Resolutions: September 2007

WHEREAS, the application was found to be incomplete, as the applicant failed to notify the adjacent building’s management, and failed to provide an affidavit of sole employment, and

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

WHEREAS, The applicant for the above referenced request, MUNIRA JASANI, was invited, yet failed to attend Community Board Five’s Consents & Variances Committee meeting on Thursday, September 6th 2007, at 5:00p.m. to answer any questions the committee may have; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a newsstand at the S/W/C of West 53rd Street.

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention, 1 present not entitled to vote.  

WHEREAS, The Hilton Hotels Corporations filed an application to allow a Physical Culture Establishment that would occupy 13.000 square feet on the 19th floor of The Waldorf Astoria Hotel, located 301 Park Avenue as well as a retail space on the ground floor, and

WHEREAS, The establishment would be operated by Spa CHAKRA LLC and would be the US flagship for the French luxury cosmetics brand Guerlain, and

WHEREAS, The establishment would offer spa treatments and a fitness center both opened to the public, therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a physical culture establishment at the Waldorf Astoria, located at 301 Park Avenue.

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

WHEREAS, an application has been filed jointly by The Korea Times & the Korean American Association for Greater New York (KAAGNY), to hold a block party and street festival; and

WHEREAS, the event would be held as follows:

• On 32nd Street between Broadway & 5th Avenue

• On October 6th 2007 (for 1 day only)

• between the hours of 9 am and 6pm,

• set-up starting at 7am, and cleaning-up finishing no later than 9pm, and

WHEREAS, the application requested a set-up starting at 6am, but at the urge of Community Board Five, and to be in compliance with our guidelines, the applicant agreed to delay the set-up to 7am, and

WHEREAS, Community Board 5 is concerned that garbage will accumulate during the day and requests that garbage collection is organized during the day to avoid spillage in the street, and

WHEREAS, the applicant has agreed to these conditions, and

WHEREAS, the applicant has held this even in the past and no complaints have ever been filed, therefore be it

RESOLVED, That Community Board Five recommends approval of the application to hold a block party & street festival by the Korea Times & Korean American Association for Greater New York

WHEREAS, The Sony Wondertech Lab in the Sony Public Plaza is part of the bonus plaza, is open to the public free of charge and consists of 4 floors of exhibits; and

WHEREAS, The Sony Wondertech Lab is funded by the Sony Corporation, has not undergone a major renovation in over a decade and would like to close 2 floors of the exhibit for 9 months to perform renovations and upgrade the exhibit, including adding more interactive displays and changing the technology from analog to digital; and

WHEREAS, The renovated Sony Wondertech Lab will comply with all American's with Disabilities Act accessibility rules, and has been certified green-friendly by the US Environmental Council; and

WHEREAS, The Sony Wondertech Lab will leave 2 floors open to the public during the renovation, but plans to close the entire exhibit on Sundays during the construction period; and

WHEREAS, A special permit was granted 10 years ago to permit closing of the Sony Public Plaza for 12 events a year, 6 to benefit not-for-profit organizations and 6 for private entities; and

WHEREAS, The permit is going to expire and Sony would like to have it renewed for another 10 years; and

WHEREAS, Community Board Five has not received any complaints about the closing of the Sony Public Plaza for 12 events a year; therefore be it

RESOLVED, That Community Board Five recommends approval of closing portions of the Sony Wondertech Lab for 9 months to undergo renovations; and be it further

RESOLVED, That Community Board Five recommends renewal of the special permit allowing Sony Public Plaza to close for 12 events a year.

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

WHEREAS, 126 East 32nd Street LLC is proposing to build a 12-story residential building with a parking garage at 120 and 122 East 32 Street, which is currently a parking lot; and

WHEREAS, The property at 120 and 122 East 32nd Street was changed from a C6-1 to a C4-5A by the City Planning Commission in 1995; and

WHEREAS, The applicant is requesting a zoning map amendment to change the zoning designation of the site and adjoining properties from C4-5A to C6-2A by extending an existing C6-2A district that exists on Lexington Avenue at East 32nd Street westward over the site to a point 150 feet towards Park Avenue South; and

WHEREAS, The existing buildings on the site are already larger than what is permitted in a C6-2A zoning lot; and

WHEREAS, The proposed 12-story residential building has been designed to align with the street wall of the adjacent buildings and the other taller buildings on the block; and

WHEREAS, The residential bulk of the proposed building is consistent with larger office/loft buildings to the west of it,  and to converted residential and other existing residential buildings to the east and south of it; and

WHEREAS, The three-story building directly to the west houses a social services drop-in center which will not be disturbed by the new construction, and the property has a codicil which prevents a taller building from being developed on it in perpetuity; and

WHEREAS, Community Board Five felt that the 12-story residential building proposed for this site is appropriate for the block in relation to the other buildings on it, and due to the developer providing public parking at the new site; therefore be it

RESOLVED, That Community Board Five recommends approval of the extension of the C6-2A district on the south side of East 32 Street Lexington Avenue to approximately 150 feet towards Park Avenue South.

The above resolution passed with a vote of 23 in favor, 10 opposed, 0 abstention.  

WHEREAS, 126 East 32nd Street LLC is proposing to develop a 12-story residential building on 120 and 122 East 32nd Street, which is currently an outdoor parking lot; and

WHEREAS, The applicant is seeking a special permit to operate an attended public parking garage using the cellar and sub-cellar to house a 44-space parking garage with 9 reservoir spaces on the first level, which would be open to the public; and

WHEREAS, The capacity of the current lot is 44 cars, so this parking garage should replace the spaces being lost as a result of the residential building being developed; and

WHEREAS, Concern has been raised by Community Board Five that existing off-street parking has been disappearing due to increased development within the area; and

WHEREAS, Community Board Five is pleased that the applicant will be providing public parking within the building; therefore be it

RESOLVED, That Community Board Five recommends approval of the applicant's request for a Special Permit to operate an attended public parking garage at 122 East 32 Street.

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

WHEREAS, The original plan was approved in 1986 and many of the changes consist of updating the language used to describe Bryant Park and the surrounding area; and

WHEREAS, The BID map has changed as well to include the building known as One Bryant Park, which will be shared with another BID, and

WHEREAS, The District Plan clarifies the assessment for the BID, which will not asses class C properties and not-for- profit, but will charge residential properties the same as commercial properties, which the joint committee encourages the City to reconsider; and

WHEREAS, The plan changes the dollar amount of the assessments to include the current rates and properties; therefore be it

RESOLVED, That Community Board Five recommends approval of the amended District Plan for the Bryant Park Business Improvement District.

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

WHEREAS, SCOTT LONG is asking for a permit to hold a CMJ music event in the north end of Union Square Park on Thursday, October 18, 2007 from 5PM until 8PM; and

WHEREAS, Mr. Long had originally asked for the South Plaza but agreed to the North end at the request of the committee; and

WHEREAS, The event is free of charge; and

WHEREAS, A mobile stage and sound equipment would be set up 1-2 hours before the 3 hour show, with a break- down of approximately the same time; and

WHEREAS, All appropriate sound permits will be obtained from the Police Department; and

WHEREAS, No merchandise will be sold, signage will be appropriate, and sound level will be moderate; and

WHEREAS, Mr. Long has successfully done such events at McCarron Pool; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Scott Long for a music event in Union Square Park on Thursday, October 18, 2007.

The above resolution passed with a vote of 31 in favor, 0 opposed, 2 abstentions.   

WHEREAS, Irene Makarchuk is applying for a permit to hold a live concert in the South Plaza of Union Square on Friday Sept 21 from 3PM – 7PM, including clean-up; and

WHEREAS, The event, with amplified sound and various performers and dancers, is a celebration of the International Day of Peace; and

WHEREAS, CDs, T-shirts and key-chains with the ‘peace’ theme will be given away free of charge, and there will be a box for donations to benefit children; and

WHEREAS, There might be a ceremony with the raising of the American Flag that will not involve the Park’s flagpole; therefore be it

RESOLVED, That Community Board Five recommends approval of the permit for Irene Makarchuk to hold a live concert in the South Plaza of Union Square Park on Friday Sept 21.

The above resolution passed with a vote of 31 in favor, 0 opposed, 2 abstentions.   

WHEREAS, Robert Studley has applied for a special event permit to hold a music performance by two bands in Union Square Park; and

WHEREAS, The applicant has agreed, at the recommendation of the committee, to change venue and date from the south plaza on Sunday, October 14, 2007 to the north plaza on Sunday October 14, 2007; and

WHEREAS, The performance, including setup and breakdown, will begin at 12:30 p.m. and end at 4:30 p.m., allowing one hour for each band to perform; and

WHEREAS, There will be no admission charged, or commercial signage for the events; and

WHEREAS, The applicant will get all appropriate permits for amplified sound; and

WHEREAS, No T-shirts, performer CD’s or other band related merchandise will be sold, and sampler CD's will be given away for free; therefore be it 

RESOLVED, Community Board Five recommends approval of a special event permit to hold a musical performance in Union Square Park on Sunday, October 14, 2007.

The above resolution passed with a vote of 31 in favor, 0 opposed, 2 abstentions.    

WHEREAS, The applicant, Tibetan Youth Congress, has applied for a permit to hold their Congressional Cultural Festival on Saturday October 20, 2007 in Union Square Park; and

WHEREAS, No one from the organization attended the meeting of the Parks committee held on August 27, 2007; and

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

 RESOLVED, That Community Board Five recommends denial of the permit for the Tibetan Youth Congress to hold their Congressional Gold Medal Celebration in Union Square Park in Saturday, October 20, 2007.

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention. 

WHEREAS, The applicant, Jeff Thomas, has applied for a permit to hold an event on Saturday, September 29, 2007 and October 13, 2007.in Union Square Park; and

WHEREAS, No one from the organization attended the meeting of the Parks committee held on August 27, 2007; and

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

 RESOLVED, That Community Board Five recommends denial of the permit to hold a musical performance in Union Square Park - south end on Saturday, September 29, 2007 and October 13, 2007.

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention.    

WHEREAS, Council Member Montserrat has introduced Bill Int. # 119 entitled the “Fair and Prompt Co-op Disclosure Law;” and

WHEREAS, Such law would require co-operative apartment corporations to provide a reason for rejection, in writing, to any prospective co-operative apartment purchaser to whom such corporation withholds its consent for such purchase; and

WHEREAS, Such law would greatly expand the opportunities for, and likelihood that, litigation would be brought on by any prospective purchaser of a co-operative apartment whose desire to purchase an apartment is denied; and

WHEREAS, Such law would subject individual board members to potential personal liability in any such lawsuits; and

WHEREAS, Most co-op boards are made up of residents of such co-ops who perform such duties on a voluntary basis without remuneration; and

WHEREAS, It is believed that the prospect of potential personal liability under this law would result in tenants being unwilling to volunteer as members of their co-op boards; and

WHEREAS, It is believed that compliance with the proposed law would lead to greatly increased legal and insurance fees for many or most co-operative apartment corporations; and

WHEREAS, It appears to this Board that the law can be circumvented by providing written reasons that fail to convey any substantive information; and

WHEREAS, Community Board Five is on record as being, and continues to be, opposed to discriminatory practices of all kinds in housing, whether on the basis of race, sex or sexual orientation, and

WHEREAS, No information has been presented to the Board concerning the prevalence or scope of co-op boards using discriminatory practices in approving prospective buyers for co-op ownership; and

WHEREAS, It is believed that the proposed law would fail to have any significant impact on any existing discriminatory practices in approving prospective buyers for co-op ownership; and

WHEREAS, It is believed that the proposed law would have an immediate and significant detrimental effect on both the economic health and stability of governance of co-operative corporations throughout this Community Board district and this city; and

WHEREAS, While Community Board Five understands that the intent of the proposed bill is to prevent discriminatory practices, it is not believed that this is the appropriate means of addressing such concerns, and Community Board Five is desirous of exploring other ways to address such issue; therefore, be it

RESOLVED, That Community Board Five opposes the passage of Intro No. 119, the Fair and Prompt Co-op Disclosure Law, and urges its City Council members to vote against such bill should it come before them for a vote.

The abovel resolution passed with a vote of 28 in favor, 3 opposed, 1 abstention.

WHEREAS, The Empire State Building is an individual landmark famous throughout the world, with a designated interior lobby; and

WHEREAS, Its Art Deco style office building lobby was designed by Shreve, Lamb and Harmon and built in 1930 -1931, with the lobby walls, floors, and ceiling all protected surfaces; and

WHEREAS, Community Board Five approved a security plan for renovating the lobby in June 2002 in the wake of possible threats to New York City Landmarks after the events of Sept. 11, 2001; and

WHEREAS, The owners and their architects have developed a Master Plan for further renovations to the lobby and certain other areas of the ground floor of the building; and

WHEREAS, The new lobby design will make entry turnstiles and other security elements less obtrusive by relocating them further away from public circulation areas in the lobby; and

WHEREAS, Signage, graphics, and maps, as well as storefront exteriors and interiors will be improved and made more harmonious with the original Art Deco design of the building; and

WHEREAS, The large backlit Eight Wonders of the World murals, a later addition to the lobby, will be removed to another part of the building, and the original marble surfaces will be restored with similar marble that is still available; and

WHEREAS, All surfaces with broken marble that were damaged by drilled holes will be restored; therefore be it

RESOLVED, That Community Board Five recommends approval of the Master Plan for the landmarked interior lobby of the Empire State Building, with the agreement of the management of the building that all care will be taken with all protected surfaces so that future restoration could be accomplished, with the exception of the four Building Directories detailed in the following resolution which is intended to be taken into consideration in conjunction with this recommendation.

The above resolution passed with a vote of 29 in favor, 0 opposed, 1 abstention, 1 present not entitled to vote.

WHEREAS, The Empire State Building is an individual landmark famous throughout the world, with a designated interior lobby; and

WHEREAS, Its Art Deco style office building lobby was designed by Shreve, Lamb and Harmon and built in l930 -193l, with the lobby walls, floors, and ceiling all protected surfaces; and

WHEREAS, Community Board Five approved a security plan for renovating the lobby in June 2002 in the wake of possible threats to New York City Landmarks after the events of Sept. 11, 2001, and

WHEREAS, The owners and their architects have developed a Master Plan for further renovations to the lobby and certain other areas of the ground floor of the building; and

WHEREAS, The Master Plan includes the removal of four original Building Directories, since the owners contend that their use has been rendered obsolete by new technologies and they are costly to maintain and update; and

WHEREAS, These Directories are deemed important elements of the original lobby design; therefore be it

RESOLVED, That Community Board Five recommends denial of the removal of the four Building Directories.

The above resolution passed with a vote of 29 in favor, 0 opposed, 1 abstention, 1 present not entitled to vote.

WHEREAS, 200 Fifth Avenue, known as the International Toy Center, is in the Ladies’ Mile Historic District and is a neo-Renaissance style store and loft building built in 1908 - 1909, designed by Maynicke & Franke; and

WHEREAS, Community Board Five recommended approval of a Master Plan for 200 Fifth Avenue in September 2002, when the previous owner contemplated changing the primary building occupancy from commercial to residential use; and

WHEREAS, The current owner is now rehabilitating the building for continuation as a commercial office building with ground floor retail occupancy; and

WHEREAS, The owner proposes to replace the existing glass and metal doors along the building line at the West 23rd Street entry, and install a new glass wall at the West 24th Street entry; and

WHEREAS, The owner agrees to preserve the ornamental metal gates and the vestibule spaces with coffered, vaulted ceilings at the West 23rd and West 24th Street entrances; and

WHEREAS, The owner proposes to modify the east elevation of the existing courtyard (which is entirely inside the building and only partially visible through the West 23rd Street entrance), with infill for approximately 8,000 to 10,000 additional square feet of commercial rental space within the courtyard, and construct a new curtain wall system within the courtyard; and

WHEREAS, The owner proposes to construct rooftop elements of not more than 10,000 square feet, and install new HVAC equipment on the roof, all not higher than 18 feet (lower in height than the previous owner proposed); and

WHEREAS, The rooftop addition and the courtyard infill collectively will not add more than the allowable FAR for the building; and

WHEREAS, All doors (exterior as well as interior) would be ADA accessible, and where feasible, those that have been altered will be restored or replicated in order to reflect the original design; and

WHEREAS, The owner has agreed to preserve and keep in good working order the landmarked sidewalk clock; therefore be it

RESOLVED, That Community Board Five recommends approval of the Master Plan for 200 Fifth Avenue and requests that any further additions or changes to this plan such as signage, awnings, etc, also be presented to the Board. The Board would also recommend that original materials be used wherever possible (such as cast iron in the restored bulkheads and in the storefronts).

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

WHEREAS, 120 Madison Avenue is a landmarked building designed by the eminent architect Stanford White, with a distinctive Federal Revival façade; and

WHEREAS, The building, opened in 1906, is the former “Colony Club,” a private women's club, and since 1963 has been occupied by the American Academy of Dramatic Arts; and

WHEREAS, The Applicant has filed a request with the Landmarks Preservation Commission for a Certificate of Appropriateness for the installation of an illuminated display cabinet on the façade of the building, measuring 30” wide by 36” high by 4” deep, and placed 63.5” up from the sidewalk, to be used to advertise special events at the Academy; and

WHEREAS, The proposed illuminated display cabinet is deemed not compatible with the façade of this historic landmark building and may cause damage to the façade if it is installed; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application for the proposed illuminated display cabinet for 120 Madison Avenue.

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

WHEREAS, 20 West 22nd Street, located between 5th and 6th Avenue in the Ladies’ Mile Historic District, is a neo-Renaissance 16-story store and loft building, designed by Louis Korn, and constructed in 1910 – 1911; and

WHEREAS, The owner has applied for a Certificate of Appropriateness for façade restoration, replacement of store front windows and installation of lighting fixtures; and

WHEREAS, The owner failed to provide sufficient information to Community Board Five, including photographs of the affected building areas proposed for change, description and details of the lighting fixtures intended to be installed, and samples of the materials proposed to be used as finishes; therefore be it

RESOLVED, Community Board Five recommends denial of the application to install new storefront infill at 20 West 22nd Street (Ladies’ Mile Historic District), based on inadequate information provided by the applicant.

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

WHEREAS, The Sixty-Ninth Regiment Armory, located at 68 Lexington Avenue on the block bounded by East 25th and 26th Streets and Lexington and Park Avenues, built between 1880 and 1906 and designed by Hunt & Hunt is a designated Landmark; and

WHEREAS, This building synthesizes its military function with classically inspired principles of Beaux-Arts design; is the home of "The Fighting 69th", an Irish Regiment that fought in the Civil War and both World Wars; and was the site of the International Exhibition of Modern Art, popularly known as the Armory Show; and

WHEREAS, New York State Office of General Services and Division of Military and Naval Affairs has applied for a Certificate of Appropriateness to renovate and modify various external and internal areas of the property to improve accessibility, as follows:

 Exterior - 25th Street Facade:

• Restore former west entrance (currently blocked over).  Replace existing steps with new ADA-compliant entrance including masonry wall and rails to match the building.
• Reverse existing entrance steps and landing, and restore to match the building.
• Install new elevator door opening at sidewalk level.

Interior - Phase 1

• One elevator will remain in its current location on the north side of the building (East 26th Street) and will be refitted with a new system.  The elevator is to remain dedicated for use by military personnel only.
• For non-military users, a second elevator will be added on the south side (East 25th Street) of the building.  The elevator will require a curb cut and DOT approval.
• A handicapped-accessible elevator will be added in the annex along with a new entrance vestibule, which will allow unassisted handicapped access to the Drill Hall.  The entrance vestibule will require modifications on the exterior so that the vestibule may be entered at grade level.
• Elevator doors will be re-sized to restrict vehicle passage to the drill floor level.
• Connection of the two freight elevators to an emergency generator back-up system will be provided.

Interior - Phase 2

• Excavation of the unexcavated basement area would allow the creation of additional parking without displacing existing storage facilities.
• Installation of a mechanical ventilation system to provide elimination of vehicle exhaust from the basement.
• Installation of a sprinkler system in the new parking area, and access areas for new elevators
• Addition of new floor drains in the new parking area;

Therefore be it

RESOLVED, Community Board Five recommends approval of the application for 68-70 Lexington Avenue, between 25th and 26th Streets (The Sixty-Ninth Regiment Armory), application to modify stair and side entrance.

WHEREAS, 30-32 West 21st Street, located between 5th and 6th Avenue in the Ladies' Mile Historic District, is a 12 story neo-Renaissance style store and loft building designed by Bushman & Fox and constructed in 1907; and

 WHEREAS, The landmarked building is being converted for residential use on the upper floors and the application includes:

• Installation of historically appropriate storefront infill for the first floor commercial space
• Creation of new window openings that are the same proportion as existing windows and not visible from the public way
• Construction of a two-story rooftop addition topped by a stairway bulk head
• Construction of a six- story side addition in an adjacent empty lot on the west side of the building that responds to LPC input for historic compatibility; and

 WHEREAS, The façade restoration will include the replacement of the missing 11th story and roof level cornices, and full cleaning of the façade by stripping paint that was added at a later date, returning the storefront entry to its original color; and

WHEREAS, Community Board Five would like to see the replaced cornices be cast-iron; and  

WHEREAS, The side addition will re-establish the "street wall," and require the removal of an unsightly exterior stairway and metal door that opens to the empty lot; and

WHEREAS,   Although the roof top addition is partially visible when viewed from the west approach to the building, as indicated in a mock-up of the roof top addition presented to Community Board Five; this factor is not deemed to be serious enough to detract from the other proposed property improvements that will benefit the Historic District; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to install storefront infill, create new window openings, construct a rooftop addition and a new building at 30 West 21st Street in the Ladies' Mile Historic District.

WHEREAS, The Building at 7 W. 54 St. (between 5 & 6th Aves.), AKA Lehman Mansion, is a landmarked building undergoing restoration and the current application is an addition to that project; and

WHEREAS, This application is for a three-story addition on top of the existing three-story rear extension and it will not be visible from any public way and it will only be visible from the rear of other adjacent buildings; and

WHEREAS, There was an earlier design proposal that would have filled in more of the rear yard, but after consultation with LPC staff the applicant reduced the bulk of the addition to the three stories currently proposed; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to construct a 3 story rear extension at 7 West 54th Street.

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

WHEREAS, Samuel Lord and George Washington Taylor founded the Lord & Taylor Company in 1826; and

WHEREAS, In 1913-14 it opened its Fifth Avenue store (moving from the Ladies’ Mile),  which was designed by the noted architectural firm of  Starrett & Van Vleck, who also designed the Saks Fifth Avenue flagship building; and

WHEREAS, The building is architecturally “notable for its restrained yet monumental character,” its tall, deeply recessed entrance with a grand arch and ornamental “L&T” emblem, its deep copper cornice and two-story colonnade at the top of the building; and

WHEREAS, Its most prominent feature - its large ground floor display windows - are famous for their built-in engineering features and for their extraordinary Christmas displays viewed by thousands over the years; and

WHEREAS, Lord & Taylor is the oldest department store chain in the United States and was the first major store on Fifth Avenue to name a female, Dorothy Shaver, as president in 1945, who is credited with opening the first branch store in America, and with instituting innovative concepts such as the personal shopper; therefore be it

RESOLVED, That Community Board Five recommends that Lord & Taylor be designated an individual New York City landmark because it is architecturally, culturally and historically significant.

The above resolution passed with a vote of 18 in favor, 10 opposed, 1 abstention.