Resolutions: December 2007

WHEREAS, The Church of Scientology wants to hold a street festival on 46th Street between 6th and 8th Avenues, on June 28th 2008; and

WHEREAS, The applicant is a religious organization; and

WHEREAS, The applicant will have no stage or sound equipment; and

WHEREAS, The applicant has been holding the same event for 4 years without complaints; therefore be it

RESOLVED, That Community Board 5 recommends approval of the street festival held by Church of Scientology on 46th Street between 6th and 8th Avenues, on June 28th 2008.

The above resolution passed by a vote of 18 in favor; 5 opposed; 2 abstaining.

WHEREAS, Coalition of Italo-American Association, Inc., Inc wants to hold a street festival on 7th Avenue between 45nd and 56th Streets, on May 25th 2008; and

WHEREAS, The applicant is a not-for-profit organization providing life saving surgery for disadvantaged children; and

WHEREAS, The applicant will have a stage and amplified sound with a live band on the 51st Street block and a crafts village for 1 block; and

WHEREAS, The applicant has been holding the same event for 17 years without complaints; therefore be it

RESOLVED, That Community Board 5 recommends approval of the street festival held by Coalition of Italo-American Association, Inc., on 7th Avenue between 45nd and 56th Streets, on May 25th 2008

WHEREAS, The applicant, 7 East 35th Street Condo wants to replace pavers with new pavers and integrate tree grates and simple exterior lighting; and

WHEREAS, The sidewalk is in great need of repair and is a tripping hazard; and

WHEREAS, The proposed sidewalk will be made of the same material as the existing sidewalk [pavers], and tree pits will be installed around the existing pits, 5 sconces will be installed on the façade and 1 decorative pendant light will be installed; and

WHEREAS, The proposed work is ADA compliant; and

WHEREAS, The applicant has a provision for a maintenance plan for the proposed sidewalk; therefore be it,

RESOLVED, That Community Board 5 recommends approval for replacement of the sidewalk with new pavers, installation of tree grates and simple exterior lighting at 7 East 35th Street.

The above resolution passed by a vote of 24 in favor; 0 opposed; 0 abstaining.

WHEREAS, Forum's Children Foundation, Inc wants to hold a street festival on 6th Avenue between 42nd and 56th Streets, on May 17th 2008; and

WHEREAS, The applicant is a not-for-profit organization providing life saving surgery for disadvantaged children; and

WHEREAS, The applicant will have no stage or sound equipment; and

WHEREAS, The applicant has been holding the same event for 17 years without complaints; therefore be it

RESOLVED, that Community Board 5 recommends approval of the street festival held by Forum's Children Foundation, Inc, on 6th Avenue between 42nd and 56th Streets, on May 17th 2008.

WHEREAS, The Friends of 13th Precinct Community Council wants to organize a street festival on Sixth Avenue, between 23rd and 33rd Streets on June 14, 2008; and

WHEREAS, The applicant has held a similar event for over 20 years in Community Board 6, where the 13th Precinct is located; and

WHEREAS, The applicant wishes to alternate between the two locations, and host the street festival in CB5 every other year; and

WHEREAS, Community Board 5 is inundated with street activity and has imposed a moratorium on new street fairs on avenues; and

WHEREAS, The event can still be conducted in Community Board 6, where it has been for more than 20 years; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for the 13th Precinct Community Council to hold on street festival on 6th Avenue between 23rd and 33rd Streets on June 14, 2008.

The above resolution passed by a vote of 22 in favor; 2 opposed; 0 abstaining.

WHEREAS, Innovative Community Enterprises, Inc wants to hold a street festival on Madison Avenue between 42nd and 57th Streets, on Monday May, 26th 2008 (Memorial Day); and

WHEREAS, The applicant is a not-for-profit organization providing music, theater and art programs to schools in New York; and

WHEREAS, The applicant will have no stage or sound equipment; and

WHEREAS, The block in front of St Patrick’s Cathedral will be empty and will have no vendors; and

WHEREAS, The applicant has been holding the same event for 14 years without complaints; therefore be it

RESOLVED, That Community Board 5 recommends approval of the street festival held by Innovative Community Enterprises, Inc, on Madison Avenue between 42nd and 57th Streets, on Monday, May 26th 2008 (Memorial Day).

The above resolution passed by a vote of 18 in favor; 5 opposed; 2 abstaining.

WHEREAS, The International Immigrants Foundation wants to hold a street festival on 6th Avenue between 42nd and 56th Streets, on June 15th 2008; and

WHEREAS, The applicant is a not-for-profit organization providing assistance to immigrants; and

WHEREAS, The applicant will have a stage and sound equipment with live music between 46th and 47th streets on a block exclusively commercial; and

WHEREAS, The applicant has been holding the same event for 20 years without complaints; therefore be it

RESOLVED, That Community Board 5 recommends approval of the street festival held by International Immigrants Foundation, Inc, on 6th Avenue between 42nd and 56th Streets, on June 15th 2008.

The above resolution passed by a vote of 18 in favor; 5 opposed; 2 abstaining.

WHEREAS, The Muslim Foundation of America wants to organize a street festival on Madison Avenue between 23rd and 26th Streets, on October 12th 2008; and

WHEREAS, The event is organized in conjunction with the Muslim Day Parade; and

WHEREAS, The applicant wants to install a stage occupying ½ of the block between 23rd and 24th Street with amplified sound; and

WHEREAS, The applicant estimates the number of people to attend to be 3000; and

WHEREAS, The previous year, the event generated complaints from residents because of noise, littering, and overcrowding; and

WHEREAS, In the past, the crowd from this event has dispersed in Madison Square Park, putting a strain on the park’s infrastructure, on the playground in particular, generating overcrowding and unsafe conditions; and

WHEREAS, Although the applicant has been holding the same event for 22 years, the demographics of the blocks have changed dramatically from commercial to residential with the street festival having a negative impact on residents; therefore be it

RESOLVED, That Community Board 5 recommends denial of the application to hold a street festival on Madison Avenue between 23rd and 26th Streets, on October 12th 2008.

The above resolution passed by a vote of 21 in favor; 3 opposed; 0 abstaining.

WHEREAS, The Young Republicans Club wants to hold a street festival on 7th Avenue between 45th and 56th Streets, on June 21st 2008; and

WHEREAS, The applicant is a not-for-profit political organization; and

WHEREAS, The applicant will install voter registration tables; and

WHEREAS, The applicant will have no stage or sound equipment; and

WHEREAS, The applicant has been holding the same event for 7 years without complaints; therefore be it

RESOLVED, That Community Board 5 recommends approval of the street festival held by Young Republicans Club, on 7th Avenue between 45nd and 56th Streets, on June 21st 2008.

The above resolution passed by a vote of 19 in favor; 5 opposed; 1 abstaining.

WHEREAS, 16 West 21st Street, on the south side of the street, between Fifth Avenue and Avenue of the Americas, is a two-story, garage building located in the Ladies Mile Historic District, built in 1942, and is a "No-Style" Non-Contributing building within the District; and

WHEREAS, The owner of the property is seeking approval to demolish the garage building (which at times was occupied by different nuisance nightclub establishments such as VIA) and is a non-contributing building; and

WHEREAS, The applicant is seeking approval to construct a new 14-story residential condominium building containing 12 residential units; and

WHEREAS, The new building will contain 20,252 sq. ft., which is less than the allowable 10 FAR 23,000 sq.ft., to comply with the Landmarks Commission requirement that it not exceed the height of the lower of the two adjacent buildings, or 14 stories, and

WHEREAS, The new building would have an innovative, non-obtrusive all glass block facade with half circle glass pilasters, which is clearly a departure from the historical facade materials found in the District but nevertheless is harmonious with the other buildings in the area; and

WHEREAS, It was not the intention of the architect to copy historical buildings, but to create a compatible modern design using elements and materials in a very conservative, subdued approach to the new facade; therefore be it

RESOLVED, Community Board Five recommends approval of the demolition of the existing 2- story garage building and the construction of the new 14-story residential building AT 16 West 21st street as proposed.

The above resolution passed by a vote of 25 in favor; 0 opposed; 0 abstention.

WHEREAS, 52 West 21st Street is five-story, commercial loft building located in the Ladies Mile Historic District, built in 1862, altered in 1911 by the addition of a new cast iron façade; and

WHEREAS, The applicant would like to renovate and change the use of the upper floors from commercial to residential, and

WHEREAS, The applicant has conducted probes of the facade at the recommendation of the Landmarks Committee of CB 5, with the consent of the NYC Landmarks Preservation Commission Staff, yet failed to provide sufficient detail regarding elements of the plans, such as:

• materials to be used to replicate the prior cast iron horizontal panels between floors (rather than alternatively replacing the cast iron with Terra Cotta tiles)
• evidence that any decorative ornamental cast iron would be appropriate to the district/period
• type and operation of replacement widows on the upper floors and specifications and details  in the windows of child safety guards proposed to be installed
• proposed design for the building parapet, and

WHEREAS, certain elements of the existing building facade are not appropriate to the district and are not being addressed at this time, such as;

• a box-shaped awning with signage, rather than a sloping awning with signage on the apron of the awning and
• an existing all glass first-floor store front, out of character in the Historic District;

 Therefore be it,

RESOLVED, that the Landmarks Committee recommends denial of the application to renovate the building and to secure a Certificate of Occupancy for the commercial and residential uses at 52 West 21st Street.

WHEREAS, New York Public Library, Main Branch, 476 Fifth Avenue, between West 40th and West 42nd Streets, is a celebrated individual New York City Landmark famous throughout the world, designed in 1897 in a competition won by the architectural firm, Carrere & Hastings; and

WHEREAS, The Library is applying for approval of the construction of a penthouse addition on the northerly side of the rooftop to house new heating and cooling mechanical equipment; and

WHEREAS, This approval is required to replace the malfunctioning HVAC equipment at the top of the building, which is leaking to the rooms directly below; and

WHEREAS, These rooms contain rare documents and book archives that are endangered by the existing conditions; and

WHEREAS, At the request of the Landmarks Commission a mockup of the proposed penthouse has been constructed on the roof of the Library and is not visible from the street, and

WHEREAS, Approximately five years ago the Library obtained approval for a similar penthouse addition, as is now being proposed, that was constructed on the southerly side of the building rooftop; and

WHEREAS, The new, proposed rooftop addition will mimic the southerly penthouse and will provide symmetry to the Library's exterior since it will have an identical appearance when viewed looking down from higher surrounding buildings; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for the penthouse addition to contain HVAC equipment on the north side (with no interior alterations or restoration work to be performed - as initially indicated to CB 5 - other than the work necessary in connection with the new construction).

The above resolution passed by a vote of 23 in favor; 0 opposed; 0 abstentions; 2 present not entitled to vote.

WHEREAS, 600 Fifth Avenue (between 48th and 49th Streets) and 1 Rockefeller Plaza (between 48th and 49th Streets) have made an application to the Landmarks Preservation Commission to install storefront infill and modify certain signage, and since both buildings are adjacent individual landmarks in Rockefeller Center, the Board determined to treat the two applications together; and

WHEREAS, On the 49th Street side of 600 Fifth Avenue, the north façade and the western return of the façade will be modified as follows:

• removing the existing bronze signage panel over the storefront and replacing the doorway with a bronze revolving door and two ADA-compliant swing doors; and
• installing two new storefront windows and a new window on the western façade and removing the non-original, illuminated sign boxes above the windows and installing over each of the three windows, a new black-back painted glass sign band with bronze letters matching other typical Rockefeller Center storefronts, while maintaining the existing outer bronze frame and sill; and

WHEREAS, On the 48th Street side of 600 Fifth Avenue, the storefront at the western end of the façade will be modified as follows:

• installing over the storefront, a new black-back painted glass sign band with bronze letters matching other typical Rockefeller Center storefronts, while maintaining the existing side windows and the outer bronze frame and sill and the original storefront planters; and
• replacing the existing window above the doorway with a window and frame to match the existing windows on each side of the storefront; and

WHEREAS, On the 48th Street side of 1 Rockefeller Plaza, the storefront at the eastern end of the façade will be modified as follows:

• replacing the existing all glass storefront door with a new bronze and glass door similar to the storefront doors throughout Rockefeller Center; and
• replacing the existing street level divided window with a new single window and frame to match the existing windows at 1 Rockefeller Plaza; and
• installing over the storefront and the street level window, a new black-back painted glass sign band with bronze letters matching other typical Rockefeller Center storefronts, while maintaining the existing glass windows over the new signage; and

WHEREAS, The proposed changes to the storefronts, signage, and windows at 600 Fifth Avenue and 1 Rockefeller Plaza are similar to and harmonious with the existing storefronts, signage, and windows in Rockefeller Center and such changes improve the façades of 600 Fifth Avenue and 1 Rockefeller Plaza; therefore be it

RESOLVED, that Community Board Five recommends approval of the application for the modification of certain of the storefronts, signage, and windows at 600 Fifth Avenue and 1 Rockefeller Plaza.

N080045 ZAM APPLICATION BY GLADDEN PROPERTIES, LLC ("BOSTON PROPERTIES"), SHUBERT AND BOOTH THEATER, LLC (COLLECTIVELY, THE "APPLICANTS") FOR AUTHORIZATION  BY THE CITY PLANNING COMMISSION PURSUANT TO SECTION 81-744(B) OF THE ZONING RESOLUTION, PERMITTING  THE TRANSFER OF 48,204 SQUARE FEET OF AIR RIGHTS FROM THE BOOTH THEATER AND THE SHUBERT THEATER TO 250 WEST 55TH STREET

WHEREAS, The Shubert Theater, located at 225 West 44th Street, and the Booth Theater, located at 222 West 44th Street,  (together, the "Theaters") are legitimate theaters listed in ZR §81-742 and are permitted by the terms of ZR§81-744 to transfer unused air rights to a development site within the Theater Subdistrict; and

WHEREAS, ZR§81-744(a) permits the transfer of unused air rights by certification of the Commissioner of City Planning provided that: (a) the amount of floor area to be transferred increases the amount of floor area allowable on the receiving site by no more that 20%; (b) the allowable floor area of the granting site is reduced by the amount of floor area transferred; (c) the owner of the granting site agrees to continue the use of the granting site as a  legitimate theater for so long as the building constructed by using the transferred development rights is in existence; (d) and an amount of money equal to $14.91 for each square foot of development rights transferred is contributed to the Theater Subdistrict Fund; and

WHEREAS The Applicants have applied for a certification with regard to the transfer of 109,432 square feet of development rights from the Theaters to a receiving site at 250 West 55th Street for a proposed new commercial building; and

WHEREAS, ZR§81-744(b) permits the transfer of additional air rights (up to an increase of 20%) to development sites located in the Eight Avenue Corridor, provided that the proposed development (a) relates harmoniously to structures and open space in the vicinity and (b) serves to enhance or reinforce the general purposes of the Theater Subdistrict; and

WHEREAS,  The Applicants have applied for a authorization with regard to the transfer of 48,204 square feet of development rights from the Theaters to a receiving site at 250 West 55th Street, thereby permitting construction of a building totaling 689,362 square feet; and

WHEREAS, The proposed building is attractive in design, has a set-back tower and a 57' high retail and commercial base that is reflective of the massing of nearby townhouses, wide sidewalks, a third floor green landscaped terrace and is anticipated to earn LEED Gold status; and

WHEREAS; The Applicants have proposed making a 3,000 square foot space at ground level on 54th street available to theater related uses at favorable rents; and

WHEREAS, While no formula exists to determine what action would cause a development to "enhance or reinforce the general purposes of the Theater Subdistrict", a prior development receiving an authorization for the transfer of  28,900 dedicated approximately 3,000 square feet of commercial space at below market rent to be used by theater companies; and

WHEREAS, The Theater Subdistrict Council has now been created, to receive, manage and disburse funds paid to the Theater Subdistrict Fund: and

WHEREAS, Applicants have agreed to contribute $2,350,353 to the Theater Subdistrict Fund pursuant to both applications; and

WHEREAS, One existing building on the proposed development site still has rent-stabilized tenants who have not yet agreed to be relocated; therefore, be it

RESOLVED, That Community Board Five recommends approval with regard to the Application for a certification by the City Planning Commission pursuant to ZR§ 81-744(a), permitting  the transfer of air rights from the Theaters to 250 West 55th Street; and be it further

RESOLVED, That Community Board Five takes no action with regard to the Application for a authorization by the City Planning Commission pursuant to ZR§ 81-744(b), permitting  the transfer of air rights from the Theaters to 250 West 55th Street, however, the Board strongly urges the following:

• Boston Properties explore dedicating a larger space, suitable for theatrical performances and rehearsals as part of its commitment to enhancing the Theater District;

• A financial structure, insuring the affordability of the theater space for the present and future, be entered into, and put in binding form, before the authorization is granted;

• The members of the Theater Subdistrict Council, representatives of elected officials and the Community Board participate in the discussions regarding the theater space;

• In order to insure continued compliance with the Zoning Resolution and any specific agreements entered into as a part of the authorization process, the By-laws of the Theater Subdistrict Council be amended to include monitoring spaces dedicated to theater related purposes;

• Boston Properties explore additional methods of making the proposed building more environmentally friendly, including ways to raise its anticipated LEED rating, including the addition of bicycle racks;

• Boston Properties make every effort to reach satisfactory relocation agreements with the existing residential tenants on the site, and ameliorate conditions regarding adjacent buildings during the demolition process.

The above resolution passed by a vote of 27 in favor, 0 opposed, 1 abstention.

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 7, 2008 and Sunday, June 8, 2008 between the hours of 12Noon and 6PM; 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, Set up will begin late Thursday evening and early Friday morning before the event and cleanup following the event on Sunday, June 8th; and

WHEREAS, The applicant has agreed to leave the park and surrounding area in pristine condition; and

WHEREAS, This event is a fund raiser for the Madison Square Park Conservancy with a minimum donation of seventy five thousand dollars expected; and

WHEREAS, This event is open to the public; and

WHERAS, This event brings an exciting part of Americana to NYC; and

WHEREAS, A meeting was held on November 1, 2007 with representatives from Parks, DOT, MTA, Sanitation, NYPD Flatiron BID, Madison Square Park Conservancy and Union Square Hospitality. There were also representation from residential buildings; and

WHEREAS, All the agencies agreed that they had the resources to make this a better event even though it is the same day as the Puerto Rican Day Parade; and

WHEREAS, The refrigerated trucks will either be moved to 24th St. or a new type of vehicle that is quiet will be used on 25th St as not to disturb those living on the block. There was discussion about what would be placed on 24th and 25th Streets as to cause the least impact on the residents of 25th St.; and

WHEREAS, During the set up Thursday evening/Friday morning the police will have a presence to make sure this is done in as quiet a manner as possible as not to disturb those living around the park; and

WHEREAS, MTA and DOT agreed to let the public know in advance that buses will be rerouted during the event. MTA will provide additional crews to keep the 23rd Street Station clean during the event as well as staff to help with directions. Dispatchers will be at bus stops and the police will make sure that no one is parked in the bus stops. The police will also monitor for double parking; and

WHEREAS, The police will provide traffic officers to cover the corners of 23rd and Broadway and 23rd and Madison to keep traffic moving and watch out for the pedestrians crossing. At best these corners are dangerous but with an additional fifty thousand people each day they are disasters waiting to happen. The officers there will make those corners safer; and

WHEREAS, Sanitation has agreed to make extra pickups of the trash throughout the area. It was asked that this be done south of the park as well as north. The Flatiron BID asked for the entire BID district and it was agreed. The BID staff will bag all the trash in receptacles for pickup. This will keep the entire surrounding area as clean as possible. There was an abundance of trash throughout the area due to the event; and

WHEREAS, Within the Park the police will have their full complement of staff as well as the security from the event. It was agreed that crowd control was needed particularly near the 23rd and Broadway entrance. There was discussion about the crowds there in particular because of the stage and the area for beer. There needs to be a better flow there and this will be addressed; and

WHEREAS, The beer area will again be cordoned off and the permits from the SLA will be posted; and

WHEREAS, Music was also an issue and there was discussion about the volume of the music and length of the sets. The Union Square Hospitality Group will reduce the volume and cut the number of sets; and

WHEREAS, The playground is also of great concern. The crowds in that space are really too large to be safe. Although the Parks Dept. representative told us that no one could be turned away they would have a PEP officer there to make sure no one entered who didn't have a child and that the play was under control; and

WHEREAS, Since there is concern with the number of children in the playground it was suggested that the BABBQ hold something for the children in the tents on either 24th or 25th Sts. Some kind of entertainment, maybe puppets, was mentioned. Union Square Hospitality continues to look for children's entertainment; and

WHEREAS, After many conversations and meetings with all parties involved that this very large event can be held with great improvement; therefore be it

RESOLVED, That Community Board Five recommends approval of the Big Apple BBQ.

WHEREAS, The applicant, The Four One One NYC, a not for profit church in NYC has applied for a permit to hold an event on December 21, 2007 and December 22, 2007 in Herald Square; and

WHEREAS, This event will take place between 9AM and 3PM with and hour before and after for set up and cleanup; and

WHEREAS, This is a free holiday gift wrapping; and

WHEREAS, All the gift wrapping is done by volunteers from various part of the country; and

WHEREAS, This event has been held successfully in the past at various locations throughout Manhattan; and

WHEREAS, There is no amplified sound or music; and

WHEREAS, There is no commercial aspect to the event; and

WHEREAS, The 34th Street partnership has asked the applicant to also distribute free hot chocolate and coffee; and

WHEREAS, The applicant will clean up all the trash; therefore be it,

RESOLVED, That Community Board Five recommends approving the permit.

WHEREAS, 16 West Enterprises LLC, is applying for a new liquor license at the premises 16 West 22nd Street (in the Flat Iron district); and

WHEREAS, The liquor license for the premises was suspended and ultimately revoked by the SLA early this year; and

WHEREAS, The applicant, Robert Watman, came before CB 5's Public Safety/Quality of Life Committee (PSQL) on December 10, 2007, and CB 5 would like to make it clear that our position is in no way a reflection on the applicant or on the establishments he has been operating at other locations; and

WHEREAS, The committee explained that in spite of a three-block moratorium on 20th, 21st, and 22nd Streets, between 5th and 6th Avenues (see attached  resolution), we do investigate all applications; and 

WHEREAS, For many years (approximately 15) the existence of a liquor license at this location has adversely affected the quality of life on 22nd Street and the surrounding area; with a sustained and continuing pattern of noise, disturbance, misconduct and disorder in the licensed premises, in front of or adjacent to the licensed premises, or in the parking lot of the licensed premises, which has adversely affected the health, welfare and safety of the inhabitants of the area in which the licensed premises are located; and

WHEREAS, This location, one of the largest venues in CB5 with a total of 20,000 square feet and a capacity of 2,000, has been plagued with drug dealing and violence, in particular, a shooting in October of 2004 and another in April of 2005; and

WHEREAS, CB 5 has been on record with the State Liquor Authority (SLA) that, no matter who held the liquor license, this location has been one of the worst problem locations in the neighborhood, in fact in the entire CB 5 district; and

WHEREAS, The police have been on record that is one of the worst problem locations in their precinct (13th)

Criminal Report

1/30/06               Assault

06/06                  Grand Larceny

09/06                  Grand Larceny

2/09/07               No Security Guard on premises

11/11/07              Unreasonable Noise; and

WHEREAS, According to police records, there has been a 44% increase in crime within the Flatiron District club zone in the last year; and

WHEREAS, There are over 130 liquor licensed establishments in the Flat Iron area; and 

WHEREAS, The police estimate that this neighborhood is getting 30,000 people over an extended weekend, 10,000 nightly; and

WHEREAS, CB 5's position is in response to a neighborhood that has been inundated and plagued by an extremely high number of liquor licensed establishments all within a four-block area, which includes three of the largest venues in CB 5 and in the NY Metropolitan area; and

WHEREAS, The demographics of this area have changed with a dramatic residential increase:

4 West 21st Street
New - 54 dwellings

52 West 22nd Street                     

Conversion/New - 5 dwelling units(currently on the market)

141 Fifth Avenue                          

Conversion - 40 (approx) dwelling units

35 West 21st Street/38 W 22       

Under Construction - 109 dwelling units

30 West 21st Street                      

Conversion - 18 dwelling units

52 West 21st Street                      

Renovation - 4 dwelling units

16 West 21st Street
Demolition/New Constr. - 14 Story residential building

160 Fifth Avenue     

Sold Dec 2005 - plans unknown

8-14 West 22nd St. and 7-13 West 21st St.             

Rezoned in 2004/05 - Up to 311 dwelling units;

therefore be it

RESOLVED, That Community Board Five DOES NOT RECOMMEND approval of the liquor license for 16 West Enterprises, LLC," located at 16 West 22nd Street or for any other liquor license at this location; and be it further

RESOLVED, For all of the above reasons, Community Board Five recommends that a Proscription be placed, prohibiting the issuance of a liquor license for any part of the licensed premises at 16 West 22nd Street.

WHEREAS, 2427 Restaurant Corp., d/b/a "Eugene's/Gypsy Tea Room," is requesting renewal of the liquor license for the premises at 27 West 24th Street; and

WHEREAS, This is a large venue with an occupancy of over 900; and

WHEREAS, Over the last two years, CB 5 has received numerous complaints regarding the negative impact the patrons of this establishment have had on the residents on and around 24th street; and

WHEREAS, Police reports show a number of violations/incidents (see attached):

WHEREAS, Over the past two years, there have been significant complaints from both the business and residential communities and a significant number of representatives from both communities attended CB 5's Public Safety/Quality of Life Committee (PSQL) meeting on December 10, 2007 to voice their concerns and pleas to recommend denial of this liquor license; and

WHEREAS, 2724 Restaurant Corp. d/b/a "Eugene's," the holder of the liquor license is currently doing business as "The Madison" and "Gypsy Tea Room," (two separate d/b/a's/entities), which is not allowable under the ABC law that states that there can only be one d/b/a doing business under a liquor license; and

WHEREAS, 2427 Restaurant Corp. has filed for bankruptcy in the US Bankruptcy Court for the Southern District of NY and has a voluntary petition for relief under Chapter 11 of the Bankruptcy Code; and

WHEREAS, The corporation has a management company operating with an independent monitor that has reported that they do not have sufficient security staff; and

WHEREAS, The Monitor's report cites incidents of underage drinking on the premises; and

WHEREAS, CB 5 is concerned as to the judgment shown on the part of the operators regarding underage drinking, since the club(s) were appealing specifically to an "18 and over" crowd; and

WHEREAS, The Monitor's report also includes but is not limited to the following incidents within the club:

9/28/07 – summons for disorderly premise (security hit patron with flashlight)

10/13/07 – underage drinking

10/19/07 – male patron hit female patron with bottle – police called

10/05/07 – undercover operative – observes people getting in without id check; and

WHEREAS, The management company that has been operating "The Madison" and the "Gypsy Tea Room" plans to use the premises as a production and event space in addition to a lounge and club; and

WHEREAS, The management company also plans to put someone in charge who has no experience in the nightlife business and the two people working with him who have experience are both from clubs that have been a blight on CB5 for the past 15 years, i.e., "Club Deep," "Club Avalon," "The Tunnel," etc.; and

WHEREAS, With the imminent departure of Eugene DiNino, the current holder of the liquor license, the board has concerns regarding who would be involved were the license to be renewed; and

WHEREAS, The demographics of this area have changed with a dramatic residential increase:

4 West 21st Street
New - 54 dwellings

2 West 22nd Street
Conversion/New - 5 dwelling units (currently on the market)

141 Fifth Avenue                                        

Conversion - 40 (approx) dwelling units

35 West 21st Street/38 W 22nd Street
Under Construction - 109 dwelling units

30 West 21st Street                                    

Conversion - 18 dwelling units

52 West 21st Street                                    

Renovation - 4 dwelling units

16 West 21st Street
Demolition/New Constr. - 14 Story residential building

160 Fifth Avenue                                        

Sold Dec 2005 - plans unknown

8-14 West 22nd St. and 7-13 West 21St.
Rezoned in 2004/05 - Up to 311 dwelling units

20 East 23 St.                                               

New Construction - Residential

5th bet. 26/27 Sts.                                       

Conversion - Residential (open)

Toy Bldg. No.                                              

Conversion - Comm. To Residential

WHEREAS, This club has been cited by the police as one of the biggest problem clubs in the 13th Precinct; therefore be it

RESOLVED, That Community Board Five DOES NOT RECOMMEND APPROVAL of the renewal of the liquor license for 2427 Restaurant Corp., d/b/a "The Madison"/"Gypsy Tea Room," located at 27 West 24th Street.

WHEREAS, Flat Iron Entertainment, LLC d/b/a "Avalon" (formerly "The Limelight") is applying for renewal of their on-premises liquor license at 47-49 West 20th Street a/k/a 656 6th Avenue; and

WHEREAS, This individually-landmarked building, in an historic district, has been allowed to deteriorate over the years into deplorable condition; and

WHEREAS, For over two decades, residents, property owners and businesses have suffered from the extreme noise, vehicular congestion, belligerent crowds, litter, traffic problems, pedestrian concentration, as well as vandalism, incidents of violence and general disorder that accompany this high density of liquor licensed establishments; and

WHEREAS, Community Board Five recognized the hardship the residents endured for over two decades as this neighborhood evolved from a light-manufacturing district with a special permit for residential use into a predominantly residential neighborhood and opposed the granting of a new on-premises liquor license in 2001 for Flatiron Entertainment due to the size of the premises and the impact the high volume of vehicles and the number of patrons would have on the neighborhood; and

WHEREAS, This area has been rezoned as "as-of-right residential" resulting in at least a tripling of residential dwellings; and

WHEREAS, Despite the community board's objection, a liquor license was issued in 2001 as a result of a 500 ft. Hearing, according to the SLA, "specifically because of the reputation of one of the principals, John Blair," who, among other reasons, had ties to the community and claimed the need to serve a "diverse" community; and

WHEREAS, Section 111 of the ABC Law reads: "A license issued to any person, pursuant to chapter one hundred eighty of the laws of nineteen hundred thirty-three or this chapter, for any licensed premises shall not be transferable to any other person or to any other premises or to any other part of the building containing the licensed premises except in the discretion of the authority.  It shall be available only to the person therein specified, and only for the premises licensed and no other except if authorized by the authority;" and

WHEREAS, John Blair is no longer a principal and has no ties at all to Flat Iron Entertainment, LLC, and the original principals listed in 2001 have since changed 100%: and

WHEREAS, Community Board Five believes this "change of ownership" goes against the spirit and/or intent of the law and is really a "transfer in disguise" that prevented the community board from having any input or information regarding the new owners and more importantly circumvented the "500 Foot Hearing" that would have afforded the board and the community the opportunity to opine if treated as a transfer; and

WHEREAS, The applicant and it's representative were not forthcoming in response to basic questions presented by the committee, i.e., matters of ownership and management; and

WHEREAS, For many years the existence of a liquor license at this location has negatively impacted the quality of life on 20th Street and the surrounding area; with a sustained and continuing pattern of noise, disturbance, misconduct and disorder in the licensed premises, and in front of or adjacent to the licensed premises, which has adversely affected the health, welfare and safety of the inhabitants of the area in which the licensed premises are located; and

WHEREAS, This location, one of the largest venues in CB5 with a total of  20,000 square feet and an approximate capacity of 1,800 to 2,000 as per the applicant, has been reports of drug dealing and violence; and

WHEREAS, CB 5 has been on record with the State Liquor Authority (SLA) that, no matter who held the liquor license, this location has been one of the worst problem locations in the neighborhood, in fact in the entire CB 5 district; and

WHEREAS, The police precinct (13th) has been on record that this has been one of the worst problem locations in their precinct (see attached); and

WHEREAS, There are over 130 liquor licensed establishments in the Flat Iron area; and 

WHEREAS, The police estimate that this neighborhood is getting 30,000 people over an extended weekend, 10,000 nightly; and

WHEREAS, According to police records, there has been a 44% increase in crime within the Flatiron District club zone in the last year; and

WHEREAS, The demographics of this area have changed with a dramatic residential increase:

4 West 21st Street                                   

New - 54 dwellings

52 West 22nd Street                                

Conversion/New - 5 dwelling units(currently on the market)

141 Fifth Avenue                                       

Conversion - 40 (approx) dwelling units

35 West 21st Street/38 W 22               

Under Construction - 109 dwelling units

30 West 21st Street                                 

Conversion - 18 dwelling units

52 West 21st Street                                 

Renovation - 4 dwelling units

16 West 21st Street                                 

Demolition/New Constr. - 14 Story residential building

160 Fifth Avenue                                       

Sold Dec 2005 - plans unknown

8-14 West 22nd St. and7-13 West 21st St.
Rezoned in 2004/05 - Up to 311 dwelling units

RESOLVED, That since the original 2001 license was issued because of the reputation of one principal, John Blair, Community Board Five opposes the renewal of the on-premises liquor license for 47 West 20th Street a/k/a 656 Sixth Avenue, Flat Iron Entertainment LLC d/b/a "Avalon," on the grounds that when the ownership was completely changed (specifically the departure of John Blair), the application should have been considered a transfer, prompting a 500 Foot Hearing; and be it further

RESOLVED, That Community Board Five opposes the renewal also due to the size of these premises, the number of patrons and the high volume of vehicles that are negatively impacting this neighborhood; and be it further

RESOLVED, For all of the above reasons, Community Board Five recommends that this license be revoked and a Proscription be placed on the premises, prohibiting the issuance of a liquor license for any part of the licensed premises at 656 Sixth Avenue aka 47-49 West 20th Street.