Resolutions: March 2008

WHEREAS, The applicant, Abbey Restaurant, Inc., d/b/a Resto, wants to install an unenclosed sidewalk café, with 3 tables and 6 chairs, leaving 10 feet from the curb to the barrier of the café; and

WHEREAS, The applicant has agreed to the following hours of operations:

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

WHEREAS, The applicant understands that "closing time" means that the café will be vacated of all patrons and will not be used by guests who wish to smoke; and

WHEREAS, Community Board Five is aware of the mixed commercial and residential nature of the street and feels the hours of operations of the sidewalk cafe will not have a negative impact on the neighborhood; and

WHEREAS, The applicant has agreed to apply to all relevant city or state agencies to get proper licensing to serve liquor in the designated area; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to install an unenclosed sidewalk café with 3 tables and 6 chairs at 111 East 29th Street.

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

October 4th, 2008

WHEREAS, The applicant, Epoch Times, wants to hold a street festival on West 36th Street between 7th & 8th Avenues; and

WHEREAS, The applicant anticipates 3000 visitors; and

WHEREAS, The applicant is the publisher of the newspaper Epoch Times, a for-profit corporation; and

WHEREAS, The applicant appeared in front of the Consents and Variances Committee in January 2008 with 3 different applications: 2 multi-block and 1 multi-day street festivals; and

WHEREAS, Community Board Five voted to deny the 2 multi-block events because they were new events to CB5, and CB5 has a moratorium on new street activity; and

WHEREAS, The applicant agreed to convert their multi-day event to a single day event to take place on Saturday, October 4th, 2008; and

WHEREAS, At the January 2008 Consents & Variances committee meeting, the applicant was unable to answer many questions from the committee pertaining to the nature of the vendors, the extent of the activities, the number of security personnel, and the number of sanitation personnel to operate at the street festival, and the applicant was asked to come back before the committee with additional information; and

WHEREAS, At the March 2008 Consents & Variances committee meeting, the applicant was still unable to answer many questions by the committee and showed an obvious lack of concrete planning; therefore be it

RESOLVED, That Community Board Five recommends denial of the Epoch Times’ application to hold a Street Festival on West 36th Street between Seventh & Eighth Avenues on Saturday, October 4th, 2008.

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

WHEREAS, The Greenmarket is seeking permission for temporary street closure for Union Square West between East 15th and East 14th Streets and Union Square West between East 17th and East 16th Streets for exclusive parking for Greenmarket producers; and

WHEREAS, New York City Parks and Recreation plans to reconstruct the northern end of Union Square Park; and

WHEREAS, Union Square Park and the north plaza of Union Square are highly valued public spaces that serve many constituencies, including local residents, businesses, park visitors, playground users, the Greenmarket and many others; and

WHEREAS, Any proposal for the redesign of the park and plaza must balance the many uses of the park’s constituents; and

WHEREAS, The Union Square Partnership and the Department of Parks and Recreation appeared before Community Board Five in February 2005, with their proposed design for the reconstruction, and also in February 2006, with their modifications to the original proposal; and

WHEREAS, Community Board Five has already passed resolutions in support of both their original proposal, and also the revised proposal; and

WHEREAS, Construction is due to begin in the northern plaza of Union Square very shortly; and

WHEREAS, To maintain a contiguous market layout and to maintain market space for all of its producers, Greenmarket now seeks permission for a temporary street closure; and

WHEREAS, It has been proposed to close Union Square West between East 15th and East 14th Streets, on Wednesdays and on Saturdays from May through December 2008, between 5:30 AM and 7:30 PM; and

WHEREAS, During these hours, vehicular traffic would need to be re-routed westbound on East 15th Street; and

WHEREAS, Greenmarket also seeks permission for exclusive parking for their producers along Union Square West from East 17th to East 14th Streets, and along the north side of East 15th Street between Union Square West, on Mondays, Wednesdays, Fridays and Saturdays, between 6:00 AM and 8:00 PM; and  

WHEREAS, It has been proposed that the producers’ trucks would be parked on Union Square West and that tents would be set-up in front of their vehicles; and

WHEREAS, The proposed street closure would not obstruct any of the sidewalks; and

WHEREAS, Greenmarket will work with the New York City Department of Parks & Recreation, and the other city agencies to obtain all the necessary permits and signage to execute their proposal for temporary street closure; and

WHEREAS, During our discussion of the proposed temporary street closure, it has been recommended that the southwestern relocation of the Greenmarket producers might necessitate additional temporary street closure of Union Square West between East 17th and East 16th Street; and

WHEREAS, 220 West 57th Street, formerly the American Society of Civil Engineers ("ASCE") Clubhouse, now Lee's Art Shop, was built in 1897 to the designs (in the Francois I style) of the noted architect Cyrus L. W. Eidlitz who received many important commissions at the turn of the 20th Century, including the building that houses the Association of the Bar of the City of New York, 42 West 44th Street, and the remaining shell of the former New York Bank for Savings at 280 Park Avenue South at the SW corner of East 22nd Street, now part of the Gramercy Place apartment building; and 

WHEREAS, The ASCE building was enlarged in 1905 when the ASCE again commissioned Eidlitz to design a contiguous two-bay western addition to accommodate their growing membership; and

WHEREAS, ASCE was founded in New York City in 1852 and its move from a series of small buildings to this elegant four-story brick and limestone clad building was widely anticipated across the country, according to a contemporary account in the New York Times; and

WHEREAS, The building provided many amenities to the ASCE membership including a lounge, offices, a 400 seat auditorium, a library on the second floor intended for use by civil engineering students, until 1916 when ASCE moved to the Engineering Societies Building, 33 East 39th Street, after which several companies shared the building; Schrafft's, a once popular restaurant chain, occupied the ground floor from 1928 to 1974; since that time Lee's Art Shop has occupied the ground floor and expanded recently to the upper floors and uncovered an ornamental ceiling during renovations; and

WHEREAS, The design of the building has been praised as "balanced, dignified and harmonious" especially as it relates to the 1892 Henry J. Hardenburgh-designed, Landmarked American Fine Arts Society Building, now the Art Students League, across West 57th Street; and

WHEREAS, These two buildings are the only two low-scale buildings remaining on West 57th Street between Seventh Avenue and Broadway; West 57th Street has lost many of its low-scale buildings which have been demolished in recent years to provide sites for high-rise developments; and

WHEREAS, Other than alterations at the ground floor, the ASCE Clubhouse is a remarkably well-preserved building with a rich historical, architectural and cultural heritage, therefore, be it

RESOLVED, Community Board Five recommends approval of the designation of the American Society of Civil Engineers Clubhouse, 220 West 57 Street, as an individual Landmark. 

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

WHEREAS, The New York City Landmarks Preservation Commission ("LPC") has been requested to provide a Report to the New York City Department of City Planning ("DCP") pursuant to Section 74-711 of the Zoning Resolution to facilitate the transfer of approximately 275,000 square feet of floor area from 678 Fifth Avenue (St. Thomas Church) to a development site located at 53 West 53rd Street going through-block to West 54th Street; and

WHEREAS, LPC has been requested to provide a second report to DCP pursuant to Section 74-79 of the Zoning Resolution to facilitate the transfer of approximately 136,000 square feet of floor area from 1 West 54 Street (The University Club) to a development site located at 53 West 53rd Street going through-block to West 54th Street; and

WHEREAS, The receiving Development site, 53 West 53 Street, contains 210,238 square feet of available floor area, which will be supplemented by another 7,000 square feet of available floor area from the existing Museum of Modern Art ("MoMA") to be used for the Connector Building; and

WHEREAS, The grand total of  628,238 square feet for the proposed new Mid Block development would result in a 75 story 1,155 ft. high eccentric, asymmetrical tower according to designs prepared by the celebrated French architect, Jean Nouvel, for the Developer, Hines; and

WHEREAS, The proposed tower at 1,155 ft. would be higher than the Chrysler Building's 1,047 ft., and just under the height of the Bank of America's 1,200 ft. tower nearing completion, and the Empire State Building at 1,250 ft., ranking it as the third tallest building in New York City if it were built; and

WHEREAS, Unlike all the other buildings cited above and some other towers of comparable height (New York Times Building 1,046 ft., including a mast on top of the building proper; Citicorp. 915 ft. and Trump World Tower 861 ft.), the proposed building, to be known as Tower Verre, will not be either on a wide avenue or major, wide crosstown street and will not occupy a full avenue blockfront; and

WHEREAS, The Developer has not provided a written preservation plan and independent Shadow Studies, as requested by the Committee, which are imperative in order to assess if there is an adequate preservation plan in place and for LPC to Report whether

• The new tower will "relate harmoniously to the subject landmark buildings" pursuant to Sect. 74-711 (a) (2) including the stained glass windows of St. Thomas Church which face west to the Development site,
• There will be a "minimal adverse effects on the structures or open space in the vicinity in terms of scale, location and access to light and air" pursuant to Sect. 74-711 (b) (2), namely:
• 5 West 54 Street, the Landmarked Starr Mansion
• 7 West 54 Street, the Landmarked Lehman Mansion
• 9-11 West 54 Street, the Landmarked Goodwin Mansion
• 13-15 West 54 Street, the Landmarked Rockefeller Mansion
• 17 West 54 Street, the Landmarked Rockefeller Apartments
• MoMA Sculpture Garden, not a Landmark, but an eventual candidate for Scenic Landmarking, very likely the most adversely affected open space in the vicinity of the proposed tower,
• 51 West 52 Street, the Landmarked CBS Building
• There will be an "adverse affect (to) adjacent buildings ... by unduly restricting light and air to surrounding streets and properties" pursuant Sect. 74-721 (a) (3); and

WHEREAS, Furthermore, with respect to the University Club transfer of air rights, Sect. 74-79 requires adherence to the regulations of Sect. 74-792 of the Zoning Resolution which states:

(e)    "As a condition of permitting such transfers of development rights, the Commission shall make the following findings: (1) that the permitted transfer of floor area or variations in the front height or setback regulations will not unduly increase the bulk of any new development, density of population or intensity of use in any block to the detriment of the occupants of buildings on the block or nearby blocks and any disadvantages to the surrounding area caused by reduced access of light and air will be more than offset by the advantages of the Landmark's preservation to the local community and the City as a whole;

"The Commission (City Planning Commission) shall give due consideration to the relationship between the landmark building and any new building developed on the adjacent lot regarding materials, design, scale and location of bulk.

"The Commission may prescribe appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area"; and

WHEREAS, Not only the properties set forth in point 2) hereinabove may be adversely affected by the proposed new tower, but other low and mid-rise buildings, many of them historic but not Landmarked, will also be affected, and

WHEREAS, The Zoning Resolution contemplates that the private burden of ownership of a landmark property may be offset by the benefit of a sale of development rights, and the public burden of a new building of higher density is alleviated by the continued existence and maintenance of a landmark, and further that these benefits and burdens bear some reasonable relationship to each other; and

WHEREAS, Community Board Five values the University Club and St. Thomas Church, notes that both are currently in good condition and is pleased to see ongoing maintenance plans, however, the proposed development rights transfer is expected to total over 400,000 square feet and result in a building triple the size of one built without development rights, thereby creating a public burden that far exceeds any public benefits; and

WHEREAS, Any new construction of the magnitude proposed would constitute a major disruption in traffic flow, an impediment to emergency vehicles, cause noise, contribute to air pollution, create problems for removal of construction debris on narrow cross-town streets, preventing access to, and the quiet, safe enjoyment of, the Landmarked properties; therefore, be it

RESOLVED, That Community Board Five urges the New York City Landmarks Preservation Commission to issue two Reports to the New York City Department of City Planning recommending DENIAL of BOTH:

• the transfer of 275,000 square feet of Air Rights from 678 Fifth Avenue (St. Thomas Church) under Sect. 74-711 of the Zoning Resolution to the development site located at 53 West 53rd Street, and
• the transfer of 136,000 square feet of Air Rights from 1 West 54 Street (The University Club) under Sect. 74-79 of the Zoning Resolution, to a Development site located at 53 West 53 Street. 

The above resolution passed by a vote of 27 in favor; 1 opposed; 2 abstaining.

WHEREAS, Rockefeller Center is an individual Landmark that includes Rockefeller Plaza and the Channel Gardens, and Rockefeller Center is considered "(A)n island of architectural excellence ... the greatest urban complex of the 20th Century; an understated and urbane place that has become a classic lesson in the point and counterpoint of  space, form, and circulation"; and

WHEREAS, The owner of Rockefeller Center, RCPI Landmark Properties, LLC, has filed an Application with the NYC Landmarks Preservation Commission ("LPC") seeking Approval of the continued siting of the three existing "Top of the Rock" Ticket Kiosks on a permanent basis in the Plaza and Channel Gardens area; and

WHEREAS, These Ticket Kiosks were approved on a temporary basis pursuant to an amended Certificate of No Effect issued December 4, 2006, without coming before Community Board 5 and without a Public Hearing held by LPC; and

WHEREAS, The Applicant is seeking permanent approval for these three kiosks, with its application stating that they are freestanding and serviced by existing electrical and telecommunications plug-in connections; as such, the Ticket Kiosks can be moved, as is the practice, when major events are held on the Plaza; and

WHEREAS, The primary purpose of the Ticket Kiosks is to serve as a venue for the sale of tickets for "The Top of the Rock" and is reported by the applicant to process 1/3 of the tickets sold, and

WHEREAS, Tickets to the "Top of the Rock" can be purchased alternatively at a ticket office at 30 Rockefeller Plaza or online; and

WHEREAS, The Ticket Kiosks themselves, the LED lights and signage on the kiosks are intrusive and not original to the historical design of the Landmark; and

WHEREAS, The Ticket Kiosks are considered an inappropriate element in the Plaza area serving primarily to promote the commercial interests of the applicant; therefore, be it

RESOLVED, Community Board 5 recommends that the LPC deny the application for Approval of the permanent placement of the existing Ticket Kiosks for “Top of the Rock” on the center block of Rockefeller Plaza and in the Channel Gardens. 

The above resolution passed by a vote of 27 in favor; 1 opposed; 1 abstaining.

WHEREAS, Since 2008 is the 60th anniversary of the State of Israel, the Hillel at Baruch College is leading an organization of Hillels from other area colleges to organize an event in Madison Square Park to commemorate the anniversary on May 9, 2008 (rain date May 11, 2008) from 10:00 AM to 1:00 PM ; and

WHEREAS, Setup will start at 9:00 AM and breakdown will occur before 2:00 PM; and

WHEREAS, The program will occur on the crushed gravel area near the Shake Shack and will include speeches, games and concert; and

WHEREAS, The event will be used to disseminate information (on two or three folding tables) on careers and programs of interest to college students, and

WHEREAS, The musical performance is only a portion of the event, and

WHEREAS, The applicant is the process of securing a permit for amplified sound, and

WHEREAS, This is a one-time-only event, not commercial in nature, and with no major signage, Therefore, be it

RESOLVED, That Community Board Five recommends approval for the Hillel at Baruch College event in Madison Square Park on May 9, 2008.

WHEREAS, An application has been received at The New York City Department of Parks and Recreation from the Immaculate Baking Company to conduct “The Manhattan Monster Cookie and Milk Project” in Union Square Park on Sunday June 22, 2008; and

WHEREAS, This proposed fund raising event, on behalf of the GELL Greenroof project at P.S. 41 will involve baking a giant cookie and selling pieces to the public to raise money for the project, while people from P.S. 41 share literature about the Greenroof; and

WHEREAS, The event has been proposed to be conducted beginning at 11:00 AM, ending at 3:00 PM, and will involve set-up beginning at 9:30 AM and clean-up to be completed at 4:30 PM; and

WHEREAS, This event is open to the public, there will be no charges for either participants or spectators; and

WHEREAS, The Immaculate baking company has successfully and uneventfully conducted over 50 other monster cookie baking benefits in the public domain since 2003; and

WHEREAS, The proposed event will not require amplified sound, involve significant signage, use any open flames or otherwise pose any risk to those in attendance; therefore, be it

RESOLVED, That Community Board 5 recommends approval of “The Manhattan Monster Cookie and Milk Project” in Union Square Park on Sunday June 22, 2008.

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

WHEREAS, An application has been received at The New York City Department of Parks and Recreation from the International Council of Celebration of Buddha’s Birthday, proposing to conduct an event in the South Plaza of Union  Square Park; and

WHEREAS, The event has been proposed to be conducted on Sunday May 4, 2008, with festivities beginning at 1:00 PM, ending at 7:00 PM, and will involve set-up beginning at 12:00 PM and clean-up to be completed at 8:00 PM; and

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

WHEREAS, The applicant is insured for this event, and will provide on-site security and medical services; and

WHEREAS, There will be no charges for either participants or spectators, nor food being sold; however, the applicant has indicated that there is a commercial sponsor, and that it is their intent for cell phones to be sold during the proposed event; and

WHEREAS, Information presented to Community Board Five lacked important details, and due to this and the commercial aspects of this event; therefore be it

RESOLVED, Community Board Five recommends denial of the International Council of Celebration of Buddha’s Birthday application for a New York City Department of Parks and Recreation Special Events Permit to conduct this event in Union Square Park on May 4, 2008.

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

WHEREAS, Israelite Church of God in Jesus Christ has submitted an application to the City of New York Department of Parks & Recreation seeking permission to conduct a special event in Union Square Park on Sunday March 30, 2008; and

WHEREAS, No representative of the organization attended the meeting of the Parks committee on Monday March 3, 2008; and

WHEREAS, Any questions that the committee may have wished to have asked of the applicant regarding this proposed event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the Israelite Church’s application to conduct a special event in Union Square Park on Sunday, March 30, 2008.

The above resolution passed by a vote of 26 in favor; 0 opposed; 3 abstaining.

WHEREAS, The Madison Square Park Conservancy has requested approval of Mad.  Sq.  Art 2008, a series of four temporary art installations for Madison Square Park from March through November 2008; and

WHEREAS, Internet art by Russian artist Olia Lialina, specifically four newspaper works based on local newspapers, will be displayed on computer screens on bases which are already in place near the Shake Shack, between 10 a.m. and 6 p.m. daily from March 20 through April 27, 2008; and

WHEREAS, British artist Richard Deacon will exhibit seven new mid-size ceramic pieces around the park and five new geometric works on the Oval Lawn from May 15 through August 2008; and

WHEREAS, Japanese installation artist Tadashi Kawamata will install ten to fifteen of his signature wooden tree houses high in trees within the park from September through October 2008; and

WHEREAS, The trees will be protected by rubber material so that Mr. Kawamata's tree houses will not come in contact with the trees, an arborist will be on-site for installation and de-installation, and the applicant has represented that the City of New York  Parks and Recreation Department has approved their installation method as safe for the trees; and

WHEREAS, Mr. Kawamata's tree houses contain no interior space and will be installed high enough in the trees so that they are not accessible from the ground; and

WHEREAS, Mexican-Canadian electronic artist Rafael Lozano-Hemmer will locate approximately 200 SXK10K robotic searchlights around on posts approximately every fifteen feet inside the fence around the Oval Lawn during November 2008; and

WHEREAS, MR. Lozano-Hemmer's lights will be turned on from approximately 6:30 p.m. to 9:30 p.m. nightly, will be directed into the center of the Oval Lawn and will pulse at different rates depending on viewers' heart rates captured through hand-held receptors at each end of the installation;  and

WHEREAS, There will be no admission charged for any of the installations; therefore be it

RESOLVED, Community Board Five recommends approval of Madison Square Park Conservancy's application for the Madison Square Art 2008 series of temporary installations in Madison Square Park from March through November 2008.

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

WHEREAS, MartinoFlynn LLC has submitted an application to the City of New York Department if Parks & Recreation seeking permission to conduct a special event in Union Square Park on Tuesday June 3, 2008; and

WHEREAS, No representative of the organization attended the meeting of the Parks committee on Monday March 3, 2008; and

WHEREAS, Any questions that the committee may have wished to have asked of the applicant regarding this proposed event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of Martino Flynn, LLC's application for a special event in Union Square Park on Tuesday, June 3, 2008.

WHEREAS, The Times Square Alliance, with assistance from the Manhattan Borough President, has proposed a sidewalk lighting project which would add 23 new lighting arms to existing mid-block light poles on both sides of 8th Avenue between West 42nd Street and West 53rd Street; and

WHEREAS, The proposed pedestrian arms will be mounted approximately 14 feet up the poles and extend over the sidewalks; and

WHEREAS, The pedestrian arms and lights are modified versions of the existing “M Poles” and “Flatbush Streetlights” along 8th Avenue so that they will match the style of the existing lights; and

WHEREAS, This combination of arm and pole has been used in other parts of the City and is approved by the Department of Transportation; and

WHEREAS, The Board finds that the proposed plan would be an improvement over the inconsistent and often inadequate sidewalk lighting on 8th Avenue and would like to see the lighting extended to Columbus Circle; therefore be it

RESOLVED, That the Board supports and approves of the Times Square Alliance plan to enhance pedestrian street lighting on 8th Avenue between West 42nd Street and West 53rd Street; and be it further

RESOLVED, That Community Board Five recommends that the Department of Transportation extend this lighting six additional blocks to Columbus Circle.

 
The above resolution passed with a vote of 26 in favor, 0 opposed, 1 abstaining.

WHEREAS, The  NYC Department of Transportation has proposed a new vehicular and pedestrian circulation plan for Broadway and Fifth Avenues between West 25th Street and East 22nd Streets; and

WHEREAS, The existing traffic patterns are illogical and confusing so that it is very difficult for drivers coming down Broadway and Fifth Avenues to continue on those streets; and

WHEREAS, Pedestrians are faced with numerous obstacles, confusing signals and are forced to cross great distances to navigate the streets so that they are essentially discouraged from traveling through this area; and

WHEREAS, The Broadway bicycle lane simply stops just north of this area and begins again south of the area; and

WHEREAS, The existing traffic patterns create dangerous conditions for pedestrians and bicyclists and forces drivers, including bus drivers, to take extra turns and stop for more traffic signals; and

WHEREAS, The Department of Transportation has proposed a new circulation plan which will simplify the traffic patterns by making it easy for vehicles traveling down Fifth Avenue to remain on Fifth Avenue and for vehicles traveling down Broadway to remain on Broadway; and

WHEREAS, The proposed plan will create new safe bicycle route connections through the area; and

WHEREAS, The proposed plan would greatly increase the amount of “safe” pedestrian areas north and south of 23rd Street in the middle of the present intersection as well as along Madison Square Park and at the intersection of Broadway and West 24th Street; and

WHEREAS, The proposed plan makes a number of pedestrian crossings, some presently illegal, safer and more logical in that they more closely resemble the routes pedestrians would expect to take; and

WHEREAS, Community Board Five is concerned that there is no way for pedestrians to cross Broadway and Fifth Avenues from West 24th Street or to exit the north end of the island at this intersection and that this encourages jaywalking and creates dangerous conditions; and

WHEREAS, The Department of Transportation will install “hard landscaping’ features to discourage pedestrians from jaywalking in this area; and

WHEREAS, The Flatiron/23rd Street Partnership BID has agreed to work with DOT to provide materials and maintain the hard landscaping and would like to work with the Board on the design and use of the new pedestrian space in the area; and

WHEREAS, The new traffic and pedestrian changes can be further modified because the present plan does not involve changing curbs or other major infrastructure in the area:  therefore be it

RESOLVED, That Community Board Five approves the Department of Transportation Madison Square Pedestrian Project as presented to the Board and expects DOT to continue to remain open to future modifications of the plan as future pedestrian and vehicular patterns develop in the area and that a final plan will be presented to the Board before any permanent curbs or sidewalks are installed in the area.