WHEREAS, Earth Day New Yo rk has applied for a permit to hold an Earth Day Expo on Vanderbilt Avenue, between 42nd and 45th Streets on Friday, April 21st and Saturday, April 22nd; and

WHEREAS, The applicant has agreed to abide by the Community Board Five guidelines; and

WHEREAS, Community Board Five requests that the sponsor limit the number of food and beverage vendors; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Earth Day New York to hold an Earth Day Expo.

The above resolution passed with a vote of 28 in favor, 0 opposed, 2 abstentions..

WHEREAS, "Wichcraft Operating, LLC," has applied for beer and wine licenses for two kiosk locations in Bryant Park, 42nd Street, between 5th & 6th Avenues; and

WHEREAS, The applicant proposes to cordon off an area for beer and wine consumption that limits and provides less space for public use; and

WHEREAS, Community Board Five has many questions regarding this application, i.e., size, tables, seating, hours of operation, etc.; and

WHEREAS, "Wichcraft Operating, LLC" did not provide plans as requested, or send a representative to the Public Safety/Quality of Life committee meeting on Monday, December 5, 2005 who could answer such questions; and

WHEREAS, Community Board Five, along with other agencies, organizations and residents, is on record and has expressed concern that Bryant Park has become largely a venue for commercial and private events, thereby ultimately failing to restore to the public its only parkland oasis away from the busy midtown area; and

RESOLVED, Community Board Five opposes granting beer and wine licenses for two kiosk locations in Bryant Park as requested by "Wichcraft Operating, LLC," since we do not have answers to questions and concerns that we have including private/public use of Bryant Park and the cordoned off areas that limit space/access to the public.

The above resolution passed with a vote of 21 in favor, 6 opposed, 2 abstentions.

WHEREAS, "The Scotch Malt Whiskey Society," at 9-15 East 27th Street, is applying for an on-premises liquor license; and

WHEREAS, Whereas, Community Board Five has many questions regarding this application, i.e., plans, square footage, tables, seating, food, hours of operation, etc.; and

WHEREARS, "The Scotch Malt Whiskey Society," did not send a representative to the Public Safety/Quality of Life committee meeting on Monday, December 5, 2005 to answer such questions; therefore be it

RESOLVED, Due to nonappearance/noncompliance by the applicant, Community Board Five does not have answers to questions and concerns that we have regarding this operation and therefore opposes the on-premises liquor license for "The Scotch Malt Whiskey Society," at 9-15 East 27th Street.

The above resolution passed with a vote of 27 in favor, 0 opposed, 1 abstention.

WHEREAS, 47 McPub, Inc., d/b/a/ "The Bay Club" is applying for an alteration application for additional space and rooftop dining for the premises at 47 East 29th Street; and

WHEREAS, On October 10, 2003, the applicants came before the Public Safety/Quality of Life Committee of Community Board Five requesting approval of an on-premises liquor license; and

WHEREAS, Community Board Five recommended approval of the liquor license due to assurances by the applicant that the stipulations in the attached affidavit would be carried out and adhered to; and

WHEREAS, One stipulation that "There will be no outside caf�, no open windows, no cabaret" was requested due to complaints from neighbors regarding noise emanating from "outside" the establishment; and

WHEREAS, In June 2004, Community Board Five received complaints that the applicants were operating an illegal wooden rooftop and the Department of Buildings issued violations for the rooftop and for occupation without a Certificate of Occupancy; and

WHEREAS, Community Board Five has learned that there will be a residential building built in the recently demolished building in the adjacent lot; therefore be it

RESOLVED, That Community Board Five is opposed to the alteration application for 47 McPub Inc. d/b/a "The Bay Club," because it creates a noise problem for residents already living in the surrounding buildings as well as for the residents who will be living in the building adjacent to the premises; and be it further

RESOLVED, That Community Board Five is opposed to the alteration application for 47 McPub Inc. d/b/a "The Bay Club," located at 47 East 29th Street, because it is already illegally constructed and in operation.

The above resolution passed with a vote of 27 in favor, 0 opposed, 1 abstention.

WHEREAS, Flat Iron Entertainment, LLC d/b/a "Avalon" (formerly "The Limelight") is applying for renewal of their on-premises liquor license at 47-49 West 20th Street a/k/a 656 6th Avenue; and

WHEREAS, For the past two decades, residents, property owners and businesses have suffered from the extreme noise, vehicular congestion, belligerent crowds, litter, traffic problems, pedestrian concentration, as well as vandalism, incidents of violence and general disorder that accompany this high density of liquor licensed establishments; and

WHEREAS, The Public Safety and Quality of Life Committee heard complaints of noise, unruly and violent crowds, daily garbage and litter left on the street, daily stench on the street due to constant urination and vomiting, and also numerous complaints from residents regarding the current operation of the Avalon; and

WHEREAS, Community Board Five recognized the hardship the residents endured for the last two decades as this neighborhood evolved from a light-manufacturing district with a special permit for residential use into a predominantly residential neighborhood and opposed the granting of a new on-premises liquor license in 2001 for Flatiron Entertainment due to the size of the premises and the impact the high volume of vehicles and the number of patrons would have on the neighborhood; and

WHEREAS, This past year, this area has been rezoned as "as-of-right residential" resulting in at least a tripling of residential dwellings; and

WHEREAS, Despite the Community Board's objection, a liquor license was issued in 2001 as a result of a 500' Hearing, according to the SLA, "specifically because of the reputation of one of the principals, John Blair," who, among other reasons, had ties to the community and claimed the need to serve a "diverse" community; and

WHEREAS, Section 111 of the ABC Law reads: "A license issued to any person, pursuant to chapter one hundred eighty of the laws of nineteen hundred thirty-three or this chapter, for any licensed premises shall not be transferable to any other person or to any other premises or to any other part of the building containing the licensed premises except in the discretion of the authority. It shall be available only to the person therein specified, and only for the premises licensed and no other except if authorized by the authority;" and

WHEREAS, Community Board Five has recently learned, that not only is John Blair no longer a principal and has no ties at all to Flat Iron Entertainment, LLC, but that the original principals listed in 2001 have since changed 100% - a change that was accepted by the State Liquor Authority "in the discretion of the authority" without notification to the Community Board or a 500 Foot Hearing; and

WHEREAS, Community Board Five believes this "change of ownership" goes against the spirit and/or intent of the law and is really a "transfer in disguise" that prevented the Community Board from having any input or information regarding the new owners and more importantly circumvented the "500 Foot Hearing" that would have afforded the Board and the community the opportunity to opine if treated as a transfer; therefore be it

RESOLVED, That since the original 2001 license was issued because of commitments made by one principal, John Blair, Community Board Five opposes the renewal of the on-premises liquor license for 47 West 20th Street a/k/a 656 Sixth Avenue, Flat Iron Entertainment LLC d/b/a "Avalon," on the grounds that when principals of the corporate ownership was completely changed (specifically the departure of John Blair), the application should have been considered a transfer, prompting a 500 Foot Hearing; and be it further

RESOLVED, That Community Board Five opposes the renewal also due to the size of these premises, the number of patrons and the high volume of vehicles that are negatively impacting this neighborhood.

The above resolution passed with a vote of 28 in favor, 0 opposed, 2 abstentions, 1 present not entitled to vote.

WHEREAS, This application is for a Certificate of Appropriateness for the restoration and the renovation of the Central Park Precinct, a two story building built in 1871 as a horse stable, converted in 1915 as a parking garage, and in 1936 as a police precinct, located at 86th Street and Transverse Road; and

WHEREAS, The applicant, the New York Police Department, is currently not using the building because it is in poor condition, using instead a temporary building to be demolished after completion of the renovation and restoration of the original building; and

WHEREAS, The building will be restored to its pre-1930 condition; and

WHEREAS, The skylights (not original) will be removed and the original entrance to the stable will be reopened, and an opening on Transverse road will be gated, and the traffic signal will be moved to the west, away from the new gate, and bollards of a design recommended by the Central Park Conservancy will be installed along the open parking lot; and

WHEREAS, The exterior walls and roof will be restored with materials identical to or closely matching those used when originally built; the slate roof will be repaired and restored; doors, dormers and windows will be repaired or replaced; and original cast columns will be kept; and

WHEREAS, The main stairway to the Great Lawn will be recreated and the asphalt of the courtyard will be replaced with granite pavers; and

WHEREAS, A canopy will be installed over the courtyard to allow for the installation of a main desk, to conform with NYPD procedure and requirements for management of the space; and

WHEREAS, The lightweight canopy made of glass on the side and copper on the top, attached to the roof of the main building by columns in a minimally intrusive way, and separated from the structures on each side by a clerestory; and

WHEREAS, The canopy will be partially visible from the Transverse road and visible from the Reservoir and the Great Lawn, but concealed to some extent by the trees and vegetation; and despite the concern raised by the some members of Landmarks committee, for the visibility of the canopy therefore be it;

RESOLVED, That Manhattan Community Board Five recommends approval of the Certificate of Appropriateness for the restoration and renovation of the Central Park Precinct.

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

WHEREAS, The building at 1107 Broadway is the northern parcel of a development site that includes the southern "Toy Building"; and

WHEREAS, The applicant, 200 Fifth LLC, seeks to install a 54-space public parking lot in the cellar level, with the entrance at 7 West 24th Street, and including a two-way ramp for egress and exit, and providing the required 10 reservoir spaces; and

WHEREAS, This will be an attended garage; and

WHEREAS, The inhabitants of the apartment building will have preference for parking, any unused space will be available for public parking; and

WHEREAS, This building will be developed as-of-right as part of the proposed condominium and will have minimal impact on the traffic on 24th Street; therefore�be it

RESOLVED, Manhattan Community Board Five recommends approval of the application by 200 Fifth LLC for a special permit for a public parking garage at 1107 Broadway.

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

WHEREAS, The applicant, Continental Residential Holdings, LLC, has provided findings that demonstrate satisfaction of the relevant portions of Article 1, Chapter 3, Sections 13-562, and Section 74-52 of the Zoning Regulations; and

WHEREAS, the following findings support the application for a special permit under Section 74-52 and 13-561:

(a.) The proposed use is compatible with existing land�uses in the immediate neighborhood and the site, i.e., it replaces an existing 20 space parking lot on the site.

(b.) The proposed use will not create or contribute to�serious traffic congestion or inhibit�pedestrian flow.

(c.) The proposed use is to be located so as to draw a vehicular traffic into and through an already commercially developed area with few residential uses.

(d.) The proposal provides for 10 reservoir space at the vehicular entrance.

(e.) The streets providing access to the proposed�project will require only minimal adjustments in traffic light timing and cause only minimal delays in traffic flow based on the EAS and Traffic LOS for the six surrounding intersections.

(f.) The proposed use requires no roof parking.

(g.) The proposed use requires no request for the exemption of floor space from the definition of floor area; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a special parking permit for an attended parking garage with a maximum capacity of 174 spaces on a portion of the first floor, cellar, and sub-cellar, of a proposed 41-story, mixed-use building located at 325 Fifth Avenue.

The above resolution passed with a vote of 24 in favor, 3 opposed, 1 abstention.