WHEREAS, 863 Broadway between East 17th & East 18th Street is a four story Italianate building, constructed in 1842, was in the Ladies’ Mile Historic District; and

WHEREAS, In October 2006, the rear wall and front façade collapsed due to construction being done at the property and the adjacent building (865 Broadway); and

WHEREAS, The applicant is rebuilding the façade to make it identical to its pre-collapse condition; and

WHEREAS, The applicant wants to modify the storefront to accommodate an ADA compliant residential entrance to the building to the left and an ADA compliant commercial entrance to the right, and this storefront infill will be made of painted wood and glass, with an exterior security gate; and

WHEREAS, The Board finds that interior security gates are more in keeping with the character of the district; and

WHEREAS, The applicant proposes to build a rooftop addition which will be setback 20 feet from the cornice, 30 feet from the rear wall, and 10 feet high; and

WHEREAS, The applicant built a mock-up of the rooftop addition but took it down before the Landmarks Committee meeting, denying an opportunity for the committee members and the community to study the question of visibility; and

WHEREAS, The applicant acknowledged that the rooftop addition would be very visible, from several viewpoints, including from the north west corner of Union Square Park; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a new storefront and rooftop addition at 863 Broadway.

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

WHEREAS, The Knickerbocker Hotel is a Beaux Arts style building of red brick with terra cotta details, and with a prominent mansard roof, which was designed by Marvin & Davis, with Bruce Price and built in 1902-1906,  designated in 1988 and put on the National Register of Historic Places in 1980; and

WHEREAS, Its Annex was designed by Phillip C. Brown, built in 1894, and is a designated landmark as well; and

WHEREAS, Financed by John Jacob Astor, it was a luxurious hotel and a popular dining and dancing spot in New York’s new theatre district, and was the only survivor out of several grand hotels that were built in the Times Square area; and

WHEREAS, The Knickerbocker closed in the 1920’s during the Depression and was converted to office use and was later the home to Newsweek Magazine; and

WHEREAS, The application is to alter the two-story commercial base, install canopies, construct a rooftop addition, remove a fire escape and install storefront infill at the Annex; and

WHEREAS, The base will be of white beige limestone, with bronze, glass and black ironwork similar to the original but without the arched windows and with much less ornamentation then the original,  the windows will be reduced in size more similar to the original, the design more compatible with its historic character; and

WHEREAS, The main entrance to the hotel will be on Broadway where the current entrance is, and it will now be expanded to three bays with a new glass and metal canopy and with a sconce on either side of the entrance, similar to the 42nd Street entrance, where the original main entrance was, which will also have a sconce on either side, and a projecting wrought iron balcony, referencing the original historically; and

WHEREAS, The Annex, also a landmark which has been closed for the past twenty years, will be restored and used for offices, the fire escape removed, the roll down security gate removed, the base, storefront and façade restored to its 1920 appearance, and  two sets of bronze double doors installed; and

WHEREAS, The new rooftop addition, an enlargement of the existing rooftop addition, will be for a bar and will be made of stucco and glass: the existing rooftop addition is 22 ft. 3 inches in width on the west  - Broadway side of the building  and 112 ft. 10 inches along the 42nd Street side; and

WHEREAS, The proposal would make the rooftop addition 40ft. 11 inches wide on the West- Broadway side and 121 ft. 11 inches along the 42nd Street side, and the height of the bar would be 15ft where it is now 10 ft., thus adding 18 ft along the west-Broadway side, and 8 ft along the 42nd street side, with a five foot addition in height over all; and

WHEREAS, The length of the bar along the East side is now 76 ft 11 inches and the proposal would lengthen it to 85 ft 11inches an increase of 8 ft 39 inches; and

WHEREAS, The height of the Cooling Towers, (which are located on the top and on the east side of the bar)  would have the Cooling towers stand 26 ft above the 15ft bar, making them 41ft above the roof. They are now 12ft above the roof; and

WHEREAS, The proposed penthouse rooftop addition is visible from several viewpoints, including Bryant Park and is very visible from West 42nd Street, between 6th Avenue and Broadway, and this extreme visibility violates the Landmarks Law; therefore be it,

RESOLVED, Community Board Five recommends denial of this project.

The above resolution passed with a vote of 19 in favor, 15 opposed, 2 abstention.  

WHEREAS, The Time & Life Building located at 1271 Avenue of the Americas in Rockefeller Center is an historically important building, opened in 1959, designed by the architects Harrison, Abramovitz & Harris, and was the first expansion of Rockefeller Center west of the Avenue of the Americas, and is credited with launching the renaissance of this area; and

WHEREAS, The design of the ground floor lobby of The Time & Life Building is notable for its lively decorative character and is considered to be a rare, intact example of mid-century modernism with its mixture of plate glass and marble cladding on the outer walls, elevator core walls wrapped in stainless steel panels, gray and white terrazzo laid in a playful serpentine pattern inspired by the world famous Avenida Altantico sidewalk, in Copacabana (Rio De Janeiro), itself designed by Roberto Burle Marx, abstract works by noted artists Fritz Glarner and Josef Albers; and

WHEREAS, On July 16, 2002 the ground floor lobby of Time & Life Building was designated by New York City Landmarks Preservation Commission as an historic landmark; and

WHEREAS, The applicant is proposing to install a new reception desk and new turnstiles, which are intended to accommodate employees and visitors of Lehman Brothers, the tenant of 35th through 45th floors; and

WHEREAS, The proposed 12'-0" wide X 3'-6" high reception desk would be composed of black granite, to be installed on top of the existing gray granite floor border; and

WHEREAS, Behind the proposed reception desk would be a back painted glass panel, with the tenants logo in stainless steel letters; and

WHEREAS, The applicant proposes to install several security turnstiles and gates at both the north and the south entries to the elevator lobby accessing elevator cabs for floors 35 through 45; and

WHEREAS, Installation of these turnstiles will involve drilling through the terrazzo floor for installation of electrical power lines; and

WHEREAS, There is concern that the terrazzo floor may be damaged, and that such a large desk would obstruct views of the lobby, and that the turnstiles and the desk are elements that will have a negative impact upon this important historic landmark space; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install the proposed reception desk and turnstiles at the ground floor lobby of The Time & Life Building at 1271 Avenue of the Americas.

The above resolution passed with a vote of 25 in favor, 8 opposed, 2 abstentions.  

WHEREAS, In 2004 Central Parking Systems (“Central”), one of the largest operators of parking facilities in America, commenced the operation of a garage (“the Facility”) at a newly constructed residential building at 800 Avenue of the Americas (“the Building”) as a 57 car accessory parking garage for the residents of the Building; and

WHEREAS, Central started using the Facility for transient parking as well as for accessory parking and increased the parking spaces by adding stackers to 70 cars (plus 10 reservoir spaces); and

WHEREAS, At the time the use of the Facility was changed, Central contacted the staff of the Department of City Planning (“DCP”) to legalize the transient use through a special permit, which the staff was receptive to but, among other things, expressed concerns about the width of the Facility ramp; and

WHEREAS, After considering the matter for over a year, DCP staff decided it was advisable to attempt to legalize the Facility since there were no clear design standards for garages and the interior layout of the Facility had been redesigned in a manner acceptable to DCP; and

WHEREAS, In Central’s Environmental Assessment Statement, the use of the Facility as a public garage at 70 spaces (plus 10 reservoir spaces) does not cause environmental problems or a significant traffic impact; and

WHEREAS, Although a small portion of the Facility’s ramp is less than 17 feet, the Facility has been operated in a safe manner for the past three years, and during peak hours the Facility has four parking attendants employed; and

WHEREAS, A public garage at this location is beneficial to the area and the public in that it accommodates occupants of the Building, tenants in surrounding buildings in this developing residential area, and provides needed public parking for the major retail area immediately north of the Building; and

WHEREAS, If the Special Permit is granted Central will have to renew it and the Board would then be able to review the safety operations of the Facility and whether any violations were issued; and

WHEREAS, Although in the past the Board has rejected attempts to legalize violations, primarily relating to certain landmark requirements, the Board believes that with regard to the operation of pubic garages it would be better to legalize the use, and the Board would strongly urge DCP to adopt clear design standards for garages; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Central Parking Systems for a Special Permit, pursuant to §§13-562 and 74-52, to establish a 70 car parking garage (with 10 reservoir spaces) at 800 Avenue of the Americas.

The above resolution passed with a vote of 33 in favor, 0 opposed, 3 abstentions.  

WHEREAS, On June 4, 2007 the City Planning Commission referred, for a 45 day period, a proposed text amendment regulating the use of urban plazas to affected Community Boards and Borough Presidents for review and comment; and

WHEREAS, A text amendment is not subject to a ULURP, but Community Board Five, having many public plazas within its boundaries, appreciates the opportunity to comment on the proposed text changes; and

WHEREAS, The Zoning Resolution was amended in 1961 to permit additional bulk in high density residential and commercial areas in exchange for public, outdoor plazas, subsequently amended in 1975 and 1977, and has resulted in about 250 public plazas throughout the city; and

WHEREAS, The proposed changes primarily (a) replace the existing residential plaza definitions and urban plaza standards with a single plaza type called the public plaza, (b) revise and update the design standards for public plazas, while ensuring that substantial architectural flexibility remains for unique and exciting open space design, and (c) streamline and consolidate provisions related to open air cafes and kiosks within plazas, nighttime closing of plazas, and the process for modification of plaza design guidelines; and

WHEREAS, The proposed changes will increase the accessibility of the plaza from the street, broaden the variety of seating while ensuring greater comfort, permit wider landscaping choices, clarify information available on signage, and increase hours the plazas are open; and

WHEREAS, The proposed changes are limited to design and operational standards and make no changes that relate to bulk, permitted floor area, the amount of floor area generated through the provision of bonus plazas or to locations where the plaza bonus is available; and

WHEREAS, The process for approval of a public plaza remains a Certification by the Commissioner of City Planning, and the proposed change provides for an Owner’s Notification of Compliance every three years; and

WHEREAS, Enforcement of violations of plaza regulations are conducted by the Department of Buildings, and carry only three types of penalties: Environmental Control Board (ECB) fines, denial of applications for changes to the plaza or revocation of a building’s Certificate of Occupancy; and

WHEREAS, ECB fines are very low and are often considered a cost of doing business, denial of new application is only available when an owner wishes to change a physical or operational aspect of his plaza, and revocation of a C/O is a very harsh penalty; therefore be it

RESOLVED, That Community Board Five applauds the City Planning Commission in creating design guidelines that will make future public plaza more attractive, diverse and integrated with the streetscape; and be it further

RESOLVED, That Community Board Five urges the Commission to consider more effective methods of enforcement of the plaza standards, including, but not limited to increasing fines or requiring periodic recertification; and be it further

RESOLVED, That Community Board Five encourages City Planning to promote the creation of self-cleaning bathrooms whenever possible.

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

WHEREAS, This application came before the Land Use and Zoning Committee because the proposed modification would significantly alter covered pedestrian space (CPS) created by the developer in exchange for bonus density; and

WHEREAS, The building’s CPS is currently configured as a public entrance on Fifth Avenue, a public walkway at ground level around a central three story retail atrium, a concourse level seating area, and an arcade with a public entrance on 47th Street; and

WHEREAS, The application states that the current arrangement of the CPS results in widespread neglect by the public due to the following design flaws:

WHEREAS, The configuration of the CPS is proposed to be altered by eliminating the Fifth Avenue entrance and replacing it with retail, in conformance with the current guidelines, eliminating the concourse level and below grade atrium, installing seating, lighting and planters, constructing a glass wall that will separate the escalators and office entrance from the CPS, and

WHEREAS, The CPS in the proposed renovation would be more visible, accessible, alluring and therefore more widely used by the public because of the following changes:

WHEREAS, The existing CPS is about 3, 340 square feet, and the proposed CPS will be about 3,612 square feet, which square footage results in essentially the same bonusable area as the original; and

WHEREAS, The space occupied by the planned food and beverage café will not come out of the CPS total; and

WHEREAS, The applicant has been responsive to the Department of City Planning’s concern for the quality of public space:  the current design was redone to reflect City Planning’s aversion to the East 47th Street arcade; and

WHEREAS, The applicant has said they will reappear before the Land Use and Zoning Committee should their plans change before approval by the Commission; and

RESOLVED, That Community Board Five recommends approval of the requested modification to the bonused public space at 575 Fifth Avenue.

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

WHEREAS, Madison Square Park Conservancy has applied for a special events permit for August 25 through September 9, 2007 to hold viewing of the US Open; and

WHEREAS, American Express will have a Jumbotron screen on the Farragut Monument     (considered a major work of historic art), bleachers on the plaza, a viewing area, food concessions provided by companies to be determined by an RFP, and several activities yet to be determined at the south end of Madison Square Park; and

WHEREAS, No plans were available for the activities at the south end of the park; and

WHEREAS, No layout was presented for the entire event; and

WHEREAS, The US Open will be broadcast with sound from 11:00 a.m. to 11:00 p.m. every day and evening and if events run later than 11:00p.m.the Jumbotron will remain on; and

WHEREAS, Beer and wine will be sold for consumption in selected areas; and

WHEREAS, Signage will be significant in size and number; and

WHEREAS, This event is commercial in nature; and

WHEREAS, Sound, security, refuse, park space for commercial promotion, the length of event and the evening schedule of events are major issues;

WHEREAS, On the weekend before the US Open event and the two Sundays of the US Open event there will be major parades and street festivals surrounding Madison Square Park with many thousands of people converging on the area;  and

WHEREAS: These events have already been approved by SAPO; and

WHEREAS; There have been significant complaints about noise and congestion with regard to the US Open event and the above mentioned festivals from the community; therefore be it

RESOLVED, That Community Board Five believes using scarce public space for commercial endeavors is unacceptable; and be it further

RESOLVED, That Community Board Five recommends denial of a permit to Madison Square Park Conservancy to allow American Express to take over a public park for fifteen days to promote their product and broadcast the US Open.

The above resolution failed with a vote of 25 in favor, 9 opposed, 1 abstention.   

WHEREAS, The applicant, The A Team LLC, has applied for a permit to hold a cheese sampling on Thursday, October 4, 2007 in Union Square Park; and

WHEREAS, No one from the organization attended the Parks Committee meeting on July 2, 2007; and

WHEREAS, Any questions that the Committee may have regarding this event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends denial of the permit to hold a cheese sampling on Thursday October 4, 2007 in Union Square Park.

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

WHEREAS, The applicant, Bahaman American Cultural Society, has applied for a permit to hold an event on Saturday, September 1, 2007 in Madison Square Park; and

WHEREAS, No one from the organization attended the Parks Committee meeting on July 2, 2007; and

WHEREAS, Any questions that the Committee may have regarding this event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends denial of the permit to Bahaman American Culture to hold an event on Saturday, September 1, 2007 in Madison Square Park.

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

WHEREAS, The applicant, Mohit Bhansali has applied for a permit to hold a musical performance on Sunday, September 9, 2007 in Union Square Park; and

W WHEREAS, No one from the organization attended the Parks Committee meeting on July 2, 2007; and

WHEREAS, Any questions that the Committee may have regarding this event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends denial of the permit to Mohit Bhansali to hold a musical performance on Sunday, September 9, 2007 in Union Square Park.

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

WHEREAS, The applicant, Empire Force Events, has applied for a permit to hold a corporate PR event on July 17, 2007 in Union Square; and

WHEREAS, The Open Meetings Law requires that the Board give the community a minimum of 72 hours notice of any application it will review; and

WHEREAS, The application was received by Community Board Five on the day of the Parks Committee meeting of July 2, 2007; and

WHEREAS, Any questions that the Board may have regarding this event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends denial of the permit to Empire Force Events to hold a corporate PR event on July 17, 2007 in Union Square.

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

WHEREAS, The applicant, Big Brothers Big Sisters has applied for a permit to hold an event on August 2, 2007 in Madison Square Park; and

WHEREAS, The Open Meetings Law requires that the Board give the community a minimum of 72 hours notice of any application it will review; and

WHEREAS, The application was received by Community Board Five on the day of the Parks Committee meeting of July 2, 2007 and the committee will not meet again until September 6, 2007; and

WHEREAS, Any questions that the committee may have regarding this event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends denial for the permit to Big Brothers Big Sisters has applied for a permit to hold an event on August 2, 2007 in Madison Square Park.

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

WHEREAS, An application has been received at The New York City Department of Parks and Recreation from India Tourism, proposing to conduct an event in Madison Square Park celebrating the 60th Anniversary of India’s Independence; and

WHEREAS, The concept of the proposed event is to create an experimental India village to provide the public with an unique opportunity to experience the traditions of the country’s diverse arts and culture; and

WHEREAS, The event has been proposed to be conducted from Saturday, September 22nd through Tuesday, September 25th with festivities beginning each day at 9:00 AM and ending at 10:00 PM, and will involve set-up beginning at 8:00 AM and clean-up to be completed at 11:00 PM; and

WHEREAS, In addition to the four days proposed for the event, the applicant has indicated that approximately two (2) days in advance would be required for set-up and programming, and that one (1) day following the event would be required for dismantling, which would involve vehicles being driven onto the parkland; and

WHEREAS, Approximately 50,000 square feet of space within the park would be required to accommodate the installation of the following:

WHEREAS, There would be an estimated 140 persons, including artisans, performing artists, supporting cast members, and technical crews, and an estimated 10,000 spectators in attendance; and

WHEREAS, There is a requirement for amplified sound at this event, for which the applicant is expected to obtain necessary permits; and

WHEREAS, There will be no charges for either participants or spectators, nor food or merchandise being sold; and

WHEREAS, The applicant is insured for this event, and will provide on-site security and medical services; and

WHEREAS, In the materials provided for our review of this application, there has been no proposed site plan, thus preventing judgment of whether or not the community will have adequate access to the playgrounds, dog runs, concessions, and other park amenities; and

WHEREAS, There is great concern that the duration and the many hours requiring sound amplification may be too disruptive to the surrounding neighborhood, and that an event of this scale requiring such a large amount of space would be better suited for a larger park; therefore be it

RESOLVED, Community Board Five recommends denial of the application for The New York City Department of Parks and Recreation and India Tourism to conduct this event as outlined and described within Madison Square Park.

The above resolution passed with a vote of 27 in favor, 1 opposed, 2 abstentions.  

WHEREAS, The applicant, Circus Amok, has applied for a permit to hold a one-ring, outdoor circus with no animals, on the North Plaza of Union Square on Thursday, September 6, 2007; and

WHEREAS, The hours will be 2 PM –6 PM with two one-hour performances, including set-up; and   

WHEREAS, A 20 foot truck will drive onto the North Plaza, where the farmers’ market usually is; and

WHEREAS, Advertising flyers will be handed out, and there will be no merchandise sold, and there will be a non-amplified acoustic band; and

WHEREAS, The circus has been performing in parks for 13 years; and

WHEREAS, The circus is a 501 C-3, and is supported by the National Endowment for the Arts and many other organizations; and

WHEREAS, The event is free; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Circus Amok for a permit to hold a one-ring, outdoor circus with no animals, on the North Plaza of Union Square on Thursday, September 6, 2007.

Theabove resolution passed with a vote of 30 in favor, 0 opposed, 1 abstention.   

WHEREAS, Silver Autumn Hotel Corporation LTD., has submitted an application for an unenclosed sidewalk cafe for 29 tables and 116 seats for Silver Autumn Hotel located at 65 West 54th Street; and

WHEREAS, After visiting the site, the Board has concerns that the size of the unenclosed sidewalk café will impede the flow of pedestrians; and

WHEREAS, The applicant has agreed to amend the application to address the Board’s concerns regarding the above condition by:

WHEREAS, The applicant(s) has also agreed to return in one year to be sure that there were no major complaints with this set up and reconfigure if there were; and

WHEREAS, The applicant will submit revised plans reflecting said revisions to the Department of Consumer Affairs; therefore be it

RESOLVED, That Community Board Five recommends approval of the amended application by Silver Autumn Hotel Corporation Ltd., for an unenclosed sidewalk cafe at 65 West 54th Street.

The above resolution passed with a vote of 20 in favor, 5 opposed, 1 abstention, 1 present not entitled to vote.    

WHEREAS, Epoch Times has submitted applications to hold street festival on West 36 Street, between 7th and 8th Avenues on Saturday, September 22, Sunday, September 23 and Saturday, October 6, 2007; and

WHEREAS, This event was previously held for one day only without any incidents; and

WHEREAS, Community Board Five has major concerns about pedestrian traffic if this block is closed for two full days; therefore be it

RESOLVED, Community Board Five recommends approval of the application by Epoch Times to hold a street festival on Saturday, October 6th, 2007 only and recommends denial of the applications for Saturday, September 22nd and Sunday, September 23rd.

The above resolution passed with a vote of 20 in favor, 3 opposed, 3 abstentions.    

WHEREAS, 381 Park Avenue South, LLC D/B/A Prime's Steakhouse, 381 Park Avenue South, application for an unenclosed sidewalk cafe with 24 tables and 48 seats.; and

WHEREAS, A member of the Consents & Variances Committee visited the requested location, and notices were posted notifying of the hearing to discuss the proposed request; and

WHEREAS, Based on observation of 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 by 381 Park Avenue South, LLC D/B/A Prime's Steakhouse, for an unenclosed sidewalk café at 381 Park Ave South.

The above resolution passed with a vote of 20 in favor, 4 opposed, 1 abstention, 1 present not entitled to vote.