Resolutions: December 2008

WHEREAS, The applicant, a joint venture between the Durst Organization and Bank of America, is applying for a revocable consent to install security bollards across the perimeter of the building located at 1 Bryant Park, on the west side of 42nd St & 6th Avenue to protect the building against high risk attacks, and

WHEREAS, The building, which will is known as the Bank of America building, is the 2nd highest building in New York City, has a unique and distinctive design, all these features making it an iconic building, and

WHEREAS, The building will be host to 10,000 employees, and

WHEREAS, The type of attack that the security bollards are meant to prevent would result in loss of lives and the building itself, and

WHEREAS, The bollards would be located 18 inches from the curb, around the perimeter of the building, and

WHEREAS, The bollards would be installed as per New York City mandate: 36 inches high, 10 inches steel tubes, spaced 4 feet apart, (size and spacing to follow the US Department of State Standards), and

WHEREAS, Contrary to our current guidelines, the applicant did not provide CB5 with a threat report by NYPD Counter Terrorism Unit, but provided a full presentation by their security consultant on the risks incurred by the building and answered any security questions to a satisfactory level, and

WHEREAS, In publicly available reports, Defense Department, the Federal Emergency Management Agency and the American Institute of Architects advise that attention-getting architectural symbols are prime targets, and should be protected, and

WHEREAS, The seriousness of the threat to the building outweighs the negative pedestrian traffic impact, therefore be it,

RESOLVED, That Community Board 5 recommends approval of the revocable consent for the installation of the security bollards at 1 Bryant Park, as proposed by applicant.

The above resolution passed by a vote of 15 in favor; 13 opposed; 2 abstaining; 1 present not entitled to vote.

WHEREAS, 12 West 27th Street is a commercial loft building in the Madison Square North Historic District; and

WHEREAS, The new tenant at the ground floor of the building, a restaurant, intends to replace the existing non-original storefront with a new storefront and provided Community Board 5 with detailed architectural drawings and details of the new design; and

WHEREAS, The new storefront design and materials are deemed harmonious with historical features of other buildings in the Historic District, including:

• Painted Metal framed clear glass windows
• Granite bulkheads below the windows to match existing granite trim
• Centrally placed entrance doors
• Louvers above the framed glass for intake and exhaust purposes (which can be removed and replaced with framed glass if the louvers become obsolete)
• No signage other than etched glass
• No external lighting fixtures (only illumination from within)
• No awning, flags or banner
• The building's service entry doorway will not be altered; therefore, be it

RESOLVED, Community Board 5 recommends approval of the application to replace the existing storefront at 12 West 27th Street.

WHEREAS, The New York City Landmarks Preservation Commission ("LPC") has received an application known as a "Request for Evaluation" for considering designation of a portion of the 65th Floor of 30 Rockefeller Plaza, known as the Rainbow Room, as an Interior Landmark; and

WHEREAS, The Rainbow Room is one of the most celebrated spaces in the world and remains a New York City icon to this day (similar to the Ballroom and the Oak Room of the Plaza Hotel and the Four Seasons Restaurant, which are all Interior Landmarks) with significance for its social and cultural importance as well as its architecture and decor; and

WHEREAS, Rockefeller Center is a Landmark which includes the following Interior Landmarks: the lobbies at 30 Rockefeller Plaza and the International Building and the interior of Radio City Music Hall; however, research by Community Board Five did not ascertain why the Rainbow Room was not considered for designation as an Interior Landmark by the LPC at the time of those approvals; and

WHEREAS, The Rainbow Room was designed by Associated Architects, a collaboration of three firms of renowned architects, Reinhard & Hofmeister; Corbett, Harrison & MacMurray; and Raymond Hood, Godley & Fouilhoux, with Raymond Hood as the lead architect; and

WHEREAS, The interior decoration is attributed to Elena Schmidt, a protege of Elsie de Wolfe and wife of the prominent New York architect Mott B. Schmidt with whom she sometimes worked, with assistance from Vincente Minnelli, a young designer at the time, who later became an important Hollywood film director; and

WHEREAS, The space, opened to the public as a glamorous nightclub on October 3, 1934, in the depths of the Depression, was a dramatic icon of the human spirit triumphing over adversity and the despair of the times and was named for the lighting effects produced by the RCA color organ, washing various hues over the 41 foot diameter domed ceiling at night; and

WHEREAS, The architecture and interior design constitute one of the City's most dramatic settings and its best known rooftop nightclub, with double height ceilings unencumbered by internal supports, a 32 foot diameter circular revolving dance floor at its open center, stepped sitting terraces with their original round crystal ballustrades, Czechoslovakian crystal chandeliers and 24 foot high floor to ceiling windows; and

WHEREAS, Although the organ has been removed (similar lighting effects are now computer generated) and other major renovations have occurred over the years, the Rainbow Room contains many of its original elements that are unchanged since its inception, such as the basic configuration of the room, the chandeliers, platform terraces and most of the ballustrades, the central dance floor (although the compass-rose inlay of maple and fumed oak surface has been replaced twice by members of the same family as the original installer) and the same window placements, which provide sweeping vistas over the City; and

WHEREAS, This unique interior has many of the features common to other NYC Interior Landmarks, including the location for famous events and its association with notable public figures and entertainers, becoming an integral part of American popular culture as the prototypical nightclub inspiring Hollywood producers and directors conceptually and actually appearing in numerous popular films; and

WHEREAS, The Rainbow Room has featured performances by scores of legendary Hollywood, Broadway, Swing Era and Jazz entertainers including Mary Martin (who made her debut here in 1939), Ella Fitzgerald, Sarah Vaughn, Noel Coward, Cole Porter, Edgar Bergen (and Charlie McCarthy), Louis Armstrong, Count Basie, Duke Ellington, Benny Goodman, Dave Brubeck and Cab Calloway, inspiring numerous musical recordings given the attribution of "Live at the Rainbow Room"; and

WHEREAS, It has hosted numerous charitable events, political gatherings, awards ceremonies, fashion shows, weddings and other celebrations; and 

WHEREAS, During the day the room functions as the Rockefeller Center Luncheon Club, said to be New York's oldest luncheon club in continuous operation; and 

WHEREAS, Support for designation has been indicated by New York Landmarks Conservancy, the Municipal Art Society, the Historic Districts Council, the Greenwich Village Society for Historic Preservation, and the New York Hotel and Motel Trades Council as well as prominent individuals such as Richard Parsons, Chairman of Time Warner; and

WHEREAS, Since 1998 management has been taken over by Cipriani USA and it is now used primarily as a catering and event facility, but continues to have general public access for Sunday Brunch and certain designated Friday nights each month and according to some estimates over 10 million people have visited the Rainbow Room over its 74 year history; and

WHEREAS, The owner of Rockefeller Center, Tishman Speyer, has been invited to comment to Community Board Five, but has written to CB 5 that it is waiting to hear from LPC staff and they are "continuing to study the issue as well"; and

WHEREAS, The Rainbow Room is deemed to have significant cultural and architectural importance; therefore, be it

RESOLVED, Community Board 5 recommends approval of that portion of the 65th Floor of 30 Rockefeller Plaza, known as the Rainbow Room, for designation as an Interior Landmark.

The above resolution passed by a vote of 22 in favor, 4 opposed, 4 abstaining, 1 present not entitled to vote.

WHEREAS, 652 Lexington Avenue (Central Synagogue) is an individually Landmarked (designated in 1966) building, designed by Henry Fernbach who is considered America's first prominent Jewish architect, built in 1872; and

WHEREAS, This is the oldest building in continuous use as a synagogue in New York; and

WHEREAS, The building is noted for its distinctive American 19th Century Moorish style architecture including its star-studded bronze cupolas; and

WHEREAS, On August 20, 1998 the synagogue sustained a devastating fire which nearly destroyed the entire building and after three years the building was fully restored at a substantial cost to its members and continues in use to the present time; and

WHEREAS, The existing HVAC system for the synagogue is located on the roof of 123 East 55th Street, which is the Community House for the synagogue, and must be piped under East 55th Street to reach the synagogue building which is across the street; and 

WHEREAS, This system is deemed inadequate and obsolete for cooling purposes, especially during the High Holidays when the congregants number 1,200 in the main sanctuary and another 600 in the basement atrium area; and

WHEREAS, Various other possible solutions have been explored including new mechanical equipment to be placed either on the roof of the synagogue or above the Community House or geothermal energy sourced from below ground, all of which are considered impractical or less desirable alternatives; and

WHEREAS, The proposed installation of new HVAC equipment in the narrow side yard to the south of the synagogue in an alley way owned by the synagogue, to be placed in a 9 foot steel frame above the one-story glass covered atrium, will provide the 200 tons of cooling capacity required by the synagogue; and

WHEREAS, The new equipment is required for the protection of the historic organ, the preservation of interior building finishes and the comfort of elderly congregants; and

WHEREAS, A mockup has been placed at the location of the equipment and indicates that it will only be visible only from a vantage point of 18 feet of sidewalk on the easterly side of Lexington Avenue and not visible at all from the westerly sidewalk in front of the brick entrance to the side yard; and

WHEREAS, The synagogue has selected equipment that has very low noise levels and minimal size to keep it as  little intrusive as possible for services and for its adjacent neighbors in the apartment building to the south, and 

WHEREAS, Storm windows will be placed outside the stained glass windows of the sanctuary to further limit any sound emission from the equipment; and

WHEREAS, Lights will be placed on the underside of the steel frame to illuminate the glass covered atrium during daylight hours; and

WHEREAS, The surface of the exterior of the metal covering the equipment facing the street will be in a horizontal seam pattern to keep it as inconspicuous as possible; therefore, be it

RESOLVED, Community Board 5 recommends approval for a Certificate of Appropriateness for the installation of HVAC equipment in the side yard of 652 Lexington Avenue (Central Synagogue).

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

WHEREAS, The Department of City Planning has proposed a Zoning text amendment which will require indoor, secure, long-term bicycle parking in new, converted and substantially renovated multi-family residential, community facility, parking garages and commercial buildings; and

WHEREAS, Transportation, congestion and health issues are major quality of life issues facing New Yorkers; and

WHEREAS, The NYC population continues to grow and the City is expected to have over nine million residents in the coming decades without substantial new transportation infrastructure; and

WHEREAS, The City must look to solutions that will more effectively and efficiently use its resources while minimizing carbon emissions and other adverse effects on the environment; and

WHEREAS, Using bicycles for transportation needs have minimal adverse impacts, could help alleviate congestion, improve air quality, reduce carbon emissions as well as have health benefits for cyclists; and

WHEREAS, In recent years, the City become engaged in many different programs to increase bicycle riding and bicycle riding in Manhattan has more than doubled since 2000 and is expected to continue to grow rapidly; and

WHEREAS, Surveys show that the lack of secure bicycle storage facilities at worksites and residents are leading factors in preventing people from cycling to work; and

WHEREAS, The proposed text amendments would generally provide for:

• One bicycle parking space for every two new or converted residential units in buildings having more than 10 units;
• One bicycle parking space for 7,500 square feet of commercial office space and one          space per 10,000 square feet of retail and other commercial spaces;
• One bicycle parking space for each ten car parking spaces in public parking garages; and

WHEREAS, The Board is concerned that the text does not provide for specific accessibility requirements in commercial buildings which would ensure that bicycle parking is relatively effortless or findings by the Department of Buildings which would ensure that bicycle parking is easily accessible in commercial buildings; and

WHEREAS, The Board believes that the new bicycle parking requirements should also apply to public parking garages which seek to renew a Special Permit or Board of Standards and Appeals variances; therefore be it

RESOLVED, That the Board supports the new text amendments but believes they could be improved by requiring mixed use buildings to provide the requisite number of bicycle parking spaces for each of the uses in the new development, apply to public parking garages seeking to renew Special Permits or BSA variances and that the amendments include specific accessibility requirements for commercial buildings which ensures that bicycle parking is easily accessible and practical for cyclists.

WHEREAS, 11 East 20th Street is a three story building with a rooftop extension on the second floor operated by the applicant, Wichcraft Operating LLC, as a sandwich shop; and

WHEREAS, the Department of Buildings has approved the use of the rooftop extension as a dining area containing seven (7) tables and fourteen (14) seats and the Applicant currently uses the rooftop for such purpose; and

WHEREAS, Applicant has an existing license to serve wine and beer on the premises, not including the rooftop extension; and

WHEREAS, Applicant has notified Community Board Five of its intent to apply for an alteration to its existing wine and beer license to include the outdoor dining area; and

WHEREAS, adjacent to the premises is a mixed use condominium with residential units beginning on the fourth story above the rooftop dining area; and

WHEREAS, although the rooftop dining area has been in use for several months and no complaints have been received regarding same, the residents and management of the condominium have met with Community Board Five to express concerns about the future use of the rooftop for dining.  The residents have enumerated a short list of concerns which the applicant has agreed to address by restricting its method of operation in the manner set forth in the Affidavit attached hereto; and

WHEREAS, The Applicant has agreed to use umbrellas or a canopy on the rooftop to prevent any noise from rooftop diners from unreasonably disturbing the neighboring residents and to investigate additional means of sound dampening if necessary; and

WHEREAS, The applicant offered to met with neighbors and/or CB5 if requested and also agreed to return to CB5's Public Safety/Quality of Life Committee meeting in July of 2009 to address any complaints from the community; and

WHEREAS, The applicant has agreed to adhere to all of the above in the form of a signed affidavit and to incorporate these conditions into the alteration application of the existing wine and beer license's method of operation and will submit to CB5 a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends denial of the alteration to the existing wine and beer license at 11 East 20th Street for Wichcraft Operating LLC, unless the above and attached conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

WHEREAS, From Madison Avenue to Lexington Avenue between 23rd Street and 33rd Street, there currently is a significant amount of side street parking available for commercial vehicles and many, if not most, buildings on Park Avenue South have freight entrances on these side streets; and

WHEREAS, There is an increasing number of destination retailers and restaurants on or just off Park Avenue South between 23rd Street and 33rd Street; and

WHEREAS, There are only a limited number of garages from Madison Avenue to Lexington Avenue between 23rd Street and 33rd Street; and

WHEREAS, There currently is no metered parking for non-commercial vehicles on Park Avenue South from 23rd Street to 33rd Street; therefore be it

RESOLVED, Community Board Five recommends that the Department of Transportation evaluate current commercial vs. non-commercial parking regulations on Park Avenue South from 23rd Street to 33rd Street to determine the feasibility and practicality of 2-hour metered parking for non-commercial vehicles in this area. 

WHEREAS, Turning restrictions on Park Avenue South between 23rd Street and 33rd Street have been observed to create confusion and congestion:

• Vehicles heading north on Park Avenue South can make a left turn only at 27th Street and 35th Street to access the retailers and restaurants in this area, as left turns are not permitted at 23rd Street, 25th Street, 29th Street, 31st Street, 33rd Street and 34th Street;
• There are barriers on Park Avenue South preventing pass-through on 33rd Street heading west, just below the northbound entrance to the Park Avenue Tunnel at its south end;
• There are no barriers to prevent pass-through on 40th Street, just above the southbound entrance to the Park Avenue Tunnel at its north end; and

WHEREAS, There is an increasing need for non-commercial vehicles to have accessibility to the growing number of retailers and restaurants in this vicinity; therefore be it

RESOLVED, Community Board Five recommends that the Department of Transportation evaluate whether the lack of left turn options on the northbound route of Park Avenue South is causing vehicular congestion and determine the appropriateness and practicality of providing additional left turns - specifically at 25th Street, 29th Street and 31st Street - while paying particular attention to the issue of pedestrian safety in considering any increase in the number of left turn options.