Resolutions: May 2009

WHEREAS, The applicant is the operator of Katwalk Lounge at 2 West 35th Street; and

WHEREAS, The unenclosed sidewalk café with 6 tables and 24 seats existing at the premises was approved by Community Board Five in 2007 and no alterations have been made to the sidewalk café since such approval; and

WHEREAS, The sidewalk at the site of the proposed sidewalk cafe is 18 feet wide at this location and the sidewalk café occupies 8’6”, leaving 8’6” clearance of sidewalk space for pedestrian traffic;

WHEREAS, Although (i) this area is heavily trafficked by pedestrians and the sidewalk at this location is congested, and (ii) the sidewalk café leaves 8’6” of clear pathway for pedestrian traffic, less than the 10’ clearance currently recommended by Community Board Five on congested sidewalks, this sidewalk café was approved as it currently exists; and

WHEREAS, Although some residents of the cooperative building located at 372 Fifth Avenue voiced some complaints about noise and disturbances in and around the premises to a member of the Consents and Variances committee who made inquiry there, no complaints against the operation have been received by Community Board Five since 2007 and no residents attended the Committee meeting to object to the renewal; and

WHEREAS, Mike Tracey, a principal of the applicant, has agreed to contact the management of the cooperative located at 372 Fifth Avenue to establish contact and address any issues the residents may have with the operation of the establishment [and has delivered a letter from the cooperative association to Community Board Five confirming that the applicant has been in contact]; and

WHEREAS, Although an inspection of the sidewalk café by a member of the Consents and Variances committee has revealed that the tables of the café were improperly situated in a manner that blocked a sprinkler connection, the applicant has agreed to correct the placement of the tables to correct that encroachment and has provided a photo that such correction has been made; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for renewal of an unenclosed sidewalk cafe with 6 tables and 24 seats at 2 West 35th Street.

The above resolution passed by a vote of 32 in favor; 1 opposed; 1 abstaining.

WHEREAS, At the April 2009 meeting of the Consents and Variances committee of Community Board Five, the applicant requested consideration of an application for an unenclosed sidewalk café with 6 tables and 13 seats; and

WHEREAS, It was determined that the allowable sidewalk space would not accommodate 6 tables and 13seats and such a number of tables and seats would block a necessary egress from the premises; and

WHEREAS, The applicant agreed in writing to not pursue its application with the Department of Consumer Affairs for an unenclosed sidewalk café and agreed to work with the Consents and Variances committee to develop an acceptable plan; and

WHEREAS, The applicant developed a revised plan for 4 tables and 8 chairs and was put on the agenda for review at the April 2009 meeting of Consents and Variances; and

WHEREAS, Prior to the April 2009 Consents and Variances meeting, members of the Committee went to inspect the premises and on at least two occasions saw the not yet approved sidewalk café set up at the premises and, on one of those occasions, three members of the Committee were seated and served alcohol at the illegal sidewalk café, in violation of applicant’s liquor license; and

WHEREAS, When later questioned about the aforementioned violations, the management at the premises denied them and later, after a representative of the applicant was confronted with testimony of the three committee members and photographic evidence of the violations, the representative stated that management had lied to the Committee so that the applicant “would not get in trouble”; and

WHEREAS, Community Board Five does not condone the illegal operation of sidewalk cafes, and does not condone the illegal service of alcohol on sidewalk cafes without a license, and does not condone being lied to; therefore be it,

RESOLVED, That Community Board Five recommends denial of the application for a revocable consent for a sidewalk café located at 39 East 19th Street and it is further

RESOLVED, That Community Board Five proscribes consideration of any application for a revocable consent for a sidewalk café at 39 East 19th Street for the remainder of 2009.

The above resolution passed by a vote of 32 in favor; 1 opposed; 1 abstaining.

WHEREAS, The applicant is the operator of a sidewalk café at 40 Central Park South between 5th & 6th Avenues; and

WHEREAS, The sidewalk café was approved for the previous operator, Atlas; and

WHEREAS, The sidewalk café has caused pedestrian congestion because

WHEREAS, The sidewalk café in its current layout is 8’ wide, with a service aisle of 4’, and a planter at the end of the row of tables; and

WHEREAS, The applicant has agreed to relocate the planter and to narrow down the service aisle to 3’; and

WHEREAS, The applicant has agreed to create a suitable waiting area for patrons waiting for a table, as to not impact on pedestrian traffic; and

WHEREAS, The applicant has agreed to submit revised drawings, (plan and elevation) for the new layout of the café to Community Board Five, Department of Consumer Affairs, City Council, and all other involved city agencies; therefore be it

RESOLVED, That Community Board Five recommends approval of the renewal of the revocable consent for an unenclosed sidewalk café at 40 Central Park South.

The above resolution passed by a vote of 32 in favor; 1 opposed; 1 abstaining.

After reviewing the application for an unenclosed sidewalk café with 4 tables and 16 seats, Community Board Five has no objection to the above request.

After reviewing the application for the above referenced establishment for an unenclosed sidewalk café with 2 tables and 8 seats, Community Board Five has no objection to the above request.

WHEREAS, the applicant is the operator of the restaurant Bar Breton, located at 254 Fifth Avenue, and is applying for revocable consent for a new unenclosed sidewalk café with 2 tables and 8 seats; and

WHEREAS, The sidewalk in front of the premises is 22’9” and the proposed sidewalk café is 7’ wide, leaving an ample 15’9” of sidewalk space for pedestrian traffic; and

WHEREAS, The hours of operation of the proposed sidewalk café are 9:00 a.m. – 11:00 p.m. Sunday through Wednesday and 9:00 a.m. – midnight Thursday through Saturday; and

WHEREAS, The location of the proposed sidewalk café is predominately a commercial area, and there is little potential for negative impact on residents at that location, if any; and

WHEREAS, The minimal size of the proposed sidewalk café would have minor impact on pedestrian traffic; and

WHEREAS, Community Board Five believes that this is an appropriate location for a sidewalk café of this size and nature; therefore, be it

RESOLVED, Community Board Five recommends approval of a revocable consent for an unenclosed sidewalk café with 2 tables and 8 seats at 254 Fifth Avenue.

The above resolutions passed by a vote of 32 in favor; 1 opposed; 1 abstaining.

WHEREAS, The Laboratory Institute of Merchandising wants to hold a welcome party and orientation for new students to meet existing faculty and staff on 53rd Street between Fifth and Madison Avenues, on August 16, 2009; and

WHEREAS, The applicant is a business school established in the 1930s and has held this event at other locations previously without incident; and

WHEREAS, The school is located at the proposed site; and

WHEREAS, Approximately 1,000 participants are expected at the event; and

WHEREAS, The event will have a few carnival-type activities, 5 vendors of school-related merchandise and 1 food vendor, being the school’s food service provider; and

WHEREAS; The event is to be held from noon to 5:00 p.m., with set up beginning no earlier than 8:00 a.m. and breakdown completed no later than 10:00 p.m.; and

WHEREAS, The applicant will have no stage or amplified sound and the street on which the event will take place is mainly commercial, with no residential buildings to impact; and

WHEREAS, The applicant has agreed to contact the police precinct and the Department of Sanitation to coordinate with those agencies; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, That Community Board Five recommends approval of a block party on 53rd Street between Fifth and Madison Avenues, on August 16, 2009.

The above resolution passed by a vote of 32 in favor; 1 opposed; 1 abstaining.

WHEREAS, The applicant is the Times Square Alliance, the Business Improvement District for the Times Square area; and

WHEREAS, Make Music New York is a free musical festival with a number of events occurring simultaneously throughout the five boroughs of New York City; and

WHEREAS, The event will be a “Musical Instrument Petting Zoo” where the public can participate in the festival by seeing and playing various musical instruments provided by music instrument stores located on the block, and getting free music lessons by professional teachers; and

WHEREAS, There will be no food, and no outside vendors; and

WHEREAS, The event is to be held from noon to 5:00 p.m., with set up beginning no earlier than 8:00 a.m. and breakdown completed no later than 6:00 p.m.; and

WHEREAS, The applicant will have no stage or amplified sound (except for battery powered amplification of instruments) and the street on which the event will take place is mainly commercial, with no residential buildings to impact; and

WHEREAS, Although there is a Broadway theater at the location of the event, the theater is not in operation on the day of the event this year and our recommendation is for this year only; and

WHEREAS, The event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, That Community Board Five recommends approval of the Make Music New York application presented by the Times Square Alliance for a street activity permit on West 48th Street, between 6th and 7th Avenue on Sunday, June 21st, 2009.

The above resolution passed by a vote of 32 in favor; 1 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a 6’x10” newsstand at 1120 6th Avenue Between 43nd and 44th Streets, and

WHEREAS, The proposed newsstand would be located in an area that registers a heavy pedestrian flow, reaching critical level at rush hour; and

WHEREAS, The proposed newsstand would be located next to a Queens Commuter Bus stop, and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity, including a newspaper store located on 6th Avenue and 44th street; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The newsstand would negatively impact on the surrounding area creating physical and visual clutter; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at 1120 6th Avenue Between 43nd and 44th Streets, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 5pm on a weekday, and be it further

RESOLVED, That in recognizing that the cost for applications for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, the applicant is proposing to install a newsstand on the North East Corner of Eighth Avenue and West 53rd Street; and

WHEREAS, the sidewalk at the site of the proposed newsstand is 20’2’’ feet wide at this location; and

WHEREAS, there is one other newsstand within a few blocks of the proposed location; and

WHEREAS, The proposed newsstand would leave 12’8’’ clear path for pedestrian traffic, and

WHEREAS, The proposed newsstand would not have a negative impact on pedestrian traffic; and

RESOLVED, that Community Board 5 recommends approval of the newsstand on the North East Corner of Eighth Avenue and West 53rd Street.

The above resolution passed by a vote of 36 in favor; 1 opposed; 1 abstaining.

WHEREAS, The applicant, seeks a permit to install and operate a 6’x10” newsstand at the NEC of East 49th Street and 5th Avenue; and

WHEREAS, The proposed newsstand would be located in an area that registers an extremely heavy pedestrian flow; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and

WHEREAS, The proposed newsstand would be in front of Saks 5th Avenue, in violation of the section 2-65 of RULES OF THE CITY OF NEW YORK TITLE 6 DEPARTMENT OF CONSUMER AFFAIRS CHAPTER 2: LICENSES SUBCHAPTER G: SIDEWALK STANDS PART 1: NEWSSTANDS stipulating that a newsstand shall not be installed in front of a building that has 3 or more floors of retail space, and Saks 5th Avenue has 10 floors of retail space, and

WHEREAS, the zoning code of NYC was amended to create a Fifth Avenue Special Business District, that recognizes it as an exceptional visual corridor where planters and newsstands should be prohibited, and

WHEREAS, the Art Commission (newly renamed Design Commission), noted that “the Fifth Avenue Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands will severely detract from its attractiveness and effectiveness,” and

WHEREAS, Saks 5th Avenue has submitted a letter opposing the proposed newsstand, and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NEC of East 49th Street and 5th Avenue because it is not in compliance with city guidelines, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, and be it further

RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied, and be it further

RESOLVED, That in recognizing that Community Board Five members have spent countless hours reviewing applications for newsstands, and surveying proposed sites, Community Board Five urges DCA to stop allowing applications for newsstands that are not in compliance with New York City Guidelines for newsstands, and respectfully informs DCA that it will no longer accept applications that are not in compliance.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, seeks a permit to install and operate a 6’x10” newsstand at the NEC of West 47th Street and Broadway; and

WHEREAS, The proposed newsstand would be located in an area that registers an extremely heavy pedestrian flow; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and

WHEREAS, The proposed newsstand would be in front of 2 Times Square, in violation of section 2-65 of the RULES OF THE CITY OF NEW YORK TITLE 6: DEPARTMENT OF CONSUMER AFFAIRS CHAPTER 2: LICENSES SUBCHAPTER G: SIDEWALK STANDS PART 1: NEWSSTANDS,   stipulating that a newsstand shall not be installed in front of a building that has 3 or more floors of retail space, and 2 Times Square has 4 floors of retail, and

WHEREAS, the managers of the building at 2 Times Square have submitted letter opposing the proposed newsstand, and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the # NEC of West 47th Street and Broadway because it is not in compliance with NYC  rules, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, and be it further

RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied, and be it further

RESOLVED, That in recognizing that Community Board Five members have spent countless hours reviewing applications for newsstands, and surveying proposed sites, Community Board Five urges DCA to stop accepting applications for newsstands that are not in compliance with New York City Guidelines for newsstands, and respectfully informs DCA that it will no longer review applications that are not in compliance.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, the applicant, seeks a permit to install and operate a 6'x10" newsstand at the NWC of West 47th Street and Broadway, and

WHEREAS, The proposed newsstand would be located in an area that registers a heavy pedestrian flow on average of 62,116 People/Day and a Peak Pedestrian Counts between 5:15-6:15 PM of 6,340 People/Hour; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and

WHEREAS, Safety is a crucial concern for Community Board Five, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and

WHEREAS, Community Board Five has received letters opposing new newsstands in the Time Square area from building owners, and from the Time Square Alliance; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC of West 47th Street and Broadway, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 7pm on a weekday, and be it further

RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

WHEREAS, The applicant is proposing to install a newsstand midblock on Sixth Avenue between West 24th and West 25th Streets; and

WHEREAS, The sidewalk at the site of the proposed newsstand is 20 feet wide at this location; and

WHEREAS, The proposed location is midblock and not near the entrance to any of the businesses on the block;

WHEREAS, There are no other newsstands within a few blocks of the proposed location; and;

WHEREAS, The Applicant specified a 6'x10' newsstand which would leave 12'6" clearance of sidewalk space for pedestrian traffic, but the Applicant agreed to reduce the size of the newsstand to a smaller 4'x8' size, which leaves 14'6" clearance space for pedestrian traffic, so although this area is heavily trafficked by pedestrians, the width of the sidewalk is such that Community Board 5 thinks the proposed newsstand would not have a significant negative impact on pedestrian traffic; and

WHEREAS, Although a representative of the residential building adjacent to the proposed location expressed opposition to the newsstand there, the main concern of the residents was not about the newsstand, but rather the food vending truck which parks in the street at the same location, creating odor, noise and disturbance to the residents day and night; therefore be it

RESOLVED, That Community Board Five recommends approval of the newsstand on Sixth Avenue between West 24th and West 25th Streets.

WHEREAS, The applicant, seeks a permit to install and operate a 6'x10" newsstand at the SEC of West 47th Street and 7th Avenue; and

WHEREAS, The proposed newsstand would be located in an area that registers a heavy pedestrian flow on average of 87,532 People/Day and a Peak Pedestrian Counts between 10-11 PM of 8,275 People/Hour; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and

WHEREAS, Community Board Five has received letters opposing new newsstands in the Times Square area from building owners, and from the Times Square Alliance; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC of West 47th Street and 7th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 10pm on a weekday, and be it further

RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

WHEREAS, The applicant, seeks a permit to install and operate a 6'x10" newsstand at # SEC of West 42nd Street and 7th Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers a heavy pedestrian flow on average of 71,010 People/Day and a Peak Pedestrian Counts between 5:15-6:15 PM of 8,396 People/Hour, and on an average weekday, over 160,000 Passengers use the Times Square-42nd Street subway entrance; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and

WHEREAS, Safety is a crucial concern for Community Board Five, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and

WHEREAS, Community Board Five has received letters opposing new newsstands in the Time Square area from building owners, and from the Times Square Alliance; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC of West 42nd Street and 7th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 5pm on a weekday, and be it further

RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

WHEREAS, The applicant, seeks a permit to install and operate a 6’x10” newsstand at the SWC of West 23rd Street and 5th Avenue; and

WHEREAS, The proposed newsstand would be located in an area that registers a heavy pedestrian flow; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Safety is a crucial concern for Community Board Five, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and

WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and

WHEREAS, Community Board Five is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board Five recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SWC of West 23rd Street and 5th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at the rush hour of 6pm on a weekday, and be it further

RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

After reviewing the applicationfor a special permit for a physical culture establishment/spa at 29 West 35th Street, Community Board Five has no objection to the above request. 

WHEREAS, Community Board Five is home to the largest concentration of theaters in NYC; and

WHEREAS, Over the years, theaters have been negatively impacted by street fairs on their blocks on days when theaters have performances, impacting the entrance and exit of theatergoers, and impacting the box office sales; and

WHEREAS, Community Board Five recognizes that block parties and street fairs provide an opportunity for-not-for profit groups to raise funds, but acknowledges that they should be operated with minimal negative impact to their surrounding; and

WHEREAS, Street fairs can draw large crowds that cause great pedestrian congestion when theatergoers enter and exit the theaters; therefore be it

RECOMMEND, That Community Board Five requests that SAPO and CECM to relocate existing street activity permits on blocks/days when theaters have performances, and to deny street activity permits for new events, unless the event has the written support from the theater operator or theater owner.

The above resolution passed by a vote of 36 in favor; 1 opposed; 1 abstaining.

WHEREAS, The New York City Department of Education has proposed a new five-year capital plan which, despite the ongoing crisis of overcrowding and excessive class sizes in our schools, contains only 25,000 new school seats,  40% less than are in the current capital plan; and

WHEREAS, A coalition of elected officials, parents, advocates and the United Federation of Teachers have produced an analysis showing that based on DOE data in the “Blue Book,” at least 166,000 new seats are needed citywide in order to eliminate overcrowding and reduce class sizes to the levels in the city’s state-mandated class size reduction plan; and

WHEREAS, The city’s class size plan, as approved by the New York State Education Department (NYSED) in November 2007, entails an average class size of 20 in grades K-3, and an average of 23 students per class in all other grades by the fall of 2011; and

WHEREAS, The proposed capital plan is not aligned with the city’s class size reduction plan, and in fact is based on capacity figures that assume class sizes of 28 students in 4-8 grades, and 34 students per class in high school; and

WHEREAS, 60-80% of NYC students are in classes that exceed the levels in the city’s state-mandated class size reduction plan and in a recent survey 86% of NYC principals said that they were unable to provide a quality education for their students because of overly large classes, 50% said that overcrowding made it unsafe for students or staff, and many reported giving special services in hallways or closets; and

WHEREAS, According to DOE’s own data, 40% of NYC students attend overcrowded schools; and

WHEREAS, The city has both a moral and a legal obligation to provide the smaller classes that the State’s highest court ruled would be necessary for our children to be provided with their constitutional right to a sound basic education; and

WHEREAS, According to the 2009 Mayor’s preliminary budget analysis done by the Independent Budget office, the percent of city capital funding devoted to schools ranges from 30% in 2005 to 7.6% in 2008 and is at an all time low; and

WHEREAS, Despite the continuing rise in residential building, data drawn from Mayor’s Management Reports since Fiscal Year 1997 show that fewer school seats were created during the first six years of the Bloomberg administration than during the last six years of the Giuliani administration; and

WHEREAS, Many of the new seats created in this administration have resulted not from new schools built or leased, but because of “classroom conversions”– conversions that, in many cases, have been created at the cost of lost art rooms, computer rooms, or other specialty spaces; and

WHEREAS, Charter schools reduce existing school building capacity and consume critical administrative, classroom and specialty spaces and the funds for creating the 166,000 seats necessary to eliminate overcrowding and reduce class size could be obtained by reallocating priorities within the city’s capital plan and redirecting half of the increase in projected payments that are expected to go to charter schools over the next three years; and

WHEREAS, Given the current economic downturn, building more schools would provide a critical stimulus to the city’s economy – especially given the fact that 50% of the funds for school construction are reimbursed by the state and financed by bonds, repaid over thirty years; and

WHEREAS, Improving our schools will ensure a more stable middle class tax base; and

WHEREAS, Eliminating overcrowding and reducing class size should be regarded as a important economic strategy to improve the educational outcomes and future job success of NYC students; therefore be it

RESOLVED, That Community Board Five objects to the proposed five-year capital plan, and urges the Department of Education, the Mayor, and the City Council to significantly expand the number of new seats in the plan to 166,000, in order to provide NYC students with a better chance to learn.

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

WHEREAS, Parental engagement is one of the most critical contributors to educational attainment; and

WHEREAS, After New York City’s school governance structure was reformed in 2002, the New York State Legislature created Community Education Councils in 2003 to “provide an opportunity for meaningful participation for both parents and the community”; and

WHEREAS, A growing consensus has emerged that the current system of parental engagement under Mayoral control has not succeeded, with Public Advocate Gotbaum’s School Governance Commission, the City Council Working Group on Mayoral Control, the Campaign for Better Schools, the Parent Commission on School Governance, the leadership of LEARN-NY, and even Chancellor Joel Klein all calling for parental input and engagement to be improved; and

WHEREAS, In Manhattan Borough President’s 2006 survey of CEC members, “Parents Dismissed,” 92% of respondents reported not being trained on one or more of their state-mandated functions, 50% reported that DOE never provided them with PTA contact information, 37% reported that they had not attended a hearing on DOE capital plans, and 61% reported that they had never prepared a report card for their school district; and

WHEREAS, Two of the main reasons that the CEC model has not succeeded is that the process through which CECs are supposed to provide input into educational decisions is vague and undefined in State law and because CECs are dependent upon the Department of Education for resources and training, undermining their independence; and

WHEREAS, New York City’s Community Boards offer a more successful model for community input, because Community Boards have Borough Presidents to provide resources, support and training, making them more independent from the City’s Executive Branch, and because Community Boards have recognized, formal procedures in law, such as the Uniform Land Use Review Procedure (ULURP), through which they provide input into various City decisions; and

WHEREAS, New York City’s parent and school communities need and deserve an empowered voice in the City’s school system; therefore be it

RESOLVED, That Community Board Five supports Manhattan Borough President Scott Stringer’s proposal to reform and empower Community Education Councils after the model of the City’s Community Boards, by giving the City’s five Borough Presidents responsibility for training and supporting them, and by creating a Uniform Parental Engagement Procedure (UPEP) in State law, with specific timelines for hearings and input into educational policy decisions and District-level decisions such as the opening, closing, and relocation of schools; and also be it

RESOLVED, That Community Board Five supports legislation to enact this proposal, sponsored by State Senator Daniel Squadron and Assembly Member Jeffrey Dinowitz, and urges the State Legislature to reform parental engagement and empower Community Education Councils in any law that renews New York City’s school governance structure; be it further

RESOLVED, That Community Board Five also recommends a meaningful partnership between CECs and Community Boards be fostered, to work closely together on issues related to zoning, budgets, development and school overcrowding.

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

WHEREAS, 30 West 21st Street contains an empty lot located in the Ladies Mile Historic District, with street frontage of 16 feet; and

WHEREAS, The owner of the empty lot also owns the adjacent commercial loft building, which has the same address and is in the same tax lot as the empty lot; and

WHEREAS, The existing building has a fire stair at the rear which has egress to the empty lot; and

WHEREAS, The owner of the entire parcel appeared before  CB5 and the NYC Landmarks Preservation Commission ("LPC") and obtained approval September 11, 2007 for a development plan for a new building at the empty lot; and

WHEREAS, On September 11, 2007, the LPC found "that the existing fire stair and roll-down gate are not significant architectural features of the building, and therefore their demolition will not diminish the special architectural and historic character of the building and the Ladies Mile Historic District; that the construction of a new building on this largely vacant lot will create continuity in the street wall, and therefore contribute to the streetscape"; and

WHEREAS, After obtaining this approval, the roll-down gate was demolished in preparation for the new building's construction, however due to the current economic climate that development will not occur in the foreseeable future; and

WHEREAS, The owner would now like to secure the empty lot with an iron fence to prevent access to the empty lot for security purposes since the fire stair is exposed to intruders who could access the existing building if the lot is left open to the street; and

WHEREAS, The proposed iron gate has a relatively simple design since the LPC Staff, reportedly, could not discover any other comparable sites in the Historic District where gates have been installed, according to the applicant; and 

WHEREAS, The owner also desires to place a small air conditioning unit at the rear of the lot which would be concealed by a wooden fence and shrubbery; and

WHEREAS, This unit would eventually be totally out of view from a public passageway when a new building would be built on the empty lot; and

WHEREAS, The applicant intends to pave the empty lot with precast concrete, install planters and landscaping to improve the appearance of the empty lot; and

WHEREAS, The applicant intends to retain the existing parking lot curb cut should a future owner desire to have a townhouse with a garage; therefore be it

RESOLVED, Community Board Five recommends approval of the application to install a 16 foot wide iron gate at the front of the empty lot at 30 West 21st Street and to place an air conditioning unit at the rear of the empty lot to be concealed by a wooden fence and landscaping, along with paving and placing planters and landscaping in the empty lot

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining.

WHEREAS, St. Bartholomew’s Church, built in 1919, designed by eminent architect, Bertram G. Goodhue, incorporating the 1902 McKim, Mead & White entrance portal of the previous St. Bartholomew’s Church on Madison Avenue, is a prominent New York City Landmark which was designated in 1967; and

WHEREAS, This Romanesque Church provides a harmonious setting for the Stanford White portal and gives Park Avenue, between East 50th and 51st Streets an oasis of open space, color, variety of form and detail, including a large, open 4,200 square foot Terrace, which is used as a restaurant with tables and chairs in warm weather and contains various planters all year round; and

WHEREAS, The Terrace is in need of extensive resurfacing which will require the removal of the existing terracotta tiles and the waterproofing membrane; and

WHEREAS, The Terrace’s limestone parapet walls on Park Avenue and on 50th Street will be reconstructed using, for the most part, the existing limestone blocks together with replacement blocks, if needed; and

WHEREAS, The bluestone steps leading up from Park Avenue to the Terrace will be removed and replaced using reconditioned bluestones from the existing steps; and

WHEREAS, The restoration of the Terrace, the parapet walls, and the bluestone steps will include the following:

WHEREAS, The proposed restoration work of the Terrace will install a pavement system including waterproofing, using material that harmonizes with the existing Terrace and draws upon the original design for the design of the Terrace pavement layout; and

WHEREAS, The applicant has advised that it  is considering, if cost permits, the use of granite blocks instead of pressed concrete pavers to replace the Terrace’s terracotta tiles, which the Community Board strongly objects to because of the differences in the granite’s size and color from the existing terracotta; therefore be it

RESOLVED, Community Board Five recommends approval of the application of St. Bartholomew’s Church, 109 East 50th Street, to resurface the Terrace with pressed concrete pavers, repair the Terrace’s parapet walls and the Park Avenue approach and bluestone steps to the Terrace, and replace the seven non-usable clerestory windows located below grade or behind stone grilles in the parapet walls.

The above resolution passed by a vote of 29 in favor; 9 opposed; 1 abstaining.

WHEREAS, 236 West 45th Street between Broadway and Eighth Avenue, is a six story masonry structure designed by the architect Herbert J. Krapp and was constructed in 1917-18 as a legitimate Broadway playhouse, for theater owners Lee & Jacob J. Shubert; and

WHEREAS, The playhouse, originally named the Plymouth Theatre, was designated in 1987 as an individual Landmark by NYC Landmarks Preservation Commission; and

WHEREAS, In 2005, the theater was renamed to honor Gerald Schoenfeld, former chairman of The Shubert Organization; and

WHEREAS, The Shubert Organization has submitted an application to NYC Landmarks Preservation Commission seeking permission to remove and replace twenty existing windows that have become deteriorated, damaged and inoperable, windows that are located on the north/front leading into dressing rooms and bathrooms from the fire escape; and

WHEREAS, Although the existing windows are “grandfathered” by 1916 building or fire codes, there is some skepticism that even these may not be in accordance with those standards; and

WHEREAS, The applicant has proposed to install new steel framed windows which would be custom manufactured with the same appearance as the existing windows, and which would fit into the existing masonry window openings; and

WHEREAS, At the suggestion of the NYC Fire Department, the ne w windows would be casement style, which would flip open toward the inside of the building; and

WHEREAS, The proposed new windows will feature safety features in compliance with the NYC Building Code such as the adequate number of hours of fire stop and automatic closure to contain smoke and fire; and 

WHEREAS, The proposed window replacements are the first part of a program to rehabilitate the historic façade, any changes are solely for safety purposes, and the applicant has put forth the effort so that this change “will be done in a way so as not to alter the appearance and character of the façade”; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application for permission to remove and replace windows at 236 West 45th Street.

The above resolution passed by a vote of 38 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Chin Chih Yang has submitted an application seeking permission to install seven (7) blocks of ice in the South Plaza of Union Square Park on Saturday August 1, 2009 between the hours of 11:00 AM and 7:00 PM, requiring set-up to begin at 8:00 AM, and clean-up to be completed by 8:00 PM; and

WHEREAS, The size of each block of ice ranges from 8’-0” to 10’-0” in length and 3’-0” to 5’-0” in height; and

WHEREAS, The installation and removal of the ice will abide by Department of Transportation regulations; and

WHEREAS, This proposed art installation is sponsored by the Lower Manhattan Cultural Council; and

WHEREAS, The proposed art exhibit event would give participants the opportunity to interact with large, melting blocks of ice on a hot summer day, as well as with the artist himself; and

WHEREAS, The event is free of charge to all participants, and there will be no sale merchandise or food, nor will there be any advertising materials distributed; and

WHEREAS, It is anticipated that several hundred of people may attend the proposed event throughout the course of the day; and

WHEREAS, The proposed event is one which does not require a large amount of space, is brief in duration, does not have a commercial intent, and may offer some public benefit due to its attempt to educate the public on global warming; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Chin Chih Yang for an art exhibit event in the South Plaza of Union Square Park on Saturday August 1, 2009.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Nepal America Welfare Association has submitted applications to conduct Nepalese Handicraft Exhibitions in the South Plaza of Union Square Park on Sunday July 12th 2009 between the hours of 8:00 AM and  7:00 PM, and on Sunday August 16th, 2009 between the hours of 7:00 AM and 7:00 PM; and

WHEREAS, The proposed exhibitions are free of charge to all spectators, there are no vendor participation fees, there will be no sale of food; and

 WHEREAS, The events are intended for the display and the sale of Nepalese crafts, which include wooden and woolen gift items such as bags, shawls, caps, scarves, wood and stone statues; and

WHEREAS, Nepal America Welfare Association is a 501(c)3 nonprofit organization; and

WHEREAS, The applicant has advised us that thirty percent (30%) of the money raised from the sale of merchandise will be donated to areas of need in Nepal; and

WHEREAS, The applicant views their events as a means of connecting Nepalese middlemen with American whole sellers and retailers; and

WHEREAS, The applicant was unable to provide a site plan detailing the footprint of these events, and any banners or signage which are proposed to be used; and

WHEREAS, Community Board Five is concerned that this event is commercial in nature, making usage of the park space as more of a marketplace than as a site for a cultural or artistic exhibition; therefore, be it  

RESOLVED, That Community Board Five recommends denial of both applications by Nepal America Welfare Association to conduct Nepalese Handicrafts Exhibitions in Union Square Park on Sunday July 12th 2009 and on Sunday August 16th 2009.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, The New York Buddhist Church has submitted an application to hold their 60th Annual Obon (Japanese) Folk Dance Festival at the west side of Bryant Park near the fountain, on Sunday July 12th 2009 between the hours of 12:30 PM and 5:00 PM, requiring set-up to begin at 9:30 AM, and clean-up to be completed by 6:00 PM; and

WHEREAS, This will be the thirteenth year that this event has been conducted in Bryant Park; and

WHEREAS, The festival will include opening remarks, the Star Spangled Banner, a demonstration of drum music, messages from the NYC Mayor’s Office and the Japanese Consul, a presentation of folk dances with audience participation, a dance demonstration, a children’s corner with crafts, and information tables; and

WHEREAS, The event is free of charge, there will be no sale of merchandise, programs and printed materials will not be distributed, but will be available at information tables, and there is no signage, therefore, be it

RESOLVED, That Community Board Five recommends approval of New York Buddhist Church’s application to conduct a special event in Bryant Park on Sunday July 12, 2009.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

HEREAS, Shelley Fox has submitted an application seeking permission for a health fair to be conducted in the South Plaza of Union Square Park on Sunday August 2, 2009 between the hours of 10:00 AM and 4:00 PM, requiring set-up to begin at 7:00 AM, and dismantling and clean-up to be completed by 6:45 PM; and

WHEREAS, The mission of the proposed Paradise Health Fair is to educate participants on a wide variety of illnesses, promote illness prevention, provide free comprehensive health screenings, and to further inspire people to take responsibility for their well being and vitality; and

WHEREAS, Activities will also include HIV testing, interactive demonstrations for children, and musical entertainment by a live band and DJ; and

WHEREAS, The applicant has expressed a desire that the proposed health fair would provide wellness information for the homeless; and

WHEREAS, The event is free of charge to all spectators, and there will be no sale of merchandise or food, however free food and smoothies would be served; and

WHEREAS, Although Community Board Five is concerned that due to the current and ongoing construction in the North Plaza, there is a decrease in available park space, as well as fewer days in which special events can be held in Union Square Park, the proposed event is one which does not require a large amount of space, is brief in duration, does not have a commercial intent, and may offer some public benefit; therefore, be it

RESOLVED, That Community Board 5 recommends approval of the application by Shelley Fox to conduct the First Annual Paradise Health Fair in Union Square Park on Sunday August 2, 2009.

The above resolution passed by a vote of 31 in favor;
opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Sisa Pakari Cultural Center has submitted an application seeking permission for a special event to be conducted in the South Plaza of Union Square Park on Sunday July 26, 2009 between the hours of 11:30 AM and 3:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on May 4, 2009 to present their proposal for review; and

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

RESOLVED, That Community Board Five recommends denial of the application by Sisa Pakari Cultural Center to hold a special event in Union Square Park on Sunday July 26, 2009.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Archive Group, Inc., d/b/a "Under The Volcano," has notified Community Board Five of his intent to apply for a transfer of the on-premises liquor license for the premises at 12 East 36th Street; and

WHEREAS, The applicant (Amar Gautam) is presently operating under a SLA "temporary license," has experience and managed other like operations in New Brunswick, NJ; and

WHEREAS, The applicant plans to have the premises operate as a neighborhood bar, with hours of operation to be from 3 p.m. until 3 a.m. Mon-Thurs and until 4 a.m. on Friday and Saturday, closing Sunday at 2 a.m., offering light fare, cheese plates, etc., and

WHEREAS, The total occupancy is 70 and no one from the public spoke in opposition to this application; therefore be it

RESOLVED, That Community Board Five recommends approval of the transfer of the on-premises liquor license for Archive Group, Inc., d/b/a "Under The Volcano," located at 12 East 36th Street.

WHEREAS, The applicant, 147 W. 47th St. Restaurant Corp., 157 West 47th Street TS Hotel LLC, and Amalia NYC LLC has notified CB5 of their intent to apply for an alteration to their liquor license for a rooftop lounge at the premises located at 157 West 47th Street, d/b/a “Aspen Social Club”(formerly Holiday Inn, presently “Stay”); and

WHEREAS, The application encompasses three (3) floors within the Aspen Social Club:

WHEREAS, The largest outdoor space is on the 11th floor (2500 square feet) and faces north where there are no residential buildings – open until 4 am (as per CB5 Guidelines re hours of operation extended due to proximity to residents); and

WHEREAS, The south terraces (10th and 12th floors) are small and closing time will be at 10 p.m., which is in compliance with CB5’s Rooftop Guidelines) and will not negatively impact any residents; and

WHEREAS, All three floors will serve food and drink; and

WHEREAS, There will be a live DJ however, a sound engineer, Al Fierstein of Acoustilog (who attended the Public Safety/Quality of Life Committee meeting) was hired to make an assessment of the space and make recommendations to ensure minimum noise impact on the neighbors – the sound system at the premises will conform to the specifications recommended in the attached sound engineer’s report – locked limiter compressors will be installed on all sound equipment to prevent sound from being raised above legal levels; and

WHEREAS, A waiting area will be designated within the premises to avoid any waiting lines outside the premises and there are two (2) elevators for service to the 10th, 11th and 12th floors in addition to an elevator specifically for service to these floors; and

WHEREAS, Promoters will not operate the events and will only be responsible for marketing guests; and

WHEREAS, Greg Bier and Holly Roberts (applicants) reached out to neighbors at 150 West 47th Street, invited them to meet and tour the space on Thursday, May 7, 2009 – residents were provided with a copy of the Acoustilog report as well as a letter indicating steps that would be taken to prevent any adverse impact on their quality of life; and

WHEREAS, The applicant(s) offered to meet with neighbors and CB5 on a regular basis in order to address any complaints from the community; and

WHEREAS, The applicant(s) have agreed to adhere to all of the above conditions in the form of a signed affidavit and to incorporate these conditions into the liquor license application method of operation and will submit to CB5 a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends disapproval of the alteration of the liquor license for 147 W. 47th St. Restaurant Corp., 157 West 47th Street TS Hotel LLC and Amalia NYC LLC unless the above and attached conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 31 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant, Studio 466 Inc., has notified Community Board Five of their intent to apply to the NY State Liquor Authority for an on-premises liquor license for the premises located at 466 Lexington Avenue; and

WHEREAS, CB 5 receives approximately 40-50 liquor license/wine/renewal/cabaret applications per month; and

WHEREAS, In order for CB5's Public Safety/Quality of Life Committee to determine whether or not the applicant is to come before the committee and the full board, research is done that includes information regarding square footage, public assembly, sound amplification and hours of operation as well as a site visit and discussion with the applicant; and

WHEREAS, Applicants and/or their attorneys are notified to provide such information regarding their request to the community board office in the form of a questionnaire; and

WHEREAS, This questionnaire is provided on the CB5 website and made available to applicants and, as noted on the questionnaire, is due one week after their letter of intent is received at the board office; and

WHEREAS, Each month after the deadline, numerous follow-up phone calls/emails, are made by the board office and in some cases this request for information is ignored; and

WHEREAS, Those applicants/attorneys who do not comply are called and apprised in writing that the information requested in the questionnaire is an essential part of the process; and

WHEREAS, The same applicants/attorneys are also apprised that a negative resolution will be presented to the full board by the committee with the ONLY exception being that the board office receives a letter (copy to State Liquor Authority) requesting postponement until the next month and with the notation that said application to the State Liquor Authority will not be submitted until after the

applicant/attorney meets with the PS/QL Committee; and

WHEREAS, To date, no questionnaire or information has been received from this applicant; and

WHEREAS, After many months, the applicant has still not complied with this requirement and the PS/QL Committee and CB 5 have insufficient information regarding the above application for an on-premises liquor license; therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license for Studio 466 Inc. for the premises located at 466 Lexington Avenue.

WHEREAS, The applicant, 1170 Broadway Associates, a/k/a Nomad Hotel, has notified Community Board Five of their intent to apply for a hotel liquor license to include a ground floor restaurant and bar as well as a rooftop amenity/lounge for the premises located at 1164-1170 Broadway/12 West 28th Street (presently in pre-construction – anticipated completion date in 2010); and

WHEREAS, This new hotel will:

• be 13 stories
• have approximately 165 rooms
• include 2nd floor meeting and boardroom spaces
• include a catering hall
• include a bar/lounge/restaurant on the ground/mezzanine floors
• include a one-story bar/lounge/event space on the 13th floor
• have rooftop event space which may include a public bar and lounge; and

WHEREAS, The ground floor level, will have:

• two (2) full bars and one (1) service bar
• approximately 4,500 square feet of bar/lounge/restaurant space
• approximately 1,000 square feet of serviceable lobby/reception space; and

WHEREAS, The second floor of the premises will have:

• a catering hall and pre-function space of approximately 1,200 square feet
• one (1) service bar
• an outdoor area adjacent to the catering hall of approximately 400 square feet
• a boardroom of approximately 650 square feet;

WHEREAS, The 13th floor of the premises will have:

• one (1) service bar and two (2) portable service bars
• approximately 1,350 square feet of enclosed event/bar/lounge space including the historic cupola
• an unenclosed inhabitable terrace of approximately 1,200 square feet on the north façade with movable furniture and plantings
• total allowable occupancy of 180 persons; and

WHEREAS, This area is zoned for light manufacturing and there are no residential buildings adjacent to or nearby (the closest is three buildings and one street away); and

WHEREAS, The hours of operation are until 4 a.m., when desired, and are in compliance with CB5's Rooftop Guidelines re hours of operation extended due to proximity to residents; and

WHEREAS, Roof access will have cameras and security that will operate until closing; and

WHEREAS, There will be no amplified sound, i.e., the sound system at the premises shall be designed specifically to limit the radiation of sound to the surrounding neighborhood; and

WHEREAS, The applicant shall not permit any third party sound systems to emit decibels in excess to the property's sound system; and

WHEREAS, There will be no request for a sidewalk café or a cabaret license; and

WHEREAS, Three residents in attendance at the committee meeting voiced their approval of this operation and welcomed the addition to their neighborhood; and

WHEREAS, There was no opposition voiced by the public at the committee meeting; and

WHEREAS, the applicant, his operator partner, and architect will meet and continue to meet with CB5's Public Safety/Quality of Life Committee to address all concerns regarding the rooftop operation; and

WHEREAS, The applicant offered to met with neighbors and CB5 on a regular basis if requested and also offered to provide a 24-hour hotline to a live manager or security director to immediately address any complaints from the community; and

WHEREAS, The applicant has agreed to adhere to all of the above in the form of a signed affidavit and to incorporate these conditions into the liquor license application method of operation and will submit to CB5 a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends disapproval of the hotel liquor license and rooftop event space, bar and lounge for 1170 Broadway Associates, LLC – a/k/a Nomad Hotel, located at 1164-1170 Broadway/12 West 28th Street unless the above and attached conditions in the form of an affidavit are adhered to and are incorporated into the method of operation of the State Liquor Authority application.