WHEREAS, Applicant's church is located at 708 Fifth Avenue at the corner of 55th Street; and

WHEREAS, Applicant desires to hold a recurring block party – a "Coffee Hour after Worship" -  on 55th Street between Fifth and Sixth Avenues on Sunday September 7, 2008; and

WHEREAS, Traffic along Fifth Avenue will not be affected, although Applicant will use the sidewalk along its Fifth Avenue entrance for velvet ropes, a red carpet, and the like, directing people to the festivities on the side street; and

WHEREAS, The event will take place from 10:00 am to 2:00 pm, with set up beginning no earlier than 7:00 am and break down no later than 5:00 pm; and

WHEREAS, Applicant expects attendance of approximately 1,500 people throughout the day for the event; and

WHEREAS, There will be no vendors at the event and there will be no amplified sound; and

WHEREAS, Coffee and light food will be served at the event; and

WHEREAS, Applicant has made satisfactory plans for sanitation and security throughout the event; and

WHEREAS, The street location of the proposed block party is predominately a commercial area, although there will be some potential impact on residents Applicant has held the same event for several years without complaints; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, Community Board Five recommends approval of a coffee hour after worship, in front of 708 Fifth Avenue (sidewalk only) and 7 West 55 Street (partial sidewalk and partial street use) on Sunday, September 7, 2008; and be it further

RESOLVED, Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 24 in favor; 0 opposed; 1 abstaining.

WHEREAS, Applicant is the operator of a restaurant at 9 East 18th Street; and

WHEREAS, Applicant is applying for a revocable consent to install an unenclosed sidewalk café with 6 tables and 12 seats; and

WHEREAS, Community Board Five takes its role in the review of applications for sidewalk cafés seriously and requests an opportunity to review the applications before a revocable consent is granted by the Department of Consumer Affairs; and

WHEREAS, Applicant was invited, yet failed to attend Community Board Five's Consents and Variances meeting on June 26, 2008 to present their application for review; and

WHEREAS, Any questions that the Committee might have regarding the application could not be addressed; therefore, be it

RESOLVED, Community Board Five recommends denial of a revocable consent for an unenclosed sidewalk café with 6 tables and 12 seats at 9 East 18th Street.

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

WHEREAS, Applicant is opening a new restaurant, Benoit, to be operated by Groupe Alain Ducasse, a known and reputable restaurant operator; and

WHEREAS, Applicant, is applying for a revocable consent to install an unenclosed sidewalk café at 60 West 55th Street; and

WHEREAS, The proposed sidewalk café would have 3 tables and 6 seats and would occupy a width of 4'11," leaving 12'11" of sidewalk space for pedestrian traffic; and

WHEREAS, The location of the proposed sidewalk café is predominately a commercial area, and there is be little potential for negative impact on residents at that location, if any; and

WHEREAS, The minimal size of the proposed sidewalk café would have minor impact on pedestrian traffic; and

WHEREAS, Community Board Five believes that this is an appropriate location for a sidewalk café of this size and nature; therefore, be it

RESOLVED, Community Board Five recommends approval of a revocable consent for an unenclosed sidewalk café with 3 tables and 6 seats at 60 West 55th Street.

The above resolution passed by a vote of 20 in favor; 6 opposed; 1 abstaining.

WHEREAS, Applicant is the operator of a restaurant at 117 West 57th Street; and

WHEREAS, Applicant is applying for a revocable consent to install a Small Unenclosed Sidewalk café with 2 tables and 8 seats and would occupy a width of 6'6," leaving 13'5" of sidewalk space for pedestrian traffic; and

WHEREAS, The location of the proposed sidewalk café is predominately a commercial area, and there is little potential for negative impact on residents at that location, if any; and

WHEREAS, The minimal size of the proposed sidewalk café would have minor impact on pedestrian traffic; and

WHEREAS, Although a regular sized sidewalk café is not permitted at this location under Department of Consumer Affairs regulations, a "small" café (as defined in the DCA regulations) is permitted; and

WHEREAS, Community Board Five believes that this is an appropriate location for a sidewalk café of this size and nature; therefore be it

RESOLVED, Community Board Five recommends approval of a revocable consent for a "small" unenclosed sidewalk café with 2 tables and 8 seats at 117 West 57th Street.

The above resolution passed by a vote of 24 in favor; 2 opposed; 1 abstaining.

WHEREAS, Applicant will be the operator of a new restaurant at 382 8th Avenue, at the corner of 29th Street and is applying for a revocable consent to install an unenclosed sidewalk café with 5 tables and 11 seats which would occupy a width of approximately 5' leaving at least 8' of sidewalk space for pedestrian traffic; and

WHEREAS, The proposed sidewalk café would be along 29th Street, with no portion affecting 8th Avenue; and

WHEREAS, Because 29th Street at this location is predominately residential, Applicant has agreed to tailor their hours of operation to be sensitive to the needs of a residential location, to wit:

• from Sunday to Wednesday: closing time 10pm
• from Thursday to Saturday: closing time 11pm; and

WHEREAS, Community Board Five believes that this location will benefit from the operation of a sidewalk café and that is an appropriate location for a sidewalk café of this size and nature; therefore be it

RESOLVED, Community Board Five recommends approval of a revocable consent for an unenclosed sidewalk café with 5 tables and 11 seats at 382 8th Avenue.

WHEREAS, Applicant, Bar Stuzzichini, applied for a revocable consent to install an unenclosed sidewalk café at 928 Broadway, between 21st and 22nd streets; and

WHEREAS,The proposed sidewalk café would have 12 tables and 24 seats, and would occupy 9'7'' feet from the façade of the restaurant to the outermost table, leaving only 9'7'' feet for pedestrian traffic; and

WHEREAS, Community Board Five felt that the proposed sidewalk café was too large and requested that Applicant reduce its width to under 7'; and

WHEREAS, Applicant agreed to that requirement; and Community Board Five recommended approval of the application for a revocable consent for an unenclosed sidewalk café at 928 Broadway, with the following conditions:

• the sidewalk café will not exceed 7' in width; and
• Applicant will reduce the tables/seats from 12 tables and 24 seats to 8 tables and 16 seats;

WHEREAS, Since the Department of Consumer Affairs would permit 10 tables and 20 seats in the approved 7 foot width, Applicant subsequently applied to DCA and was granted a café permit for 10 tables and 20 seats, and began operating the café with 10 tables and 20 seats, despite Community Board Five's resolution approving 8 tables and 16 seats; and

WHEREAS, Applicant assures Community Board Five that it did not intentionally disregard Community Board Five's resolution and that it proceeded with a greater number of tables and seats innocently and under a misunderstanding; and

WHEREAS, Although Community Board Five would have preferred that Applicant request an amended resolution prior to moving forward with a greater number of tables and seats than approved by Community Board Five, had Community Board Five known that DCA would have approved 10 tables and 20 seats and had Applicant requested 10 tables and 20 seats at the time, Community Board Five would have approved said 10 tables and 20 seats; therefore, be it

RESOLVED, Community Board Five amends and supersedes its prior resolution on this application and approves an unenclosed sidewalk café at 928 Broadway not exceeding 7 feet in width, with 10 tables and 20 seats.

WHEREAS, Applicant desires to hold a new block party on 55th Street, between Sixth and Seventh Avenues on Saturday, August 9, 2008, to celebrate the 50th Anniversary of the Alvin Ailey American Dance Theater; and

WHEREAS, This will be a one-time only event; and

WHEREAS, The requested hours for the event were from 9:00 am – 6:00 pm, but the Applicant agreed to reduce the hours of the event to 10:00 am – 6:00 pm; and

WHEREAS, Applicant expects attendance of approximately 8,000 throughout the day for the event; and

WHEREAS, Applicant expects to have merchandise vendors, arts and crafts vendors, and food vendors at the event; and

WHEREAS, Applicant proposes to have amplified music and dance performances at the event; and

WHEREAS, The location of the proposed event is predominately a commercial area and there is be little potential for negative impact on residents at that location, if any; and

WHEREAS, Applicant has made satisfactory plans for sanitation and security throughout the event; and

WHEREAS, the event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, Community Board Five recommends approval of a block party on 55th Street, between Sixth and Seventh Avenues on Saturday, August 9, 2008 with the understanding that this will be a one-time event; and be it further

RESOLVED, Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 19 in favor; 5 opposed; 1 abstaining.

WHEREAS, Joint Applicants, The Korea Times and the Korean American Association for Greater New York desire to hold a recurring block party on 32nd Street between Broadway and Fifth Avenue on Saturday October 4, 2008 for the celebration of Korea Day; and

WHEREAS, The event will take place from 9:00 am to 7:00 pm, with set up beginning no earlier than 6:00 am and of the proposed block party break down no later than 9:00 pm; and

WHEREAS, There will be 10 merchandise vendors, 10 food vendors and 5 other vendors at the event;

WHEREAS, There will be amplified sound at the event no earlier than noon and no later than 6:00 pm.  Applicant expects to have three hours of live entertainment during that time; and

WHEREAS, The location of the proposed event is predominately a commercial area, and there is be little potential for negative impact on residents at that location, if any; and

WHEREAS, Applicant has held the same event for several years without complaints; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore, be it

RESOLVED, That, Community Board Five recommends approval of a block party on 32nd Street, between Broadway and Fifth Avenue on Saturday, October 4, 2008; and be it further

RESOLVED, That Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 23 in favor; 2 opposed; 1 abstaining.

WHEREAS, Applicant, the Museum of Arts and Design, is celebrating the opening of a new museum at 2 Columbus Circle; and

WHEREAS, The opening events, including set up and break down, will take place from September 16, 2008 through September 29, 2008; and

WHEREAS, The opening events, which will include a two-day free public opening on September 27th and 28th, will have a maximum anticipated flow-through of approximately 150 people per hour.  To accommodate an orderly welcoming of these visitors, Applicant will install 3 temporary structures:

• a registration tent approximately 25' long, 20'wide, and 10'high to be constructed on the sidewalk and on one lane of 58th Street;
• a waiting line shelter tent approximately 85' long and 10' wide and 10' high to be constructed on the sidewalk along the Broadway façade of the building; and
• a restroom trailer approximately 25' long and 8' wide to be parked on the west side of Broadway between Columbus Circle and 58th Street; and

WHEREAS, Lane closing permits issued by the Department of Transportation in connection with the construction at the premises remain in effect, so the location of the aforementioned structures will not require any additional street closure; and

WHEREAS, Applicant acknowledges that the restroom trailer is not handicap accessible, so accessible facilities inside the building will be provided and appropriate signage will be posted; and

WHEREAS, the tentative event schedule is as follows:

Tues September 23          11:00 am – 1:00pm

                                  Registration for evening reception
Thu September 25           8:00 am – 9:00pm
                                  Registration for several receptions
Fri   September 26           8:00 am – 6:00pm
                                   Registration for all day reception
Sat September 27            9:00 am – 7:00pm
                                   Registration for public opening
Sun September 28           9:00 am – 6:00pm
                                   Registration for public opening

WHEREAS, Construction and set up will commence no earlier than 7:00 am and end no later than 6:00 pm tentatively on Tuesday September 16, Wednesday September 17th and Wednesday September 18th (with Saturday September 20 and Sunday September 21 as alternate dates).  Break down and removal of all structures will occur on Monday September 29 from 7:00 am to 2:00 pm; and

WHEREAS, A ribbon cutting ceremony will take place on Tuesday September 23 from approximately 11 am to 1pm, at which Mayor Bloomberg and other dignitaries will be in attendance.  For the ribbon cutting ceremony, a temporary seating area accommodating approximately 150 guests plus media crews will be located on the sidewalk along the Columbus Circle façade of the building.  The total occupancy of the outdoor seating area will not exceed 190 persons, with any excess to be seated indoors.  Approximately 9' of walkway will be maintained for pedestrian traffic.  If rain is expected on the day of the ribbon cutting ceremony, a tent approximately 30' wide, 40' long and 10' high will be constructed over the seating area; and

WHEREAS, Applicant has hired private security and sanitation services for the duration of the events; and

WHEREAS, The events have been thoroughly and professionally thought out, planned and presented and are expected to be run in a similarly effective manner; therefore, be it

RESOLVED, Community Board Five recommends approval of:

• a ribbon cutting ceremony at 2 Columbus Circle between Broadway and Eighth Avenue on Tuesday, September 23, 2008, and
•  support structures and street activities at 2 Columbus Circle between Broadway and Eighth Avenue from September 16, 2008 through September 29, 2008, provided that there shall be no street or lane closures other than the lane closures referred to in the third WHEREAS clause above; and be it further

RESOLVED, That Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 23 in favor; 0 opposed; 2 abstaining.

WHEREAS, Applicant operates a National Historic Site in a four-story brownstone at 28 East 20th Street as the birthplace of President Theodore Roosevelt; and

WHEREAS, Applicant desires to hold a new block party on 20th Street, between Broadway and Park Avenue South on Sunday, October 26, 2008, to celebrate the 150th birthday of President Theodore Roosevelt; and

WHEREAS, This will be a one-time only event; and

WHEREAS, Applicant requested a set up time of 6:00 am but agreed to delay set up on this residential block until 8:00 am.  The event will run from 9:00 am – 5:00 pm and will be broken down before 7:00 pm; and

WHEREAS, Applicant expects attendance of approximately 800-1,000 people throughout the day for the event; and

WHEREAS, Applicant expects to have 4 arts and crafts vendors 8 food vendors and 2 other vendors at the event; and

WHEREAS, Applicant proposes to have 2 twenty-five minute marching band performances at the event; and

WHEREAS, Applicant has made extensive plans for sanitation and security throughout the event, through the National Park Ranger Service and otherwise; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; and

WHEREAS, Although the street location of the proposed block party is predominately a residential area, and there will be some potential impact on residents, Applicant has made efforts to be sensitive to the needs of the residential community; therefore be it

RESOLVED, Community Board Five recommends approval of a block party on 20th Street, between Broadway and Park Avenue South on Sunday, October 26, 2008 with the understanding that this will be a one-time only event; and be it further

RESOLVED, Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & movies filming) occurring within the district boundaries.

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

WHEREAS, Garden Retreat Spa is an existing physical culture establishment offering “Asian, Swedish & Shiatsu Massage;” and

WHEREAS, The premises is on the second floor of a seven story office building and contains 1,874 square feet of floor area.  The spa has six rooms for massage therapy, one shower room, one steam room, and one table shower (exfoliation) room, as well as an employee break room, waiting and reception areas, and a storage/laundry room.  The premises has a men’s locker room, but no changing facilities for women, it being explained that female customers change in the treatment rooms; and

WHEREAS, The spa’s hours of operation are from 10:00 am to midnight or 1:00 am, seven days a week.  The building entrance is staffed by a security guard from 8:00 am to 6:00 pm.  After-hours customers obtain access via an intercom system with audio/visual capabilities; and

WHEREAS, The application states that approximately five employees will be employed by the spa, including three licensed massage therapists and two staff; and

WHEREAS, At least three women observed working on the premises at the time of the site visit could not be identified by the management but were described only as “students” and/or “friends;” and management could not provide any elaboration regarding how many “students” and/or “friends” were present on the premises at the time of the site visit, or work there from time to time; and

WHEREAS, Scott P. Kimmins, who served 20 years with the New York Police Department in the 13th Precinct and is currently Director of Operations of the Flatiron/23rd Street Partnership (of which the premises is a part), testified that, although there is no wrongdoing alleged against the spa, the vicinity surrounding the premises is known for problems with prostitution.  He also stated that the building in which the spa is located has had problems, including a recent murder during an armed robbery involving an illegal gambling establishment on the seventh floor; and

WHEREAS, Community Board Five does not believe this is an appropriate location for a physical culture establishment of this type and with this method of operation; therefore, be it

RESOLVED, Community Board Five recommends denial of the application to legalize the existing Physical Culture Establishment at 253 Fifth Avenue, 2nd Floor.

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

WHEREAS, Applicant, Project Dance, wants to hold a block party on 44th Street, between Broadway and 6th Avenue on Saturday, April 18, 2009 from 9:00 am to 7:30 pm, with set up beginning at approximately 5:00 am and break down ending at approximately 8:00 pm; and

WHEREAS, Applicant expects attendance of approximately 200 people for the event; and

WHEREAS, Applicant has held the same event for several years without complaints; and

WHEREAS, Applicant has the support and cooperation of the theater located on that block and will coordinate its events so as not to disturb the theater’s performances; and

WHEREAS, The location of the proposed event is

predominately a commercial area, and there is be little potential for negative impact on residents at that location, if any; and

WHEREAS, Applicant has made satisfactory plans for sanitation and security throughout the event; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore, be it

RESOLVED, Community Board Five recommends approval of a block party on 44th Street, between Broadway and 6th Avenue on Saturday, April 18, 2009; and be it further

RESOLVED, Community Board Five strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 23 in favor; 2 opposed; 1 abstaining.

WHEREAS; The building known as 12 West 23rd Street, between Fifth Avenue and Avenue of the Americas, located in the Ladies Mile Historic District, is an early 20th Century loft and store building; and

WHEREAS, The façade at the ground and second floor levels is mostly non-original building fabric, having been altered through the years; and

WHEREAS, Qdoba Mexican Grill, the future tenant for the ground floor retail space proposes to install a new aluminum framed storefront, with a painted wood façade and a new canvas awning; and

WHEREAS, The applicant also proposes to install non-illuminated metal pin-letter signage within the sign band spandrel and a non-illuminated blade sign; and

WHEREAS, The applicant proposes to remove the existing roll-down gate; and

WHEREAS, The proposed new storefront and façade for 12 West 23rd Street is symmetrical to the recently installed storefront and façade of 14 West 23rd Street,  immediately next door, currently occupied by Starbucks Coffee; and

WHEREAS, Overall, the proposed changes are keeping within the style and the character of the West 23rd Street neighborhood and the Ladies Mile Historic District, and a distinct improvement over the existing condition of the building; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application to install the new storefront, façade, awning and signage at 12 West 23rd Street.

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

WHEREAS, 17 East 17th Street is a seven-story building constructed in approximately 1900, located on the north side of 17th Street between Broadway/Union Square West and Fifth Avenue in the Ladies Mile Historic District; and

WHEREAS, The Applicant received a Certificate of No Effect from the New York City Landmarks Preservation Commission for the addition of a penthouse which is not visible from street level; and

WHEREAS, When the penthouse was added, the work exceeded the scope of the Certificate of No Effect and also included stairs and an elevator bulkhead located above the penthouse; and

WHEREAS, The extra work is nearly complete and its height exceeds that allowed under the Certificate of No Effect by eight feet; and

WHEREAS, The extra work is visible from street level and therefore is not eligible for a Certificate of No Effect; and

WHEREAS, The Applicant has applied to the New York City Landmarks Preservation Commission to legalize the existing illegal work in order to secure a new Certificate of Occupancy for the Building; and

WHEREAS, The Applicant has also applied to add three mechanical units that would rise two and a half feet above the existing illegal work; and

WHEREAS, A visual inspection by Community Board Five confirms that the existing extra work will be minimally visible — the elevator bulkhead can be seen from the southeast corner of East 17th Street and Union Square West, but the existing work is not visible from any other location; and

WHEREAS, Community Board Five has had a general policy of not approving illegal additions to landmarked buildings in Historic Districts; therefore, be it

RESOLVED, Community Board Five recommends denial of the application to legalize the stairs and elevator bulkhead and add three new mechanical units at 17 East 17th Street.

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

WHEREAS, 24 West 55th Street and 17 West 54 Street are individually landmarked buildings that have been painted in colors not reflecting the original colors indicated from paint samples taken from the buildings; and

WHEREAS, The non-conforming colors, which the applicant now has requested to legalize, constitute a violation of the regulations of the Landmarks Preservation Commission; and

WHEREAS, The Applicant failed to appear at the Landmarks Committee Meeting of Community Board Five; and

WHEREAS, Community Board Five has had a policy of not legalizing unauthorized modifications to Landmark properties; therefore, be it

RESOLVED, Community Board Five recommends denial of the application to legalize an unauthorized color change to the painted windows and doors at 24 West 55th Street and 17 West 54 Street.

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

WHEREAS; The building known as 155 5th Avenue, between E. 21st St. and E. 22nd St., is an individual landmark located in the Ladies Mile Historic District, and is a  loft and store building, originally the first headquarters of the publishers, Charles Scribner's Sons, designed by the architect, Ernest Flagg, built in 1894; and

WHEREAS, The façade at the ground floor level is partly non-original building construction, having been altered through the years; and

WHEREAS, The last tenant, United Synagogues of America, has vacated the building and the owner is preparing the building for extensive restoration reflecting the historic period at the time of construction; and

WHEREAS, The applicant intends to restore the double doors for the ground floor retail space and proposes to restore the painted wood side doors and painted fenestration along with other building elements; and

WHEREAS, The applicant also proposes to install discreet downlights at the portico and will keep small numerals for the street address; and

WHEREAS, Overall, the proposed changes are keeping within the style and the character of this part of lower Fifth Avenue and the Ladies Mile Historic District, and a distinct improvement over the existing condition of the building; therefore, be it

RESOLVED, Community Board Five recommends approval of the application to install the new doorway, façade, side doors and other details proposed by the applicant at 155 Fifth Avenue.

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

WHEREAS, 168 Fifth Avenue is a loft and store building located in the Ladies Mile Historic District; and

WHEREAS, The owner of the building previously restored the northerly storefront after obtaining Community Board Five and Landmarks Preservation Commission approvals; and

WHEREAS, The applicant now proposes to restore the southerly storefront with matching materials and finishes complimentary to the northerly storefront; and

WHEREAS, The proposed new storefront configuration and materials are the same as the previously installed storefront; and

WHEREAS, Overall, the proposed changes are in keeping with the style and the character of the Lower Fifth Avenue corridor and the Ladies Mile Historic District; therefore, be it

RESOLVED, Community Board Five recommends approval of the application to install the new storefront at 168 Fifth Avenue.

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

WHEREAS, The Applicant, 516 Fifth Avenue Partners LLC (RFR Holdings/Hines Construction Manager) proposes to transfer approximately 60,317 SF floor area of development rights from 20 W. 44 St., the General Society of Mechanics and Tradesmen Building, an individual Landmark ("the Landmark"), to a new development site at the northwest corner of W. 43 St. and Fifth Avenue; and

WHEREAS, The Applicant is seeking to develop a 678 ft. tall tower on the site of 516-520 Fifth Avenue which now contains three non-Landmark commercial buildings, all in the process of being vacated preparatory to demolition; and

WHEREAS, the proposed 54 story tower will contain a 200+ room hotel in 36 stories, 11 stories of residential apartments at the top and a multistory retail component at the base, plus a "sky lobby" for the hotel at the sixth floor level with a canopied entrance on Fifth Avenue; and

WHEREAS, The Applicant and the owner of the Landmark, the General Society, are required to file an Application for a Report from the Landmarks Preservation Commission pursuant to Section 74-711 of the Zoning Resolution including a detailed description of the scope of work to restore the Landmark and to provide a Continuing Maintenance Program; and

WHEREAS, Community Board Five has reviewed both the Restoration work to be performed, estimated to cost $1,500,000 or approximately 25% of the proceeds from the development rights to be sold by the General Society, and the Continuing Maintenance Program, which will be funded by not less than 5% of the sale, the proceeds of which will be in excess of $8,000,000; and

WHEREAS, The Applicant is also purchasing approximately 53,000 SF of development rights from the Princeton Club, 15 W. 43 St. and approximately 81,000 SF of development rights from the Century Association (aka Century Club), 7 W. 43 St.; and

WHEREAS, The Landmark at 20 W. 44 St., designed by Lamb & Rich, was constructed in 1891, originally for the Berkeley Preparatory School, and was later sold to the current owner, the General Society of Mechanics and Tradesmen, founded 1n 1785, a philanthropic and educational organization with an illustrious history, which enlarged the building in 1909; and

WHEREAS, The General Society has a free library, one of the largest in the City outside the New York City Public Libraries, and offers evening classes at a nominal cost to its students; and

WHEREAS, The organization has limited resources to repair and maintain its Landmark building, including the following badly needed work:

• Cleaning and restoration of brick, terra cotta and limestone on the north façade
• Restoration of upper floor windows, historic grills, cleaning grills and replacing non-historic grills
• Replacement of missing historic urns on the balustrade
• Replacement of entry doors with new doors matching the historic entry infill
• Restoration and stabilization of the fire escapes
• Repair of roof elements compatible with the original painted copper cornice at the roof; and
  
  WHEREAS, The zoning lot for the development site is comprised of the three sites on Fifth Avenue, the Landmark General Society site and the Century Association Clubhouse (also a landmark); and

WHEREAS, The new building will require a Special Permit pursuant ZR Sections 74-711 and 81-277 to

•      Modify applicable "split lot" regulations (to allow floor area generated in the C6-4.5 portion of the zoning lot to be developed as commercial floor area in the C5-3 portion of the zoning lot),
• 
       Waive height and setback regulations, and
• 
        Waive pedestrian circulation space and lobby access requirements; and

WHEREAS, The new building will contain a loading dock two bays wide for truck deliveries and trash removal with access on W. 43 St.; and

WHEREAS, The new tower, designed by Pelli, Clarke, Pelli architects, is slightly lower, at 678 ft. vs. 711 ft., than the as-of-right tower that could be constructed, but will be preferable in design and appearance; and

WHEREAS, There are nearby towers of comparable height, including 500 Fifth Avenue, on the corner of W. 42nd St. and Fifth Avenue at 699 ft.; and

WHEREAS, This proposal will be reviewed by the Land Use and Zoning Committee of Community Board Five at a future date to address the zoning modification, variance and waiver requirements; and

WHEREAS, The design of the proposed tower is deemed to have a harmonious relationship with the General Society building as well as nearby Landmarked Properties, including the Manufacturers Trust Company bank building directly across the street at W. 43 St. and Fifth Avenue, the New York Yacht Club Building, 37 W. 44 St., the Harvard Club, 27 W. 44 St., the Association of the Bar of the City of New York, 37 W. 43 St. and 42 W. 44 St., and the Algonquin Hotel, 59 W. 44 St., in addition to the adjacent Century Association Clubhouse; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application to request that the Landmarks Preservation Commission issue a Report to the City Planning Commission pursuant to section 74-711 of the Zoning Resolution to permit transfer of the development rights from the historic Landmark Building at 20 W. 44 St. to the proposed Tower site at 516-520 Fifth Avenue.

The above resolution passed by a vote of 25 in favor; 0 opposed; 1 abstaining, 1 present not entitled to vote.

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, Ian White Maher has submitted an application to have an art installation on the South Plaza of Union Square Park on Tuesday, July 22, 2008; and

WHEREAS, The applicant had originally asked for three days but agreed to one because of the limited space in Union Square Park; and

WHEREAS, The event will take place on Tuesday July 22, 2008, from 10:00 am to 8:00 pm, inclusive of setup and clean-up; and

WHEREAS, There will be no amplified sound, sale of merchandise or donation box; and

WHEREAS, The installation is approximately the size of a phone booth; and

WHEREAS, The installation is an interactive piece on race relations and how it has changed over the past 400 years; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Ian White Maher to have an art installation on the South Plaza of Union Square Park on Tuesday, July 22, 2008.

The above resolution passed by a vote of 24 in favor; 0 opposed; 1 abstaining.

WHEREAS, Madison Square Park Conservancy has applied for a special events permit for August 25 through September 9, 2007 to hold viewing of the US Open; and

WHEREAS, American Express will have a Jumbotron screen on the Farragut Monument  (considered a major work of historic art), bleachers on the plaza, a viewing area, food concessions provided by companies to be determined by an RFP; and

WHEREAS, Plans were submitted to the committee which showed a greatly reduced impact on the park. The plans showed no events in the south end of the park which was a major change from previous years; and

WHEREAS, The US Open will be broadcast with sound from 11:00 a.m. to 11:30 p.m. every day and evening and if events run later than 11:30p.m.the Jumbotron will be shut off and an announcement will be made each evening that the screen will be shut down at 11:30 PM; and

WHEREAS, nothing other than US Open tennis will be shown on the Jumbotron; and

WHEREAS, Beer and wine will be sold for consumption in selected areas and all wine and beer licenses will be displayed, service will stop at 9:30PM and the vendors will be responsible to monitor where the purchaser goes within the park and a security person will be posted by the concessions; and

WHEREAS, Signage will be significant in size but reduced in number; and

WHEREAS, although the event is commercial in nature it has been reduced significantly with the sponsor making a substantial donation to the Conservancy; and

WHEREAS, Sound, security, refuse, park space for commercial promotion, the length of event and the evening schedule of events are all being greatly improved; therefore, be it

RESOLVED, That Community Board Five recommends approval of a permit to Madison Square Park Conservancy to allow American Express broadcast the US Open. 

The above resolution passed by a vote of 24 in favor; 0 opposed; 1 abstaining.

on-premises liquor license for the premises at 30 West 18th Street; and

WHEREAS, This is a new (presently under construction) residential building that was built with the intent to have a restaurant on the ground floor level and the owner of the building has incorporated into the lease (15-year) to DBRB, LLC the following wording:

40. A.Uses: Tenant shall operate its business in the Demised Premises during the Term as a first-class high-end restaurant (no cabaret, adult entertainment or night club use permitted) selling food and alcoholic beverages (to the extent and if permitted by law) and for no other purpose or use whatsoever;and

WHEREAS, There are additional clauses in the lease that prohibit:

• smoke, chemicals, cooking ingredients or by-products emanating from the premises
• "excessive and objectionable" noise complaints from other persons or tenants in the building
• obnoxious odors
• lines of customers or proposed customers to form outside of the premises while awaiting entry
• the use of any sound medium which may be heard outside the premises
• any waste or garbage to be left in front of the building

WHEREAS, The premises are 3700 square feet on the first floor (restaurant, bar, restrooms, kitchen, coat check etc.) and 1000 square feet in the basement (lockers, dishwasher, microwave, freezer, cold box, prep space, etc.), with 35 tables in the restaurant and 17 stools in the bar, and a full kitchen; and

WHEREAS, There is a basement passageway that leads to the basement of 31 West 17th Street (same owner of both buildings) that is not part of the applicant's leased space and is accessible through a door only for emergency exit from the basement(s); and

WHEREAS, The basement walls between these two buildings are solid concrete;

WHEREAS, The owner, Darren Berman, has 13 years experience in the restaurant industry:

• 1995-2002 – Bice Med Grill Trump Tower– (hired staff, developed wine list, worked with management, etc.) Delmonico's – 1998 (helped reopen), Salute on Long Island and NYC (helped reopen), Bice in NJ, 3 other restaurants on Long Island,
• Jan 06 – Present: Consultant on opening restaurants in NY C and surrounding boroughs; and

WHEREAS, Residents came to the Public Safety/Quality of Life Committee Meeting on Monday, July 7, 2008, to voice their opposition to any liquor license on 18th Street (there are presently no liquor licenses on 18th Street between 5th/6th); and

WHEREAS, In order to address and assuage the residents' fears and concerns, the committee requested and was given the following assurances/conditions/stipulations by the owner, which have been incorporated into a signed affidavit to be included in the application to the State Liquor Authority regarding the method of operation – the applicant will:

• Only use the basement for "non-services" – lockers, dishwasher, microwave, freezer, cold box, prep space, etc.
• Close at 1:00 a.m. (kitchen closes at 12 midnight)
• Close French doors at 9:00 p.m. (if in fact French doors are allowed)
• Never have live music and have quiet background music
• Never have lines outside the premises
• Never use promoters
• Never operate a club/lounge on the premises
• Never seek the granting of a cabaret license
• Never sublease
• Never connect the operation with the basement at 31 West 17th Street
• In the event the premises are to be sold, notify the Community Board before finalizing the sale of premises
• Provide in the contract of sale that the purchaser intends to use the premises in substantially the same manner as is now existing (restaurant)
• Have the buyers meet with the PSQL Committee of CB5; upon finalization, such action/application shall be treated as a new entity
• Abide by the decision of CB5's Consents & Variances Committee if a sidewalk café is sought
• Have a special room for garbage (and make sure it's on the street in a timely manner)
• Post special signage alerting patrons of their "Good Neighbor" Policy; and

WHEREAS, This building is located in the Ladies Mile Historic District and the applicant has been advised that any exterior work to be done to the premises must be presented to CB5's Landmarks Committee and approved by the Landmark Preservation Commission; therefore be it

RESOLVED, That Community Board Five disapproves the application for an on-premises liquor license for DBRB, LLC, located at 30 West 18th Street, unless the above and attached affidavit's stipulations/conditions are incorporated into the method of operation of the applicant's State Liquor Authority Application.

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstention.

WHEREAS, GQ Nightlife, LLC, has notified CB5 of their intent to file for the transfer of a liquor license for the premises at 215 West 28th Street; and

WHEREAS, The premises are presently and will continue to operate as a nightclub, were licensed in 1988 and therefore are not subject to a 500' Hearing, encompass four floors with a total square footage of 7603, and have a total capacity of 472; and

WHEREAS, The applicant plans to add a food component in the cellar and the 1st Floor (mezzanine and 3rd floor remain as a club); and

WHEREAS, The hours of operation will be:

• Monday – 1 p.m.-4 a.m.,
• Tuesday – Closed
• Wednesday – 1 p.m.- 2 a.m.,
• Thursday – Saturday – 1 p.m.-4 a.m.
• Sunday – 11 a.m.-1 a.m.; and

WHEREAS, Residents from the adjacent building (213) attended the Public Safety/Quality of Life Committee on Monday, July 7, 2008, to voice their concerns and complaints regarding the past three operations of this club, i.e., extreme noise the most problematic; and

WHEREAS, No one from any of the previous operations are involved in GQ Nightlife LLC; and

WHEREAS, The owner has hired a security firm (Arbus Protective Services), who attended the PS/QL meeting as well, and assured the committee and the residents that they will be:

• Using 17 security guards (more than required, i.e., 1 for every 75 patrons)
• Clearing out club goers and vehicles at closing time in a quiet and orderly manner
• Using special metal detectors on patrons
• Using special scanners (ID)
• Not allowing drugs of any kind; and

WHEREAS, In order to address and assuage the residents' fears and concerns, the committee requested and was given the following assurances/conditions/stipulations by the owner, which have been incorporated into a signed affidavit to be included in the application to the State Liquor Authority regarding the method of operation – the applicant will:

• Hire a sound engineer and will act on the findings (soundproof) in order to alleviate the noise problems that have been plaguing the residents over the years
• Arrange for the proper storage and pickup of garbage
• Provide the cell number of the night manager to the residents
• Instruct security personnel to keep smokers and other patrons on the street quiet and at a minimum
• Post special signage alerting patrons of their "Good Neighbor" Policy; therefore be it

RESOLVED, That Community Board Five recommends disapproval of the application for an on-premises liquor license for GQ Nightlife, LLC, located at 215 West 28th Street, unless the above and attached affidavit's stipulations/conditions are incorporated into the method of operation of the applicant's State Liquor Authority Application.

WHEREAS, Bway & 5th, Inc., has notified CB5 of their intent to file for an on-premises liquor license at 39 West 32nd Street; and

WHEREAS, The applicant, Kyung Rim Choi, who plans to open a Korean restaurant on the premises, also owns two other eating establishments in CB5, i.e., "BBQ" and "Don NYC Inc." at 15 E 32nd Street (both in good standing with CB5); and

WHEREAS, The premises are 5000 square feet with a basement that will house a full kitchen and the first floor/mezzanine that will house the restaurant; and

WHEREAS, The capacity is 168 with 40 tables and a bar (six stools), the hours of operation are 24/7 (no liquor after 4 a.m.), the restaurant will have quiet background music, and there are no other licenses in this building, this is in a commercial zone on a primarily commercial block; and

WHEREAS, The owner stated that this will not be karaoke nor will it become a lounge and has signed an affidavit accordingly; therefore be it

RESOLVED, That Community Board Five recommends disapproval of an on-premises liquor license for Bway & 5th, Inc., located at 39 West 32nd Street, unless the above and attached affidavit's stipulations/conditions are incorporated into the method of operation of the applicant's State Liquor Authority Application.

WHEREAS, Maku Rest Inc., has notified CB5 of their intent to file for the transfer of a liquor license for the premises at 55 West 55th Street; and

WHEREAS, CB5 has received numerous serious complaints in writing and via email regarding the present operation at 55 West 55th Street, and a resident representing the community attended the Public Safety/Quality of Life Committee meeting on Monday, July 7, 2008, in order to present the complaints in person to both the applicant and the community board; and

WHEREAS, A letter was received from the applicant's attorney requesting that this case be postponed to July 2008; and

WHEREAS, The applicant/attorney was reminded again a week before the committee meeting that his presence was requested on July 7, 2008; and

WHEREAS, Neither the applicant, Maku Rest Inc. (Kurtishi Madrit), nor the attorney (Henry Warokomski) attended the above referenced committee meeting; and

WHEREAS, The complaints (some appear to be obvious violations) were not able to be dealt with since the committee was not able to receive any information or answers to questions due to the applicant's/attorney's absence; and

WHEREAS, A letter outlining those complaints will be sent to the State Liquor Authority, pertinent City agencies, etc., along with a copy of this resolution, requesting clarification/information; therefore be it

RESOLVED, That Community Board Five recommends denial of the transfer of the on-premises liquor license for Maku Rest Inc., for the premises at 55 West 55th Street.

WHEREAS, Friedfield Breslin, LLC has notified CB5 of their intent to file for an on-premises liquor license at 1186 Broadway (Hotel Breslin); and

WHEREAS, The applicant, Kenneth Friedman, one of the principal owners of The Spotted Pig (314 West 11th Street) and other venues being sought (one partnering with Mario Batali), will be working at 1186 Broadway with Executive Chef April Bloomfield,  (presently co-owner and chef at The Spotted Pig), who was voted one of "10 Best Chefs of 2007"; and

WHEREAS, The premises are 2353 square feet (ground floor and mezzanine), have a capacity of 140, with 38 tables, with the kitchen closing at 12 midnight; and

WHEREAS, There will be no rear yard dining, no cabaret, no sidewalk café (not enough room), and no immediate intention to have rooftop dining but will abide by the findings of CB5's Public Safety & Quality of Life Committee if and when they do apply; and

WHEREAS, This operation is separate and apart from the hotel, which has its own "hotel liquor license" and came before CB5 in 2007; and

WHEREAS, This building is located in an historic district and the applicant has been advised that any exterior work to be done to the premises must be presented to CB5's Landmarks Committee and approved by the Landmark Preservation Commission; therefore be it

RESOLVED, That Community Board Five recommends approval of an on-premises liquor license for Friedfield Breslin, LLC, located at 1186 Broadway (Hotel Breslin).

WHEREAS, The Grand Central Partnership in partnership with the New York City Department of Transportation has proposed to create a network of 16-19 sidewalk directional compasses to be installed near the entrances to subway stations in the Grand Central Terminal neighborhood: and

WHEREAS, The compasses will be between 30 and 36 inches in diameter, made of solid bronze and placed into the sidewalk in prominent sites at subway entrances and exits; and

WHEREAS, The compasses will give directions to nearby avenues and streets as well as orient people to the directions for uptown and downtown; and

WHEREAS, The GCP and DOT tested a prototype of the directional compasses by installing temporary decals at four selected subway exits for one week around Grand Central Station in the fall of 2007; and

WHEREAS, During the one week testing period, GCP solicited comments and received nearly 800 responses from the public which were overwhelmingly positive and contained insightful suggestions for improvement of the sidewalk plaques; and

WHEREAS, The Board finds that the compasses are visually pleasing and unobtrusive while being very helpful for the many subway riders who are not familiar with midtown streets; therefore, be it

RESOLVED, Community Board Five approves the installation of the proposed bronze sidewalk compasses at the entrances to subways in the Grand Central neighborhood as part of a directional compass program.

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

WHEREAS, The Museum of Arts & Design ("MAD") located at 2 Columbus Circle between West 58th Street, Broadway and 8th Avenues, has requested changes to the parking regulations around the new museum including:

• changing the "No Standing Between 7 AM - 7 PM Except Sunday" to "No Standing Anytime Except Trucks Loading and Unloading" on the north side of West 58th Street so that the MAD can use its loading dock on that street; and
• Creating a new "drop-off only" area in front of the museum on Columbus Circle to be used for special events; and
• Creating a new taxi loading and unloading zone on Broadway; and
• Reserving parking for a "staging area" on the 8th Avenue side of the building; and

WHEREAS, The MAD hired a traffic consultant to recommend appropriate parking regulation changes to meet the Museum's needs; and

WHEREAS, MAD's traffic consultant has recommended changing the regulations on West 58th Street but has not completed a needed study of traffic on Columbus Circle; and

WHEREAS, West 58th Street in this area is extremely congested because of the bus lay-over on the south side of 58th Street and because the street narrows at this point.  The congestion is particularly bad during the evening rush hour; and

WHEREAS, The Board is concerned that any loading and unloading on Columbus Circle would create a dangerous condition because of the high speed traffic in this area and because this area is used for turning onto Broadway; and

WHEREAS, Using the 8th Avenue block as a "staging area" is impractical because most travel to the area would not arrive on the 8th Avenue side of the building and is dangerous because the "staging area" is in a bicycle lane; and

WHEREAS, MAD is overseeing a traffic study of the Columbus Circle traffic which should be shared with both the Board and the Department of Transportation when it is completed so that the taxi loading question can be revisited; therefore, be it

RESOLVED, That the Board approves the proposed taxi-loading and unloading zone on Broadway; and be it further

RESOLVED, That the Board approves changing the parking restrictions on the north side of 58th Street provided that the proposed loading and unloading zone is restricted to the hours of 7 AM to 4 PM and 7 PM to 11 PM and that there is No Standing on this block between 4 PM and 7 PM Monday through Friday and also requests that the Department of Transportation examine the traffic situation in this area and consider moving the bus lay-over zone to a less congested area nearby; and be it further

RESOLVED, That the Board does not approve of creating a "staging area" on 8th Avenue or a loading and unloading zone on Columbus Circle but requests that the MAD share its traffic study when it is completed with the Board and the Department of Transportation and the Board so that these issues can be re-examined.