WHEREAS, Community Board Five receives a large number of requests for street co-naming, and

WHEREAS, a street co-naming blade will become a permanent addition to the proposed street corner;

WHEREAS, Community Board Five district is a very busy area, encompassing vibrant and congested commercial district that has numerous signs, blades, and other objects that can constitute visual clutter, and

WHEREAS, in an already cluttered district, the addition of street blades to honor a person, cause, group, organization adds to the confusion for pedestrians and drivers alike, and

WHEREAS, worthiness of a person, cause, group or organization proposed for street co-naming is a subjective matter that lacks objective principles, making the decision process a difficult one for Community Board Five and a painful one for applicants in case of a denial, and

WHEREAS, Community Board Five recognizes the importance of recognition of such persons, causes, group or organizations within the district boundaries, and instead supports ways other than the permanent installation of street blades, such as a plaque on a building, embedded elements on the sidewalk, for which applications should be filed with city agencies such as DOB, DOT, Design Commission, etc., and

WHEREAS, Community Board Five will notify applicants of its policy by a letter attached, therefore be it

RESOLVED that Community Board Five establishes a moratorium on installation of new street blades with the following condition:

RESOLVED, That throughout the duration of this moratorium, Community Board Five will forward its recommendations for denial to City Council and other city agencies.

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

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of West 42nd Street and Broadway; and

WHEREAS, CB5 has a moratorium on new newsstands along 42nd Street between 8th Avenue and 5th Avenue; and

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

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

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

WHEREAS, Community Board Five is gravely concerned by the increase of nonconforming applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations; and

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

WHEREAS, The Fifth Avenue BID has observed that there is a perverse effect on pedestrian counts as currently conducted (measuring the number of pedestrians that pass through an area in one minute) when streets become so overcrowded that pedestrian walking speeds are forced to slow to a crawl, which causes the pedestrian count to go down rather than up; therefore be it

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

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

RESOLVED, That Community Board Five urges DOT to reduce the threshold level for pedestrian count for newsstand applications to 8 persons per linear foot per minute, and be it further

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

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

WHEREAS, The Applicant operates a gym with mostly free weights and other heavy equipment in a commercial building on a reservation only basis;

WHEREAS, The Applicant’s facilities and amenities are Spartan and geared towards serious training by professional trainers; and

WHEREAS, The establishment would have little or no impact on pedestrian traffic or otherwise add to the overcrowding of the area;

WHEREAS, There has not been any complaint about the Applicant or any violation issued against the Applicant or the establishment in the twelve (12) years that Applicant has been in operation;

RESOLVED, That Community Board Five recommends approval of the application by Madison/Fifth Associates, LLC for BSA approval as a Physical Cultural Establishment at 532 Madison Avenue.

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

WHEREAS, The applicant is proposing a newsstand on the South-East Corner of 59th Street and 5th Avenue, and

WHEREAS, CB5 has a moratorium on new newsstands along 5^th Avenue as well as 59^th Street; and

WHEREAS, The proposed newsstand would be located in an area that registers  heavy pedestrian flow, fluctuating seasonally, and reaching critical level around the holiday season; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

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

WHEREAS, The Art Commission (newly renamed Design Commission), noted that "the Fifth Avenue Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands will severely detract from its attractiveness and effectiveness"; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations; and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process; and

WHEREAS, The Fifth Avenue BID has observed that there is a perverse effect on pedestrian counts as currently conducted (measuring the number of pedestrians that pass through an area in one minute) when streets become so overcrowded that pedestrian walking speeds are forced to slow to a crawl, which causes the pedestrian count to go down rather than up; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC of 59th Street and 5th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at 2Pm-3PM on weekdays; and be it further

RESOLVED, That Community Board Five urges DOT to reduce the threshold level for pedestrian count for newsstand applications to 8 persons per linear foot per minute; and be it further

RESOLVED, That recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied

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

WHEREAS, The applicant is proposing a newsstand on the South-West Corner of 57th Street and 5th Avenue, and

WHEREAS, CB5 has a moratorium on new newsstands along 5^th Avenue; and

WHEREAS, The proposed newsstand would be located in an area that registers  heavy pedestrian flow, fluctuating seasonally, and reaching critical level around the holiday season; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

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

WHEREAS, The Art Commission (newly renamed Design Commission), noted that "the Fifth Avenue Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands will severely detract from its attractiveness and effectiveness"; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, and

WHEREAS, The Fifth Avenue BID has observed that there is a perverse effect on pedestrian counts as currently conducted (measuring the number of pedestrians that pass through an area in one minute) when streets become so overcrowded that pedestrian walking speeds are forced to slow to a crawl, which causes the pedestrian count to go down rather than up; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SWC of 57th Street and 5th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at 2Pm-3PM on weekdays, and be it further

RESOLVED, That Community Board Five urges DOT to reduce the threshold level for pedestrian count for newsstand applications to 8 persons per linear foot per minute, and be it further

RESOLVED, That recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

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

WHEREAS, 23-27 West 17th Street, located between 5th & 6th Avenues, is located in the Ladies Mile Historic District; and

WHEREAS, This building currently has a storefront which is significantly compromised from its original design and features; and

WHEREAS, The first and second floors include mismatched doors, small vertical windows, and has louvers to cover necessary mechanical equipment behind the façade; and

WHEREAS, The building at 18 West 18th Street immediately behind the building was designed as a match for this building and can be used as a guide in restoration; and

WHEREAS, The requested changes will bring the entrance doors into harmony with the original; and

WHEREAS, Additional changes include a glass façade and, where necessary for mechanical needs, the retention of a single louver with an option to create two additional and symmetrical louvers if necessary; and

WHEREAS, The materials to be used include wood, cast iron and aluminum and will replicate and/or harmonize with the original façade; and

WHEREAS, The proposed renovation will create an attractive and historically accurate façade, including the use of an historically appropriate green color for the painted areas; therefore, be it

RESOLVED, Community Board Five recommends approval of the application to replace and renovate the aforementioned structure at 23-27 West 17th Street in the Ladies Mile Historic District.

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

WHEREAS, The Penn Club (formerly the Yale Club), located at 30-32 West 44th Street (between 5th & 6th Avenues), was completed in 1901 by the architects Tracy & Swartwout (formerly employees of McKim, Mead & White); and

WHEREAS, The Club was one of the first high-rise, vertical clubhouses in New York City and is located on the south side of what was known as “clubhouse row,” including the Harvard, New York Yacht and City Clubs and the Bar Association; and

WHEREAS, The building, a Neo-Georgian brick and limestone building, is faced with mostly red brick and includes a 50 foot wide, tripartite façade that features a double height rusticated limestone base, projecting balconies, contrasting keystones and an oversized arch above the projecting cornice; and

WHEREAS, Although the Yale Club moved two blocks away to Vanderbilt Avenue in 1915, the building’s history includes ownership by the fraternal organization Delta Kappa Epsilon from 1916-1924, the Army Navy Club from 1925-1933 and has, since 1994, housed the Penn Club; and

WHEREAS, The architects are also known for their designs of the Missouri State Capital and the Yale Art Gallery; therefore be it

RESOLVED, That Community Board 5 recommends approval of Landmark designation for the Penn Club (formerly the Yale Club) at 30-32 West 44th Street, recognizing its distinguished position in clubhouse row and its architectural and historical distinction from the period at the beginning of the 20th century. 

The above resolution passed by a vote of 40 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Springs Mills Building, 104 West 40th Street, constructed in 1962, was designed by the prominent New York architectural firm, Harrison & Abramowitz, who collaborated on many significant mid-20th Century projects in New York, including structures at Rockefeller Center, the United Nations, Lincoln Center, Columbia University and the State Capital of New York at Albany; and

WHEREAS, The building is located on an L-shaped lot that extends from West 40th Street through to West 39th Street with an intimate plaza on the south side of West 40th Street; and 

WHEREAS, The building has a slender 22-story tower that rises from a recessed entrance and is wider at the center than at either end, and the tower's unique configuration permits natural light to reach what would have ordinarily been lot line windows; and

WHEREAS, Springs Cotton Mills was formed in 1914 when Lancaster Cotton mills, founded by Leroy Springs in South Carolina, assumed control of the Fort Mill Manufacturing company, established in 1887 by Samuel Elliott White; and

WHEREAS, The company grew from six cotton mills in the 1930's with 5,000 employees to a publicly traded company in 1966 with nineteen plants and 18,000 employees; and

WHEREAS, The company was renamed Springs Industries in 1982 and is now known as Springs Global, with brands such as Wamsutta and Springmaid, and still maintains its corporate headquarters in the same building; and

WHEREAS, This building embraces principles of European modernism with minimalist sculptural design, tapered tower and sleek green glass panels and thin aluminum mullion cladding; and

WHEREAS, It is considered one of the Garment District's most striking structures and serves as a prominent backdrop to Bryant Park; therefore, be it

RESOLVED, Community Board Five recommends approval of the designation of the Springs Mills Building, 104 West 40th Street, as a New York City Landmark, based on its architectural, cultural and historic significance. 

The above resolution passed by a vote of 40 in favor; 0 opposed; 1 abstaining.

WHEREAS, 160 Fifth Avenue (at 21st Street), Manhattan, is located in the Ladies mile Historic District, was built in 1891 and was subject to extensive alterations in 1911 - 1912 when Fifth Avenue was widened and the front stoop and stairs, leading into what was then the building's entrance, were removed; and

WHEREAS, In the 1930's the building materials at this entrance were changed to red granite and subsequently the building entrance was moved to 21st Street from Fifth Avenue, resulting in the former entrance now being part of a retail store on Fifth Avenue; and 

WHEREAS, The building owner has applied for a Certificate of Appropriateness to change the design and material at this former entrance to match the rest of the building facade, including entablature designs, restoration of piers, 18" - 20" setback of what is now an entrance to a retail store, a grill interpretation above the doors; and

WHEREAS, Only a central column shown in historical photographs at this entrance is not included in the new design because it would interfere with the configuration of the entrance doors; and

WHEREAS, The new design is a vast overall improvement of the existing condition and materials; therefore, be it 

RESOLVED, Community Board Five recommends approval of the application for alterations of former Entrance/Storefront for 160 5th Avenue (Ladies Mile Historic District).

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining; 1 present not entitled to vote.

WHEREAS, The former Look Building, 488 Madison Avenue (Corner of 51st Street), between East 51st and East 52nd Streets is a 23 story asymmetrical setback tower ("Wedding cake design") of white brick and continuous ribbon windows, built by the developers Harold and Percy Uris in 1948 - 50, designed by Emery Roth and Sons, one of the firm's first and finest commissions following the founder's death in 1947; and

WHEREAS, Richard and Julien Roth, the sons of the founder, broke sharply with their father's earlier work producing an innovative structure that was notable for its striking modernity, but also influencing future aesthetic trends; and 

WHEREAS, This building displays European modernism influenced particularly by the streamlined work of German expressionist architect, Erich Mendelsohn; and 

WHEREAS, This building positioned its architects as one of New York's leading firms and during the next two decades they would reshape the city's skyline and they would build about half of Manhattan's new office buildings; and 

WHEREAS, The building, built on speculation, leased nearly all its space prior to completion, attracting as tenants the building's architects and the prominent industrial designer, Raymond Loewy, and media companies such as Esquire and Look, for which the building was named and which occupied six floors from the opening in 1950 to 1971; and

WHEREAS, The Look Building is listed on the National Register of Historic Places and the facade is subject to a conservation easement filed with the Trust for Architectural Easements; therefore, be it

RESOLVED, Community Board Five recommends approval of the designation of the former Look Building, 488 Madison Avenue, Manhattan, as a New York City Landmark.

The above resolution passed by a vote of 40 in favor; 0 opposed; 1 abstaining.

WHEREAS, 676 6th Avenue located between 21st & 22nd Street is a two-story, white-painted brick building in the Ladies Mile Historic District; and

WHEREAS, Markt Restaurant, the tenant in the ground floor, has applied to Landmarks Preservation Commission seeking permission to remove and replace the existing storefront; and

WHEREAS, The architect for the applicant presented plans and designs for the proposed storefront to Community Board Five which propose:

WHEREAS, The proposed windows for the new storefront would not be in line with the original historical look of the building; and

WHEREAS, The installation of the new signage would create and include a large bright red sign, and would not be keeping in character with the Ladies Mile Historic District; and

WHEREAS, The removal of the paint on the 1st floor only would create a situation where the top half of the building was painted and the bottom half was not; and

WHEREAS, The applicant did not present samples of the replacement materials or representations of the proposed new light fixtures; and

WHEREAS, The proposed replacement design is not considered historically or esthetically consonant with the building's original architecture and the other buildings in the Historic District; therefore, be it

RESOLVED, That Community Board Five recommends disapproval of the application for replacement of the existing storefront at 676 6th Avenue.

The above resolution passedby a vote of 34 in favor; 5 opposed; 1 abstaining.

WHEREAS, The Brill Building, 1619 Broadway, aka 207-213 West 49th Street, is an 11-story brick and terra cotta Art Deco building constructed in 1930-31 by Abraham Lefcourt, one of New York's most prolific developers in the 1920's, responsible for some 21 buildings in the Garment Center and elsewhere; and

WHEREAS, Lefcourt originally intended to build a 75-story skyscraper to rival the Chrysler Building and the Empire State Building in height and design, but was forced to change his plans due to the premature death of his son, along with the financial impact of the stock market crash on his fortune, forcing him to erect the more modest building we see today; and

WHEREAS, The entrance to the building is highly decorated in Art Deco style with a bust of Alan Lefcourt, who died in an automobile accident at age 17, above the front doors; and

WHEREAS, The building was then sold to the Brill Brothers, after whom the building was named, who had owned a clothing store at street level since 1910, where the Brill Building was constructed; and

WHEREAS, The new owners resorted to renting space to music publishers, as there were few other takers; and

WHEREAS, By the 1940's the Brill Building became a center of activity for the popular music industry, especially music publishing and songwriting with scores of music publishers having offices there; and

WHEREAS, Once songs had been published, the publishers sent "song pluggers" to the popular bands and radio stations of the day to sing and/or play the song for the band leaders to encourage bands to play their music; and

WHEREAS, By 1962 the Brill Building contained 165 music businesses, a musician could find a publisher and printer, cut a demo, promote the record, and cut a deal with radio promoters, all within this one building; and

WHEREAS, The creative culture of the independent music companies in the Brill Building came to define the influential "Brill Building Sound" and the style of popular music songwriting and recording that was created by its writers and producers; and

WHEREAS, The music ranged from jazz to big band and swing to rock and roll, encompassing virtually all genres of American popular music; and 

WHEREAS, Among the performers and songwriters who had offices there were the Dorsey Brothers, Duke Ellington, Nat King Cole, Burt Bacharach and Carole King; and

WHEREAS, The corner retail space once was the location of Jack Dempsey's a well known bar and restaurant, now Colony Records, and the second floor housed Hurricane Cafe, then Cafe Zanzibar, where Cab Calloway frequently performed; and

WHEREAS, The building’s creative talent won numerous Emmy's, Grammy's, Tony's and Oscars; and

WHEREAS, The owner, Stonehenge Partners, Inc. and representatives of Assembly Member Gottfried and Borough President Stringer appeared before NYC Landmarks Preservation Commission on October 27, 2009 to fully support the designation; therefore, be it

RESOLVED, Community Board Five recommends approval of the designation of the Brill Building, 1619 Broadway, aka 207-213 West 49th Street, Manhattan, as a NYC Landmark.

The above resolution passed by a vote of 40 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Madison Square Park Conservancy has submitted an application seeking permission to conduct a special event near the reflecting pool in Madison Square Park on Wednesday November 18, 2009, between the hours of 10:00 AM and 2:00 PM, requiring set-up to begin at 6:00 AM and dismantling and clean-up to be completed by 6:00 PM; and

WHEREAS, The sole sponsor of this public awareness event to promote environmental awareness is Seventh Generation, a manufacturer of “environmentally-responsible” household cleaning products; and

WHEREAS, Activities would include live music performances, storytelling, and t-shirt making, with the intent drawing the attention of the brand’s targeted demographic, mother’s with young children, and information would be disseminated regarding harmful chemicals traditionally used in household cleaning products; and

WHEREAS, Although a site plan has been presented, exhibiting that the event would be conducted inside three (3) or five (5) tents measuring 10’-0” X 10’-0”, the applicant did not have any renderings or elevation details for our review, thus creating a challenge to envision the overall appearance; and               

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, MS&L Worldwide Public Relations has submitted an application seeking permission to conduct a promotional event for Crest Glide dental floss in Union Square Park on Tuesday, November 10, 2009 between the hours of 11:00 AM and 3:00 PM; and

WHEREAS, The proposed event would feature 40 foot by 12 foot exhibit/obstacle course on top of Astroturf padding that would allow consumers to learn about Crest Glide products and to participate in a life-size simulation of the flossing experience (with the consumers playing the role of the floss); and

WHEREAS, The proposed event would involve the distribution of Crest Glide product samples and coupons and a celebrity appearance by Alison Sweeney; and

WHEREAS, Crest Glide logos and corporate signage would be prominently displayed throughout the obstacle course on four 8 foot standing signs and on a 10 by 10 foot tent at the course entrance; and

WHEREAS, Video footage would be filmed at the event for promotional purposes with written consent from the participants (and those participants not giving consent would not be filmed); and

WHEREAS, Event set-up and dismantling would occupy most of the day, commencing at 7:30 AM and concluding by 6:00 PM; and

WHEREAS, We are concerned about the prominent corporate signage, the product sampling, the promotional filming; and

WHEREAS, Although the event sponsors will pay $18,000.00 to the city’s general fund and will make a $1.00 donation to Feeding America for each person who goes through the obstacle course, which we commend, Community Board Five has repeatedly taken the position to deny access to our parks for special events that are predominantly commercial and negatively impact the public’s access to the park; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by MS&L Worldwide Public Relations to conduct a promotional event for Crest Glide dental floss in Union Square Park on Tuesday, November 10, 2009.

The above resolution passed unanimously.

WHEREAS, The late Evelyn Strouse was leader of the Union Square Community Coalition (USCC) for two decades (1982-2002) and a member of Community Board Five for the last ten of those years, and an early member of The Drive to Protect The Ladies’ Mile District, and

WHEREAS, The Parks Department intends to honor Ms. Strouse’s public service by naming the newly renovated playground after her, and

WHEREAS, The USCC would like to honor Ms. Strouse in their own way as they have honored at least two other members of the local community with a memorial tree and modestly sized, (3” X 6”) bronze plaque, and

WHEREAS, The USCC has worked with the Parks Department’s Tree Trust to select a suitable species and location for the tree, and needs Community Board approval for the plaque; therefore, be it

RESOLVED, That Community Board Five recommends approval of the proposed bronze plaque to memorialize the community service of Evelyn Strouse.

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

WHEREAS, The applicant, PINNACLE RESTAURANT CORP, has notified Community Board Five of its intent to renew its liquor license for a cabaret night club (the "Night Club") on the ground floor of 17 West 19^th Street; and

WHEREAS, The relevant principals of Applicant are JOHN ZAREMBA ("Owner") and PAUL DROHAN ("Operator"); and

WHEREAS, Maximum legal occupancy of the Night Club is 240 persons; and

WHEREAS, The Night Club has been in existence and in operation under the management of Operator since November, 2005; and

WHEREAS, the Night Club operates routinely until 5:00 AM, and on weekends and holidays until 7:00 AM; and

WHEREAS, Although the Night Club continues to be a source of disturbance to the community, since Operator assumed control of the operation of the Night Club, the number and severity of issues at the Night Club has been reduced significantly; and

WHEREAS, Applicant, Owner and Operator have agreed to modify the method of operation of the Night Club to address specific issues of concern to the community regarding patron noise, intimidation and menace outside of the Night Club, which has been identified as the most egregious source of disturbance currently affecting the community;

WHEREAS, Applicant, Owner and Operator have agreed to the immediately adhere to the following conditions and stipulations to mitigate disturbance to the community by the Night Club:

Applicant, Owner and Operator shall:

a.       Maintain a minimum of twelve (12) licensed security guards during all hours of operation on Friday and Saturday nights, and continue to provide adequate security during all other hours of operation;

b.       In accordance with the policy attached hereto and made a part hereof (i) provide adequate security at all times outside of the Premises and along 19^th Street to ensure that patrons enter and leave the Premises and 19^th Street in a peaceful, quiet and respectful manner; (ii) discourage patrons from congregating outside the Premises, and (iii).use best efforts to have 19th Street cleared of all patrons within one half hour of closing;

c.       Discourage the parking of idling cabs, limousines and other vehicles on the street in front of the Premises;

d.       In accordance with the policy attached hereto and made a part hereof , incorporate the use of a "smoking pen" with adequate security to corral smokers, control loud talking, and minimize excessive noise;

e.       Meet with neighbors and CB5 on a regular basis if requested and also provide a 24-hour hotline to a live manager or security director to immediately address any complaints from the community;

f.        For a period of eighteen (18) months, except on holidays, the Night Club will not stay open "after hours" on any Sunday night into Monday morning.  The Night Club will, on those days, close no later than its regular closing hour at 5 AM;

g.       Be responsible for any use of "promoters". At any time that an event or party is hosted or marketed by a third party (in whole or in part): (i) at all times the applicant shall remain responsible for and in control of the venue and its patrons and (ii) all material positions of operation shall be the employees of the Night Club at all times;

WHEREAS, Although the Applicant did not agree at this time to (i) hire an independent monitor and (ii) eliminate after hours operations entirely, the Applicant, Owner and Operator have agreed to return to CB5 in six (6) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity and to reconsider these options then if necessary; and

WHEREAS, Owner and operator have agreed that should Applicant, Owner or Operator ever contemplate a transfer of its interest in the Night Club ownership or management ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), such transferring party shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations agreed to; and

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

WHEREAS, The applicant has agreed to adhere to all of the above in the form of the attached affidavits by Owner and Operator; therefore be it

RESOLVED, That Community Board Fiverecommends denial of the renewal of an on-premises liquor license for a cabaret night club (the "Night Club") on the ground floor of 17 West 19^th Street unless the above and attached conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 31 in favor; 10 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, The City Department of Transportation (DOT) has come before Manhattan Community Board Five (CB5) to review the pilot design project for Broadway between 59^th and 22nd Street (aka - "Green Light for Broadway") that includes a number of elements including the creation of public pedestrian plazas; and

WHEREAS, The plazas are intended for the benefit of the public and designed to promote passive recreation and a peaceful respite, the same function as city parks, public plazas, and waterfront esplanades; and

WHEREAS, The pilot design project has received an overwhelmingly favorable response and made a positive impact on the pedestrian and vehicular experience; and

WHEREAS, More Times Square area employees say they are leaving their offices for lunch and more theatre-goers are finding access to the area easier; and a survey by the Flatiron 23^rd Street Partnership gave the plazas an 84% approval rating, and 

WHEREAS, DOT has pro-actively sought and is receptive to suggestions from the effected constituencies including business owners, BIDs, etc, regarding the aesthetic and functional design, traffic changes, and programming; and

WHEREAS, DOT asserts that it will continue to seek community involvement and support if the project is approved and the plazas are re-designed as permanent; and

WHEREAS, DOT is awarding Sole Source License Agreements (agreements) to the Flatiron BID, Fashion Center BID, 34th St. Partnership and the Times Square Alliance (BIDs), for the operation, management, and maintenance of the pedestrian plazas; including the right to award sponsorships, sub-concessions, and events intended to generate revenue for each plaza's maintenance; and

WHEREAS, While CB5 welcomes the programming of public space for entertainment, education, and philanthropic activities, it has taken a strong and consistent stance regarding the over-commercialization of our parks and public open spaces, the overcrowding of sidewalks with newsstand and other concessioners, an excess of predominantly commercial street activities, and has concerns that sub-concession and street activities awarded under these agreements could violate established community standards regarding these issues; and

WHEREAS, The Chair of CB5 is a board member on each of the BIDs and appoints a liaison to represent the Community Board at their board meetings and public activities; and

WHEREAS, The Community Board, in accordance with the City Charter Chapter 70, Section 2800, Item d17, "...shall exercise the initial review of applications and proposals of public agencies and private entities for the use, development or improvement of land located in the community district..."; and

WHEREAS, CB 5 has an strong relationship and history of cooperation with the BIDs and DOT, yet has not been asked to provide input regarding the License Agreements between the BIDs and DOT; and

WHEREAS, In response to CB5 testimony on August 17, 2009 at a public hearing on the matter, the DOT in a letter dated August 18, 2009 commits that it will conduct annual meetings with the Community Board at the end of each fiscal year to discuss and review the previous year's activities and operations and will sent CB5 Public Solicitation Notices subject to the Franchise and Concessions Review Committee; and

WHEREAS, Special events and activities must first be approved by DOT and then seek the approval of the Street Activity Permit Office (SAPO), an agency that routinely dismisses CB5's concerns regarding street activity permits; and

WHEREAS, DOT is set to report to the Mayor in December 2009 with an evaluation of the "Green Light for Broadway" project and provide a recommendation on whether the plan should become permanent; therefore, be it

RESOLVED, That Community Board Five makes the following recommendations to strengthen the "Green Light for Broadway" project:

• Rather than an annual year-end review, CB5 must, according to the City Charter, review and make recommendations on all sub-concession proposals, and interview applicants prior to their signing of sub-concession agreements;
• Sub-concessions and street activities should be a temporary measure that will give the BIDs and/or DOT time to find alternative funding sources for maintenance of these plazas, and that the sub-concession / special events mechanism will be phased out after a fixed period of time (e.g. 3 years) so that the plazas are unfettered by intrusive commercial activity;
• During this temporary period, any vending should be done from attractively designed mobile carts that are stored off-site when not in operation;
• No new fixed structures should be permitted in the plazas or structures that would require plumbing, heating, electrical systems, generators, or foundations;
• As a Board Member of each BID, the Chair of CB5 (or the Chair's designated representative) must receive copies of all annual budgets and audits related to the operation of the Licensing Agreement and the public plazas' operations and maintenance;
• As demonstrated by the Madison Square Market conducted between October 9 - November 1, 2009, sub-concessions and special events can and will infringe on both park land, the new pedestrian plazas, and other annual street based community events (e.g., the Breast Cancer Walk). The DOT in conjunction with the BIDs should:

-             Share their formula on how they pro-rate shares of revenue and expense for such events occupying each type of space, and

-             Develop a plan to minimize physical conflict between well established events and the new obstructions that will be permitted

 Be it further RESOLVED, that Community Board Five cannot approve making permanent the "Green Light for Broadway" plan under the terms of the DOT letter dated August 18, 2009 unless DOT adopts the aforementioned recommendations, especially to honor CB5's charter mandated role to review and comment on proposed events and sub-concessions for the duration of the License Agreement.

The above resolution passed with a vote of 40 in favor, 0 opposed, 1 abstaining.

WHEREAS, The blocks of East and West 32nd Street bounded by Park Avenue on the east and Seventh Avenue on the west are mixed-use streets containing mostly commercial but also some residential buildings, and are highly-trafficked by pedestrians visiting the restaurants and commercial establishments as well as traveling to and from Penn Station; and

WHEREAS, The need for street cleaning, due to the accumulation of trash and garbage in the street, has been demonstrated by residents of the street; and

WHEREAS, The streets are not currently cleaned by the Department of Sanitation, but the streets' residents have advised that the Department that they would be supportive of street-cleaning on a twice-weekly basis; therefore, be it

RESOLVED, Community Board Five recommends that the Department of Sanitation expand street cleaning on the blocks of East and West 32nd Street between Park Avenue and Seventh Avenue, on both the north and south sides of the street; and be it further

RESOLVED, Community Board Five recommends that the Department of Sanitation and the Department of Transportation coordinate parking regulations on said streets in order to permit street-cleaning during the late night and/or early morning hours.

The above resolution passed with a vote of 40 in favor, 0 opposed, 1 abstaining.

WHEREAS, Natural gas exploration and production companies, and mineral rights owners, are interested in developing a potentially significant gas resource in the Marcellus Shale through the use of horizontal drilling and a hydraulic fracturing technique known as "slick water fracturing" which requires large volumes of water; and

WHEREAS, The State Environmental Quality Review Act requires the Department of Environmental Conservation to review the methods used while accessing this natural gas that is located deep within the earth; and

WHEREAS, Hydraulic fracturing mixes water with sand and 250+ toxic chemicals; and

WHERES, The 2005 Energy Policy Act exempts companies who employ hydraulic fracturing methods from having to comply with many public health laws which were specifically written to protect our natural resources and well-being (e.g., Safe Drinking Water Act, Clean Water Act, Emergency Planning & Community Right-to-know Act); and

WHEREAS, Chapter 376 of the Laws of New York State of 2008 streamlined the permitting process for horizontal wells that use hydraulic fracturing, allowing the development of natural gas drilling sites within Marcellus Shale in New York to proceed more quickly; and

WHEREAS, The New York State Department of Environmental Conservation Division of Mineral Resources, Bureau of Oil & Gas Regulation held scoping hearings upstate for a Draft Supplemental Generic Environmental Impact Statement, but failed to hold any hearings within New York City despite the fact 90% of our water supply comes from the Catskill and Delaware watersheds; and

WHEREAS, Chemicals contained in hydraulic fracturing fluids cause a variety of irreversible and catastrophic damages to the air, water, public health, wildlife, and integrity of local communities; and

WHEREAS, Hydraulic fracturing presents risks of water contamination during drilling operations and during the storage and disposal of millions of gallons of the water and chemical additive mixture required for each well that is created; and

WHEREAS, Hydraulic fracturing has resulted in contaminated water supplies in other states, including Wyoming and New Mexico; and

WHEREAS, No amount of careful planning and operation can guarantee that there will be no chemical spills that could flow into reservoirs, underground migration of fracturing fluids toward the water supply, or other accidents resulting from drilling operations; and

WHEREAS, If the water supply should be contaminated, the City of New York would be required by the Environmental Protection Agency to build and operate a water filtration plant, the cost of which has been estimated to be approximately $10 billion, which would be borne by New York City taxpayers; and

WHEREAS, Absolutely no evidence has been shown by any organization that fluids used during hydraulic fracturing can be completely filtered out of drinking water; and

WHEREAS, New York State Assembly Members Deborah Glick and Richard Gottfried, State Senators Tom Duane and Daniel Squadron, City Council Environmental Committee Chairperson James Gennaro and Council Members Daniel Garodnick and Jessica Lappin issued statements calling for banning drilling in the city watershed; and

WHEREAS, Council Member Gennaro has introduced Resolution No. 1850 in the New York City Council that calls for a ban for drilling within our watershed area; and

WHEREAS, There is no possible remedy once contamination has occurred; therefore, be it

RESOLVED, This method for accessing natural gas is far too dangerous to the air, water, public health, wildlife and integrity of local communities to be approved by any Federal or New York State entity; and be it further

RESOLVED, Community Board 5 of Manhattan calls on the New York State Legislature, the New York State Department of Environmental Conservation, and New York State Governor David Paterson to prohibit hydraulic fracturing drilling for natural gas within New York State.

The above resolution passed with a vote of 40 in favor, 0 opposed, 1 abstaining.

Dear Manhattan Borough Commission Forgione:

The Manhattan Central Business District has the nation's largest concentration of commercial activities and is the primary economic engine for the greater metropolitan area.  It is the focus of a subsurface rail transit system that is among the most extensive in the world. Nevertheless, Manhattan's streets are frequently overwhelmed with motor vehicles, and for many hours of the day, traffic congestion is severe.  Pedestrians and surface transit in particular are negatively impacted, resulting in both substantial amounts of wasted time for vehicles and pedestrians as well as reductions in potential economic development.

A number of independent efforts have been attempted in order to improve the situation.  Last year, for example, New York City tried to advance a congestion pricing plan that would have reduced vehicle-miles of travel in the core.  New pilot programs aimed at reconfiguring street space to favor pedestrians, cyclists and buses also are being implemented.  Missing, however, is a comprehensive plan for optimizing transportation, parking and pedestrian thoroughfares in the Central Business District.

This project that Community Board Five proposes, and which has appeared in a number of our recent District Needs Statements, is a comprehensive Surface Transportation Plan for the portion of the Manhattan Central Business District between 60th Street and 14th Street - the area overseen by our Community Board as well as Manhattan Community Boards Four and Six. The plan should include specific recommendations for optimizing the share of street space allocated to pedestrians, cyclists, cars, taxis, trucks and surface transit over this entire area. 

Community Board Five would like to suggest that the planning effort incorporate some or all of the following: (i) assembling a data base of existing pedestrian and vehicular travel volumes; (ii) mapping the current allocation of street space for different categories of users; (iii) establishing a set of goals and objectives for the plan; (iv) devising alternative street space scenarios; (v) developing and deploying an analysis methodology for evaluating these scenarios at a "sketch plan" level of detail; (vi) consulting with stakeholders; and (vii) preparing a final set of recommendations.  Alternative scenarios might focus on larger-scale changes in street space allocation -- like pedestrian-only street segments, dedicated transit lanes and protected bike lanes. It is important in any case that the evaluation of planning scenarios include consideration of district-wide impacts of broader city and regional proposals, such as congestion pricing and transit service enhancements.  A project oversight committee could include representatives from both the NYC Department of Transportation, the NYC Department of City Planning, the Metropolitan Transportation Authority and the New York City Transit Authority division of Surface Transit, along with perhaps three representatives from the midtown Manhattan community boards, each of whom has been selected by the Executive Committee of his/her respective board.  

We know that you share our concerns and hope that you will act on our suggestion.  We look forward to assisting you in any way that we can to initiate the preparation of this vital project for midtown Manhattan.