WHEREAS, The applicant, Church of St Francis Xavier wants to hold a health fair on 16th Street, between 5th & 6th Avenues, on Saturday, May 30th 2009, and

WHEREAS, The event would offer the general public access to screening and information on health issues with booths from healthcare organizations, offering amongst other services a blood drive and blood pressure screening; and

WHEREAS, The event does not serve as a fund raiser and there would be no generic vendors renting booths; and

WHEREAS, The hours would be as follows:

• Set up from 9am to 11am

• Fair from 11am to 3pm

• Breakdown and cleanup from 3pm to 5pm; and

WHEREAS, The expected attendance would be 1500 to 2000 people; and

WHEREAS, West 16th Street between 5th & 6th Avenues is a mainly residential block, and a sizeable number of residents attended the committee meeting to express their opposition to the event, raising concerns over the negative impact the event would have on vehicular traffic on a Greenmarket day in Union Square; and

WHEREAS, Community Board Five supports the nature of the event but not its location; therefore be it

RESOLVED, Community Board Five recommends denial the application for a new health fair on West 16th Street between 5th & 6th Avenues, on Saturday, May 30th, 2009 and furthermore urges SAPO to help the applicant's health fair be hosted under the umbrella of an existing multi block street fair in the vicinity of the church.

WHEREAS, The applicant, FIT, wants to hold a fall block party on West 27th Street between 7th & 8th Avenues, on Sunday, October 5th 2008; and

WHEREAS, The applicant has been hosting a spring block party for 18 years without complaints; and

WHEREAS, The proposed event would be exactly mimicked on the existing event:

• Set up start at 9am

• Event start at noon

• Breakdown and cleanup completed by 5:00pm

• Amplified sound system installed at the eastern side of the street; and

WHEREAS, Should the applicant reapply next year, the application will be denied if residents file complaints or express their opposition to the event; therefore be it

RESOLVED, That Community Board Five recommends approval of the block party on West 27th Street between 7th & 8th Avenues on Sunday October 5th 2008 and be it further

RESOLVED, That complaints from residents and neighbors would result in denial of the application in future years.

WHEREAS, The applicant seeks a permit to install and operate a newsstand on East 17th Street, between Broadway and Park Avenue South on the north side; and

WHEREAS, The area across from Union Square Park encounters heavy pedestrian flow at peak hours on Greenmarket days; and

WHEREAS, The Union Square Partnership opposes the application and stated in a letter to the board that the block registers between 12.000 and 19.000 pedestrians every day; and

WHEREAS, Community Board Five feels the proposed newsstand would negatively impact the pedestrian traffic flow, creating a dangerous condition by narrowing the sidewalk; therefore be it

RESOLVED, That Community Board Five recommends denial of the proposed newsstand on East 17th Street, on the north side between Broadway and Park Avenue South and furthermore urges DOT & DCA to work with Community Board to identify appropriate sites for newsstands within Community Board 5 boundaries.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on N/W/C of East 21st Street, between Broadway and Park Avenue South; and

WHEREAS, The proposed newsstand would be installed in front of the display window of the retail tenant, PoggenPohl, which invested to create a display window for their flagship showroom, where the proposed newsstand would block the view of the display window; and

WHEREAS, Although pedestrian traffic was not of concern at the time of the site visit, the proposed newsstand is not in keeping with the character of the neighborhood.  Although the site is not landmarked, it is sandwiched between the Ladies Mile Historic District and the Gramercy Historic District, and the proposed newsstand made of glass and metal is not harmonious with the architecture of the area; therefore be it

RESOLVED, That Community Board Five recommends denial of the proposed newsstand at N/W/C of East 21st Street, between Broadway and Park Avenue South and furthermore urges DOT & DCA to work with Community Board to identify appropriate sites for newsstands within Community Board 5 boundaries.

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

WHEREAS, The applicant seeks a permit to install and operate a newsstand on Park Avenue at East 34th Street; and

WHEREAS, The owner of the building in front of which the proposed newsstand would be installed expressed his opposition to the newsstand for the following reasons:

• The sidewalk is vaulted and its integrity would be compromised by the installation of a newsstand. (the building manager presented an engineer's report to substantiate his allegation);
• The proposed location is the garbage disposal area used by the building three times a week for collection by Department of Sanitation;
• The newsstand would sell candies and water in addition to newspapers, and would compete with the commercial tenant Duane Reade, and

WHEREAS, The 34th Street Partnership BID expressed its opposition to the proposed newsstand, echoing the concerns from the building owner, and added that there are already 21 newsstand within the BID district, and that the 34th St Partnership operates two modular newspaper units where The New York Post, The Wall Street Journal, Jewish Weekly, The Forward, The Daily News and Newsday can be purchased; therefore be it

RESOLVED, That Community Board Five recommends denial of the proposed newsstand at S/W/C of East 34th Street and Park Avenue, and furthermore urges DOT & DCA to work with Community Board to identify appropriate sites for newsstands within Community Board 5 boundaries.

WHEREAS, the applicant, Xavier High School located on West 16th Street between 5th & 6th Avenues want to host a block party on Friday, September 26th 2008; and

WHEREAS, the event will start with set up at 8.30am and will end at 2.30pm; and

WHEREAS, the event is exclusively for students of the school and is not open to the general public; and

WHEREAS, the event has been recurring for the past ten years; and

WHEREAS, the block is very largely residential and a sizeable number of residents attended the Consents & Variances committee meeting to voice their opposition to the block party, expressing their concern for vehicular traffic congestion, in conjunction with the Union Square Greenmarket, and expressing their frustration that the event is for students only and not opened to the general public, and thus making more stressful an ongoing difficult relationship with the school; and

WHEREAS, the applicant and concerned residents have agreed to start a dialogue to improve their relationship, and residents have agreed to the event with the understanding that lack thereof would result in denial of the event in future years; therefore be it

RESOLVED, That Community Board 5 recommends approval of the block party for Xavier High School, on Friday, September 26th 2008 and be it further

RESOLVED, That lack of improvement in the relationship between the school and local residents would result in a denial of the event in future

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

WHEREAS, The City Council and State Legislature have introduced legislation that would lower the minimum age of full community board membership to sixteen; and

WHEREAS, The legislation allows for but does not require a maximum of two people younger than eighteen per community board; and

WHEREAS, Having younger members on community boards will make community boards more genuinely representative, add a valuable perspective and foster civic engagement in the next generation of leaders; and

WHEREAS, Recent studies have shown that being politically active in high school leads to more involvement as an adult; and

WHEREAS,  Community Board Five feels that while teen community board members may face challenges such as carrying through on their commitment, juggling multiple activities, being intimidated about  participating in board debates and having to sometimes attend meetings that run late,  we also believe there are many teens capable of handling such challenges.  Furthermore, teen members would go through the same screening process as adults; therefore be it

RESOLVED, That Community Board Five supports the legislation lowering the age of community board membership to sixteen and suggests that applicants younger than eighteen supplement the two references already required with a letter from a teacher, guidance counselor, and/or parent attesting to their ability to fulfill their community board responsibilities.

The above resolution passed with a vote of   26 in favor, 5 opposed, 1 abstention.

WHEREAS, 2 Park Avenue (between East 32nd and East 33rd Streets), designed in 1927 by Ely Jacques Kahn, is a distinctive Art Deco Landmarked office building, especially noted for its angular terra cotta decoration at the upper floors; and

WHEREAS, The applicant is proposing a Master Plan for all of the storefronts continuing the cast iron designs already being used along the Park Avenue facade and wrapping around both the East 32nd and East 33rd Street sides of the building; and

WHEREAS, The proposed Master Plan compliments the original design of the building facade and will conform all of the bays on the side streets to those storefronts occupied by the current tenants, Chase and HSBC, and is deemed harmonious to the Art Deco period; therefore be it

RESOLVED, Community Board Five recommends approval of the proposed storefront Master Plan for 2 Park Avenue.

The above resolution passed by a vote of 31 in favor; 0 opposed; 0 abstaining; 0 present not entitled to vote.

WHEREAS, The owners of 17 West 32nd Street (La Quinta Hotel, formerly the Aberdeen Hotel) have applied for a proposed glass marquee at the entrance doorway of the building which is an individually Landmarked Beaux Arts building, in the neo baroque style, dating from the early 1900s; and

WHEREAS, The proposed glass marquee with signage for La Quinta on three of its sides, will identify the hotel solely for commercial purposes; and

WHEREAS, The proposed marquee and its design have no relationship to the elegant building facade and are deemed totally disharmonious; therefore be it

RESOLVED, Community Board Five recommends denial of the application for a proposed glass marquee at 17 West 32nd Street (La Quinta Hotel, formerly the Aberdeen Hotel).

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

WHEREAS, The office building known as 60 Madison Avenue at the corner of East 27th Street, is located in the Madison Square Park North Historic District; and

WHEREAS, Community Board Five recommended approval of an application to the NYC Landmarks Preservation Commission ("LPC") in April 2008 for certain storefront design modifications; and

WHEREAS, The applicant has been requested to submit a Master Plan to LPC covering restoration of all of the five bays constituting two storefronts at the ground level of the building, on Madison Avenue, wrapping around to East 27th Street; and

WHEREAS, Although Community Board Five is gravely chagrined that this application was approved by the Landmarks Preservation Commission before CB5 had an opportunity to make their recommendation, and

WHEREAS, The applicant proposes to include in its Master Plan:

• Historically appropriate painted window signage;
• Awnings, made of acrylic and canvas, extending out 4 1/2 feet, that may contain lettering on their valances, the materials and patterns conforming to the Secretary of the Interior standards for historic preservation;
• Mounted, framed signboards above each of the bays, all matching in size and style and lettering;
• Hidden LED down lights placed above each storefront transom for illumination of the windows;
• Tenants will be limited to select signage from only two of the three signage alternatives indicated above; and

WHEREAS, Community Board Five prefers that there be no lettering on the awnings;  therefore be it

RESOLVED, Community Board Five recommends approval of the application for a Master Plan for restoration of all of the storefronts at 60 Madison Avenue, with the exception of the proposed lettering on the awnings.

WHEREAS, 165 West 57th St. (CAMI Building) near Seventh Avenue, is an Italian mannerist Landmarked building with Tuscan overtones, complimenting Carnegie Hall, directly across West 57th Street; and

WHEREAS, The new owners, the University of Navarre in Barcelona, are changing the occupancy, they are applying to LPC for approval of the addition of two elements to the building:

• New entrance ramp and stair required for ADA compliance to make the building ADA accessible,
• New rooftop mechanical cooling tower (measuring 20 ft X 9 ft 6 in. X 15 ft) to be located at the rear of the roof, not visible from West 57th Street; and

WHEREAS, Although the entrance ramp, Dakota Mahogany Granite stairs and 3 ft high cast iron railing for the ramp (using the design of railings at the NY Public Library) are not esthetically well suited for the building, they are a practical solution for legal ADA compliance; and

WHEREAS, Although the mechanical cooling tower can be seen from a narrow alley way leading to West 58th Street as well as the upper floors of nearby buildings, it also is a practical solution for the need to modernize the building systems and its placement is at the least obtrusive location on the rooftop; therefore, be it

RESOLVED, Community Board Five recommends approval of the application for proposed alterations at 165 West 57th Street for a new entrance ramp and stair to make the building ADA accessible and for a rooftop cooling tower which will be added in the back of the building.

WHEREAS, The former New York Times Building (under new ownership) at 217-247 West 43rd Street, is an individually Landmarked office building, currently undergoing complete interior renovations with the new owner having the intention of keeping it as an office building; and

WHEREAS, The owners have applied to the LPC for approval to modify two elements of the exterior,

• Reinstall illuminated signage for a new, but as yet undetermined, tenant at the tower at the chateau-type top of the building, with the same height and style of lettering that once read "TIMES" on all four faces of the tower.  Said new signage would be 7' 7" high in a new frame on the face of each of the four sides, the configuration of the lettering or logo to be approved by LPC once a new tenant has been determined;
• Reinstall an 8 ft. round bronze analog clock at the third floor level of the West 43rd Street           facade, similar to a clock that had been there in the 1930's but had been replaced in 1963 by a modern digital clock which will be removed; and

WHEREAS, Both these changes are sympathetic to the original design of the building; therefore, be it

RESOLVED, Community Board Five recommends approval of the application to reinstall signage on the building's rooftop Tower and to replace the Clock at the 3rd Floor level of the facade.

WHEREAS, 230 Park Avenue (between East 45th and East 46th Streets), formerly known as the New York Central Building, built in 1929, then known as the New York General Building, now known as the Helmsley Building, is an individual Landmark, designed by Warren and Wetmore as part of the complex of buildings surrounding Grand Central Station, also designed by these same architects; and

WHEREAS, Certain interior portions of this building, namely public access areas, are also landmarked along with the exterior; and

WHEREAS, The owner is seeking to renovate portions of the lobby to conform to the needs of one of its prime tenants, ING, a financial services company, which requires additional lobby security and reception checkpoints; and

WHEREAS, The owner has applied to eliminate a newsstand in the lobby and substitute a concierge desk in its place; and

WHEREAS, The location has no full door and must be accessed by way of a low half door that must be crawled through to enter and exit the space; and

WHEREAS, The owner has located an unused, original bronze door elsewhere in the building and proposes to utilize this historic element, not currently visible to the public, and place the door discreetly in the rear of the concierge area for access purposes, and still retain the small half door which will no longer be used, but will be kept for historical purposes; and

WHEREAS, The owner has applied to place a small podium type desk at the 45th Street lobby side of the building as a security checkpoint for customers visiting ING; and

WHEREAS, The podium will be designed in materials matching those of an existing podium in the lobby; and

WHEREAS, Although Community Board Five is gravely chagrined that the application was approved by the Landmarks Preservation Commission before CB5 had an opportunity to make their recommendation and the LPC refused to hold the matter over despite CB 5's request; and

WHEREAS, The owner came before CB 5's Landmarks Committee, as a courtesy, after the approval, in order for CB 5 to be on the record even after the LPC Hearing; therefore, be it

RESOLVED, Community Board Five recommends approval of the application to install a door and desks in the lobby of 230 Park Avenue.

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

WHEREAS, The applicant, La Masseria Restaurant, is located on the ground floor of the Ritz Apartments at 235 West 48 Street and has operated at this location since March 2004; and

WHEREAS, The applicant has filed an application with the Department of City Planning to establish an outdoor café with 6 tables and 23 seats on the eastern entrance of Ritz Plaza; and

WHEREAS, Ritz Plaza is a Privately Owned Public Space has a section including a September 11th memorial which is not open 24 hours per day and an area outside the memorial which is open 24 hours a day, 7 days a week; and

WHEREAS, The applicant is proposing the following amenities in exchange for the café:

• Add 18 new seats including 6 traditional seats and 12 planter seats outside the gate which would be available to the public 24/7;

• Refurbish approximately 24 feet of existing seating also outside the gate and available 24/7;

• Provide new Privately Owned Public Space signage; and

WHEREAS, The applicant has worked extensively with the Department of City Planning on this application in order to come up with these amenities; and

WHEREAS, Community Board 5 would like to see the following items added to the plaza including:

• An increase of seats available to the public from 18 seats to 23 seats so the public receives the same number of seats as the café;

• Improved lighting to make the public seating attractive after dark and improve safety in the plaza;

• Enhanced signage to ensure that people are aware that Ritz Plaza is open to the public; therefore be it

RESOLVED, Community Board recommends approval of the application for a design change to the public plaza and installation of an open air cafe and encourages the applicant to provide the additional amenities requested by the board.

WHEREAS, A special permit was granted in 1986 by the City Planning Commission to facilitate the construction of a 52 story mixed use building and for the restoration of the landmarked Henri Bendel Store; and

WHEREAS, In 1987 the application was modified to convert the project above the fifth floor from hotel and residential use to office use; reduced the floor area and increased the ceiling height; and redesign certain storefronts along Fifth Avenue; and

WHEREAS, In 1988 a second modification was made impacting the Henri Bendel Store that:

• Required the lights to be maintained in good working order and replaced as needed so that Lalique Windows could be properly viewed;
• Established that the 56th Street entrance to the ground floor retail space was to be open to the public from 10 am to 6 pm Monday through Saturday excluding holidays;
• Required that public access to the Fifth Avenue Atrium be provided beyond the hours during which the Henri Bendel Store was open;
• Required an unobstructed viewing path on the second through fourth floors around the opening of the floor below be provided to ensure public viewing access to the Fifth Avenue Atrium and the Lalique Windows; and

WHEREAS, In 2004 a third modification was made replacing parts of the second modification that:

• Permitted an exhibit area and viewing locations for the Lalique Windows on the second through fourth floors of the Henri Bendel Store;
• Prohibited floor mounted retail displays or obstructions on the Fifth Avenue Atrium ground floor level exceeding a height of 11 feet 6 inches in the easterly 27 feet of the Atrium or a height of 5 feet 6 inches in the remaining parts of the Atrium;
• Required signage describing the exhibit area, the Lalique windows and the viewing opportunities within the Atrium to be posted on the exterior of 714 Fifth Avenue;
• Required informational material concerning the Lalique Windows to be posted next to windows on the second through fourth floors;
• Prohibited obstructions along the eastern side of the Atrium and required that a 36 inch wide clear and unobstructed path be provided along the southern, western and north sides of the Atrium;
• Eliminated the requirement that the Atrium be open for public access at times other than the regular operating hours of the ground floor retail stores; and

WHEREAS, The applicant, Henri Bendel/Limited Brands, currently operates a small café with 4 tables and eight chairs on the third floor separate and apart from the pathway; and

WHEREAS, The applicant is seeking to remove a restriction contained in the Third Modification with respect to viewing the pathway along the Lalique windows in order to add four 24 inch tables and 8 chairs; and

WHEREAS, The tables would be located on the third floor bridge on the Fifth Avenue Atrium's eastern side between the railing and the Lalique windows; therefore be it

RESOLVED, That Community Board Five recommends approval of application M8602000CZS to remove the restriction contained in the Third Modification with respect to viewing the pathway along the Lalique windows and permit the addition of four 24 inch tables and 8 chairs, in the pathway and apart from the other tables, for the cafe.

WHEREAS, The applicant, The Shoreham LLC, d/b/a Shoreham Hotel, has notified Community Board Five of its intent to apply to the NY State Liquor Authority for an alteration to their on-premises liquor license (sidewalk café), for the premises located at 33-39 West 55th Street, NYC; and

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

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

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

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

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

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

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

WHEREAS, Notification from this applicant was received at the board office on 7/31/08; and

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

WHEREAS, The applicant has not complied with this requirement and the PS/QL Committee and CB 5 have no information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the alteration to the on-premises liquor license for "The Shoreham LLC" d/b/a Shoreham Hotel for the premises located at 33-39 West 55th Street, NYC.

WHEREAS, The applicant, RLJ III-HGN Manhattan Lessee, LLC, aka The Hilton Garden Inn 35th Street, has notified Community Board Five of its intent to operate a hotel liquor license for the premises located at 63-67 West 35th Street (presently under construction); and

WHEREAS, This new hotel will be 31 stories with 298 rooms, a limited service hotel restaurant with a small waiting bar and a business center; and

WHEREAS, The hotel liquor license will permit the hotel to offer room service to patrons and to operate a small pub/bar restaurant on the premises primarily for its patrons and will serve sandwiches, salads, soups and appetizers from 5:00 p.m. – 11:00 p.m.; and

WHEREAS, This block has a large commercial presence with other bars, restaurants and budget hotels; and

WHEREAS, Hilton owns, manages or franchises a hotel portfolio of some of the best known and highly regarded brands, has been a leader in the industry for 85 years, and has a strong presence around the world with more than 3,000 hotels and 500,000 rooms in 74 countries; and

WHEREAS, No one at CB 5's Public Safety/Quality of Life Committee meeting held on September 3, 2008 spoke in opposition to this license; therefore be it

RESOLVED, That Community Board Five recommends approval of the hotel liquor license for RLJ III-HGN Manhattan Lessee, LLC, aka "The Hilton Garden Inn," for the premises at 63-67 West 35th Street (5th/6th), NYC.