Resolutions: June 2006

WHEREAS, An application was made by Acqua Beauty Bar NY, Inc.., d/b/a Townhouse Spa, for a special permit for a physical culture/health establishment at 39 West 56th Street; and

WHEREAS, This establishment would occupy more than 5,708.37 square feet in the cellar, first and second floors; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application for a physical culture/health establishment at 39 West 56th Street.

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

WHEREAS, An application was made by Mothers Work Inc., for a special permit for a physical culture/health establishment at 575 Madison Avenue; and

WHEREAS, This establishment would occupy more than 1,292 square feet in the cellar; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application for a physical culture/health establishment at 39 West 56th Street.

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

WHEREAS, The National Association for Music Education has filed an application to hold an event on the Military Island (Times Square), between 43rd and 44th Streets on Friday, October 20, 2006; and

WHEREAS, Community Board Five has some concern regarding the safety of the children on Military Island due to the large amounts of vehicular traffic on either side of the traffic island; and

WHEREAS, This is a new event; and

WHEREAS, The purpose of this event is the promotion of learning the National Anthem; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by the National Association for Music Education.

The above resolution passed with a vote of 19 in favor, 18 opposed, 0 abstentions. 

WHEREAS, The House, Inc., located at 121 East 17th Street, between Irving Place and Union Square East, is applying for an on-premises liquor license; and

WHEREAS, This location/operation is in a free-standing 1854 carriage house (not landmarked) and will be a small neighborhood restaurant offering light fare (tapas, specialties, etc.) with quiet background music in 1,288 square feet of space, and a total capacity of 51 on two floors with hours of operation to be Sunday through Tuesday 11 a.m. to 1 a.m. and Wednesday through Saturday 11 a.m. to 2 a.m.; and

WHEREAS, There will be no sidewalk café and no cabaret, and

WHEREAS, The owner, Joseph Miller, who attended the Public Safety/Quality of Life (PSQL) Committee meeting on June 5, 2006, is a CIA graduate, has owned five restaurants (NJ and NY), and lives within two blocks of the location; therefore be it

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for The House, Inc., located at 121 East 17th Street, between Irving Place and Park Avenue South.

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

WHEREAS, Hill Country New York, LLC, d/b/a “Hill Country” is applying for an on-premises liquor license at 30 West 26th Street, between 6th Avenue & Broadway; and

WHEREAS, This location/operation is two floors of 4,500 square feet each, will be a “family style” Texas barbecue restaurant, will have total capacity of 200, and is in a non-residential building; and

WHEREAS, The hours of operation will be Monday through Thursday, 11 a.m. to 12 midnight, and Friday through Sunday, 11 a.m. to 2 a.m.; and

WHEREAS, The meats “smoker” room will be behind closed, air tight, glass doors with a special holding place in order to alleviate odors and venting will comply with code; and

WHEREAS, The basement will have live music and a cabaret license will be sought, however, the lease specifies that “Tenant’s Cabaret License may only be used in conjunction with and as integral part of Tenant’s restaurant business….will not be used in conjunction with a stand alone bar, salon, after hour’s club, private members club, dancehall, nightclub or discotheque” – (a representative of the landlord attended the PSQL meeting); and

WHEREAS, One of the owners, John Shaw, who attended the Public Safety/Quality of Life (PSQL) Committee Meeting on June 5, 2006, assured the PSQL Committee that he and his partner, Marc Glosserman, will abide by the recommendation of CB 5 when they apply for a sidewalk café and that should it be approved, the café as well as any open windows will close at 10 p.m.; and

WHEREAS, Mr. Shaw is an accomplished operator of several nationally acclaimed restaurants in New York and San Francisco (Bouley, Nice Ventures, and Union Square Hospitality Group) and will run the day-to-day operations of Hill Country; and

WHEREAS, Elizabeth Karmel, Executive Chef, is a grilling and barbecue information resource for the country’s media and food writers, chefs and cookbook authors and is regarded as America’s female grilling and barbecue expert; and

WHEREAS, Bobby Richter, Pit Master, has won numerous competitions including state championships in New York (2005), Connecticut (2003) as well as being the founder of Big Island Bar-Be-Que in New York; and

WHEREAS, In the event the premises are to be sold, the owners will notify the Community Board before finalizing the sale; therefore be it

RESOLVED, That Community Board Five recommends approval for an on-premises liquor license for Hill Country New York, LLC, d/b/a “Hill Country”, located at 30 West 26th Street.

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

WHEREAS, Bread & Butter Entertainment, LLC, d/b/a "Dragon", located at 37 West 26th Street, between Broadway and 6th Avenue is applying for an on-premises liquor license; and

WHEREAS, This location/operation will be a lounge/restaurant of approximately 2000 square feet, total capacity 199, hours of operation will sometimes be until 4 a.m., operating four or five days a week (Wednesday through Saturday), no live music but will have tapes/CD's and special soundproofing, no dance floor/cabaret (not permissible) and no sidewalk cafe; and

WHEREAS, The owner, Tommy Tardie, who attended the Public Safety/Quality of Life (PSQL) committee meeting on June 5, 2006, owns and operates Fuelray Bar & Lounge at 68 West 3rd Street, located in Community Board 3; and

WHEREAS, Community Board 3 notified our board that they have no complaints regarding this establishment; and

WHEREAS, In the event the premises are to be sold, the owner will notify the community board before finalizing the sale of the premises; and

WHEREAS, The major complaints on and around this block are regarding the traffic congestion and therefore CB 5 will be sending a letter requesting increased police presence in the area; therefore be it

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for Bread & Butter Entertainment, d/b/a "Dragon", located at 37 West 26th Street.

WHEREAS, IHI-NY, LLC, is applying for an on-premises liquor license at 236 Fifth Avenue (between 27th and 28th Streets); and

WHEREAS, This location/operation is two floors totaling 9,700 square feet that includes a basement and ground floor with a mezzanine, will be a full service restaurant serving Mediterranean and Lebanese cuisine, will have total capacity of 350, and is in a non-residential building; and

WHEREAS, The basement will be used for the kitchen and storage, and the mezzanine may be reduced or eliminated (about 2000 square feet), reducing the square footage and total capacity; and

WHEREAS, The hours of operation will be Sunday through Wednesday, 11 a.m. to 2 a.m. and Thursday through Saturday, 11 a.m. to 3 a.m.; and

WHEREAS, The owner, Philippe G. Massoud, who attended the Public Safety/Quality of Life (PSQL) Committee Meeting on June 5, 2006, affirmed, as stated in his application, that there will be no open windows, no cabaret, and no sidewalk café; and

WHEREAS, Mr. Massoud is sensitive to CB 5’s concerns regarding noise and its impact on the area, and therefore will install special soundproofing and in the event the premises are to be sold, will notify the community board before finalizing the sale of the premises; and

WHEREAS, Mr. Massoud has successfully operated numerous establishments of high repute in New York (Chez Josephine, Carmines), Washington, D.C (Regional and Concept Director for Capital Restaurant Concepts), and elsewhere; 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 IHI-NY, LLC, located at 236 Fifth Avenue.

The above resolution passed with a vote of 32 in favor, 3 opposed, 1 abstention.  

WHEREAS, 52 West 22nd  Street in the Ladies' Mile Historic District is an Italianate-style rowhouse built in 1851 and altered in the late 19th century; and

WHEREAS, The five-story building was used as a warehouse for Wolf Paper and Twine and is being converted to condominiums; and

WHEREAS, The applicant proposes to enlarge the existing fifth floor, build a rooftop and rear yard additions and install a new storefront infill; and

WHEREAS, The façade work will include the removal of one step, the refurbishment of the existing stair stoop, and the recast and replacement of the railing; and

WHEREAS, On the ground floor, the existing bay will be restored, two glass and wood doors will be created, a wood and glass front door will be installed and a first floor show window will be refurbished; and

WHEREAS, The façade will be stripped of its red paint and the cornice fixed; and

WHEREAS, The existing wood windows will be replaced with new wood windows; and

WHEREAS, The applicant proposes to build out the existing fifth floor up to twelve feet from the front face of the building, thereby enlarging the fourth and fifth floors and construct a rear yard addition; and

WHEREAS, The applicant has made the representation that none of the additions will be visible from any thoroughfares; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to construct rooftop and rear yard additions and install storefront infill at 52 West 22nd Street in the Ladies’ Mile Historic District.

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

WHEREAS, The building located at 14 West 23rd Street, in the Ladies’ Mile Historic District was converted from a brownstone into a retail building by Henry Hardenbergh in 1882, and in 1892 the present cast-iron facade, designed by George H. Billings, was installed; and

WHEREAS, The site is the birthplace of Edith Wharton; and

WHEREAS, The application is to horizontally enlarge the existing 6th floor to accommodate office space; and

WHEREAS, The existing 6th floor is 545 square feet and the proposed plan will add an additional 770 square feet primarily to the back of the current unit; and

WHEREAS, The new 6th floor structure will be 10 feet high in the front and slope up to 12 feet high toward the back of the building; and

WHEREAS, The exterior finish of the structure will match the existing stucco clad finish on the existing 6th floor; and

WHEREAS, This 6th floor structure is set back 16 feet, 6 inches from the front of the building and will be slightly visible from Madison Park; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a Certificate of Appropriateness to enlarge the existing 6th floor at 14 West 23rd Street and regrets that the applicant has not made the addition totally invisible from the thoroughfares.

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

WHEREAS, The Central Park Conservancy has filed an application for the reconstruction of the East 85th Street Playground in Central Park (also known as Ancient Playground); and

WHEREAS, The East 85th Street Playground occupies a footprint of approximately 36,000 square feet and is entered through a single gate located at the eastern perimeter on Fifth Avenue; and

WHEREAS, The existing playground has gone largely unimproved since its last reconstruction in 1972, and the Central Park Conservancy seeks to:

• Enhance the playground design by renovating existing play structures and adding new equipment;

• Make the playground more responsive to contemporary users;

• Reconfigure and architecturally restore the playground's comfort station;

• Upgrade the playground to bring it within compliance of current ADA standards; and

WHEREAS, The Central Park Conservancy will utilize materials in the reconstruction that are sensitive to the history and the original design of the playground; and

WHEREAS, Part of this proposed reconstruction calls for the restoration and reinstallation of the ornamental Osborn Gates, (commissioned in the 1950's and completed by Paul Manship) for which approval is not sought at this time; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for the proposed reconstruction with the understanding that the specific plan for the Osborn Gates and the signage for the playground will be reviewed by the Board at a future time.

WHEREAS, The Central Park Conservancy has proposed to restore the Central Park Lake shoreline and landscaping; and

WHEREAS, This project will address the deteriorated condition of the Lake edge and adjacent landscape through reconstruction of the shoreline and the surrounding pedestrian paths in their existing configurations; and

WHEREAS, The four general project goals are to improve water quality, enhance landscape character, promote wildlife habitat, and restore historic architectural structures; and

WHEREAS, The project will be phased over a five-year period and carefully managed to minimize impact on the Park and its users; and

WHEREAS, The first construction phase, proposed to begin in summer 2006 with substantial completion in winter 2007, will restore the northwest cove known as Bank Rock Bay and its surrounding landscape; and

WHEREAS, Subsequent phases will be scheduled as the work progresses and as funds become available; and

WHEREAS, Since the five-year duration of the Lake project requires a level of community outreach not typically associated with a single capital project, The Central Park Conservancy will provide periodic updates on the progress and proposed phasing via the surrounding Community Boards; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to restore the Central Park Lake shoreline and landscaping.

The above resolution passed with a vote of 37 in favor, 0 opposed, 1 abstention. 

WHEREAS, An application to host artist William Pope.L’s “The Black Factory,” a touring performance-installation on wheels, whose mission is to travel the country encouraging discussion about class and race was presented by The Vera List Center for Art and Politics at The New School; and

WHEREAS, The event will be held on Saturday, July 22, 2006 from 10:00 am until 6:00 pm; and

WHEREAS, This is a one time event to be held on the southern section of Union Square Park; and

WHEREAS, There are no corporate sponsors; and

WHEREAS, The New School will pay the performers an honorarium and performers will not accept or solicit gratuities; and

WHEREAS, Those who wish to purchase pieces used in the performance will be directed to contact the artist directly and sales will not be made the day of the event; and

WHEREAS, William Pope.L’s “The Black Factory” has visited cities across the country without conflict or incident; therefore be it

RESOLVED, Community Board Five recommends approval of The Vera List Center for Art and Politics at The New School’s presentation of William Pope.L’s “The Black Factory” to be held in Union Square Park on Saturday, July 22, 2006.

The above resolution passed with a vote of 34 in favor, 2 opposed, 1 abstention.  

WHEREAS, Central Park is the major recreation spot in Manhattan whose internal roads are currently packed with joggers, bikers, roller-bladers, walkers and others desiring outside recreation, in addition to vehicular traffic; and

WHEREAS, Numerous health and environmental organizations support a “car free summer” in Central Park including the America Lung Association, the Sierra Club, the American Heart Association and the League of Conservation Voters; and

WHEREAS, The entrances to Central Park Drive at West 90th Street, West 77th Street, East 102nd Street, and East 90th Street have been permanently closed since January 2005 without known detrimental impact to the surrounding neighborhoods; therefore be it

RESOLVED, That Community Board Five supports Mayor Bloomberg in his placing additional restrictions on car traffic in Central Park starting on June 5, 2006 through mid-November 2006, with Central Park’s West Drive open to motor vehicles only from 7:00 am to 10:00 am and Central Park’s East Drive north of 72nd Street open only from 3:00 pm to 7:00 pm; and

RESOLVED, That Community Board Five recommends the City fund an independent study to assess the environmental and traffic impact on the partial road closers, including but not limited to: air quality in and around the Park, how much traffic increases on proximate alternate routes and related congestion, possible increased travel times, pedestrian/vehicular accidents, and the effect on businesses inside the Park.

The above resolution passed with a vote of 19 in favor, 11 opposed, 1 abstention.  

WHEREAS, There is a great need for rent controlled and rent stabilized housing in Manhattan; and

WHEREAS, The vast majority of rent controlled and rent stabilized apartments are occupied by middle or low income families or individuals; and

WHEREAS, Rent-control and rent-stabilized beneficiaries are often single elderly individuals who do not have the means to find other non-assisted housing; and

WHEREAS, Rent-controlled and rent-stabilized tenants have a right to fair treatment by landlords and the New York City government; and

WHEREAS, The current city legislation does not require landlords to notify the City Council and Community Boards in writing of future demolitions to their rent controlled or rent stabilized residences; and

WHEREAS, The Department of Buildings (DOB) does not offer public lists of landlords who file to terminate rent controlled apartments; and

WHEREAS, “Phony demolitions” have been used as a pretence to coerce rent controlled and rent stabilized individuals out their apartments; and

WHEREAS, The general public, Community Boards and the City Council should be notified upon the termination of rent controlled and rent stabilized apartments; and

WHEREAS, Councilmember Rosie Mendez has introduced legislation that would require landlords to notify the City Council, Community Boards and rent controlled and rent stabilized tenants in writing regarding the demolition of rent controlled buildings; therefore be it

RESOLVED, That Community Board Five supports Councilmember Mendez’s Bill to Amend of the NYC Housing Code (Int. no. 340); be it further

RESOLVED, That Community Board Five supports the inclusion of an amendment to Int. no. 340 requiring DOB to publish a list of landlords who are evicting tenants from rent controlled and rent stabilized tenants due to demolition of the building.

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

WHEREAS, According to the NYC Rent Guidelines Board report “Changes to the Rent Stabilized Housing Stock in NYC in 2004,” a total of 88,000 rent stabilized housing units were lost in New York City in a 10 year period from 1994-2004; and

WHEREAS, Building owners eager to increase profits on rent-stabilized units have utilized a variety of means to turn these units into luxury housing or commercial units resulting in thousands of rent-stabilized units being permanently removed from rental housing stock; and

WHEREAS, The current demolition provision in the NY State Rent Stabilization Law enables building owners to demolish old, dilapidated and dangerous housing in order to replace it with new, safe housing; and 

WHEREAS, Building owners are increasingly circumventing the Rent Stabilization Law by applying for a demolition permit in order to move tenants out when their real purpose is to do a simple renovation so that they can lease apartments for higher rents; and

WHEREAS, New York State Assembly Member Deborah Glick has introduced Bill #A10944 that will clarify the definition of demolition, making it consistent with its common and intended definitions; and 

WHEREAS, This bill will make it clear that owners will not be permitted to eliminate rent-stabilized housing units by manipulating the demolition provision; therefore be it

RESOLVED, That Community Board Five strongly supports Assemblymember Deborah J. Glick’s Bill #A10944 in order to preserve affordable housing in New York City.

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