Resolutions: June 2008

WHEREAS, The applicant is applying for new construction of an enclosed sidewalk café with 13 tables and 26 seats at 111 East 18 Street, and

WHEREAS, Community Board 5 previously approved the applicant for a larger sidewalk café, but due to unresolved issues with Con Edison, the applicant was forced to revise his plan to a smaller scale sidewalk café; therefore be it

RESOLVED, That Community Board Five recommends approval of an enclosed sidewalk café with 13 Tables and 26 Seats at Geisha NYC LLC d/b/a Japonais, 111 East 18 Street.

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

WHEREAS, The applicant wants to install a newsstand on 6th Avenue at the corner with West 54th Street; and

WHEREAS, The applicant failed to attend a regularly scheduled Consents and Variances meeting in June 2008; and

WHEREAS, The Consents & Variances Committee reviewed the location and felt it is was very congested with pedestrian traffic and as such an inappropriate site for a newsstand; therefore be it

RESOLVED, That Community Board Five recommends

denial of the application for a newsstand at the North West Corner of West 54th Street and 6th Avenue.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant 24-Hour Fitness USA is applying for a BSA special permit for a physical culture and SPA establishment, and

WHEREAS, The applicant’s premises are located at 225 5th Avenue, at the corner with 26th Street, and

WHEREAS, The applicant is a reputable fitness company with premises throughout the country, and

WHEREAS, The premises will be operated 24 hours per day and 7 days per week, and

WHEREAS, The applicant has taken appropriate measures to mitigate the noise from the stereo equipment, and

WHEREAS, The applicant has agreed with the Consents and Variances Committee to increase staffing during off hours from 11pm to 6am; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a BSA special permit for a Physical Culture establishment at 225 Fifth Avenue.

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

Avenue & West 34th Street

WHEREAS, The applicant, Macy’s department store wants to temporarily co-name 34th Street between Broadway and 7th Avenue “R.H. Macy Way,” in honor of its founder R.H. Macy; and

WHEREAS, R.H. Macy, the founder of Macy’s Department Store, contributed to revolutionizing retail in America by developing the concept of the modern

department store and is credited with bringing Santa Claus in store to New York as well as the first in-store dining with a soda fountain; and

WHEREAS, The street blade will be temporarily installed for 1 month, from October 15th to November 15th, 2008, marking the celebration of the 150th Anniversary of Macy’s department store; and

WHEREAS, The cost of installation and removal of the

blades will be borne by the applicant; and

WHEREAS, Community Board 5 is usually not in favor of street co-namings but due to the temporary nature of the application, it feels it is appropriate; therefore be it

RESOLVED, That Community Board 5 recommends approval of the application for the temporary co-naming of West 34th Street between Broadway and 7th Avenue, and be it furthermore

RESOLVED, That Community Board Five would not support an application for a permanent co-naming of West 34th Street between Broadway and 7th Avenue.

The above resolution passed by a vote of 26 in favor; 6 opposed; 5 abstentions.

Whereas, The applicant, SGI, is a non for profit organization located at 7 East 15th Street between Union Square West and 5th Avenue, and

WHEREAS, The applicant wants to organize a block party on Sunday September 7th 2008, and

WHEREAS, The applicant has agreed the following:

• set up no sooner than 9 am,
• Event start at 11am
• No use of amplified sound before 1pm, and for a maximum of two hours
• End of event at 4pm
• Clean-up to be completed and street reopened by 7pm

WHEREAS, The applicant will have 30 volunteers for sanitation and has agreed to bag the garbage during the event to avoid garbage receptacles overflow, and

WHEREAS, The applicant will receive assistance from the 13th Precinct to handle security, and

WHEREAS, The event will have 2000 expected visitors throughout the day, and

WHEREAS, The applicant recognizes that the building

located on 15th St. at the corner with 5th Avenue is a mixed use building and as such, the applicant will not locate any food vendor in front, nor its amplified sound equipment, and

WHEREAS, The event will have no more than 2 food vendors, and a variety of vendors but none of the generic "street fair vendors," and

WHEREAS, East 15th Street between Union Square West and 5th Avenue is not a main vehicular thoroughfare, and

WHEREAS, The Consents & Variances Committee recognizes the indigenous relationship between the applicant and the block, where it had its office for over 20 years; therefore be it

RESOLVED, That Community Board Five recommends approval of the block party for SGI-USA, on East 15th Street between Union Square West and 5th Avenue, on Sunday, September 7th 2008.

WHEREAS, 17 West 56 Street (between Fifth Avenue and Avenue of the Americas) is a limestone and brick Neo-Georgian townhouse, built in 1870 and designed by John G Prague, an architect who became one of the best known builders on the Upper West Side of Manhattan from 72nd to 89th Streets, and has many landmarked buildings to his credit; and

WHEREAS, During the 1890s, the neighborhood where this townhouse is located became a fashionable address for Manhattan’s banking elite and other wealthy families; and

WHEREAS, In 1903, the new owner, Mrs. John A. Logan commissioned Augustus N. Allen to remodel the façade in the Neo Georgian style and convert it to the newly popular “American basement” scheme with the entrance at street level, since residences accessed by a stairs to a stoop had become unfashionable; and

WHEREAS, Its richly ornamented facade includes a segmental-arched entry set in a rusticated limestone ground floor, a dignified Neo-Georgian brick facade above the ground floor with three attractive pedimented dormers gracing the peak roof; and

WHEREAS, Allen was known for designing grand estates in for New Yorkers in Manhattan, Long Island and New Jersey including the John Jermain Memorial Library for Mrs. Russell Sage built across the street from her summer house on Long Island in memory of her grandfather, which was presented as a gift to the people of Sag Harbor; and

WHEREAS, Allen also designed the extraordinary landmarked Campbell Apartment at Grand Central Terminal, originally designed as an office for Cornelius Vanderbilt in 1923; and

WHEREAS, By 1932, 17 West had become an ornate midtown café, called The Royal Box, that filled the entire building, flaunting prohibition laws, whose owner was a well known criminal and professional killer of the time named Owney Madden, also May West’s boyfriend and protector ("Sweet but oh so vicious" is how she described him years later. The café was raided when people were finishing lunch on New Year’s Eve and Federal Agents said it was the richest setting they had ever invaded); and

WHEREAS, In 1973 Takara Belmont, a company headquartered in Osaka, Japan, the current owner, bought it and it became offices and showrooms for the company which makes furniture and equipment for spas, beauty salons and barbershops; and

WHEREAS, This building was listed in the 1979 Midtown West Survey by the Landmarks Preservation Commission as among buildings worthy of landmark designation; and

WHEREAS, The West 54 -55 Street Block Association has researched this building and its architectural, historical and cultural significance and strongly recommends its designation as a landmark; therefore, be it

RESOLVED, Community Board Five recommends that the New York City Landmarks Preservation commission approves the designation of 17 West 56 Street as a Landmark.

The above resolution passed by a vote of 27 in favor; 0 opposed; 1 abstaining.

WHEREAS, 19-25 West 20th Street, located in the Ladies Mile Historic District, is a parcel containing 21-25 West 20th Street, a seven story brick 75' wide public parking garage built in 1926-27 and 19 West 20th Street. a 25' wide parking lot, flanked by sidewalls of the adjacent buildings that reveal the silhouette of a rowhouse that once stood on the site; and

WHEREAS, The applicant is seeking to develop the 25' parking lot as a 15 story residential building which would not be permitted under Section 23-692 of the Zoning Resolution since it would be a prohibited "sliver" building in a C 6-4A Zoning District; and

WHEREAS, By requesting approval from the Landmarks Preservation Commission to cantilever a three story extension of new construction above the existing parking garage, the applicant is making the argument that the building lot is really a 100' wide property, not 25' wide, and that Section 23-692 does not apply; and

WHEREAS, By using lightweight steel and glass construction materials the applicant intends to minimize the load on the existing garage structure for the new three story addition; and

WHEREAS, Since this steel and glass design dictates that the new 15 story building use similar materials for its design; and

WHEREAS, Residents and organizations in the Ladies Mile Historic District have strongly objected to this development based on:

• The circumvention of the sliver law by the developer by asking the Buildings Department to consider this as one building lot when historically there had been two separate parcels and, in so doing, getting an economic advantage over the 60' height if it were only the 25' lot under consideration
• The excessive height of the 15 story new building which is out of proportion to the adjacent buildings and the rest of the area
• The visibility of the rooftop addition to the existing parking garage from the street, especially with the use of disharmonious building materials
• The visibility of the recessed portion of the 15 story proposed building
• The use of a contemporary modern steel and glass design with no relationship to the existing historic architectural fabric of the area
•  The close proximity of residential units to the parking garage where the residential occupants will be confronted with noxious gasoline and exhaust fumes since the garage operation will continue for another 30 years according to the developer; and

WHEREAS, Although the applicant is proposing to repair and restore some elements of the existing parking garage, including a neon sign which had been removed, this is deemed to be insufficient justification to approve the application; therefore be it

RESOLVED, Community Board Five recommends denial of the application for restoration work to an existing public parking garage and a three story rooftop residential addition along with a new 15 story residential building at an adjacent open surface parking lot at 19-25 West 20 Street in the Ladies Mile Historic District.

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

WHEREAS, Flatiron 18, is a 20 story residential condominium building, designed by Richard Cook, newly constructed in 2007, located at 26-30 West 18th Street in the Ladies Mile Historic District; and

WHEREAS, In the event that work is proposed which would alter any building located within any landmarked historic district, the Landmarks Law, NY Administrative Code 25-305 and 25-310, requires that the Landmarks Preservation Commission approves all work and that a permit is issued in advance of the performance of the proposed work; and

WHEREAS, On March 10, 2008, the Landmarks Preservation Commission issued a warning letter to the owners of the building at 26-30 West 18th Street, advising that this property is in violation of the Landmarks Law, with respect to the installation of two (2) flagpoles and one (1) banner without permits; and

WHEREAS, Within 20 days of the warning letter the owners replied and had submitted an application to the Landmarks Preservation Commission seeking to have the illegally installed flagpoles and banner legalized; and

WHEREAS, The illegally installed flagpoles and banner are an advertisement for rental apartment available in Flatiron 18; and

WHEREAS, The illegally installed banner measures 4-0” Wide X 11’-6” High; and

WHEREAS, Residents of the area appeared before the Landmarks Committee of community Board Five to object to the flagpoles and banner; and

WHEREAS, Community Board has suggested that the applicant should remove the flagpoles and banner, and that they should apply to the Landmarks Preservation for permission before these are reinstalled; therefore be it

RESOLVED, That Community Board Five recommends denial of the illegally installed flagpoles and banner at 26-30 West 18th Street in the Ladies Mile Historic District.

The above resolution passed by a vote of 27 in favor; 0 opposed; 1 abstaining.

WHEREAS, 26 West 56 Street (between Fifth Avenue and Avenue of the Americas) is one of a group of five brownstone row houses built in 1871, designed in the "Neo-Grec" or Greek Revival style for its owner, George Da Cunha, an architect, by D. & J. Jardine; and

WHEREAS, David Jardine was born in 1830 in Scotland and came to NY at the age of 20, took his younger brother John into the business, and as D&J Jardine designed many buildings that have become landmarks; and

WHEREAS, George Hart was granted the deed to 26 West 56th Street in 1893; Hart was an original Director and President of the Central Crosstown Railroad Company, the president of the Second Avenue Railroad Company and the Christopher and 10th Street railroad all of which he managed until consolidating; he was also a director and trustee of several banks; and

WHEREAS, 26 West was originally accessed by a stoop and was recessed from its lot line, and by the first year of the 20th century the block became the townhouse residences of many prominent bankers who hired well-known architects to design them; and

WHEREAS, In 1907 the facade was altered by the well-known architect Harry Allan Jacobs to eliminate the front stoop and replace it with a street level entry and a limestone Beaux-Arts facade  which was the fashion of the time; and

WHEREAS, Jacobs, trained at the Ecole des Beaux-Arts in Paris, was engaged by Henry Seligman, the prominent banker who lived in #30 in what eventually became a landmark; and

WHEREAS, Jacobs was a specialist in residences for prominent New Yorkers like the Cuttings and Guggenheims; a writer and contributor to the NY Times real estate section; designed many buildings that have become landmarks including the Friars Club in Manhattan.  (In 1911, he proposed an additional avenue between 5th and 6th from 200-250 feet wide, starting at 42nd and going up to 59th Street to create a dignified thoroughfare and alleviate traffic in the same way it was done in Paris, with buildings on each side restricted to 7 stories. He was a winner of the Prix de Roma and a fellow of the American Academy of Rome); and

WHEREAS, Jacobs extended the building to the lot line and designed a simple but impressive Beaux-Arts style limestone façade with a dormered mansard roof, an elegantly carved wreath of leaves over a lion’s head in the recessed tympanum over the entrance, with the fourth and fifth floors set back to the line of the original house; and

WHEREAS, In 1908, Seligman granted the deed to E. Hayward Ferry with the stipulation that as long as Seligman resided at 30 West 56th, No. 26 could only be used as a single family residence; Ferry was a Harvard graduate who was a vice president of important banks and a philanthropist; and

WHEREAS, In the 1960s, the Eleanor Roosevelt Memorial Foundation and the American Film Institute were occupants in the building; and

WHEREAS, Alarcon Holdings bought it in 1988 and owns the current building's occupant, Spanish Broadcasting System, the #3 Spanish-language radio broadcaster in the US which reaches more than half the US Hispanic population; and

WHEREAS, The elegant Beaux-Arts-style limestone facade has not been changed since Harry Jacobs designed it in 1907; and 

WHEREAS, 26 West 56 Street was listed in the 1979 Midtown West Survey by the Landmarks Preservation Commission among the buildings worthy of landmark designation; and

WHEREAS, The West 54 -55 Street Block Association has researched this building and its architectural, historical and cultural significance and strongly recommends its designation as a landmark; therefore, be it

RESOLVED, Community Board Five recommends that the New York City Landmarks Preservation commission approves the designation of 26 West 56 Street as a Landmark.

The above resolution passed by a vote of 27 in favor; 0 opposed; 1 abstaining.

WHEREAS, 30 West 24 Street is located between 5th and 6th Avenue in a northern boundary of the Ladies Mile Historic District; and

WHEREAS, The applicant THAI 212 Inc. had proposed to install a large banner above the first-story, like many others on the opposite side of the street; and

WHEREAS, The applicant has had LPC staff approval for a new awning and agrees to make an exposed light fixture conduit compliant with LPC rules; and

WHEREAS, The applicant has agreed to install a bracket sign rather than a banner; and

WHEREAS, The bracket sign will conform to LPC rules including that it be no larger than 24"x36" and mounted at the first floor level; therefore be it

RESOLVED, That Community Board Five recommends approval of an application to install a bracket sign at the first story and to conceal electrical conduits from a previously installed lighting fixture at 30 West 24th Street in the Ladies Mile Historic District.

The above resolution passed by a vote of 27 in favor; 8 opposed; 1 abstaining.

WHEREAS, 232-246 Central Park South, aka 233-241 West 58th Street and 1792-1810 Broadway was constructed in 1939-40 by the architectural firm Mayer & Whittelsey, and designated as an individual landmark in 2002 (approximately); and

WHEREAS, A Master Plan for the restoration of the storefronts and windows in the building was approved by Community Board Five and the Landmarks Preservation Commission in 2005 and construction is mostly complete; and

WHEREAS, The Owner has applied for a Certificate of Appropriateness to (a) replace the existing, non-original, mesh roll-up security gates and fence covering the entrance to an original open-air, drive-in trash service area, and (b) restore an original garden; and

WHEREAS, The service entrance faces West 58th Street, has two drive-in loading bays for trucks (which are not currently being used by the Sanitation Department), other paved service spaces, and is secured from the street by a 12’ mesh fence in dilapidated condition; and

WHEREAS, Although the original building had only a pair of gates in front of the loading bays and no fence, the Owner has determined that security concerns require a 50’ fence along the entire service entrance; and

WHEREAS, The proposed fence and gates will be ten feet high, fabricated of stainless steel, and have a chevron design reflective of the original gate and the current balcony railings; and

WHEREAS, The original building had a planted area slightly raised from the street, which the owner proposes to restore; and

WHEREAS, The proposed fence and gates, although not a restoration of the original condition, is in keeping with the style and design of the original building, the garden is a restoration of an original condition, and both will greatly enhance the building and the street; therefore be it

RESOLVED, That Community Board Five recommends approval of the Certificate of Appropriateness for Central Park South Associates, the owner of 232-246 Central Park South, to replace security gates and fence and to restore a portion of the rear yard to a garden.

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

WHEREAS, The Plaza Hotel  768 5th Ave & 2 Central Park South is a designated individual Landmark built in 1905-1907 designed  by the architect, Henry Janeway Hardenbergh; and

WHEREAS, The applicant seeks to replace the non-original flooring (currently wood plank, originally linoleum) with a cork floor, with a large scale parquet-style pattern would closely resemble the original design, except in darker tones; and

WHEREAS, The staff of the LPC has indicated that the use of cork flooring as an alternative to replicating the original material which may be unavailable, is an acceptable alternative; and

WHEREAS, The applicant additionally seeks to replace existing, non-original wall sconce lighting fixtures on wood paneling (installed c.1945 renovation), with the same quantity of lighting fixtures, in two styles more suited to an earlier period; and

WHEREAS, These replacements will further restore and enhance the Oak Room; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a Certificate of Appropriateness for the Plaza Hotel, 768 Fifth Avenue, for Interior Restoration Work to permit the replacement of non-original Flooring & Light fixtures in the Oak Bar.

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

WHEREAS, In 1963 the Board of Standards and Appeals granted the College of St. Francis Xavier High School a bulk variance with respect to side and rear yard requirements and a special permit to modify height and setback requirements to allow for the demolition of a major portion of a four story school and monastery for the purposes of erecting a six story school and monastery at 24-40 West 16 Street, which was located in a C6-2 zoning district; and

WHEREAS, The College of St. Francis Xavier High School has stood on this site since the mid-1960s, is in a C6-2M district and is largely unchanged since its construction; and

WHEREAS, The applicant currently has a total of 121,822 square feet of undeveloped floor area on the site at 24-40 West 16th Street and requires approval from the Board of Standards and Appeals to transfer it to the adjoining location; and

WHEREAS, The school would demolish a brownstone located on the eastern edge of the 16th Street property and would use the remainder of the development rights to construct a new rectory for the New York Provence of the Society of Jesus; and

WHEREAS, The property at 31-35 West 15th Street would be developed into a middle 20 story hotel and condos and this project would be done as of right; and

WHEREAS,The applicant has stated it plans to use the proceeds from the sale of the development rights to create an endowment for the school; therefore be it

RESOLVED, That Community Board Five recommends approval of BSA # 1149-62 BZ to permit the merging of the zoning lots at 24-40 West 16th Street and 31-35 West 15th Street to permit the transfer of 121,822 square feet of undeveloped floor area.

The above resolution passed by a vote of 21 in favor, 9 opposed, 2 abstentions.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, The applicant, Christa Waydo, has applied for a permit to hold a post race event in Bryant Park on Saturday, October 25, 2008; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on June 2, 2008 to present their proposal for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore be it,

RESOLVED, That Community Board Five recommends denial of the application by Christa Waydo to hold a post race event in Bryant Park on October 25, 2008. 

The above resolution passedby a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, The applicant, Gwynn Galitzer, has applied for a permit to hold a performance art event in Union Square Park on Wednesday June 25, 2008; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on June 2, 2008 to present their proposal for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore be it,

RESOLVED, That Community Board Five recommends denial of the application by Gwynn Galitzer to hold a performance art event in Union Square Park on June 25, 2008. 

The above resolution passedby a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, The applicant, In His Presence Family Worship Center, has applied for a permit to hold a concert/health fair event in Madison Square Park on Saturday July 26, 2008; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on June 2, 2008 to present their proposal for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore be it,

RESOLVED, That Community Board Five recommends denial of the application by In His Presence Family Worship Center to hold a concert/health fair event in Madison Square Park on July 26, 2008. 

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, NYC Parks is proposing to install 4 ceramic sculptures of heads by the well-known Japanese artist Jun Kaneko in the malls (islands) between 52nd and 54th Streets; and 

WHEREAS, They will be on display June through October and will be removed before the holiday plantings; and

WHEREAS, They are 12' 3" tall with a 1' base, and will be installed at the ends of the malls; and

WHEREAS; Like sculpture of similar height that have been installed on the avenue, they will not obstruct drivers' vision; therefore be it,

 RESOLVED, That Community Board Five recommends approval of the proposal to install 4 ceramic sculptures of heads by the well-known Japanese artist Jun Kaneko in the malls (islands) between 52nd and 54th Streets from June 21 – November 15, 2008. 

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.