Resolutions: October 2006

WHEREAS, The Peninsula Hotel (formerly the Gotham Hotel) is an individual landmark, designated in 1989, that was built between 1902-05 to the designs of Hiss & Weekes in a neo-Italian Renaissance style; and

WHEREAS, The proposed project is to renovate the interior as well as the north, south and east facades of the penthouse addition to the building; and

WHEREAS, The subject penthouse was designed prior to LPC designation in 1980 by Stephen B. Jacobs in a style contrasting with that of the original 1902 building; and

WHEREAS, The LPC found that the penthouse is a non-contributing factor regarding its Landmark designation; and

WHEREAS, No alterations are planned for any portion of the 1902 façade; and

WHEREAS, Most of the exterior of the 3-story addition will remain unaffected, and no net expansion of the size of the building is planned; and

WHEREAS, The applicant proposes to remove a swimming pool and locker rooms and replace them with a suite of hotel rooms; and

WHEREAS, The proposal is to reduce the projection of the cantilevered middle floor by making it smaller in area, and adding that area to the lower floor, where it is effectively hidden by the enormous 1902 copper cornice; and

WHEREAS, The exterior work is concentrated on the east side of the building, at the lower two of the three stories of the Jacobs penthouse, and would result in reduced visibility of the penthouse addition from the street, and would result in a more regular and less distracting façade; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for rooftop renovations at 700 Fifth Avenue.

 The above resolution passed with a vote of 36 in favor, 0 opposed, 2 abstentions.  

WHEREAS, The building at 867 - 869 Broadway, located on the southwest corner of Broadway and East 18th Street is a five-story Romanesque Revival style store building, designed by the architect George W. Pope, erected in 1882-83 for Oliver Ditson & Company; and

WHEREAS, 867 - 869 Broadway is located within the Ladies’ Mile Historic District; and

WHEREAS, The applicant, Paragon Sporting Goods, a long time occupant of this building, seeks permission to create a curb cut at the sidewalk in front of the building freight entrance, located at 24 East 18th Street; and

WHEREAS, The sidewalk is constructed of blue-tinted concrete with a metal lined curb; and

WHEREAS, The proposed curb cut would be fifteen linear feet wide (15'-0") and create a twelve inch (12") sloped ramp from the street level back to the sidewalk level; and

WHEREAS, The proposed curb cut and ramping would allow for an expedited unloading of deliveries during the day, as this would enable a fork lift to unload trucks at the street level, and avoid offloading of deliveries outside the building; and

WHEREAS, The curb cut is not proposed to allow vehicular traffic; and

WHEREAS, There are several precedent curb cuts located throughout the Ladies’ Mile Historic District; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to allow the creation of a curb cut at the sidewalk in front of 24 East 18th Street.

The above resolution passed with a vote of 36 in favor, 0 opposed, 2 abstentions.   

WHEREAS, The Central Park Conservancy, has sought and obtained Community Board Five's approval for the shoreline restoration of the Central Park Lake at 77th Street in June 2006; and

WHEREAS, The Conservancy agreed to seek Community Board approval for specific design elements over the course of the five-year, multi-phase project; and

WHEREAS, The Oak Bridge structure spans the lake at its northern most tip and is one of three key entries to the Rambles; and

WHEREAS, The original bridge was designed by Calvert Vaux in 1860 and integral component of the park's design; and

WHEREAS, Throughout its life, the superstructure of the Oak Bridge has deteriorated and been replaced three times; and

WHEREAS, The current bridge dates from the 1930's is a utilitarian, presumably temporary, replacement with wood plank floor and iron pipe railings that does not match the original design; and

WHEREAS, The proposed bridge design:

• recreates as closely as possible the look and feel of the original ornamental bridge

• uses modern materials and engineering techniques to create a durable structure that is cost-effective to build and maintain

• complies with current design standards and load requirements; and

WHEREAS, The project will incorporate restoration techniques that have proven successful on other architectural elements of the park; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by the Central Park Conservancy for the reconstruction of the Oak Bridge

WHEREAS, The building at 240 West 30th Street was designed by architects D’Oench & Simon for the Fire Patrol and has been used as a fire patrol station for over 100 years; and

WHEREAS, It was built by the New York Board of Fire Underwriters in 1894-5 and opened in September of 1895 as the firehouse for Fire Patrol #3 (It is now designated Fire Patrol #1); and

WHEREAS, The Fire Patrol itself is a two hundred year old institution which pre-dates the New York City Fire Department as the city’s oldest private fire fighting institution and it is believed that fire patrols of insurance underwriters were in virtually every city in the United States, but that New York is not only the oldest in the country but the only one operating with three still in existence; one on 3rd Street(1906), one in Brooklyn (1909)and the firehouse on 30th Street (1894-5); and

WHEREAS, The four-story, three-bay elaborate masonry firehouse at 30th Street has a two-story stable at the rear, which housed two horses that used to pull the fire engines of that day;  and

WHEREAS, The building was designed in eclectic Flemish Revival style.  Its buff brick ornate façade has a classically inspired first floor.  A molded cornice is supported by engaged columns.  The cornice projects at the characteristic center vehicle entry which is also marked by flanking Doric columns; and

WHEREAS, The first floor now painted red, is Indiana limestone with a granite base and the upper floors are buff brick with raised limestone bands; and

WHEREAS, It was considered a fine example of a modern firehouse at the time, and the New York Times wrote in 1895 that great “care in regard to details of construction has been shown everywhere in the building…On the first floor the latest patterns of fire alarm instruments have been put in and every known device that can lessen the time of leaving the building has been adopted.”; and

WHEREAS, The windows have ornamental terra cotta pediments, different on each floor and the large arched window on the top floor balances the classical base at the first floor; and

WHEREAS, The building is very much intact and except for an original Flemish gable and peaked roof which were replaced by a stepped parapet and flat roof, the doors which are non-historic as are the windows except for the top floor and the original large arched center door leading to the stables remains; and

WHEREAS, There is an ornate stone plaque between the second and third floors that reads: “Erected by the New York Board of Fire Underwriters 1894”; and

WHEREAS, 240 West 30th Street is extremely significant for its history as a continuously operating fire patrol station for over 100 years, as well as for its architecture with its handsome eclectic style façade, ornate terra cotta and limestone, and for its rare rear brick stable and as one of the earliest and the last remaining private firefighting institutions; therefore be it

RESOLVED, That Community Board Five recommends that the Fire Patrol Station at 240 West 30th Street be designated a New York City landmark and urges the Landmark Preservations Commission to immediately calendar a designation hearing.

The above resolution passed with a vote of 36 in favor, 0 opposed, 2 abstentions.   

WHEREAS, The applicant, 400 Fifth Realty LLC, proposes to transfer development rights from 401 Fifth Avenue, aka the Tiffany Building, located at the corner of Fifth Avenue and 37th Street, to a site located at 400 Fifth Avenue, across the street, at the corner of Fifth Avenue and 36th Street, pursuant to section 74-79 of the Zoning Resolution; and

WHEREAS, The designated landmark at 401 Fifth Avenue is the Tiffany Building, built in 1903-06 in an Italian neo-Renaissance style and designed by world famous McKim, Mead & White; and

WHEREAS, The applicant seeks to modify the height and setback regulations as well as modify the requirements for pedestrian circulation; and

WHEREAS, Under the section 74-79 of the zoning code, the proposed building must have a harmonious relationship with the landmarks around it; and

WHEREAS, Under the section 74-79 of the zoning code, a program for the continuing maintenance of the landmark must be established; and

WHEREAS, This proposal will be reviewed by the Land Use and Zoning Committee of Community Board Five at a future date that would address the zoning requirements; and

WHEREAS, An application for the transfer of development rights at this site, under a different ownership and a different architect, had previously been made in October 2004 and May 2005, and in both instances, Community Board Five recommended denial; and

WHEREAS, The vacant site at 400 Fifth Avenue is 16.000 sq/ft and has a 15 FAR; and

WHEREAS, The applicant seeks to transfer 173.692 sq/ft from the Tiffany Building; and

WHEREAS, The proposed building would be a mixed use building with 173.000 sq/ft reserved for a hotel and 315.000 sq/ft dedicated to residential use; and

WHEREAS, The proposed building would be 591 feet high with a 40 foot mechanical unit, and would be composed of a tower on a tripartite base with an abstract cornice, a curved facade between  the avenue side and the street side of the building; and

WHEREAS, As a result of the transfer of development rights, the massing of the proposed tower would allow for a parallelepiped shaped building with no recessed portion; and

WHEREAS, The proposed building is located in the vicinity of several landmarks, including the Tiffany Building, the Empire State Building, the building adjacent to Tiffany and the building adjacent to 400 Fifth Avenue; and

WHEREAS, Pursuant to section 74-79 of the Zoning resolution, the applicant proposes a preservation plan for the Tiffany building that would include rebuilding the original tile roof (not visible from the street), repair the sidewalk and give an easement for the façade to the New York Landmarks Conservancy for which the developer would receive a tax deduction, and

WHEREAS, Although there was some concern that the preservation plans may not be adequate; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to request that the Landmarks Preservation Commission issues a report to the City Planning commission pursuant to section 74-79 of the Zoning Resolution to permit transfer development rights from the historic Tiffany Building, located at 401 Fifth Avenue to 400 Fifth Avenue.

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

WHEREAS, The Park Avenue Sculpture Committee has applied for a special permit to host a sculpture exhibition in the Park Avenue median from 52nd-57th Streets; and

WHEREAS, The sculptures will be miniature cabins; and

WHEREAS, The selected artist, Donna Dennis, has exhibited similar work, and is nationally recognized; and

WHEREAS, The cabins will be smaller than human scale and not have an entrance; and

WHEREAS, The display period requested is from March to June 2007; and

WHEREAS, The organizers are fully insured and promise no planting damage; and

WHEREAS, The Park Avenue Association was involved in the approval process; and

WHEREAS, Signage will be limited to the standard artist plaque; therefore be it

RESOLVED, Community Board Five recommends approval for the sculpture series in the Park Avenue median under the stipulation the sculptures are proximate to the cross street waiting areas to ensure the curious do not attempt to cross the street mid-block to inspect what might otherwise appear to be an inhabitable space.

The above resolution then passed with a vote of 28 in favor, 6 opposed, 2 abstentions.    

WHEREAS, Milbel Enterprises, Inc., d/b/a “Duvet”, is applying for renewal of their liquor license, located at 45 West 21st Street; and

WHEREAS, In February, 2004, Edward Belkin, owner, came before the Public Safety/Quality of Life (PS/QL) Committee of Community Board Five and it was explained that this was within CB5’s Moratorium (20th, 21st, and 22nd Streets between 5th & 6th Avenues), and that the community board and the community were concerned regarding the quality of life of the neighborhood, specifically pedestrian and vehicular traffic as well as excessive noise on the street; and

WHEREAS, Mr. Belkin assured the committee that no promoters were to be used and agreed to certain conditions, among them that a waiting area would be maintained inside the premises to alleviate lines outside; and

WHEREAS, Mr. Belkin signed an affidavit to that effect (see attached) and CB 5 recommended approval of the liquor license (see attached February 04 resolution) based on information received and the signed affidavit; and

WHEREAS, CB 5 requested that the SLA consider the application for transfer and that the affidavit be attached and considered part of the liquor license for the premises; and

WHEREAS, At the October 10, 2006 PS/QL Meeting, it was brought to the committee’s attention that this operation was negatively impacting the neighborhood with lines on the sidewalk, noise, and the use of promoters; and

WHEREAS, Mr. Belkin admitted that he does use promoters citing, “I can’t compete unless I use promoters!” – and also that he has waiting lines on the sidewalk that impedes pedestrian traffic “because I haven’t got room inside!” and

WHEREAS, Mr. Belkin misrepresented the nature of his operation by assuring the board that promoters would not be used and by signing an affidavit that he would maintain a waiting area inside the premises; therefore be it

RESOLVED, That Community Board DOES NOT RECOMMEND renewal of the liquor license for Milbel Enterprises, Inc., d/b/a “Duvet,” located at 45 West 21st Street.

The above resolution passed with a vote of 33 in favor, 0 opposed, 2 abstentions.   

WHEREAS, Club Deep, Inc., d/b/a "Club Deep" is applying for renewal of the liquor license at the premises 16 West 22nd Street; and

WHEREAS, In June 2002, Joseph Capetola, the present owner(s) came before the Public Safety/Quality of Life Committee of Community Board Five for a liquor license for the premises; and

WHEREAS, The Public Safety/Quality of Life (PS/QL) Committee explained that this block (22nd Street, between 5th and 6th Avenues) is part of the three-block moratorium within Community Board Five and that the previous operation ("Ohm") at this address adversely affected the quality of life on 22nd Street so much so that it was declared one of the two worst clubs within the board area; and

WHEREAS, The owner assured the committee that the new management would be solicitous of our concerns and

the operation would be catering to a new "corporate" clientele

• the operation would be very different than "Ohm" and more upscale

• the operation would be less "club like" and more of a "lounge"

• there would be increased soundproofing

• there would be increased security outside the club

• the number of patrons would not exceed 550 on the first floor and 300 on the lower level

• promoters would not be used and therefore the street would not be strewn with flyers

• trash would be taken care of and the street in front of the premises would be kept clean; and

WHEREAS, The committee explained that one of the greatest concerns of the residents and the committee was the use of promoters and the committee was assured that promoters would not be used because the lease did not permit it; and

WHEREAS, In November 2004, when the liquor license was up for renewal, Community Board Five did not recommend renewal because Mr. Capetola had not lived up to his representations -- there was reported drug dealing (police reports), and violence, which involved a shooting in October of that same year, (see attached CB5 November 2004 resolution regarding complaints and violations, etc.); and

WHEREAS, At the October 10, 2006, PS/QL meeting, it was brought to our attention that this on-going "problem club" had not only continued to be problematic but had actually gotten worse – the worse nights being Saturday and Sunday, with hundreds of people hanging around the club between 3:30 and 5:30 a.m., club patrons gun motorcycles, scream, honk car horns, blast radios, throw bottles and engage in fighting; and

WHEREAS, New allegations involving activities in and around the club include drug dealing, specifically an undercover detective purchased on five separate occasions: marijuana, cocaine, and ecstasy (within the premises); and

WHEREAS, Since the Authority has initiated revocation proceedings against the premises, CB5 sent a letter to the SLA on October 6, 2005, asking that the misrepresentations of the club owner be presented as part of the on-going proceedings against Club Deep; therefore be it

RESOLVED, That Community Board Five DOES NOT RECOMMEND approval of the renewal of the liquor license for Club Deep, Inc., d/b/a "Club Deep," located at 16 West 22nd Street due to incidences of violence, drug dealing and the misrepresentation of the method of operation to the Community Board and on the SLA application for the liquor license; and be it further

RESOLVED, That Community Board Five recommends REVOCATION of the liquor license for Club Deep, Inc., d/b/a "Club Deep," located at 16 West 22nd Street under Article 8 "General Provisions" S.118 "Causes for Revocation" of the ABC Law.

Manhattan Community Board Five, representing Midtown Manhattan, would like to thank you for the opportunity to comment on two proposed Health Department initiatives. 

The first would require New York City restaurant owners to substitute trans fat oils for other healthier oils such as olive, canola, safflower or grapeseed.  While Community Board Five agrees that restaurants should limit the amount of trans fats, we are uncomfortable with mandating the removal of such trans fat oils.  Community Board Five is concerned that enforcement of the current proposal as is would be difficult and costly.  Additionally, it would be problematic for health inspectors to ensure that trans fat oils were not present in restaurant foods.

Community Board Five instead favors a campaign aimed at continued education of restaurant owners and their consumers about the dangers of trans fat oils. We recommend requiring restaurant owners to indicate the presence of trans fat oils in foods through a visible and easily recognizable symbol placed near the item on a menu.  This symbol would serve the purpose of educating consumers about the presence of trans fat oils and allow them to make an informed choice as to whether or not to consume the item.

The second proposed initiative would require restaurants that currently display the calorie contents of food and drink items to now display these calorie contents on menus and menu boards.   We are concerned that this may place an unfair burden on restaurant owners who may incur significant costs in order to upgrade menus and menu boards to provide this new mandated information.  Furthermore, we are concerned about the imposition this new initiative may place upon smaller restaurants that may have variable or changing menus items on a frequent basis.

Community Board Five prefers a pilot program that targets the larger chain restaurants such as McDonalds and Starbucks.  We believe that this pilot program should require all restaurants at a certain seating capacity, volume of service and/or with multiple locations to display calorie information on menus and menu boards.  Important information on the favorable and/or unfavorable impact of the legislation and costs should be gathered and assessed at completion.  Community Board Five does not want to burden smaller restaurants that are already seeking to educate their consumers through their voluntary provision of nutritional information with additional mandated requirements.

Manhattan Community Board Five appreciates and recognizes your commitment to the health and well-being of New Yorkers and we thank you once again for the opportunity to comment on both these important health measures.

The letter passed with a vote of 17 in favor, 16 opposed, 0 abstention.