Resolutions: January 2007

WHEREAS, The West 100th Street Playground, located within Central Park adjacent to Central Park West was first opened in 1936, and was later reconstructed in 1972 as a Discovery Play Park; and

WHEREAS, The existing playground is considered to be underused due to its deteriorating conditions, missing and outdated elements and poor visibility and access from the Park and from Central Park West; and

WHEREAS, The efforts in this proposal are intended to build on the strengths of the adventure-style playground while responding to contemporary concerns and expectations of safety and accessibility standards; and

WHEREAS, The proposed scope of work within the playground includes:

• Rebuilding the adventure-style play structures such as the pyramid and tree houses

• Installation of freestanding play equipment

• Addition of toddler amenities such as swings, climber, and sandbox

• Renovation of separate water features for toddlers and for school-age children; and

WHEREAS, The proposed playground site work includes:

• Replacement of the existing fence with a lower one, making the playground more visible

• Relocation of the playground entry closer to West 100th Street

• Installation of new storm drainage and water service utilities

• Installation of a water fountain and benches; and

WHEREAS, The proposed work on the adjacent landscaping includes:

• Reconstruction of park paths

• Replacement of storm drainage

• Installation of a new irrigation system

• Installation of park security lighting and benches

• Restoration of lawn areas

• Establishment of new landscape plantings; and

WHEREAS; Although Community Board Five believes that the proposed reconstruction work is favorable,therefore be it

RESOLVED, That Community Board Five recommends approval of the Central Park Conservancy's proposal for the reconstruction of the West 100th Street Playground and adjacent landscape in Central Park.

WHEREAS, The Central Park Conservancy has proposed specific alterations and restoration of the east side landscape from the East Meadow to the Harlem Meer in Central Park; and

WHEREAS, Community Board Five has previously approved the overall renovation plan in 2002 calling for a three year phased renovation, scheduled to commence in Summer 2007 and the Board would urge the Parks Department to expedite construction; and

WHEREAS, In view of the passage of considerable time, the Central Park Conservancy seeks re-approval of the next stage of this renovation prior to resubmitting their plans to the Art Commission, whose original grant of approval has expired; and

WHEREAS, This proposal has two primary goals:

• Restoration of the balance of the parkland between the 96th Street transverse and the Meer, to realize the scenic potential of this area's rolling landscapes and variety of mature trees, through work including the rebuilding of paths and utility infrastructures and the replacement of site amenities, turf restoration, landscape plantings to provide visual interest along pedestrian routes, and the selective pruning of shrubs and ground cover to expose obscured rock out-croppings, and

• Streamlining of the existing path system, with an emphasis on historically and currently relevant paths, so as to improve pedestrian flow, remove the existing tangle of redundant and truncated paths that dead-end and circle upon themselves in the landscape south and west of the Mount and the Conservatory Garden, and to achieve the Olmsteadian ideal of a continuous and seamless park experience by removing the existing east/west path allowing for the reconnection of other north/south paths; and

WHEREAS, The budget for this project is projected at roughly $6 million, to be funded approximately 50% by the City and 50% by the Conservancy; and

WHEREAS, Community Board Five was impressed with and appreciates the effort put forth by the Conservancy to work with the various constituencies that utilize this part of Central Park; therefore be it

RESOLVED, That Community Board Five recommends approval of the application concerning the restoration of the east side landscapes from the East Meadow to the Harlem Meer in Central Park.

WHEREAS, Community Board Five has expressed on going concern with the size, scope and frequency of several commercial events conducted by the Madison Square Park Conservancy ("Conservancy") over the past year; and

WHEREAS,  In an effort to address these concerns the Conservancy has agreed with the Community Board Five Parks Committee to provide a comprehensive list of Conservancy sponsored events in the beginning of January of each year; and

WHEREAS, The Conservancy has submitted event plans with generally the same genre of events, same frequency and form as 2006, with one notable exception to be addressed below; and

WHEREAS, The Conservancy uses best efforts to work with the local community, Community Board and other concerned stake holder to address issues which arise during the programs presented throughout the year; therefore be it

RESOLVED, That Community Board Five recommends approval of the 2007 Public Program Agenda submitted by the Conservancy with the following exceptions, caveats and requests:

• Specific plans for the Big Apple Barbeque and the US Open, events which have grown in size and scope over time, will be submitted well in advance to Community Board Five for approval on an individual and ongoing basis.

• A new event, Madison Square Studio, with two performances is not approved at this time because it is an additional commercial event with all of the associated pitfalls in a park where we believe there is an over-saturation of commercial activity.  However, the Conservancy heard the concerns of the Parks Committee regarding this additional event and may return to the Board for approval during the year should they choose to address the concerns discussed.

• The Conservancy works closely with the New York City Department of Parks and Recreation to communicate any changes or additions to these events, or any other events which Parks conducts in the Madison Square Park, to Community Board Five on a timely basis so that the Board has the opportunity to comment on the changes or additions.

• The Conservancy continues to be mindful of Community Board Five's concern with the over-commercialization of Madison Square Park and cooperate, to the extent possible, to support the Board's efforts to balance park use between commercial and non-commercial use.

WHEREAS, Evantage Event Production has applied for a special events permit to produce a temporary art installation in a tent in Union Square Park on the south plaza; and

WHEREAS, The proposed event is a commercial promotional event marketing Aveeno Lotions which would occupy the south plaza for a total of five days from January 21-25, 2007; and

WHEREAS, Community Board Five has is already on record expressing its concern regarding increases in congestion and commercial activity in its parks; and

WHEREAS, The event is clearly one with a commercial purpose; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Evantage Event Production to produce a promotional art installation on the south plaza of Union Square Park from January 21-25, 2007.

The above resolution passed with a vote of 31 in favor, 5 opposed, 1 abstention.  

WHEREAS, New York City Department of Parks and Recreation is applying for a permit to install a bronze sculpture; and

WHEREAS, The sculpture is by the well-known British artist Barry Flanagan; and

WHEREAS, Its location on the small triangle off of the south east side of the park will not interfere with pedestrian or vehicular traffic; and

WHEREAS, The artist's gallery will pay for installation, removal and any needed repairs, and the sculpture will be on display from February through May 2007; and

WHEREAS, There will be a standard Parks sign with no reference to the gallery; therefore be it

RESOLVED, That Community Board Five recommends approval of the proposal for temporary installation of the Barry Flanagan sculpture at Union Square.

The above resolution passed with a vote of 29 in favor, 5 opposed, 1 abstention.  

WHEREAS, Community Board Five takes its role in the review of applications for parks events seriously; and

WHEREAS, Courtney Ryder failed to attend Community Board Five’s Parks Committee meeting on Thursday, January 4, 2007, to present the proposals for a product launch in Union Square Park; and

WHEREAS, Community Board Five cannot support any application until it has had an opportunity to review such application; therefore be it

RESOLVED, that Community Board Five recommends denial of the above referenced application until the Board has an opportunity to review the application.

Thea above resolution passed with a vote of 34 in favor, 0 opposed, 1 abstention.  

WHEREAS, New York City Department of Parks and Recreation has issued an RFP for the Operation of Specialty Pet Treat Carts in Central Park, Madison Square Park, Tompkins Square Park, Union Square Park and Washington Square Park; and

WHEREAS, The parks identified in the RFP are already congested; and

WHEREAS, This will invite another commercial venture into our parks; therefore be it

RESOLVED, Community Board Five is opposed to locating specialty pet treat carts in our parks; and be if further

RESOLVED, If the City decides to move forward with this RFP in spite of Community Board Five opposition, the Board requests the following:

• A limit of one cart per park, located adjacent to the dog run.

• Only pet treats may be sold.

• There is an effort to ensure pet treats will be affordable.

There will be aggressive enforcement of illegal vendors in the park.

WHEREAS, Union Square Hospitality Group has applied for:

• A special events permit for the use of Madison Square Park for a Big Apple Barbeque on Saturday, June 9th and Sunday, June 10th ; and

• A Street Activity permit for Saturday, June 9th and Sunday, June 10th on Madison Avenue, between East 23rd and East 26th Streets, and

WHEREAS, The applicant remains aware of the continuing concerns of the residential community about noise, litter, property damage, and security as they relate to the use of Madison Square Park for large-scale special events; and

WHEREAS, Community Board Five is aware of the problems caused by the unparalleled number of additional events of street activities in the Madison Square area and these problems multiply when major thoroughfare is closed; and

WHEREAS, The applicant's event has far outgrown the Madison Square Park area's capacity, therefore Community Board Five would like to see this event be directed to a more suitable and less often used location; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Union Square Hospitality Group a Street Activity and Parks Special Event permit and urges the city to work with the applicant to find an alternative location for the applicant's event.

WHEREAS, Diversity Foundation has submitted an application for a permit to hold an event on Madison Avenue, between 23rd and 26th Streets on Sunday, September 16, 2007; and

WHEREAS, Community Board Five is oversaturated with street events and has major concerns about vehicular and pedestrian traffic when a major thoroughfare is closed; and

WHEREAS, Community Board Five would like to see new applicants directed to more suitable and less used locations; therefore be it

RESOLVED, That Community Board Five recommends denial of the application Diversity Foundation for a street festival permit on Madison Avenue, between 23rd to 26th Streets on Sunday, September 16, 2007.

The above resolution passed with a vote of 26 in favor, 7 opposed, 2 abstentions.   

WHEREAS, The 47th Street Business Improvement District (BID) has filed an application to hold a block party on Sunday, May 20, 2007, on 47th Street, between 5th and 6th Avenues; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by the 47th Street Business Improvement District (BID) to hold a block party.

The above resolution passed with a vote of 33 in favor, 0 opposed, 2 abstentions.  

WHEREAS, The Grand Central Partnership has filed an application for an outdoor urban park/outdoor café d/b/a Pershing Square Café from May 1st thru October 27th, on Park Avenue (Southbound lanes only), between East 42nd Street and East 40th Street; and

WHEREAS, This activity has been held in prior years without incident; therefore be it

RESOLVED, Community Board Five recommends approval of the application by the Grand Central Partnership for an outdoor urban park/outdoor café d/b/a Pershing Square Café on Park Avenue (Southbound lanes only).

The above resolution passed with a vote of 33 in favor, 0 opposed, 2 abstentions.  

WHEREAS, A request was made for a distinctive sidewalk at 1180 Avenue of the America, between 46th and 47th Streets; and

WHEREAS, The proposed request is for the removal of a portion of the existing sidewalk at the entrance to the building; and

WHEREAS, The existing blue stone will be replaced with Cappo Bonito Granite with a pink finish with gray veining to match the existing building stone; and

WHEREAS, The materials to be used will be tested and required to conform to the Department of Transportation's slip resistance regulations; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application for the installation of a distinctive sidewalk at 1180 Avenue of the America, between 46th and 47th Streets.

The above resolution passed with a vote of 33 in favor, 0 opposed, 2 abstentions.  

WHEREAS, Community Board Five approved the attached Street Activity Permit Policies on May 13, 2002; and

WHEREAS, These Policies have proven to be effective in improving the quality and mitigate the impact of street activities within Community Board Five; and

WHEREAS, Community Board Five has become increasingly saturated with street activities which create traffic and pedestrian problems, interfere with public transportation, and require the use of Police and Sanitation resources, among other considerations; and

WHEREAS, The Board has reviewed its current policies and has decided to amend said policies to further improve the quality and mitigate the impact of street activities in Community Board Five; therefore be it

 RESOLVED, The following additional Street Activity Policies are hereby approved:

• The Sponsor of the event should have a nexus or proximity to the location of the event, unless the Community Board makes an exception.

• The 7 to 14 day neighborhood posting, required of the event producers, should include a distinctive red or pink-colored posting; any BIDs affected by the street activity will be notified so that their sanitation workers do not inadvertently remove the postings before the event; where practical, major property owners/managers should be notified by mail of the event.

• In order to minimize the number of blocks that the event requires, an effort will be made for each continuing block of the event to have a minimum of 25 or 30 venders depending on the size of the block front and configuration of the booths or tables.

• Producers/operators of the events will endeavor to upgrade the caliber of the vendors by offering space either free or at a deep discount to not- for-profit vendors or individual crafts artisans.  Local restaurants should be encouraged to participate, rather than food vendors that generally limit their activities to street events.  Producers will not allow counterfeit goods to be sold.

• Sponsors of events are encouraged to use cross streets rather than avenues.

• Producers/operators of events are required to supplement New York City Department of Sanitation workers with their own crews and trash basket bagging, including cleaning the adjacent streets which may be affected by litter during the event.

WHEREAS, There are two bills pending in the City Council, Intro 331 and Intro 75, to establish safety and consumer protection rules for pedicabs in New York City and the City Council is expected to act on this matter in the near future; and

WHEREAS, The growth of pedicabs has a profound impact on Community Board Five since much of their operation occurs within the Board’s boundaries; and

WHEREAS, Pedicabs have created new traffic issues including the additional congestion caused by sharing the already crowded streets of New York and large numbers of pedicabs parked outside of Broadway theaters at the time the shows let out; and

WHEREAS, Community Board Five held a public hearing and heard pro and con views about pedicabs including:

1. Concern about pedicabs following and the police enforcing existing traffic laws;

2. The need for more vehicles such as pedicabs which do not use fossil fuels or pollute;

3. How Pedicabs have helped people get places when they have been unable to get a taxicab or utilize other modes of transportation;

4. The desire to reduce the number of pedicabs congregating in one location;

5. The competition pedicabs create for the taxicab industry;
6. Support for safety and consumer protection regulation of pedicabs including licensure and insurance requirements; therefore be it

RESOLVED, That Community Board Five supports the idea of having the City of New York Department of Consumer Affairs regulate the pedicab industry and recommends that the City Council include the following items in its legislation to establish a regulatory structure:

1. Require all pedicabs to have an easy to read license tag. All pedicab drivers be licensed and should take a test to get the license. The test should include an understanding of the rules of the road as well as questions on driver safety and knowledge of the city. A background check and drug tests should be a part of the procedure for getting a pedicab license.

2. The vehicles must be inspected at least annually for a variety of safety features and road worthiness as part of any license renewal process. Procedures for the transfer of pedicab licenses should be created.

3. Require all pedicabs to carry an adequate level of insurance in the case of an accident.

4. Require all pedicabs to have safety features including headlights, taillights, turning indicators, side mirrors and safety belts for passengers. Pedicabs should be prohibited from carrying more people than they are designed in order to ensure the safety of passengers.

5. Require all pedicabs to follow the rules of the road including stopping at traffic signals, not passing motor vehicles on the right, no parking on sidewalk, using the left hand side of the street.

6. Establish a uniform pricing mechanism and post prices conspicuously. The City Council should examine the zone pricing system Washington D.C. uses for its taxi cabs and consider using it for pedicab pricing. Pedicabs should give all passengers receipts.

7. Establish pedicab standing zones particularly in the theatre district and central park where people can get a ride in a pedicab. The rule of 5 should be used, meaning that no more than 5 pedicabs can be in the standing zone at one time.

8. Provide a review period for the new regulatory structure to determine whether or not it is working. There should be no initial restrictions on where pedicabs can operate; be it further

RESOLVED, Community Board Five requests adequate resources be provided to the Department of Consumer Affairs, the NYPD, the Taxi and Limousine Commission or any other appropriate agency for consistent and strong enforcement of the current traffic rules for pedicabs and of the new rules and regulations resulting from this legislation for this is the only way to ensure the safety and protection of pedestrians, pedicab riders and operators.

The above resolution passed with a vote of 29 in favor, 2 opposed, 2 abstentions.

WHEREAS, CL Limo A LLC d/b/a Crown Limousine and Transportation is a black car and limousine service which is licensed by the Taxi and Limousine Commission and dispatches cars to locations when called; and

WHEREAS, Crown Limousine and Transportation currently has its base station, the place where its phone dispatchers are located, at 245 West 72nd Street; and

WHEREAS, Crown Limousine and Transportation would like to open a base station at 134 West 37th Street, 2nd floor; and

WHEREAS, Crown Limousine and Transportation has assured Community Board Five that this base station is only for the purpose of dispatching cars and will not have black cars or limousines parking outside of the location; therefore be it

RESOLVED, That Community Board Five recommends approval for the opening of a base station for Crown Limousine and Transportation at 134 West 37th Street.

The  above resolution passed with a vote of 32 in favor, 0 opposed, 1 abstention. 

WHEREAS, The building located at 141 Fifth Avenue is in a C6-4M zone and in the Ladies' Mile Historic District; and 

WHEREAS, The original building was constructed in two phases in 1899 and 1901 and designed by Robert Maynicke and Henry Edwards Ficken, respectively; and

WHEREAS, The building footprint covers 8,133 SF, and floors 2-13, which are proposed to be rezoned, contain 82,823 SF of existing office space, of which 59,612 SF are occupied and 23,211 SF are vacant; and

WHEREAS, A partial residential extension will also be added to the 11th through 14th floors of the building using reallocated floor area from the removal of a 12-foot section in the rear of the building; and

WHEREAS, Z.R. §15-20 permits commercial conversion to residential use as long as 50% of the building's square footage is preserved for commercial use in that same or another building; and

WHEREAS, The building is located in the Ladies' Mile Historic District, it is eligible for conversion of 100% of the square footage as long as the Landmarks Preservation Commission issues a Certificate of Appropriateness and a maintenance plan has been filed; and 

WHEREAS, Although the Landmarks Committee of Community Board Five had previously voted to deny the application, the Landmarks Preservation Commission granted the Certificate of Appropriateness to the building for the historic restoration of the building's façade, including the recreation of the fourth floor balcony and cornice, the restoration of the historic storefront, the installation of new, wood, one-over-one windows on the Fifth Avenue facade, and restoration of the current cupola to its historical grandeur; and

WHEREAS, The number of dwellings complies with the density regulations of both 74-711 and 15-111; and

WHEREAS, The Landmarks Preservation Commission has issued a report supporting this application as a result of the extensive restoration program; and

WHEREAS, A program has been established to continue maintenance that will result in the preservation of the building; and

WHEREAS, The general area of the building is characterized by a mix of commercial and residential loft use; and

WHEREAS, A recent rezoning from M1-6M to C6-4A from West 17th to West 22nd Streets has resulted in an increasing amount of residential construction and condominium conversion in the neighborhood; and

WHEREAS, Even without the authorization from the NYC Department of City Planning, the developer is entitled to purchase preservation rights from another building and proceed with the planned use change excluding the restoration plans the developer has in place; and 

WHEREAS, Community Board Five also is encouraging the developer to pursue paths to build moderate income housing within the borough of Manhattan; therefore be it

RESOLVED, Community Board Five recommends approval of the application for the conversion of the building located at 141 Fifth Avenue from commercial to residential using Z.R. §15-20.

The above resolution passed with a vote of 17 in favor, 12 opposed, 3 abstentions.  

Community Board Five’s Land Use and Zoning Committee hosted a presentation about the proposed Extell Diamond Tower, to be built in the Diamond District, West 47th Street, New York, by Extell Development LLC.  We also heard comments from representatives of the newly-formed Coalition to Save the Diamond District, comprised of local property owners and tenants on 47th Street, opposing the grant of tax abatements from New York City Industrial Development Agency (“IDA”) to the developer.

It is our understanding that the new tower is to be built as-of-right, including the use of air right transfers which have not yet been completed, and is anticipated to be between 600,000 and 750,000 square feet.  The tower will run through the block between 47th and 46th Streets, contain a secure underground parking facility and may also contain a Diamond Museum and a training facility.   The developer has stated his intention to construct a commercial office building, and will market it primarily to diamond and jewelry-related

businesses.

We also understand that the IDA has preliminarily agreed to provide abatements in the sales, mortgage recording and property taxes; the exact amount of the City’s financial assistance will be determined on a scale correlating to the percentage of the building occupied by diamond and jewelry tenants, in general, and those new to, or expanding in, New York City.  Specifically, the full benefits would be available if 85% of the new building is comprised of diamond and jewelry tenants, and at least 50% of the space is occupied by new or

expanding diamond and jewelry tenants; conversely no benefits are available if less than 65% of the building is occupied by diamond and jewelry tenants or less than 20% of the building is occupied by new or expanding diamond and jewelry tenants.  The developer estimates these benefits to be worth between $5 and $6 per square foot annually, over a ten year period.

Community Board Five is pleased to see a private developer interested in revitalizing the Diamond District.  The new building will have the potential to reenergize the street.

Additionally, the new building will provide additional Class A space and offer valuable services such as secure, off-street unloading facilities.  We believe the new building will contribute to making the Diamond District more competitive to other national and international centers, and will by attracting new dealers, retailers and industry affiliated businesses. 

Coalition representatives expressed concern that the developer, in order to fill the office spaces in the new tower, will “poach” existing tenants currently in the Diamond

District to the detriment of existing building owners and, further, that through name changes or other means, the tenants will attempt to be classified as new or expanding businesses to qualify for the abatements.   The Coalition is concerned about the possibility that the new tower may destabilize the Diamond District, rather than reenergize it.

While Community Board Five does not oppose the issuance of tax abatements to Extell Development LLC, we would prefer to see these incentives as part of a much larger program that would benefit all of 47th Street and demonstrate the City’s

firm commitment to improve the entire Diamond District.   The Coalition to Save the Diamond District is an ideal group to help the City of New York identify the needs of the Diamond District, and to work collaboratively with the City of New York to implement those critical upgrades. We hope that the Coalition and Extell Development LLC will realize they each benefit from the other’s existence.  Together, their cooperative efforts can make theDiamond District stronger, safer and more prosperous.

We request that City officials meet with the Coalition to Save

the Diamond District in collaboration with Extell Development LLC to work toward a future vision for an industry that is crucial to the economic well-being of our City.  Community Board Five is available to facilitate any appropriate meetings.  Additionally, we urge the City to implement strong overview and enforcement of compliance with the terms set out by the IDA. 

Community Board Five is committed to the revitalization of the Diamond District, including both small diamond related businesses on 47th Street that have been family owned and

operated for generations, and new diamond and jewelry tenants that will burnish the District’s reputation throughout the world.

The above letter passed with a vote of 30 in favor, 0 opposed, 1 abstention. 

WHEREAS, 870 Broadway is an altered Italianate-style rowhouse built in 1847-48 as a private residence, altered in 1915 with a commercial style façade, and was the birthplace of the world famous department store Bergdorf Goodman, (in 1899, it was home to a tailoring establishment owned by Herman Bergdorf, where Edwin Goodman was an employee); and

WHEREAS, Currently the building is a commercial space with retail on the ground floor; and

WHEREAS, The applicant wants to replace the existing storefront with a new storefront infill and relocate entrances to the building and retail space; and

WHEREAS, The proposed storefront will retain the existing 3 cast iron pilasters, and will be made of painted wood (color to match the existing windows above) and glass; and

WHEREAS, The applicant represented to Community Board Five that at this time there will be no exterior lighting, no operable windows and no security gate installed; therefore be it

RESOLVED, That provided the retail and commercial entrances are made ADA compliant, Community Board Five recommends approval of the application to replace the storefront at 870 Broadway.

The above resolution passed with a vote of 29 in favor, 0 opposed, 1 abstention.