WHEREAS, The applicant, Lunetta, is applying for a revocable consent to install an unenclosed sidewalk café at 920 Broadway, at the corner of 21st Street; and

WHEREAS, The proposed sidewalk café would have 24 tables and 48 seats, and would leave only 8'2'' feet on 21st Street and 8'5'' on Broadway for pedestrian traffic; and

WHEREAS, Community Board 5 feels the proposed sidewalk café is too large and would like to reduce its width to leave 9'6 ½'' clearance on 21st Street and 10'9'' feet clearance on Broadway'; and

WHEREAS, The applicant agreed to the Committee's requirements; therefore be it

RESOLVED, That Community Board 5 recommends approval with the following conditions of the revocable consent for an unenclosed sidewalk café at 920 Broadway:

• The sidewalk café will leave 9'6 1/2'' clearance on 21st street and 10'9'' feet clearance on Broadway
• and will have 19 tables and 38 seats.

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

WHEREAS, The applicant, Bar Stuzzichini, is applying for a revocable consent to install an unenclosed sidewalk café at 928 Broadway, between 21st and 22nd streets; and

WHEREAS, The proposed sidewalk café would have 12 tables and 24 seats, and would occupy 9'7'' feet from the façade of the restaurant to the outermost table, leaving only 9'7'' feet for pedestrian traffic; and

WHEREAS, Community Board 5 feels the proposed sidewalk café is too large and would like to reduce its width to under 7'; and

WHEREAS, The applicant agreed to the Committee's requirements; therefore be it

RESOLVED, That Community Board 5 recommends approval with the following conditions of the revocable consent for an unenclosed sidewalk café at 928 Broadway:

• The sidewalk café will not exceed 7' in width 
• will reduce the tables/seats from 12 tables and 24 seats to 8 tables and 16 seats.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on 5th Avenue at the North West corner of 32nd Street; and

WHEREAS, Fifth Avenue is a world-renowned Avenue that offers a open view corridor; and

WHEREAS, There are no newsstands on Fifth Avenue between 25th Street and 81st Streets; and

WHEREAS, Adding a newsstand at the proposed site would set an unfortunate precedent and would produce more physical and visual clutter; therefore be it

RESOLVED, That Community Board 5 recommends denial of the application to install a newsstand on 5th Avenue at the North West Corner of 32nd Street.

The above resolution passed by a vote of 25 in favor; 10 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on 5th Avenue at the North East Corner with 58th Street; and

WHEREAS, The intersection is one of the most congested with pedestrian traffic in New York City; and

WHEREAS, The 5th Avenue Association BID has conducted a pedestrian traffic study of the area showing severe traffic congestion; and

WHEREAS, A newsstand at the proposed site would have an extremely negative impact on pedestrian traffic, thus creating an unsafe condition; and

WHEREAS, There are no newsstands on 5th Avenue between 25th Street and 82nd Street); and

WHEREAS, A newsstand would set an unfortunate precedent and would create visual clutter on the prestigious Avenue; and

WHEREAS, The New York City Art Commission has rejected newsstands proposed for the Fifth Avenue Special District stating, "The Commission notes that the zoned, Fifth Avenue Special Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands, will severely detract from its attractiveness and effectiveness"; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a newsstand on 5th Avenue, at the North East corner of 58th Street.

The above resolution passed by a vote of 28 in favor; 4 opposed; 1 abstaining.

WHEREAS, The applicant is seeking a revocable consent to construct a security wall structure under the sidewalk at 130 East 59th Street, and

WHEREAS, The building has been going through an extensive renovation and in this course it has appeared that a structural column could not be reinforced, leading to the need to build a wall structure to reinforce the sidewalk, and

WHEREAS, The wall structure will entirely be underneath the sidewalk and will not be visible, therefore be it

RESOLVED, That Community Board 5 recommends approval of the application by United Jewish Appeal for a sidewalk security wall at 130 East 59th Street.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, New York Public Library, Main Branch, 476 Fifth Avenue, between West 40th and West 42nd Streets, is a celebrated individual New York City Landmark famous throughout the world, designed in 1897 in a competition won by the architectural firm Carrere & Hastings and completed in 1911; and

WHEREAS, In recognition of a $100 million donation from Stephen A. Schwarzman, Chairman and CEO of the Blackstone Group, the Library has decided to name its main Fifth Avenue Landmark building the "Stephen A. Schwarzman Building" when its renovation is completed in 2014; and

WHEREAS, The Library has applied for approval to carve lettering with this name in five locations, as follows:

• Two carvings on the Fifth Avenue facade, one on either side of the main entrance stone support pedestals, in letters 1 1/2" by 2", in a 26" by 65" stone area;

• Two carvings on the 42nd Street facade, one on either side of the 42nd Street entrance at the two flanking curved stone pedestals, in letters 1" by 1 1/2";

• One carved medallion, with a diameter of 35" in the center circle of the floor rosette at the Fifth Avenue main entrance; and

WHEREAS, Although the style of lettering is consonant with other historic lettering and the attribution to the donor is deemed important by the Library, Community Board Five considers the number of carvings excessive and

unnecessarily intrusive to this iconic facade; therefore be it

RESOLVED, Community Board Five recommends denial of the Application from the New York Public Library for the five carved letterings in stone for its Donor Recognition Program, with the following exceptions:

• Approval of that portion of the Application that will permit carving in the stone floor rosette at the Fifth Avenue entrance to the Library.

• Approval of that portion of the Application that will permit carving in the two stone flanking pedestals at either side of the 42nd Street entrance to the Library.

WHEREAS, 60 Madison Avenue, known as the Neptune Building, constructed in 1909, between East 26th and East 27th Streets, is located in the Madison Square North Historic District; and

WHEREAS, The owner of this 200,000 sq. ft. office building has applied to renovate the storefronts; and

WHEREAS, The proposed storefront designs and materials are appropriate to the historical character of this building; therefore be it

RESOLVED, That Community Board Five recommends approval of the renovation of the storefronts at 60 Madison Avenue in accordance with the plans and designs presented by the Applicant. 

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

WHEREAS, 71 West 23rd Street, Masonic Hall, 23rd Street is a 19 story building constructed in 1909 and 1913, located in the Ladies Mile Historic District; and

WHEREAS, The New York City Landmarks Preservation Commission notified the Applicant that there are four illegally placed flagpoles on the building, two on the West 23rd Street facade and two on the Avenue of the Americas facade; and

WHEREAS, Masonic Hall has applied to have these four flagpoles legalized; and

WHEREAS, The Applicant has not supplied historic photographs or documentation to support the placement of the flagpoles on the building; and

WHEREAS, Community Board Five has had a general policy of not approving illegal additions to landmarked buildings in Historic Districts; therefore be it

RESOLVED, Community Board Five recommends denial of the application to legalize the four flagpoles at 71 West 23rd Street.

The above resolution passedby a vote of 38 in favor; 0 opposed; 2 abstaining.

WHEREAS, 123 West 44 Street, formerly the Hotel Girard, (now owned by Korman Hotels and operated as AKA United Nations Hotel, a long stay residential hotel) was built in 1894, designed by the architect, George Keister, in German Renaissance style , is an individually landmarked building; and

WHEREAS, The current owner is reconstructing the entire sidewalk in front of the hotel above an underground building vault at a reported cost of $1 million; and

WHEREAS, The owner has applied to reconstruct the storefronts and entry to the building, none of which are original to the building, probably 1960's renovations; and

WHEREAS, Community Board Five has reviewed the proposed designs, materials (limestone, blackened stainless steel and glass), signage and lighting for the storefronts for the two restaurants, Cafe Un Deux Trois and Trattoria Dopo Teatro, which have been located there for many years, and the entrance (including a canopy with small LED lights) to the hotel; and

WHEREAS, Community Board Five has determined that the replaced facade elements are appropriate to the landmarked building; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to replace the storefronts and building entrance as presented by the applicant at 123 West 44th Street. 

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

WHEREAS, 620 Avenue of the Americas (620 6th Avenue), the former Siegel Cooper Dry Goods Store, once the largest department store in New York City, covering over 15 acres of selling space, designed by Delemos and Cordes, architects, and built in 1895 -1899, is located in the Ladies Mile Historic District; and

WHEREAS, This eclectic Beaux Arts store was built by a European trained firm for the entrepreneurs Henry Siegel and Frank Cooper, and once boasted an upper level entrance directly from the platform of 6th Avenue El,: and

WHEREAS, Siegel came from Chicago, where his attitudes towards marketing and retail had been shaped by his encounter with the 1893 World's Columbian Exposition which inspired him to use monumental architectural expression to attract customers to his store; and

WHEREAS, The prior owners of the building received approval in 1990 from the New York City Landmarks Preservation Commission to construct a 110,000 sq. ft. occupy able rooftop addition plus rooftop mechanical additions which have never been built; and

WHEREAS, The current owner is applying for:

• a 70,000 sq. ft. occupy able rooftop addition plus rooftop mechanical additions;

• a new 13 story plus 3 story penthouse building infill addition at 30 West 19th Street, to contain a new 270 room hotel in a former parking lot; and

WHEREAS, The new rooftop additions will be less visible than the additions that the applicant already has approval to build; and

WHEREAS, The materials (masonry, metal and glass) and design of the new hotel addition are harmonious with the design of the existing building; and

WHEREAS, The 3 story penthouse addition will be set back 26 1/2 ' instead of the 15' required by Zoning, so that it will be less visible from the street; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for rooftop additions and the new 13 story plus 3 story penthouse building addition for a hotel, as detailed by the applicant at 620 Avenue of the Americas.

WHEREAS, 1170 Broadway and 12 West 28th Street are adjacent buildings under the same ownership, known as the Johnson Building, in the Madison Square North Historic District, built in 1902 and 1903; and

WHEREAS, The owner is applying for approval to construct a rooftop addition and renovate portions of the facade and inner courtyard; and

WHEREAS, The rooftop addition is primarily for enclosed mechanical and cooling equipment with a small "Event Space" and terrace for not more than 75 person occupancy, minimally visible from the street; and

WHEREAS, The applicant will reconstruct and restore the large, metal turret ornament at the corner of the rooftop; and

WHEREAS, The applicant will renovate the storefronts in a style similar to the original storefronts including awnings above the storefronts (as well as at the third floor of the building) which will be converted for use as a hotel; and

WHEREAS, The storefronts will use a combination of stone, glass, frosted glass transoms and metal panels reminiscent of the original building features as shown in historic photographs; and

WHEREAS, The inner courtyard will be improved with a glass skylight roof and painted in a historically faithful way; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to construct a rooftop addition, renovation of the storefronts and other facade elements and renovation of the inner courtyard, as presented by the applicant at 1170 Broadway and 12 West 28th Street. 

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

WHEREAS, The Trust for Architectural Easements has requested approval of the Designation of the Garment District, an irregular area of approximately eighteen blocks, as a District to be listed on both the New York State and U.S. Department of the Interior Registers of Historic Places; and

WHEREAS, The area of the proposed District would be roughly bounded by West 41st Street to the north, Broadway to the east and parts of the blocks just east of Broadway, West 35th Street to the south, parts of blocks south to West 34th Street, and to the west of Eighth Avenue, almost to Ninth Avenue; and

WHEREAS, Part of the District, which comprises some 260 buildings constructed in the two decades from 1916 to 1935, would be in Community Board 4, but most of it would be in Community Board 5; and

WHEREAS, The District will be approved unless 51% of the property owners in the proposed area object to the Designation; and

WHEREAS, The Designation of the District will not affect any property rights of owners to sell, renovate or even to demolish their buildings unless they elect to receive tax benefits through receiving either:

• 20% Tax Credits for the substantial renovation of qualifying properties for work performed that meets   Federal preservation standards, and/or

• The one-time Contribution Tax benefit for the Sale of a facade or exterior easement (based on the appraised value of the easement) to the Trust for Architectural Easements, which then becomes part of the property deed; and

WHEREAS, The listing honors the property by recognizing its importance to its community, state or the nation and raises the community's awareness of and pride in its past; therefore, be it

RESOLVED, Community Board 5 recommends approval of the Garment Center Historic District Designation (for the area set forth in a Map of the proposed district provided to the Community Board) which will permit all qualifying properties in that District to be placed on the New York State and Federal Registers of Historic Places and CB 5 will write a letter to New York State Office of Parks, Recreation and Historic Preservation indicating its support. 

WHEREAS, The Applicant, 42 West 18th Street Realty Corp. has requested renewal of a Special Permit pursuant to Section 74-711 of the Zoning Resolution to facilitate the construction of a mixed use development project on a zoning lot located at 38-42 West 18th Street a.k.a. 41-45 West 17th Street; and

WHEREAS, This item came before Community Board 5 in October 2003 and the board opposed it because the applicant was seeking to change the zoning from M1-6M to C6-4A within the Ladies Mile Historic District and the board was concerned about approving special permits within manufacturing zones; and

WHEREAS, The zoning for this area has since been changed from manufacturing to commercial with this location going from M1-6M to C6-4A; and

WHEREAS, The project proposes to integrate a new structure with two existing structures to create one interior space which will be developed for commercial use on floors 1-3 and 90 residential units on floors 4 and above; and

WHEREAS, The requested Special Permit renewal would allow the following:

• residential use on floors 4 through 16

• a new building and enlarged portions to penetrate the height and setback requirements; and

• proposed 2-story and 3-story enlarged portions as permitted obstructions within the required rear yard; and

WHEREAS, The applicant said that at this time they were not seeking LEED certification; and

WHEREAS, Community Board 5 encourages the applicant to seek the highest LEED certification possible for these buildings; and

WHEREAS, The Department of City Planning granted this Special Permit effective February 3, 2004 and it expired on February 2, 2008; and

WHEREAS, The Landmarks Preservation Commission issued the initial Certificate of Appropriateness on May 22, 2001 and voted to grant a new one on August 7, 2007; therefore be it

RESOLVED, That Community Board Five recommends renewal of the Special Permit pursuant to section 74-711 of the zoning resolution for mixed-use (residential and commercial) development at 38-42 West 18th Street.

The above resolution passed by a vote of 36 in favor, 0 opposed, 1 abstention.

WHEREAS, Park Avenue Hotel Acquisition, LLC, the applicant and developers of 610 Lexington Avenue on the southwest corner of 53rd Street and Lexington Avenue, have filed two applications with the Department of City Planning:

• 080177ZRM to permit the transfer of 200,695 square feet of development rights from the Seagram Building at 375 Park Avenue to 610 Lexington Avenue under Section 74-79 of the Zoning Text; and
• 080178ZSM asking for a special permit for text amendments to Section 74-79 of the Zoning Resolution as follows:
  •  
    • Modification to Section 81-27 for daylight compensation;
    • Modification to Section 23-861 for minimum distance between legally required windows and walls or lot lines;
    • Modification to Section 23-85 for minimum dimensions of inner courts;
    • Modification to Section 36-62 requiring off street loading berths for commercial buildings;
    • Modification to Section 37-50 for pedestrian circulation space

WHEREAS, The proposed text amendment would apply to new developments or enlargements utilizing development rights pursuant to Zoning Resolution 74-79 in C5-3, C6-6, C6-7 and C6-7T districts within the Special Midtown District (Third to Fifth Avenues East 39th to East 60th Streets, and other specified locations); and

WHEREAS, The applicant's original proposed use of the building when the Landmark Preservation Plan for the Seagram Building was presented to Community Board 5 in November 2005, and approved by the Board, was to be 14 stories of hotel space and 44 stories of condominiums and did not require a loading berth; and

WHEREAS, The applicant has changed the use of the building to be 47 stories of hotel space and 10 stories of condominiums making its use mainly commercial and necessitating a loading berth under the Zoning Resolution; and

WHEREAS, The applicant expects 12-16 deliveries per day to service the hotel; and

WHEREAS, 610 Lexington Avenue is on southwest corner of Lexington Avenue at East 53rd Street and both of these thoroughfares are extremely busy with high volumes of traffic; and

WHEREAS, The applicant is requesting a text change to Section 74-79 of the Zoning Resolution to waive the requirement of a loading dock at this location; and

WHEREAS, After the committee expressed concern about the lack of a loading berth in the building during the March 2008 meeting, the applicant requested an opportunity to find a solution; and

WHEREAS, The applicant did go back to the drawing board and proposed an on street solution which involved changing the existing parking regulations to create a Loading Zone at the curb in front of the hotel and to have deliveries occur in the evening after rush hour, a solution that will require enforcement by the NYPD and which has been shown to be ineffective in the past; and

WHEREAS, The design of the building does not include an off street loading berth, and there is no agreement for sharing of a loading berth and/or driveway with the adjacent Seagram Building, making it necessary for passenger and bulk loading, including hotel garbage, to take place on the sidewalk and street(s), and

WHEREAS, Community Board 5 remains concerned about the immediate and long-term impacts of the proposed text amendment to Section 74-79 of the Zoning Resolution for the Special Midtown District, the principle of amending the Zoning Resolution for one building and the precedent that would be set in the Special Midtown District for future applications with similar modifications; therefore be it

RESOLVED, That Community Board Five recommends denial of applications 080177ZRM and 080178ZSM as submitted by the Park Avenue Hotel Acquisition, LLC, due to concerns about text amendments to the Zoning Resolution and the lack of a loading berth at this highly congested location at 610 Lexington Avenue/375 Park Avenue.

The above resolution passed by a vote of 36 in favor, 0 opposed, 1 abstention.

WHEREAS, The applicant wishes to hold a World Falun Dafa Day celebration in Union Square Park on Sunday, May 11, 2008; and

WHEREAS, The organization held past events in three Manhattan parks including a similar celebration in Union Square Park in 2007; and

WHEREAS, The event is a performance of dance and singing; and

WHEREAS, Setup will begin at 09:00 and clean up will end at 6:00; and

WHEREAS, The physical makeup will include two tents and ten tables; and

WHEREAS, The stage will be located on the 14th Street curb side facing the George Washington statue; and

WHEREAS, There will be amplified sound limited to three hours; and

WHEREAS, Sound permits will be obtained from the NYPD; and

WHEREAS, There will be no selling or corporate advertising; and

WHEREAS, There will be informational fliers distributed but no “solicitation”; and

WHEREAS, 300 people are expected to participate; and

WHEREAS, There was no prediction on spectators, but the event was held before; and

WHEREAS; No one from the public spoke up against the event at the meeting; and

WHEREAS, Falun Dafa has agreed to clean up the area following the event; and

WHEREAS, The event is free to the public;

RESOLVED, That Community Board Five recommends approval of the application for Falun Dafa to hold a World Falun Dafa Day celebration in Union Square Park on Sunday, May 11th.

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

WHEREAS, The applicant, Lafayette 148, Inc. has applied for a permit to hold a service award event in Union Square Park on Thursday, May 22, 2008; and

WHEREAS, No one from the organization attended the meeting of the Parks committee held on April 3, 2008; 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 permit for Lafayette 148, Inc. to hold a service award event in Union Square Park on Thursday, May 22nd.

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

WHEREAS, The applicant Manhattan Short Film Fest has applied for a permit to hold a Film Festival in Union Square Park on Sunday, September 28, 2008; and

WHEREAS, No one from the organization attended the meeting of the Parks committee held on April 3, 2008; 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 permit for Manhattan Short Film Fest to hold a film festival in Union Square Park on Sunday, September 28th.

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