Resolutions: February 2007

WHEREAS, Zen Palate Union Square LLC, located at 34 Union Square East has submitted an application for an unenclosed sidewalk café for 17 tables 34 seats; and

WHEREAS, In previous years, this applicant has appeared before Community Board Five, and according to the Board’s record there are no complaints on file against this location; and

WHEREAS, An unenclosed sidewalk café at this location will not impede pedestrian flow; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for by Zen Palate Union Square LLC for an unenclosed sidewalk café at 34 Union Square East.

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

WHEREAS, New York Hotel Tenant Corp. d/b/a The Ritz-Carlton, 50 Central Park South, has submitted an application for an unenclosed sidewalk café for 12 tables and 48 seats; and

WHEREAS, A member of the Consents & Variances Committee visited the requested location, and based on pedestrian traffic pattern, the placement of an unenclosed sidewalk café at this location will not impede pedestrian flow; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for by New York Hotel Tenant Corp. d/b/a The Ritz-Carlton for an unenclosed sidewalk café at 50 Central Park South.

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

WHEREAS, The Owner of The Manhattan Sports Performance, LLC d/b/a Velocity Performance Sports Performance, has submitted an application to legalize an existing Physical Culture Establishment on the 6th Floor of a building located at 133 East 58th Street in a C5-2 Zoning District; and

WHEREAS, The area was posted and a site visit was done by a Consents & Variances Committee member; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a physical culture establishment on the 6th Floor of a building located at 133 East 58th Street.

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

WHEREAS, 277 Park Avenue, LLC, d/b/a Manhattan Athletic Club, located at 277 Park Avenue has submitted an application to reopen and amend the BSA resolution to extend the terms to operate a Physical Culture and Health Establishment for an additional ten years and the addition of 479 square feet to the club; and

WHEREAS, The area was posted and a site visit was done by a Consents & Variances Committee member; and

WHEREAS, Community Board Five has no complaints on file for this establishment; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to extend the term for an additional ten years for a Physical Culture and Health Establishment and for the addition of 479 square feet to the club located at 277 Park Avenue.

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

WHEREAS, TSI Herald, Inc., located at 40-60 West 34th Street has submitted an application to extend the terms of a previously approved variance for an existing Physical Culture Health Establishment; and

WHEREAS, The area was posted notifying of a public hearing to be held on Thursday, February 8, 2007 and a site visit was done by a Consents & Variances Committee member; and

WHEREAS, Community Board Five has no complaints on file for this establishment; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to extend the terms of a previously approved variance for an existing Physical Culture Health Establishment located at 40-60 West 34th Street.

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

WHEREAS, Friends of 13th Precinct Community Council has applied for a Street Activity permit for Saturday, June 16th, on 6th Avenue, between 23rd and 33rd Streets, 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 for a Street Festival by Friends of 13th Precinct Community Council for Saturday, June 16th, 2007 on 6th Avenue, between 23rd and 33rd Streets and urges the city to work with the applicant to find an alternative location for the applicant’s event.

The  resolution then passed with a vote of 35 in favor, 0 opposed, 1 abstention.  

WHEREAS, The Ancient Order of Hibernians has applied for a permit to hold a street festival on Saturday, September 15, 2007, on Avenue of the Americas, between 42nd and 56th Streets; and

WHEREAS, In previous years, Community Board Five had repeatedly requested that the applicant provide documentation of a non-discrimination policy on official organizational letterhead, which the applicant has refused to submit; and

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

WHEREAS, The applicant was invited to, but did not attend the Consents and Variances Committee Meeting to answer the concerns of the Board; therefore be it 

RESOLVED, That Community Board Five recommends denial of the application by Ancient Order of Hibernians for a street activity on September 15, 2007.

The  resolution then passed with a vote of 35 in favor, 0 opposed, 1 abstention.  

WHEREAS, The NYC Department of Transportation is seeking approval to complete Phase II of a Decorative Street Lighting Program in the Fashion Center district; and

WHEREAS, This plan will replace approximately 41 existing cobra head lampposts with decorative Bishop’s Crook lampposts in the core of the district (the side streets from 36th to 39th Streets between 6th and 8th Avenues); and

WHEREAS, The Bishop’s Crook lampposts are 26’ 7” tall and made of cast iron and the luminary is geographically closer to the sidewalk thereby giving off more light for pedestrians; and

WHEREAS, The lampposts are able to support banners and holiday lighting that is typically displayed around the city; and

WHEREAS, Council Speaker Christine Quinn has allocated $417,000 of Resolution A funds for the new fixtures; and

WHEREAS, This program was launched in the early 1990’s by the Fashion Center BID for the purposes of beautifying the streetscape and improving lighting throughout their district; and

WHEREAS, Community Board Five approved the initial light fixtures and their installation and the DOT is proposing the same fixtures as are currently installed on the surrounding avenues; therefore be it

RESOLVED, That Community Board Five recommends approval of Phase II of the Fashion District Distinctive Street Lighting Program.

The above resolution passed with a vote of 35 in favor, 0 opposed, 1 abstention.  

WHEREAS, Carlisle 839 LLC is seeking permission to include an open air café as part of an urban plaza that is a portion of a proposed development that will be built at 839 Sixth Avenue, between West 29th and West 30th Streets, pursuant to Section 37-04(g)(5) of the Zoning Resolution to allow an Open Air café as a permitted obstruction within a proposed plaza at the 839 Sixth Avenue, Block 805, Lot 59; and

WHEREAS, The development will be a 46-story, 388,900 square-foot, mixed-use building as permitted in the C6-4X and M1-6 zoning district, that will include a combination of rental residential, hotel, retail and public garage space as well as a through-block 10,819 square-foot urban plaza located west of the building, running between West 29th and West 30th Streets, with access from either end, as well as via the rear of the building; and

WHEREAS, In exchange for the plaza, the applicant will receive a total of 64,864 square feet of bonus floor area, a bonus ratio of 6:1 square feet of plaza; and

WHEREAS, The plaza will consist of a series of seating areas including 51 movable chairs, 27 fixed chairs, 24 benches,  5 fixed benches, tables, a reflecting pool/fountain, a kiosk from which food can be purchased, plantings and other decorative features; and

WHEREAS, The applicant wishes to add mid-plaza an open air café with 16 tables and 32 chairs, a number that is less than that what is allowed under the current rules, adjacent to the section of the building where a restaurant is planned to be built with the restaurant operator, who is yet to be chosen, operating and maintaining this open air café; and

WHEREAS, This neighborhood has already seen large scale residential complexes built further south on Sixth Avenue and this area would benefit from amenities that would bring services, street traffic, and security into the neighborhood; and

WHEREAS, Consideration should be given to the security benefits of installing gates at either end of the urban plaza making it possible to close the plaza during late night hours, although this should be done in a way that doesn't permit access to the plaza via the building by private residents and hotel/restaurant guests and thus excluding only the public; and

WHEREAS, Because of the scope of this planned development, the developer and any ensuing owners of this planned complex would have numerous incentives to maintain, keep secure, and responsibility operate the proposed open air café; therefore be it

RESOLVED, That Community Board Five recommends approval of the application of Carlisle 839 LLC for an open air café to be added to the urban plaza at the proposed development at 839 Sixth Avenue.

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

WHEREAS, 5-7 East 17th LLC is seeking to covert the entire 2nd floor and portions of the 4th, 5th, and 8th floors, pursuant to ZR Section 15-20(b), and to approve the cancellation of the restrictive declaration pursuant to ZR 15-214 at 5-7 East 17th Street a.k.a 10 East 18th Street; and

WHEREAS, The applications are not subject to ULURP; and

WHEREAS, On 8/14/1990 a zoning certification (N890723 ZCM) was approved for the residential use of the 3rd, 6th, and 7th floors and portions of the 4th, 5th and 8th floors; and

WHEREAS, Pursuant to Section 15-20(b) of the Zoning Resolution the requirements of Section 15-21 of the Zoning Resolution may be waived in connection with the conversion of all or any portion of a non-residential building to a residential use, provided that the Applicant has met the following requirements:

• Such non-residential building is either a landmark or lies within a Historic District:

The building is located entirely in a M1-5M District and within the Ladies Mile Historic District.

• Any alterations to the subject building, required in connection with such conversion to residential use, have received a Certificate of Appropriateness or other permit from the Landmarks Preservation Commission (LPC):

LPC has issued a Permit/Certificate of No Effect, dated November 22, 2005, setting forth the alterations to the building in connection with the conversion to residential use.

• A program has been established for continuing maintenance that will result in the preservation of the subject building or buildings as evidenced by a report from the LPC:

A declaration setting forth a program for continuing maintenance, as approved by the LPC, has been executed and acknowledged by the applicant, and is on file with LPC. 

• Such non-residential building, or portions thereof, being converted to residential use, shall comply with the density requirements set forth in Section 74-711 paragraph (a)(3) of the Zoning Resolution:

The building, as converted to residential use, will comply with such density requirements; and

WHEREAS, The application also states that the granting of the requested authorization by the City Planning Commission would have minimal adverse effects on the conforming uses located within the building and in the surrounding area.  In addition, that residential use is already permitted in a large portion of the building and a number of buildings in the immediate area already permit residential use; and

WHEREAS, The existing class B office space is currently vacant; and

WHEREAS, The existing residential tenants of the building are comprised of mostly market rate tenants and a small number of rent stabilized tenants, who will remain in the building; and

WHEREAS, The ground floor retail space will continue to be occupied by Barnes & Noble; and

WHEREAS, The developer wants to convert the non-residential units to condominiums with units ranging in the 3000 square foot range; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to covert the entire 2nd floor and portions of the 4th, 5th, and 8th floors, pursuant to ZR Section 15-20(b), and to approve the cancellation of the restrictive declaration pursuant to ZR 15-214 at 5-7 East 17th Street a.k.a 10 East 18th Street.

WHEREAS, 29 West 27th Street is a Beaux Arts style, loft building located in the Madison Square North Historic District, built in 1908-09, designed by the architectural firm Neville & Bagge; and

WHEREAS, The Historic District's Designation Report comments that the subject building "…remains remarkably intact on the exterior"; and

WHEREAS, The owner/applicant of the ground floor commercial condominium space wishes to subdivide the interior space; and

WHEREAS, The proposal to subdivide the interior includes the removal of a central, non-contributing, storefront window, and the addition of a new entry door; and

WHEREAS, The proposal includes the addition of new awnings over the proposed door as well as the other two flanking, non-historic entry doors that he controls; and

WHEREAS, No historic examples or modern precedent studies were provided to evaluate the current proposal; and

WHEREAS, The proposed storefront is neither historically compatible nor harmonious to the building regarding proportions, color, or materials; and

WHEREAS, Community Board Five would prefer that this storefront alteration be part of a master plan that will guide future storefront improvements; and

WHEREAS, The master plan should be agreed to by the building's Board of Directors and reviewed by as part of this application; and

WHEREAS, The owner/applicant has not taken any steps to work in cooperation with the building's Board to consider a storefront master plan or any façade improvements; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for 29 West 27th Street to install a new entry door on ground floor storefront, interior partitions and new awnings.

The above resolution passed with a vote of 33 in favor, 0 opposed, 1 abstention.  

WHEREAS, The University Club is an Italian Renaissance palazzo-style structure built by famed architectural firm McKim, Mead and White in 1900, and is an individual landmark, located at One West 54th Street; and

WHEREAS, In 1929, a rooftop addition was built to welcome squash courts, and more courts were built in 1933, all of these additions are visible from the main thoroughfares, including 5th Avenue; and

WHEREAS, The applicant wants to build an additional double squash court and a gallery for spectators to view the games and mechanical elements (elevator bulkhead) on the roof; and

WHEREAS, The additional structure will be clad in ochre color stucco; and

WHEREAS, The addition will be visible mainly on the west utilitarian façade of the building, and will also be minimally visible from 5th Avenue and from 54th Street; and

WHEREAS, The visibility is minimal and has no negative impact on the historical quality of the building; therefore be it

RESOLVED, That despite concerns regarding the new addition partially blocking the view of the cornice of the Peninsula Hotel, located directly on the north side of the University Club, Community Board Five recommends approval of the rooftop addition on the University Club building.

The above resolution passed with a vote of 33 in favor, 0 opposed, 1 abstention.  

WHEREAS, The New York City Department of Parks and Recreation (Parks) proposes to host a snowboarding event in Union Square Park on February 8, 2007; and

WHEREAS, This is a commercial event with product and gear demonstrations; and

WHEREAS, Parks has failed to provide timely notice to Community Board Five in order to adequately comment on this event; and

WHEREAS, Parks has repeated failed to give Community Board Five advance notice of these commercial events; and

WHEREAS, Lack of timely notice prevents the Parks Committee from properly evaluating the merits of this application; therefore be it

RESOLVED, Community Board five recommends denial of this permit to host a snowboarding event in Union Square Park on February 8, 2007

The above resolution was ratified with a vote of 35 in favor, 0 opposed, 0 abstentions.  

WHEREAS, Steve Borne has applied for a special event permit to hold a daytime music program for children in Madison Square Park; and

WHEREAS, The program will be held in the park on July 7, 2007, from 1:00 pm to 2:30 pm, with set-up starting at 11:30 am and clean-up ending at 3:30 pm; and

WHEREAS, The event is a free concert for children with no associated sales of recorded CD’s, tapes or other merchandise; and

WHEREAS, At the event performers will entertain children with music and dramatic characters; and

WHEREAS, Similar programs have been conducted for several years and were well received and attended; therefore be it

RESOLVED, Community Board Five recommends approval of this application for a special event permit for Steve Borne to hold a children’s entertainment program on July 7, 2007, from 1:00 pm to 2:30 pm, with set-up starting at 11:30 am and clean-up ending at 3:30 pm in Madison Square Park

The above resolution was ratified with a vote of 34 in favor, 0 opposed, 0 abstentions. 

WHEREAS, Steve Borne has applied for a special event permit to hold a daytime music program for children in Union Square Park; and

WHEREAS, The program will be held in the park on July 27, 2007, from 1:00 pm to 2:30 pm, with set-up starting at 11:30 am and clean-up ending at 3:30 pm; and

WHEREAS, The event is a free concert for children with no associated sales of recorded CD’s, tapes or other merchandise; and

WHEREAS, At the event performers will entertain children with music and dramatic characters; and

WHEREAS, Similar programs have been conducted for several years and were well received and attended; therefore be it

RESOLVED, Community Board Five recommends approval of this application for a special event permit for Steve Borne to hold a children’s entertainment program on July 27, 2007, from 1:00 pm to 2:30 pm, with set-up starting at 11:30 am and clean-up ending at 3:30 pm in Union Square Park.

The above resolution was ratified with a vote of 34 in favor, 0 opposed, 0 abstentions. 

WHEREAS, A proposal has been received from Anthony DeFranco to hold a Bubble Bath event celebrating the first weekend of Spring on the south plaza of Union Square Park; and

WHEREAS, The event consisting of the distribution and communal blowing of non-toxic soap bubbles; and 

WHEREAS, The event will be held March 24, 2007, with a rain date of March 25, 2007, from 12:00 pm to 3:00 pm, with set up starting at 11:30 am and clean up thereafter; and

WHEREAS, This is to be a free, stand alone event, with an unamplified jazz trio, minimal to no sponsorship, merchandising or signage; and

WHEREAS, On-site security and insurance will be in place; and

WHEREAS, The applicant has approval from the NYC Parks Department to conduct this event; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Anthony DeFranco to hold the Bubble Bath event celebrating the first weekend of spring in the south plaza of Union Square Park on March 24, 2007, from 12:00 p.m. to 3:00 p.m.

The above resolution was ratified with a vote of 34 in favor, 0 opposed, 0 abstentions. 

WHEREAS, The ASPCA intends to hold a Canine Carnival on Tuesday, April 10, 2007 from 4:00 pm to 9:00 pm on the south plaza of Union Square Park, with set-up beginning at 8:30 am; and

WHEREAS, The ASPCA, a not-for-profit organization, intends to have no corporate sponsors and no signage other than their own; and

WHEREAS, The ASPCA will have a van with up to ten dogs and ten cats available for adoption; and  

WHEREAS, Veterinarians, groomers and animal behaviorists will be located in tents to answer questions the public may have regarding their pets; and

WHEREAS, The event is designed to promote awareness of the estimated 8-12 million companion animals that are placed in animal shelters nationwide every year, of which 5-9 million are euthanized; therefore, be it

RESOLVED, Community Board Five recommends approval of the ASPCA’s application to hold ASPCA Day on April 10, 2007 from 4:00 pm to 9:00 pm in Union Square Park.

The above resolution was ratified with a vote of 34 in favor, 0 opposed, 0 abstentions.