Resolutions: November 2005

WHEREAS, 54th Street Limited Partners, L.P. d/b/a BICE Ristorante has filed an application for an unenclosed sidewalk café for 10 tables and 30 seats at 7 East 54th Street; and

WHEREAS, The Board has concerns that the size of the café will impede the flow of pedestrians; and

WHEREAS, The applicant has agreed to amend the application to address the Board’s concerns regarding the above condition; and

WHEREAS, The amended application (see attached plan and agreement) is for 8 tables and 20 seats; and

WHEREAS, The applicant will submit revised plans reflecting said revisions to the Department of Consumer Affairs; therefore be it

RESOLVED, That Community Board Five recommends approval of the amended application by 54th Street Limited Partners, L.P. d/b/a BICE Ristorante, for an unenclosed sidewalk café at 7 East 54th Street  for 8 tables and 20 seats only.

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention.

WHEREAS, An application was made by Big Tree Spa., for a special permit for a physical culture/health establishment at 410 Eighth Avenue; and

WHEREAS, This establishment would occupy 1,996 square feet on the second floor mezzanine with a total of 13 rooms and will only employ licensed massage therapists, cosmologists; and

WHEREAS, Community Board Five is aware that this location was previously used illegally as a physical culture establishment; and

WHEREAS, The applicant has agreed to a two year trial period, and will come back before Community Board Five when this period is up; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application for a physical culture/health establishment at 410 Eighth Avenue for a term of two years only.

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

WHEREAS, a request was made by Regione Campania Ltd., to rename East 54th Street, between 5th and Madison Avenues “REGIONE CAMPANIA 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, Community Board Five does not feel that such a relationship exists in this case; and

WHEREAS, Community Board Five is also concerned with the impact of additional street blades on the city landscape;

WHEREAS, The applicants were invited to, but did not attend the Consents & Variances Committee Meeting to present their proposals for review and, therefore, the committee was unable to determine the answer to a number of questions; therefore be it

RESOLVED, That Community Board Five does not support the request for street renaming of East 54th Street, between Fifth and Madison Avenues “REGIONE CAMPANIA WAY”.

The above resolution passed with a vote of 28 in favor, 0 opposed, 1 abstention.

WHEREAS, “ARK Bryant Park Corp,” located at Bryant Park, 42nd Street between 5th and 6th Avenues, and presently operating the “Bryant Park Grill” intends to file an application for a Seasonal Winter Liquor License for “The Ice Café,” located in a new tent at the east end of Bryant Park; and

WHEREAS, The applicant, currently operating under a temporary wine and beer license, has now applied for an on-premises liquor license to use until January 15th in “The Ice Café,” that overlooks the newly erected ice skating rink that covers the park’s lawn; 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

WHEREAS, It is mandated and Community Board Five has insisted since the inception of Bryant Park Restoration Corporation (BPRC), that proposed activities for Bryant Park, including commercial activities, come before the board as part of the public review process; and

WHEREAS, BPRC representatives attended Parks Committee meetings regarding this installation and each time agreed to return to the committee regarding specific questions and concerns, e.g., sponsorship, size, cost, timeframe, safety, revenue, liquor license; and

WHEREAS, BPRC proceeded with installing the facility without the board’s knowledge and more importantly, the appropriate public input, announcing at a press conference the “opening” of the rink and holiday shops around the perimeter; and

WHEREAS, Community Board Five has also learned that the facilities will be rented out for private events; and

WHEREAS, There would be no need for a Seasonal Liquor License without the rink and holiday shops, which the board was not able to obtain specifics and opine on; and

WHEREAS, Community Board Five believes that a liquor license for a bar specifically related to the ice rink is not in the public interest because it:

WHEREAS, The Central Park ice rink and the Rockefeller Center ice rink have no liquor license directly attached to the operators of these rinks and are successful operations; therefore be it

RESOLVED, That Community Board Five does not recommend the Seasonal Winter Liquor License for “ARK Bryant Park Corporation” because it is not in the public interest as it contributes to further overuse, over commercialization and encroachment of public space in Bryant Park.

The above resolution passed with a vote of 25 in favor, 1 opposed, 2 abstention.

WHEREAS, New York City should have the power, through its duly elected Mayor and duly elected City Council, to determine the shape and scope of its rent and eviction regulation laws; and

WHEREAS, New York City had such home rule power prior to 1971, and using that power enacted both the City Rent and Rehabilitation Law (city rent control) of 1962 and the Rent Stabilization Law of 1969; and

WHEREAS, The New York State Legislature and Governor Nelson A. Rockefeller enacted legislation in 1971 – known as the Urstadt Law, named for Rockefeller’s Housing

Commissioner Charles J. Urstadt – that severely curtailed the City’s home rule powers by prohibiting enactment of laws or regulations to strengthen the city rent laws but allowing enactment of laws or regulations to weaken the city rent laws; and

WHEREAS, The New York State Legislature and Governor George E. Pataki tightened the Urstadt Law in 2003 by prohibiting the City Council and Mayor from enacting any law or regulation affecting rents and evictions, except for periodic renewal of the city rent laws and decontrol of classes of housing; and

WHEREAS, For 34 years the City of New York and its residents have bargained with upstate legislators whose districts do not include a single rent-regulated apartment over matters that should properly be determined by duly elected New York City officials; and

WHEREAS, The New York City Council passed a resolution in 2003, and a home rule message in 2005, calling on the State Legislature and Governor to repeal the Urstadt Law and restore home rule powers over rents and evictions to the duly elected New York City officials; and

WHEREAS, The New York State Assembly has, for the past 12 years, passed a bill to repeal the Urstadt Law and restore home rule powers over its rent laws to the City of New York; and

WHEREAS, The leadership of the New York State Senate has refused to allow bills to repeal the Urstadt Law to be released from committee and thus allow such bills to be debated by the members of the Senate; and

WHEREAS, The stock of rent-controlled and rent-stabilized housing constitutes the largest and most important stock of affordable rental housing in New York City, with one of every three city residents living in these apartments; and

WHEREAS, This stock of affordable housing is being constantly reduced by various decontrol amendments enacted by the New York State Legislature and the New York City Council over the past twelve years, the most harmful of which has been high rent vacancy decontrol, allowing the permanent deregulation of vacant rent-regulated units when the legal rent reaches $2,000 per month; and

WHEREAS, Credible analyses of the impact of these decontrol mechanisms have shown that at a minimum the City of New York has lost 200,000 affordable apartments over the past decade, as rent-regulated apartments are converted on vacancy to deregulated, free market units; and

WHEREAS, Credible analyses of the impact of these decontrol mechanisms have shown that the pace of vacancy decontrol has accelerated; and

WHEREAS, There is an urgent need for local government to review and evaluate the shape and scope of rent and eviction regulation laws in New York City; and

WHEREAS, This process of review and evaluation is a proper concern for the duly elected officials of New York City; therefore be it

RESOLVED, Community Board Five calls on the New York State Legislature and Governor to enact legislation to repeal the Urstadt Law, and restore home rule powers to the Mayor and New York City Council; therefore be it further

RESOLVED, Community Board Five calls on the Mayor of New York City to review the shape and scope of rent and eviction laws in New York City and to make enactment of this legislation a top priority for the City of New York.

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

WHEREAS, The City Council passed legislation in 2003 shifting liability for personal or property injury for broken sidewalks in front of building with four or more units from the City of New York to the building owners; and

WHEREAS, It is the responsibility of the following building owners to maintain the sidewalks in front of their properties:

WHEREAS, Despite the change in the liability law it is still a violation of city law to have a broken sidewalk and not fix it; and

WHEREAS, Many people are not aware of the building owners and want the ability to call a central place to report sidewalk issues; and

WHEREAS, The 311 system was setup to handle these types of complaints from city residents; and

WHEREAS, 311 is refusing to take these calls and is referring people to the Department of Finance to find building owners in order to get sidewalk issues addressed; therefore be it

RESOLVED, That Community Board Five believes it is the responsibility of the City to take complaints on and enforce sidewalk safety for its residents by expeditiously enforcing all existing laws regarding the safe physical conditions of all sidewalks; and be it further

RESOLVED, That city residents should be able to lodge these complaints through the 311 system.

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

WHEREAS, On February 10, 2005, Manhattan Community Board Five approved an application for a special permit pursuant to Section 74-711 of the NYC Zoning Resolution to construct a new 15-story building on a parking lot recently rezoned from M-6 to C6-4A, and modification of bulk regulations for the proposed new residential building to be located at 27 West 19th Street; and 

WHEREAS, The February 10, 2005 resolution stated:  "The project is massed in a fashion (tall building next to short building next to tall building ) frequently found throughout the Ladies' Mile Historic District...compatible with the Historic District….thoughtfully integrated into its neighborhood;" and

WHEREAS, The 74-712 special permit requests three modifications to the NYC Zoning Resolution; and

WHEREAS, The proposed building will be 25 feet high, 150 feet wide and 62 feet deep, and the height, bulk and density is contextually compatible with the character of the district and the neighborhood; and

WHEREAS, The first requested modification reduces the required 30 foot backyard by 3 feet, 8 inches to 26 feet, 4 inches, to compensate for the alignment of the façade of the new building to the adjacent buildings which are setback on each side by 3 feet, 8 inches from the required street-front property line; and

WHEREAS, The second requested modification permits infill at the back of the building for the top 2.5 floors, adding an additional 10 feet on each of these floors to create a continuous plane, instead of the required setback for buildings more than 125 feet high; and

WHEREAS, The third requested modification permits the 60- foot height limit set by the Sliver Law to be increased to a proposed height of 150 feet and is contextually consistent with the existing bulk, height and density of West 19th Street between 5th and 6th Avenues; therefore be it

RESOLVED, That Manhattan Community Board Five recommends approval of the application for a 74-712 special permit (New Buildings in a Historic District), for a proposed new residential building located on a parking lot zoned C6-4A at 27 West 19th Street and should be compatible with the buildings surrounding it.

The above resolution passed with a vote of 31 in favor, 1 opposed, 1 abstention.

WHEREAS, 2 Park Avenue, located between 32nd and 33rd Streets was designed by the distinguished and noted architect Ely Jacques Kahn of Buchman and Kahn, and is considered one of his masterpieces as well as one of the earliest and most important Art Deco buildings in New York City, and was constructed between 1926-28; and

WHEREAS, Kahn developed a personal style of ornamentation, consisting of interweaving forms and large geometric masses which appear in the building in the colored terra-cotta decoration that accents the window spandrels and set backs, and was intended to reproduce the colors of ancient Greek buildings; and

WHEREAS, Kahn believed that strong color would replace sculptural decoration, and 2 Park Avenue is one of the early and significant examples of an Art Deco style polychrome building which, in part due to Kahn’s skillful use of it in this building, became a major theme of 1920’s and 30’s American architecture;  therefore be it

RESOLVED, That Community Board Five recommends that 2 Park Avenue be designated a New York City landmark because of its significance in the history and development of American architecture.

The above resolution passed with a vote of 32 in favor, 0 opposed, 1 abstention.

WHEREAS, 404 Fifth Avenue located between 36th and 37th Streets on the west side of Fifth Avenue, was constructed in 1914 by the famous architectural firm of Warren & Wetmore for real estate mogul Robert W.  Goelet and is notable for its highly unusual blue and white terra cotta exterior; and

WHEREAS, The Goelets, who were major New York City property owners second only to the Astor’s, developed the property as a women’s clothing store, Stewart & Company; and

WHEREAS, During this period the area between 34th and 42nd Streets was the most fashionable shopping district in the city – with Stewart & Company joining B. Altman, Tiffany, and Lord & Taylor and  staying until 1928, when it moved uptown to another Warren & Wetmore designed building; and

WHEREAS, Warren & Wetmore’s design combined the openness and modernity of Chicago lofts, with a highly unusual color scheme and decorative vocabulary, with large portions devoted to glazing and the highly unusual blue and white terra cotta, created by the New York Architectural Terra Cotta Company, uses forms that evoke the designs of 18th Century British architects Robert and James Adam and ceramicist Josiah Wedgewood; and

WHEREAS, Adam’s designs had previously been the inspiration for Warren & Wetmore’s Ritz-Carlton hotel; and

WHEREAS, Warren & Wetmore, established in 1898, was a highly successful and prolific firm, best known for its hotels and buildings commissioned by railroad companies, among them the Vanderbilt Hotel with its beautiful Della Robbia Bar using colorful glazed tiles and terra cotta; therefore be it

RESOLVED, That Community Board Five recommends that 404 Fifth Avenue, the Stewart & Company Building, be designated a New York City landmark because of its extraordinary and historic architecture and design, and its renowned place in the history of New York City’s architecture.

The above resolution passed with a vote of 32 in favor, 0 opposed, 1 abstention.

WHEREAS, The building, designed by Hugh Hardy is an as-of-right residential development following the rezoning of 17th Street through 22nd Street between 5th and 6th Avenues; and

WHEREAS, It has been established in the rezoning documents that new buildings must have a maximum front wall height of 150 feet and a maximum total height of 185 feet, the top portion (35 feet) being recessed as to be invisible from the thoroughfares; and

WHEREAS, A Certificate of Appropriateness was issued on November 9, 2004, for the construction of an 185 foot building, with a front wall of 150 feet, and an additional 4 penthouse floors to be recessed 15 feet at the front in order to make them invisible from the thoroughfares; and

WHEREAS, At the time this application was reviewed by the Landmarks Preservation Commission (LPC) in 2004, some concern was expressed by Commissioner Olcott as far as the height and visibility of the top floors, and the applicant was asked to reassure the commission that the top floor would not be visible; and

WHEREAS, In September 2005, as the building was being erected and had reached the 8th floor, some concern was raised by residents of the neighborhood, both with LPC and Community Board Five, regarding the height and visibility of the top part of the building; and

WHEREAS, At that time, the applicant, The Brodsky Organization, assured both parties that their building was in conformity with their original plan, and the top floors would not be visible from the streets; and

WHEREAS, Now the applicant has acknowledged that there was an error with the rendering of the façade and assessment of the visibility; and

WHEREAS, The applicant has agreed to LPC that no further construction would be made on the contested floors until an agreement is reached; and

WHEREAS, Community Board Five feels the applicant had ample time, since September 2005, to redo their measurements/renderings and refine their findings in order to avoid the present situation; and

WHEREAS, Being the first vacant lot to be developed in the recently rezoned portion of the Ladies’ Mile Historic District, Community Board Five feels that if an amendment is granted, it would set an unfortunate and potentially dangerous precedent, because it could jeopardize the front wall harmony of this neighborhood; and

WHEREAS, Community Board Five feels that the mistake made by the applicant should be corrected, so that the finished building is as per the documents filed with LPC; therefore be it

RESOLVED, That Community Board Five recommends denial of the application which would allow the existing condition to remain and we recommended that the developer work with the Landmark Preservation Commission and Community Board Five to achieve a satisfactory resolution of the illegal height.

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention.

WHEREAS, 11 West 20th Street, located in the Ladies’ Mile Historic District, is an historic store and loft building, in the Neo-Renaissance style, built in 1901 by architect George W. Spitzer and was part of the later development of Ladies’ Mile; and

WHEREAS, The application is for a Certificate of Appropriateness to replace four wood single double hung windows (black finish), with four aluminum single double hung windows (black finish); and

WHEREAS, It is nine stories tall and 36 feet wide with a stone façade, and with four arched wood windows at the top which the applicants proposes to change to aluminum;  therefore be it

RESOLVED, Community Board Five recommends approval of this application for a Certificate of Appropriateness.

The above resolution passed with a vote of 23 in favor, 9 opposed, 1 abstention.

WHEREAS, The Barn, constructed in the early part of the 20th century, is composed primarily of brick with a slate roof, and is used to store equipment for “SummerStage” entertainment held in the park during the summer and off season; and

WHEREAS, Not only is The Barn not large enough for personnel and to store equipment, but during the winter of 1997, a fire damaged the structure significantly, which is now in great need of repair; and

WHEREAS, The proposed renovation would visually restore the structure and also reconfigure the facility including the following:

WHEREAS, There was some concern that the new height of the roof might be visible throughout the park; therefore be it

RESOLVED, That Community Board Five recommends approval of the proposal for the renovation of The Barn providing the roof is not too conspicuous.

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention.

WHEREAS, The Kensington Building located at 73 Fifth Avenue on the north east corner of 15th Street and Fifth Avenue, is a store and loft building, built in Beaux-Arts style by architect Samuel Sass in 1906-07; and

WHEREAS, The application is for a Certificate of Appropriateness for the installation of a new storefront on the 15th Street side of the building; and

WHEREAS, The applicant wants to replace a corrugated service door to match the existing historic door to its right, with a new door, piers and transoms, and matching moldings, mimicking cast iron with a painted and carved wood frame; and

WHEREAS, The right door is a double door and the left one is a single door, but both door frames have the same dimension and architectural treatment; and

WHEREAS, Two dark-brown, fabric, retractable awnings with beige lettering will be installed above the doors; and

WHEREAS, Two stainless steel plaques with black embossed lettering flanking the left door will be installed on the walls; and

WHEREAS, These changes are in keeping with the architectural style of the building and the neighborhood; therefore be it

RESOLVED, That Community Board Five recommends approval of the Certificate of Appropriateness for the installation of a new storefront at 1-3 East 15th Street side of 73 Fifth Avenue.

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention.

WHEREAS, The building located at 375 Park Avenue between East 52nd and East 53rd Streets, known as the Seagram Building, is a renowned Bauhaus-International style building by the design architects Ludwig Mies van der Rohe with Philip Johnson and the associate architects Kahn & Jacobs constructed in 1958; and

WHEREAS, The Seagram Building is constructed of a bronze and glass tower situated on a granite base and plaza; and

WHEREAS, The building has been designated by the New York City Landmarks Preservation Commission as an individual landmark, and it has also been designated as a National Historic Landmark; and

WHEREAS, The building’s current owner RFR Realty LLC has applied for a Certificate of Appropriateness for the relocation of an alley door on the landmark site and for the construction of a screen above this door to shield mechanical equipment; and

WHEREAS, The alley door is located at the far east end of the East 53rd Street side of the building, and the applicant intends to relocate this further away from the sidewalk; and

WHEREAS, Materials to be used for the manufacture of the new door and screen are similar to the existing bronze material, and would be historically important and sympathetic to the original design; therefore be it

RESOLVED, That Manhattan Community Board Five recommends approval of the application for a Certificate of Appropriateness for the relocation of an alley door on the landmark site and for the construction of a screen above this door to shield mechanical equipment.

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention.

WHEREAS, The building located at 881 Seventh Avenue between West 56th and West 57th Streets, known as Carnegie Hall, is a renowned Renaissance Revival concert and studio space, designed by the architect William B. Tuthill with consultation of Henry J. Hardenbergh, Richard Morris Hunt and Dankmar Adler, constructed in three phases between 1889 and 1897; and

WHEREAS, Carnegie Hall has been designated by the New York City Landmarks Preservation Commission as an individual landmark, and has also been designated as a National Historic Landmark; and

WHEREAS, The application is for the manufacture and installation of two new poster boxes on the West 56th Street façade; and

WHEREAS, For the design of the two new poster boxes the applicant has retained Polshek and Partners, whom were the architects for the building’s reconfigurations and restorations performed in 1986 and through the 1990’s; and

WHEREAS, The design of the two new poster boxes are intended as replications of the four existing poster boxes, and are of the same metal and glass materials used in the manufacture of the original boxes currently installed at the rear side of the façade adjacent to the corner of West 56th Street, and the seven existing poster boxes that are installed on the Seventh Avenue side of the façade are deemed historically important and sympathetic to the original design; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for the manufacture and installation of two new poster boxes on the West 56th Street façade.

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention.

WHEREAS, 390 Fifth Avenue, known as the Gorham Building, is a magnificent Renaissance Revival style palazzo, designed by the noted architect Stanford White and constructed in 1904-05; and

WHEREAS, The marble arcade at the base on both the Fifth Avenue façade and eastern most portion of West 36th Street were removed prior to designation, and the metal, stucco and glass storefront infill and louvers are located throughout the building’s base; and

WHEREAS, The applicant, City Sports, wants to remove the existing storefront on the left side of the building’s commercial ground floor space and replace it with an enlarged storefront that matches the right side of the commercial ground floor space; and

WHEREAS, Since the applicant’s first proposal was denied by the Landmarks Committee of Community Board Five, the applicant changed the proposal so that it is now  harmonious to and matches the right storefront and is more pleasing than the first proposal; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for 390 Fifth Avenue for the removal and replacement of a new storefront.

The above resolution passed with a vote of  31 in favor, 0 opposed, 1 abstention.