Resolutions: November 2006

WHEREAS, In 1986, a predecessor of Bally Sports Clubs, Inc. was granted a special permit (which was subsequently amended several times) to operate a physical culture establishment in the Hotel Pennsylvania, aka Penta Hotel (401-415 Seventh Avenue), which currently extends into the adjoining Manhattan Mall (1275-1299 Broadway); and

WHEREAS, The special permit expired on January 15, 2006, and, in accordance with an application filed pursuant to Section 72-01 of the Zoning Resolution, Bally Sports Clubs, Inc. is seeking a ten-year extension; and

WHEREAS, There are no changes contemplated in the floor plan of the physical culture establishment, there are no pending violations, and there is no record of any complaints received regarding the operation of the facility; therefore be it

RESOLVED, That Community Board Five recommends approval of the request for a ten-year extension of the special permit of Bally Sports Clubs, Inc. to operate a physical culture establishment at the Hotel Pennsylvania aka Penta Hotel (401-415 Seventh Avenue), which extends into the adjoining Manhattan Mall (1275-1299 Broadway).

WHEREAS, Olympic Tower Associates is seeking a modification of the covered pedestrian space (CPS) on the ground floor of Olympic Tower, a mixed-use condominium building located at 645 Fifth Avenue between East 51st and East 52nd Streets, from the City Planning Commission (CPC); and

WHEREAS, In 1972 the CPC granted an authorization that permitted modifications of the height and setback regulations for 645 Fifth Avenue and in this authorization required a CPS, approving modification to the CPS in 1980, 1987, 2000 and 2003; and

WHEREAS, The CPS at 645 Fifth Avenue is an inviting public space that today includes a sky-lit waterfall, public seating, a café area, a retail shop featuring items of Hellenic origin or influence, and 19th century plaster casts of the Parthenon frieze sculptures, a space that has been well-maintained and has become a destination for both those interested in Hellenic culture and the general public; and

WHEREAS, The CPS included a 320 square foot area at the north end of the CPS to accommodate a newsstand but despite repeated attempts, low retail sales have meant no newsstand operator has been able to succeed with an operation in this location; and

WHEREAS, By permitting this modification the area now designated for a newsstand will be redesigned with improved lighting and be used  for displays of art and artifacts; and

WHEREAS, The Alexander S. Onassis Public Benefit Foundation (USA), a New York not-for-profit corporation wholly-owned by, and a subsidiary of, the Alexander S. Onassis Public Benefit Foundation, is a tenant in Olympic Tower leasing space for both its offices and the "Onassis Cultural Center;" and

WHEREAS, The Alexander S. Onassis Public Benefit Foundation will install and operate the displays of art and artifacts, including the installation of permanent display cases on the eastern and/or southern walls, plus movable cases in the current newsstand area; therefore be it

RESOLVED, That Community Board Five recommends approval of the application of Olympic Tower Associates for a modification to the covered pedestrian space at 645 Fifth Avenue that would permit the elimination of a newsstand and instead allow for rotating art and artifact displays.

WHEREAS, The Applicant, owns a two story vacant commercial property located at 143 West 30th Street, and has applied to the Board of Standards and Appeals ("BSA") for a variance to construct a 15-story residential building; and

WHEREAS, The BSDA requires findings for the issuance of a variance which are, in part, (a) that the site possess unique physical conditions, (b) that development of the site in conformance with the zoning will not bring a reasonable return and (c) that the variance will not alter the essential character of the neighborhood; and

WHEREAS, The site is located in an M1-6 zoning district which does not permit residential development; and

WHEREAS, The lot size of the site is 25' wide by 98' deep, which is generally considered too small a floorplate for commercial purposes, and the Applicant has tried unsuccessfully to rent the existing building for commercial use; and

WHEREAS, The Applicant has provided an Economic Analysis showing that there is no possibility of a reasonable return on the market value of the site if developed in conformance with the existing zoning (which would permit light manufacturing, commercial ort hotel uses); and

WHEREAS, The Applicant agreed to (a) provide notice in the lease or offering documents given to future residents of the building that it is located in a manufacturing zone and there may be noise at times and at ambient levels greater than that experienced in residential zones, and (b) provide bicycle racks for use by occupants of the building; and

WHEREAS, Although a map of the uses of other buildings on the block shows very few residential buildings (other than lofts which may be used for residential), there is little likelihood that conversion of this site will encourage a rezoning of the area; and

WHEREAS, Concern was expressed that the owner of the adjoining property, a two story building with about 100' street frontage would perceive this application as a precedent, but, at the suggestion of the Land Use and Zoning Committee, the Applicant spoke to that owner to propose common development in conformance with the zoning, and was told there is no immediate interest in developing that property, therefore be it

RESOLVED, that Community Board Five recommends approval of the variance permitting construction of a 15-story residential building at 143 West 30th Street.

WHEREAS, 125 5th Avenue consists of two converted dwellings, located in the middle of the block between 19th and 20th Streets, joined in 1921-23 to form the present 5-story,  45 feet wide store and office building; and

WHEREAS, The building has a brown terra-cotta Neo-Gothic façade; and

WHEREAS, Originally this façade had large single-pane, wood-framed fixed center windows; and

WHEREAS, While most of the center window panes survived, only the southern 4th story unit retains its original pivoting side windows; and

WHEREAS, In 2006 a fire badly destroyed the northern portion of 125 5th Avenue and its windows, however, the southern portion of the building and windows were not as severely impacted by the fire; and

WHEREAS, The applicant proposes to replace all the original large center single-pane wood-framed fixed windows with two aluminum-framed fixed panes equally divided by a vertical mullion as well as replace all the side wood-framed pivoting windows with aluminum tilt and turn windows; and

WHEREAS, Community Board Five believes it is possible for the applicant to replicate and/or repair the original wood-framed windows; and

WHEREAS, Community Board Five feels it is desirable to maintain original materials in historic buildings whenever possible, and particularly in windows below the 7th floor that are more visible; and

WHEREAS, Although the applicant is to be praised for replicating the burned terra cotta from the fire with new terra cotta, he was not able to show that it was unreasonable to restore the windows to their original state; therefore be it

RESOLVED, That Community Board Five recommending denial of the application for 125 Fifth Avenue to replace original wood framed windows with aluminum framed windows.

The above resolution passed with a vote of 34 in favor, 4 opposed, 1 abstention.   

WHEREAS, 1260 Broadway (AKA Hotel Martinique) located between 32nd and 33rd Streets, is an individual landmark designated in 1998, and designed by architect Henry J. Hardenberg, who designed a number of other landmarks such as the Plaza Hotel; and

WHEREAS, The French Renaissance Hotel was build in phases between 1897 and 1911 and fronts on 33rd Street, Broadway, and 32nd Street; and

WHEREAS, The operator of the hotel has changed from Holiday Inn to Radisson, and seeks to renovate the 33rd Street storefront façade; and

WHEREAS, There are outstanding violations cited by the Landmarks Preservation Commission including:

improperly replaced bulkhead (on the corner of 32nd Street and Broadway) two instances of signage that were not installed according to approved plans (both are on the Broadway facade) changing the hotel's name on two blades signs appears to void their grandfathered status (on both the Broadway and 32nd Street facades); and

WHEREAS, The applicants could not adequately explain, nor did they propose to remedy the violations; and

WHEREAS, Community Board Five requested that the applicants address said violations prior to reviewing proposed renovations on the 33rd Street façade; therefore be it

RESOLVED, That Community Board Five recommends denial of this application for façade renovations, with the understanding that the applicants will resubmit the application when they address prior violations.

The above resolution passed with a vote of 34 in favor, 4 opposed, 1 abstention.   

WHEREAS, The building located at 1 Madison Avenue, also known as the Metropolitan Life Insurance Company Building (the "building"), is a Venetian style office building designed by Pierre L. LeBrun built in l907-09 and altered in 1960-64; and

WHEREAS, In 1989 the building was designated by the New York City Landmarks Preservation Commission as an individual landmark; and

WHEREAS, The applicant, One Residential Fee, LLC, purchased the building on April 29, 2005 from Metropolitan Life Insurance Company; and

WHEREAS, The applicant has retained the architectural firm of Polshek Partnership Architects and historic preservation consultants, Higgins & Quasebarth, to convert the building into condominium apartments, which was formerly occupied by commercial tenants and is presently vacant; and

WHEREAS, The applicant proposes to make various alterations to the building, as follows:

• Convert the building's windows from one over one to single pane, the manner in which they existed at the time the building was landmarked;

• "Drop" and convert into doors, 44 windows located on the 31st floor loggia and terrace on the 35th floor of the building which will not be visible from any thoroughfare;

• Install four new mechanical louvers in various existing masonry openings, to be located in less visible areas from the street;

• Install eleven new windows on the south and east elevation on floors nine through eleven of the building, which will only be visible from Madison Avenue and 24th Street;

• Install new doors at the entrance to the building on 24th Street, the only entrance to the building, and to recess the existing revolving door five feet so that the entrance is compliant with federal law, namely the Americans with Disabilities Act and Local Law 57 of the Municipal Code of the City of New York;

• "Drop" to a door one of three windows located on the building's Madison Avenue facade (the southernmost storefront window) to accommodate a restaurant to be located there; and

WHEREAS, Community Board Five, although having concerns regarding the depth of the recess proposed to the revolving door located at the building's entrance, respects the applicants' proposed changes and believes they are consistent with the overall integrity of the building; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for 1 Madison Avenue for renovations.

WHEREAS, A special permit is being sought to modify the requirements of Zoning Resolution 74-711 to permit a transfer of approximately 17,000 sq ft of available floor area from the M1-6 zoning district to the C5-3 zoning district; modify the setback requirements; modify the requirement to provide less than the amount of pedestrian circulation space required for lots greater than 20,000 sq ft, and modify the requirement to permit the building along West 40th Street to provide less than the required minimum street wall (within 10 ft of the street line) equal to 80% of the frontage up to a height of 85 ft; and

WHEREAS, This is a project of the 40th Street Development LLC, in contract to purchase the property from HSBC  Bank, whose predecessor was the Republic National Bank; and

WHEREAS, The ornate Knox Building on 40th Street and Fifth Avenue, named after a famous hat maker, was designed by John H. Duncan in 1902 and remodeled into a bank building for the Republic National Bank by Kahn & Jacobs in l965 and in 1981 was incorporated into a new Republic National Bank on 39th Street and Fifth Avenue; and

WHEREAS, The proposed new building, the View at  Bryant Park, on the south side of 40th Street between 5th and 6th Avenues, would rise to the height of 32 stories and overlook the Public Library and Bryant Park and would be approximately 86,000 sq ft of residential condos and 100,000 sq ft of hotel space; and

WHEREAS, At this time Community Board Five is looking only at the new building's harmonious relationship to adjacent landmarks and to landmarks in the neighborhood; and

WHEREAS, It is also the Board's concern to look at the applicant's preservation, restoration and continuing maintenance plan for the Knox Building pursuant to the variances granted under Zoning Resolution 74-711; and

WHEREAS, The proposal will come back to the Board when the zoning resolutions are discussed, and the project goes before the City Planning Commission and other city agencies; and              

WHEREAS, The proposed project is surrounded by a number of individual landmarks, including the New York Public Library, Bryant Park (a scenic landmark), American Radiator Building (now the Bryant Park Hotel), Bryant Park Studios, and the Knox  Building; and

WHEREAS, The preservation, restoration and continuing maintenance plan presented by the applicant for the Knox Building includes:

• Restoration of the 40th Street and Fifth Avenue ground floor storefronts; replacement of windows resembling the original; restoration of canopy over the 5th Avenue entrance; stone repair; restoration of stone water table at the base of building; restoration of ornamental railing on 7th floor; ornamental light post replicated; original sign band replaced;

• Replacement of granite band at base; and

WHEREAS, The applicant brought to the Board an original photo of the Knox Building when it was built, as was requested; and

WHEREAS, There is no final shadow study to determine the extent of the shadow that will be cast over Bryant Park by the new building; and

WHEREAS, The preservation and restoration plan was considered adequate to the requirements of the zoning law and had an adequate program for continuing maintenance; and

WHEREAS, The new building appears "to have a minimal adverse effect on the landmark structures and will not impact negatively on neighboring and adjacent landmarks, therefore be it

RESOLVED, That Community Board Five recommends approval of the application for The View at Bryant Park located at 14-20 West 40th Street pursuant to 74-711 of the Zoning Resolution, using the Knox Hat Building known as "The Knox Building", an individual landmark.

WHEREAS, The issue of same sex marriage has new immediacy based on the New York State Court of Appeals' refusal to authorize same sex marriages on July 6, 2006 stating that the issue should be decided by the state legislature; and

WHEREAS, On October 5, 2006, Governor-elect Eliot Spitzer declared that he would push to legalize same sex marriage and "make it law in New York"; and

WHEREAS, Community Board Five has a history of supporting marriage equality for same sex couples as per resolutions passed on July 11, 2002 and March 10, 2005; and

WHEREAS, New York State Assembly Member Richard Gottfried and State Senator Tom Duane have re-introduced bills A7463 in the Assembly and S5156 State Senate respectively that in summary:

• Validates marriage between same sex parties
• Provides that a marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex
• Makes appropriate gender neutral corrections to the section of the domestic relations law granting authority to the town or city clerk to accept an application for a marriage license
• Makes gender neutral corrections throughout the domestic relations law;

WHEREAS, These bills have been Co-Sponsored by Assembly Member Jonathan Bing, Assembly Member Deborah J. Glick and State Senator Krueger, as well as Multi-Sponsored by Assembly Member Linda Rosenthal, all of whom represent Community Board Five; therefore be it

RESOLVED, That Community Board Five very strongly urges the New York State Assembly, State Senate and Governor-elect to move forward with the passage of this same sex marriage legislation.

WHEREAS, The applicant proposes to build a temporary art installation as part of a class taught by the renowned artist Krzysztof Wodiczko, and display the art in Union Square Park for an event occurring on Saturday, November 18, 2006 and Sunday, November 19, 2006, between the hours of 11:00 AM and 8:00 PM; and

WHEREAS, The event set-up will begin at 9:00 AM each morning, and the event clean-up will be completed by 9:00 PM each night; and

WHEREAS, The exhibit for this event will be a booth approximately 4’ x 4’ x 8’, with mirrored acrylic surfaces, so as to become camouflaged with the surroundings, in which nobody outside can see the person occupying the booth but the person who occupies the booth is able to see outside; and

WHEREAS, The exhibit will include an audio loop which will play interviews of the homeless, street performers and random people using Union Square Park; and

WHEREAS, Food, merchandise and tickets will not be sold, and items such as pamphlets, hand bills or advertising materials will not be distributed; and

WHEREAS, There will be no amplified sound at this event; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to build this temporary art installation.

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

WHEREAS, Community Board Five is concerned with the extensive commercial activity which takes place in our parks in the district; and

WHEREAS, Community Board Five has unique issues regarding the commercial use of Parks in the district, including, but not limited to, concern with licensing agreement entered into with the city by private groups supporting the Parks, concern with concessions doing business in the park, concerns with communication between Community Board Five, Parks Department and other groups who sponsor commercial activities in the park; and

WHEREAS, Community Board Six has passed a resolution expressing concern over the commercial use of parks in the city and lack of review associated with the use of parks (attached) ; and

WHEREAS, Over 100 concerned citizens, elected officials and stakeholders concerned with commercial use of our parks have indicated support for the Community Board Six resolution and statement of principal (attached); therefore be it

RESOLVED, That Community Board Five express support for the Statement of Principals and resolution passed by Community Board 6 entitled "City Wide Coalition Principles on Parks Department Procedures." (Attached to this resolution and incorporated); and be it further

RESOLVED, That Community Board Five sponsor and seek out the support of other concerned stakeholders a "Parks Forum" in the first quarter of 2007 which will address the long term issues associated with the use of the parks in our district.

WHEREAS, Target has proposed a holiday art exhibit in the north end of Union Square Park from December 4-26, 2006; and

WHEREAS, Target has launched a Tord Boontje campaign and Target has asked Boontje to create this holiday art exhibit; and

WHEREAS, Torde Boontje is a Dutch designer whose designs and products receive acclaim from around the world; and

WHEREAS, Target will be making a contribution of $75,000 to the NYC Parks Department to display this holiday art exhibit; and

WHEREAS, Target has been a strong corporate supporter of New York City parks through a variety of efforts; therefore be it

RESOLVED, That Community Board Five recommends approval of the Target sponsored holiday art exhibit known as "Tord in the Park" subject to the following:

1. Special attention must be paid to safety issues regarding the holiday art exhibit by City Parks Officials.
2. Assurances that advertising signage will be kept to a minimum.
3. City Parks Officials will use "best efforts" that more than $15,000 of the $75,000 will be allocated to supporting Union Square Park and further on the allocation issue, the allocation should be clearly identifiable through economic benefit to Union Square Park.

WHEREAS, The Department of Transportation is planning to make permanent pedestrian safety improvements to 7th Avenue between 31st and 34th Streets; and

WHEREAS, The improvements include creating neck downs (also called curb extensions) in the following locations:

• the northwest, northeast and southeast corners of 34th Street and 7th Avenue

• the northeast and southeast corners of 33rd Street and 7th Avenue

• the northeast and southeast corners of 32nd Street and 7th Avenue

• the northeast, northwest and southeast corners of 31st Street and 7th Avenue; and

WHEREAS, The improvements also include:

• expanding the curb line on the east side of 7th Avenue between 31st and 32nd Streets by 10 feet

• expanding the curb line on the west side of 7th Avenue in front of Pennsylvania Station, between 31st and 33rd Streets by 6 feet

• expanding the curb line between 33rd and 34th Streets by 2 feet; and

WHEREAS, The Department of Transportation has conducted several traffic studies of the area to determine that the changes will not adversely affect current bus or taxi flow or stops; and

WHEREAS, These changes will enlarge the curbs and sidewalks for pedestrians, creating a safer travel environment; and

WHEREAS, Community Board Five request that no vendors be allowed to sell on the sidewalk; and

WHEREAS, The Department of Transportation has agreed to explore the possibility of adding a neck down on the southwest corner of 34th Street and 7th Avenue; therefore be it

WHEREAS, Community Board Five continues to be concerned about the proliferation of street vendors 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, Hotel 57, located at 130 East 57 Street, is an establishment of 130 rooms and has requested a Hotel Loading Zone in front of its establishment and meets the Department of Transportation rules permitting Hotel Loading Zones for any hotel with more than a hundred rooms; and

WHEREAS, The current rules prohibit parking between 6 am and 10 am and 3 pm and 7 pm so that the curb lane can serve as a bus lane; and

WHEREAS, At all other times the area in front of Hotel 57 serves as a taxi stand; and

WHEREAS, Community Board Five supports leaving the parking restrictions for the bus lane during morning and evening rush hours; and

WHEREAS, Hotel 57 has agreed in writing to help police the loading zone to ensure that taxis, black cars, limousines and other vehicles stand in this area only for expeditious loading and unloading; therefore be it

RESOLVED, That Community Board Five supports the installation of a hotel loading zone in front of Hotel 57 in non-rush hours.

The above resolution passed with a vote of 36 in favor, 0 opposed, 1 abstention.