WHEREAS, The Korean American Association of Greater New York has filed an application to hold a viewing of the 2006 World Cup soccer game on 32nd Street, between 5th Avenue and Broadway on June 13, 18 and 23, 2006, and

WHEREAS, This event will viewed on a TV screen on the wall of the Kang-Suh restaurant; and   

WHEREAS, Community Board Five has no objections to closing this block for the event; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by the Korean American Association of Greater New York.

The resolution passed with a vote of 37 in favor, 1 opposed, 2 abstentions.

WHEREAS, Neo Hospitality LLC has submitted an application for an unenclosed sidewalk café for 4 tables and 16 seats located at 270 Madison Avenue; and

WHEREAS, The Consents & Variances Committee of Community Board Five has visited to the proposed location and found that there will be no problem to pedestrian flow with the installation of an unenclosed sidewalk cafe; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for an unenclosed sidewalk café for 4 tables and 16 seats at 270 Madison Avenue.

The resolution passed with a vote of 36 in favor, 2 opposed, 2 abstentions.

WHEREAS, Assembly Member Richard Gottfried has applied for a Street Activity permit to hold a Health Fair on Saturday, September 16, 2006 on 27th Street, between 7th and 8th Avenues, and

WHEREAS, This event is expected to over 300 people to the immediate area; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Assembly Member Richard Gottfried to hold the above event on 27th Street.

The resolution passed with a vote of 35 in favor, 3 opposed, 1 abstention.

WHEREAS, An application was made by Equinox Fitness Health Club, for a special permit for a physical culture/health establishment at 1 Park Avenue; and

WHEREAS, This establishment would occupy more than 40,000 square feet on the second floor; and

WHEREAS, The hours of operation will be Monday through Friday, from 5:a.m. to 11:00p.m. and Saturday and Sunday, from 7:30a.m. to 9:00p.m.; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application for a physical culture/health establishment at 1 Park Avenue.

The resolution passed with a vote of 37 in favor, 0 opposed, 2 abstentions.

WHEREAS, 864 Broadway (between 17th and 18th Streets), located in the Ladies’ Mile Historic District, is a four-story Georgian townhouse dating from around 1850; and

WHEREAS, It has become an apartment building with ground floor retail; and

WHEREAS, The former retail tenant, Ranch 1 restaurant, will be replaced with a similar "fast food" restaurant, Chipotle Grill; and 

WHEREAS, The applicant proposes to replace the existing wood, plate glass, and aluminum door storefront with similar geometry and fenestration; and

WHEREAS, The applicant's proposed signs replicate the size and location of the existing signs; and

WHEREAS, No security grates are proposed; and

WHEREAS, The applicant has reconsidered the lighting details shown to the Landmarks Committee and provided a solution that is more appropriate to the Ladies’ Mile Historic District; and

WHEREAS, The applicant’s new proposal for the lighting details will replace multiple, surface mounted, industrial style light fixtures with a cove type hidden light source that will "wash" the sign with light similar to those recently approved by the Landmarks Preservation Commission and more appropriate to the Ladies’ Mile Historic District;therefore be it

RESOLVED, That Community Board Five recommends approval of this application to refurbish an existing storefront at 864 Broadway.

The resolution passed with a vote of  39 in favor, 0 opposed, 1 abstention.

WHEREAS, The application is for a Certificate of Appropriateness for the enlargement of existing rooftop structures for residential use and installation of mechanical equipment on the roof; and

WHEREAS, The 15-story retail and office building was completed in 1909, by architects Maynicke & Franke, in Neo-Renaissance style, originally known as the Fifth Avenue Hotel and currently as The International Toy Center; and

WHEREAS, The building was recently bought by a new owner, 200 Fifth Avenue LLC, represented by David Levine, and will soon be converted to condominiums; and

WHEREAS, The applicant appeared before the Community Board Five Landmarks Committee in November 2005, but after the committee voted to deny his application because the proposed construction was highly visible from the main thoroughfares, the applicant withdrew the application before it was reviewed by the full Board; and

WHEREAS, The applicant appeared for the second time in front of the Community Board Five Landmarks Committeewith a revised application, including the relocation of a cooling tower from the north-east side to the north-west side; and

WHEREAS, There are three existing, partially-visible, copper-clad structures on the roof, and the stone parapet is 17 feet high; and

WHEREAS, The applicant wants to build a new mechanical unit and penthouse addition setback from the parapet 35 feet on the north side and 32 feet on the south side, for a total surface of 24,000 square feet; and

WHEREAS, This addition will be clad with off-white flushed aluminum panels, the color of which will match the terracotta tiles cladding the courtyard walls of the building; and

WHEREAS, One of the copper facades of the existing penthouse additions will be changed to off-white flushed aluminum panels; and

WHEREAS, The building bares a special significance to the Ladies' Mile Historic District, because it is the historic district's point of entry on the north east; and

WHEREAS, A mock-up of the building shows that the new addition, despite the effort to reduce its visibility, remains highly visible; therefore be it

RESOLVED, That Community Board Five recommends denial for this application is for a Certificate of Appropriateness for the enlargement of existing rooftop structures for residential use and installation of mechanical equipment at the roof.

The resolution passed with a vote of  35 in favor, 2 opposed, 2 abstentions.

WHEREAS, 133 Fifth Avenue, a neo-renaissance, stone façade store and loft building designed by Robert Maynicke, built in 1898-99; is located on the south-east corner of 5th Avenue and 20th Street; and

WHEREAS, the applicant has applied for a Certificate of Appropriateness for a rooftop addition, mechanical unit, roof deck, and the removal of a water tower, and an application for a LPC report pursuant to Z.R. Sec. 15-20 (b)(3) which evidences a program established for the building's continuing maintenance; and

WHEREAS, The preservation plan pursuant to Z.R. Sec. 15-20 (b) (3) includes repairing the wood windows, washing and repointing the façade; and

WHEREAS, The 9 feet high residential portion of the rooftop addition will not be visible from any public thoroughfare, and  the mechanical unit to be located on top of the residential addition will be 23 feet high from the base of the roof and will be visible from numerous viewpoints, including from 5th Avenue and 20th Street, both on the east and west sides; and

WHEREAS, The applicant proposes to remove the existing water tower and the Ladies' Mile Historic District is well known for its water towers; and

WHEREAS, Community Board Five recognizes that water towers are important historic and architectural features, therefore be it

RESOLVED, That Manhattan Community Board Five recommends denial of the Certificate of Appropriateness for a rooftop addition unless the water tower is retained and the rooftop mechanical unit is less visible; and be it further

RESOLVED, That Manhattan Community Board Five recommends approval of the report pursuant Z.R. Sec. 15-20 (b)(3) which evidences a program established for the building's continued maintenance.

The substitute resolution passed with a vote of 25 in favor, 15 opposed, 1 abstention.

WHEREAS, The Plaza Hotel is a French Renaissance style "chateau" designed by the famed architect Henry J. Hardenbergh,  built in 1905-07 and opened in 1907 with an addition designed by Warren and Wetmore and built in 1921; and

WHEREAS, According to the National Trust for Historic Preservation it is considered "the greatest hotel in the world" and is a New York City landmark and on the National Register of Historic Places; and

WHEREAS, It is one of the most famous and historic hotels in the world, known for its architecture as well as for its history, host to historic events and woven into the fabric of New York's past; and

WHEREAS, The application is to modify doors and windows on the West 59th Street façade, and to modify the designated interior landmark spaces; and

WHEREAS, The façade changes include alterations to the entrance just to the east of the 59th Street lobby entrance, removing stairs and areaway and creating an entrance at grade, the major marquee is retained in place and the entry doors are  raised to new entry level; and

WHEREAS, The plan will recreate windows in the original former Ballroom on the third floor at the three arched openings to the west on 59th Street; and

WHEREAS, A site visit was made to the Plaza Hotel to see the changes proposed for interior designated spaces; and      

WHEREAS, The below listed interior spaces of the Plaza Hotel, designated landmarks by the New York Landmarks Preservation Commission should not be altered without good reason:

• the Edwardian Room,

• Terrace Room,

• Grand Ballroom,

• Oak Room,

• Oak Bar,

• Palm Court, 

• 59th Street Lobby, 

• Fifth Avenue Lobby,

• Corridors and related ante-rooms throughout the Hotel; and

WHEREAS, The proposed interior changes in designated spaces include but are not limited to:

• Changes to the designated 5th Avenue Lobby, include converting two crystal display vitrines into doors; restoring a third door on the south wall giving access to the new hotel on 58th Street; creating three doors on the north wall, giving access to a handicapped lift, the Edwardian Room and the escalator also with the removal of two display vitrines; thereby creating six doors in this historic and very beautiful 5th Avenue lobby causing some concern.

• Changes to the 59th Street lobby, which will be the condo lobby, include constructing two sets of doors leading from the lobby to the north corridor on either side of the elevator bank, allowing the lobby to be more private for the condo owners; replacing an advertising sign with a Fire Command Panel; adding historic bronze grills to the reception desk; cutting a new door through the marble reception desk (because a stair is being created in non-designated space behind the desk) allowing access to the lobby also caused some concern since this was the original lobby of the Plaza Hotel.

• Construction of an escalator leading to below ground retail space will be built outside the Edwardian Room between the 59th Street lobby and the Edwardian Room and will be constructed by removing part of an original marble wall in a designated area; another escalator will be built near the 58th Street side of the hotel- in a non-designated space- to allow for an additional entrance to below ground retail.

• A new staircase will be built at the west end of the north corridor using original materials and design and going down to retail space in the cellar and causes no concern to the Board.

• Proposed work includes the demolition of a designated marble staircase leading up from the west end of the South Corridor to the Terrace Room and a balcony created to try to maintain a visual connection between the Terrace Room and Corridor, which caused the Board concern.

• New Palm Court service doors will be built utilizing the 1921 details, one to the north of doors leading to the Terrace Room the one to the south of the Terrace Room, which will be uncovered and this alteration caused no concern to the Board.

• Storefronts on the south side of the north corridor (jewelry store etc.) will be removed and replaced by new walls with details matching the adjacent portions of the corridor and this alteration caused no concern to the Board.

• Installation of a new door to the Grand Ballroom, not visible from the Ballroom and accessible from a short run of stairs at the north end of the eastern balcony of the Ballroom and this alteration caused no concern to the Board; and

WHEREAS, Many of the changes to interior designated spaces are made necessary to allow for access to the retail spaces in the Edwardian Room, Terrace Room and lower level; and

WHEREAS, The Community Board Five has serious concerns regarding the installation of six doors in the historic and beautifully designated 5th Avenue lobby and the installation of an escalator through a designated wall; and

WHEREAS, The demolition of a marble staircase leading up to the Terrace Room appears to impact negatively on the interior landmarked space; and

WHEREAS, Community Board Five did not vote on every individual alteration, the Board's concerns are addressed in the above numbered section of this resolution; therefore be it

RESOLVED, That Community Board Five recommends approval of a new staircase built on the west end of the north corridor; installation of new Palm Court doors, removal of storefronts on the south side of the north corridor (jewelry store, etc.); instillation of a new door to the Grand Ballroom; and be it further

The above resolution passed by a vote of 37 in favor, 0 opposed, 3 abstentions.

RESOLVED, That Community Board Five recommends approval of the proposed façade changes to the Plaza Hotel, deeming them not to adversely impact the landmark, and be it further

The above resolution passed by a vote of 37 in favor, 2 opposed, 1 abstention.

RESOLVED, That the Community Board Five recommends approval of the escalator through a designated wall; and be it further

The above resolution passed by a vote of 26 in favor, 12 opposed, 2 abstentions.

RESOLVED, That Community Board Five recommends approval of the proposed installation of the six doors in the 5th Avenue lobby; and be it further

The above resolution passed by a vote of 28 in favor, 8 opposed, 1 abstention.

RESOLVED, That Community Board Five recommends denial of the demolition of an important designated marble staircase in the South Corridor going up to the Terrace Room within the Plaza Hotel.

WHEREAS, The applicants are both subsidiaries of El Ad Properties ("Owner"), who is conducting a major renovation and restoration of the Plaza Hotel, located at 768 Fifth Avenue; and

WHEREAS, At a meeting March 10, 2005, the Board of Community Board Five opposed the issuance by the Landmarks Preservation Commission ("LPC") of (1) a Certificate of Appropriateness for certain exterior modifications and (2) a report for a Special Permit pursuant to a Preservation Plan, on the primary grounds that certain interior rooms of great architectural and historic significance might be damaged; and

-

 WHEREAS, The LPC, with the cooperation of the Owner, designated certain rooms and circulation spaces as interior landmarks, including the Oak Bar and Oak Room, the Edwardian Room, the Terrace Room and the Ballroom; and

WHEREAS, On July 12, 2005, the LPC (1) found that the Owner had agreed to undertake interior and exterior renovation work and to create and fund a program for on-going maintenance of the building (the Owner anticipates maintaining a fund of approximately $1,000,000 which will be spent on historic maintenance by a Board of Managers made of up the various ownership interest in the Hotel) and (2) voted to issue a report to the City Planning Commission in support of an application for a Special Permit, and on October 26, 2005, the LPC issued a Certificate of Appropriateness for exterior renovations; and

WHEREAS, The Plaza Hotel lies within two zoning districts: (a) approximately 40,000 square feet of the lot area on the

 portions facing Fifth Avenue and 59th Street, are R10-H, permitting residential use, with hotel use by special permit (from which the Plaza Hotel is grandfathered) and (b) approximately 14,000 square feet of lot area, on the westernmost portion facing 58th Street, are C5, permitting commercial, residential, hotel and retail uses as-of-right; and

WHEREAS, In the R10-H areas, retail, restaurant, banquet and health club uses are permitted as accessory to hotel use, however, because of the decrease in hotel rooms from approximately 800 to approximately 285 rooms, the Owner has applied to have certain spaces in the building converted to Special Permit uses; and

WHEREAS, The Owner plans to (1) continue using the Ballroom as a special event/banquet space, and the Oak Bar\and Oak Room as restaurant spaces, (2) move the existing health club to a space on the third floor comprising 6,254 square feet, (3) use the Edwardian Room as either retail space or a restaurant and (4) within the R10-H portion of the hotel, utilize approximately 72,080 square feet as retail use, divided as follows: 50,208 square feet below grade, 14,830 square feet on the ground floor (including the Edwardian Room) and 7,042 square feet (including the Terrace Room) on the mezzanine level; and

WHEREAS, Concerns were expressed about noise and traffic disturbances potentially generated by the two 12' high loading docks that will be serving the hotel, residential, restaurant and retail uses of the Plaza Hotel, however, should there be problems, the Owner has agreed to remain available to discuss noise abatement processes and other problems with neighbors; and

WHEREAS, Concerns were expressed about the installation of signage by a future retail tenant, and the Owner agreed to submit a Master Plan for retail signage to the LPC; and

WHEREAS, Great concerns were expressed about damage to the landmarked portions of the building by the conversion to retail use, arising from both the need for circulation access and future tenant installations, however, the only demolition within a designated area arising from the change of use is a portion of on wall in the access corridor to the Edwardian Room, and tenants will be required to have any installation plans approved by the Landmarks Preservation Commission; and

WHEREAS, The Owner has demonstrated great respect for the history and fabric of the Plaza Hotel, and has reasonably satisfied most concerns that the renovation/restoration of the spaces covered by the new uses will be consistent with the world-class nature of the Plaza Hotel; therefore, be it

RESOLVED, That Community Board Five recommends approval of the issuance of a Special Permit to permit portions of the Plaza Hotel located within an R10-H zone to be changed to retail, restaurant, banquet and health club uses.

The above resolution passed with a vote of 31 in favor, 7 opposed, 1 abstention.

WHEREAS, The SJP Residential Properties and Fifth Street Holdings, LLC (“Applicant”) plan to construct a mixed-use building of between 257,362 square feet and 286,200 square feet (the difference being the acquisition of additional development rights from the Martin Beck Theater subject to a separate ULURP Application), containing between 196 and 220 residential units; and

WHEREAS, The building lot had contained a parking lot of 53 transient spaces and the Zoning Resolution permits 46 accessory parking spaces to be constructed (based on the larger building size), permitting 99 parking spaces (accessory and transient) as-of-right; and

 WHEREAS, The proposed new building can accommodate 101 parking spaces; and

WHEREAS, There is a need for more off-street transient parking in the crowded Theater District; therefore let it be

RESOLVED, That Community Board Five recommends approval of the Special Permit to allow 101 transient parking spaces in a building to be constructed at 750 Eighth Avenue.

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

WHEREAS, The Martin Beck Theater (also called the Al Hirshfeld Theater) (a) is located at 302 West 45th Street in Community Board Four, (b) is a “Listed Theater” pursuant to ZR§81-742 and (c) is located on a split lot partially within the Special Midtown District Theater Subdistrict and partially within the Special Clinton District; and

WHEREAS, The portion of the Martin Beck Theater within the Special Clinton District is zoned C6-2 and carries and FAR of 4.2, and, under the current zoning, is not eligible to transfer its unused development rights to receiving sites within the Theater Subdistrict; and

WHEREAS, The portion of the Martin Beck Theater located within the Special Midtown Theater Subdistrict is eligible for the transfer of development rights to non-contiguous receiving sites in the Theater Subdistrict and Jujamcyn Theaters LLC, SJP Residential Properties and Fifth Street Holdings, LLC (collectively, the “Applicant”) have separately applied for the transfer of 36,437 square feet to two receiving sites, and

WHEREAS, The proposed text amendment will (a) permit any portion of a “Listed Theater” that is outside of the Theater Subdistrict (of which the Martin Beck is the only one) to be deemed a “granting site” able to transfer its unused development rights in conformance with ZR§81-744, and (b) change the FAR of a “granting site” located outside the Theater Subdistrict and in a C6-2 zoning district to 6.02; and

WHEREAS, The effect of the proposed text amendment will be to increase available development rights on the C6-2 portion of the Martin Beck Theater from 23,567 sf to   37,379 sf ; and

WHEREAS, All the other “Listed Theaters” are east of Eighth Avenue and are located in zoning districts with significantly higher FAR, mostly FAR of 12.0 or 15.0; and

WHEREAS, The opportunity to transfer development rights is a significant part of New York City’s plan to preserve and maintain legitimate theaters in the Theater Subdistrict; therefore let it be

RESOLVED, That Community Board Five recommends approval of the text amendment to the Zoning Resolution modifying certain provisions of the Special Midtown District and the Special Clinton District.

The above resolution passed with a vote of 27 in favor, 10 opposed, 1 abstention.    

WHEREAS, Under a separate ULURP application, an amendment to the text of the Zoning Resolution has been made, the import of which, if approved, would be to make available unused development rights for transfer from the Martin Beck Theater; and

WHEREAS, SJP Residential Properties, Fifth Street Holdings, LLC and Jujamcyn Theaters LLC (collectively, the "Applicants") have applied for an authorization by the City Planning Commission for the transfer of 28,900 square feet of those additional development rights to a new, mixed use building ("New Building") located at 750 Eighth Avenue; and

WHEREAS, The New Building, excluding the subject development rights, will be a receiving site for approximately 82,000 square feet of development rights from the Brooks Atkinson Theater and 29,104 square feet from the Martin Beck Theater, resulting in a building of 257,362 square feet, approximately 42 stories high containing about 220 residential units and 6,354 square feet of retail; and

WHEREAS, Including the subject development rights, the New Building will be approximately 286,200 square feet; and

WHEREAS, ZR§84-744(b) permits the transfer of additional development rights, above that permitted by certification, by an authorization to a receiving site within the Eighth Avenue Corridor of the Special Midtown Theater Subdistrict, so long as two additional findings are made by the City Planning Commission:

• that the new building relates harmoniously to buildings and open space in its vicinity in terms of scale, location and access to light and air, and

• the new building "serves to enhance or reinforce the general purposes of the Theater Subdistrict" (emphasis added); and

WHEREAS, While the New Building is of no particular architectural distinction, it is no bulkier than other buildings on the east side of Eighth Avenue; and

WHEREAS, The purposes of the Theater Subdistrict include the preservation and continued operation of legitimate theaters, assistance to the theater industry through contributions to a Theater Subdistrict Fund, promotion of plays and theater-related uses and promoting the welfare of the Theater Subdistrict generally; and

WHEREAS, No aspect of the New Building, other than its required contribution to the Theater Subdistrict Fund, can be construed to promote the welfare of the theater industry or subdistrict, specifically in that the Applicants a) are making no provision for allocation of space to theatrical activities or support companies and b) will not agree to limit the use of the retail space; and

WHEREAS, The requirement that the transfer of "bonus" amounts of development rights result in enhancement of the theater subdistrict was an integral and vital part of the  community's willingness to accept the increased density from new developments; and

WHEREAS, ZR§81-744(a)(5) requires the contribution of $10 per square foot of floor area to be deposited in the Theater Subdistrict Fund, which is to be administered by a Theater Subdistrict Council, and neither the Fund nor the Council has yet been established; and

WHEREAS, Although the Applicant has deposited its required contribution with an Escrow Agent, the absence of the Theater Subdistrict Council, which is charged with determining the priorities for the disbursement of the Fund to best meet the needs of the Theater Subdistrict and the goals of the legislation, render the contribution meaningless to the community; therefore let it be

RESOLVED, That Community Board Five recommends denial of the authorization for the transfer of 29,104 square feet of development rights pursuant to ZR§84-744(b) from the Martin Beck Theater to a new mixed use building to be located at 750 Eight Avenue; and be it further

RESOLVED, That the City Planning Commission be urged to reject any further applications under ZR§84-744(b) unless the applicants meet all the required findings consistent with the letter and spirit of the Zoning Resolution.

WHEREAS, The Pakistan Parade and Fair Committee has applied for a Special Events permit for the use of Madison Square Park for a post-parade cultural event on Sunday, August 27, 2006; and

WHEREAS, This event is expected to draw over 20,000 people to the immediate Madison Square Park area; and

WHEREAS, Community Board Five is concern that the applicant’s event has far outgrown the Madison Square Park area’s capacity and urges the city to work with the applicant in the future to find an alternative and appropriate location for the applicant’s post-parade event; and

WHEREAS, In past years, the applicant has failed to provide adequate crowd control resulting in the need for NYPD assistance with crowd control and destruction of park property; and

WHEREAS, To address the above matter, the applicant has paid a bond to the Parks Department in the amount of $5,000 and has agreed to work with the Police Department to control the crowd; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a permit for the use of Madison Square Park by the Pakistan Independence Day Parade and Fair Committee on Sunday, August 27, 2006, and be it further

RESOLVED, That Community Board Five urges New York City Parks & Recreation to uphold the integrity of its performance and cleanliness bond processes by consistently requiring such bonds and not returning them to applicants whose events cause extensive damage to public parkland or jeopardize the safety of city workers, event participants, and other members of the public.

The above resolution passed with a vote of 20 in favor, 16 opposed, 1 abstention. 

WHEREAS, An application to host a celebrity event for I Can’t Believe Its Not Butter was presented by the Madison Square Park Conservancy; and

WHEREAS, The event will be held on Wednesday, June 7, 2006 with set up staring the evening of June 6  and take down on June 7; and

WHEREAS, This is a one time event to be held on the gravel area west of the Shake Shack; and

WHEREAS, This event is for a Fabio replacement and will run for approximately 1 hour at lunch time; and

WHEREAS, There will be a stage set-up; and

WHEREAS, There will be no advertising; and

WHEREAS, The applicant is aware that there are residential buildings surrounding the south side of the park where the event will be located and has agreed to keep noise to a reasonable level; therefore be it

RESOLVED, Community Board Five recommends approval for the event “I Can’t Believe Its Not Butter” to be held in Madison Square Park.

WHEREAS, 26th Street BBQ, LLC, is applying for an on-premises liquor license at 30 West 26th Street; and

WHEREAS, This location/operation is two floors of 5,000 square feet each (the basement will be used for storage), will be a full BBQ/southern cuisine restaurant, will have total capacity of 285, and is in a non-residential building; and

WHEREAS, The hours of operation will be Sunday through Tuesday, noon to 1 a.m. and Wednesday through Saturday, noon to 2 a.m.; and

WHEREAS, The owner, Josh Lebowitz, who attended the Public Safety/Quality of Life (PSQL) Committee Meeting on May 8, 2006, assured the PSQL Committee that there will be no open windows, no cabaret and should he apply for a sidewalk café in the future, he will abide by the decision of Community Board Five at that time; and

WHEREAS, Mr. Lebowitz owns and successfully operates four other “Brother Jimmy’s BBQ’s” in New York City; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; therefore be it

RESOLVED, That Community Board Five recommends approval for an on-premises liquor license for 26th Street BBQ, LLC, d/b/a “Brother Jimmy’s BBQ”, located at 30 West 26th Street.

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

WHEREAS, 49th West 24th Street Partners, LLC, d/b/a "TBD", is applying for an on-premises liquor license for a lounge at 49 West 24th Street; and

WHEREAS, This location/operation:

• will be a martini lounge and will also be used for corporate events (approximately 100 a year)

• will have food brought in from outside if needed (no kitchen)

• is in a commercial building

• is approximately 4,400 square feet

• has a total capacity of 210

• has a courtyard that will be used only for smoking

• will have a DJ but will only have quiet background music

• will be open Wed – Sun from 7 p.m. until 4 a.m.; and

WHEREAS, The owners, Anthony Biondo and Mike Mueller, attended the Public Safety/Quality of Life (PSQL) Committee meeting on March 8, 2006 and agreed to the following stipulations in the attached signed affidavit:

• will not become a club

• will not apply for a cabaret now or in the future

• will not apply for a  sidewalk café now or in the future

• will upgrade soundproofing of premises, if needed

• will provide CB5 with telephone numbers of manager and owner who will be on premises during hours of operation; and

WHEREAS, The owners are aware of the demographic changes in this area, i.e., the increase of residential buildings especially the changes in the "Toy Building" at 200 Fifth Avenue and will be mindful of their neighbors by not allowing their operation to have a negative impact on the quality of life of this and the surrounding area; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; therefore be it

RESOLVED, That Community Board Five recommends approval of an on-premises liquor license for 49 West 24th Street Partners, LLC, d/b/a "TBD", located at 49 West 24th Street, with the above stipulations in the attached affidavit to be incorporated into the method of operation of their New York State Liquor Authority Application.

WHEREAS, The Event Space, LLC, d/b/a "Lotus Space", located at 122 West 26th Street is applying for a catering license; and

WHEREAS, This location/operation is two levels (5,000/5,000 square feet), with a total capacity of 400 and will be used for catering private parties/events (approximately four per month), many taking place during daylight hours; and

WHEREAS, The lease for the premises specifically prohibits "day in/day out" operation (only allows special events); and

WHEREAS, The owners, Danny Montanez, Luis Collazo and Mario Novogrodzki attended the Public Safety/Quality of Life (PSQL) Committee meeting on May 8, 2006 and agreed to the following stipulations in the attached signed affidavit—that this operation:

• will not become a club

• will not apply for a sidewalk café

• will not have open windows

• will not sell the premises to any entity that is in opposition to these stipulations; and

WHEREAS, Mr. Montanez has owned and successfully operated two other similar establishments in New York City; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation; therefore be it

RESOLVED, That Community Board Five recommends approval of a catering license for The Event Space LLC, d/b/a "Lotus Space", located at 122 West 26th Street with the above stipulations in the attached affidavit to be incorporated into the method of operation of their New York State Liquor Authority Application.

WHEREAS, Restaurant and Lounge, Inc., located at 125 East 54th Street is applying for an on-premises liquor license transfer; and

WHEREAS, This location/operation is presently and will continue to be a restaurant/lounge open Monday and Tuesday 4 p.m. to 11 p.m., Wednesday and Thursday 4 p.m. to 1 a.m. and Friday and Saturday 4 p.m. to 2 a.m.; and

WHEREAS, The square footage for the premises, which are subterranean, is approximately 4,200, with a total capacity of 175; and

WHEREAS, There will be live music Thursday and Friday nights; and

WHEREAS, The owner, Michael Tracy, attended the Public Safety/Quality of Life (PSQL) Committee meeting on May 8, 2006 and assured the committee that he will not be applying for a cabaret  or an outside café for the premises; and

WHEREAS, No one attended the PSQL meeting to speak in opposition to this operation and no complaints have been filed with the community board regarding this location; therefore be it

RESOLVED, That Community Board Five recommends approval of the transfer of the on-premises liquor license for Restaurant and Lounge, Inc., d/b/a “Light”, located at 125 East 54th Street provided the above stipulations regarding no cabaret or outside café are incorporated into the method of operation of the New York State Liquor Authority Application.

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