WHEREAS, New York City Parks and Recreation has proposed to redesign the northern end of Union Square Park; and

WHEREAS, Union Square Park and the north plaza of Union Square are highly valued public spaces that serve many constituencies, including local residents, businesses, park visitors, playground users, the Green Market and many others; and

WHEREAS, Funding has been provided from public and private sources, including the Union Square Partnership, Councilmember Margarita Lopez, the City of New York and private donations; and

WHEREAS, The Union Square Partnership and the Department of Parks and Recreation appeared before Community Board Five in February 2005; and

WHEREAS, Community Board Five passed a resolution in support of their original proposal which has since been modified; and

WHEREAS, Union Square has traditionally been a place for free speech and public assembly and is recognized in the State and National Registers of Historic Places because of this use; and

WHEREAS, Any proposal for the redesign of the park and plaza must balance the many uses of the park's constituents; and

WHEREAS, Consultation took place between the Union Square Partnership and New York City Parks and Recreation regarding a potential redesign of the north end of the park, including the playground areas, pavilion and the north plaza; and

WHEREAS, As a result of these consultations, the Union Square Partnership contracted Michael Van Valkenberg Landscape Architects to develop potential design concepts for the north end of the park and the plaza; and

WHEREAS, As part of the design process, Community Board Five, NYC Department of Parks and Recreation and the Union Square Partnership sponsored numerous meetings with local residents, businesses, park users and interested community organizations to solicit input into the design; and 

WHEREAS, A final design was presented to Community Board Five at a public meeting on Monday, January 30, 2006; and

WHEREAS, Elements of the final design include the following:

Playground

• Consolidate two existing play spaces into one continuous, enlarged playground (enlarged from 5,100 square feet to 14,687 square feet) with distinct age-specific play areas that encourage creativity through landforms, play equipment and open spaces with child sized hills, and a planted perimeter.  Sand, water and plants will be incorporated into the playground.

• The playground is designed to be accessible to wheelchairs as well as baby strollers.

• A unisex bathroom with changing table, accessible only from the playground for use by children and their guardians, will be located on the east side of the pavilion.

• Design was conceived with security and sight lines in mind.  Parks security, Parks employees as well as a playground associate will be available as added security.

Northern Gateway Plaza

• Addressing its history as an urban gathering space, the plaza will be repaved using materials able to withstand the greenmarket's requirements as it relates to truck usage as well as drainage. Asphalt blocks are proposed to create an integration of the plaza perimeter with the park as a continuation of the southwest corner renovation. 

• Along 17th street, 8 trees will be planted flush to the ground with improved drainage.  Space between the trees will be a minimum of 20 feet. 

• A sidewalk will be built along 17th Street to provide protections for pedestrians by delineating park/sidewalk and the street.

• Additional shaded public seating as well as trees will be placed along the north façade of the pavilion.

• Construction will be phased (working with the Green Market) to minimize impact with operations.

• Public bathrooms accessible from the north side will be built along the east side of the pavilion for use by all park patrons as well as the greenmarket.

• Increased and historically sensitive lighting to be installed.

• The design has been developed in consultation with the managers of the Green Market without objection.

Concession

• Restoration of the pavilion with the main entrance on the north side. The concessionaire will be responsible for a full restoration of the pavilion. 

• The proposed seasonal café will occupy less area than what is occupied currently by the existing concession.   Access to the pavilion will be available to the public when the concession is closed.

• Additional public seating will be installed along the north side of the pavilion.

• Internal exhaust will go through an existing chimney.

• Waste bin storage has been positioned with little visual impact, minimal space requirements and in keeping with the park's aesthetics.

Parks and Recreation Office and Storage

• A park maintenance yard will be added on to west of the new bathroom structure to increase storage for Parks Department staff.

• A new basement of the building will be excavated of approximately 1,000 square feet to create locker rooms, showers, and increased office space; and

WHEREAS, Many in the community have expressed concern regarding a seasonal food concession with high prices and limited access; and

WHEREAS, The renovation of Union Square North and full restoration of the pavilion is not contingent on a concessionaire; and

WHEREAS, The proposal calls for the use of the Pavilion as a seasonal concession, and Community Board Five has been traditionally concerned with commercial concessions and their accompanying signage in public parks; and

WHEREAS, Any concession would go through an RFP review process and the Parks Department has assured the Board an opportunity to opine on the draft RFP prior to its release, as was done in that case of the Madison Square Park Food Kiosk; and

WHEREAS, Community Board Five recommends that the RFP should not be limited to restaurateurs, but should be open to other entities such as cultural and community groups; and

WHEREAS, The Parks Department has agreed to require any concessionaire to offer low cost items such as take-out food service in the case of a café; and

WHEREAS, Community Board Five strongly encourages the Parks Department to pursue funding from elected officials, the State and alternate sources in lieu of a seasonal café; and

WHEREAS, The Board is also concerned with the possible elimination of tables and chairs for public seating in the concession area; and

WHEREAS, The Parks Department has agreed to look closely at all prudent options for increasing public seating both portable and fixed, including opening up portions of the space south of Lincoln's statue to temporary tables and chairs; and

WHEREAS, If the RFP results in a seasonal café, the Parks Department has agreed to provide community, non-commercial programming and uses such as crafts area, theatre, etc, during the off season; and

WHEREAS, The Parks Department has agreed to evaluate all options in either fast tracking or phasing the playground construction in order to minimize closure time and possibly open alternative space in the park for supervised play in the interim; therefore be it

RESOLVED, Community Board Five supports the overall design of the north end of Union Square Park and the plaza as described above except for the bathroom structure, the design of which has not been presented; and be it further

RESOLVED, Community Board Five requests the Parks Department return to the Board with the specific design of the bathroom structure before the plan moves forward; and be it further

RESOLVED, Community Board Five requests that the Parks Department increase the handicap accessibility of the playground as well as adding additional playground elements that are handicap accessible; and be it further

RESOLVED, Community Board Five requests that the Parks Department include opportunities for other organizations, such as cultural institutions, community groups, etc. to submit proposals for the pavilion in addition to restaurateurs, and that the Board be given full opportunity to opine on the RFP prior to its release.

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 10th and Sunday, June 11th ; and

• A Street Activity permit for Saturday, June 10th and Sunday, June 11th on Madison Avenue, between East 23rd and East 26th Streets and 24th Street, between Park Avenue South and Madison Avenue, and

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

WHEREAS, Community Board Five request that the New York Police Department supervise the set up and break down Friday night before and Sunday night after the event to minimize noise to the surrounding community; and

WHEREAS, The applicant has agreed that sponsorship will benefit the community; and

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

WHEREAS, Community Board Five recommends that all seating in the park be open to the public; therefore be it

RESOLVED, Community Board Five recommends approval of the application by Union Square Hospitality Group a Street Activity and Parks Special Event permit.

WHEREAS, The Sikh Cultural Society ("the applicant"), has applied for

• a special events permit for the use of Madison Square Park for a post-parade cultural event on April 29, 2006; and

• A Street Activity permit for April 29, 2006 on Madison Avenue, between East 23rd and East 27th Streets, and

WHEREAS, Set-up would begin at 10:00 a.m. and clean-up would end by 6:00 p.m., with the event itself running from noon to 6:00 p.m.; and

WHEREAS, There will be an expected 8,000 attendees at this event; and

WHEREAS, Food at the event is distributed free of charge; and

WHEREAS, This event has occurred in Madison Square Park for the last 8 years, with no complaints about this event; and

WHEREAS, The applicant remains aware of the continuing concerns of both the residential community and New York City Parks & Recreation employees about noise, liter, property damage, and security as they relate to the use of Madison Square Park for large-scale special events; and

WHEREAS, The applicant agreed to either move their stage from 23rd Street and Madison Avenue northward to 24th Street or to stage the speakers from 23rd Street to 24th Street with lower sound levels; and

WHEREAS, Community Board Five continues to encourage the police to monitor the sound level at events in and around Madison Square Park; and

WHEREAS, The applicant has agreed that the park will be left cleaner than they originally find it; and

WHEREAS, The applicant has agreed to comply with Community Board Five guidelines, including that participation in the events will not be denied to any group on the basis of age, race, ethnicity, sexual orientation, gender identity or expression or religion; therefore be it

RESOLVED, Community Board Five recommends approval of both the Street Activity and Parks Special Event permit applications of the Sikh Cultural Society for their event on April 29, 2006.

WHEREAS, The Midtown North Explorers Club (NYPD) has filed an application to hold an event on Sunday, April 23, 2006, on 45th Street, between 6th and 7th Avenues; and

WHEREAS, This is a new applicant; and

WHEREAS, Community Board Five is oversaturated with street events; and

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

RESOLVED, Community Board Five recommends denial of the application by Midtown North Explorers Club to hold an event on 45th Street, between 6th and 7th Avenues.

The above resolution passed with a vote of 26 in favor, 0 opposed, 1 abstention.

WHEREAS, The Pakistan Parade and Fair Committee has applied for a Street Activity permit for Sunday August 27, 2006 on Madison Avenue, between East 23rd and East 26th Streets, and

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

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

WHEREAS, In an attempt to address the numerous problems caused by the unparalleled number of street activities in its district Community Board Five has guidelines for recommending approval of street activity permit applications; and

WHEREAS, In previous years the applicant has not agreed to adhere to those guidelines; therefore be it

RESOLVED, Community Board Five recommends denial of the Pakistan Independence Day Parade and Fair Committee’s application for a permit for a Street Activity on Madison Avenue, between 23rd and 26th Streets due to size of the crowd and unruly behavior and applicant’s failure to attend Community Board Five’s committee meeting to address issues of concern; and let it be further

RESOLVED, That Community Board Five urges the city to work with the applicant to find an alternative parade route and appropriate location for the applicant’s post-parade event.

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

WHEREAS, The Ancient Order of Hibernians has applied for a permit to hold a street festival on Saturday, September 16, 2006, on Avenue of the Americas, between 42nd and 56th Streets; and

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

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

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

RESOLVED, That Community Board Five recommends denial of the application by Ancient Order of Hibernians for a street activity on September 16, 2006.

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

WHEREAS, The 17th Precinct Community Council has filed an application to hold a street festival on Saturday, June 3, 2006 on Lexington Avenue, between 42nd and 57th Streets; and

WHEREAS, The applicant has agreed to abide by Community Board Five’s Street Activity Guidelines; therefore be it

RESOLVED, Community Board Five recommends approval of the application by the 17th Precinct Community Council to hold a street festival on Lexington Avenue, between 42nd and 57th Streets.

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

WHEREAS, St. George Association, Inc. has filed an application to hold a street festival on Saturday, November 18, 2006 on 45th Street, between 6th and 7th Avenues; and

WHEREAS, This event was held previously with no complaints; and

WHEREAS, The applicant has agreed to abide by Community Board Five’s Street Activity Guidelines; therefore be it

RESOLVED, Community Board Five recommends approval of the application by St. George Association, Inc. to hold a street festival on 45th Street, between 6th and 7th Avenues.

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

WHEREAS, Serbian Orthodox Cathedral of St. Sava has filed an application to hold a street festival on Saturday, June 3 and Sunday, June 4, 2006 on West 26th Street, between Broadway and 6th Avenue; and

WHEREAS, The applicant has agreed to abide by Community Board Five’s Street Activity Guidelines; therefore be it

RESOLVED, Community Board Five recommends approval of the application by the Serbian Orthodox Cathedral of St. Sava to hold a street festival on West 26th Street, between Broadway and 6th Avenue.

The above resolution passed with a vote of 20 in favor, 10 opposed, 1 abstention.

WHEREAS, An application has been made by Mr. Abdul Qayyum for the operation of a newsstand at the S/E/C of West 59th Street and 6th Avenue; and

WHEREAS, The Consents & Variances Committee of Community Board Five did an on-site inspection of the location and decided that the placement of a newsstand at this location would not have a negative impact on pedestrian flow; therefore be it

RESOLVED, Community Board Five recommends approval of this application for a newsstand at the above referenced location.

The above resolution passed with a vote of 22 in favor, 4 opposed, 1 abstention.

WHEREAS, Geisha NYC LLC, d/b/a Japanais has filed an application for a enclosed sidewalk café for 11 tables and 30 seats at 111 East 18th Street; and

WHEREAS, The area was posted with a notice of the upcoming hearing to discuss this matter and the Board received no complaints from the neighborhood regarding the placement of the enclosed sidewalk cafe; therefore be it

RESOLVED, Community Board Five recommends approval of the application by Geisha NYC LLC, for an enclosed sidewalk café at 111 East 18th Street for 11 tables and 30 seats.

The above resolution passed with a vote of 22 in favor, 3 opposed, 1 abstention.

WHEREAS, the MTA and the LIRR are undertaking a project known as East Side Access which would bring LIRR trains into Grand Central Terminal; and

WHEREAS, Community Board 5 is on record twice as preferring the Upper Level Loop Alternative that would make use of five existing platform tracks now used by Metro-North at Grand Central Terminal and not require a new station;

 WHEREAS, the MTA and LIRR have chosen to build a deep cavern station below Park Avenue to serve these passengers; and

WHEREAS, the new station requires ventilation and storage facilities to serve it and the MTA has proposed building this facility on East 50th Street between Madison and Park Avenues; and

WHEREAS, the original design brought to Community Board 5 in 2005 created major concerns from the residents and property owners including:

• Safety concerns about having diesel fuel to power generators in case of a power failure;
• The canyon impact with exhaust due to the high rise buildings surrounding the facility.
• Disruption of the community during construction that would occur during this 6 year project; and

WHEREAS, the MTA and LIRR have addressed the community's concerns by:

• Building a smaller facility which buries underground the machinery and diesel tanks associated with the station;
• Places the station exhaust on top of one of the buildings eliminating the canyon effect;
• Creating a covered drive from 49th Street to 50th Street for construction and loading and unloading of trucks to serve the station; and

WHEREAS, the new facility fits the character of the neighborhood and includes a small park where people can eat lunch, relax and enjoy a nice day; and

WHEREAS, the MTA and LIRR have pledged to follow all city building codes; therefore be it

RESOLVED, Community Board Five commends the MTA and LIRR for altering its plans based on neighborhood concerns and expresses support for changes to the 50th Street ventilation project as it is now configured, while at the same time reaffirming its preference for the Upper Level Loop Alternative.

WHEREAS, The building located at 45 Rockefeller Plaza, also known as the International Building at 630 Fifth Avenue, between West 50th Street and West 51st Street, is an office and retail complex, constructed in 1933-34 in the Art Deco/Art Moderne style, designed by the Associated Architects under the direction of Raymond Hood; and

WHEREAS, 45 Rockefeller Plaza has been designated by the New York City Landmarks Preservation Commission (LPC) as an individual landmark, and has also been designated as a National Historic Landmark; and

WHEREAS, The applicant, Tishman Speyer Properties, and tenant, Brasserie Ruhlmann, have retained the architect, Gabellini Associates, and historic preservation consultants, Higgins & Quasebarth, for the design of the renovation of the existing restaurant, in a manner sympathetic to Art Deco/Art Moderne style; and

WHEREAS, The applicant seeks to receive a Certificate of Appropriateness to install interior enclosures and window displays at three locations along the Rockefeller Plaza façade; and

WHEREAS, Although it is an interior alteration and the Board usually doesn't review interior alterations, unless it's an interior landmark, LPC staff determined that they and Community Board Five should have a chance to comment on it; and.

WHEREAS, The proposed work does not involve any alteration to the existing masonry, cast aluminum store front surrounds, nor to the exterior of the storefront glass; and

WHEREAS, LPC has already approved the applicant's proposed change in applied bronze lettering at the exterior signage; and

WHEREAS, The applicant's proposed work does involve the application of a filament membrane to the interior face of the storefront glass in a fashion that had been historically employed, which is non-permanent, fully removable and would cause no damage to the storefront glass, and is similar to the windows of the adjacent retail tenant, Banana Republic; therefore be it

RESOLVED, Community Board Five recommends approval of the application for a Certificate of Appropriateness to install interior enclosures and window displays for the building located at 45 Rockefeller Plaza, also known as the International Building at 630 Fifth Avenue.

The above resolution passed with a vote of 22 in favor, 0 opposed, 1 abstention.

WHEREAS, The sidewalk at 684 6th Avenue in the Ladies’ Mile Historic District is in need of repair; and

WHEREAS, The applicant agreed to replace it with blue-tinted granite or bluestone which is appropriate in the Ladies’ Miles Historic District; and

WHEREAS, The original material in the Ladies’ Mile Historic District was granite or bluestone; and

WHEREAS, In order to gradually restore the Ladies’ Mile Historic District to its original fabric, sidewalks should be replaced with granite, bluestone or blue-tinted concrete; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to repair the concrete sidewalk at 684 6th Avenue.

The above resolution passed with a vote of 22 in favor, 0 opposed, 1 abstention.

WHEREAS, The application is for the installation of windows on the east side of 135 (133-137) West 41st Street, located between 6th Avenue and Broadway, a ten-story annex to 130 (130-132) West 42nd Street collectively known as Bush Tower, which is a New York City Landmark built in 1921; and 

WHEREAS, The original façade, decorated with a simple masonry pattern including articulation of structural columns, has been altered with the addition of six windows prior to landmark designation; and

WHEREAS, The applicant has proposed to add new windows of a similar size and in a pattern that respects the decorative brick work, and incorporates, to the extent possible, the existing windows; and 

WHEREAS, The proposed three over three windows are to be placed in accordance with suggestions from the Landmarks Preservation Commission; and

WHEREAS, Community Board Five had concerns regarding the alignment of the windows and the applicant agreed to add one window on the 6th floor to attain a historically appropriate symmetry, as well as replace the six existing windows to match the new three over three window style; 

WHEREAS, The applicant has agreed to revise the photo-simulation depiction showing the agreed upon the changes for review prior to the Full Board meeting; and

WHEREAS, The Landmarks Committee conditionally approved the application based on review of said revisions, therefore be it

RESOLVED, Community Board Five recommends approval of the application to add windows to the east side of the subject building.

The above resolution passed with a vote of 22 in favor, 0 opposed, 1 abstention.

WHEREAS, The application is to legalize a storefront, awning, flagpole and banner installed without Landmarks Preservation Commission's permission, at 29 East 20th Street, between Broadway and Park Avenue South, a rowhouse built in 1837-38 and redesigned by Henry Wolinsky in 1959 in the Ladies Mile Historic District; and

WHEREAS, The storefront is composed of a steel frame with 3 sliding doors and frosted glass with metal inlays; the awning is a box shaped structure protruding 27'' with light fixtures affixed to it, the flagpole and banner are illuminated by a floodlight; and

WHEREAS, As a matter of principle, Community Board Five usually recommend denial of applications for legalization of illegal alterations; and

WHEREAS, As a matter of facts, the storefront, awning, banner and flagpole are not in context with the architectural style of the Ladies mile Historic District, therefore be it,

RESOLVED, That Manhattan Community Board Five recommends denial of the application for legalization of an illegally installed storefront, awning, banner and flagpole.