernmost point where the plaza meets the adjoining Warwick Hotel; and

WHEREAS, The location of the seating was selected by the Owner and the Department of City Planning because the number of visitors to the “LOVE” sculpture requires leaving the corner  portion of the plaza open, and other retail entrances occupy the 55th Street frontage of the plaza; and

WHEREAS, Although concern was expressed that the cafe continues to operate without a permit, Bistro Milano has pursued a permit for more than a year and the attractiveness and popularity of the café and the restaurateur’s claim of economic hardship without the café led to support for the application; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for Certification of the design modification to the existing bonus plaza at 1350 Sixth Avenue pursuant to ZR §37-625 and permission to operate an open air café pursuant to ZR §37-73.

The above resolution passed by a vote of 27 in favor, 8 opposed, 2 abstaining, one present not entitled to vote.

WHEREAS, 1095 Avenue of the Americas is a) located on the western blockfront of Sixth Avenue between 41^st and 42^nd Streets, b) has recently undergone a renovation, c) is located in the Theater Subdistrict of the Midtown Special District, d) is 664 feet high and e) is directly south of the new, taller, Bank of America building; and

WHEREAS, In 1975 the Board of Standards and Appeals granted a variance to install two illuminated signs displaying the name of the then anchor tenant, New York Telephone Company, at the level of the roof of the building; subsequently the Board allowed the signs to be altered to be non-illuminated and to reflect the changing name of the tenant and, in 2001, granted a modification to allow a Verizon sign to be illuminated; and

WHEREAS, The Applicant is now the anchor tenant of the building and, recognizing that the sign that had been on the north façade is blocked from street level visibility by the Bank of America building, has applied for a modification of the variance to relocate the sign to the eastern façade; and

WHEREAS, The proposed sign would be a) comprised of illuminated letters, b) set back 40' from the roof line and c) the same size as the former north-facing sign, 10'7"; high by 50' long; and

WHEREAS, The proposed sign would a) be visible from the north side of 42^nd Street beginning at Fifth Avenue and continuing for about two blocks east, and b) would not be visible from any point in Bryant Park, although some reflected or ambient light might be visible; and

Whereas, the Applicant has replaced the sigh on the south-facing façade with a new illuminate sign; and

WHEREAS, Although the size and design of the proposed sign was not considered unreasonable, no major public benefit to allowing the modification was determined, and the Land Use and Zoning Committee noted that the standards for issuance of a variance are different from those in effect when this variance was granted, and that, although a variance for the proposed sign might have been approved in 1975, a new variance today would probably not be approved; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for modification of the existing variance to permit the relocation of an illuminated sign from the north to the east façade of 1095 Avenue of the Americas.

The above resolution passed by a vote of 21 in favor, 14 opposed, 1 abstaining.

WHEREAS, The applicant proposes to construct a mid-block 82 story mixed-use building at 53 West 53rd Street which would contain a 100 room hotel, 150 residential units, a block-through lobby, a cellar restaurant and a loading dock on West 54th Street; and

WHEREAS, The proposed building would sit on the western end of a merged zoning lot which stretches from just east of 6th Avenue to Fifth Avenue and would require Special Permits for the transfer of 136,000 square feet of floor area from the University Club at Fifth Avenue at West 54th Street under section 74-79 of the Zoning Resolution and another  275,000 square feet from St. Thomas Church under Section 74-711 of the Zoning Resolution; and

WHEREAS, The applicant also seeks waivers under Section 74-711 to permit the distribution of floor area without regard to zoning district boundaries (the proposed building site sits on two different zoning districts),  height and setback requirements, pedestrian circulation space and rear yard equivalent requirements; and

WHEREAS, The proposed building was designed by Jean Nouvel as a slender, glass-clad tower which would be a significant architectural addition to the city but would rise on its mid-block location to 1,250 feet in height and would be one of the tallest buildings in the city -- which will, on a winter day, cast a shadow in Central Park; and

WHEREAS, The proposed building would include nearly 52,000 square feet in new space for the Museum of Modern Art (MoMA), increasing its gallery space by approximately 39 percent; and

WHEREAS, This Board reviewed the landmark aspect of this application in March 2008 and determined that the proposed tower was not harmonious with the existing landmarks and recommended that the Landmarks Preservation Commission deny the transfer of air rights from the University Club and St. Thomas Church; and

WHEREAS, The Landmarks Preservation Commission voted to approve the air rights transfer in May of 2008; and

WHEREAS, This Board also recommended that the City Planning Commission review the environmental impacts of traffic congestion from the construction of this building using a river-to-river analysis and a cumulative look at the impacts of the new building on local schools and emergency services; and

WHEREAS, While the CPC expanded the scope of the reviewing area somewhat for limited purposes, a river-to-river analysis of congestion was not performed and the building was generally not found to have a significant environmental impact on the area except as to shadows during the summer months; and

WHEREAS, The north side of West 54th Street is residential and the neighborhood has recently been subject to a multi-year construction project associated with the Museum of Modern Art; and

WHEREAS, There are now over half a dozen loading docks on West 54th Street and the use, or lack of use, of loading docks by MoMA and others on the block has created significant traffic congestion in the area; and

WHEREAS, Although MoMA may have taken some steps to lessen the impact of loading activity on West 54th Street, it has generally developed very bad relations with its residential neighbors and is not perceived to treat residential concerns seriously; and

WHEREAS, While the applicant has agreed to provide a liaison to the community during construction who will work with the Board and the community in minimizing the impacts of construction, the construction of such a large building will undoubtedly cause major disruptions to mid-town traffic and numerous other noise and pollution problems in the immediate vicinity of the project; and

WHEREAS, Although the Board is not concerned with the various waivers as to district boundaries, height, setback, rear-yard and pedestrian circulation space because these waivers would help to enhance the beauty and the practicality of the proposed building, the Board is concerned that the proposed tower is simply too large for its site; and

WHEREAS, Although the benefits of new maintenance plans for the University Club and St. Thomas Church, an important new architectural addition to the City and more public gallery space at MoMA would not be insignificant, the Board finds that the transfer of development rights would unduly increase the bulk of the proposed building such that the benefits are outweighed by the burdens associated with such a tall new building on this midblock site; therefore be it

RESOLVED, That Community Board Five denies the 53 W 53rd Street, W2005/Hines West Fifty-Third Realty, LLC application for two Special Permits under Sections 74-79 and 74-711 of the Zoning Resolution.

The above resolution passed by a vote of 30 in favor, 9 opposed, 1 abstaining, one present not entitled to vote.

WHEREAS, The Fashion Institute of Technology (FIT) seeks a Board of Standards and Appeals Special Permit pursuant to Section  73-64 of the Zoning Resolution to waive setback requirements in order to facilitate the development of a 10-story addition adjacent to an existing building on the south side of West 28th Street between 7th and 8th Avenues; and

WHEREAS, The project site presently contains an undeveloped courtyard adjacent to rear of the existing building facing West 27th Street and a 12 foot high street wall which runs along the sidewalk for approximately 214 feet; and

WHEREAS, The proposed addition would include a 10-story glass atrium between the existing building and the proposed addition and a triple height glass Student Life Hall facing West 28th Street which together would bring light into both the existing building and new classrooms in the proposed addition; and

WHEREAS, The proposed building would include new glass in-lot walking space along the sidewalk above knitting rooms; and

WHEREAS, The proposed building will be a “green” building with innovative new solar energy features; and

WHEREAS, The existing conditions on this block of West 28th Street are barren and unfriendly; and

WHEREAS, The proposed addition is architecturally interesting and the building would bring much needed life and activity to this block; and

WHEREAS, The proposed waivers of setback requirements are minor in scope but allow for significant innovation in the “green” building design and in designing a fully functional atrium; therefore be it 

RESOLVED, That Community Board Five approves the application on behalf of FIT for a BSA Special Permit to facilitate the development of an approximately 98,000 square foot, 10 story addition adjacent to an existing FIT building.

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

WHEREAS, The owner of 280 Park Avenue (between East 48th and 49th Streets) received a zoning bonus for the provision of a public plaza; and

WHEREAS, The bonus plaza was originally of little value to the surrounding neighborhood as it essentially consisted of modest setbacks around the building; and

WHEREAS, The original special permit for the plaza was modified to permit the use of space on both East 48th streets and East 49th Streets for private outdoor dining areas; and

WHEREAS, The modification included significant improvements to the remaining outdoor space which included seating and landscaping; and

WHEREAS, The outdoor dining areas and the plaza improvements do enhance and improve the plaza space but that portable barriers with signage have been erected around the outdoor dining areas that tend to wall those areas off from the public and look unwelcoming; and

WHEREAS, The applicant has agreed to stop the use of the barriers from around the dining areas; therefore be it

RESOLVED, That the Board recommends approval of the proposed certification for 280 Park Avenue to allow four open air cafes within an existing public plaza provided that the owner does not permit barriers to be placed around the dining areas.

The above resolution passed by a vote of 34 in favor, 0 opposed, 1 abstaining.

WHEREAS, The Department of City Planning, in close cooperation with the Department of Housing Preservation and Development, is proposing a text amendment to the Inclusionary Housing Zoning Resolution which will:

WHEREAS, The original Inclusionary Housing Zoning Bonus was created to encourage broad participation of developers who can receive a bonus by providing affordable housing that is on-site or off-site within the same Community District, through new construction, rehabilitation or preservation of existing affordable housing which remains affordable for the life of the increased floor area; and

WHEREAS, The original Inclusionary Housing Zoning Bonus program was only available in high-density R-10 districts and was limited to a 20% increase in floor area; and

WHEREAS, The original program created very few new permanently affordable housing units; and

WHEREAS, A new “expanded” Inclusionary Housing Zoning Resolution was adopted in 2005 which can be applied to a broad range of zoning districts where it is specifically adopted as part of area rezoning; and

WHEREAS, The new expanded program has been mapped in only a few areas of the City but has already produced more affordable housing than the original program; and

WHEREAS, Developers using the expanded bonus can receive up to a 33 percent bonus if at least 20 percent of their residential floor area is affordable to households which are at or below 80 percent of the Area Median Income; and

WHEREAS, The new proposed homeownership option would make housing available to households earning 80 percent of the Area Median Income level and would be allowed to appreciate at a fixed rate, allowing a homeowner to earn a modest inflation-adjusted return but would also be capped so as to keep the unit permanently affordable; and

WHEREAS, The proposed amendments would expand the original program by increasing the incentives for utilizing the bonus program and make technical changes which are necessary to clear some ambiguities and confusion from the 2005 amendments; therefore be it

RESOLVED, That the Board recommends approval of the proposed Inclusionary Housing Zoning Text Amendments.

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

WHEREAS, A zoning text amendment was adopted in 2007 which made extensive changes in design requirements for public plazas used for a bonus increase in floor area for new developments; and

WHEREAS, Recent applications for new public plazas or existing plazas with design changes have identified certain regulations that warrant improvement or clarification of the 2007 text; and

WHEREAS, The proposed amendments would make minor changes to provisions regarding the planting of trees, the size of signs, required sidewalk frontages and area dimensions which would clarify some standards or add new provisions to improve the quality and utility of public plazas; and

WHEREAS, The Board finds that all of these changes are technical in nature and will make the requirements for new plazas clearer and easier to comply with; therefore be it

RESOLVED, That Community Board Five recommends approval of the proposed Zoning Text Amendments regarding Privately Owned Public Plazas.

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

WHEREAS, The owner of a public parking garage located on the southeast corner of Seventh Avenue and 38th Street seeks an extension of the terms of a Variance previously granted by the Board of Standards and Appeals and an increase in the number of car parking spaces from 253 to 360 spaces; and

WHEREAS, The BSA has the authority to prescribe appropriate conditions and safeguards in order to minimize adverse effects the existing use may have on the character of the surrounding neighborhood; and

WHEREAS, Increasing the number of permitted car parking spaces will increase the number of car trips taken in this congested neighborhood; and

WHEREAS, The Board supports proposed zoning amendments which would require new public parking garages to provide one bicycle parking space for each ten car parking spaces and supports extending that requirement to public parking garages seeking extensions or renewals of Variances or Special Permits; and

WHEREAS, Providing new bicycle parking would encourage people to ride bicycles to work in the area, thus minimizing any adverse effects of the existing garage operation and the increased allowable parking requested by the applicant; and

WHEREAS, The applicant has agreed to create 5 bicycle spaces on the ground floor and has agreed to increase the number of bicycle spaces if there is sufficient demand; therefore be it

RESOLVED, That Community Board Five urges the BSA to approve the request by a public parking garage located on the southeast corner of Seventh Avenue and 38th Street for an extension of the variance, with an increase in the number of parking spaces and the inclusion of five (5) bicycle spaces available on the ground floor.

The above resolution passed by a vote of 28 in favor, 1 opposed, 2 abstaining.

WHEREAS, The Department of City Planning has proposed a Zoning text amendment which will require indoor, secure, long-term bicycle parking in new, converted and substantially renovated multi-family residential, community facility, parking garages and commercial buildings; and

WHEREAS, Transportation, congestion and health issues are major quality of life issues facing New Yorkers; and

WHEREAS, The NYC population continues to grow and the City is expected to have over nine million residents in the coming decades without substantial new transportation infrastructure; and

WHEREAS, The City must look to solutions that will more effectively and efficiently use its resources while minimizing carbon emissions and other adverse effects on the environment; and

WHEREAS, Using bicycles for transportation needs have minimal adverse impacts, could help alleviate congestion, improve air quality, reduce carbon emissions as well as have health benefits for cyclists; and

WHEREAS, In recent years, the City become engaged in many different programs to increase bicycle riding and bicycle riding in Manhattan has more than doubled since 2000 and is expected to continue to grow rapidly; and

WHEREAS, Surveys show that the lack of secure bicycle storage facilities at worksites and residents are leading factors in preventing people from cycling to work; and

WHEREAS, The proposed text amendments would generally provide for:

• One bicycle parking space for every two new or converted residential units in buildings having more than 10 units;
• One bicycle parking space for 7,500 square feet of commercial office space and one          space per 10,000 square feet of retail and other commercial spaces;
• One bicycle parking space for each ten car parking spaces in public parking garages; and

WHEREAS, The Board is concerned that the text does not provide for specific accessibility requirements in commercial buildings which would ensure that bicycle parking is relatively effortless or findings by the Department of Buildings which would ensure that bicycle parking is easily accessible in commercial buildings; and

WHEREAS, The Board believes that the new bicycle parking requirements should also apply to public parking garages which seek to renew a Special Permit or Board of Standards and Appeals variances; therefore be it

RESOLVED, That the Board supports the new text amendments but believes they could be improved by requiring mixed use buildings to provide the requisite number of bicycle parking spaces for each of the uses in the new development, apply to public parking garages seeking to renew Special Permits or BSA variances and that the amendments include specific accessibility requirements for commercial buildings which ensures that bicycle parking is easily accessible and practical for cyclists.

WHEREAS, The applicant, Sun Parking Garage, is applying for renewal of a Special Permit pursuant to Section 11-411 for an existing attendant public parking garage with 254 spaces; and

WHEREAS, The applicant has operated a attendant public parking garage at 148 West 48 Street continuously since 1954; and

WHEREAS, The applicant was granted a 50 year Special Permit to operate this garage at this location in 1954 under the pre-1961 regulations; and

WHEREAS, The applicant hired a law firm to renew the special permit in 2004 but subsequently learned in 2007 that the application had not been filed and the renewal had not been obtained; and

WHEREAS, The applicant has since retained the services of Kramer Levin Naftalis & Frankel LLP to help obtain a renewal of the Special Permit for an attendant public parking garage; and

WHEREAS, The applicant will undertake a number of changes to the garage to help improve the flow of traffic in and out of the garage including:

• Reducing the number of lanes on the ground floor from 4 to 3;

• Re-orienting the entrance and exit lanes in an effort to improve traffic safety and preventing crossing maneuvers;

• Reducing the length of the curb cut by 7 feet to decrease interference with pedestrian use of the sidewalk;

• Installing a visual warning system near the garage's exit lane to enhance pedestrian safety; and

WHEREAS, Although the Community Board has frequently disapproved applications to legalize existing illegal uses, because the owner has operated the garage in this location for over 50 years and was unaware that previous counsel had not obtained the renewal of the Special Permit; therefore be it

RESOLVED, That Community Board Five recommends approval of renewal of a Special Permit pursuant to Section 11-411 for an existing attendant public parking garage at 148 West 48 Street.

WHEREAS, The applicant, 400 Park Avenue South LLC, was granted a Special Permit on December 14, 2004 pursuant to Section 74-721(a) for the purpose of constructing a new building on the zoning lot located at 400 Park Avenue South on the southwest corner of 28th Street; and

WHEREAS, The Special Permit was for four years and will be expiring on December 14, 2008; and

WHEREAS, The property currently houses a public parking lot and a vacant 8 story office building that would be demolished in order to construct the building; and

WHEREAS, The Special Permit that was approved in 2004 permitted the applicant to construct a building with (a) 8 foot side yards between the proposed development and adjacent buildings, (b) windows (not required for light and air) opening on the southern side yard above the height of the adjacent building, and (c) modification of the sky exposure plane, all of these changes dictated by the architecture of the proposed development; and

WHEREAS, The applicant has stated that the facts upon which the special permit was granted in 2004 have not substantially changed; and

WHEREAS, The applicant will be building rental apartments and originally planned to apply for 80/20 financing but is unable to obtain that type of financing at this time and will build market rate rental apartments instead; and

WHEREAS, The applicant will be rebuilding the subway entrance at 28th Street and Park Avenue South and will be working to ensure that all other southbound entrances to the station are open during the construction; and

WHEREAS, Community Board Five approved this application when it was before the board in September 2004 by a vote of 23 in favor, 1 opposed and 1 abstention; therefore be it

RESOLVED, That Community Board Five recommends approval of application of C04095ZSM for the renewal of a Special Permit pursuant to Section 11-43 for the purpose of constructing a new building on the zoning lot located at 400 Park Avenue South.

The above resolution passed by a vote of 29 in favor, 0 opposed, 1 abstaining.

WHEREAS, The applicant, W2005/Hines West Fifty-Third Realty, LLC, is seeking multiple actions in connection with a mixed use development at 53 West 53rd Street; and

WHEREAS, The applicant is proposing a 1,250 foot tall mixed use building of 786,562 square feet which is proposed to be used as follows:

• Museum of Modern Art usage of 68,087 square feet
• Hotel usage of 100,000-200,000 square feet
• Residential usage of 518,465-618,465 square feet; and

WHEREAS, The applicant has received approval from the Landmarks Preservation Commission to seek the transfer of development rights pursuant to:

• Zoning Resolution Sections 74-79 and 81-212 to allow transfer of development rights from the University Club;
• Zoning Resolution Sections 74-711 and 81-277 to allow transfer of development rights from St. Thomas Church; and

WHEREAS, With the approval to seek these transfers by the Landmarks Preservation Commission the project will now enter the ULURP phase; and

WHEREAS, The development has been found to have an impact on the surrounding environment thereby triggering the need for an Environment Impact Statement; and

WHEREAS, An Environmental Impact Statement addresses the following tasks where appropriate:

• Project Description
• Land Use, Zoning and Public Policy
• Socioeconomic Conditions
• Community Facilities and Services
• Open Space
• Shadows
• Historic Resources
• Urban Design/Visual Resources
• Neighborhood Character
• Hazardous Materials
• Infrastructure
• Solid Waste and Sanitation
• Energy
• Traffic and Parking
• Transit and Pedestrians
• Air Quality
• Noise
• Construction Impacts
• Public Health
• Alternatives
• Mitigation
• Unavoidable Adverse Impacts; and

WHEREAS, The Department of City Planning will be holding a public scoping meeting on November 18, 2008 where the public can provide comments on items that they would like to see included in the Environment Impact Statement; therefore be it

RESOLVED, That Community Board 5 recommends that the Environmental Impact Statement take the broadest examination of these items possible and recommends that the document examine the following:

• The impact of this development on an area of one mile radius rather than the required one quarter mile radius and for the purpose of traffic analysis from the East River to the Hudson River.  Given the size and scope of this project, a quarter mile radius is too small an area.
• The effect of this development coupled with all the other developments in the immediate area on Community Facilities and Services.  Many developments are smaller than the required triggers in the Environmental Impact Statement for Community Facilities but their cumulative impact is rarely examined.  Community Board 5 would urge that the following cumulative items be examined in the Environment Impact Statement
• The educational needs of the area, especially considering the new residential development that has occurred throughout Midtown.  The building of one or more new schools should be required if it is found to be necessary in the Environmental Impact Statement.  Community Board 5 has neither an elementary nor a middle school within its borders.
• The library needs of the area, especially considering that the Donnell Library has been temporarily closed and is being torn down to develop a new hotel leaving only a much smaller branch at this location.
• Public safety needs including ensuring there is adequate fire and police service for a 1,250 foot building.
• The impact of a 1,250 foot building on open space.  The Mayor's PlaNYC 2030 recommends 1.5 acres of open space for every 1,000 residents.  Community Board 5 has substantially less open space than this standard especially in the midtown area.
• The consequence of this building on noise in the area.  The 53rd Street side of this development will face mainly office buildings but the 54th Street side of the project faces almost exclusively residential buildings.  There are already severe noise problems due to the loading docks for the Museum of Modern Art and the addition of a 1,250 foot building with additional loading docks is going to exacerbate these issues.
• The effect of this building on the character of the neighborhood.  A building of this size will undoubtedly change the character and makeup of the surrounding blocks. 
• The impact of the shadow that the building will cast.  There is a great deal of concern that this building will cast a long shadow including one that could reach Central Park which is only five blocks north of this building.  A complete and thorough shadow study needs to be completed.
• The effect of the building on the safety of the neighborhood.  Concerns have been raised by the residents that a building destined to be one of the tallest in the city could become a high risk target.

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

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

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

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

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

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

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

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

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

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

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

:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHEREAS, The applicant, La Masseria Restaurant, is located on the ground floor of the Ritz Apartments at 235 West 48 Street and has operated at this location since March 2004; and

WHEREAS, The applicant has filed an application with the Department of City Planning to establish an outdoor café with 6 tables and 23 seats on the eastern entrance of Ritz Plaza; and

WHEREAS, Ritz Plaza is a Privately Owned Public Space has a section including a September 11th memorial which is not open 24 hours per day and an area outside the memorial which is open 24 hours a day, 7 days a week; and

WHEREAS, The applicant is proposing the following amenities in exchange for the café:

• Add 18 new seats including 6 traditional seats and 12 planter seats outside the gate which would be available to the public 24/7;

• Refurbish approximately 24 feet of existing seating also outside the gate and available 24/7;

• Provide new Privately Owned Public Space signage; and

WHEREAS, The applicant has worked extensively with the Department of City Planning on this application in order to come up with these amenities; and

WHEREAS, Community Board 5 would like to see the following items added to the plaza including:

• An increase of seats available to the public from 18 seats to 23 seats so the public receives the same number of seats as the café;

• Improved lighting to make the public seating attractive after dark and improve safety in the plaza;

• Enhanced signage to ensure that people are aware that Ritz Plaza is open to the public; therefore be it

RESOLVED, Community Board recommends approval of the application for a design change to the public plaza and installation of an open air cafe and encourages the applicant to provide the additional amenities requested by the board.

WHEREAS, A special permit was granted in 1986 by the City Planning Commission to facilitate the construction of a 52 story mixed use building and for the restoration of the landmarked Henri Bendel Store; and

WHEREAS, In 1987 the application was modified to convert the project above the fifth floor from hotel and residential use to office use; reduced the floor area and increased the ceiling height; and redesign certain storefronts along Fifth Avenue; and

WHEREAS, In 1988 a second modification was made impacting the Henri Bendel Store that:

• Required the lights to be maintained in good working order and replaced as needed so that Lalique Windows could be properly viewed;
• Established that the 56th Street entrance to the ground floor retail space was to be open to the public from 10 am to 6 pm Monday through Saturday excluding holidays;
• Required that public access to the Fifth Avenue Atrium be provided beyond the hours during which the Henri Bendel Store was open;
• Required an unobstructed viewing path on the second through fourth floors around the opening of the floor below be provided to ensure public viewing access to the Fifth Avenue Atrium and the Lalique Windows; and

WHEREAS, In 2004 a third modification was made replacing parts of the second modification that:

• Permitted an exhibit area and viewing locations for the Lalique Windows on the second through fourth floors of the Henri Bendel Store;
• Prohibited floor mounted retail displays or obstructions on the Fifth Avenue Atrium ground floor level exceeding a height of 11 feet 6 inches in the easterly 27 feet of the Atrium or a height of 5 feet 6 inches in the remaining parts of the Atrium;
• Required signage describing the exhibit area, the Lalique windows and the viewing opportunities within the Atrium to be posted on the exterior of 714 Fifth Avenue;
• Required informational material concerning the Lalique Windows to be posted next to windows on the second through fourth floors;
• Prohibited obstructions along the eastern side of the Atrium and required that a 36 inch wide clear and unobstructed path be provided along the southern, western and north sides of the Atrium;
• Eliminated the requirement that the Atrium be open for public access at times other than the regular operating hours of the ground floor retail stores; and

WHEREAS, The applicant, Henri Bendel/Limited Brands, currently operates a small café with 4 tables and eight chairs on the third floor separate and apart from the pathway; and

WHEREAS, The applicant is seeking to remove a restriction contained in the Third Modification with respect to viewing the pathway along the Lalique windows in order to add four 24 inch tables and 8 chairs; and

WHEREAS, The tables would be located on the third floor bridge on the Fifth Avenue Atrium's eastern side between the railing and the Lalique windows; therefore be it

RESOLVED, That Community Board Five recommends approval of application M8602000CZS to remove the restriction contained in the Third Modification with respect to viewing the pathway along the Lalique windows and permit the addition of four 24 inch tables and 8 chairs, in the pathway and apart from the other tables, for the cafe.

WHEREAS, The Broadhurst Theater, located at 235 West 44th Street, is a legitimate theater listed in ZR §81-742 and is permitted by the terms of ZR§81-744 to transfer unused air rights to a development site within the Theater Subdistrict; and

WHEREAS, ZR§81-744(a) permits the transfer of unused air rights by certification of the Commissioner of City Planning provided that: (a) the amount of floor area to be transferred increases the amount of floor area allowable on the receiving site by no more that 20%; (b) the allowable floor area of the granting site is reduced by the amount of floor area transferred; (c) the owner of the granting site agrees to continue the use of the granting site as a  legitimate theater for so long as the building constructed by using the transferred development rights is in existence; (d) and an amount of money equal to $14.91 for each square foot of development rights transferred is contributed to the Theater Sub-district Fund; and

WHEREAS, The Applicant has applied for a certification with regard to the transfer of 9,840 square feet of development rights from the Broadhurst Theater to a receiving site at 120 West 41st Street for a proposed new hotel building; and

WHEREAS, The proposed building is harmonious in design, will be 24 stories high or 272 feet, and have about 100 keys (rooms); and

WHEREAS, Because the Broadhurst Theater has previously transferred air rights pursuant to §ZR81-744(a), a Restrictive Declaration regarding the continuing use and maintenance of the building is in existence, and the theater has performed an updated Existing Conditions Survey; and

WHEREAS, The Theater Subdistrict Council has now been created to receive, manage and disburse funds paid to the Theater Subdistrict Fund: and

WHEREAS, The Applicant is required to contribute $141,346.80 to the Theater Subdistrict Fund pursuant to the application; therefore be it

RESOLVED, That Community Board Five recommends approval with regard to the Application for a certification by the City Planning Commission pursuant to ZR§ 81-744(a), permitting  the transfer of air rights from the Broadhurst Theater to 120 West 41st Street.

The abover resolution passed by a vote of 29 in favor, 0 opposed, 1 abstention.

WHEREAS, The applicant, The Biltmore LLC, received approval for a 62 space accessory garage in October 2001 and this garage has been operational since the building opened in 2003 and has been run by Central Parking; and

WHEREAS, The applicant is requesting a special permit pursuant to Sections 13-562 and 74-52 of the Zoning Resolution to operate an attendant public parking garage with 60 spaces and 10 reservoir spaces; and

WHEREAS, The original application was filed in October 2003 but the applicant did not pursue the application until March 2007 because the building was awaiting its final Certificate of Occupancy which was awarded in October 2006; and

WHEREAS, The applicant is seeking to exempt from the floor area 1,740 square feet used as a ramp to the garage since they were exempted when it was an accessory garage; and

WHEREAS, A previous Environment Impact Assessment did not anticipate more than 50 cars entering and exiting the garage in peak hours so a new assessment was not warranted; and

WHEREAS, Although the garage was found to be already operating as a public (not an accessory) garage by the Department of City Planning as part of the inspection process for the special permit, subsequently the applicant has taken corrective action by informing Central Parking, which operates the garage, that it must be run as an accessory garage and that allowing transient parking jeopardizes their lease; and

WHEREAS, Subsequent visits by the Department of City Planning have found the operator has stopped running the garage as a public parking garage; and

WHEREAS, The permit for the accessory garage limits its use to residents of the building, visitors to the building and attendees of shows at the Biltmore Theatre; and

WHEREAS, The applicant found that allowing access to the garage to only one group of theatre-goers (patrons of the Biltmore Theatre) in the middle of the theatre district created confusion and was impractical; and

WHEREAS, The location in the middle of Theatre District is indeed a logical one for a public garage; and

WHEREAS, Although the Community Board has frequently disapproved applications to legalize existing illegal uses, because the owner has attempted in good faith to rectify it, and because issuance of a Special Permit will not change the actual use of the garage nor add to vehicular congestion in the area; therefore be it

RESOLVED, That Community Board 5 recommends approval of application C030513ZSM for special permit for an attendant public parking garage at 271 West 47th Street.

The above resolution passed by a vote of 28 in favor, 0 opposed, 1 abstaining.

WHEREAS, The Majestic Theater, located at 245 West 44th Street ("Theater") is a legitimate theater listed in ZR §81-742 and is permitted by the terms of ZR§81-744 to transfer unused air rights to a development site within the Theater Subdistrict; and

WHEREAS, ZR§81-744(b) permits the transfer of additional air rights (up to an increase of 20%) to development sites located in the Eight Avenue Corridor, provided that the proposed development (a) relates harmoniously to structures and open space in the vicinity; (b) serves to enhance or reinforce the general purposes of the Theater Subdistrict; (c) the owner of the granting site agrees to continue the use of the granting site as a  legitimate theater for so long as the building constructed by using the transferred development rights is in existence; and (d) an amount of money equal to $14.91 for each square floor of developments rights transferred is contributed to the Theater Subdistrict Council; and

WHEREAS, The Applicants have applied for an authorization with regard to the transfer of 48,180 square feet of development rights from the Theater to a receiving site at 306 West 44th Street, thereby permitting construction of a hotel totaling 319,804 square feet; and

Whereas, The theater is within Community Board 5 boundaries and the receiving site is within Community Board 4; and

WHEREAS, The theater, while maintained in excellent condition by the Shubert Organization, is creating a preservation plan to ensure a high level of maintenance for the theater, and ensure that the structure remains a theater in perpetuity as required by the zoning text; and

 WHEREAS,The proposed hotel development will be submitted for LEED certification at the completion of the project; and

WHEREAS, The Applicants have proposed the development of theater-related uses that will include two floors of rehearsal space located below grade at the base of a new 7 story affordable housing development; and

WHEREAS, The rehearsal space, called the Clinton Cameo Studios, will have two fully equipped rehearsal studios, a green room and storage facilities (located in CB 4).  The space will be run by a non-for-profit company and will charge $15 per hour for the space, which represents the cost of upkeep.  The use of the space was dedicated in consultation of five non-for profit theater companies; and

WHEREAS, The venture will also develop a 7-story, 9-unit affordable housing building, totaling 10,500 square feet of residential space (located in CB 4).  The site is developed in partnership with the Clinton Housing Development Company, which will operate the building.  The site will be maintained as affordable housing in perpetuity; and

WHEREAS, The Theater Subdistrict Council has now been created to receive, manage and disburse funds paid to the Theater Subdistrict Fund: and

WHEREAS, The applicants are required to contribute $718,363 to the Theater Subdistrict Fund pursuant to the application; therefore be it

RESOLVED, That Community Board Five recommends approval with regard to the Application for authorization by the City Planning Commission pursuant to ZR§ 81-744(b), permitting  the transfer of air rights from the Majestic Theater to a receiving site at 306 West 44th Street.

The above resolution passed by a vote of 28 in favor, 1 opposed, 1 abstention.

WHEREAS, In 1963 the Board of Standards and Appeals granted the College of St. Francis Xavier High School a bulk variance with respect to side and rear yard requirements and a special permit to modify height and setback requirements to allow for the demolition of a major portion of a four story school and monastery for the purposes of erecting a six story school and monastery at 24-40 West 16 Street, which was located in a C6-2 zoning district; and

WHEREAS, The College of St. Francis Xavier High School has stood on this site since the mid-1960s, is in a C6-2M district and is largely unchanged since its construction; and

WHEREAS, The applicant currently has a total of 121,822 square feet of undeveloped floor area on the site at 24-40 West 16th Street and requires approval from the Board of Standards and Appeals to transfer it to the adjoining location; and

WHEREAS, The school would demolish a brownstone located on the eastern edge of the 16th Street property and would use the remainder of the development rights to construct a new rectory for the New York Provence of the Society of Jesus; and

WHEREAS, The property at 31-35 West 15th Street would be developed into a middle 20 story hotel and condos and this project would be done as of right; and

WHEREAS,The applicant has stated it plans to use the proceeds from the sale of the development rights to create an endowment for the school; therefore be it

RESOLVED, That Community Board Five recommends approval of BSA # 1149-62 BZ to permit the merging of the zoning lots at 24-40 West 16th Street and 31-35 West 15th Street to permit the transfer of 121,822 square feet of undeveloped floor area.

The above resolution passed by a vote of 21 in favor, 9 opposed, 2 abstentions.

WHEREAS, In 1980 a Special Permit was granted that allowed the construction of the 51-story New York Palace Hotel, with modified FAR, height, setback and tower regulations; and

WHEREAS, The New York Palace Hotel is the backdrop to the landscaped, publicly accessible 5,754 SF courtyard along Madison Avenue; and

WHEREAS, The hotel proposes to install an open air café occupying approximately 1,068 square feet and containing 18 tables, 72 chairs and four umbrellas on the south side of the courtyard.  The café will be operated by the Gilt restaurant, which currently operates a restaurant inside the hotel; and

WHEREAS, The café will be open for a minimum of 225 days per year between early spring to late fall between 3:00 and 12:00 p.m.; and

WHEREAS, Although it is not required in order to install the café, the Palace Hotel also proposes to add 23 tables and 92 chairs for use by the general public on the north side of the courtyard.  The tables and chairs in the public space will remain in the courtyard year-round and will be accessible to the general public between 7:00 a.m. and 10:00 p.m. from April 15th to October 31 and from 7:00 a.m. and 8:00 p.m. from November 1st to April 14th; and 

WHEREAS, All the new tables and chairs will be of high quality Italian construction and will  complement the courtyard's surroundings and wrought iron gates at the Madison Avenue entrance; and  

WHEREAS, Neither the decorative paving in the center of the courtyard nor the view of the hotel from Madison Avenue or the view of Saint Patrick's Cathedral from the courtyard would be obstructed; and  

WHEREAS, The Landmarks Preservation Commission has issued a Certificate of No Effect for the proposed café and public seating area; and

WHEREAS, The courtyard is currently empty and there is a scarcity of public open space for the neighborhood's office workers and residents; therefore be it

RESOLVED, That Community Board Five recommends approval of the requested modification to permit an open air café in the courtyard of the Villard Houses at 451-457 Madison Avenue.

The above resolution passed by a vote of 31 in favor, 0 opposed, 2 abstaining.

WHEREAS, The Applicant, 42 West 18th Street Realty Corp. has requested renewal of a Special Permit pursuant to Section 74-711 of the Zoning Resolution to facilitate the construction of a mixed use development project on a zoning lot located at 38-42 West 18th Street a.k.a. 41-45 West 17th Street; and

WHEREAS, This item came before Community Board 5 in October 2003 and the board opposed it because the applicant was seeking to change the zoning from M1-6M to C6-4A within the Ladies Mile Historic District and the board was concerned about approving special permits within manufacturing zones; and

WHEREAS, The zoning for this area has since been changed from manufacturing to commercial with this location going from M1-6M to C6-4A; and

WHEREAS, The project proposes to integrate a new structure with two existing structures to create one interior space which will be developed for commercial use on floors 1-3 and 90 residential units on floors 4 and above; and

WHEREAS, The requested Special Permit renewal would allow the following:

• residential use on floors 4 through 16

• a new building and enlarged portions to penetrate the height and setback requirements; and

• proposed 2-story and 3-story enlarged portions as permitted obstructions within the required rear yard; and

WHEREAS, The applicant said that at this time they were not seeking LEED certification; and

WHEREAS, Community Board 5 encourages the applicant to seek the highest LEED certification possible for these buildings; and

WHEREAS, The Department of City Planning granted this Special Permit effective February 3, 2004 and it expired on February 2, 2008; and

WHEREAS, The Landmarks Preservation Commission issued the initial Certificate of Appropriateness on May 22, 2001 and voted to grant a new one on August 7, 2007; therefore be it

RESOLVED, That Community Board Five recommends renewal of the Special Permit pursuant to section 74-711 of the zoning resolution for mixed-use (residential and commercial) development at 38-42 West 18th Street.

The above resolution passed by a vote of 36 in favor, 0 opposed, 1 abstention.

WHEREAS, Park Avenue Hotel Acquisition, LLC, the applicant and developers of 610 Lexington Avenue on the southwest corner of 53rd Street and Lexington Avenue, have filed two applications with the Department of City Planning:

• 080177ZRM to permit the transfer of 200,695 square feet of development rights from the Seagram Building at 375 Park Avenue to 610 Lexington Avenue under Section 74-79 of the Zoning Text; and
• 080178ZSM asking for a special permit for text amendments to Section 74-79 of the Zoning Resolution as follows:
  •  
    • Modification to Section 81-27 for daylight compensation;
    • Modification to Section 23-861 for minimum distance between legally required windows and walls or lot lines;
    • Modification to Section 23-85 for minimum dimensions of inner courts;
    • Modification to Section 36-62 requiring off street loading berths for commercial buildings;
    • Modification to Section 37-50 for pedestrian circulation space

WHEREAS, The proposed text amendment would apply to new developments or enlargements utilizing development rights pursuant to Zoning Resolution 74-79 in C5-3, C6-6, C6-7 and C6-7T districts within the Special Midtown District (Third to Fifth Avenues East 39th to East 60th Streets, and other specified locations); and

WHEREAS, The applicant's original proposed use of the building when the Landmark Preservation Plan for the Seagram Building was presented to Community Board 5 in November 2005, and approved by the Board, was to be 14 stories of hotel space and 44 stories of condominiums and did not require a loading berth; and

WHEREAS, The applicant has changed the use of the building to be 47 stories of hotel space and 10 stories of condominiums making its use mainly commercial and necessitating a loading berth under the Zoning Resolution; and

WHEREAS, The applicant expects 12-16 deliveries per day to service the hotel; and

WHEREAS, 610 Lexington Avenue is on southwest corner of Lexington Avenue at East 53rd Street and both of these thoroughfares are extremely busy with high volumes of traffic; and

WHEREAS, The applicant is requesting a text change to Section 74-79 of the Zoning Resolution to waive the requirement of a loading dock at this location; and

WHEREAS, After the committee expressed concern about the lack of a loading berth in the building during the March 2008 meeting, the applicant requested an opportunity to find a solution; and

WHEREAS, The applicant did go back to the drawing board and proposed an on street solution which involved changing the existing parking regulations to create a Loading Zone at the curb in front of the hotel and to have deliveries occur in the evening after rush hour, a solution that will require enforcement by the NYPD and which has been shown to be ineffective in the past; and

WHEREAS, The design of the building does not include an off street loading berth, and there is no agreement for sharing of a loading berth and/or driveway with the adjacent Seagram Building, making it necessary for passenger and bulk loading, including hotel garbage, to take place on the sidewalk and street(s), and

WHEREAS, Community Board 5 remains concerned about the immediate and long-term impacts of the proposed text amendment to Section 74-79 of the Zoning Resolution for the Special Midtown District, the principle of amending the Zoning Resolution for one building and the precedent that would be set in the Special Midtown District for future applications with similar modifications; therefore be it

RESOLVED, That Community Board Five recommends denial of applications 080177ZRM and 080178ZSM as submitted by the Park Avenue Hotel Acquisition, LLC, due to concerns about text amendments to the Zoning Resolution and the lack of a loading berth at this highly congested location at 610 Lexington Avenue/375 Park Avenue.

The above resolution passed by a vote of 36 in favor, 0 opposed, 1 abstention.

WHEREAS, The applicant, MCP SO Strategic 56 LP, is building a new development with 48 units as of right at 31-37 West 56 Street; and

WHEREAS, The applicant is entitled to build an 11 space accessory garage as of right in the cellar and subcellar of the building; and

WHEREAS, The applicant is requesting Special Permit for a 76 space attendant garage, including 10 reservoir spaces, creating 14,964 gross square feet of parking in the cellar and subcellar of the building; and

WHEREAS, The garage will be open to the public 24 hours a day, 7 days a week and would have 2-4 attendants at all times; and

WHEREAS, The building is entitled to a 23 foot wide curb cut in front of the building and would use it for the garage, allowing for two lanes in and out of the garage; and

WHEREAS, The Environment Impact Statement estimated that there would be no more than 13 trips in and out of the garage per hour and estimates 11-13 trips in and out of the garage during the peak hours of 6 am - 9 am and 4 pm – 6 pm; and

WHEREAS, The applicant agreed to create space for bicycle parking in the garage; therefore, be it

RESOLVED, Community Board 5 recommends approval of a Special Permit pursuant to Sections 13-562 and 74-52 of the Zoning Resolution to allow for an attended public parking garage of 76 spaces at 31-37 West 56 Street.

The above resolution passedby a vote of 20 in favor, 11 opposed, 1 abstention.

WHEREAS, This is the second part of a 74-711 for 14-20 West 40th Street permitting the transfer of approximately 17,000 square feet of development rights from the Knox Hat Building to 14-20 West 40th Street in exchange for preservation of the building; and

WHEREAS, The building at 14-20 West 40 Street, which is currently a parking lot, will be constructed with a limestone façade with a glass treatment and is considered contextual with the Knox Hat Building; and

WHEREAS, The building, which will be 358 feet and 32 stories high, will house a hotel with 150 rooms, a 52 unit condominium and a parking garage with 30 spaces; and

WHEREAS, The developer is asking for a number of bulk modifications to make the building more harmonious with the neighborhood including:

• Modification of the pedestrian circulation space requiring a walkway or an arcade at the base of the building.  Elimination of this requirement will allow the building to come up to the street wall like all the other buildings on the block; and

• Modification of the streetwall continuity regulations permitting part of the lot to not meet the 85 foot streetwall requirement for the entire site.  This is to accommodate a 3 story building at 12 West 40 Street; and

• Modification of the Split Lot Bulk Regulations permitting the transfer of 17,264 square feet of available floor area generated in M1-6 district for development in the C5-3 (MID) district; and

• Modification of the Alternate Height and Setback Daylight Evaluation regulations which apply in the C5-3 (MID)/West 40th Street and would require a setback above 90 feet; and

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

WHEREAS, The hotel is going to be run by One Hotel, a company that is building "green" hotels in the United States.  While the applicant is aiming to build a LEED Silver environmentally friendly building, Community Board 5 would like the applicant to make the building either LEED Gold or Platinum; and

WHEREAS, Community Board 5 is concerned about the lack of affordable housing in the area and encourages the developer to include middle income housing in the development; and

WHEREAS, Community Board 5 remains concerned about the infrastructure needs of the area and wants to make sure that even with relatively small developments, such as this one, the impact on schools, transportation and other district needs are taken into consideration; and

WHEREAS, The developer has agreed to do everything possible to mitigate the impact of construction on the area; and

WHEREAS, The preservation plan for the Knox Hat Building was approved by both the Landmarks Preservation Commission and Community Board 5; therefore, be it

RESOLVED, That Community Board 5 recommends approval of the 74-711 for 14-20 West 40th Street and recommends approval of the following bulk modifications:

• Modification of the daylight evaluation requirements of ZR Section 91-27 in the C5-3 (MID) district;

• Waiver of the split lot provisions of ZR Section 77-02 to allow transfer of approximately 17,264 square feet of floor area from the M1-6 district to the C5-3 (MID) district;

• Modification of the pedestrian circulation space requirements of ZR Sections 81-45 and 37-07 along West 40th Street;

• Modification of the streetwall continuity regulations of ZR Section 81-43

The above resolution passed by a vote of 28 in favor, 2 opposed,  2 abstention.

N080045 ZAM APPLICATION BY GLADDEN PROPERTIES, LLC ("BOSTON PROPERTIES"), SHUBERT AND BOOTH THEATER, LLC (COLLECTIVELY, THE "APPLICANTS") FOR AUTHORIZATION  BY THE CITY PLANNING COMMISSION PURSUANT TO SECTION 81-744(B) OF THE ZONING RESOLUTION, PERMITTING  THE TRANSFER OF 48,204 SQUARE FEET OF AIR RIGHTS FROM THE BOOTH THEATER AND THE SHUBERT THEATER TO 250 WEST 55TH STREET

WHEREAS, The Shubert Theater, located at 225 West 44th Street, and the Booth Theater, located at 222 West 44th Street,  (together, the "Theaters") are legitimate theaters listed in ZR §81-742 and are permitted by the terms of ZR§81-744 to transfer unused air rights to a development site within the Theater Subdistrict; and

WHEREAS, ZR§81-744(a) permits the transfer of unused air rights by certification of the Commissioner of City Planning provided that: (a) the amount of floor area to be transferred increases the amount of floor area allowable on the receiving site by no more that 20%; (b) the allowable floor area of the granting site is reduced by the amount of floor area transferred; (c) the owner of the granting site agrees to continue the use of the granting site as a  legitimate theater for so long as the building constructed by using the transferred development rights is in existence; (d) and an amount of money equal to $14.91 for each square foot of development rights transferred is contributed to the Theater Subdistrict Fund; and

WHEREAS The Applicants have applied for a certification with regard to the transfer of 109,432 square feet of development rights from the Theaters to a receiving site at 250 West 55th Street for a proposed new commercial building; and

WHEREAS, ZR§81-744(b) permits the transfer of additional air rights (up to an increase of 20%) to development sites located in the Eight Avenue Corridor, provided that the proposed development (a) relates harmoniously to structures and open space in the vicinity and (b) serves to enhance or reinforce the general purposes of the Theater Subdistrict; and

WHEREAS,  The Applicants have applied for a authorization with regard to the transfer of 48,204 square feet of development rights from the Theaters to a receiving site at 250 West 55th Street, thereby permitting construction of a building totaling 689,362 square feet; and

WHEREAS, The proposed building is attractive in design, has a set-back tower and a 57' high retail and commercial base that is reflective of the massing of nearby townhouses, wide sidewalks, a third floor green landscaped terrace and is anticipated to earn LEED Gold status; and

WHEREAS; The Applicants have proposed making a 3,000 square foot space at ground level on 54th street available to theater related uses at favorable rents; and

WHEREAS, While no formula exists to determine what action would cause a development to "enhance or reinforce the general purposes of the Theater Subdistrict", a prior development receiving an authorization for the transfer of  28,900 dedicated approximately 3,000 square feet of commercial space at below market rent to be used by theater companies; and

WHEREAS, The Theater Subdistrict Council has now been created, to receive, manage and disburse funds paid to the Theater Subdistrict Fund: and

WHEREAS, Applicants have agreed to contribute $2,350,353 to the Theater Subdistrict Fund pursuant to both applications; and

WHEREAS, One existing building on the proposed development site still has rent-stabilized tenants who have not yet agreed to be relocated; therefore, be it

RESOLVED, That Community Board Five recommends approval with regard to the Application for a certification by the City Planning Commission pursuant to ZR§ 81-744(a), permitting  the transfer of air rights from the Theaters to 250 West 55th Street; and be it further

RESOLVED, That Community Board Five takes no action with regard to the Application for a authorization by the City Planning Commission pursuant to ZR§ 81-744(b), permitting  the transfer of air rights from the Theaters to 250 West 55th Street, however, the Board strongly urges the following:

• Boston Properties explore dedicating a larger space, suitable for theatrical performances and rehearsals as part of its commitment to enhancing the Theater District;

• A financial structure, insuring the affordability of the theater space for the present and future, be entered into, and put in binding form, before the authorization is granted;

• The members of the Theater Subdistrict Council, representatives of elected officials and the Community Board participate in the discussions regarding the theater space;

• In order to insure continued compliance with the Zoning Resolution and any specific agreements entered into as a part of the authorization process, the By-laws of the Theater Subdistrict Council be amended to include monitoring spaces dedicated to theater related purposes;

• Boston Properties explore additional methods of making the proposed building more environmentally friendly, including ways to raise its anticipated LEED rating, including the addition of bicycle racks;

• Boston Properties make every effort to reach satisfactory relocation agreements with the existing residential tenants on the site, and ameliorate conditions regarding adjacent buildings during the demolition process.

The above resolution passed by a vote of 27 in favor, 0 opposed, 1 abstention.

WHEREAS, The late Senator Daniel Patrick Moynihan proposed creating a new Pennsylvania Station in the James A. Farley Post Office Building on 8th Avenue between 31st and 33rd Streets in an effort to upgrade the current Pennsylvania Station, improve our transportation capacity, and recreate the grandeur of the original station which was torn down in 1964; and

WHEREAS, The State Empire Development Corporation has created a subsidiary, the Moynihan Station Development  Corporation, to plan, design and finance the new station; and

WHEREAS, This project will result in the creation of 7.5 million new zoning square feet for mixed use development including 1.4 million square feet at the Moynihan Station site, 2 million square feet at the 1 Penn Plaza site and 4.3 million square feet within in a new proposed Moynihan Station Special District between 29th Street and 36th Street from 5th Avenue to 9th Avenue; and

WHEREAS, There is an additional 10 million square feet of new development being proposed for the 34th Street corridor, unrelated to Moynihan Station, further increasing the density of, and pressures on the area.; and

WHEREAS, The current proposal contemplates (a) the development of an approximately 1 million square foot commercial building to be located to the east of One Penn Plaza, facing Seventh Avenue, and (b) the construction of a new building between 185,000 and 1 million square feet  to the west of One Penn Plaza, requiring the demolition of the existing public plaza (created in 1961 in exchange for bonus square footage) which Community Board Five is on record opposing; and

WHEREAS, The Moynihan Station Development Corporation states in its proposed Environmental Impact Statement that the new special district would follow City Planning Commission guidelines for zoning and re-zoning in the district; and

WHEREAS, The current proposal would move Madison Square Garden (MSG) from its current site on 8th Avenue between 31st and 33rd Street to the western part of the James A. Farley Post Office Building and use the current MSG site for the eastern side of Moynihan Station ; and

WHEREAS, The current development plan would eliminate the only outdoor public space in the proposed Special District, currently on the corner of West 34th Street and 7th Avenue; and

WHEREAS, A Final Environmental Impact Statement on the approximately 1.4 million square foot Farley Post Office/Moynihan Station site was completed and adopted in August 2006; and

WHEREAS, By encompassing a new Pennsylvania Station, a new Madison Square Garden, the formation of a new Special District, and the creation of 7.5 million new square feet of mixed used development, this historic re-development is expected to dramatically impact and change this section of midtown Manhattan and thereby offers a rare opportunity to bring essential amenities into the District, including outdoor green public space, an amenity now widely deemed essential for quality of life; and

WHEREAS, The Moynihan Station Development Corporation is now beginning an Environmental Impact Statement on the mixed-use development to be used in the new Moynihan Station Special District and is seeking input from the community including testimony at an important public hearing being held at the Farley Building on December 6; therefore be it

RESOLVED, That Community Board 5 requests that the following items and issues be added to the scope of this Environmental Impact Statement:

• Ensure that the new Moynihan Station and the special district create new and usable open, green space for the public that is, at the very least, equal to the current exterior public space that will be eliminated by this plan.  The Mayor's PlaNYC 2030 recommends 1.5 acres of open space for every 1,000 residents.  Community Board 5 has substantially less open space than this standard and the Moynihan/Penn Station Redevelopment Project presents an opportunity to improve this important urban condition.

• Measure and respond to the impact of adding 7.5 million square feet of mixed-used development on the community's infrastructure including increased public transportation service, public schools, sidewalk widening, and sanitation needs.  The Environmental Impact Statement should also mandate pedestrian-through corridors mid-block where appropriate and widening the sidewalks to support the new foot traffic in this already pedestrian-stressed area.

• Assure that a significant portion of the new residential development being created by this special district be set aside for affordable housing under the 80/20 rules or other mechanisms.

• Investigate the impact of the new Special District on Class B office space and ensure that the changes do not result in a net decrease.  The loss of Class B office space within Community Board 5 has been a continuing concern of the Board realizing that this type of commercial office space is essential to sustain our small and growing businesses as an important part of the New York City economy.

• Ensure the historic and designated elements of both the exterior and interior of the James A. Farley Post Office, a designated landmark, be preserved.   

• Investigate the educational needs of the area, especially considering the new residential development that is likely to occur, and build one or more new schools if it is found to be necessary in the Environmental Impact Statement.  Community Board 5 has neither an elementary nor a middle school within its borders.

• Study the impact of the Special District on the ¼ to ½ mile periphery of the area as required by law.

• Require that some of the new development and or existing space in the Special District be set aside for cultural institutions, including theatres and dance companies, which are essential to the city's vitality, livability and economy.

• Examine the impact on the environment and on air pollution of both the (1) development of these new, larger buildings and (2) the additional traffic generated by this proposed development, including the retail deliveries and traffic using the studies of the Time Warner Center and other locations.  The scoping document discusses "green buildings" but does not address other environmental impacts of all the new development which will occur in the Special District.

• Examine the impact of the Special District on retail and business areas including "Little Korea" (30th to 32nd Street from 5th to 6th Avenue) and the Garment District.

WHEREAS, PlaNYC 2030 has a goal of planting 15,000 street trees per year and one million trees citywide by 2017 including reforestation of 2,000 acres of parkland; and

WHEREAS, As part of the PlaNYC 2030 effort the City Planning Commission is proposing zoning text amendments to require under certain triggering events that one tree be planted for every 25 feet of street frontage with a minimum of one per street if the street frontage is less than 25 feet; and

WHEREAS, In higher density residential (R6+), commercial and manufacturing districts street trees would be planted in tree pits and boxes with existing trees counting toward the requirement and in lower density residential districts (R1-R5) trees would be planted in planting strips; and

WHEREAS, The trigger for the street tree requirement would be any new development, enlargement of an existing development by more than 20% or changes of use which increase the development by 20%.  An exception would be granted for Use Group 16 (automotive and semi-industrial) and an exemption provided to Use Groups 17 and 18 (light and heavy industrial uses); and

WHEREAS, When planting may be unfeasible due to site constraints such as proximity to infrastructure such as utility vaults or landmark issues offsite tree planting within the community district or one half mile from the site is allowed; and

WHEREAS, The trees will be maintained by the Department of Parks and Recreation and all tree pits and boxes will meet with the sidewalk requirements of the Department of Transportation; therefore be it

RESOLVED, That Community Board Five supports Zoning Text Amendments N080078ZRY and N080081ZRY to require a street tree for every 25 feet of street frontage and encourages adoption of these amendments.

The above resolution recommending approval by a vote of 32 in favor, 0 opposed, 1 abstention.

WHEREAS, The Sony Wondertech Lab in the Sony Public Plaza is part of the bonus plaza, is open to the public free of charge and consists of 4 floors of exhibits; and

WHEREAS, The Sony Wondertech Lab is funded by the Sony Corporation, has not undergone a major renovation in over a decade and would like to close 2 floors of the exhibit for 9 months to perform renovations and upgrade the exhibit, including adding more interactive displays and changing the technology from analog to digital; and

WHEREAS, The renovated Sony Wondertech Lab will comply with all American's with Disabilities Act accessibility rules, and has been certified green-friendly by the US Environmental Council; and

WHEREAS, The Sony Wondertech Lab will leave 2 floors open to the public during the renovation, but plans to close the entire exhibit on Sundays during the construction period; and

WHEREAS, A special permit was granted 10 years ago to permit closing of the Sony Public Plaza for 12 events a year, 6 to benefit not-for-profit organizations and 6 for private entities; and

WHEREAS, The permit is going to expire and Sony would like to have it renewed for another 10 years; and

WHEREAS, Community Board Five has not received any complaints about the closing of the Sony Public Plaza for 12 events a year; therefore be it

RESOLVED, That Community Board Five recommends approval of closing portions of the Sony Wondertech Lab for 9 months to undergo renovations; and be it further

RESOLVED, That Community Board Five recommends renewal of the special permit allowing Sony Public Plaza to close for 12 events a year.

The above resolution passed with a vote of 32 in favor, 0 opposed, 0 abstention.  

WHEREAS, 126 East 32nd Street LLC is proposing to build a 12-story residential building with a parking garage at 120 and 122 East 32 Street, which is currently a parking lot; and

WHEREAS, The property at 120 and 122 East 32nd Street was changed from a C6-1 to a C4-5A by the City Planning Commission in 1995; and

WHEREAS, The applicant is requesting a zoning map amendment to change the zoning designation of the site and adjoining properties from C4-5A to C6-2A by extending an existing C6-2A district that exists on Lexington Avenue at East 32nd Street westward over the site to a point 150 feet towards Park Avenue South; and

WHEREAS, The existing buildings on the site are already larger than what is permitted in a C6-2A zoning lot; and

WHEREAS, The proposed 12-story residential building has been designed to align with the street wall of the adjacent buildings and the other taller buildings on the block; and

WHEREAS, The residential bulk of the proposed building is consistent with larger office/loft buildings to the west of it,  and to converted residential and other existing residential buildings to the east and south of it; and

WHEREAS, The three-story building directly to the west houses a social services drop-in center which will not be disturbed by the new construction, and the property has a codicil which prevents a taller building from being developed on it in perpetuity; and

WHEREAS, Community Board Five felt that the 12-story residential building proposed for this site is appropriate for the block in relation to the other buildings on it, and due to the developer providing public parking at the new site; therefore be it

RESOLVED, That Community Board Five recommends approval of the extension of the C6-2A district on the south side of East 32 Street Lexington Avenue to approximately 150 feet towards Park Avenue South.

The above resolution passed with a vote of 23 in favor, 10 opposed, 0 abstention.  

WHEREAS, 126 East 32nd Street LLC is proposing to develop a 12-story residential building on 120 and 122 East 32nd Street, which is currently an outdoor parking lot; and

WHEREAS, The applicant is seeking a special permit to operate an attended public parking garage using the cellar and sub-cellar to house a 44-space parking garage with 9 reservoir spaces on the first level, which would be open to the public; and

WHEREAS, The capacity of the current lot is 44 cars, so this parking garage should replace the spaces being lost as a result of the residential building being developed; and

WHEREAS, Concern has been raised by Community Board Five that existing off-street parking has been disappearing due to increased development within the area; and

WHEREAS, Community Board Five is pleased that the applicant will be providing public parking within the building; therefore be it

RESOLVED, That Community Board Five recommends approval of the applicant's request for a Special Permit to operate an attended public parking garage at 122 East 32 Street.

The above resolution passed with a vote of 33 in favor, 0 opposed, 0 abstention.  

WHEREAS, In 2004 Central Parking Systems (“Central”), one of the largest operators of parking facilities in America, commenced the operation of a garage (“the Facility”) at a newly constructed residential building at 800 Avenue of the Americas (“the Building”) as a 57 car accessory parking garage for the residents of the Building; and

WHEREAS, Central started using the Facility for transient parking as well as for accessory parking and increased the parking spaces by adding stackers to 70 cars (plus 10 reservoir spaces); and

WHEREAS, At the time the use of the Facility was changed, Central contacted the staff of the Department of City Planning (“DCP”) to legalize the transient use through a special permit, which the staff was receptive to but, among other things, expressed concerns about the width of the Facility ramp; and

WHEREAS, After considering the matter for over a year, DCP staff decided it was advisable to attempt to legalize the Facility since there were no clear design standards for garages and the interior layout of the Facility had been redesigned in a manner acceptable to DCP; and

WHEREAS, In Central’s Environmental Assessment Statement, the use of the Facility as a public garage at 70 spaces (plus 10 reservoir spaces) does not cause environmental problems or a significant traffic impact; and

WHEREAS, Although a small portion of the Facility’s ramp is less than 17 feet, the Facility has been operated in a safe manner for the past three years, and during peak hours the Facility has four parking attendants employed; and

WHEREAS, A public garage at this location is beneficial to the area and the public in that it accommodates occupants of the Building, tenants in surrounding buildings in this developing residential area, and provides needed public parking for the major retail area immediately north of the Building; and

WHEREAS, If the Special Permit is granted Central will have to renew it and the Board would then be able to review the safety operations of the Facility and whether any violations were issued; and

WHEREAS, Although in the past the Board has rejected attempts to legalize violations, primarily relating to certain landmark requirements, the Board believes that with regard to the operation of pubic garages it would be better to legalize the use, and the Board would strongly urge DCP to adopt clear design standards for garages; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Central Parking Systems for a Special Permit, pursuant to §§13-562 and 74-52, to establish a 70 car parking garage (with 10 reservoir spaces) at 800 Avenue of the Americas.

The above resolution passed with a vote of 33 in favor, 0 opposed, 3 abstentions.  

WHEREAS, On June 4, 2007 the City Planning Commission referred, for a 45 day period, a proposed text amendment regulating the use of urban plazas to affected Community Boards and Borough Presidents for review and comment; and

WHEREAS, A text amendment is not subject to a ULURP, but Community Board Five, having many public plazas within its boundaries, appreciates the opportunity to comment on the proposed text changes; and

WHEREAS, The Zoning Resolution was amended in 1961 to permit additional bulk in high density residential and commercial areas in exchange for public, outdoor plazas, subsequently amended in 1975 and 1977, and has resulted in about 250 public plazas throughout the city; and

WHEREAS, The proposed changes primarily (a) replace the existing residential plaza definitions and urban plaza standards with a single plaza type called the public plaza, (b) revise and update the design standards for public plazas, while ensuring that substantial architectural flexibility remains for unique and exciting open space design, and (c) streamline and consolidate provisions related to open air cafes and kiosks within plazas, nighttime closing of plazas, and the process for modification of plaza design guidelines; and

WHEREAS, The proposed changes will increase the accessibility of the plaza from the street, broaden the variety of seating while ensuring greater comfort, permit wider landscaping choices, clarify information available on signage, and increase hours the plazas are open; and

WHEREAS, The proposed changes are limited to design and operational standards and make no changes that relate to bulk, permitted floor area, the amount of floor area generated through the provision of bonus plazas or to locations where the plaza bonus is available; and

WHEREAS, The process for approval of a public plaza remains a Certification by the Commissioner of City Planning, and the proposed change provides for an Owner’s Notification of Compliance every three years; and

WHEREAS, Enforcement of violations of plaza regulations are conducted by the Department of Buildings, and carry only three types of penalties: Environmental Control Board (ECB) fines, denial of applications for changes to the plaza or revocation of a building’s Certificate of Occupancy; and

WHEREAS, ECB fines are very low and are often considered a cost of doing business, denial of new application is only available when an owner wishes to change a physical or operational aspect of his plaza, and revocation of a C/O is a very harsh penalty; therefore be it

RESOLVED, That Community Board Five applauds the City Planning Commission in creating design guidelines that will make future public plaza more attractive, diverse and integrated with the streetscape; and be it further

RESOLVED, That Community Board Five urges the Commission to consider more effective methods of enforcement of the plaza standards, including, but not limited to increasing fines or requiring periodic recertification; and be it further

RESOLVED, That Community Board Five encourages City Planning to promote the creation of self-cleaning bathrooms whenever possible.

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

WHEREAS, This application came before the Land Use and Zoning Committee because the proposed modification would significantly alter covered pedestrian space (CPS) created by the developer in exchange for bonus density; and

WHEREAS, The building’s CPS is currently configured as a public entrance on Fifth Avenue, a public walkway at ground level around a central three story retail atrium, a concourse level seating area, and an arcade with a public entrance on 47th Street; and

WHEREAS, The application states that the current arrangement of the CPS results in widespread neglect by the public due to the following design flaws:

WHEREAS, The configuration of the CPS is proposed to be altered by eliminating the Fifth Avenue entrance and replacing it with retail, in conformance with the current guidelines, eliminating the concourse level and below grade atrium, installing seating, lighting and planters, constructing a glass wall that will separate the escalators and office entrance from the CPS, and

WHEREAS, The CPS in the proposed renovation would be more visible, accessible, alluring and therefore more widely used by the public because of the following changes:

WHEREAS, The existing CPS is about 3, 340 square feet, and the proposed CPS will be about 3,612 square feet, which square footage results in essentially the same bonusable area as the original; and

WHEREAS, The space occupied by the planned food and beverage café will not come out of the CPS total; and

WHEREAS, The applicant has been responsive to the Department of City Planning’s concern for the quality of public space:  the current design was redone to reflect City Planning’s aversion to the East 47th Street arcade; and

WHEREAS, The applicant has said they will reappear before the Land Use and Zoning Committee should their plans change before approval by the Commission; and

RESOLVED, That Community Board Five recommends approval of the requested modification to the bonused public space at 575 Fifth Avenue.

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

WHEREAS, 24 West 30th Street is in a M1-6 zone, and four and one-half floors were previously converted to residential units under the NYS loft law; and

WHEREAS, The building is approximately 25 ft. wide by 98 ft. deep, and is 12 stories tall, totaling 26,900 sq. ft.; and

WHEREAS, The Applicant acquired the building in 1982 with 4 floors of rent-stabilized residential units, on floors 6,7,9,12 and one-half of floor 5, and the remaining floors above the ground floor used for commercial and light manufacturing purposes; and

WHEREAS, The BSA expressed concerns about conversion of the entire building to residential and requested that floors 2,3 and 4 remain commercial, to which the Applicant has agreed; and

WHEREAS, Of the three and one-half floors proposed for conversion, two and one-half floors are vacant, and one floor is currently occupied by a commercial user; and

WHEREAS, Issuance of a variance requires a finding of economic hardship, caused by a unique or unusual condition of the property, and the Applicant has demonstrated that the 25 ft. width of the building creates spaces that cannot be rented for the allowable uses at market rents; and

WHEREAS, Although concern was expressed about the disappearance of class B and C office space in Manhattan, available to small businesses and non-profit groups, it was felt the relatively small percentage of the building being converted would have a minimal impact on the market; therefore be it

RESOLVED, Community Board Five recommends approval of the application for the conversion of the building from commercial to residential use pursuant to Z.R. §72-21.

The substitute resolution passed with a vote of 20 in favor, 15 opposed, 3 abstentions.

WHEREAS, 400 Fifth Realty LLC is proposing to construct a 57-story building designed by Gwathmey Siegel & Associates, containing residential, hotel and retail uses at 400 Fifth Avenue; and

WHEREAS, The zoning lot containing 400 Fifth Avenue is located within the Special Fifth Avenue Subdistrict of the Special Midtown District at 36th Street; and

WHEREAS, After a previous owner and previous architect came before Community Board Five, the applicant, who became the owner in November 2005 and hired new architects, came before Community Board Five and its Landmarks Committee in October 2006 to present this project, the building's proposed design and a preservation plan for 401 Fifth Avenue, at which time the Board voted to approve the project; and

WHEREAS, The Landmarks Preservation Commission considered this project at a hearing on 10/31/06 and a public meeting on 11/14/06, and after the applicant continued to make minor modifications to the proposal, issued its unanimous approval and a favorable report to the Department of City Planning on 12/1/06; and

WHEREAS, The applicant is requesting from the Department of City Planning a Special Permit to allow the transfer of 173,692 square feet of floor area from the zoning lot directly across the street containing 401 Fifth Avenue, which is the Tiffany & Company Building, a designated landmark; and

WHEREAS, The applicant is requesting a waiver of height and set-back requirements that would permit the current design to be built without encroaching upon or overshadowing the adjacent building, 404 Fifth Avenue, which is a designated landmark; and

WHEREAS, The applicant is requesting a special permit to modify the Zoning Resolution to permit it to provide only half of the normally required pedestrian circulation space, i.e., approximately 800 square feet instead of approximately 1600 square feet, because the applicant maintains that to provide all of the space would have a negative impact on the Fifth Avenue street wall; and

WHEREAS, After a study of the traffic on West 36th Street as well as Fifth Avenue, the applicant will locate the hotel entrance on Fifth Avenue, adjacent to the retail spaces, and the service and residential entrances on West 36th Street; and

WHEREAS, Since current rules in the Fifth Avenue Special District do not permit hotel entrances on Fifth Avenue,  the applicant is  requesting a text amendment that will permit it to have the hotel entrance on Fifth Avenue; and

WHEREAS, Although concerns were raised about the value of the Preservation Plan for 401 Fifth Avenue as compared to the value of the development rights being transferred and the desirability of such a tall tower with no setbacks being built near the Empire State Building, it was felt that because 401 Fifth Avenue already had a Preservation Plan in place from a previous transfer of development rights, and due to the superior quality design for the proposed building, one that was unanimously approved by the Landmarks Preservation Commission, that these concerns should not be obstacles to our support for this project; and  

WHEREAS, This new building, designed to be harmonious with the adjacent buildings, including the Empire State Building, will bring new retail, hotel and residential resources to a section of midtown that will benefit from a development of this quality;  therefore be it

RESOLVED, That Community Board Five recommends approval of the application for 400 Fifth Realty LLC for special permits to allow the transfer of 173,692 square feet of floor area from the zoning lot containing 401 Fifth Avenue, to provide a reduced amount of Pedestrian Circulation Space as set forth in their application, to modify height and set-back requirements as set forth in their application, and to permit a hotel entrance on Fifth Avenue.

The above resolution passed with a vote of 22 in favor, 13 opposed, 2 abstentions, 1 present not entitled to vote.  

WHEREAS, The proposed amendment would add new zoning text to Section 15-41, Enlargements of Converted Buildings, that would allow, by authorization, for a waiver of the open space requirements contained in Section 15-12 for the portion of the building being converted to residential use, and would allow the maximum floor area ratio to be achieved on the subject site irrespective of the site meeting its required height factor or open space requirements; and

WHEREAS, Under the current zoning, the portions of a building undergoing residential conversion and the potential enlargement of that building are each required to provide a certain amount of on-site open space; and

WHEREAS, The open space equivalent for the part of the building being converted can be placed on the roof, but the open space equivalent for the enlargement cannot be located on the roof due to the open space ratio provisions of height factor zoning; and

WHEREAS, The text amendment would facilitate the progress of the applicant’s project, namely, the enlargement and residential conversion of an existing commercial building located on the midblock between W. 10th and Charles Streets and West and Washington Streets, in Community Board Two in Manhattan; and

WHEREAS, The type of enlargement the amendment would allow reflects a change in thinking in urban design away from height factor buildings, which promote development of tall buildings surrounded by open space, allowing for more flexibility in conversion projects.  Specifically, meeting the open space ratio requirements of the current zoning entails tearing down an existing structure and building a new one from scratch, while the proposed text amendment would allow existing buildings to be preserved and used as a base for enlargements; and

WHEREAS, The amendment sought is not a mechanism to allow building projects to add more bulk, but to arrange the allowed bulk differently; and

WHEREAS, The proposed amendment would not diminish the amount of open space available to the general public since the open space created by current zoning regulations is only required to be available to residents; and

WHEREAS, The proposed amendment currently only applies to the project in Community Board Two, the Department of City Planning considers the issue to be a general issue of preservation and therefore requested that the proposed changes be incorporated into the Zoning Resolution; and

WHEREAS, The waiver created would not be as of right and would require an applicant to meet the stipulated findings before the City Planning Commission; and

WHEREAS, This application was approved by the five other community boards to which it was presented; therefore be it

RESOLVED, That Community Board Five recommends approval of the requested zoning text amendment to waive, with authorization, existing height factor or open space requirements for buildings being converted to residential use.

WHEREAS, the Applicant, 110 East 16th St. Associates, LLC, operates a free standing nine-story-and-roof public parking garage comprised of 196 parking spaces and located at 110-112 East 16th Street; and

WHEREAS, The City Planning Commission originally approved the application for construction of the garage in 1961 and has twice extended the term for a period of ten years; first in 1986 and then in 1997; and

WHEREAS, The garage was originally approved and built according to the standards of the pre-1961 Zoning Resolution, and the owner has voluntarily made improvements to the facilities, such as curb cuts and staging spaces, in cooperation with the City Planning Commission in order to make them comply with the current Zoning Resolution; and

WHEREAS, No complaints have been received concerning the garage; and

WHEREAS, There is a great need for parking in the Union Square neighborhood; therefore be it

RESOLVED, That Community Board Five recommends approval of the requested renewal of the authorization of the public parking garage located at 110-112 East 16th Street for a third ten-year term.

The above resolution passed with a vote of 37 in favor, 0 opposed, 1 abstention.  

WHEREAS, Carlisle 839 LLC is seeking permission to build a below grade attended public parking garage at 839 Sixth Avenue, between West 29th and West 30th Streets, in a C6-4X and M1-6 zoning district, pursuant to Section 13-562 and Section 74-52 of the Zoning Resolution; and

WHEREAS, The proposed public parking garage will be part of a new as-of-right development that will include a 46-story, 388,900 square-foot, mixed-used building as permitted in the C6-4X and M1-6 zoning district, that will include a combination of rental residential, hotel, and retail space as well as a through-block 10,819 square-foot urban plaza located west of the building, running between West 29th and West 30th Streets, under which the below grade parking garage will be located; and

WHEREAS, In order to construct the new mixed-use development, a three-story public parking garage with 560 parking spaces and entrances on Sixth Avenue, West 29th Street and West 30th Street, which had most recently been granted a special permit for operation in 2001, is being demolished; and

WHEREAS, The proposed public parking garage, which will be entirely below grade, will have 529 parking spaces, a reduction of 31 spaces; and

WHEREAS, Entrances and exits for the new, below grade public parking garage will be located only on West 29th and West 30th Streets, thereby not creating traffic impacts on Sixth Avenue; and

WHEREAS, The ventilation system for the below grade public parking garage will be supported by the garage's open air entrances and exits as well as a vent located 12 feet above the roof of the garage's entrance on West 29th Street; and

WHEREAS, The new parking garage will be entirely open to the public, in operation 24-hours a day, and with all parking done by attendants and no self-parking; and

WHEREAS, The application meets the Location of Access to Street regulations required by the City Planning Commission of public parking garages in C6 zoning districts;

WHEREAS, Due to the increased development in the neighborhood, the site's proximity to the busy Herald Square area, as well as the anticipated demand for parking from the 839 Sixth Avenue development itself, the proposed new public garage would help accommodate the demand for parking in this neighborhood; therefore be it

RESOLVED, That Community Board Five recommends approval of the application of Carlisle 839 LLC for a below grade attended public parking garage at 839 Sixth Avenue.

The above resolution passed with a vote of 29 in favor, 0 opposed, 1 abstention.

WHEREAS, Carlisle 839 LLC is seeking permission to include an open air café as part of an urban plaza that is a portion of a proposed development that will be built at 839 Sixth Avenue, between West 29th and West 30th Streets, pursuant to Section 37-04(g)(5) of the Zoning Resolution to allow an Open Air café as a permitted obstruction within a proposed plaza at the 839 Sixth Avenue, Block 805, Lot 59; and

WHEREAS, The development will be a 46-story, 388,900 square-foot, mixed-use building as permitted in the C6-4X and M1-6 zoning district, that will include a combination of rental residential, hotel, retail and public garage space as well as a through-block 10,819 square-foot urban plaza located west of the building, running between West 29th and West 30th Streets, with access from either end, as well as via the rear of the building; and

WHEREAS, In exchange for the plaza, the applicant will receive a total of 64,864 square feet of bonus floor area, a bonus ratio of 6:1 square feet of plaza; and

WHEREAS, The plaza will consist of a series of seating areas including 51 movable chairs, 27 fixed chairs, 24 benches,  5 fixed benches, tables, a reflecting pool/fountain, a kiosk from which food can be purchased, plantings and other decorative features; and

WHEREAS, The applicant wishes to add mid-plaza an open air café with 16 tables and 32 chairs, a number that is less than that what is allowed under the current rules, adjacent to the section of the building where a restaurant is planned to be built with the restaurant operator, who is yet to be chosen, operating and maintaining this open air café; and

WHEREAS, This neighborhood has already seen large scale residential complexes built further south on Sixth Avenue and this area would benefit from amenities that would bring services, street traffic, and security into the neighborhood; and

WHEREAS, Consideration should be given to the security benefits of installing gates at either end of the urban plaza making it possible to close the plaza during late night hours, although this should be done in a way that doesn't permit access to the plaza via the building by private residents and hotel/restaurant guests and thus excluding only the public; and

WHEREAS, Because of the scope of this planned development, the developer and any ensuing owners of this planned complex would have numerous incentives to maintain, keep secure, and responsibility operate the proposed open air café; therefore be it

RESOLVED, That Community Board Five recommends approval of the application of Carlisle 839 LLC for an open air café to be added to the urban plaza at the proposed development at 839 Sixth Avenue.

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

WHEREAS, 5-7 East 17th LLC is seeking to covert the entire 2nd floor and portions of the 4th, 5th, and 8th floors, pursuant to ZR Section 15-20(b), and to approve the cancellation of the restrictive declaration pursuant to ZR 15-214 at 5-7 East 17th Street a.k.a 10 East 18th Street; and

WHEREAS, The applications are not subject to ULURP; and

WHEREAS, On 8/14/1990 a zoning certification (N890723 ZCM) was approved for the residential use of the 3rd, 6th, and 7th floors and portions of the 4th, 5th and 8th floors; and

WHEREAS, Pursuant to Section 15-20(b) of the Zoning Resolution the requirements of Section 15-21 of the Zoning Resolution may be waived in connection with the conversion of all or any portion of a non-residential building to a residential use, provided that the Applicant has met the following requirements:

• Such non-residential building is either a landmark or lies within a Historic District:

The building is located entirely in a M1-5M District and within the Ladies Mile Historic District.

• Any alterations to the subject building, required in connection with such conversion to residential use, have received a Certificate of Appropriateness or other permit from the Landmarks Preservation Commission (LPC):

LPC has issued a Permit/Certificate of No Effect, dated November 22, 2005, setting forth the alterations to the building in connection with the conversion to residential use.

• A program has been established for continuing maintenance that will result in the preservation of the subject building or buildings as evidenced by a report from the LPC:

A declaration setting forth a program for continuing maintenance, as approved by the LPC, has been executed and acknowledged by the applicant, and is on file with LPC. 

• Such non-residential building, or portions thereof, being converted to residential use, shall comply with the density requirements set forth in Section 74-711 paragraph (a)(3) of the Zoning Resolution:

The building, as converted to residential use, will comply with such density requirements; and

WHEREAS, The application also states that the granting of the requested authorization by the City Planning Commission would have minimal adverse effects on the conforming uses located within the building and in the surrounding area.  In addition, that residential use is already permitted in a large portion of the building and a number of buildings in the immediate area already permit residential use; and

WHEREAS, The existing class B office space is currently vacant; and

WHEREAS, The existing residential tenants of the building are comprised of mostly market rate tenants and a small number of rent stabilized tenants, who will remain in the building; and

WHEREAS, The ground floor retail space will continue to be occupied by Barnes & Noble; and

WHEREAS, The developer wants to convert the non-residential units to condominiums with units ranging in the 3000 square foot range; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to covert the entire 2nd floor and portions of the 4th, 5th, and 8th floors, pursuant to ZR Section 15-20(b), and to approve the cancellation of the restrictive declaration pursuant to ZR 15-214 at 5-7 East 17th Street a.k.a 10 East 18th Street.

WHEREAS, The building located at 141 Fifth Avenue is in a C6-4M zone and in the Ladies' Mile Historic District; and 

WHEREAS, The original building was constructed in two phases in 1899 and 1901 and designed by Robert Maynicke and Henry Edwards Ficken, respectively; and

WHEREAS, The building footprint covers 8,133 SF, and floors 2-13, which are proposed to be rezoned, contain 82,823 SF of existing office space, of which 59,612 SF are occupied and 23,211 SF are vacant; and

WHEREAS, A partial residential extension will also be added to the 11th through 14th floors of the building using reallocated floor area from the removal of a 12-foot section in the rear of the building; and

WHEREAS, Z.R. §15-20 permits commercial conversion to residential use as long as 50% of the building's square footage is preserved for commercial use in that same or another building; and

WHEREAS, The building is located in the Ladies' Mile Historic District, it is eligible for conversion of 100% of the square footage as long as the Landmarks Preservation Commission issues a Certificate of Appropriateness and a maintenance plan has been filed; and 

WHEREAS, Although the Landmarks Committee of Community Board Five had previously voted to deny the application, the Landmarks Preservation Commission granted the Certificate of Appropriateness to the building for the historic restoration of the building's façade, including the recreation of the fourth floor balcony and cornice, the restoration of the historic storefront, the installation of new, wood, one-over-one windows on the Fifth Avenue facade, and restoration of the current cupola to its historical grandeur; and

WHEREAS, The number of dwellings complies with the density regulations of both 74-711 and 15-111; and

WHEREAS, The Landmarks Preservation Commission has issued a report supporting this application as a result of the extensive restoration program; and

WHEREAS, A program has been established to continue maintenance that will result in the preservation of the building; and

WHEREAS, The general area of the building is characterized by a mix of commercial and residential loft use; and

WHEREAS, A recent rezoning from M1-6M to C6-4A from West 17th to West 22nd Streets has resulted in an increasing amount of residential construction and condominium conversion in the neighborhood; and

WHEREAS, Even without the authorization from the NYC Department of City Planning, the developer is entitled to purchase preservation rights from another building and proceed with the planned use change excluding the restoration plans the developer has in place; and 

WHEREAS, Community Board Five also is encouraging the developer to pursue paths to build moderate income housing within the borough of Manhattan; therefore be it

RESOLVED, Community Board Five recommends approval of the application for the conversion of the building located at 141 Fifth Avenue from commercial to residential using Z.R. §15-20.

The above resolution passed with a vote of 17 in favor, 12 opposed, 3 abstentions.  

Community Board Five’s Land Use and Zoning Committee hosted a presentation about the proposed Extell Diamond Tower, to be built in the Diamond District, West 47th Street, New York, by Extell Development LLC.  We also heard comments from representatives of the newly-formed Coalition to Save the Diamond District, comprised of local property owners and tenants on 47th Street, opposing the grant of tax abatements from New York City Industrial Development Agency (“IDA”) to the developer.

It is our understanding that the new tower is to be built as-of-right, including the use of air right transfers which have not yet been completed, and is anticipated to be between 600,000 and 750,000 square feet.  The tower will run through the block between 47th and 46th Streets, contain a secure underground parking facility and may also contain a Diamond Museum and a training facility.   The developer has stated his intention to construct a commercial office building, and will market it primarily to diamond and jewelry-related

businesses.

We also understand that the IDA has preliminarily agreed to provide abatements in the sales, mortgage recording and property taxes; the exact amount of the City’s financial assistance will be determined on a scale correlating to the percentage of the building occupied by diamond and jewelry tenants, in general, and those new to, or expanding in, New York City.  Specifically, the full benefits would be available if 85% of the new building is comprised of diamond and jewelry tenants, and at least 50% of the space is occupied by new or

expanding diamond and jewelry tenants; conversely no benefits are available if less than 65% of the building is occupied by diamond and jewelry tenants or less than 20% of the building is occupied by new or expanding diamond and jewelry tenants.  The developer estimates these benefits to be worth between $5 and $6 per square foot annually, over a ten year period.

Community Board Five is pleased to see a private developer interested in revitalizing the Diamond District.  The new building will have the potential to reenergize the street.

Additionally, the new building will provide additional Class A space and offer valuable services such as secure, off-street unloading facilities.  We believe the new building will contribute to making the Diamond District more competitive to other national and international centers, and will by attracting new dealers, retailers and industry affiliated businesses. 

Coalition representatives expressed concern that the developer, in order to fill the office spaces in the new tower, will “poach” existing tenants currently in the Diamond

District to the detriment of existing building owners and, further, that through name changes or other means, the tenants will attempt to be classified as new or expanding businesses to qualify for the abatements.   The Coalition is concerned about the possibility that the new tower may destabilize the Diamond District, rather than reenergize it.

While Community Board Five does not oppose the issuance of tax abatements to Extell Development LLC, we would prefer to see these incentives as part of a much larger program that would benefit all of 47th Street and demonstrate the City’s

firm commitment to improve the entire Diamond District.   The Coalition to Save the Diamond District is an ideal group to help the City of New York identify the needs of the Diamond District, and to work collaboratively with the City of New York to implement those critical upgrades. We hope that the Coalition and Extell Development LLC will realize they each benefit from the other’s existence.  Together, their cooperative efforts can make theDiamond District stronger, safer and more prosperous.

We request that City officials meet with the Coalition to Save

the Diamond District in collaboration with Extell Development LLC to work toward a future vision for an industry that is crucial to the economic well-being of our City.  Community Board Five is available to facilitate any appropriate meetings.  Additionally, we urge the City to implement strong overview and enforcement of compliance with the terms set out by the IDA. 

Community Board Five is committed to the revitalization of the Diamond District, including both small diamond related businesses on 47th Street that have been family owned and

operated for generations, and new diamond and jewelry tenants that will burnish the District’s reputation throughout the world.

The above letter passed with a vote of 30 in favor, 0 opposed, 1 abstention. 

WHEREAS, In 1986, a predecessor of Bally Sports Clubs, Inc. was granted a special permit (which was subsequently amended several times) to operate a physical culture establishment in the Hotel Pennsylvania, aka Penta Hotel (401-415 Seventh Avenue), which currently extends into the adjoining Manhattan Mall (1275-1299 Broadway); and

WHEREAS, The special permit expired on January 15, 2006, and, in accordance with an application filed pursuant to Section 72-01 of the Zoning Resolution, Bally Sports Clubs, Inc. is seeking a ten-year extension; and

WHEREAS, There are no changes contemplated in the floor plan of the physical culture establishment, there are no pending violations, and there is no record of any complaints received regarding the operation of the facility; therefore be it

RESOLVED, That Community Board Five recommends approval of the request for a ten-year extension of the special permit of Bally Sports Clubs, Inc. to operate a physical culture establishment at the Hotel Pennsylvania aka Penta Hotel (401-415 Seventh Avenue), which extends into the adjoining Manhattan Mall (1275-1299 Broadway).

WHEREAS, Olympic Tower Associates is seeking a modification of the covered pedestrian space (CPS) on the ground floor of Olympic Tower, a mixed-use condominium building located at 645 Fifth Avenue between East 51st and East 52nd Streets, from the City Planning Commission (CPC); and

WHEREAS, In 1972 the CPC granted an authorization that permitted modifications of the height and setback regulations for 645 Fifth Avenue and in this authorization required a CPS, approving modification to the CPS in 1980, 1987, 2000 and 2003; and

WHEREAS, The CPS at 645 Fifth Avenue is an inviting public space that today includes a sky-lit waterfall, public seating, a café area, a retail shop featuring items of Hellenic origin or influence, and 19th century plaster casts of the Parthenon frieze sculptures, a space that has been well-maintained and has become a destination for both those interested in Hellenic culture and the general public; and

WHEREAS, The CPS included a 320 square foot area at the north end of the CPS to accommodate a newsstand but despite repeated attempts, low retail sales have meant no newsstand operator has been able to succeed with an operation in this location; and

WHEREAS, By permitting this modification the area now designated for a newsstand will be redesigned with improved lighting and be used  for displays of art and artifacts; and

WHEREAS, The Alexander S. Onassis Public Benefit Foundation (USA), a New York not-for-profit corporation wholly-owned by, and a subsidiary of, the Alexander S. Onassis Public Benefit Foundation, is a tenant in Olympic Tower leasing space for both its offices and the "Onassis Cultural Center;" and

WHEREAS, The Alexander S. Onassis Public Benefit Foundation will install and operate the displays of art and artifacts, including the installation of permanent display cases on the eastern and/or southern walls, plus movable cases in the current newsstand area; therefore be it

RESOLVED, That Community Board Five recommends approval of the application of Olympic Tower Associates for a modification to the covered pedestrian space at 645 Fifth Avenue that would permit the elimination of a newsstand and instead allow for rotating art and artifact displays.

WHEREAS, The Applicant, owns a two story vacant commercial property located at 143 West 30th Street, and has applied to the Board of Standards and Appeals ("BSA") for a variance to construct a 15-story residential building; and

WHEREAS, The BSDA requires findings for the issuance of a variance which are, in part, (a) that the site possess unique physical conditions, (b) that development of the site in conformance with the zoning will not bring a reasonable return and (c) that the variance will not alter the essential character of the neighborhood; and

WHEREAS, The site is located in an M1-6 zoning district which does not permit residential development; and

WHEREAS, The lot size of the site is 25' wide by 98' deep, which is generally considered too small a floorplate for commercial purposes, and the Applicant has tried unsuccessfully to rent the existing building for commercial use; and

WHEREAS, The Applicant has provided an Economic Analysis showing that there is no possibility of a reasonable return on the market value of the site if developed in conformance with the existing zoning (which would permit light manufacturing, commercial ort hotel uses); and

WHEREAS, The Applicant agreed to (a) provide notice in the lease or offering documents given to future residents of the building that it is located in a manufacturing zone and there may be noise at times and at ambient levels greater than that experienced in residential zones, and (b) provide bicycle racks for use by occupants of the building; and

WHEREAS, Although a map of the uses of other buildings on the block shows very few residential buildings (other than lofts which may be used for residential), there is little likelihood that conversion of this site will encourage a rezoning of the area; and

WHEREAS, Concern was expressed that the owner of the adjoining property, a two story building with about 100' street frontage would perceive this application as a precedent, but, at the suggestion of the Land Use and Zoning Committee, the Applicant spoke to that owner to propose common development in conformance with the zoning, and was told there is no immediate interest in developing that property, therefore be it

RESOLVED, that Community Board Five recommends approval of the variance permitting construction of a 15-story residential building at 143 West 30th Street.

WHEREAS, The applicant located at 41 Madison Avenue seeks to renew certification to permit an open air café and café related kiosk to be located along the East 26th Street portion of the public plaza; and

WHEREAS, The current plaza is approximately 4,785 square feet and the requested open-air plaza café is 957 square feet, approximately 20% of the plaza space, and includes a retractable canopy; and

WHEREAS, It is located midway along the 26th Street Plaza and will consist of 21 tables with 68 seats total and a moveable antipasto/service bar with 20 seats; and

WHEREAS, The space from the building to the edge of the plaza property is 15 feet and the space from the edge of the plaza property to the edge of the sidewalk is 12 feet; and

WHEREAS, The restaurant prior to this applicant, Chez Elle, held a permit for an open-air café on this space. 41 Madison LP which owns the new restaurant, A Voce, seeks to renew the permit; and

WHEREAS, The owners are committed to maintaining the amenities on the public plaza and is a significant contributor to Madison Square Park; therefore let it be

RESOLVED, That Community Board Five recommends approval of the permit for 41 Madison LP to operate an open  air café on the public plaza on the southeast corner of East 26th Street and Madison Avenue.

The above resolution passed with a vote of 30 in favor, 0 opposed, 2 abstentions.  

WHEREAS, The Applicant, Cinza 30 CPS, Inc., seeks to reopen and amend a previously granted variance (#595-44BZ) to allow a change of use from Use Group 12 (permitting a restaurant) to Use Group 6 (permitting office use) for the 15th floor of 30 Central Park South; and

WHEREAS, The Applicant was granted a variance in 1955 to change the use of (a) the ground through 14th (partial) floors of the building from residential to professional use and (b) the 14th (partial) and 15th floors to restaurant use; and

WHEREAS, The variance was extended four times, in 1974, 1984, 1994 and 2005; and

WHEREAS, The Applicant intends to use the 15th Floor as office space, which is more compatible with the uses in the building and the surrounding blocks; and

WHEREAS, Community Board Five has consistently approved the prior variances and the extensions of term and no complaints have been received concerning the building; therefore be it

RESOLVED, Community Board Five recommends approval of the application to reopen and amend a previously granted variance to permit a change in use from a Use Group 12 restaurant use to a Use Group 6 office use on the entire 15th floor located at 30 Central Park South.

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

WHEREAS, The 23rd Street Development, LLC has applied for a special permit from the City Planning Commission pursuant to Section 74-711 of the Zoning Resolution to grant bulk and use waivers for non-conforming use, as well as modifications of height, setback and rear yard requirements for a new 21-story residential condominium building located at 35-37 West 23rd Street and 39-41 West 23rd Street on the north side of West 23rd Street between 5th and 6th Avenues in the Ladies' Mile Historic District; and

WHEREAS, The bulk of the proposed new building violates zoning regulations for the following:

• the maximum front wall height allowed

• the required front setbacks

• the required sky exposure plane

• the minimum rear yard required

• the special provisions for through lots; and

WHEREAS, The bulk of this new building encroaches:

• 40 feet over the rear yard

• Just under 15 feet into the sky exposure plane

• 15 feet into the front setback distance; and

WHEREAS, The bulk of the proposed new building significantly destroys the continuity of the elegant decorative historic street wall and despoils the special aesthetic character of the Ladies' Mile Historic District streetscape; and

WHEREAS, The sizable and numerous spatial encroachments of the bulk of the new building negatively impacts the open space in the vicinity; and

WHEREAS, The adjacent midblock structures are 6 stories to the east, 9 stories to the west and overall average of 12 stories for the buildings in the vicinity; and

WHEREAS, This oversized 21-story midblock building is uncharacteristic for the district and its height will cast deep new shadows across the neighborhood; and

WHEREAS, The applicant's three dimensional drawing fails to show the more relevant and important blocks of the district between 5th and 6th Avenues that would best demonstrate the incongruous relationship between the proposed building and the surrounding neighborhood; and

WHEREAS, The applicant's building height study claims that 57% of midblock buildings are taller than either buildings on their corner, these midblock buildings cited in the study average 12 stories tall with 2 to 5 story buildings at the corners with the actual building heights curiously missing from the study; and

WHEREAS, The negative impact on the surrounding buildings in the immediate vicinity of the site by the substantial encroachment will result in diminished access to light and air; and

WHEREAS, Even if this building were located on the end of the block where the average is 12 to 15 stories, it would still far be incongruous to the neighborhood; and

WHEREAS, The nonconforming residential use is not consistent with the existing use patterns, since all other adjacent residential units provide for live/work uses, and the only emerging residential uses in the vicinity are the buildings surrounding Madison Square Park (per zoning changes in 1960) and the recently rezoned residential corridor which runs up both side of 6th  Avenue, where 7 new residential end of block towers have been built or are currently under construction; and

WHEREAS, Community Board Five sees no public benefit gained by granting these bulk and use waivers; and

WHEREAS, The only reason given by the applicant for requesting these bulk and use waivers is to maximize the square footage of the new building; and

WHEREAS, Community Board Five sees significant advantages to additional hotel space or other as-of-right commercial uses in the district; and

WHEREAS, The New York City Zoning Resolution under Chapter 4 Special Permits by the City Planning Commission - General Provisions - empowers the Commission to grant special permits in specific districts for waivers of bulk and use regulations provided that the disadvantages to the community are outweighed by the advantages derived by the community from the grant of such special permit, and that any adverse effects on the light and air in the neighborhood will be minimized by appropriate conditions governing location of the site and design; and

WHEREAS, The City Planning Commission must set forth each required finding for the grant of a special permit for the  modification of bulk or use regulations, and each finding must be supported with substantial evidence and the required findings have not been met to the satisfaction of Community Board Five; and

WHEREAS, The New York City Zoning Resolution code 74-711 empowers the City Planning Commission to grant a special permit for waivers of use and bulk regulations with the stipulation that the Commission substantiate the following findings:

• Such bulk modifications shall have minimal adverse effects on the structures or open space in the vicinity in terms of scale, location and access to light and air

• Such use modifications shall have minimal adverse effects on the conforming uses within the building and in the surrounding area; and

WHEREAS, Such substantiated findings are not supported with credible evidence and cannot be reached since this building violates the bulk and spirit of the Ladies' Mile Historic District; and

WHEREAS, 42nd Street, another wide cross street within Community Board Five, is comprised of tall end of the block buildings with low rise historic theater buildings located midblock, achieved through conformance with the underlying principles of the zoning resolution and  City Planning Commission Guidelines; and

WHEREAS, In May 2005 Community Board Five recommended denial of this application to the Landmarks Preservation Commission due to the building's extreme modern architecture and its incompatible character with one of New York's most renowned historic districts; therefore be it resolved

RESOLVED, Community Board Five recommends denial of the application requesting a special permit for bulk and use waivers for the proposed new building.

WHEREAS, 520 Madison Owners, L.L.C. is applying for a CPC Chairperson's Certification to permit an open air café within an urban "bonus" plaza; and

WHEREAS, This proposed open air café:

• Will be in the urban "bonus" plaza located on East 53rd Street, on the west side of the 43-story office tower at 520 Madison Avenue; and

• Will be operated by a restaurant called "Alto" that is already in operation at the rear, north end of the plaza; and

• Will be in an area of approximately 522 square feet at the rear of the plaza, separated  from the public area of the plaza by movable table-height barriers made of canvas and bronze, similar to the decorative materials already in use in the adjacent office building lobby and in the approved existing plaza signage; and

• Will encompass movable tables and seating for no more than 28 restaurant patrons, plus a small wait station; and

• Will be in operation from mid-day to approximately 11:00 p.m., from April to October; and

WHEREAS, When this urban plaza was built it complied with regulations in place in 1980 and subsequent zoning changes make it permissible for an open air café to be added as long as the CPC Chairperson certifies that the café that will not exceed 20% of the area of the 2,600 square foot plaza; and

WHEREAS, This proposed open air café meets the requirements of ZR Section 37-04(g)(3) in that it will be open to the sky and complies with the 20% area limitation; and

WHEREAS, The applicant proposes to reconstruct the plaza's perimeter wall to add 48 feet of new 24-inch-deep seating to offset the loss of seating on two granite benches at the north end of the plaza that will not be accessible to the public during the hours that the café is in operation; and

WHEREAS, The opening of an open air café at the rear of this plaza will not change the existing lighting nor displace any of the moveable tables and chairs nor interfere with continued public use of and access to the plaza, one that is frequented and valued as an amenity by neighborhood office workers and others; and

WHEREAS, This urban plaza is well maintained with plantings and seating that exceed the requirements of urban plazas; therefore let it be

RESOLVED, That Community Board Five recommends approval of the application of 520 Madison Owners, L.L.C. for a CPC Chairperson's Certification to permit an open air café in the urban plaza located at 520 Madison Avenue.

WHEREAS, The applicants are both subsidiaries of ElAd Properties ("Owner"), who is conducting a major renovation and restoration of the Plaza Hotel, located at 768 Fifth Avenue; and

WHEREAS, On May 11, 2006, Community Board Five voted to approve an application for a Special Permit, pursuant to ZR §74-711, to permit the Owner to change some of the interior usage of the Hotel; and

WHEREAS, The Owner wishes to amend the application for a Special Permit to permit the installation of exterior signage on the portions of the Hotel located in a R10-H district, where they would otherwise be disallowed unless installed as an accessory to hotel use; and

WHEREAS, The application specifies the retention of the existing bronze lettered signage for the Oak Bar and Oak Room on the front and sides of the entrance canopy, and stenciled signs on the windows facing West 59th Street, and for new signage as follows:

• One metal plaque, no larger than 16"x 16", on one of the two sides of the Oak Bar entrance door on West 59th Street,

• One metal plaque, no larger than 16"x 24", located on one of the two sides of the West 59th Street retail entrance

• Two metal plaques, no larger than 16"x 24", on each side of the secondary hotel entrance on Grand Army Plaza,

• Two metal plaques, no larger than 16"x 24", on each side of the hotel entrance on West 58th Street

• No more than five painted signs (one per window), no larger than 12"x 24", to be stenciled on the lower window pane of each of the windows in the Edwardian Room facing West 59th Street

• No more than eight painted signs (one per window), no larger than 12"x 24", to be stenciled on the lower window pane of each of the windows facing Grand Army Plaza

• No more than six painted signs (one per window), no larger than 12"x 24", to be stenciled on the lower window pane of each of the windows facing West 58th Street; and

WHEREAS, The size, location, material, typeface and appearance of the signs will be subject to review by Community Board Five and approval by the Landmarks Preservation Commission ("LPC") at a later date; and

WHEREAS, The Owner has previously agreed to submit a Master Plan for the interior and exterior signage of the Building to the LPC; and

WHEREAS, The Owner did agree to include fewer painted window signs in its LPC application than would be permitted by the Special Permit; and

WHEREAS, The limited number and restrained locations of the signage will be consistent with the elegance of the Plaza Hotel; therefore be it

RESOLVED, That Community Board Five recommends approval of the amendment to the Special Permit to permit installation of exterior signage on the portions of the Plaza Hotel located within an R10-H zone.

WHEREAS, The applicants are both subsidiaries of El Ad Properties ("Owner"), who is conducting a major renovation and restoration of the Plaza Hotel, located at 768 Fifth Avenue; and

WHEREAS, At a meeting March 10, 2005, the Board of Community Board Five opposed the issuance by the Landmarks Preservation Commission ("LPC") of (1) a Certificate of Appropriateness for certain exterior modifications and (2) a report for a Special Permit pursuant to a Preservation Plan, on the primary grounds that certain interior rooms of great architectural and historic significance might be damaged; and

-

 WHEREAS, The LPC, with the cooperation of the Owner, designated certain rooms and circulation spaces as interior landmarks, including the Oak Bar and Oak Room, the Edwardian Room, the Terrace Room and the Ballroom; and

WHEREAS, On July 12, 2005, the LPC (1) found that the Owner had agreed to undertake interior and exterior renovation work and to create and fund a program for on-going maintenance of the building (the Owner anticipates maintaining a fund of approximately $1,000,000 which will be spent on historic maintenance by a Board of Managers made of up the various ownership interest in the Hotel) and (2) voted to issue a report to the City Planning Commission in support of an application for a Special Permit, and on October 26, 2005, the LPC issued a Certificate of Appropriateness for exterior renovations; and

WHEREAS, The Plaza Hotel lies within two zoning districts: (a) approximately 40,000 square feet of the lot area on the

 portions facing Fifth Avenue and 59th Street, are R10-H, permitting residential use, with hotel use by special permit (from which the Plaza Hotel is grandfathered) and (b) approximately 14,000 square feet of lot area, on the westernmost portion facing 58th Street, are C5, permitting commercial, residential, hotel and retail uses as-of-right; and

WHEREAS, In the R10-H areas, retail, restaurant, banquet and health club uses are permitted as accessory to hotel use, however, because of the decrease in hotel rooms from approximately 800 to approximately 285 rooms, the Owner has applied to have certain spaces in the building converted to Special Permit uses; and

WHEREAS, The Owner plans to (1) continue using the Ballroom as a special event/banquet space, and the Oak Bar\and Oak Room as restaurant spaces, (2) move the existing health club to a space on the third floor comprising 6,254 square feet, (3) use the Edwardian Room as either retail space or a restaurant and (4) within the R10-H portion of the hotel, utilize approximately 72,080 square feet as retail use, divided as follows: 50,208 square feet below grade, 14,830 square feet on the ground floor (including the Edwardian Room) and 7,042 square feet (including the Terrace Room) on the mezzanine level; and

WHEREAS, Concerns were expressed about noise and traffic disturbances potentially generated by the two 12' high loading docks that will be serving the hotel, residential, restaurant and retail uses of the Plaza Hotel, however, should there be problems, the Owner has agreed to remain available to discuss noise abatement processes and other problems with neighbors; and

WHEREAS, Concerns were expressed about the installation of signage by a future retail tenant, and the Owner agreed to submit a Master Plan for retail signage to the LPC; and

WHEREAS, Great concerns were expressed about damage to the landmarked portions of the building by the conversion to retail use, arising from both the need for circulation access and future tenant installations, however, the only demolition within a designated area arising from the change of use is a portion of on wall in the access corridor to the Edwardian Room, and tenants will be required to have any installation plans approved by the Landmarks Preservation Commission; and

WHEREAS, The Owner has demonstrated great respect for the history and fabric of the Plaza Hotel, and has reasonably satisfied most concerns that the renovation/restoration of the spaces covered by the new uses will be consistent with the world-class nature of the Plaza Hotel; therefore, be it

RESOLVED, That Community Board Five recommends approval of the issuance of a Special Permit to permit portions of the Plaza Hotel located within an R10-H zone to be changed to retail, restaurant, banquet and health club uses.

The above resolution passed with a vote of 31 in favor, 7 opposed, 1 abstention.

WHEREAS, The SJP Residential Properties and Fifth Street Holdings, LLC (“Applicant”) plan to construct a mixed-use building of between 257,362 square feet and 286,200 square feet (the difference being the acquisition of additional development rights from the Martin Beck Theater subject to a separate ULURP Application), containing between 196 and 220 residential units; and

WHEREAS, The building lot had contained a parking lot of 53 transient spaces and the Zoning Resolution permits 46 accessory parking spaces to be constructed (based on the larger building size), permitting 99 parking spaces (accessory and transient) as-of-right; and

 WHEREAS, The proposed new building can accommodate 101 parking spaces; and

WHEREAS, There is a need for more off-street transient parking in the crowded Theater District; therefore let it be

RESOLVED, That Community Board Five recommends approval of the Special Permit to allow 101 transient parking spaces in a building to be constructed at 750 Eighth Avenue.

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

WHEREAS, The Martin Beck Theater (also called the Al Hirshfeld Theater) (a) is located at 302 West 45th Street in Community Board Four, (b) is a “Listed Theater” pursuant to ZR§81-742 and (c) is located on a split lot partially within the Special Midtown District Theater Subdistrict and partially within the Special Clinton District; and

WHEREAS, The portion of the Martin Beck Theater within the Special Clinton District is zoned C6-2 and carries and FAR of 4.2, and, under the current zoning, is not eligible to transfer its unused development rights to receiving sites within the Theater Subdistrict; and

WHEREAS, The portion of the Martin Beck Theater located within the Special Midtown Theater Subdistrict is eligible for the transfer of development rights to non-contiguous receiving sites in the Theater Subdistrict and Jujamcyn Theaters LLC, SJP Residential Properties and Fifth Street Holdings, LLC (collectively, the “Applicant”) have separately applied for the transfer of 36,437 square feet to two receiving sites, and

WHEREAS, The proposed text amendment will (a) permit any portion of a “Listed Theater” that is outside of the Theater Subdistrict (of which the Martin Beck is the only one) to be deemed a “granting site” able to transfer its unused development rights in conformance with ZR§81-744, and (b) change the FAR of a “granting site” located outside the Theater Subdistrict and in a C6-2 zoning district to 6.02; and

WHEREAS, The effect of the proposed text amendment will be to increase available development rights on the C6-2 portion of the Martin Beck Theater from 23,567 sf to   37,379 sf ; and

WHEREAS, All the other “Listed Theaters” are east of Eighth Avenue and are located in zoning districts with significantly higher FAR, mostly FAR of 12.0 or 15.0; and

WHEREAS, The opportunity to transfer development rights is a significant part of New York City’s plan to preserve and maintain legitimate theaters in the Theater Subdistrict; therefore let it be

RESOLVED, That Community Board Five recommends approval of the text amendment to the Zoning Resolution modifying certain provisions of the Special Midtown District and the Special Clinton District.

The above resolution passed with a vote of 27 in favor, 10 opposed, 1 abstention.    

WHEREAS, Under a separate ULURP application, an amendment to the text of the Zoning Resolution has been made, the import of which, if approved, would be to make available unused development rights for transfer from the Martin Beck Theater; and

WHEREAS, SJP Residential Properties, Fifth Street Holdings, LLC and Jujamcyn Theaters LLC (collectively, the "Applicants") have applied for an authorization by the City Planning Commission for the transfer of 28,900 square feet of those additional development rights to a new, mixed use building ("New Building") located at 750 Eighth Avenue; and

WHEREAS, The New Building, excluding the subject development rights, will be a receiving site for approximately 82,000 square feet of development rights from the Brooks Atkinson Theater and 29,104 square feet from the Martin Beck Theater, resulting in a building of 257,362 square feet, approximately 42 stories high containing about 220 residential units and 6,354 square feet of retail; and

WHEREAS, Including the subject development rights, the New Building will be approximately 286,200 square feet; and

WHEREAS, ZR§84-744(b) permits the transfer of additional development rights, above that permitted by certification, by an authorization to a receiving site within the Eighth Avenue Corridor of the Special Midtown Theater Subdistrict, so long as two additional findings are made by the City Planning Commission:

• that the new building relates harmoniously to buildings and open space in its vicinity in terms of scale, location and access to light and air, and

• the new building "serves to enhance or reinforce the general purposes of the Theater Subdistrict" (emphasis added); and

WHEREAS, While the New Building is of no particular architectural distinction, it is no bulkier than other buildings on the east side of Eighth Avenue; and

WHEREAS, The purposes of the Theater Subdistrict include the preservation and continued operation of legitimate theaters, assistance to the theater industry through contributions to a Theater Subdistrict Fund, promotion of plays and theater-related uses and promoting the welfare of the Theater Subdistrict generally; and

WHEREAS, No aspect of the New Building, other than its required contribution to the Theater Subdistrict Fund, can be construed to promote the welfare of the theater industry or subdistrict, specifically in that the Applicants a) are making no provision for allocation of space to theatrical activities or support companies and b) will not agree to limit the use of the retail space; and

WHEREAS, The requirement that the transfer of "bonus" amounts of development rights result in enhancement of the theater subdistrict was an integral and vital part of the  community's willingness to accept the increased density from new developments; and

WHEREAS, ZR§81-744(a)(5) requires the contribution of $10 per square foot of floor area to be deposited in the Theater Subdistrict Fund, which is to be administered by a Theater Subdistrict Council, and neither the Fund nor the Council has yet been established; and

WHEREAS, Although the Applicant has deposited its required contribution with an Escrow Agent, the absence of the Theater Subdistrict Council, which is charged with determining the priorities for the disbursement of the Fund to best meet the needs of the Theater Subdistrict and the goals of the legislation, render the contribution meaningless to the community; therefore let it be

RESOLVED, That Community Board Five recommends denial of the authorization for the transfer of 29,104 square feet of development rights pursuant to ZR§84-744(b) from the Martin Beck Theater to a new mixed use building to be located at 750 Eight Avenue; and be it further

RESOLVED, That the City Planning Commission be urged to reject any further applications under ZR§84-744(b) unless the applicants meet all the required findings consistent with the letter and spirit of the Zoning Resolution.

WHEREAS, The Martin Beck Theater (also known as the A1 Hirshfeld Theater), located at 302 West 45th Street, in Community Board Four, is a legitimate theater listed in ZR §81-742 and is permitted by the term of ZR §81-744 to transfer unused air rights to a development site within the Theater Subdistrict; and

WHEREAS, ZR §81-744 permits the transfer of unused air rights without a public hearing by the Community Board or the City Planning Commission provided that:

• the amount of floor area to be transferred increases the amount of floor area allowed on the receiving site by no more than 20%;

• the allowable floor area of the granting site is reduced by the amount of floor area transferred;

• the owner of the granting site agrees to continue the use of the granting site a legitimate theater for so long as the building constructed by using the transferred development rights is in existence; and

• an amount of money equal to ten dollars for each square floor of developments rights transferred is contributed to the Theater Subdistrict fund.

WHEREAS, The Applicants have applied for a Certification with regard to the transfer of 29,104 square feet of development rights from the Martin Beck Theater to a receiving site at 750 Eighth Avenue, within Community Board Five, thereby permitting construction of a building of about 257,360 square feet, including 195 residential units and about 6, 354 square feet of ground floor retail use; and

WHEREAS, The Applicants intend to file additional applications:

• to amend the Zoning Resolution to transfer a portion of the Martin Beck Theater from Clinton Special District to the Theater Special District, thereby increasing the floor area available to be transferred,

• for an authorization to transfer additional development rights, and

• to apply for a Special Permit for additional parking on the receiving site; and

WHEREAS, The Applicants declined a request by the Land Use Committees of Community Board Four and Five to withdraw their application so it could be considered at the same time as other applications; and

WHEREAS, This is the first application to transfer development rights pursuant to ZR §81-744 and is the first opportunity for Community Board Five to review all its provisions to ensure it will serve to "preserve and protect the character of the Theater Subdistrict as a cultural, theatrical and entertainment showcase" (ZR §81-71); and

WHEREAS, A Theater Subdistrict Council was to have been created, comprising the Mayor, two representatives appointed by the Mayor from the performing arts and related industries, the Director of the Department of City Planning, the designee of the Speaker of the City Council and the Manhattan Borough President, to receive, manage and disburse funds paid to the Theater Subdistrict Fund and neither the Council nor the Fund have been created; and

WHEREAS, The mission of the Council to utilize the Theater Subdistrict Fund to preserve and enhance the Theater District is of vital importance to Community Board Five, but no plan exists for the disbursement of the $291,040 to be placed in an escrow fund in anticipation of this transfer, nor for money paid in conjunction with future transfers; and

WHEREAS, Community Board Five's extensive concerns with the Theater Subdistrict Council and the Theater Subdistrict Fund are best addressed through a letter to the Chair of the City Planning Commission and extensive conversations with the staff of the Department of City Planning; therefore be it

RESOLVED, Community Board Five takes no action with regard to the application for a certification by the City Planning Commission pursuant to ZR §81-744(a), permittingthe transfer of air rights from The Martin Beck Theater to 750 Eighth Avenue; and be it further

RESOLVED, Community Board Five will be forwarding a letter to City Planning with additional details outlining our concerns regarding this application.

The above resolution passed with a vote of 24 in favor, 0 opposed, 1 abstention.

WHEREAS, 1515 Broadway was built in 1971 and issued a Certificate of Occupancy for 225 accessory parking spaces, however, it now houses approximately 386 parking spaces used for both accessory and public parking uses; and

WHEREAS, The owner

• acquired 1515 Broadway in 2002,

• became aware of the non-conforming parking garage during exploration of alternative uses of the ground floor area in the winter of 2003-2004,

• initiated an application to legalize the pre-existing use in early 2004 and pursued several revision of the application with the Department of City Planning until early 2005,

• filed a Environmental Assessment Study in March 2005,

• filed a ULURP application in June 2005, and

• received a certification of the application in March 2006; and

WHEREAS, Approval of the Special Permit will not

• change the existing use of the garage

• add any additional parking spaces to the garage

• nor increase vehicular traffic in the area and further parting in the Theater District during business and theater hours is needed; and

WHEREAS, Community Board Five has received a letter from the Times Square Alliance supporting the application; and

WHEREAS, Although the Community Board has frequently disapproved applications to legalize existing illegal uses, because the owner did not create the illegal use and has attempted in good faith to rectify it, and because issuance of a Special Permit will not change the actual use of the garage nor add to vehicular congestion in the area; therefore be it

RESOLVED, Community Board Five recommends approval of the special permit to allow 386 parking spaces at 1515 Broadway.

The above resolution passed with a vote of 25 in favor, 0 opposed, 3 abstentions.

WHEREAS, The building at 1107 Broadway is the northern parcel of a development site that includes the southern "Toy Building"; and

WHEREAS, The applicant, 200 Fifth LLC, seeks to install a 54-space public parking lot in the cellar level, with the entrance at 7 West 24th Street, and including a two-way ramp for egress and exit, and providing the required 10 reservoir spaces; and

WHEREAS, This will be an attended garage; and

WHEREAS, The inhabitants of the apartment building will have preference for parking, any unused space will be available for public parking; and

WHEREAS, This building will be developed as-of-right as part of the proposed condominium and will have minimal impact on the traffic on 24th Street; therefore�be it

RESOLVED, Manhattan Community Board Five recommends approval of the application by 200 Fifth LLC for a special permit for a public parking garage at 1107 Broadway.

The above resolution passed with a vote of 29 in favor, 0 opposed, 1 abstention.

WHEREAS, The applicant, Continental Residential Holdings, LLC, has provided findings that demonstrate satisfaction of the relevant portions of Article 1, Chapter 3, Sections 13-562, and Section 74-52 of the Zoning Regulations; and

WHEREAS, the following findings support the application for a special permit under Section 74-52 and 13-561:

(a.) The proposed use is compatible with existing land�uses in the immediate neighborhood and the site, i.e., it replaces an existing 20 space parking lot on the site.

(b.) The proposed use will not create or contribute to�serious traffic congestion or inhibit�pedestrian flow.

(c.) The proposed use is to be located so as to draw a vehicular traffic into and through an already commercially developed area with few residential uses.

(d.) The proposal provides for 10 reservoir space at the vehicular entrance.

(e.) The streets providing access to the proposed�project will require only minimal adjustments in traffic light timing and cause only minimal delays in traffic flow based on the EAS and Traffic LOS for the six surrounding intersections.

(f.) The proposed use requires no roof parking.

(g.) The proposed use requires no request for the exemption of floor space from the definition of floor area; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a special parking permit for an attended parking garage with a maximum capacity of 174 spaces on a portion of the first floor, cellar, and sub-cellar, of a proposed 41-story, mixed-use building located at 325 Fifth Avenue.

The above resolution passed with a vote of 24 in favor, 3 opposed, 1 abstention.

WHEREAS, On February 10, 2005, Manhattan Community Board Five approved an application for a special permit pursuant to Section 74-711 of the NYC Zoning Resolution to construct a new 15-story building on a parking lot recently rezoned from M-6 to C6-4A, and modification of bulk regulations for the proposed new residential building to be located at 27 West 19th Street; and 

WHEREAS, The February 10, 2005 resolution stated:  "The project is massed in a fashion (tall building next to short building next to tall building ) frequently found throughout the Ladies' Mile Historic District...compatible with the Historic District….thoughtfully integrated into its neighborhood;" and

WHEREAS, The 74-712 special permit requests three modifications to the NYC Zoning Resolution; and

WHEREAS, The proposed building will be 25 feet high, 150 feet wide and 62 feet deep, and the height, bulk and density is contextually compatible with the character of the district and the neighborhood; and

WHEREAS, The first requested modification reduces the required 30 foot backyard by 3 feet, 8 inches to 26 feet, 4 inches, to compensate for the alignment of the façade of the new building to the adjacent buildings which are setback on each side by 3 feet, 8 inches from the required street-front property line; and

WHEREAS, The second requested modification permits infill at the back of the building for the top 2.5 floors, adding an additional 10 feet on each of these floors to create a continuous plane, instead of the required setback for buildings more than 125 feet high; and

WHEREAS, The third requested modification permits the 60- foot height limit set by the Sliver Law to be increased to a proposed height of 150 feet and is contextually consistent with the existing bulk, height and density of West 19th Street between 5th and 6th Avenues; therefore be it

RESOLVED, That Manhattan Community Board Five recommends approval of the application for a 74-712 special permit (New Buildings in a Historic District), for a proposed new residential building located on a parking lot zoned C6-4A at 27 West 19th Street and should be compatible with the buildings surrounding it.

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

WHEREAS, The premises at 111–113 West 28th Street are conjoined buildings located in a manufacturing zone with residential use; and

WHEREAS, The request before the board is an amendment to a previously approved variance to permit residential use in an M1-6 Zoning District; and

WHEREAS, The current ceiling to floor height of both penthouses is 17 feet; and

WHEREAS, Owners of both residential penthouses would like to add an interior mezzanine at the rear of each penthouse, cutting the floor space to 8.5 feet per floor and providing more flexibility for the living space; and

WHEREAS, The Department of Buildings does not permit the addition “as of right” in a M1-6 Zoning District; and

WHEREAS, The proposed amendment would add approximately 1,075.4 square feet; and

WHEREAS, There is no change to the exterior envelope; and

WHEREAS, There is no change to density; and

WHEREAS, The building currently has a Floor Area Ratio (FAR) 4.76, and with the additional mezzanine space, would have an FAR 5.19, well under an FAR 10 for a building in an M1-6 Zoning District; and

WHEREAS, No additional apartment will be added; and

WHEREAS, No other apartment in the building nor the first and second floor retail businesses will be affected;

RESOLVED, That Community Board Five recommends approval to amend the previously approved variance for the construction of a mezzanine floor in both penthouse apartments.

WHEREAS, The applicant, 340 Madison Owner LLC, requests an amendment to a variance previously granted by the Board of Standards and Appeals, and supported by a resolution in favor by Manhattan Community Board Five on December 12, 2003; and

WHEREAS, This building, located between 43rd and 44th Streets, is 75 years old and has been converted to a modern office building with a glass curtain wall and regularly shaped floor plates; and

WHEREAS, The requested amendment will allow the applicant to fill in two small outer court areas on the 17th and 18th floors, providing an additional 300 square feet on each floor, and will regularize the floor plan, and to remove small bump-outs on the 19th through 21st floors, with a loss of 1943 square footage thereby providing regular floor plans; and

WHEREAS, A second part of the amendment is to regularize the service entrance on East 43rd Street, reducing it from the required 15' width to 11', thereby enlarging the commercial tenant’s space that contains mechanical equipment for the store which cannot be moved; and

WHEREAS, The 10' depth of the entrance will remain, but the existing height of the entry which is 12'5” instead of 15', due to the configuration of the original building that has been incorporated into this merged zoning lot, must be approved because the floor area for the building is from the Grand Central Special District; and

WHEREAS, The variance is the minimum variance necessary to afford relief; therefore be it

RESOLVED, That Manhattan Community Board Five recommends approval of the amendment to the variance to regularize floor plates on the 17th and 18th floors by infill of outer courts and removal of bump-out masonry on the 19th through the 21st floors, and to regularize the dimensions of the service entry on East 43rd Street.

WHEREAS, The applicant located at 299 Seventh Avenue seeks to erect and maintain a mixed use building that permits the upper floors, 2 through 12, for residential use; and

WHEREAS, The current site is a 2-story building located on the southeast corner of Seventh Avenue and 27th Street that houses Rose’s Pizza and Manhattan Deli, with no residential use, and is in an M1-6 district.  This corner lot measures 25 feet wide by 68 feet long; and

WHEREAS, The applicant/owner proposes to demolish the building and rebuild it into a 12-story building.  The first floor would house Rose’s Pizza and floors 2 through 12 would feature loft apartments, one per floor; and

WHEREAS, Along Seventh Avenue on this block, properties are developed with multiple dwellings with retail on the first floor.  Various other lots in this vicinity featuring buildings 17 stories and higher were recently developed with multiple floor dwellings; therefore be it

RESOLVED, That Community Board Five recommends approval of the variance to enable residential occupancy of a mixed use building.

The above resolution passed with a vote of 27 in favor, 0 opposed, 1 abstention.

WHEREAS, The MTA has proposed to construct the 50th Street Ventilation Facility (VF) which will house ventilation fans and related equipment, loading docks and freight elevators, cooling towers, emergency generators and fuel storage; and

WHEREAS, The New York City Department of Buildings has taken the position that it lacks jurisdiction over buildings constructed by the MTA and therefore expresses no opinion on the VF (pursuant to Public Authorities Law Section 1266(8)); and

WHEREAS, Community Board Five believes that the building proposed by the MTA falls within an exception for facilities such as the proposed VF; and

WHEREAS, Community Board Five believes that businesses and residents within the District have a legitimate interest in the health and safety of the area which requires review by the New York City Department of Buildings; therefore be it

RESOLVED, That Community Board Five supports the application for an interpretive appeal at the Board of Standards & Appeals to deny the MTA an exemption from the jurisdiction of the New York City Department of Buildings to review and approve the MTA’s proposed ventilation facility located at 44-50 East 50th Street.

The above resolution passed with a vote of 26 in favor, 0 opposed, 1 abstention.

BSA #595-44BZ, application for an extension of term of a variance permitting continuing use of 30 Central Park South, located in an R-10 District as medical space and a restaurant

WHEREAS, The applicant, the owner of Osteria Del Circo, operates a restaurant at 1365 Sixth Avenue, aka 120 West 55th Street, which includes a 567 square foot open air café on the West 55th Street frontage; and

WHEREAS, The open air café requires a certification from the Department of City Planning because it is located next to Fisher Park and is in the Midtown Special District; and

WHEREAS, The certification was originally approved in 1996, renewed in 1999 and recertified in 2002, all with the approval of Community Board Five, and the Applicant is requesting a renewal of the certification with no changes; and

WHEREAS, The open air comprises no more than 19 movable tables with seating for 46 persons; and

WHEREAS, No complaints relating to the open air café have been received, and the applicant has maintained the open air café in an excellent manner; therefore be it

RESOLVED, That Community Board Five recommends approval of renewal of the certification for an open air cafe.

The above resolution passed with a vote of 25 in favor, 0 opposed, 1 abstention.

WHEREAS, The applicant, Central Parking, operates an attended garage located at 125-131 West 58th Street; and

WHEREAS, The garage, comprised of approximately 64 parking spaces, is an accessory to an existing multiple dwelling; and

WHEREAS, The operator of the garage had received a variance from the Board of Standards and Appeals in 1963 permitting the use of the excess spaces as transient parking, and an extension of term was granted in 1984 and 1994, all with the approval of Community Board Five; and

WHEREAS, The current extension of the term expired on May 14, 2004, and the Rules of Practice and Procedure of the Board of Standards and Appeals permit a renewal application to be timely made within two years of the expiration; and

WHEREAS, Community Board Five has consistently approved the variance and the extensions of term, and no complaints have been received concerning the garage; therefore be it

RESOLVED, That Community Board Five recommends approval of the waiver of the Rules of Practice and Procedure and extension of the term of the variance permitting continuing use of transient parking for the unused tenant spaces.

The above resolution passed with a vote of 25 in favor, 0 opposed, 1 abstention.

WHEREAS, The building has 16 units (2 per floor), each 2,000 square feet in area, with retail spaces on the ground floor, and with four commercial units on floors 2, 3, 5, and 7; and

WHEREAS, In 1980, the Bureau of Standards and Appeals denied a variance to permit residential conversion, but under Plan C, in 1985, a Certificate of Occupancy was issued, converting twelve units in place prior to 1980 as residential, and four units remained commercial;  and

WHEREAS, There are significant security problems concerning access to the building as the keyed elevator opens directly into each unit; there is a single service door for all shareholders, and the freight elevator is only accessible through the basement, necessitating tenants to go the basement to operate it, creating a difficult situation for residential and commercial shareholders alike; and

WHEREAS, The four commercial users have indicated to the coop Board that they are willing to vacate their units; and

WHEREAS, There is no reasonable expectation of economic return to the cooperative if those units remain commercial, and the cooperative seeks to convert these spaces to residential units; and

WHEREAS, No other changes are planned for the building; there will be no significant change to the neighborhood by this conversion, and this is a minimum variance for relief to the shareholders, therefore be it

RESOLVED, That Community Board Five recommends approval of the Land Use Variance - Loft Conversion at 151 West 28th Street.

The above resolution passed with a vote of 22 in favor, 0 opposed, 2 abstentions.

WHEREAS, The Owner of the landmarked portion of Rockefeller Center desires to renovate and reopen the observation deck on top of 30 Rockefeller Plaza with a new entrance on 50th Street and, to that end, wishes to install illuminated informational kiosks directing people to the new entrance; and

WHEREAS, The Landmarks Preservation Commission issued a Certificate of Appropriateness on April 13, 2004 for the interior and exterior changes, including the installation of eight lighted information kiosks to be placed in front of the Channel Gardens, the International Building, the new entrance to the observation deck and on the Plaza; and

WHEREAS, ZR Section 32-60 does not currently permit the installation of illuminated signs in the zoning districts in which Rockefeller Center is located; and

WHEREAS, The proposed text amendment would allow, by certification of the Chairman of the City Planning Commission, the installation of illuminated signs on open space located within the Fifth Avenue Subdistrict, provided that (a) the zoning lot be occupied by a landmark building, (b) the Landmarks Preservation Commission shall have issued a Certificate of Appropriateness for the signs, (c) each sign does not exceed twelve square feet, and (d) the signs not project across a street line; and

WHEREAS, The Owner has determined that the only other places that might qualify to apply to install illuminated signs under the new language are Saint Patrick's Cathedral, Saint Thomas' Church and the New York Public Library; and

WHEREAS, Because of the limited number of locations potentially impacted by the text amendment and the high quality of the design and materials of the proposed illuminated kiosks; therefore be it

RESOLVED, That Community Board Five recommends approval of the text amendment to the ZR Section 81-14.

WHEREAS, New York City Block 1294, Lot 1 ("Subject Premises") occupies the full block bounded by Fifth Avenue, East 59th Street, Madison Avenue and East 58th Street; and

WHEREAS, The Applicant, Fifth Avenue 58/59 Acquisition Co. LLC seeks a zoning text amendment to eliminate the street wall and retail continuity requirements for the Fifth Avenue frontage of the Subject Premises imposed by the Special Midtown District and the Fifth Avenue Subdistrict; and

WHEREAS, The Fifth Avenue plaza is proposed to be completely redesigned with improved accessibility from Fifth Avenue, East 58th Street and East 59th Street and enhanced amenities including fixed seating, movable tables and chairs, reflecting pools, new landscaping and lighting will be added to the plaza; and

WHEREAS, A 405 square foot glass entry pavilion located approximately 25 feet east of the Fifth Avenue street line near the center of the Fifth Avenue plaza is proposed to provide access, light and air and a visual presence for the below grade retail space; and

WHEREAS, The street wall regulations of the Special District and the Subdistrict require that the street wall of any building within the Subdistrict with frontage on Fifth Avenue must be located within 10 feet of the street line and extend without setback from the Fifth Avenue street line for at least 90 percent of the entire length of the front lot line for a minimum height of 85 feet and a maximum height of 125 feet; and

WHEREAS, An elimination of the retail continuity and street wall requirements of the Special District and the Subdistrict is necessary in order to achieve the appropriate relationship between the glass entry pavilion and the renovated Fifth Avenue plaza; and

WHEREAS, Implied evidence of the special character of the block exists since 1973 and no properties other than the existing General Motors building are affected by the proposed zoning text change; and

WHEREAS, The applicant has solicited Community Board Five's Land Use and Zoning feedback throughout the process of improving the Subject Premises and the applicant received approval of a Chairperson's Certification for construction on the Madison Avenue portion of the Subject Premises; therefore be it

RESOLVED, That Manhattan Community Board Five recommends approval of the proposed zoning text change in application number N 050117 ZRM.

The above resolution passed with a vote of 22 in favor, 0 opposed 2 abstention, 1 present not entitled to vote.

WHEREAS, 15 West 20th Street is a 9-story vacant building located within the Ladies Mile Historic District and in the area recently rezoned to C6-4A permitting residential use as-of-right; and

WHEREAS, The Owner proposes to construct a two-story penthouse addition set back approximately 20' from the front of the building, 24' from the western lot line and 20' from the northern building line; and

WHEREAS, The second story of the proposed addition is above 125' from the sidewalk and, under the provisions of Z.R. §23-66, would have to be set back an additional 10' from the back of the building, thereby reducing the second story by 330 square feet; and

WHEREAS, The Owner, having agreed to substantial setbacks on three sides in order to make the addition invisible from the street, has applied for a Special Permit waiving the rear yard setback requirement; and

WHEREAS, the project received approval from the Landmarks Committee of Community Board Five in October 2003 and a Certificate of Appropriateness and a Certificate of No Effect from the Landmarks Preservation Commission in March 2004; and

WHEREAS, Pursuant to the requirements of §74-711, the Owner has recorded a Memorandum of Understanding regarding façade restoration work; and

WHEREAS, Although the Committee is concerned about the tendency of owners to maximize the value of their buildings by building penthouse additions, this addition will not block the light and air to any neighboring buildings, is not visible from the street and is the only deviation from the Zoning Code requested by the Owner; therefore be it

RESOLVED, that Community Board Five recommends approval of the issuance of a Special Permit.

The above resolution passed with a vote of 21 in favor, 1 opposed, 1 abstention.