January 2009

WHEREAS, MMR Ventures, LLC, d/b/a Mickey Mantle’s, has filed an application for revocable consent for an unenclosed sidewalk café with 8 tables and 16 seats at 42 Central Park South, and

WHEREAS, The establishment has been operating the said sidewalk café since 1988 and since the establishment has undergone a corporate change, the new corporation is required to file a new application with DCA, and

WHEREAS, The sidewalk café leaves 8 feet of clear pathway for pedestrian traffic, less than the 10 feet usually required by Community Board Five, but because the café as been in operation for 15 years without any complaints, it is grandfathered, therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a revocable consent for a sidewalk café at 42 Central Park South.

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

WHEREAS, Apple Jack Coffee Shop Inc., is requesting the renewal of a revocable consent for an unenclosed sidewalk café with 7 tables and 28 seats at 230 West 55th Street, and

WHEREAS, Community Board Five approved the said revocable consent in 2004 with the condition that planters and semi permanent street furniture be removed, and

WHEREAS, Said furniture and planters have been removed, therefore be it

RESOLVED, That Community Board Five recommends approval of the renewal of an unenclosed sidewalk café at 230 West 55th Street.

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

WHEREAS, The Museum of Arts and Design is applying for a revocable consent to install benches outside of its facility, and

WHEREAS, The museum has commissioned 2 artists to conceive and manufacture benches as follows:

4 benches made of clay and granite, designed by Gustav Kraitz, to be installed on Columbus Circle, between Broadway and 8th Avenue, against the façade of the building, measuring 1'6'' high, 1'6'' wide and 2 benches measuring 5'11'' long and 2 benches measuring 3'11'' long, to be located on each side of the museum entrance, and
3 benches made of wrought iron, designed by Tom Joyce, to be installed on Broadway, between Columbus Circle and 58th Street, as per plans attached, 2 benches measuring 2'2''high 2' wide 2'long and one measuring 2'11'' high 2'9'' wide, 2'9'' long, and

WHEREAS, The Museum of Arts and Design has committed to monitoring the granite and clay benches to prevent them from being used as a sleeping area, and

WHEREAS, Community Board Five believes the layout of the three wrought iron benches would have a negative impact on pedestrian traffic, as the one bench installed in the middle of the sidewalk could cause tripping when pedestrian flow is heavy, therefore be it

RESOLVED, That Community Board Five recommends partial denial for a revocable consent as follows:

Denial to install 3 wrought iron benches on Broadway between Columbus Circle and 58th street.
Approval to install 4 granite and clay benches on Columbus Circle between Broadway and 8th Avenue by the Museum of Art and Design, and

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

WHEREAS, Community Board Five takes its role in the review of applications for newsstands seriously; and

WHEREAS, The applicant for a newsstand at the SEC of Madison Avenue and 28th Street was invited but did not attend the regularly scheduled Consents & Variances Committee Meeting to present proposals for review and therefore the committee was unable to determine the answer to a number of questions; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a newsstand on the south east corner of Madison Avenue and East 28th Street.

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

WHEREAS, 11 East 51 Street, the John Peirce Residence, built in 1904-6, is a Beaux-Arts five story limestone townhouse, designed by the noted architect, John Duncan who also designed many other significant townhouses in New York City, as well as Grant's Tomb and the Soldiers' and Sailors' Memorial Arch in Brooklyn; and

WHEREAS, This remarkably intact example of the exuberant townhouses that once lined the streets along Fifth Avenue south of Central Park, and its two neighboring townhouses form an enclave directly across the street from St. Patrick's Cathedral and are the only three remaining townhouses on the block; and

WHEREAS, John Peirce, the so-called "Granite King," was one of the largest and best known cut stone contractors in the country and completed the stone contracts for notable New York City buildings such as the United States Customs House and the Surrogates Court Building, both designated landmark buildings; and

WHEREAS, Peirce obviously took pride in the crafting of his own residence which is faced entirely with cut and intricately carved limestone; and

WHEREAS, The three lower floors are completely rusticated and are ornamented with an iron balcony and cartouches and the smooth-stone upper floors have arched rounded windows and two carved wreaths; and

WHEREAS, Peirce lived in this home for less than ten years after which it home for the Gardner School for Girls from 1 916 to 1933, and now it is owned by Banco Mercantil de Venezuela; and

WHEREAS, Extensive development in the area has led to the demolition of most of the lavish townhouses that once lined the side streets off Fifth Avenue which were replaced by massive high rise buildings; therefore, be it

RESOLVED, Community Board Five recommends that 11 East 51 Street, the John Peirce Residence, be approved as a Designated New York City Landmark based on its distinctive architecture, historical significance and cultural importance to the City.

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

WHEREAS, 901 Broadway (at southwest corner of East 20 Street) is the former Lord and Taylor Department Store Building and is both an individual Landmark building and part of the Ladies Mile Historic District; and

WHEREAS, 901 Broadway is a distinguished example of a French Second Empire style commercial palaces built for one of the most prestigious mercantile firms in the City, and

WHEREAS, Following Lord and Taylor's move uptown, 901 Broadway was separated from the adjacent two properties which became separate tax lots, and

WHEREAS, The current owner of main portion of the original property, Thor Equities, is proposing a redesigned building entrance on East 20 Street at the westerly end of the property, approximately 100 feet from the corner of Broadway and a canopy above the entrance; and

WHEREAS, Contrary to the summary provided to Community Board Five, there will be no "storefront" renovations other than the proposed new entrance to the building and the "awning" is in reality a canopy above the entrance to the building, and no other "awnings" are being proposed; and

WHEREAS, The renovations which are being proposed are intended to draw attention to the entrance to the building which is being partially converted from floors three to five into commercial occupancy in order to make the building more desirable for commercial purposes; and

WHEREAS, The renovations being proposed are not in keeping with the either the historical character of the Historic District nor the architectural fabric of the Landmark for the following reasons:

RESOLVED, Community Board 5 recommends denial of the application for renovations to the entryway and canopy at 901 Broadway.

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

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

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

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

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

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

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

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

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

WHEREAS, 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, Campfire – Orlando has submitted an application seeking permission for a special event to be conducted in the South Plaza of Union Square Park on Sunday January 18, 2009, between the hours of 10:00 AM and 5:00 PM; and

WHEREAS, The applicant has stated that the purpose of this proposed event is as a part of a marketing campaign for a new video game which will be available for sale in February 2009; and

WHEREAS, This event will require set-up beginning at 8:00 AM and clean-up to be completed by 6:00 PM; and

WHEREAS, This event is free of charge to all spectator, and there will not be any sale of food or merchandise; and

WHEREAS, There will be promotional literature distributed at this proposed event; and

WHEREAS, There will be a tent and a glass sided box truck in which the activities will be conducted; and

WHEREAS, The glass sided box truck will include signage, advertising the manufacturer of the new video game; 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; therefore be it

RESOLVED, That Community Board Five recommends the denial of the application by Campfire - Orlando to conduct a marketing event in the South Plaza of Union Square on Sunday January 18th, 2009.

The above resolution passed by a vote of 29 in favor; 0 opposed; 2 abstaining.

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

Spring Kids Fest - 05/30
Madison Sq. Kids Concerts - 06/09 - 08/13
Madison Sq. Reads - 06/11 – 08/06
Madison Sq. free Concerts - 06/17 – 08/05
Celebrate Flatiron Chefs - 07/14
Madison Sq. free Concerts - 09/05 – 10/03
Fall Kids Fest – 10/17; and

WHEREAS, These are long standing popular events; 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; 2 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 applicant, NY Loves Mountains has applied for a permit to hold a Rally and Press Conference with program of speakers in Union Square Park, Feb. 14th, 2009, 2-3:30pm; and

WHEREAS, the applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on January 5, 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 NY Loves Mountains for a permit to hold a Rally and Press Conference with program of speakers in Union Square Park.

The above resolution passed by a vote of 29 in favor; 0 opposed; 2 abstaining.

WHEREAS, The Palestine Action Union has applied for special events permit for rallies in the southeast triangle of Union Square Park on Saturdays from January to March, 2009; and

WHEREAS, The applicant has held these demonstrations in Union Square Park for many years without complaints, leaving the southeast triangle liter-free and undamaged, were non-confrontational in style, and did not exceed thirty participants; and

WHEREAS, The demonstrations are held from 3 pm to 6 pm, requiring no set-up or clean-up time; therefore be it

RESOLVED, Community Board Five recommends approval of special event permits for the Palestine Action Union to hold demonstrations in the southeast triangle of Union Square Park on Saturdays from January to March, 2009.

The above resolution passed by a vote of 29 in favor; 0 opposed; 2 abstaining.

WHEREAS, The Union Square Partnership is applying for an annual fund-raising event, "Harvest in the Square" which will take place September 24 on the West Plaza of Union Square; and

WHEREAS, Setup will start on the 23rd at 6PM, and the event starts at 6PM on the 24th, and cleanup will end on the 25th at 6AM; and

WHEREAS, The admission charge is: general- $125 and VIP- $400, and various local restaurants will provide food, and they anticipate 1,200 participants; and

WHEREAS, A private security firm will be hired and insurance will be bought; therefore be it

RESOLVED, That Community Board Five recommends approval of Union Square Partnership's application for its annual fundraising event, "Harvest in the Square," to take place on September 24th, 2009.

The above resolution passed by a vote of 29 in favor; 0 opposed; 2 abstaining.

WHEREAS, The Union Square Partnership is applying for its annual series of free children's events, "Summer in the Square" which will take place June 18, 25, July 2, 9, 16, 23, 30, August 6 and 13 on the South Plaza of Union Square; and

WHEREAS, Setups will start at 4AM, the events begin at 8AM, end at 7PM and cleanup will end at 8PM; and

WHEREAS, The events include such activities as Children's performances, Yoga and music, and they anticipate 600 participants; therefore be it

RESOLVED, That Community Board Five recommends approval of Union Square Partnership's application for its "Summer in the Square" series, which will run from June 18th through August 13th, 2009.

The above resolution passed by a vote of 29 in favor; 0 opposed; 2 abstaining.

WHEREAS, The applicant, 55 W 55th Street Corp. has notified Community Board Five of their intent to apply to the NY State Liquor Authority for an on-premises liquor license for the premises located at 55 West 55th Street, NYC; and

WHEREAS, CB 5 receives approximately 40-50 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done that includes information regarding square footage, public assembly, sound amplification and hours of operation as well as a site visit and discussion with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding their request to the community board office in the form of a questionnaire; and

WHEREAS, This questionnaire is provided on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Each month after the deadline, numerous follow-up phone calls/emails, are made by the board office and in some cases this request for information is ignored; and

WHEREAS, Those applicants/attorneys who do not comply are called and apprised in writing that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until the next month and with the notation that said application to the State Liquor Authority will not be submitted until after the applicant/attorney meets with the PS/QL Committee; and

WHEREAS, Notification from this applicant was received at the board office the Summer of 2008 and each month we have been unable to receive the requested/required questionnaire or information regarding this application; and

WHEREAS, To date, no questionnaire or information has been received from this applicant; and

WHEREAS, After many months, the applicant has still not complied with this requirement and the PS/QL Committee and CB 5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license for 55 W 55th Street Corp., for the premises located at 55 West 55th Street, NYC.

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

WHEREAS, The applicant, HPL House NYC Inc. d/b/a HPL House, has notified Community Board Five of their intent to apply to the NY State Liquor Authority for an on-premises liquor license for the premises located at 127 East 55th Street; and

WHEREAS, CB 5 receives approximately 40-50 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done that includes information regarding square footage, public assembly, sound amplification and hours of operation as well as a site visit and discussion with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding their request to the community board office in the form of a questionnaire; and

WHEREAS, This questionnaire is provided on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Each month after the deadline, numerous follow-up phone calls/emails, are made by the board office and in some cases this request for information is ignored; and

WHEREAS, Those applicants/attorneys who do not comply are called and apprised in writing that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until the next month and with the notation that said application to the State Liquor Authority will not be submitted until after the

applicant/attorney meets with the PS/QL Committee; and

WHEREAS, Notification from this applicant was received at the board office on 9/11/08 and each month we have been unable to receive the requested/required questionnaire or information regarding this application; and

WHEREAS, The information for this application that was finally received by CB5 was sent two days before Monday night's Committee meeting (1/12/09) and is:

Not in the form of the required questionnaire and is therefore missing much needed information
On a form required by the SLA
An incorrect form (for renewals, not new licenses); and

WHEREAS, To date, no questionnaire or information has been received from this applicant; and

WHEREAS, After many months, the applicant has still not complied with this requirement and the PS/QL Committee and CB 5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license for "HPL House NYC Inc., d/b/a HPL House, for the premises located at 127 East 55th Street, NYC.

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

WHEREAS, The applicant, B & B Restaurant Group LLC, d/b/a "Benjamin Grill," has notified Community Board Five of their intent to apply to the NY State Liquor Authority for a restaurant on-premises liquor license for the premises located at 129 West 28th Street, NYC; and