WHEREAS, The applicant wants to apply for a newsstand on the North East Corner of West 40th Street and 8th Avenue, and

WHEREAS, The proposed location was reviewed by Community Board Five at the April 08 full board meeting and was denied (30-5-1), and

WHEREAS, The situation of the proposed location has not changed, and

WHEREAS, The proposed location is across from Port Authority Bus Terminal, near a subway entrance, and a subway vent; and

WHEREAS, The pedestrian traffic is very congested around the proposed location; and

WHEREAS, The newsstand would negatively impact on pedestrian traffic, creating physical clutter at an intersection already congested, thus creating an unsafe condition; and

WHEREAS, DCA should discourage applications for locations already reviewed; therefore be it

RESOLVED, That Community Board Five recommends denial of the application # 1299916, for a newsstand at the NEC West 40th Street & 8th Avenue, and be it further

RESOLVED, Community Board Five is deeply concerned with the high number of application it reviews each year, and in order to streamline the process and help the applicants achieve their goal, Community Board Five demands that DCA request each applicant consult with the relevant Community Board and the relevant Business Improvement District on the appropriateness of the location prior to the applicant filing the application and paying the application fee, and be it further

RESOLVED, Community Board Five is urging DCA, DOT, and the Design Commission to work collaboratively with Community Boards and Business Improvement Districts to establish a master plan for the allocation of the remaining newsstands in New York City.

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant wants to install a newsstand at 620 8th Avenue, in front of the side entrance on West 41st street, on the south side of the street, and

WHEREAS, The applicant provided contradictory and very confusing information about the exact location of the newsstand, and

WHEREAS, The proposed location is in front of the new New York Times building, and across from Port Authority Bus Terminal, an extremely busy transportation hub that services over 200,000 transit riders daily.  Additionally, there are three newspaper/magazine businesses directly across the street in the Port Authority as well as two others just around the corner on 42nd Street, and

WHEREAS, The Times Square Alliance is opposed to the proposed newsstand, underscoring the extreme pedestrian congestion of proposed location, and

WHEREAS, The proposed newsstand would impede pedestrian traffic, and would have a direct impact on pedestrians safety, and

WHEREAS, DCA should discourage applications for locations already reviewed; therefore be it

RESOLVED, That Community Board Five recommends denial of the Application # 1297018, for a newsstand In Front Of 620 8th Avenue, and be it further

RESOLVED, Community Board Five is deeply concerned with the high number of application it reviews each year, and in order to streamline the process and help the applicants achieve their goal, Community Board Five demands that DCA request each applicant consult with the relevant Community Board and the relevant Business Improvement District on the appropriateness of the location prior to the applicant filing the application and paying the application fee, and be it further

RESOLVED, Community Board Five is urging DCA, DOT, and the Design Commission to work collaboratively with Community Boards and Business Improvement Districts to establish a master plan for the allocation of the remaining newsstands in New York City. 

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant wants to install a newsstand at the North West corner of Broadway and West 43rd Street, and

WHEREAS, The applicant provided contradictory and confusing information, with drawings not matching the pictures, and the address on the application, and

WHEREAS, The applicant notified the wrong building of its intent to install a newsstand, and

WHEREAS, The proposed location is one of the most congested areas in New York, with on any given day nearly 135,000 people walking on the sidewalk between 42nd and 43rd on 7th Avenue—which is only a few yards from the proposed location, and

WHEREAS, The Times Square Alliance is opposed to the proposed newsstand, underscoring the extreme pedestrian congestion of the bow-tie area of Times Square, and

WHEREAS, Community Board Five passed a moratorium on new street furniture on the bow-tie area of Time Square, and

WHEREAS, DCA should discourage applications for locations already reviewed; therefore be it

RESOLVED, that Community Board Five recommends denial of the application for a newsstand on the North West Corner of Broadway and West 43rd Street, and be it further

RESOLVED, Community Board 5 is deeply concerned with the high number of application it reviews each year, and in order to streamline the process and help the applicants achieve their goal, Community Board 5 demands that DCA request each applicant consult with the relevant Community Board and the relevant Business Improvement District on the appropriateness of the location prior to the applicant filing the application and paying the application fee, and be it further

RESOLVED, Community Board 5 is urging DCA, DOT, and the Design Commission to work collaboratively with Community Boards and Business Improvement Districts to establish a master plan for the allocation of the remaining newsstands in New York City.  

The above resolution passed by a vote of 30 in favor; 0 opposed; 1 abstaining.

WHEREAS, Susan Ciminelli Day Spa is requesting a BSA special permit, pursuant to ZR 73-36, to operate a physical Culture Establishment on the second floor, at 120 East 56th Street, and

WHEREAS, The applicant is a reputable spa, hair and beauty salon, with an operation in New York located within the prestigious department store Bergdorf Goodman, and

WHEREAS, The applicant wants to operate a spa, offering massages, nail treatments, hair treatments, waxing, hair removal, as well as skin care treatments, and

WHEREAS, The proposed location is 5500 square feet and will have the following hours of operation:

• Monday to Saturday, from 9am to 6pm, and Sunday, from 12pm to 5pm, and

WHEREAS, The applicant has operated the existing day spa with no complaints, therefore be it,

RESOLVED, That Community Board 5 recommends approval of the application for a BSA special permit for Susan Ciminelli Day Spa, at 120 East 56th Street.

WHEREAS, The School Construction Authority (SCA) has announced its intention to develop a new elementary school with approximately 560 seats on the first six floors of the building that currently houses the Foundling Hospital on the southeast corner of 6th Avenue and West 17th Street; and

WHEREAS, Community Board Five commends Community Board Two’s Social Services & Education Committee, the Public School Parent Advocacy Committee, the Rudin Family and New York State Assemblywoman Deborah Glick, without whose work this new school would not have come to fruition; and

WHEREAS, The proposed school includes dedicated facilities for special education, a child developmentally appropriate design and creative implementation of outdoor space; and

WHEREAS, Community Board Five currently has no elementary or middle school in our borders; and

WHEREAS, Community Board Five is  one of the four highest-growth neighborhoods and one of the four neighborhoods at highest risk for neighborhood-wide school overcrowding in Manhattan; therefore be it

RESOLVED, That Community Board Five supports and looks forward to the development of this new school and urges the Mayor and City Council to approve it when it comes before them for a vote and; and be it further

RESOLVED, That Community Board Five strongly urges that the Department of Education’s (DOE) commitment to lower class size (20 children per class in kindergarten through 3rd grade and 23 children per class for grades 4 and above) guide the SCA as it designs the new school and is honored once the school is operational.  

The above resolution passed with a vote of   28 in favor, 0 opposed, 1 abstaining.

WHEREAS,  2 East 52nd Street aka 651-653 Fifth Avenue (Morton and Nellie Plant House) now occupied by the retail store, Cartier, is an individually landmarked building, built in 1905 as a residence for the Plant Family in an era when Fifth Avenue housed the mansions of the Astors, Goulds, Belmonts and Vanderbilts; and

WHEREAS, The current owner, Cartier, has applied to install additional awnings at the upper floors of the East 52ns Street facade and to legalize three flagpoles on that same facade which were installed without Landmarks Preservation Commission approval; and

WHEREAS, The existing awnings on the building on the Fifth Avenue facade and above the first floor have been changed from an inconspicuous white color at the time of designation to a bright red color (apparently with LPC concurrence) and the building already has three flagpoles on the Fifth Avenue facade; and

WHEREAS, Each red awning and the illegal flagpoles with bright red flags now in place all have signage with the Cartier name which is deemed excessive; and

WHEREAS, The proposed awnings and illegal flagpoles give the building an unnecessarily commercial appearance and are considered a distraction from the classical architectural features of the building; and

WHEREAS, Community Board Five has a general policy of not approving illegally placed building elements such as illegally placed flagpoles; therefore, be it

RESOLVED, Community Board Five recommends that the Landmarks Preservation Commission deny the application to install awnings at the upper floors and to legalize the installation of three flagpoles, on the East 52nd Street facade without Landmarks Preservation Commission permits.

The above resolution passed by a vote of 24 in favor, 3 opposed, 1 abstaining.

WHEREAS, 5 West 20th Street is a five story store and loft style building located in the Ladies Mile Historic District; and

WHEREAS, Upon inspection of this site, it is believed the original late 19th – early 20th century architectural elements are mostly intact, with some need for restoration; and

WHEREAS, The second floor of the building façade originally was composed primarily of glass, containing three windows measuring approximately 8’-0” wide X 9’-0” tall, with wood and metal surrounds; and

WHEREAS, At some point in the 1950’s or 1960’s, prior to designation of the Ladies Mile Historic District, the second floor windows were cut-up and reframed to accommodate installation of air conditioners; and

WHEREAS, The applicant proposes to remove the existing windows, and to replace these with three new hopper style windows, in which the bottom sections will flip outward; and

WHEREAS, The proposed new windows will have anodized bronze surrounds; and

WHEREAS, We believe that these new windows would be reminiscent of the display case style very typically found in the Ladies Mole Historic District; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application to remove and replace the second floor windows at 5 West 20th Street.

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

WHEREAS, The applicant has applied to the Landmarks Preservation Commission to legalize the installation of windows at 11-13 West 18th Street without Landmarks Preservation Commission permits in response to a Warning Letter; and

WHEREAS, Community Board Five takes its role in the review of applications for Landmarks Preservation Commission permits seriously and requests an opportunity to review the application before a permit is granted; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Landmarks Committee meeting on November 4, 2008 to present the proposal for review; and

WHEREAS, Any questions that the Committee might have regarding the application could not be addressed; and

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

RESOLVED, Community Board Five recommends denial of the application to legalize the installation of windows at 11-13 West 18th Street.

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

WHEREAS, 46 West 22nd Street is a commercial office building located between Fifth Avenue and Avenue of the Americas in the Ladies' Mile Historic District; and

WHEREAS, The ground floor tenant of this building (Allegreti Restaurant) has submitted an application to the Landmarks Preservation Commission seeking permission 1) to approve a replacement awning already installed and 2) to remove existing non-historical windows and doors and to replace them with mahogany and brass framed all glass windows and doors at the ground floor level plus 3) to replace existing halogen down lights above the storefront with "upgraded" fixtures; and

WHEREAS, The replaced awning is a different color, but retains the same hardware and dimensions as the previous awning approved by LPC, and further, did not cause a Violation and was brought to the attention of LPC by the applicant in conjunction with the store infill application; and

WHEREAS, The applicant has submitted a design for the new storefront that includes contemporary style full ceiling to floor windows and doors and has failed to provide images of the proposed replacement lighting fixtures; therefore be it

RESOLVED, Community Board 5 recommends approval of the replacement awning since it appears to be similar to the LPC approved previous awning which was a different color but had the same hardware and dimensions, and be it further

RESOLVED, Community Board 5 recommends denial of the application for storefront infill since: 

• the proposed new storefront windows and doors appear to be too modern because they are all glass going to their base and do not include bulkheads below the windows similar to those in the adjacent storefront as well as those found elsewhere in the Historic District which would be deemed a more historically faithful facade design; and
• the applicant did not provide the Community Board 5 with images of the proposed new replacement lighting fixtures.

WHEREAS, 110 East 42nd Street, a/k/a 110-120 East 42nd Street and 107-115 East 41st  Street, (formerly the Bowery Savings Bank headquarters) has been an individual interior and exterior Landmark since September 21, 1993, built in 1921-23 with an addition built in 1931-33, designed in the Italian Romanesque style by the distinguished architectural firm, York & Sawyer; and

WHEREAS, The NYC Planning Commission subsequently incorporated this landmarked building into the Grand Central Zoning Subdistrict ("GCZS"); and

WHEREAS, The ownership of the entire building was transferred into a condominium splitting the property ownership into different segments, namely the office tower portion, the imposing banking hall and adjacent office space above it (all owned and occupied by the Cipriani interests and operated by them as a catering and event space) and the garage portion of the building entered on East 41st Street;

WHEREAS, The Applicant, the current owner (an entity controlled by S.L. Green) of the office tower  portion of the condominium has the exclusive right to use the unused development rights associated with the entire building; and

WHEREAS, Individually landmarked properties within GCZS (in addition to Grand Central Station for which the GCZS was originally created) are permitted to transfer their unused development rights to other locations within the GCZS provided they meet certain criteria; and

WHEREAS, The Applicant is seeking a Report from LPC allowing it to transfer up to 112,000 sq. ft. of unused development rights from 110 East 42nd Street to a receiving site, 317 Madison Avenue, both within the GCZ S pursuant to Sections 81-631 and 81-635 of the Zoning Resolution; and

WHEREAS, 317 Madison, the receiving site, is actually three separate adjacent buildings all also controlled by S.L. Green, constituting most of the block at the east side of Madison Avenue at East 42nd and East 43rd Streets; and

WHEREAS, 317 Madison still has many tenants and leases and is not ready for demolition and new construction at this time, the Applicant has not prepared designs for the receiving site; and

WHEREAS, Ongoing negotiations have been difficult with the Cipriani interests which must consent to and cooperate for certain restoration work as it affects the entrance and facade at their level of the condominium building, which is required by in order for LPC to issue its Report to the Department of City Planning to approve a Special Permit for the transfer under Section 81-635 of the Z.R.; and

WHEREAS, The Applicant believes that it has concluded a successful agreement with the Cipriani interests which may not be the case in the future if it waits to be closer to re-development of  317 Madison; and

WHEREAS, There are reported Violations relating to destruction of portions of the interior (reportedly removal of certain teller windows) of the Landmark caused by Cipriani, over which the Applicant had no control, but the Applicant is willing to take full responsibility to cure; and

WHEREAS, The Applicant is required to demonstrate that there is a harmonious relationship between the receiving site and the Landmark; and

WHEREAS, Since the receiving site is somewhat distant and any future building does not appear to be of sufficient size or bulk to constitute a disharmonious building since the 112,000 sq. ft. would add only six floors of equivalent bulk to a building of not more than 28 floors, but which may be greater depending on the massing to be determined by the design of the proposed new construction at 317 Madison Avenue; and

WHEREAS, The applicant will present the design of the proposed new building to Community Board 5 for review to determine whether it is harmonious with the contributing Landmark at 110 East 42nd street prior to coming to the Community Board 5 Land Use and Zoning Committee for consideration of the Special Permit required for the new Construction; and

WHEREAS, The Applicant is applying to LPC for a C of A to restore the exterior of the building by cleaning, pointing and repairing masonry; painting and weatherizing other elements of the facade; restoring storefronts and entrances to the building, including doors and adjacent side panels; lightening statuary bronze as set forth in the Restoration Plan prepared by applicant's consultants, Higgins & Quasbarth, a copy of which is attached hereto; and

WHEREAS, The Applicant is required to provide LPC with a Maintenance Plan to keep the building in first class condition, which will run with the ownership in perpetuity, for 110 East 42nd Street, which has not been written yet but is considered rather routine for this type of transfer; therefore be it 

RESOLVED, Community Board 5 recommends approval of the application for a C of A for facade restoration together with approval of a request for a Report pursuant to Z.R. Section 81-631 to permit transfer of up to 112,000 sq. ft. of unused development rights from 110 East 42nd Street to 317 Madison Avenue, including a representation that the Applicant will assume full financial responsibility to restore any damage or destruction in the interior of the Landmark space which may constitute a Violation.

WHEREAS, The applicant, Sun Parking Garage, is applying for renewal of a Special Permit pursuant to Section 11-411 for an existing attendant public parking garage with 254 spaces; and

WHEREAS, The applicant has operated a attendant public parking garage at 148 West 48 Street continuously since 1954; and

WHEREAS, The applicant was granted a 50 year Special Permit to operate this garage at this location in 1954 under the pre-1961 regulations; and

WHEREAS, The applicant hired a law firm to renew the special permit in 2004 but subsequently learned in 2007 that the application had not been filed and the renewal had not been obtained; and

WHEREAS, The applicant has since retained the services of Kramer Levin Naftalis & Frankel LLP to help obtain a renewal of the Special Permit for an attendant public parking garage; and

WHEREAS, The applicant will undertake a number of changes to the garage to help improve the flow of traffic in and out of the garage including:

• Reducing the number of lanes on the ground floor from 4 to 3;

• Re-orienting the entrance and exit lanes in an effort to improve traffic safety and preventing crossing maneuvers;

• Reducing the length of the curb cut by 7 feet to decrease interference with pedestrian use of the sidewalk;

• Installing a visual warning system near the garage's exit lane to enhance pedestrian safety; and

WHEREAS, Although the Community Board has frequently disapproved applications to legalize existing illegal uses, because the owner has operated the garage in this location for over 50 years and was unaware that previous counsel had not obtained the renewal of the Special Permit; therefore be it

RESOLVED, That Community Board Five recommends approval of renewal of a Special Permit pursuant to Section 11-411 for an existing attendant public parking garage at 148 West 48 Street.

WHEREAS, The applicant, 400 Park Avenue South LLC, was granted a Special Permit on December 14, 2004 pursuant to Section 74-721(a) for the purpose of constructing a new building on the zoning lot located at 400 Park Avenue South on the southwest corner of 28th Street; and

WHEREAS, The Special Permit was for four years and will be expiring on December 14, 2008; and

WHEREAS, The property currently houses a public parking lot and a vacant 8 story office building that would be demolished in order to construct the building; and

WHEREAS, The Special Permit that was approved in 2004 permitted the applicant to construct a building with (a) 8 foot side yards between the proposed development and adjacent buildings, (b) windows (not required for light and air) opening on the southern side yard above the height of the adjacent building, and (c) modification of the sky exposure plane, all of these changes dictated by the architecture of the proposed development; and

WHEREAS, The applicant has stated that the facts upon which the special permit was granted in 2004 have not substantially changed; and

WHEREAS, The applicant will be building rental apartments and originally planned to apply for 80/20 financing but is unable to obtain that type of financing at this time and will build market rate rental apartments instead; and

WHEREAS, The applicant will be rebuilding the subway entrance at 28th Street and Park Avenue South and will be working to ensure that all other southbound entrances to the station are open during the construction; and

WHEREAS, Community Board Five approved this application when it was before the board in September 2004 by a vote of 23 in favor, 1 opposed and 1 abstention; therefore be it

RESOLVED, That Community Board Five recommends approval of application of C04095ZSM for the renewal of a Special Permit pursuant to Section 11-43 for the purpose of constructing a new building on the zoning lot located at 400 Park Avenue South.

The above resolution passed by a vote of 29 in favor, 0 opposed, 1 abstaining.

WHEREAS, The applicant, W2005/Hines West Fifty-Third Realty, LLC, is seeking multiple actions in connection with a mixed use development at 53 West 53rd Street; and

WHEREAS, The applicant is proposing a 1,250 foot tall mixed use building of 786,562 square feet which is proposed to be used as follows:

• Museum of Modern Art usage of 68,087 square feet
• Hotel usage of 100,000-200,000 square feet
• Residential usage of 518,465-618,465 square feet; and

WHEREAS, The applicant has received approval from the Landmarks Preservation Commission to seek the transfer of development rights pursuant to:

• Zoning Resolution Sections 74-79 and 81-212 to allow transfer of development rights from the University Club;
• Zoning Resolution Sections 74-711 and 81-277 to allow transfer of development rights from St. Thomas Church; and

WHEREAS, With the approval to seek these transfers by the Landmarks Preservation Commission the project will now enter the ULURP phase; and

WHEREAS, The development has been found to have an impact on the surrounding environment thereby triggering the need for an Environment Impact Statement; and

WHEREAS, An Environmental Impact Statement addresses the following tasks where appropriate:

• Project Description
• Land Use, Zoning and Public Policy
• Socioeconomic Conditions
• Community Facilities and Services
• Open Space
• Shadows
• Historic Resources
• Urban Design/Visual Resources
• Neighborhood Character
• Hazardous Materials
• Infrastructure
• Solid Waste and Sanitation
• Energy
• Traffic and Parking
• Transit and Pedestrians
• Air Quality
• Noise
• Construction Impacts
• Public Health
• Alternatives
• Mitigation
• Unavoidable Adverse Impacts; and

WHEREAS, The Department of City Planning will be holding a public scoping meeting on November 18, 2008 where the public can provide comments on items that they would like to see included in the Environment Impact Statement; therefore be it

RESOLVED, That Community Board 5 recommends that the Environmental Impact Statement take the broadest examination of these items possible and recommends that the document examine the following:

• The impact of this development on an area of one mile radius rather than the required one quarter mile radius and for the purpose of traffic analysis from the East River to the Hudson River.  Given the size and scope of this project, a quarter mile radius is too small an area.
• The effect of this development coupled with all the other developments in the immediate area on Community Facilities and Services.  Many developments are smaller than the required triggers in the Environmental Impact Statement for Community Facilities but their cumulative impact is rarely examined.  Community Board 5 would urge that the following cumulative items be examined in the Environment Impact Statement
• The educational needs of the area, especially considering the new residential development that has occurred throughout Midtown.  The building of one or more new schools should be required if it is found to be necessary in the Environmental Impact Statement.  Community Board 5 has neither an elementary nor a middle school within its borders.
• The library needs of the area, especially considering that the Donnell Library has been temporarily closed and is being torn down to develop a new hotel leaving only a much smaller branch at this location.
• Public safety needs including ensuring there is adequate fire and police service for a 1,250 foot building.
• The impact of a 1,250 foot building on open space.  The Mayor's PlaNYC 2030 recommends 1.5 acres of open space for every 1,000 residents.  Community Board 5 has substantially less open space than this standard especially in the midtown area.
• The consequence of this building on noise in the area.  The 53rd Street side of this development will face mainly office buildings but the 54th Street side of the project faces almost exclusively residential buildings.  There are already severe noise problems due to the loading docks for the Museum of Modern Art and the addition of a 1,250 foot building with additional loading docks is going to exacerbate these issues.
• The effect of this building on the character of the neighborhood.  A building of this size will undoubtedly change the character and makeup of the surrounding blocks. 
• The impact of the shadow that the building will cast.  There is a great deal of concern that this building will cast a long shadow including one that could reach Central Park which is only five blocks north of this building.  A complete and thorough shadow study needs to be completed.
• The effect of the building on the safety of the neighborhood.  Concerns have been raised by the residents that a building destined to be one of the tallest in the city could become a high risk target.

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

WHEREAS, The Big Apple Classic is an annual basketball competition among major southern colleges held each year in Madison Square Garden that attracts upwards of 12,000 spectators, many of whom are African American men; and

WHEREAS, The American Cancer Society is a sponsor of the Big Apple Classic in order to raise awareness of the benefits of early cancer screening for African-American men, and will be a sponsor of as many as five other events affiliated with the Big Apple Classic; and

WHEREAS, The Big Apple Classic and the American Cancer Society have applied for a permit to hold a drum line competition in Duffy Square on Saturday, December 6, 2008, with set up beginning at 10:30 am, and tear down finishing at 5:00 pm; and

WHEREAS, A drum line competition is a tradition at many historically black colleges and consists of judged performances of precision marching and drum playing by teams of 10-15 people, which “serves to rally excitement and promote school spirit through showmanship and excellent musicianship”; and

WHEREAS, The event: (a) will be held on a platform to be constructed at the southern end of Father Duffy Square, (b) will be free to the public, (c) will not sell any material, (d) have signage limited to one banner about 10’ wide, and (e) might be televised by BET or MTV; and

WHEREAS, A fee of at least $18,000 will be made to the Parks Department, and, pursuant to Parks Department policy, the event will not make use of the red seating area other than for spectators, therefore, be it 

RESOLVED, That Community Board Five recommends approval of the application by Big Apple Classic to hold a drum line competition in Father Duffy Square on December 6, 2008. 

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

WHEREAS,  The J. Walter Thompson Agency, on behalf of DeBeers and the Forever Diamond Campaign, has applied to create an installation in Madison Square Park and hold an event over six days during the first week of December, 2008; and

WHEREAS, The main installation will be a metal and cable platform containing 60-100 cameras set up in a circle to provide a dynamic photo/video of participants under twinkling lights.  The participants will receive, for free and via e-mail a “Matrix” style rendition of themselves in the platform.  The DeBeers diamond symbol, made from mistletoe on a 5’ square frame, will be installed over the camera platform on a wire suspended from two metal columns; and

WHEREAS, The camera platform and a 10’ square kiosk will be located at the south end of Madison Square Park, on a graveled area, and will not interfere with normal pedestrian use of the Park; and

WHEREAS, The event will be open to the public, free of charge, from 2pm through 8pm, on December 2nd through 5th; construction and set up of the lighting will be performed on November 30th and December 1st, beginning no earlier than 8am; demolition will be complete by 10pm December 5th; and

WHEREAS, Signage will be limited to black DeBeers logos, each approximately 1’ x 2’, on the sides of the kiosk and two freestanding banners, each 5’ x 10’, to be located on either side of the camera platform; and

WHEREAS, No food or merchandise products will be sold during the event, but postcards and flyers may be given to the public; and

WHEREAS, The Madison Square Conservancy estimates that normal usage of the Park is about 30,000 people on a weekday, and the applicant estimates that this event will create traffic of an additional 2,000 people each day during the hours operation; and

WHEREAS, Although Community Board Five often prefers not to see purely commercial events take place in the public parks, we understand that this event may be cutting edge technology and an attractive entertainment, and we recognize that the applicant has worked closely with the Madison Square Park Conservancy and the Parks Department to minimize any interference with the normal usage of the Park; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by The J. Walter Thompson Agency, on behalf of DeBeers and the Forever Diamond Campaign, to create an installation in Madison Square Park and hold an event November 30th to December 5th, 2008.

The above resolution passed by a vote of 20 in favor; 7 opposed; 3 abstaining; 1 present not entitled to vote. 

WHEREAS, SCB Entertainment, LLC (Steven Ballinger) has notified Community Board Five (CB5) of a renewal request to the SLA for the on-premises liquor license for the premises at 251 West 30th Street; and

WHEREAS, SCB Entertainment failed to notify CB5 of their renewal in 2006 (as required by the ABC Law) and in January of 2007, CB5 wrote a letter (attached) to the SLA requesting revocation of SCB Entertainment, LLC's on-premises liquor license and also requested that a proscription be placed on the issuance of further liquor licenses at this location (251 West 30th Street) for reasons enumerated in the letter; and

WHEREAS, Information outlined in the January 2007 letter regarding the negative impact of this club on the residential community continues to be true as was brought to the attention of the Public Safety/Quality of Life Committee, at their November 2008 meeting, by residents in attendance and by way of emails; and

WHEREAS, The method of operation, as stated in the attached document i.e., "SUBMISSION TO COMMUNITY BOARD 5 BY SCB…" by Mr. Ballinger when he first applied for the transfer in 2004, continues to be in complete opposition to the actual operation of the premises; and

WHEREAS, In 2004, CB5 was also assured by Mr. Ballinger that the total number of occupants (390) on all three floors "would not be abused or changed," however in March of 2007 he requested and was granted a temporary CofO by the Buildings Department to increase the first floor from 77 to 427 (an increase of 350 people); and

WHEREAS, There have been police reports of altercations (gunshots, stabbings) involving patrons from the club on 30th Street; and

WHEREAS, The bait and switch tactics, poor operating record, poor character, and generally being a poor neighbor to those within the CB5 community, evidence SCB Entertainment, LLC's and Steven Ballinger's disregard for their commitments to the community and CB5 as stated in documents submitted to the Board; therefore be it

RESOLVED, That Community Board Five recommends denial of the renewal and requests revocation of the on-premises liquor license for SCB Entertainment, LLC, for the premises located at 251 West 30th Street, New York, NY. and be it further

RESOLVED, Community Board Five urges the SLA to proscribe the issuance of further liquor licenses at the location of 251 West 30th Street, NY, NY.

WHEREAS, The applicants, Judy & Manhattan, Inc., have notified CB5 of their intention to apply for an on-premises liquor license at 380 Fifth Avenue (35th/36th Streets); and

WHEREAS, The proposed operation of 2000 square feet and a total capacity of 60 was presented to the Public Safety/Quality of Life (PS/QL) Committee of CB5 as a "high-end Japanese restaurant" with a kitchen; and

WHEREAS, The floor plan shows that there is no kitchen, but rather a set up for a bar/lounge, with a sushi line overlaid on top of what was a bar floor plan (and an existing karaoke bar); and

WHEREAS, There will be no lunch service (the hours of operation are 5:00 p.m. – 3:00 a.m., seven days a week), and the lease specifically states that this space is to be used exclusively as a bar & lounge, with absolutely no cooking; and

WHEREAS, The applicant, who has no background or experience in the restaurant business, was not present at the committee meeting and was represented by a liquor license expediter who could not clarify the discrepancies the committee pointed out and questioned; and

WHEREAS, The information submitted on the PS/QL Committee's questionnaire and by the expediter was in conflict with and a misrepresentation of the information on the floor plan and in the lease; and

WHEREAS, The committee was unable to determine the true method of operation at the premises; therefore be it

RESOLVED, That Community Board Five recommends denial of the request for an on-premises liquor license for Judy & Manhattan, Inc., located at 380 Fifth Avenue, New York, NY, due to the misrepresentation of information regarding its method of operation and what is prohibited in the lease.

WHEREAS, 400 Fifth Avenue Realty, LLC, has received approval to develop the property located on the northwest corner of Fifth Avenue and 36th Street as a hotel and residential condominium; and

WHEREAS, The project already is under construction, with completion expected in the spring of 2010; and

WHEREAS, The project will consist of a luxury 59-story mixed-use building, comprised of 190 residential units, a hotel with 214 keys, and a restaurant; and

WHEREAS, The entrance to the residential tower will be on the north side of 36th Street between Fifth and Sixth Avenues; and

WHEREAS, Although the entrance to the hotel will be on Fifth Avenue, because there is a double bus lane in front of the hotel entrance and because by law the hotel is not permitted to have a loading/unloading zone on Fifth Avenue, the developer is requesting that a no-parking zone, reserved for loading and unloading guests who will be entering and exiting the hotel on a regular basis, be therefore located on the north side of West 36th Street between Fifth and Sixth Avenues; and

WHEREAS, This no-parking zone, because it will be in front of the residential entrance, will also be utilized to some extent by the residential tower's tenants; and

WHEREAS, While the official length of the no-parking zone will be 125 feet, its actual usable length will be only 97 feet, sufficient to accommodate up to four cars at one time; and

WHEREAS, This no-parking zone will be monitored by hotel personnel to ensure that it will be utilized only for loading and unloading passengers who are either hotel guests or tower tenants; and

WHEREAS, The no-parking zone will be replacing commercial parking operating from 6 a.m. to 7 p.m. weekdays in four-hour intervals; and

WHEREAS, The purpose of this no-parking zone is to mitigate vehicular congestion on this block that probably would be caused by double- and triple-parked cars in its absence due to the greater volume of traffic produced by the hotel and condominium tower; therefore be it

RESOLVED, That Community Board Five approves the request by 400 Fifth Avenue Realty for a parking regulation change to accommodate a hotel loading and unloading zone on the north side of West 35th Street between Fifth and Sixth Avenues.