WHEREAS, An application has been made by Mr. Jayesh Patel for the operation of a newsstand at the S/E/C of Park Avenue South and East 28th Street and N/E/C of Park Avenue South and East 28th Street; and

WHEREAS, The Consents & Variances Committee of Community Board Five did an on-site inspection of the location and decided that the placement of a newsstand at the N/E/C of Park Avenue South and East 28th Street would not have a negative impact on pedestrian flow; and

WHEREAS, After checking on the site for the S/E/C of Park Avenue South and East 28th Street, the Committee had concerns that this location would impact negatively on pedestrian flow; therefore be it

RESOLVED, Community Board Five recommends approval of the application for a newsstand at the N/E/C of Park Avenue South and East 28th Street; and be it further

RESOLVED, That Community Board Five recommends denial of the application for a newsstand at the S/E/C of Park Avenue South and East 28th Street.

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

WHEREAS, Vezzo Inc., has submitted an application for an unenclosed sidewalk café for 16 tables and 32 seats located at 178 Lexington 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 16 tables and 32 seats at 178 Lexington Avenue.

The above resolution passed with a vote of 20 in favor, 15 opposed, 0 abstention.   

WHEREAS, A request was made by The Grand Lodge of Free and Accepted Masons of the State of New York to co-name the north east corner of 23rd Street and the Avenue of the Americas “MASON WAY”; and

WHEREAS, Community Board Five has traditionally opposed such installations unless certain criteria are met, including a special relationship between the honoree, New York City and the location where the blade is to be installed; and

WHEREAS, Even though in this case such a relationship exists, Community Board Five is concern with the impact of additional street blades on the city landscape; therefore, be it

RESOLVED, That Community Board Five does not support the request for street co-naming of the north east corner of 23rd Street and Avenue of the Americas “Mason Way”

The above resolution passed with a vote of 26 in favor, 6 opposed, 0 abstentions.   

WHEREAS, A request was made by Soka Gakkai International USA to co-name 15th Street between 5th Avenue and Union Square West in honor of Dr. Daisaku Ikeda; and

WHEREAS, Community Board Five has traditionally opposed such installations unless certain criteria are met, including a special relationship between the honoree, New York City and the location where the blade is to be installed; and

WHEREAS, Although in this case such a relationship exists, Community Board Five is concerned with the impact of additional street blades on the city landscape; therefore be it

RESOLVED, That Community Board Five does not support the request for street co-naming of 15th Street between 5th Avenue and Union Square West.

The above resolution passed with a vote of 25 in favor, 9 opposed, 3 abstentions.    

WHEREAS, 520 Madison Owners, L.L.C. is applying for a CPC Chairperson's Certification to permit an open air café within an urban "bonus" plaza; and

WHEREAS, This proposed open air café:

• Will be in the urban "bonus" plaza located on East 53rd Street, on the west side of the 43-story office tower at 520 Madison Avenue; and

• Will be operated by a restaurant called "Alto" that is already in operation at the rear, north end of the plaza; and

• Will be in an area of approximately 522 square feet at the rear of the plaza, separated  from the public area of the plaza by movable table-height barriers made of canvas and bronze, similar to the decorative materials already in use in the adjacent office building lobby and in the approved existing plaza signage; and

• Will encompass movable tables and seating for no more than 28 restaurant patrons, plus a small wait station; and

• Will be in operation from mid-day to approximately 11:00 p.m., from April to October; and

WHEREAS, When this urban plaza was built it complied with regulations in place in 1980 and subsequent zoning changes make it permissible for an open air café to be added as long as the CPC Chairperson certifies that the café that will not exceed 20% of the area of the 2,600 square foot plaza; and

WHEREAS, This proposed open air café meets the requirements of ZR Section 37-04(g)(3) in that it will be open to the sky and complies with the 20% area limitation; and

WHEREAS, The applicant proposes to reconstruct the plaza's perimeter wall to add 48 feet of new 24-inch-deep seating to offset the loss of seating on two granite benches at the north end of the plaza that will not be accessible to the public during the hours that the café is in operation; and

WHEREAS, The opening of an open air café at the rear of this plaza will not change the existing lighting nor displace any of the moveable tables and chairs nor interfere with continued public use of and access to the plaza, one that is frequented and valued as an amenity by neighborhood office workers and others; and

WHEREAS, This urban plaza is well maintained with plantings and seating that exceed the requirements of urban plazas; therefore let it be

RESOLVED, That Community Board Five recommends approval of the application of 520 Madison Owners, L.L.C. for a CPC Chairperson's Certification to permit an open air café in the urban plaza located at 520 Madison Avenue.

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

WHEREAS, On May 11, 2006, Community Board Five voted to approve an application for a Special Permit, pursuant to ZR §74-711, to permit the Owner to change some of the interior usage of the Hotel; and

WHEREAS, The Owner wishes to amend the application for a Special Permit to permit the installation of exterior signage on the portions of the Hotel located in a R10-H district, where they would otherwise be disallowed unless installed as an accessory to hotel use; and

WHEREAS, The application specifies the retention of the existing bronze lettered signage for the Oak Bar and Oak Room on the front and sides of the entrance canopy, and stenciled signs on the windows facing West 59th Street, and for new signage as follows:

• One metal plaque, no larger than 16"x 16", on one of the two sides of the Oak Bar entrance door on West 59th Street,

• One metal plaque, no larger than 16"x 24", located on one of the two sides of the West 59th Street retail entrance

• Two metal plaques, no larger than 16"x 24", on each side of the secondary hotel entrance on Grand Army Plaza,

• Two metal plaques, no larger than 16"x 24", on each side of the hotel entrance on West 58th Street

• No more than five painted signs (one per window), no larger than 12"x 24", to be stenciled on the lower window pane of each of the windows in the Edwardian Room facing West 59th Street

• No more than eight painted signs (one per window), no larger than 12"x 24", to be stenciled on the lower window pane of each of the windows facing Grand Army Plaza

• No more than six painted signs (one per window), no larger than 12"x 24", to be stenciled on the lower window pane of each of the windows facing West 58th Street; and

WHEREAS, The size, location, material, typeface and appearance of the signs will be subject to review by Community Board Five and approval by the Landmarks Preservation Commission ("LPC") at a later date; and

WHEREAS, The Owner has previously agreed to submit a Master Plan for the interior and exterior signage of the Building to the LPC; and

WHEREAS, The Owner did agree to include fewer painted window signs in its LPC application than would be permitted by the Special Permit; and

WHEREAS, The limited number and restrained locations of the signage will be consistent with the elegance of the Plaza Hotel; therefore be it

RESOLVED, That Community Board Five recommends approval of the amendment to the Special Permit to permit installation of exterior signage on the portions of the Plaza Hotel located within an R10-H zone.

WHEREAS, 136 Fifth Avenue is a one story (plus mezzanine) tax payer building, a remnant of a four-story row house in the Ladies’ Mile Historic District, built in 1850, the front of which was rebuilt in 1894 for commercial use; and

WHEREAS, The top three stories of the building were destroyed by fire in 1960 and the lower remaining story (plus mezzanine) are now vacant but had been occupied by Andrews Coffee Shop; and

WHEREAS, Previous applications, filed by Apple Computer, relating to the demolition of the existing structure and reconstruction of the façade were not approved by Community Board Five in March 2005 and July 2005; and

WHEREAS, The current application would involve removal of the existing glazing system, metal panel cladding storefront signage and awning, but would retain the existing structure; and

WHEREAS, The applicant proposes to install a limestone veneer storefront surround, limestone cornice, Kawneer glazing system and signage, and awning; and

WHEREAS, Community Board Five is concerned that the design and height of the proposed one story (plus mezzanine) building is not appropriate to the Ladies’ Mile Historic District; and

WHEREAS, Community Board Five believes it is more appropriate to replace the actual one story (plus mezzanine) structure with a four-story building, in keeping with the adjacent buildings, therefore be it

RESOLVED, That Manhattan Community Board Five recommends denial of the application for a Certificate of Appropriateness for exterior work and installation of new glazing entry system and signage identification at 136 Fifth Avenue.

The above resolution passed with a vote of 23 in favor, 7 opposed, 0 abstention.   

WHEREAS, The building located at 4 East 54th Street is a town house built in 1898-1900, designed by McKim, Mead & White for William Earl Dodge Stokes, his son and his wife, Rita Hernandez de Alba de Costa, and other residents of the property include William H. & Ada S. Moore; and

WHEREAS, The Italian Renaissance style townhouse was designated as an individual landmark by LPC in 1967; and

WHEREAS, The townhouse has housed several non-profit organizations from 1955 until 1993; and

WHEREAS, The building was purchased by Banco di Napoli in 1993, and in 2002 was purchased by Kiton clothing company and now serves as their wholesale and retail operation in North America; and

WHEREAS, The applicant wants to make several exterior modifications to the building to define their retail presence on the block; and

WHEREAS, The applicant wants to restore two limestone piers to the center of the entry fence, that had been knocked down by a truck in the 1970’s, and relocate the original lanterns back to the tops of these center posts from their current location on the outlying piers; and

WHEREAS, The granite curbs of this entry fence would be filled in to complete the structure; and

WHEREAS, The applicant wants to install four bollards on the sidewalk in front of the building (provided appropriate permits and reports from other city agencies are obtained) to prevent any future damage to the building; and

WHEREAS, The applicant wants to create an exterior lighting plan that includes retrofitting the four lights that currently exist on the ground floor just inside the entry fence to illuminate the deep stoop; and

WHEREAS, Four up-lights would be introduced on the second floor balcony and be installed behind the existing limestone balustrade making them invisible from street level; and

WHEREAS, Two up-lights would be introduced on the third floor balcony, placed up against the grating for minimal visibility; and

WHEREAS, Red, pendant, retractable awnings, without skirts, would be installed on all 12 front façade windows, from the second to the fifth floors, and these awnings would be attached to the current wood window frames and would be in line with the mid-level sash and the mechanisms painted to match the black window frames; and

WHEREAS, Only the awnings over the second floor windows would have the Kiton logo on them and all the rest will be plain; and

WHEREAS, The applicant would be removing the logo plaque placed between the two east windows and retrofitting said windows; and

WHEREAS, The applicant is seeking to legalize the two windows on either side of the front door that they enlarged without LPC permit in 2003 and to legalize the two windows on the east side of the building that were added without LPC permit in 2003; and

WHEREAS, Community Board Five is strongly opposed to legalizing work done without a permit, and some members of the Board even suggested to return the windows to their original state; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a Certificate of Appropriateness to make modifications the exterior of the building; and be it further

RESOLVED, That Community Board Five recommends denial for the legalization of the modifications done without a LPC permit.

The above resolution passed with a vote of  20 in favor, 9 opposed, 1 abstention.   

WHEREAS, The application is for a lighting plan and the decorative painting of cast iron ceiling components; and

WHEREAS, The restoration of the historic Minton tile ceiling in the Bethesda Terrace Arcade is underway, and the Conservancy's restoration proposal as initially approved did not address the lighting of the ceiling or the decorative painting of its ornamental cast iron suspension framework; and

WHEREAS, At that time, the applicant proposed to design both the ceiling lighting and decorative painting in the context of restored panels that would allow them to prepare mock-ups, and the Conservancy has since developed the design of these elements accordingly; and

WHEREAS, No provision for artificial light was made in the original design of the Arcade, and the only integral lighting element in Calvert Vaux and Jacob Wrey Mould's design was a skylight of colored glass, and the architects intended that the Arcade's floor and ceiling, both of which were originally encaustic tile (the current floor dates to 1912), would serve to brighten the space by reflecting indirect natural light; and

WHEREAS, Artificial lighting has been introduced to the Arcade in conjunction with the programmed use of the space at various periods in its history, and large pendant globe fixtures, suspended from the intersections of the ceiling's ornamental cast iron suspension grid, were installed as part of the restoration work of the 1980's; and

WHEREAS, The objectives of the lighting design for the Arcade are to light the Arcade by enabling the highly reflective surface of the restored Minton tile ceiling to illuminate the space as intended and respect the historic architectural and decorative fabric of the Arcade by adopting a minimalist approach to the fixture itself, and avoiding schemes that would require fixtures to be surface-mounted to the sandstone which contributed to its deterioration in the past; and

WHEREAS, The proposed design to achieve these objectives consists of:

• Installing a series of small halogen up-lights suspended from the cast iron ceiling
• Frame work at regular intervals, generally two fixtures per cast iron rib segment at each side of the tile panels
• Each fixture would measure approximately 5x2 in. x 7.5 in. with a curved underside and lens
• The fixtures would be suspended below and parallel to the cast iron ribs, directly beneath two of the twelve" holly leaf" elements that run down the center of each rib segment
• The fixtures would be suspended 24 in. below the ceiling at a height of fourteen feet above the floor
• The proposed finish for the fixtures and suspension is an anodized metallic finish in a neutral warm-gray, antique-bronze color
• No fixtures are to be suspended from the cast iron segments down the center of the ceiling or along the Arcade walls; and

WHEREAS, In absence of clear information about the color scheme, the design team established that the original cast iron treatment most likely included gold, and implemented a color scheme consisting of an artificial gold finish and tnemic paint in a single-color, and based on this analysis of relevant theory and utilizing a precedent design approach to the decorative painting of the cast iron ceiling components, gold will be used on the areas of highest relief , blue will serve as the mediating color, and red-brown will be used on receding areas; and

WHEREAS, Community Board Five was impressed with the effort put forth by the Conservancy to restore the Bethesda terrace arcade ceiling to its original splendor; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to paint the cast iron parts of the ceiling and install new lighting of the historic Minton tile ceiling in the Bethesda Terrace Arcade.

WHEREAS, The application is to install an 8-inch wide granite band around the Imagine Mosaic in Central Park; and

WHEREAS, In the course of the Central Park Conservancy’s ongoing efforts to conserve the Imagine Mosaic, they have identified additional measures that would be helpful in preventing future deterioration; and

WHEREAS, Water infiltration has been a major cause of cracks in the mosaic, popping tiles and the deterioration of the concrete foundation, which have become increasingly evident over the past year; and

WHEREAS, In addition to repaving the surrounding area, the Central Park Conservancy plans to address the water infiltration problem by creating a sealed joint between the pavement and the perimeter of the mosaic by proposing to add an 8-inch-wide granite band, flush with the perimeter of the mosaic and black to match the surrounding asphalt pavement, which would enable the Central Park Conservancy to create the sealed joint; and

WHEREAS, The proposed solution is not a panacea, but would postpone using more radical measures; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to install an 8-inch wide granite band around the Imagine Mosaic in Central Park.

The above resolution passed with a vote of 29 in favor, 0 opposed, 1 abstention.     

WHEREAS, Bryant Park Restoration Corporation applied for a special events permit for Dance for Peace on Sunday, July 30, 2006 from 2:00 p.m. to 8:00 p.m.; and

WHEREAS, The set-up will begin at 10:00 a.m. and clean-up end at 10:00 p.m.; and

WHEREAS, The event is to celebrate the electronic music community in New York, while raising funds to benefit the Save the Children’s Alliance; and

WHEREAS, Over 1,000 individuals are expected to attend; and

WHEREAS, It will be encouraged that participants donate $10.00 to the Save the Children’s Alliance, though the Alliance will not be listed as a sponsor; and

WHEREAS, There will be dance performances and speeches relating to the importance of dance; and

WHEREAS, Five D.J.s will be performing in one hour increments; and

WHEREAS, Two Genie brand lifts with telescopic arms will be used to suspend and support speakers; and

WHEREAS, Corporate sponsors will be sought but have not yet been identified; and

WHEREAS, Signage will be present, but has not been finalized; and

WHEREAS, The applicant was not present to address questions of safety, security, excessive sound, corporate sponsorship, signage, refuse; therefore, be it

RESOLVED, Community Board Five recommends denial of a permit to Bryant Park Restoration Corporation to hold a dancing and electronic music event on Sunday, July 30, 2006.

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

WHEREAS, Madison Square Park Conservancy has applied for a special events permit for September 2 – 10, 2006 to hold viewing of the US Open; and

WHEREAS, The set-up will begin Thursday, August 31 at 6:00 p.m. and clean-up will end Monday, September 11, 2006 at 6:00 p.m.; and

WHEREAS, American Express will have a Jumbotron screen on the Farragut Monument, bleachers on the plaza, a viewing area (exclusive for AMEX cardholders in the drained reflecting pool), food concessions provided by companies to be determined by an RFP, a speed serve promotional area and a kiosk to solicit AMEX customers; and

WHEREAS, The US Open will be broadcast with sound from 11:00 a.m. to 11:00 p.m. every day and evening; and

WHEREAS, Beer and wine will be sold; and

WHEREAS, Signage will be significant in size and number; and

WHEREAS, This event is commercial in nature; and

WHEREAS, Sound, security, refuse, park space for private promotion, the length of event and the evening schedule of events are major issues;

WHEREAS, This event was held last year despite the recommendation of denial, resulting in numerous complaints by local residents; and

WHEREAS, Neither the Parks Department nor the Madison Square Conservancy properly notified the Board of their intentions to hold this event again this year; and

WHEREAS, Due to this lack of notification, the Board was unable to post the neighborhood informing the public that the Board would be reviewing this item; and

WHEREAS, The Parks Department and the Conservancy made no real effort to work with the Board and address prior concerns; therefore be it

RESOLVED, That Community Board Five believes using scarce public space for commercial endeavors is unacceptable; and be it further

RESOLVED, That Community Board Five strongly recommends the denial of a permit to Madison Square Park Conservancy to allow American Express to take over a public park for twelve days to promote their product and broadcast the US Open.

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

WHEREAS, Pedestrian congestion has been a persistent problem in Herald Square and Greeley Square between 32nd and 35th Street between Broadway and the Avenue of the Americas; and

WHEREAS, The Department of Transportation undertook temporary expansion of the pedestrian walk space in Herald Square and Greeley Square in 2001 by painting lines and placing bollards and planters in the street to create more walking room; and

WHEREAS, Pedestrian traffic studies have shown that this extra room has created more space for pedestrians to walk and is not adversely impacting vehicular traffic in the area; and

WHEREAS, The Department of Transportation is proposing to make the temporary pedestrian walkways permanent including expansion of the sidewalk:

• In front of Macy's;
• At the Northwest and Southwest corners of 32nd Street;
• At the Northwest and Southwest corners of 33rd Street;
• On all sides of Herald and Greeley Squares; and

WHEREAS, Community Board Five continues to be concerned about street vendors in Herald Square and Greeley Square and wants to ensure that any new sidewalk expansion in this area is made available to pedestrians and is not utilized by vendors; and

WHEREAS, Community Board Five has supported past efforts to create more pedestrian walkways in Herald Square and Greeley Square; therefore be it

RESOLVED, That Community Board Five supports the Department of Transportations plan to create a permanent sidewalk where the temporary pedestrian walkways now exist; and be it further

RESOLVED, That Community Board Five urges the NYPD and the Department of Consumer Affairs to enforce the Street Vendor laws to ensure that the newly created sidewalk space is available for pedestrians and is not used by street vendors.

WHEREAS, Flat Iron Group has notified Community Board Five of its intent to apply for an on-premises liquor license at 37 West 17th Street (a commercial building); and

WHEREAS, Gloria Sardinis, owner/manager appeared before the Public Safety/Quality of Life Committee (PS/QL) on July 10, 2006, and informed the committee that she intends to open a small lounge of approximately 4,000 square feet with a capacity of 150, open every night from 5 p.m. to 4 a.m., and

WHEREAS, For the past four years, Ms. Sardinis has owned and operated a small lounge, "Rare," located at 416 West 14th Street in Community Board Two; and

WHEREAS, Ms. Sardinis assured the committee and has signed an affidavit that:

• she will not be using outside promoters;

• the premises will be soundproofed;

• no windows will be open onto the street;

• security will be available from 8 p.m. to 4 a.m. to be sure patrons entering, exiting, smoking, will do so quietly;

• she will not be requesting a cabaret license at this time but agreed that if she wishes to apply in the future she will abide by the recommendation of this Community Board;

• in the event the premises are to be sold, she will notify the Community Board before finalizing the sale of the premises; 

• she will provide the name and number of a contact person available on the premises during working hours; and

WHEREAS, Community Board Two has no complaints regarding Ms. Sardinis' operation at "Rare" on 14th Street; therefore be it

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for "Flat Iron Group," located at 37 West 17th Street with the understanding that the above stipulations will be incorporated into the method of operation of the New York State Liquor Authority Application.

WHEREAS, Delsener/Slater Enterprises, Ltd., d/b/a "Live Nation" has notified Community Board Five of its intent to apply for an on-premises liquor license for the premises located at 127 East 23rd Street (previously a movie and Off-Broadway theater – "Gramercy Theater"); and

WHEREAS, The applicant, Ron Delsener, is noted as one of the most professional music operators in the United States, producing shows in parks and in New York's Radio City, Madison Square Garden, Beekman Theatre, Roseland, and most importantly "Irving Plaza," which is located in CB 5 and has been operating under Delsener Enterprises for over 10 years; and

WHEREAS, This operation will be a live music venue from 8:00pm to 1:00am in a substantially commercial area, similar to but smaller than Irving Plaza, with a capacity of 700 seats, geared toward developing artists; and

WHEREAS, Assurances were given to CB 5 regarding certain concerns and Delsener/Slater Enterprises, Ltd., has signed an affidavit regarding the following where the applicant will:

• not operate a club or lounge on these premises;

• provide for the cleanup of any litter on the street or sidewalk within 50 feet from either side of the doors of the premises arising as a result of this operation;

• provide the telephone number of the manager/owner who will be on premises in case of emergency;

• in the event the premises are to be sold, notify the Community Board before finalizing the sale of the premises; 

• the contract of sale will provide that the purchaser intends to use the premises in substantially the same manner as is now existing (music venue);

• the buyers will meet with the Public Safety/Quality of Life Committee of Community Board Five upon finalization, such action/application shall be treated as a new entity;

• Crowd and Noise Control: sound will not exceed permissible levels and applicant will add sound proofing measures. Security personnel will discourage patrons from congregating outside and ensure that they leave premises in a respectful manner;

• make sure buses and/or trucks will unload further up on 23rd Street (commercial area) and will not remain parked (only for drop off);

• Use of Promoters: applicant will be sole promoter of the premises;

• inform CB5 of any and all corporate changes; and

WHEREAS, Delsener/Slater Enterprises has had a traffic study done regarding proximity to subways, buses, etc., which shows the high degree of mass transit and parking availability related to the premises; and

WHEREAS, Concern regarding the proximity to the School of Visual Arts dormitory and nearby Baruch College was discussed, however, the applicant offered to reach out and work with the colleges and police regarding ID checks, etc., and has, in fact, already met with the NYPD; and

WHEREAS, Community Board Five has had no complaints regarding this operator at the Irving Plaza location and has, in fact, received positive feedback from the precinct; and

WHEREAS, Due to Delsener/Slater Enterprises' experience, background, reputation, and commitment to working with the community and colleges in the immediate area; therefore be it

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for Delsener/Slater Enterprises, Ltd. d/b/a "Live Nation," located at 127 East 23rd Street, with the understanding that the above stipulations will be incorporated into the method of operation of the New York State Liquor Authority Application.