Resolutions: February 2008

WHEREAS, The applicant Harrison & Shriftman, a PR firm, wants to organize a commercial event for one of their clients, by closing East 52nd Street between Madison & Fifth Avenue, on May 8th 2008, between 5pm and 11pm, and

WHEREAS, Community Board Five generally does not support street closure for commercial events, and

WHEREAS, Community Board Five has a moratorium on new street activity permits, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to hold a street event on East 52nd Street between Madison and Fifth Avenue, on May 8th 2008.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, American Diabetes Association, wants to hold a street festival on Madison Avenue between 42nd and 56th Streets, on November 1st 2008; and

WHEREAS, The applicant has been holding the same event for over 5 years without complaints; therefore be it

RESOLVED, That Community Board Five recommends approval of a street festival on Madison Avenue between 42nd and 56th Streets, on November 1st 2008, and be it further

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

The above resolution passed by a vote of 23 in favor; 3 opposed; 1 abstaining.

WHEREAS, The Ancient Order of Hibernians wants to organize a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, September 13th, 2008, and

WHEREAS, The discrimination practices of the Ancients Order of Hibernians is against Community Board Five Street Activity Permit Policies, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to hold a street fair on Avenue of the Americas between 42nd and 57th Street, on Saturday, September 13, 2008.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Big Apple Performing Arts, wants to hold a street festival on Seventh Avenue between 45th St and 56th St, on September 6th 2008; and

WHEREAS, The applicant has been holding the same event for over 5 years without complaints; therefore be it

RESOLVED, That Community Board 5 recommends approval of a street festival on Seventh Avenue between 45th St and 56th St, on September 6th 2008; and be it further

RESOLVED, that Community Board 5 strongly urges SAPO to work with Community Board Five to reduce the negative impact caused by the numerous street closures (street fairs, parades, TV & Movies filming) occurring within the district boundaries.

The above resolution passed by a vote of 23 in favor; 3 opposed; 1 abstaining.

WHEREAS, The applicant, Global Role Models, wants to hold a street festival on Avenue of the Americas between 42nd St and 56th St. on October 12th 2008; and

WHEREAS, The applicant has been holding the same event for over 5 years without complaints; therefore be it

RESOLVED, That Community Board Five recommends approval of a street festival on Avenue of the Americas between 42nd St and 56th St. on October 12th 2008;  and be it further

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

The above resolution passed by a vote of 23 in favor; 3 opposed; 1 abstaining.

WHEREAS, The applicant is proposing to install a newsstand on the South West Corner of West 53rd Street and Seventh Avenue; and

WHEREAS, The applicant lost his previous newsstand located at 96th Street and Broadway due to construction by the MTA; and

WHEREAS, The sidewalk at the site of the proposed newsstand is 37 feet wide at this location; and

WHEREAS, Although this area is heavily trafficked by pedestrians, the width of the sidewalk is such that Community Board Five thinks the proposed newsstand would not have a negative impact on pedestrian traffic; therefore be it

RESOLVED, That Community Board Five recommends approval of the newsstand at the SWC of West 53rd Street and 7th Avenue.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on Broadway near 52nd Street; and

WHEREAS, The sidewalk at the site of the proposed newsstand is 22.2 ft wide; and

WHEREAS, The area is very heavily congested with pedestrian traffic; and

WHEREAS, Community Board Five feels the proposed newsstand would negatively impact the pedestrian traffic flow; therefore be it

RESOLVED, That Community Board Five recommends denial of the proposed newsstand at the South West Corner of Broadway and 52nd Street.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Pakistan Day Parade & Fair Committee Inc. wishes to conduct a street festival on Madison Avenue between 23rd and 26th Streets, on Sunday, August 24, 2008; and

WHEREAS, The applicant has submitted an Application For Street Activity Permit to the City of New York Street Activity Permit Office (“SAPO”), which was received on December 26, 2007; and

WHEREAS, The applicant has said that on Thursday February 14, 2008 they will submit a Special Event Permit Application to the City of New York Department of Parks & Recreation, seeking permission to use Madison Square Park and, for this year, we will not ask them to return to our Board for a separate approval; and

WHEREAS, The proposed street festival and special event in the park is organized in conjunction with the Pakistan Day Parade; and

WHEREAS, The Pakistan Day street festival has been conducted regularly since 1985, and the 13th Police Precinct acknowledges that this draws larger numbers of participants each year and also believes that this parade will draw approximately 10,000 to 15,000 spectators; and

WHEREAS, At times in the past, there was some failure in the provision of adequate crowd control, resulting in destruction of park property, thus requiring police assistance; and

WHEREAS, In acknowledging that there will be a large number of participants, the applicant has agreed to pay a bond to the Department of Parks & Recreation for an amount not less than of $10,000.00 and agrees to work with to the New York Police Department (NYPD) to control the crowd; and

WHEREAS, The applicant wants to install a stage occupying ½ of the block between 23rd & 24th Street with amplified sound; and

WHEREAS, The Application For Street Activity Permit states that there will be four vendors of Merchandise, three vendors of Arts & Crafts, six vendors of Food, and two vendors of other types; and

WHEREAS, The Application For Street Activity Permit states that the actual time of the event is between the hours of 8:00 AM and 6:00 PM, and that the applicant is seeking permission to close the street between 8:00 A.M. and 7:00 PM; and

WHEREAS, The applicant has stated that the Parade is to begin at 1:00 PM, and the participants are anticipated to reach Madison Avenue and East 27th Street at approximately 2:30 PM; and

WHEREAS, The applicant has agreed that this will involve set-up no earlier than 11:00 AM and clean-up to be completed before 10:00 PM; and

WHEREAS, garbage must not accumulate excessively on the sidewalks, streets or anywhere in the park, the applicant is in agreement that there must be an ample number of trash receptacles for the public, conveniently located, and that they must make every attempt to inform the participants to use those trash receptacles; and

WHEREAS, All trash receptacles will be regularly emptied into larger holding containers throughout the event; and

WHEREAS, Careless transport of greasy garbage bags causes stains that require weeks of cleaning to remove, the applicant has agreed that all garbage bags are to be lifted as opposed to dragged, to avoid spillage, and that garbage should be transported in carts to prevent staining, not dragged along the sidewalk; and

WHEREAS, It is understood that there will be no cooking permitted on the sidewalks, and that oil, grease or any product that can stain or cause a slippery condition must be kept in the street, and that oil or grease must be removed in a secure sealed container, and that no oil or grease may be left on site, and that any vendor caught dumping oil or grease in a storm drain will be fined and not permitted back; and

WHEREAS, Those conducting the event must check for garbage, debris, and flyers on the streets and the sidewalks, and they must empty any garbage cans that become overflowing along the blocks in which the event is held, as well as along the blocks east and west – Fifth Avenue, Broadway & Park Avenue South – as well as both the north and south sides along 23rd Street from Broadway through Park Avenue South; and

WHEREAS, The applicant has agreed to reduce the sound level compared to previous years, that none of the fifteen vendors will have loud music or sound amplified from their booths, and to explore the possibility to use multiple smaller speakers rather than two larger speakers, as means to lessen the noise impact; and

WHEREAS, Although the Board has asked the applicant if they would consider ending the use of amplification at or before 5:30 PM, for this year’s event, the applicant has agreed to limit the use of its amplified sound system to a maximum of 2 ½ hours, from 3:30 PM to 6:00 PM, and

WHEREAS, The applicant has agreed that should they seek permission to conduct this event after 2008, they will revise their event schedule so that use of amplification at will be for a maximum of 2 ½ hours and will end at or before 5:30 PM; and

WHEREAS, The applicant has agreed to increase the number of volunteers handling the security of the event and the applicant has agreed to place volunteers to monitor the use of the playground to avoid improper use (prohibiting use of the playground by children older that 12 years old); and

WHEREAS, The applicant commits to not blocking access to the dog run in Madison Square Park; and

WHEREAS, The applicant has agreed not to discriminate against any group that wishes to participate to this event; and

WHEREAS, Community Board Five urges New York City Department of Parks & Recreation to uphold the integrity of its performance and cleanliness bond processes by consistently requiring such bonds and not returning them to applicants whose events cause extensive damage to public parkland or jeopardize the safety of city workers, event participants, and other members of the public; and

WHEREAS, Community Board Five recognizes that the annual Pakistan Day Parade & Fair continues to draw larger numbers of people each year, and because this taxes the capacity of this location, we encourage the applicant to start looking for an alternate venue for future events, and

furthermore Community Board Five strongly urges the City of New York Street Activity Permit Office, Department of Parks & Recreation and the New York Police Department to help the applicant identify an alternate venue; therefore, be it

RESOLVED, That Community Board Five recommends approval of the Pakistan Day Parade & Fair Committee Inc. applications for both a Street Activity Permit, and for a Special Event Permit to conduct the Pakistan Day Parade & Fair festival on Madison Avenue between 23rd and 26th Streets, and within Madison Square Park on Sunday, August 24, 2008.

The above resolution passed by a vote of 18 in favor; 16 opposed; 1 abstaining.

WHEREAS, The applicant is seeking a BSA Special Permit to operate a physical culture establishment at 312 Fifth Avenue on the 2nd floor of the building; and

WHEREAS, The building is located in a C5-2 zoning district in Midtown Manhattan; and

WHEREAS, The ground floor is occupied by a retailer and the upper floors are used as office space; and

WHEREAS, The facility is 1,440 sq. ft. and would have 3 massage rooms; and

WHEREAS, The applicant wants to operate a spa offering its clientele manicures, facials and massages; and

WHEREAS, The spa would employ only New York State licensed masseurs or masseuses; therefore be it

RESOLVED, That Community Board Five recommends approval of the BSA Special Permit for the operation of a Physical Culture Establishment at 312 Fifth Avenue.

The above resolution passed by a vote of 26 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, The Alliance of Guardian Angels, wants to hold a street festival on Seventh Avenue between 45th St & 56th St, on September 20th 2008; and

WHEREAS, The applicant has been holding the same event for over 5 years without complaints; therefore be it

RESOLVED, That Community Board Five recommends approval of a street festival on Seventh Avenue between 45th St & 56th St, on September 20th 2008; and be it further

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

The above resolution passed by a vote of 23 in favor; 3 opposed; 1 abstaining.

WHEREAS the applicant, Gramercy Park Block Association, wants to hold a street festival on Park Avenue South, between 17th and 23rd Streets on October 4th 2008; and

WHEREAS, The applicant has been holding the same event for over 5 years without complaints; therefore be it

RESOLVED, That Community Board Five recommends approval of a street festival on Park Avenue South, between 17th and 23rd Streets on October 4th 2008, and be it further

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

The above resolution passed by a vote of 23 in favor; 3 opposed; 1 abstaining.

WHEREAS the applicant, Gramercy Park Neighborhood Association, wants to hold a street festival on Park Avenue South, between 17th and 23rd Streets on May 10th 2008; and

WHEREAS, The applicant has been holding the same event for over 5 years without complaints; therefore be it

RESOLVED, That Community Board Five recommends approval of a street festival on Park Avenue South, between 17th and 23rd Streets on May 10th 2008, and be it further

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

The above resolution passed by a vote of 23 in favor; 3 opposed; 1 abstaining.

WHEREAS the applicant, THE MANHATTAN REPUBLICAN CLUB, wants to hold a street festival on Park Avenue South, between 17th and 23rd Streets on October 25th 2008; and

WHEREAS, The applicant has been holding the same event for over 5 years without complaints; therefore be it

RESOLVED, That Community Board Five recommends approval of a street festival on Park Avenue South, between 17th and 23rd Streets on October 25th 2008, and be it further

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

The above resolution passed by a vote of 23 in favor; 3 opposed; 1 abstaining.

WHEREAS, A new bill was introduced by City Council Speaker Christine C. Quinn and Councilmembers Dan Garodnick and Melissa Mark-Viverito that creates a new harassment violation providing extra protection for tenants; and

WHEREAS, Under the current legal framework, tenants are limited in taking their landlords to Housing Court only for violations relating to the physical condition of the apartment or failures to provide essential services, like heating and hot water; and

WHEREAS, This new Tenant Harassment Bill defines the actions that qualify as harassment such as:

• using force or making threats against a lawful occupant
• repeated or prolonged interruption of essential services
• repeated frivolous court proceedings
• removing possessions of the lawful occupant
• removing the occupant's entry door, removing the lock or making it inoperable, changing the locks and not supplying the key to the new lock
• repeated acts that interfere with the lawful occupant's ability to live in comfort, peace and quiet; and

WHEREAS, The new bill states that the owner shall neither cause nor permit any harassment of tenants or lawful occupant; and

WHEREAS, Civil penalties for judicial findings of harassment range from $1,000 to $5,000; and

WHEREAS, Provisions have been made in the bill to protect the owner as well, for example:

• An owner may seek protection from frivolous harassment claims and may ask the court for an order preventing the tenant from pursuing another judicial proceeding (if the tenant has initiated more than 2 proceedings in a 10 year period)
• If the court determines that a tenant harassment claim against an owner is frivolous, the court may award attorneys fees to the owner; and

WHEREAS, 97% of housing court cases are owners pursuing tenants, thus there is little concern that this legislation will create an upsurge in frivolous lawsuits by tenants; and

WHEREAS, This legislation protects all tenants not just rent-regulated tenants (the NY State Division of Housing and Community Renewal currently calls for harassment protection against rent regulated tenants only); and

WHEREAS, This legislation is of utmost relevance in light of the current surge of high-end real estate development driving tenants of moderate and affordable housing out of our district; therefore be it

RESOLVED, That Community Board Five urges the New York City Council to pass this Tenant Harassment legislation and the Mayor to sign it into law.

WHEREAS, On January 31, 2008, New York City public schools received an abrupt announcement from the Mayor's office that their budgets would be cut resulting in a total cutback of $180 million during this fiscal year and $324 million next fiscal year; and

WHEREAS, Cuts to the school budget impact each school's day to day operational expenses such as new teachers' salaries, arts education, after-school programs, etc; and

WHEREAS, Neither the school principals nor school community were conferred with for their feedback on where these cuts would be best directed; and

WHEREAS, The Center for Arts Education issued an impact statement on February 8, 2008 reporting that school principals are finding no way around cuts to arts instruction and other key programs during this budgetary squeeze and given the narrowing of curriculum that is already underway due to an increased focus on testing and test preparation, arts education will be cut resulting in an unbalanced curriculum for students; and

WHEREAS, These cuts dramatically impact the public elementary and middle schools that service Community Board Five as nearly all are vastly overcrowded, and many of these schools have eliminated arts classes, science labs and gyms in order to use them as classrooms to accommodate more students; therefore be it

RESOLVED, That Community Board Five urges Mayor Bloomberg not to make school budget cuts this fiscal year nor next fiscal year and to find ways to collaborate directly with school principals and school community on where cuts can be made elsewhere in the system. 

WHEREAS, The rapid and continued increase in residential development within Community Board 5 (CB5) has had a severe impact on the education of our children resulting in the overcrowding of nearly all public elementary and middle schools in School District 2, in which CB5 lies; and

WHEREAS, The February 2007 State of Residential Construction in CB5 (prepared by Gretchen Minneman) reveals that 5,002 new dwelling units have been approved for construction between 2000 and 2007; and

WHEREAS, It is estimated that these new dwelling units would yield approximately 500 elementary school aged plus 100 middle school aged children, for a total of 600 new children within CB5 (this calculation is based on a formula supplied by the Manhattan Borough President's office based on Board of Education and Department of City Planning reports, May 2001); and

WHEREAS, The average number of students currently enrolled in the public schools serving CB5 is approximately 500 students; and

WHEREAS, In terms of location within the district, 60% or 2,934 of these dwelling units will be built between 34th and 23rd Streets, which is in the center of our district; and

WHEREAS, The Manhattan Borough President's office ranks CB5 the third highest district in terms of number of dwelling units to be developed in Manhattan (CB4 ranks #1 and CB1 ranks #2); and

WHEREAS, Chancellor Klein has reported a 24.7% increase in student population growth in School District 2 between 2004-2014, and the DOE also predicts a growing student population within CB5, and

WHEREAS, A recent study supplied by CEC2 reveals that the schools serving CB5 have had massive student population increases in 2007 versus 2006 which have driven school capacity levels to substantially over 100% (see attachment); and

WHEREAS, The School Construction Authority (SCA), the agency responsible for determining where schools are built, has gone on record stating that 85% capacity is technically a full capacity school because this figure enables the existence of art classes, science labs and gymnasiums which would otherwise be used as classrooms in overcrowded schools; and

WHEREAS, The SCA has a capital budget that includes funding for the building of new schools within School District 2.  However, School District 2 covers a vast area of Manhattan, i.e. all of Downtown, Midtown and the entire Upper East Side (see map attached); and

WHEREAS, The SCA does not necessarily look at the specific of school catchment districts.  Thus, it is unclear in which part of School District 2 those funds will be used; and

WHEREAS, There is not a single public elementary nor middle school within the Community Board Five district boundaries; and

WHEREAS, Another issue is that the SCA and Department of Education (DOE) have relied on enrollment projections supplied by the Grier Report, which were found to be inaccurate because they do not count new residential development in a meaningful way; and

WHEREAS, There is a New York State mandated class size plan.  The City of New York, for example, recently agreed to reduce class size of grades K-3 to 20 students; and

WHEREAS, There is increasing awareness of and organizing around the issue of overcrowded schools.  CB5 commends the Manhattan Borough President's Task Force on School Overcrowding, recently established to bring together parents, teachers, Community Boards, Community Education Councils and elected officials to develop recommended solutions to this crucial issue; and

WHEREAS, CB5 applauds the efforts of vocal parent communities in other Community Boards for their success in mobilizing the DOE and SCA to negotiate with developers to build schools in new residential projects.  Key examples:

• In the Con Edison Development project in CB6, the developer has agreed to set aside space for a new 650 seat public school to help alleviate overcrowding at P.S. 116 and accommodate expected children from the 10,000 new residential units.
• Battery Park City residential development project in CB1 will include the construction of a new public school to alleviate overcrowding and accommodate children from new residential units.
• CB2 and the Public School Political Action Committee called for the building of new public elementary, middle and high schools at a recent forum and identified the Pier 40 development project as an opportunity for new education space.
• CB6 will soon have 2 new larger schools for P.S. 59 and the High School of Art and Design by 2011 being built as part of a new luxury residential development on 57th Street and 2nd Avenue; and

WHEREAS, The assumption that new residents of luxury units will send their children to private versus public schools is a false one.  The Huffington Post recently reported that there is a lack of excess capacity in private schools nationwide.  In Manhattan, private school applications have increased dramatically and there are no plans in place to keep up with the demand; and

WHEREAS, It is of utmost priority to address the growing population of children and ensure there are adequate facilities to educate them before the situation worsens, and it is largely the role of the Community Boards to be proactive and focus on the development of new schools within the district; therefore be it

RESOLVED, That CB5 strongly supports the Manhattan Borough President's Task Force on School Overcrowding, and be it further

RESOLVED, That CB5 urges the DOE and SCA to create schools and identify new seats for the growing number of students coming into our district, and be it further

RESOLVED, That CB5 urges the DOE and SCA to create new public elementary and middle schools within the geographic boundaries of CB5, and be it further

RESOLVED, That CB5 recognizes that the absence of seats for the expected influx of students is one of the most serious issues facing our community and will use the resources of the Board, including the Land Use & Zoning and Landmarks committees, to identify potential sites for schools.

WHEREAS, 15 East 17th St., on the north side of the street between Fifth Avenue and Broadway,  is a six-story, 25 foot wide Beaux Arts store and loft building, designed by Cleverdon & Putzel, Architects, built in 1898-1899, and is located in the Ladies' Mile Historic District; and

WHEREAS, The new tenant for the 20 foot storefront, a Thai restaurant, is applying for a Certificate of Appropriateness to modify the storefront and certain other elements of the ground floor; and

WHEREAS, This tenant replaces a previous tenant, a Check Cashing business, which had unsightly and inappropriate signage that has been removed; and

WHEREAS, The proposal includes:

• Installation of painted wooden doors, moldings and window frames similar in details to those found on the upper floors of the building;
• The only signage is to be back painted onto the window glass;
• No lighting fixtures on the exterior of the building;
• During renovations a vertical cast iron pier was exposed which is believed to be original to the building and it will be incorporated into the new design;
• Restoration of a polished granite base on the easterly side of the building, and if further investigation indicates that there is a corresponding  base on the westerly side, that will be restored as well;
• ADA compliance for the entrance doorways to the restaurant and the building;
• No gates, awnings or canopies; and

WHEREAS, The applicant has agreed to provide historical photographs to Community Board Five before any work is done on the building; and

WHEREAS, The proposed restoration and renovation is harmonious with the appearance of the building so that there would be a benefit to the entire district; therefore, be it

RESOLVED, That Community Board Five recommends approval of the Certificate of Appropriateness to modify the existing storefront, as proposed. 

WHEREAS, 24 East 21st St., on the south side of the street between Broadway and Park Avenue South, is a nine-story, 50 foot wide neo-Renaissance store and office building, designed by Frederick C. Zobel,  Architect, built in 1903-1904, and is located in the Ladies' Mile Historic District; and

WHEREAS, The owner converted the upper eight floors into condominiums in 2006 and has now applied for a Certificate of Appropriateness to install new storefront infill and lighting and to restore and renovate other significant elements at this building including replacement of portions of the non-historic sidewalk and removal of planters in front of the building; and

WHEREAS, The proposal includes:

• Removal of the sidewalk planters (Not mentioned in the Summary provided to Community Board Five);
• Removal of slate and pavers in the sidewalk and replacement and repair of sidewalk with a uniform, matching sidewalk in front of the building, extending to the front entrance door (Not mentioned in the Summary provided to Community Board Five);
• New wood spandrels above the two storefronts, painted black to match the other building window elements;
• Two new painted wood doors at the easterly storefront and one new door at the westerly storefront.
• Removal of a half-wall and replacement by a new pipe rail at the westerly side of the building for basement access;
• Two new lighting fixtures at the front entry door measuring 14 1/2" X  7 3/4" X 5" deep, in a design as shown to Community Board Five in a rendering; and

WHEREAS, The applicant has agreed to provide historical photographs to Community Board Five before any decorative work is to be done on the wooden spandrels; and

WHEREAS, The applicant has agreed not to install any awnings, canopies or exterior gates at the storefronts; and

WHEREAS, The proposed restoration and renovation is harmonious with the appearance of the building so that there would be a benefit to the entire district; therefore, be it

RESOLVED, That Community Board Five recommends approval of the Certificate of Appropriateness for the restoration and improvements to install new storefront infill and lighting, as proposed. 

WHEREAS, MMG Mardiks, in partnership with The Madison Square Park Conservancy has applied for a special event permit to host a Colorado Tourism event in Madison Square Park on Friday, April 11, 2007 from 9 a.m. to 6 p.m.; and

WHEREAS, The event will involve numerous free and interactive events for the public, including unamplified acoustic live musical performances, free food and cooking demonstrations, virtual skiing, golf, massage, a live bird exhibit, virtual mountain biking, virtual white water rafting and other activities, none branded to any commercial entity, and all designed to represent recreation in all four seasons in Colorado; and

WHEREAS, The proposed exhibition will require a Thursday setup; and

WHEREAS, The applicant has agreed to limit or eliminate any and all signage indicating corporate sponsorship and to allow the Community Board, through the Parks Committee, to approve such signage; and

WHEREAS, This is intended to be a one time event; and

WHEREAS, Applicant will not be selling any merchandise, and will supply security and personnel to clean up, will obtain liability waivers from all participants in its activities, is making a substantial contribution to the Madison Square Park Conservancy and has shown an attitude of cooperation and compromise with Community Board 5 and its requirements; therefore be it

RESOLVED, That Community Board Five recommends approval of this event application by MMG Mardiks, in partnership with The Madison Square Park Conservancy, for a special event permit to host a Colorado Tourism event in Madison Square Park on Friday, April 11, 2008, from 9:00 a.m. to 6:00 p.m.

The above resolution passed by a vote of 25 in favor; 8 opposed; 1 abstaining.

WHEREAS, A proposal has been received from NY Persian Parade, Inc. to hold a picnic in Madison Square Park; and

WHEREAS, The event would be held March 30, 2008, from 2:00 pm to 4:00 pm, with set up starting at 12:00 pm and clean up ending by 5:00 pm; and

WHEREAS, The event would consist of a picnic to which attendees would bring their own food, the applicant would be insured for the event, amplified sound might be used, and the event would be free of charge; and

WHEREAS, The event would be held in conjunction with the Persian Parade to be held the same day, for which a permit has already been issued; and

WHEREAS, The Persian Iranian Parade Foundation has applied to hold an event in Madison Square Park on the same day; and

WHEREAS, Both applicants originally appeared before the Parks Committee in January 2008, at which time the Parks Committee requested that the applicants return in February after having discussed how to coordinate or integrate their events and with specific details concerning the logistics of the events, including a diagram showing the areas of the park to be utilized by each organization and a layout of the activities; and

WHEREAS, Both applicants returned to the February committee meeting with no integrated plan and no clear indication of where and how the two events could coexist on the same day; and

WHEREAS, The Parks Committee was concerned that Madison Square Park could not support the several thousand people that could potentially be attracted by these events in light of the fact that lawn area will be closed for seeding on the day of the proposed events and neither applicant has applied for a street closure in conjunction with its event; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by the NY Persian Parade to hold a celebration in Madison Square Park on March 30, 2008.

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

WHEREAS, A proposal has been received from the Persian Iranian Parade Foundation Inc. to hold a celebration in Madison Square Park; and

WHEREAS, The event would be held March 30, 2008, from 1:00 pm to 4:00 pm, with set up starting at 9:00 am and clean up ending by 5:00 pm; and

WHEREAS, The event would consist of music and dancing and sandwich and drink sales by vendors, the applicant would be insured for the event, amplified sound would be used, and the event would be free of charge; and

WHEREAS, The event would be held in conjunction with the Persian Parade to be held the same day, for which a permit has already been issued; and

WHEREAS, the applicant has previously conducted an event in Eisenhower Park, which has a much more spacious fairground, and is outside of the City of New York; and

WHEREAS, NY Persian Parade has applied to hold an event in Madison Square Park on the same day; and

WHEREAS, Both applicants originally appeared before the Parks Committee in January 2008, at which time the Parks Committee requested that the applicants return in February after having discussed how to coordinate or integrate their events and with specific details concerning the logistics of the events, including a diagram showing the areas of the park to be utilized by each organization and a layout of the activities; and

WHEREAS, Both applicants returned to the February committee meeting with no integrated plan and no clear indication of where and how the two events could coexist on the same day; and

WHEREAS, The Parks Committee was concerned that Madison Square Park could not support the several thousand people that could potentially be attracted by these events in light of the fact that lawn area will be closed for seeding on the day of the proposed events and neither applicant has applied for a street closure in conjunction with its event; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by the Persian Iranian Parade Foundation Inc. to hold a celebration in Madison Square Park on March 30, 2008.

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

WHEREAS, Vanna Bella and Milan Hemmingway Designs have submitted an application to the City of New York Department of Parks & Recreation which proposes to conduct a Special Event in Bryant Park on Saturday April 26, 2008; and

WHEREAS, The proposed event, known as "Girls Just Want to Have Fun in the Park" will be a fashion show, to exhibit the work of seven design students; and

WHEREAS, Set-up of the proposed event would begin at noon, festivities would be conducted between 3:00 PM and 7:00 PM, and clean-up would be completed by 9:00 PM; and

WHEREAS, The proposed event would involveapproximately 50 participants, consisting of designers, hairstylists, make-up artists, models, photographers, video production, media and other staff; and

WHEREAS, There will be no charges to the participants, nor to the anticipated 200 spectators of the proposed event; and

WHEREAS, There will be no vendors nor merchandise sold at the proposed event; and

WHEREAS, With exception of bottled water and fruit that will be reserved for the backstage area, there will be no other food or beverages distributed; and

WHEREAS, There is a requirement for amplified sound, the applicant has applied for the appropriate permits; and

WHEREAS, It is a requirement of Bryant Park Management Corporation that those conducting Special Events are to be insured, having been advised of this, the applicant has sought the assistance through the Art Institute of New York, who have agreed to be in compliance; and

WHEREAS, Although Community Board Five has been advised that Bryant Park Management Corporation has turned-down this application, because the applicant presently has insufficient funding; and

WHEREAS, Although Bryant Park Management Corporation has raised objections to the applicant's proposed lay-out of the event, expressing that this would interfere with the flow of traffic; and

WHEREAS, Community Board Five therefore never the less feels that this is a worthwhile project, and encourages the applicant to work with Bryant Park Management Corporation to determine a more feasible space in which to conduct this event; therefore be it

RESOLVED, That Community Board Five recommends approval of Vanna Bella and Milan Hemmingway Designs application to conduct the "Girls Just Want to Have Fun in the Park" fashion show event in Bryant Park on Saturday April 26, 2008.

WHEREAS, Bryant Park Corporation, the applicant, is proposing to modify and upgrade the design of the lighting in Bryant Park and to install additional lighting throughout the Park; and

WHEREAS, Bryant Park, a New York City Scenic Landmark, is a formal French style garden designed in 1933 by Lusby Simpson, and was reconstructed and partially redesigned by Hanna/Olin in 1988-91; and

 WHEREAS, In years subsequent to the 1988-91 reconstruction, Bryant Park has become the host of special events throughout the year, which have substantially increased the number of visitors; and

WHEREAS, Several of the events such as Thursdays at 5 live music performances, HBO/Bryant Park Film Festival, Fashion Week, The Pond at Bryant Park ice skating, and The Holiday Shops at Bryant Park are conducted in the evening hours, having people in the park after dark, even as late as midnight; and

WHEREAS, The applicant proposes:

• To reduce operational maintenance
• Control energy usage
• Increase lighting (illuminance) levels, both measured and perceived (vertical levels)
• Reinforce the nighttime sense of the "urban room"
• Create greater lighting "flexibility" in response to diverse usage ; and

WHEREAS, The new light pole fixtures will be similar in design to the existing fixtures, except that they

• Will have twin instead of single globes
• Will contain an electrical outlet for seasonal displays
• Will be on dimmer switches so that they can be gradually turned down in the later hours of the evening or turned to very low levels when necessary; and

 WHEREAS, Certain other elements of the park will also be enhanced by installation of uplighting fixtures:

• Ingrade metal halide lights at statuary
• Ingrade LED uplights at balustrades
• Uplight enhancement at rear wall of the Public Library; and

WHEREAS, The new lighting configuration is designed to illuminate parts of the park less frequented at night because they are less inviting to the public, especially in the winter months; and

WHEREAS, An increase of the illuminance levels is beneficial to evening visitors, in that better lighting equates a deterrent to the criminal element while accommodating safer accessibility into and out of the Park; and

WHEREAS, The applicant will obtain approval of the changes from NYC Department of Parks and Recreation and the Public Art Commission; and

WHEREAS, The proposed design is harmonious with the existing historic park and its surroundings; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to modify and upgrade the lighting throughout Bryant Park.

WHEREAS, The owner and developer of an 124 bed Indigo Hotel presently under construction at 127-129th West 28th Street between Sixth and Seventh Avenues have requested a two-car loading and unloading zone be created in front of the property; and

WHEREAS, The Department of Transportation policy is to grant such requests for hotels with more than 100 rooms; and

WHEREAS, The Indigo Hotel at this location will be a full-service hotel and will require frequent taxi and other vehicle service that would create added congestion through double parking if there were no loading and unloading zone: and

WHEREAS, This is an extremely congested area during business hours; therefore be it

RESOLVED, That Community Board Five recommends that the Department of Transportation establish a hotel loading and unloading zone at 127-129 West 28th Street.

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