WHEREAS, the 47th Street BID is proposing to install interactive kiosks on each end of 47th street on the North side of the street; and

WHEREAS, the kiosks would be 0.74’ deep, 8.30’ tall and 3.35’ wide, made of aluminum with a sunlight readable screen. The interactive kiosks would be closed at night and would be maintained by the BID, and

WHEREAS, the kiosks will provide a directory of all businesses (1300 businesses located in the district) located in the Diamond District, as well as the 47th BID website and an interactive map, helping visitors find the information they need in the district; and

WHEREAS, CB5 requested that the applicant add some historic content and improve the design of the back of the kiosk; and

WHEREAS, although CB5 recognizes that the sidewalk usually registers heavy pedestrian traffic, the kiosks would have a minimally adverse impact, therefore be it

RESOLVED, Manhattan Community Board Five recommends approval of the 47th Street Business Improvement District’s effort to develop an information kiosk that provides easily accessible and clearly understandable information to pedestrians and requests that prior to City approval for installation of the kiosk the 47th Street BID take into account the Board’s concerns for:

The above resolution passed with a vote of 39 in favor, 0 opposed, 1 abstention.

WHEREAS, The applicant seeks a revocable consent for the installation of security bollards at 200 Park Avenue, on the viaduct level; and

WHEREAS, The bollards would replace existing concrete barriers; and

WHEREAS, The proposed bollards would have no negative impact on pedestrian traffic as they would be installed at areas where pedestrian traffic is not permitted; and

WHEREAS, The applicant was prompted by the NYDP Counter-terrorism division to proceed with the application; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a revocable consent to install security bollards at 200 Park Avenue.

The above resolution passed with a vote of 39 in favor, 0 opposed, 1 abstention.

WHEREAS, The Applicant is proposing to install five (5) tables and twenty (20) seats, leaving a 8 ft. clearance for pedestrian traffic; and

WHERAS, The Applicant is proposing to operate the Sidewalk Café from 8 AM to 8 PM; and

WHEREAS, Two to three local residents appeared at the meeting to express their frustration with illegal parking by Pedi-Cabs and illegal vendors and hawkers while acknowledging that the applicant has been a good neighbor; and

WHEREAS, The applicant agreed to submit revised seating plans to eliminate 2 tables to provide an unobstructed entranceway in response to the Committee’s concern that the proposed seating plan would hinder the entranceway to the applicant’s interior premises and leave only 5’ of sidewalk for pedestrians between the existing tree on the sidewalk and the proposed service aisle of the sidewalk cafe; and 

WHEREAS, The applicant agreed to open no earlier than 10 AM on weekends and to close the sidewalk café completely by 8:30 PM; and

WHEREAS, the sidewalk congestion has been temporarily abated by the closure of the subway entrance on the southeast corner of 59th Street and Broadway as well as the partial closing of Broadway to cars;  and

WHEREAS, CB5 recognizes that the sidewalk usually registers heavy pedestrian traffic and that the re-opening of the subway entrance on the southeast corner of 59th Street and re-opening of Broadway to vehicular traffic, may necessitate that the Consent be revoked in the future, therefore be it

RESOLVED, That Community Board 5 recommends approval of the revocable consent to install an Unenclosed Sidewalk Café for five (5) tables and twenty (20) seats at 1800 Broadway (Between 58th Street & Columbus Circle).

The above resolution passed by a vote of 26 in favor; 13 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the northeast corner (NEC) of West 43rd Street & 6th Avenue; and

WHEREAS, The proposed site is located in one of the most densely crowded and heavily trafficked sidewalks in our District; and

WHEREAS, There is another newsstand in 1155 Avenue of the Americas; and

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

WHEREAS, The additional sidewalk congestion precipitated by the proposed newsstand may lead pedestrians to walk in the gutters and streets, thereby adding to traffic congestion and creating a potentially dangerous condition; and

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

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NEC West 43rd Street & 6th Avenue; and be it further

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

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

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of Lexington Avenue and East 57th Street; and

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

WHEREAS, A representative of East Midtown Partnership (BID) did appear to object to the application on the basis of impact on pedestrian traffic on an already overcrowded area and the economic threat that the newsstand would pose to the existing retailers who are already suffering badly from the current economic conditions; and

WHEREAS, The proposed newsstand would visually and aesthetically undermine the extensive capital improvement project undertaken by the owner of the adjacent building; and

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

WHEREAS, The additional sidewalk congestion precipitated by the proposed newsstand may lead pedestrians to walk in the gutters and streets, thereby adding to traffic congestion and creating a potentially dangerous condition; and

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

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC Lexington Avenue & East 57th Street; and be it further

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

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

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of 34th Street and Broadway; and

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

WHEREAS, The proposed newsstand would be located at the same site as an existing bus stop; and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow, that will even increase with the construction of the ARC (Access to the Region’s Core project); and

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

WHEREAS, The additional sidewalk congestion precipitated by the proposed newsstand may lead pedestrians to walk in the gutters and streets, thereby adding to traffic congestion and creating a potentially dangerous condition; and

WHEREAS, CB5 received letters of opposition to the proposed newsstand from the 34th Street BID as well as from ARC (Access to the Region’s Core); and

WHEREAS, Community Board 5 is gravely concerned by the increase of nonconforming applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

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

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC 34th Street and Broadway; and be it further

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

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

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of West 35th Street & 5th Avenue; and

WHEREAS, The proposed newsstand would extend beyond the building line and create a visual blight along the Fifth Avenue corridor in violation of CB 5’s Moratorium on newsstands and other street furniture along 5th Avenue from 34th Street to 59th Street; and

WHEREAS, The local residents, in particular the residents of the Coop building adjacent to the proposed newsstand, as well as retail businesses appeared at the meeting by a representative to vehemently object to the proposed newsstand application proposed site based on negative impact on pedestrian traffic to an already heavily congested area and adverse economic impact on the area’s retailers, in particular the two retailers on two of the corners of 5th Avenue and 35th Street; and

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

WHEREAS, The additional sidewalk congestion precipitated by the proposed newsstand may lead pedestrians to walk in the gutters and streets, thereby adding to traffic congestion and creating a potentially dangerous condition; and

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

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC West 35th Street & 5th Avenue; and be it further

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

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

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

Dear Borough Commissioner Forgione, Deputy Director Gotay, Chair Burden and Exec Director Snyder:

Community Board Five is deeply concerned by the upsurge of newsstand applications in our district, many of which are ineligible based on the Rules of the City of New York.  We would like to offer some suggestions to improve the process for all concerned.

Community Board Five members have spent countless hours surveying proposed sites as part of our mandated responsibility to review these applications, often to find them non-compliant on the face of it.  We urge DCA to implement a pre-screening process that would eliminate applications that are not in compliance for obvious reasons or reasons easy to assess - such as a newsstand in front of a building that has three or more floors of retail, or located within a non-compliant distance to a subway entrance, a vent, a bank, or under a fire escape, etc.

Toward that end, Community Board Five strongly urges the Department of Consumer Affairs, the Department of Transportation and the Design Commission to work with us and other interested parties (including the relevant BIDs) to establish an advisory master plan, and a map with locations where new newsstands would be permissible under current city rules.  In this way, DCA would inform applicants that a desired location is not in compliance with City regulations prior to an applicant financially investing in the application process.

Our district, which includes New York's central business district, suffers from high levels of pedestrian congestion and is home to some of the world's most renown landmarks and exceptional visual corridors (Empire State Building, Chrysler Building, 5^th Avenue visual corridor, Park Avenue visual corridor...).  A comprehensive advisory master plan would help potential applicants pick and choose their spots with greater care and success.

Finally, Community Board Five is very concerned about the financial hardship newsstand operators are subjected to during the application process.  In addition to the fee to DCA, newsstand operators generally need to hire an architect to provide drawings, which cost them thousands of dollars.  Recognizing that the cost of a newsstand application is very high for small business owners and operators, Community Board Five requests that DCA refund the application fee for applications that are denied.  We also recognize that applications for newsstands are usually presented by small business owners who are members of minority groups and recent immigrants and urge the Department of Small Business Services to offer assistance to applicants with the cumbersome details of the application process.

We believe that if the aforementioned changes in the application and approval process were put into place, the applicants and the City would greatly benefit.  We look forward to discussing these issues with the involved city agencies and other appropriate parties, to put in place a streamlined and more coherent process for all concerned.

WHEREAS, The building located at 49 West 20th Street at 6th Avenue, known as the Episcopal Church of the Holy Communion, is a designated individual NYC Landmark as well as a contributing property in the Ladies Mile  Historic District, built in 1846 by renowned Boston architect Richard Upjohn; and

WHEREAS. After the Church was deconsecrated it was sold to a private investor, Mansion Realty LLC,  who subsequently net leased the property to a series of nightclub operators who at various times operated clubs on the premises known as Limelight and Avalon; and

WHEREAS, The owner of 49 West 20th Street has now leased the premises to another operator who wishes to change the use of the building to a retail market and do exterior work on the building and the property in order to fulfill this business plan; and

WHEREAS, The NYC Landmark Preservation Commission has filed numerous violations against this property, some of which are more serious than others, some of which have been have apparently been corrected; and

WHEREAS, As recently as August 19, 2009 the NYC Department of Buildings issued a Stop Work Order stating "FULL STOP WORK ORDER SERVED, GUT RENOVATION NO PERMITS ISSUED," continuing a pattern of illegal activity associated with this property; and

WHEREAS, The applicant, the current operator, has indicated to CB5 that it intends to do the following work:

• Remove overgrown shrubs and extend the existing flagstone paving in the courtyard on 20th street for an outdoor seating/eating area
• Restore existing fountain to operating condition
• Remove the existing 6' tall fence around the courtyard, and replace with a hedge row of cedar trees to grow to 10' max ht.
• Remove all other low fencing around building except fence and gate at Rectory entrance on 20th street
• Install new landscaping all around building and in courtyard
• Restore alleyway between main church and Sister's House on 6th Ave. to original configuration
• Install new 20' tall flagpoles w/ banners along 20th street
• Install a new banner on the existing flagpole on the bell tower on 6th Ave.
• Install a new banner on a new flagpole on the Sister's House entry tower on 6th Ave.
• Install new free standing arched entry signs outside of the two main entrances to the church, one on 6th Ave. and one on 20th St.
• Replace existing yellowed plexiglass covering 1st Floor windows with new Lexan (non-yellowing clear acrylic)
• Replace broken clear glass on existing wood mullioned windows; clean all windows; and

WHEREAS, Several of the above changes would either 1) seriously alter the landmarked historical significance of this building, or 2) not cure LPC violations; in particular, the lack of restoration of the stained glass, the lack of restoration of the roof, the removal of the fence surrounding the building rather than its restoration, the excessive signage in the way of freestanding banners surrounding  the building, banners on the building, and two LED-lighted archways in front of the building; and

WHEREAS, Some of the proposed changes could benefit the building, and these are

• Remove overgrown shrubs and extend the existing flagstone paving in the courtyard on 20th street for an outdoor seating/eating area
• Restore existing fountain to operating condition
• Install new landscaping all around building and in courtyard
• Restore alleyway between main church and Sister's House on 6th Ave. to original configuration
• Replace broken clear glass on existing wood mullioned windows; clean all windows; and

WHEREAS, Community Board Five would welcome these beneficial changes if they were done in conjunction with the other work that would restore the building to its historical landmarked condition; and

WHEREAS, Neither the owner of the property nor its current operator appeared at  the CB5 Landmarks Committee Meeting on September 1, 2009 to assure CB5 of their full future compliance with all relevant New York City and State law with respect to this building;  therefore, be it

RESOLVED, Community Board Five recommends denial of the application by 49 West 20th Street, Limelight (Episcopal Church of the Holy Communion), for a Certificate of Appropriateness for exterior renovations.

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

WHEREAS, 100-102 East 17th Street (aka 44 Union Square East), the old Tammany Hall, is a 1929 Colonial Revival style building with a red brick façade and white granite, designed to evoke the “days of early American architecture” (according to the 1928 Real Estate Record) by architects Thomson, Holmes & Converse and Charles B. Meyers; and

WHEREAS, The building also has a significant cultural history since it was the headquarters of the “infamous” Democratic political machine known as “Tammany Hall” from 1929 to 1943, and thereafter, continued to be a center of the political and arts communities, housing first the international Ladies Garment Workers Union, then and currently an Off-Broadway theater, and the New York Film Academy; and

WHEREAS, The initial attempt to designate Tammany Hall in 1984 by including it in a proposed Union Square Historic District did not succeed since the Landmarks Preservation Commission preferred piecemeal designation for Union Square, which currently has 12 individually designated buildings; and

WHEREAS, Union Square has been designated a National Historic Landmark by the Federal government; and

WHEREAS, Tammany Hall is in the 1985 Union Square Special Zoning District, which provides, among other things, that air rights from adjacent properties outside the Special District cannot be used within the Special District, and

WHEREAS, Tammany Hall was identified by the City Planning Department as a “significant building” in the Union Square Special Zoning District; and

WHEREAS, In 1998, Tammany Hall was not included in the East 17th Street/Irving Place Historic District which starts on the east side of Tammany Hall since the buildings in the Historic District consisted of 10 contiguous 19th century Renaissance Revival residential houses which were not architecturally similar to Tammany Hall; and

WHEREAS, Over many years the community support for the designation of Tammany Hall has been very strong, as has the substantial support from the area’s political leaders and various organizations such as The New York Landmarks Conservancy, The Municipal Art Society of New York, The Historic Districts Council, The Gramercy Neighborhood Associates, and The Union Square Community Coalition; therefore be it

RESOLVED, Manhattan Community Board #5 recommends that 100-102 East 17th Street (aka 44 Union Square East), the old Tammany Hall, be approved as a Designated New York City Landmark based on its distinctive architecture, historic significance, and cultural importance to the City.

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

WHEREAS, 205 West 57th Street, located at the Northwest corner of 7th Avenue and 57th Street and also known as The Osborne, was built in 1883-85 by the architect James E. Ware and received landmark designation in 1991; and

WHEREAS, The request is for the interior renovation of the combined apartments 11A, 11B and 12A and the construction of a rooftop addition above this penthouse apartment; and

WHEREAS, The interior renovation is not for consideration by this Board; and

WHEREAS, The rooftop addition replaces a small structure added prior to designation that is in poor condition; and

WHEREAS, The new structure will only marginally increase the height of the current structure; and

WHEREAS, An outline of the new structure has been set up on the roof for clear evaluation and consideration; and

WHEREAS, It has been demonstrated that it is extremely difficult to see the structure from any of the surrounding streets; and

WHEREAS, A very limited view of the top line of the structure only begins to be evident from at least 3 blocks distant at 7th Avenue between 54th and 55th Streets; and

WHEREAS, The requested work is deemed to not in any way affect the public view of a landmark known as one of the grandest apartment buildings of its era; therefore, be it

RESOLVED, Community Board Five recommends approval of the application to renovate the aforementioned structure and build the rooftop addition on 205 West 57th Street.

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

WHEREAS, 224 West 57th Street, located at the Southeast corner of Broadway and 57th Street and also known as The Argonaut, was built in 1909 as two distinct buildings for the AT Demarest and Peerless Motor Companies by Francis H. Kimball; and

WHEREAS, They were designed to complement the Broadway Tabernacle Church built by Barney & Chapman at the Northeast corner of 56th Street and Broadway, which was demolished in the 1960s; and

WHEREAS, The two buildings were bought by the General Motors Corporation and combined by J.V. Phelan in 1919; and

WHEREAS, 224 West 57th Street received landmark designation in 2000; and

WHEREAS, The portion of work that will be visible to the public is on the South elevation, facing 56th Street, and including the expansion of the westernmost windows on the fifth, seventh and eighth stories to regularize the fenestration, matching the width and height of the windows on the third, fourth and sixth stories enlarged prior to designation; and

WHEREAS, The work will also include replacing the window materials with one-over-one aluminum double-hung sash to match the existing windows on the street façades on Broadway and on 57th Street; and

WHEREAS, The apartment building on the former site of the Broadway Tabernacle blocks the majority of the South elevation, with only the most Western vertical line of windows easily visible to the public on Broadway and only a second line of windows visible from parts of West 56th Street; and

WHEREAS, This blockage has greatly affected the Southern views of the Argonaut; and

WHEREAS, The renovation in the application will have no impact on the public views of the visible facades; therefore, be it

RESOLVED, Community Board Five recommends approval of the application to renovate the window openings and materials on the Southern elevation of 224 West 57th Street.

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

WHEREAS, The B.F. Goodrich buildings, located at 1780 Broadway and 225-227 West 57th Street, were constructed in 1909 by BF Goodrich, a leading American manufacturer of automobile tires and other rubber products, and were built for the new automobile industry; and

WHEREAS, They were designed by the noted, prolific and widely respected and significant Chicago architect Howard Van Doren Shaw and are believed to be his only existing work in NYC; and

WHEREAS, They were built at a time when this section of midtown Manhattan was known as “Automobile Row” as its neighbors included A.T Demarest, Peerless Motor Company,  General Motors and others; and

WHEREAS, Though built with separate permits, a rendering that appeared in l909 in the NY Times shows that Goodrich conceived them as a single project – with an unrelated 4-story structure (not being considered for designation) between them -  an L-shaped plan wrapping around and behind the corner lot which apparently Goodrich could not secure; and

WHEREAS, The Broadway building, which served as the company’s headquarters, is 12-stories tall and the west 57th Street building, built as speculative offices, is 8-stories and both originally shared a large freight elevator and steam heating plant, and

WHEREAS, Constructed of red brick and limestone, the steel-frame buildings display similar and complementary tripartite facades. Noted for their distinguished designs, Shaw took his inspiration from the Chicago School and Louis Sullivan and the rare influences of the Viennese Secession are visible in decorative limestone carvings; and

WHEREAS, The Viennese Secession- consisted of a notable group of artists and architects who seceded from the Conservative Academy of Art in Vienna in 1897 to present a new style of architecture which included strong cubic walls, windows with strong horizontal focus and delightful open work metal as seen in the Goodrich buildings and incorporated some of the French Art Nouveau, into an Austrian-German Art Nouveau; and

WHEREAS, In his letter to LPC Chairman Tierney, Andrew Dolkart, Director of Historic Preservation at Columbia’s School of Architecture, said he frequently assigns his students to tour 57th Street since it is lined with “compelling structures” (Goodrich buildings among them), “with their unique designs…emphatically horizontal windows and contrasting brick and limestone, [they] display a fascinating combination of Chicago School attributes and the Beaux Arts forms popular in New York”; and

WHEREAS, Dolkart added, “though it appears to be two separate buildings, it clearly reads as a single integrated design and the L-shape angling around a corner structure is quite powerful and deserves protection in its totality…I wholeheartedly support designation in its entirety”; and

WHEREAS, According to the respected New York Landmarks Conservancy, referring to the Goodrich buildings, they were part of “Automobile Row and are examples of the historic prominence of the Automotive industry in New York City and we commend the Landmarks Preservation Commission for bringing them to a public hearing”; and

WHEREAS, Although there have been some storefront alterations at the ground floor, the buildings appear to be in a good condition with many original details still in existence. (There is netting covering the 57th Street building); therefore be it

RESOLVED,  That Community Board Five recommends designation for the BF Goodrich Buildings located at 1780 Broadway and 225-227 West 57th Street, since they are important for their distinct and distinguished architecture and for the part they played in this city’s culture, representing the important Automotive Industry which played and still pays an enormous role in this city’s history and growth.

The above resolution passed by a vote of 23 in favor; 14 opposed; 1 abstaining.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WHEREAS, 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, Bullets 4 Peace has submitted an application seeking permission for a special event to be conducted in Father Duffy Square on Thursday September 17, 2009, between the hours of 7:00 PM and 11:00 PM, requiring set-up to begin at 12:00 PM and dismantling and clean-up to be completed by 12:00 PM, and is open to the public; and

WHEREAS, Bullets 4 Peace has proposed to conduct a fashion show to promote their collection of jewelry; and

WHEREAS, The event would include celebrity performances, and would have live models exhibiting Bullets 4 Peace jewelry pieces, and there would be two (2) large video screens which would display the models close-up and also text regarding information on the issue represented by the specific "bullet" being worn, i.e. “10 people are killed by guns each day”; and

WHEREAS, Although the proposed event does provide an opportunity for the public to watch a fashion show, there is an undeniably primary promotional aspect to the activities involved in the proposed event; and

WHEREAS, Although we also acknowledge and are supportive of the art of fashion, Community Board Five has repeatedly taken the position to deny access to our parks for special events that are predominantly commercial in nature; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by Bullets 4 Peace to conduct a fashion show with live entertainment in Father Duffy Square on Thursday September 17, 2009 

The above resolution passedby a vote of 31 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; City Eventions has submitted an application seeking permission for a special event to be conducted in Union Square Park on Thursday September 17, 2009 between the hours of 11:00 AM and 5:00 PM; and

WHEREAS; The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on Monday August 31, 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 City Eventions to hold a special event in Union Square Park on Thursday September 17, 2009.

The above resolution passed by a vote of 31 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; Fashion Indie Media has submitted an application seeking permission for a special event to be conducted in Union Square Park on Saturday September 12, 2009 between the hours of 4:00 PM and 7:00 PM; and

WHEREAS; The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on Monday August 31, 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 Fashion Indie Media to hold a special event in Union Square Park on Saturday September 12, 2009. 

The above resolution passedby a vote of 31 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, Jack Rich Productions has submitted an application seeking permission for a special event to be conducted in Father Duffy Square on Tuesday September 15, 2009, between the hours of 7:00 PM and 10:15 PM, requiring set-up to begin at 4:00 PM and dismantling and clean-up to be completed by 11:30 PM, and open to the public and free of charge; and

WHEREAS, The applicant has proposed to exhibit a fashion show promoting Kimora Lee Simmons's Baby Phat collection from a live feed that will be projected from a HD screen; and

WHEREAS, In addition to the two-hour long fashion show exhibit, the sponsors have proposed some on site activities, which would include:

Airbrushing Tattoo Station: One artist who would airbrush an image of the Baby Phat cat for visitors at Times Square and would require a table and two (2) chairs

Fragrance Launch (DARE ME): Volunteers would hand out free scented fragrance cards (2'x4') to pedestrians.

Balloon Contest: There would be over 100 balloons filled with different prizes. A contestant would need to state any fact about Baby Phat or Kimora to be eligible to pop a balloon. Each balloon would contain the following Baby Phat Branded prizes.

• Discount for shopping at babyphat.com

• Discount for shopping at Macy*s

• Notebook & Pen

• Fragrance

• Key Chain

• Handbag Holder

• Earphones

• Eco Tote Bag

• Signature Tee

• Jewelry

• Sunglasses

• GRAND PRIZE: One (1) contestant and a guest would be escorted to the fashion show.

 WHEREAS, Although the HD transmission provides an opportunity for the public to watch a live exhibition of a fashion show, there is an undeniably primary promotional aspect to the activities involved in the proposed event; and

WHEREAS, Although we also acknowledge and are supportive of the art of fashion, Community Board Five has repeatedly taken the position to deny access to our parks for special events that are predominantly commercial in nature; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by Jack Rich Productions to exhibit a live feed of a fashion show of Kimora Lee Simmons's Baby Phat collection in Father Duffy Square on Tuesday September 15, 2009. 

The above resolution passed by a vote of 31 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, ‘mktg’ has submitted an application seeking permission for a special event to be conducted in Union Square Park, on the west side between 15th & 16th Streets on Tuesday, September 22, 2009 between 10:00 AM and 7:00 PM, requiring set-up to begin at 7:00 AM, and dismantling and clean-up to be completed by 9:00 PM; and

WHEREAS, The applicant has stated that the purpose of this proposed event is to conduct a makeup and hair “makeover” event and press announcement regarding Clinique’s line of hair and makeup products; and

WHEREAS, Set-up for the event would include one (1) truck, measuring 53’-0” long X 12’-0” deep, as well as a 4’-0” X 4’-0” riser for the press announcement; and

WHEREAS, The truck will be promotionally co-branded by Clinique and Teen Vogue; and

WHEREAS, A representative from Clinique will speak to the press on the riser in front of the truck at 4:00 PM for 10 minutes; and

WHEREAS, Gift bags will be given away to the public; and

WHEREAS, We are concerned with the large footprint of park space that would be required to conduct this event; and

WHEREAS, Community Board Five has repeatedly taken the position to deny access to our parks for special events that are predominantly commercial in nature and that offer questionable benefit to parks visitors; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by ‘mktg’ to conduct their Clinique makeover event in Union Square Park on Tuesday, September 22, 2009. 

The above resolution passed by a vote of 31 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, Promotions USA has submitted an application seeking permission to conduct a special event in Madison Square Park on Tuesday and Wednesday September 22 and 23, 2009, between the hours of 6:00 AM and 7:00 PM; and

WHEREAS, The proposed event would require set-up to begin at noon on Monday September 21, 2009, and dismantling and clean-up to be completed by midnight; and

WHEREAS, This is a promotional event for Huggies, engineered toward advertising their products to parents and children who are users of the park; and

WHEREAS, The event sponsors have offered a financial contribution of $60,000.00 to be paid to the Madison Square Park Conservancy; and

WHEREAS, The site plan for this event exhibits that there will be two (2) 20’-0” X 20’-0” tents set up in the northern section of the park, both of which will be branded with corporate logos, and

WHEREAS, One of the tents will exhibit new commercials, and will have interactive kiosks, while the second tent includes a play area for children to interact with an animation wall; and

WHEREAS, The event will require usage of a “whisper quiet” small on-site generator, and there is a requirement for amplified sound; and

WHEREAS, We acknowledge that there will be seven dedicated staff onsite at all times, and overnight security, which should keep disruptions to the park and the surrounding neighborhood to a minimum, however, we are concerned with the duration of time that is required in order to set-up, dismantle and to conduct this event; and

WHEREAS, Even though we acknowledge that this financial contribution is substantial, Community Board Five has repeatedly taken the position to deny access to our parks for special events that are predominantly commercial in nature and that offer questionable benefit to parks visitors; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by Promotions USA to conduct an event promoting Huggies in Madison Square Park on Tuesday and Wednesday September 22 and 23, 2009. 

The above resolution passed by a vote of 31 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, TH Outdoor & Events has submitted an application seeking permission for a special event to be conducted in Union Square, south side on the steps on Monday September 14, and Tuesday, September 15, 2009 between the hours of 8:00 AM and 8:00 PM, requiring set-up to begin after midnight on the first day, and dismantling and clean-up to be completed by 8:30 PM on the last; and

WHEREAS, The applicant has stated that the purpose of this proposed event is to conduct a promotional viewing event relative to a commercial campaign with Subaru; and

WHEREAS, Set-up for the event would include an interactive car and large scale meter; and

WHEREAS, Promotional branding will be included on the meter and car; and

WHEREAS, The sponsors have offered a financial contribution of $55,000.00 to be paid into the city’s general fund; and

WHEREAS, Even though we acknowledge that this financial contribution is substantial, Community Board Five has repeatedly taken the position to deny access to our parks for special events that are predominantly commercial in nature and that offer questionable benefit to parks visitors; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by TH Outdoor & Events to conduct an event promoting Subaru in Union Square Park on Monday September 14, 2009 and Tuesday September 15, 2009. 

The above resolution passed by a vote of 31 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, A proposal has been received from Theatre Communications Group (TCG) to hold a festival celebrating New York City Theatre on the south plaza of Union Square Park on Thursday, October 15, 2009 from 11:00 am to 7:30 pm (with setup commencing at 7:00 am and cleanup ending by 11:00 pm); and

WHEREAS, The event will include informational tables, theatrical performances, video slideshows and live music to promote New York's theatrical community and to launch and expand TCG's Free Night of Theater program by bringing a day of free theater to more people than can be reached with the free tickets offered by participating theatre companies; and

WHEREAS, The event will occupy the area of the south plaza between the two ramps with physical structures including tables and chairs covered by café umbrellas scattered throughout the area (in lieu of information booths), an approximately 10 ft. by 12 ft. by 2 ft (high) stage located near the George Washington Statue with an approximately 8 ft. by 8 ft. video screen behind, and two smaller LCD monitors on stands – as indicated on the draft conceptual design drawing presented by the applicant; and

WHERAS, TCG is a not-for-profit organization dedicated to nurturing and promoting professional not-for-profit American theater with more than 400 theatre members nationwide and is collaborating with many other arts organizations in the presentation of this event – including the National Alliance of Musical Theatre, the Theatre Development Fund, A.R.T./New York, the League of Off-Broadway Theatres and Producers, the Arts and Business Council of New York, and the New York State Council on the Arts – and is in discussions with the New York City Department of Cultural Affairs (DCA) and the New York City Department of Parks and Recreation about joining as partners in the event; and

WHEREAS, City officials, including the Mayor and the DCA Commissioner, will be invited to speak at the event; and

WHEREAS, No fees will be charged to participating theater companies and the event will be free to the public; and

WHEREAS, Signage will be limited to the names of participating theater organizations at the informational tables and the information to be broadcast on the video screen and LCD monitors, which will include names and images of theater organizations and their productions; and

WHEREAS, Primary funding for the event is being provided by DCA and the National Endowment for the Arts and there are no corporate sponsors of the event, although TCG hopes to secure in-kind donations from several businesses (in which case the donation would be discretely acknowledged on the item donated); and

WHEREAS, The fee to be paid by the applicant is not yet determined (if DCA partners in presenting the event, the applicant will not be required to pay a fee); and 

WHEREAS, Amplified sound will be used during not more than four hours of the event, and no food or merchandise will be sold at the event; and

WHEREAS, Community Board Five has a strong commitment to supporting and promoting the vitality of the New York City theatre community; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Theatre Communications Group to hold festival celebrating New York City Theatre on the south plaza of Union Square Park on Thursday, October 15, 2009 from 11:00 am to 7:30 pm.

The above resolution passed by a vote of 31 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, Times Square Alliance has submitted an application seeking permission to conduct a special event in Father Duffy Square on Tuesday September 29, 2009 between 6:30 PM and 7:30 PM; and

WHEREAS, The proposed special event will showcase the work of the four winners of the second annual Bright Lights Big Verse: Poems of Times Square – the national contest for poetry celebrating the qualities that Times Square represents – diversity, desire, dynamism and the marriage of commerce and culture; and

WHEREAS, Times Square Alliance is conducting the proposed event in conjunction with The Poetry Society of America; and

WHEREAS, There is a requirement for amplified sound, there will be minimal equipment set-up, and clean-up is expected to be completed by 10:00 PM; and

WHEREAS, There will be minimal signage, the event does not have a commercial intent, is brief in duration, and offers a public benefit; and

WHEREAS, Community Board Five is supportive of events that promote the literary arts; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Times Square Alliance to conduct the second annual Bright Lights Big Verse: Poems of Times Square event in Father Duffy Square on Tuesday September 29, 2009.

The above resolution passed by a vote of 31 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, Times Square Alliance has submitted an application seeking permission to conduct events in Father Duffy Square on Friday September 18, 2009 and on Friday September 25, 2009, between 5:00 PM and 6:00 PM; and

WHEREAS, The proposed special events, known as Broadway Dance Studio are activities that are part of Back2Broadway Month, a celebration of the new theatre season; and

WHEREAS, The proposed events are free of charge, and offer an opportunity for members of the general public to participate in dance lessons, and to have their photographs taken with Broadway stage performers; and

WHEREAS, There is a requirement for amplified sound, minimal equipment set-up, and clean-up is expected to be completed by 10:00 PM; and

WHEREAS, There will be minimal signage which will exhibit the name of the event; and

WHEREAS, The proposed events do not have a commercial intent, are brief in duration, have a participatory nature, and may offer the public benefit of entertainment; and

WHEREAS, Community Board Five has a strong commitment to supporting and promoting the vitality of the New York City theatre community; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Times Square Alliance to conduct the Broadway Dance Studio events in Father Duffy Square on Friday September 18, 2009 and on Friday September 25, 2009

The above resolution passed by a vote of 31 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, Times Square Alliance has submitted an application seeking permission to conduct events in Father Duffy Square on Thursday September 17, 2009 and on Thursday September 24, 2009, between 5:00 PM and 6:00 PM; and

WHEREAS, The proposed special events, known as Broadway Open Call Karaoke, are activities that are a part of Back2Broadway Month, a celebration of the new theatre season; and

WHEREAS, The proposed events are free of charge, and offers an opportunity for members of the general public to sing Broadway show tunes karaoke-style, following along with lyrics that will be projected from a HD screen; and

WHEREAS, There is a requirement for amplified sound, minimal equipment set-up, and clean-up is expected to be completed by 10:00 PM; and

WHEREAS, There will be minimal signage which will exhibit the name of the event; and

WHEREAS, The proposed events do not have a commercial intent, are brief in duration, have a participatory nature, and may offer the public benefit of entertainment; and

WHEREAS, Community Board Five has a strong commitment to supporting and promoting the vitality of the New York City theatre community; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Times Square Alliance to conduct the Broadway Open Call Karaoke events in Father Duffy Square on Thursday September 17, 2009 and on Thursday, September 24, 2009.

The above resolution passed by a vote of 31 in favor; 1 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, Times Square Alliance has submitted an application seeking permission to conduct a special event in Father Duffy Square on Tuesday September 22, 2009 between 4:00 PM and 6:00 PM; and

WHEREAS, The proposed special event, known as Broadway Salutes, is an activity that is a part of Back2Broadway Month, a celebration of the new theatre season; and

WHEREAS, Broadway Salutes, a ceremony to honor individuals who have been active in the in the theatre industry for over 25 years is open to the public, is free of charge to all spectators; and

WHEREAS, There will be minimal signage, 400 chairs will be set-up, there is a requirement for amplified sound, and clean-up is expected to be completed by 11:00 PM; and

WHEREAS, Community Board 5 has a strong commitment to supporting and promoting the vitality of the New York City theatre community; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Times Square Alliance to conduct the Broadway Salutes event in Father Duffy Square on Tuesday September 22, 2009.

The above resolution passed by a vote of 31 in favor; 1 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, Times Square Alliance has submitted an application seeking permission to conduct a special event in Father Duffy Square on Thursday November 26, 2009 between 9:00 AM and 12:00 PM, with setup commencing at 7:00 AM and cleanup ending by 2:00 PM; and

WHEREAS, The purpose of the application for this special event is to secure the area of Father Duffy Square to enable viewing of the Thanksgiving Day Parade; and

WHEREAS, The proposed event is free of charge to all spectators, does not involve the sale of food or merchandise, does not seem to have a commercial intent; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Times Square Alliance to secure the area of Father Duffy Square for the viewing of the Thanksgiving Day Parade on Thursday November 26, 2009

The above resolution passed by a vote of 31 in favor; 1 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, Times Square Alliance has submitted an application seeking permission to conduct a special event in Father Duffy Square on Monday September 28, 2009 between 12:00 PM and 6:00 PM with setup commencing at 9:00 AM and cleanup ending by 9:00 PM; and

WHEREAS, As exhibited in the applicants site plan, the event will require set-up of a 10’-0” X 20’-0” X 2’-0” stage, and four 10’-0” X 10’-0” tents; and

WHEREAS, The proposed event is free of charge to all spectators, will include dance performances, non-amplified music, and display of Turkish crafts, and there will be no sale of merchandise; and

WHEREAS, There will be minimal signage, the event does not have a commercial intent, and is similar in nature to other small scale cultural festivals of which Community Board Five has been supportive; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Times Square Alliance to conduct the Turkish Cultural Festival in Father Duffy Square on Monday September 28, 2009

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

WHEREAS, The applicant, Madeline's Events Corp., has notified Community Board Five of its intent to apply for a new on-premises liquor license for the restaurant named SAGAPONACK, located at 4 West 22nd Street; and

WHEREAS, The restaurant contains 1,900 square feet of space on the ground floor, 1,600 square feet of space on the mezzanine level, and 1,000 square feet of cellar space; and

WHEREAS, The premises has a total capacity of 166 patrons, with one patron bar, no service bars, 33 tables, 85 chairs and 15 bar stools; and

WHEREAS, The applicant is aware that the business formerly operating at this location was a blight on the community and caused excruciating and unbearable disturbance to the neighborhood.  The applicant has assured CB5 that their operation will be a good neighbor and an asset to this community; and

WHEREAS, The premises shall be operated as a restaurant, only as a restaurant, and as nothing but a restaurant.  The premises shall be operated only for table service of food with service of alcohol and bar service ancillary to the operation of a restaurant; and

WHEREAS, The premises is adequately soundproofed to prevent any sound disturbance outside the premises or to any living space; and

WHEREAS; The hours of operation of the premises are:

• Monday, Tuesday, Wednesday, 11:30 AM to 12:00 Midnight

• Friday and Saturday 11:30 AM to 1:30 AM

• Sunday 10:00 AM to 11:00 PM

WHEREAS, The applicant has agreed to the following conditions and stipulations regarding the operation of the premises and has agreed to deliver the attached notarized affidavit swearing to abide by these terms and to incorporate these conditions and stipulations into the Method of Operation as part of the liquor license application submitted to the State Liquor Authority, a copy of which shall be simultaneously submitted to CB5:

The applicant shall:

• not operate a club or lounge on these premises and shall operate the premises as a restaurant, only as a restaurant, and as nothing but a restaurant; and shall operate the premises only for table service of food with service of alcohol and bar service ancillary to the operation of a restaurant;

• not permit music other than background music ancillary to the operation of the premises as a restaurant to be played at the premises; not permit any live performances; and not permit any disk jockey to play music at the premises;

• not seek a cabaret license;

• not to request a sidewalk café;

• maintain a waiting area inside the premises to prevent lines of patrons outside, if necessary;

• discourage the parking of idling cabs, limousines and other vehicles on the street and the parking of loud high-powered sound system bearing cars in front of the premises;

• provide for the cleanup of any litter on the street or sidewalk within 50 feet from either side of the doors of the premises arising as a result of the operation;

• ensure that the garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;

• 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;

• in the event the applicant ever contemplates a transfer of  the operation, notify Community Board Five of such intent and agrees that any such transfer shall be subject to prior approval by CB5;

• File no alteration application affecting the premises with the SLA without the prior written approval of CB5;

WHEREAS, Members of the community were present at the committee hearing of this application and there was no opposition voiced by the public at said meeting; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the on-premises liquor license by Madeline's Events Corp. for a new on-premises liquor license for the restaurant named SAGAPONACK, located at 4 West 22nd Street UNLESS the terms, conditions and stipulations set forth herein are adhered to and are incorporated into the method of operation of the applicant's State Liquor Authority application.

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

WHEREAS, The applicant, 29 West 36th Street Associates LLC, has notified Community Board Five of its intent to apply for a new cabaret liquor license for a new club to be located at 29 West 36th Street; and

WHEREAS, The premises contains 6,000 square feet of space on two floors and the basement of the premises, with a legal capacity of 900 patrons, which applicant has agreed to reduce to 650;

WHEREAS, The premises shall have two patron bars, one service bar, 50 tables and 100 chairs;

WHEREAS, The applicant has prepared a summary of its plans for the operation, including specifications regarding acoustics, traffic, security, community outreach and charity work, its management team, and its development team, which specifications are attached hereto and made a part hereof, and applicant shall strictly adhere to these specifications and shall not materially deviate from them without the prior written consent of CB5;

WHEREAS, The applicant has engaged a sound engineer and shall strictly adhere to the specifications and recommendations contained in the acoustical report attached hereto and made a part hereof;

WHEREAS, The applicant has engaged a private carting company and shall strictly comply with the special waste disposal provisions recommended in the letter attached hereto and made a part hereof;

WHEREAS, the applicant has engaged a traffic engineer and shall strictly comply with the recommendations set forth in the traffic study attached hereto and made a part hereof;

WHEREAS, the applicant has engaged an independent monitoring agency and shall strictly comply with the requirements and recommendations set forth in the independent monitor's mission statement attached hereto and made a part hereof;

WHEREAS, The applicant has agreed to the following conditions and stipulations regarding the operation of the premises and has agreed to deliver the attached notarized affidavit swearing to abide by these terms and to incorporate these conditions and stipulations into the Method of Operation as part of the liquor license application submitted to the State Liquor Authority, a copy of which shall be simultaneously submitted to CB5:

The applicant shall:

• Provide the following security:

•  
  • 1 Supervisor will be assigned to oversee all security personnel
  • 1 Doorman at the front door with an ID Scanner
  • 2 Security Officers, 1 Male and 1 Female, to conduct the front door searches
  • 4 Security Officers strategically placed on the dance floor
  • 1 Security Officer roaming the bar and dance floor
  • 1 Security Officer placed on the second floor stairs to the VIP entrance
  • 2 Security Officer posted on the second floor level
  • 1 Security Officer roaming the second floor and bar
  • 2 Security Officer assigned to the restroom/coat check area
  • 2 Security Officers outside of the premises controlling the flow of pedestrian and vehicular traffic
  • 1 Security Officer posted outside to oversee the smoking section

• maintain a waiting area inside the premises to prevent lines of patrons outside at any time;

• discourage patrons from congregating outside and ensure that they leave premises in a respectful manner;

• discourage the parking of idling cabs, limousines and other vehicles on the street and the parking of loud high-powered sound system bearing cars in front of the premises;

• not permit promoters or sub promoters to control events at the space, including, without limitation, private party rentals of the space;

• within 2 hours after closing after each night of operation or private event, provide for the cleanup of any litter or other unsanitary conditions arising as a result of the operation on the street and sidewalk on 36th street between Fifth and Sixth Avenues so that the street may be clean and open for business;

• ensure that the garbage is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians and businesses;

• meet with the Fashion Center BID, neighbors, and CB5 on a regular basis if requested and post signs with a 24-hour hotline and email address to a live manager or security director so that complaints from the community can be addressed immediately;

• in the event the applicant ever contemplates a transfer of  the operation, notify Community Board Five of such intent and agree that any such transfer shall be subject to prior approval by CB5;

• file no alteration application affecting the premises with the SLA without the prior written approval of CB5;

WHEREAS, The applicant has assured CB5 that their operation will be a good neighbor and an asset to this community; therefore, be it

RESOLVED, That Community Board Five recommends DENIAL of a new cabaret liquor license for a new club to be located at 29 West 36th Street UNLESS the terms, conditions and stipulations set forth herein are adhered to and are incorporated into the method of operation of the applicant's State Liquor Authority application.

The above resolution passed by a vote of 26 in favor; 5 opposed; 3 abstaining; 1 present not entitled to vote.

WHEREAS, The applicant, Gallery 17, Inc., has notified Community Board Five of its intent to apply for a transfer of an existing on-premises liquor license for a bar located at 37 West 17th Street; and

WHEREAS, The bar contains 1,475 square feet of space on two floors of the premises; and

WHEREAS, The premises currently has a legal capacity of 75 patrons, which the applicant shall seek to increase to a capacity of 150 patrons, and there is and will be one patron bar and one service bar; and

WHEREAS, The concept of the operation is to display artwork in a lounge type atmosphere; and

WHEREAS, The premises is adequately soundproofed to prevent any sound disturbance outside the premises or to any living space; and

WHEREAS, The applicant has agreed to the following conditions and stipulations regarding the operation of the premises and has agreed to deliver the attached notarized affidavit swearing to abide by these terms and to incorporate these conditions and stipulations into the Method of Operation as part of the liquor license application submitted to the State Liquor Authority, a copy of which shall be simultaneously submitted to CB5:

• The applicant shall:
• not seek a cabaret license;
• provide no less than two security guards outside of the premises at all times of operation to ensure the orderly flow of pedestrian and vehicular traffic;
• maintain a waiting area inside the premises to prevent lines of patrons outside at any time;
• discourage patrons from congregating outside and ensure that they leave premises in a respectful manner;
• discourage the parking of idling cabs, limousines and other vehicles on the street and the parking of loud high-powered sound system bearing cars in front of the premises;
• not employ promoters or sub promoters to market events at the space, or use the internet or email to advertise events, and  not use flyers or other promotional materials to advertise events of any kind, including, without limitation, private party rentals of the space;
• provide for the cleanup of any litter on the street or sidewalk within 50 feet from either side of the doors of the premises arising as a result of the operation;
• ensure that the garbage is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians;
• meet with neighbors and CB5 on a regular basis if requested and post signs with a 24-hour hotline and email address to a live manager or security director so that complaints from the community can be addressed immediately;
• in the event the applicant ever contemplates a transfer of  the operation, notify Community Board Five of such intent and agree that any such transfer shall be subject to prior approval by CB5;
• file no alteration application affecting the premises with the SLA without the prior written approval of CB5;

WHEREAS, The applicant is aware that the business formerly operating at this location was a blight on the community and caused excruciating and unbearable disturbance to the neighborhood, especially with regard to patrons on the sidewalk and spilling into the street, and noisy and unruly behavior.  The applicant has assured CB5 that their operation will be a good neighbor and an asset to this community; therefore, be it

RESOLVED, That Community Board Five recommends DENIAL of the transfer of an existing on-premises liquor license for a bar located at 37 West 17th Street UNLESS the terms, conditions and stipulations set forth herein are adhered to and are incorporated into the method of operation of the applicant's State Liquor Authority application.

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

WHEREAS, The applicant, 230 FA LLC, operates a restaurant/lounge known as "230 FIFTH" located on the 20th floor and rooftop of 230 Fifth Avenue, New York;

WHEREAS, The applicant has notified Community Board Five of its intent to file an alteration application with the New York State Liquor Authority to add approximately 2,500 square feet of completely enclosed space on the 20th floor to be used primarily as a private banquet room;

WHEREAS, The additional space will not increase the occupancy of the premises as a whole and it is not expected that patrons of the new banquet room will increase the use of the outdoor space at the premises;

WHEREAS, The applicant is aware of previous complaints regarding the operation by residents, mostly about noise and excessive amplified music emanating from the unenclosed rooftop area of the premises and crowds of patrons lined up outside the ground floor entrance to the building;

WHEREAS, Although the disturbances caused by the operation have been less severe in recent months, the applicant has agreed to meet with members of CB5 to address the community's concerns and to prevent further disturbance to the community; therefore be it

RESOLVED, That Community Board Five recommends approval of an alteration application to add approximately 2,500 square feet of completely enclosed space on the 20th floor of 230 Fifth Avenue to be used primarily as a private banquet room.

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