WHEREAS, The applicant seeks a permit to install and operate a newsstand on Seventh Avenue at the corner of Central Park South; and

WHEREAS, The proposed newsstand would be located in an area that registers a moderate to heavy pedestrian flow, fluctuating seasonally, and reaching critical level when there is heavy use of Central Park; and

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

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

WHEREAS, The proposed location is directly adjacent to the New York Athletic Club, the Italian-Renaissance-palazzo-style club, designed by York & Sawyer and ½ a block away from the individual landmark Alwyn Court Building; and

WHEREAS, The proposed newsstand would detract from surrounding late 19th and early 20th century buildings and would not be harmonious with its surroundings; and

WHEREAS, The neighborhood is adequately served by the existing newsstand on 7th Avenue, on the northwest corner at 57th Street; and

WHEREAS, The newsstand would negatively impact on the surrounding area creating physical and visual clutter; therefore be it

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

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 5pm on a weekday.

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

WHEREAS, The Port Authority of New York and New Jersey and New Jersey Transit have made an application to amend the Zoning Resolution to permit an underground train station under West 34th Street and a Special Permit under the new provisions to build two fan plants (with certain bulk waivers also allowed by Special Permit) and several entrances to the station in Community Board 5; and

WHEREAS, The Board has previously expressed its position on the overall design and location of the Access to The Region's Core ("ARC") tunnel project by our resolution of  May, 7, 2008; and

WHEREAS, The Board still finds that the proposed station is far too deep and should be linked and integrated with Pennsylvania Station with continuing service to Grand Central Terminal but the Board does not find it necessary to address those issues again and will limit its comments and findings to the station entrances, fan plants and pedestrian circulation issues presented by the project; and

WHEREAS, The ARC project, when completed, will bring tens of thousands of new pedestrians each day to the already severely overcrowded section of West 34th Street between 6th and 8th Avenues;  and

WHEREAS, The proposal is for five entrances from sidewalks in Community Board Five, two each at Broadway and 7th Avenues and one at 8th Avenue, a reduction from eight entrances in the 2007 station plan.  To their credit and in keeping with new construction requirements, all of the entrances will replace existing subway entrances located on the sidewalk and move them into adjacent buildings; and

WHEREAS, The applicant believes that its proposed underground link between 6th and 7th Avenue which requires descending to the ARC station mezzanine 153 feet below the surface is an enhancement to the area, the Board believes that few rational pedestrians would use this "amenity"; and

WHEREAS, At Sixth Avenues, the ARC proposal calls for entrances on the northwest corner of 34th and Broadway and on the south side of 34th Street near the corner of Sixth Avenue.  These entrances and the adjoining passageways would greatly improve the underground accessibility to the subways at this crowded NYC Transit station; and

WHEREAS, The proposed entrance on the northwest corner of 34th Street and Broadway is limited to the area now occupied by a sunglass vendor on the corner lot.   Consequently, the entrance is too small and its design does not make significant improvements to the existing pedestrian circulation options in this area; and

WHEREAS, The Board believes that to improve pedestrian circulation in this area, the corner building on this intersection should be setback from the sidewalk (perhaps in a rounded chamfer fashion) with a larger station entrance along Broadway utilizing portions of the existing Macy's; and

WHEREAS, The proposed entrances at 7th Avenue on the northwest and southwest corners will provide some improvements to pedestrian circulation in the area by moving the sidewalk entrances into buildings and providing a new underground passage to Pennsylvania Station from the north side of 34th Street; and

WHEREAS, The 8th Avenue entrance is proposed for the southeast corner of 34th Street and would provide access to Pennsylvania station.  But this is the only new entrance proposed for this intersection, a previously proposed entrance on the northeast corner of 8^th Avenue and 34^th Street and an optional entrance on the southwest corner of 8^th Avenue and 34^th Street having been removed from the station plan, so that passengers coming from the north and west would have to cross large and already overcrowded intersections to utilize this station entrance; and

WHEREAS, The Board believes that an additional entrance on the northeast and southwest corners of 8th Avenue and 34th Street would greatly improve pedestrian circulation in the area and help alleviate the increased crowds in the area as well as provide additional entrances to the planned Moynihan Station; and

WHEREAS, There are also alternative plans for the southern entrance at 7th avenue and the 8th avenue entrances which would place the station entrance in the public space running between 34th and 33rd Streets and in the public space at 9th Avenue and 34th Street.  These alternatives would be necessary in the event that the proposed Penn Plaza development moves forward before construction begins on the new station.   While  the Board objects to the use of  public space for new entrances where private space would also be available, any such proposal would be subject to a ULURP process and the Board would have the right to review these proposals if they materialize; and

WHEREAS, The ARC project includes two 10 or more story fan plants to be used in emergencies.  One plant will be located on the north side of 33rd Street between 7th and 6th Avenues and the other on West 35th Street between 7th and 8th Avenues; and

WHEREAS, The preliminary designs for the fan plants seek to "blend in" to the surrounding cityscape so that they are unobtrusive, bland and completely forgettable; and

WHEREAS, The Board feels that these plants present an opportunity for a public project which might include a park-like setting, a simple water feature or landscaped wall or an art piece on the exterior and the applicant should be required to use these opportunities to improve the existing cityscape instead of seeking to be subsumed by it; and

WHEREAS, All of the proposed entrances and fan plants will require the use of eminent domain and will displace existing businesses; and

WHEREAS, Many, if not most, of the displaced businesses are occupied by tenants with long-term leases which have marginal value in an eminent domain proceeding but which may have an established and reliable customer base which might not be transferable to another location.   The Board feels that these lease holders should be compensated in full for the value of their leases.  Leaseholders should also be compensated for the costs associated with relocation and the value of the good will built up over many years in operation and which may not be transferrable to a new location; therefore be it

RESOLVED, That Community Board Five continues to oppose the proposed NJ Transit railroad terminal 175 feet beneath 34^th Street centered on 7^th Avenue and instead, as previously proposed in a CB5 resolution (May 2008), strongly supports connecting the new ARC tunnels into existing Penn Station and resuming planning and rapid completion of a track connection from Penn Station to Grand Central Station, thereby:

1.      Avoiding the sidewalk, intersection and street congestion created by the underground train station under 34^th Street; and

2.      Eliminating the local property takings required for fan plants and entrances required by such a facility; and be it further

RESOLVED, That Community Board Five recommends denial of the Special Permit unless the applicant:

1.      Enlarges the entrance area on the northwest corner of Broadway and 34^th Street and chamfers (round off) the acute angle building corner so as to improve pedestrian circulation; and

2.      Includes new entrances to the station on the north and west sides of 8th Avenue and 34^th Street; and

3.      Agree to submit any proposals for the use of public space for new entrances to a consultation process; and     

4.      Includes plans for fan plants and station entry portals which enhance the cityscape in their surrounding areas with aesthetically pleasing or artistically challenging enhancements to the area; and

5.      Renews efforts to study alternative locations for the fan plant on 33^rd Street and agrees to provide adequate compensation to all current leaseholders on property to be taken for fan plants and station entry portals, including the costs of relocation and the loss in value of the goodwill of those businesses.

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

WHEREAS, 1 East 29th Street, Church of the Transfiguration a/k/a "The Little Church Around the Corner" is an individual NYC Landmark; and

WHEREAS, As a result of the construction of a large residential tower building directly to the south of the church, the churchyard has lost considerable sunlight and is in need of redesign and replanting; and 

WHEREAS, In order to restore the churchyard and maintain the garden, the church is requesting changes in the design and appearance of the churchyard, including:

WHEREAS, The modifications will help the church maintain the churchyard (which is open to the public like a park) at a relatively low cost and will assist the church in fulfilling its mission in other ways, and

WHEREAS, Most of these changes, with the exception of the paved area, are considered relatively minor and none will change the essential character of the Landmark, therefore be it

RESOLVED, Community Board Five recommends approval of the application for reconstruction of the churchyard at 1 East 29th Street, Church of the Transfiguration.

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

WHEREAS, 41 East 20th Street located between Broadway and Park Avenue South is a three-story store and loft building in the Ladies Mile Historic District; and

WHEREAS, Mari Vanna, the tenant for the ground floor restaurant, 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 installation of the new storefront would include doors and ground floor transom windows, which relate to the architecture in the upper two floors; and

WHEREAS, The installation of the new awning with a skirt would be appropriate to this building, since it would be in alignment with an adjacent existing awning over the building entrance, and would be keeping in character with the Ladies Mile Historic District; and

WHEREAS, Paint samples were exhibited to Community Board Five for evaluation; and

WHEREAS, The proposed replacement design is an upgrade of the existing condition of the building's storefront in its functional elements and design and is 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 approval of the application for replacement of the existing storefront at 41 East 20th Street.

The above resolution passed by a vote of 26 in favor; 3 opposed; 1 abstaining.

WHEREAS, 210 Fifth Avenue, is located in the Ladies Mile Historic District, and has applied to LPC for approval of an alteration to a rooftop elevator machine bulkhead; and

WHEREAS, The new bulkhead will be larger than the existing bulkhead to house more efficient elevator machinery and will be somewhat more visible from the public way; and

WHEREAS, Such approvals for mechanical equipment purposes do not usually require an LPC hearing and can be approved by LPC staff so that Community Board Approval is not normally requested; and

WHEREAS, The proposed cladding material, zinc, may be the reason that CB 5 was asked to review the application; and 

WHEREAS, The visual impact of the new bulkhead is not considered significant; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for 210 Fifth Avenue for alterations to the existing elevator machine room bulkhead.

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

WHEREAS, The performer “Big Brother”  would like to perform on the South Plaza of Union Square Park on April 3, 2009; and

WHEREAS, The event is free, no commercial merchandise will be sold and donations will be solicited; and

WHEREAS, The set up, take down and performance will all take place within the hours of 12:00 and 4:30; and

WHEREAS, The sound amplification will be kept below the decibel levels required for a sound permit by the Police Department; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by “Big Brother” for a one man band event on June 28th, 2009.

The above resolution passed by a vote of 29 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, Christine Clark has submitted an application seeking permission for a special event to be conducted in the South Plaza of Union Square Park on Friday March 27, 2009 between the hours of 3:30 PM and 5:30 PM, requiring set-up to begin at 2:30 PM, and clean-up to be completed by 6:30 PM; and

WHEREAS, The proposed Play Day social gathering event would give participants the opportunity to play games such as hopscotch and jump rope; and

WHEREAS, The event is free of charge to all participants, and there will be no sale merchandise or food, nor will there be any advertising materials distributed; and

WHEREAS, It is anticipated that approximately 50 to 100 people may attend the proposed event; and

WHEREAS, The proposed event is one which does not require a large amount of space, is brief in duration, does not have a commercial intent, and may offer some public benefit; therefore, be it

RESOLVED, That Community Board 5 recommends approval of the application by Christine Clark to conduct the Play Day social gathering event in Union Square Park on Friday March 27, 2009.

The above resolution passed by a vote of 29 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, The International Council for the Celebration of Buddha’s Birthday has submitted an application seeking permission for a special event to be conducted in the South Plaza of Union Square Park on Sunday May 3, 2009 between the hours of 3:00 PM and 7:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on March 2, 2009 to present their proposal for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by The International Council for the Celebration of Buddha’s Birthday to hold a special event in Union Square Park on Sunday May 3, 2009.

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

WHEREAS, The Gerald Peters Gallery proposes to install a collection of seven bronze and steel sculptures by the well-known artist James Surls on the Park Avenue malls between East 50th and East 57th Streets from mid-March through July 1st, 2009; and

WHEREAS, The size of each piece of sculpture ranges from 9 feet to 15 feet in height; and

WHEREAS, The City of New York Parks & Recreation Department will require that The Gerald Peters Gallery pay for installation and removal costs, including any needed repair of the malls; and

WHEREAS, The installation and removal of the sculpture will abide by Department of Transportation regulations; and

WHEREAS, Quality public sculpture is a welcome addition to the City's cultural landscape; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for the exhibit of James Surls sculpture collection on the Park Avenue Malls.

The above resolution passed by a vote of 29 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, LeadDog Marketing Group has submitted an application seeking permission for a special event to be conducted in the South Plaza of Union Square Park on Thursday April 2, 2009 between the hours of 8:00 AM and 6:00 PM, requiring set-up to begin at 5:00 AM, and dismantling and clean-up to be completed by 8:00 PM; and

WHEREAS, The applicant has stated that the purpose of this proposed event is as part of a marketing campaign to promote Vitamin Water’s new sports drink Perfect 10; and

WHEREAS, The proposed event would be held in a walled-off space, measuring approximately 30’-0” X 20’-0” X 8’-0” to be set-up on the South Landing located between the George Washington statue and the steps facing 14th Street; and

WHEREAS, There will be a MC with amplified sound and the event space will contain stations where the public can participate in activities that “burn 10 calories” – the drink’s caloric content; and

WHEREAS, The event is free of charge, although branded products and materials will be handed out, and it has been estimated that attendance would be approximately 1,000 people; and

WHEREAS, The individual stations and the wall surrounding the event space prominently feature branding and advertising; and

WHEREAS, Due to the ongoing construction in the North Plaza, and the relocation of the Greenmarket toward the west and the south, there is a decrease in available park space, as well as fewer days in which special events can be held in the South Plaza of Union Square Park; and

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

WHEREAS, Although we acknowledge that exercise is an important health issue, we do feel that suggesting “ways to burn 10 calories” such as Black Jack and Rock-Paper-Scissors is a promotional gimmick with dubious public benefit; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by LeadDog Marketing Group to conduct a promotional event in the South Plaza of Union Square on Thursday April 2, 2009.

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

WHEREAS, Madison Square Park Conservancy is applying for permits for the following special art installations in 2009 by:

WHEREAS, These are long standing popular art installations; therefore be it

RESOLVED, That Community Board 5 recommends approval of the Madison Square Park Conservancy’s applications.

The above resolution passed by a vote of 29 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, Rocky Coulbourne has submitted an application seeking permission for a special event to be conducted in the South Plaza of Union Square Park on Friday March 13, 2009 between the hours of 11:00 AM and 7:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on March 2, 2009 to present their proposal for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Rocky Coulbourne to hold a special event in Union Square Park on Friday March 13, 2009.

The above resolution passed by a vote of 29 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, SeungTaek Jung has submitted an application seeking permission for a special event to be conducted in the South Plaza of Union Square Park on Friday March 20, 2009 between the hours of 1:00 PM and 5:00 PM; and

WHEREAS, The proposed Free Hug Event, would involve 25 individuals who will offer hugs, handshakes and “high fives” to those passing through the southwest section of Union Square Park; and

WHEREAS, There will be no sale merchandise or food, nor will there be any advertising materials distributed; and

WHEREAS, There is a requirement for amplified sound at this event, for which the applicant is expected to obtain necessary permits; and

WHEREAS, Identifying hand held signs will not obstruct pedestrian movement; and

WHEREAS, Hugs and handshakes will be given, and photographs of participants with the “huggers” shall be taken only with the individual participants prior consent; and

WHEREAS, The primary purpose of the event is to provide some cheer to people in these trying times, therefore be it

RESOLVED, That Community Board 5 recommends approval of the application by SeungTaek Jung to conduct the Free Hug Event in Union Square Park on Friday March 20, 2009.

The above resolution passed by a vote of 29 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, Street Disciplines Team has submitted an application seeking permission for a special event to be conducted in Bryant Park on Saturday March 21, 2009 between the hours of 12:30 PM and 4:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on March 2, 2009 to present their proposal for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Street Disciplines Team to hold a special event in Bryant Park on Saturday March 21, 2009.

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