WHEREAS, An application was made by Athena Health Spa, for a special permit to operate a  physical culture/health spa establishment within a 10 story commercial building, a C5-2 zoning district located at 32 East 31st Street; and

WHEREAS, The establishment would occupy 4,332 square feet within the cellar, 4, 332 square feet on the first floor and 1,361 square feet on the mezzanine level with an elevator to provide handicapped accessibility to the cellar level; and

WHEREAS, The hours of operation will be from Sunday through Saturday 9:00am to 12:00pm; and

WHEREAS, All staff members are required to be licensed and certified professionals; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Athena Health Spa for a physical culture/health spa establishment at 32 East 31st Street.

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

WHEREAS, An application was made by Synergy Fitness to legalize a physical culture establishment in a commercial C5-3 zoning district located at 4 Park Avenue; and

WHEREAS, The physical culture establishment is approximately 17,052 square feet at the first, mezzanine and second floors; and

WHEREAS, The hours of operation are Monday through Thursday from 5:00a.m. to 12:00p.m., Friday 5:00a.m. to 10:00p.m. and Saturday and Sunday from 8:00a.m. to 8:00p.m.;  and

WHEREAS, All staff members are required to be licensed and certified professionals; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Synergy Fitness to legalize a physical culture establishment at 4 Park Avenue.

The above resolution passed with a vote of 26 in favor, 1 opposed, 1 abstentiond.

WHEREAS, Elizabeth Seton Pediatric Center has filed an application to hold a sporting event on Sunday, October 9, 2005, on 17th Street, between 5th and 6th Avenues; and

WHEREAS, This is a new applicant; and

WHEREAS, Community Board Five is oversaturated with street events and has major concerns about vehicular and pedestrian traffic when a major thoroughfare is closed; and

WHEREAS, Community Board Five would like to see new applicants directed to more suitable and less used locations; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Elizabeth Seton Pediatric Center to hold an event at the above location.

The above resolution passed with a vote of 20 in favor, 6 opposed, 2 abstentions.

WHEREAS, The traffic lane between 46th and 47th Streets on 7th Avenue in front of Duffy Square is 20 feet wide while regular traffic lanes are between 10 and 12 feet wide; and

WHEREAS, New York City Transit maintains a bus stop for the M6 and M7 buses in front of Duffy Square between 46th and 47th Streets on 7th Avenue; and

WHEREAS, The Times Square Alliance observed this bus stop during the morning and evening rush hours and during parts of the day for the week of July 20-27, 2005 measuring passenger usage of this stop and determining that it was lightly used with some buses skipping it entirely; and

WHEREAS, This extra-wide lane is generally filled up by cars two abreast that must merge back into the smaller lane at the end of Duffy Square, thereby creating a traffic backup; and

WHEREAS, The Times Square Alliance would like to expand Duffy Square 5 feet into the current 20 foot traffic lane to widen the sidewalk and increase pedestrian safety at this location; and

WHEREAS, The Department of Transportation will not permit this expansion for safety reasons if New York City Transit continues to have a bus stop at this location; therefore be it

RESOLVED, That Community Board Five urges the New York City Transit Authority to undertake a study regarding moving the M6/M7 bus stop at 7th Avenue between 46th and 47th Street to another location, and that the Department of Transportation study expanding the sidewalk by 5 feet to increase the sidewalk area.

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

WHEREAS, Times Square Alliance is interested in removing all floodlights in the area; and

WHEREAS, The floodlights were installed and paid for through a grant from the Portman fund 12 years ago and have since become faulty and obsolete; and

WHEREAS, An ambient light survey has shown no problem with light in the area currently; and

WHEREAS, The Alliance currently pays $90,000 annually for upkeep and power for these obsolete floodlights which can be better utilized elsewhere; and

WHEREAS, The Alliance agrees to urge the City to increase wattage of lights on existing poles on side streets that may require additional lighting and to focus on lighting 8th avenue, which currently is not covered by these floodlights; and

WHEREAS, Community Board Five believes the City should be responsible for the cost of lighting the streets; therefore be it

RESOLVED, Community Board Five recommends the removal of all floodlights installed from 40th to 53rd Streets, Broadway to 7th Avenue.

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

WHEREAS, American Express has applied for a special events permit for September 3-11; and

WHEREAS, The set-up, will begin Friday September 2nd prior to 9:00 a.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 Blue Smoke and Tabla, 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; therefore be it

RESOLVED, The Parks Department needs to involve the community sooner and to a greater extent in potential events in public parks; and be it further

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

RESOLVED, Community Board Five strongly recommends the denial of a permit to American Express for taking over a public park for nine days to promote their product in Madison Square Park.

The above resolution passed with a vote of 25 in favor, 0 opposed, 2 abstentions.

WHEREAS, The Union Square Partnership has applied for a permit to hold a film festival in Union Square Park; and

WHEREAS, The movies will be screened on Sunday, September 25, 2005; and

WHEREAS, The time will be limited to 7:00 p.m.-10:00 p.m.; and

WHEREAS, Overall attendance is anticipated to be 500; and

WHEREAS, A quiet generator will be used to provide power; and

WHEREAS, Cleanup will end before midnight and setup will not begin before 10am; and

WHEREAS, Sound volume is not expected to exceed normal conditions in the area; and

WHEREAS, Sponsorship information will be limited to onscreen stills between films; and

WHEREAS, The movies are pre-screened for general adult audiences; and

WHEREAS, The applicant for the past six years held a festival with no major complaints; therefore be it

RESOLVED, That the Community Board Five recommends approval of the film festival as submitted.

The above resolution passed with a vote of 26 in favor, 0 opposed, 1 abstention.

WHEREAS, An application for Action Against Hunger was presented for Community Board Five’s recommendation; and

WHEREAS, Community Board Five takes its role in the review of applications for Special Events held in our public parks seriously; and

WHEREAS, The applicant was invited to, but did not attend the Parks Committee meeting to present its proposal 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 recommends denial of the application by Action Against Hunger for Friday, October 14, 2005.

The above resolution passed with a vote of 26 in favor, 0 opposed, 1 abstention.

WHEREAS,  The New York City Department of Parks and Recreation proposes to hold an exhibition in Union Square Park commemorating the 25th anniversary of the Polish Solidarity movement beginning September 28, 2005 and lasting for a period of one month; and

WHEREAS, The location will be the southwest edge of Union Square Park (north of the Gandhi statue, south of 15th Street); and

WHEREAS, The exhibit consists of 13 three-sided kiosks with panels depicting newspaper covers and photographs from the period; and

WHEREAS, President Lech Walesa and other dignitaries will be attending the opening of the exhibit on September 28th; and

WHEREAS, A month long exhibition would utilize scarce public park space; and

WHEREAS, This event would set a precedent causing other so-called “temporary” exhibitions to become common place in our parks; and

WHEREAS, The committee suggested a shorter term for the exhibit which was not agreed to, therefore be it

RESOLVED, That Community Board Five recommends denial of a permit to Department of Parks and Recreation to hold an exhibition commemorating the 25th anniversary of the Polish Solidarity movement from September 28, 2005 for a period of one month in Union Square.

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

WHEREAS, The limestone townhouse building located at 7 West 54th Street was designed in the Beaux Arts style by John H. Duncan, constructed in 1899-1900, and designated an individual landmark in 1981; and

WHEREAS, The building, constructed as a residential building, used for commercial space for the past ten years, and currently vacant, was purchased by the applicant to be used as the headquarters of Zimmer Lukas Partners, a financial services firm; and

WHEREAS, The applicant proposes, as part of an interior renovation of the building, constructing a recessed penthouse addition, placing new mechanical equipment on the roof, adding an infill extension to the rear lot line on the second and third floors of the building, and replacing the windows on the first, third and fourth floors, and restoring the existing windows on the second and fifth floors; and

WHEREAS, Although the applicant was not asked to construct a “mock-up” of the new penthouse by the Landmarks Preservation Commission, the penthouse will consist of a greenhouse set back 25 feet from the south façade of the building and interior rooms set back an additional 20 feet, so as to match the profile of existing penthouses on the adjacent buildings and will not be visible from the street; and

WHEREAS, The rear extension and mechanical equipment will not be visible from the street; and

WHEREAS, The new windows will be wood one-over-one double hung and match the existing windows; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a Certificate of Appropriateness for construction of a penthouse addition and rear yard extension, installation of rooftop mechanical equipment and replacement and restoration of windows at 7 West 54th Street.

The above resolution passed with a vote of 26 in favor, 0 opposed, 1 abstention.

WHEREAS, 375 Park Avenue (Seagram Building), is an exterior and partial interior landmark (plaza, first-floor interiors, Four Seasons restaurant) designed by Mies van der Rohe, Philip Johnson and Kahn & Jacobs (1956-58); and

WHEREAS, The applicant, Wachovia Bank, has a long term lease within the building that requires them to restore the interior to its original state should they vacate the premises; and

WHEREAS, Wachovia Bank will have 900 employees and some 500-600 visitors per month; and

WHEREAS, The applicant seeks a Certificate of Appropriateness to install new concierge/security desks in its portion of the lobby as well as at the 53rd Street entrance; and

WHEREAS, The 53rd Street entrance is exclusively for the use of Wachovia, as well as the southern side of the lobby; and

WHEREAS, The desks will match in shape, size and materials the other security desks in the lobby, and two of the desks will have lettering and a Wachovia logo attached with adhesive across the front of the desk; and

WHEREAS, The electrical and telecommunications wiring will be brought up into the desks through the grout joints under the desks, eliminating the need to cut into the floor fabric; therefore be it

RESOLVED, That Community Board Five recommends approval of the Certificate of Appropriateness to install new concierge/security desks in the lobby of 375 Park Avenue.

The above resolution passed with a vote of 26 in favor, 0 opposed, 1 abstention.

WHEREAS, 35 West 20th Street, The Periyali Restaurant, located in the Ladies’ Mile Historic District, was built in 1858, altered in 1909-1911 and again in 1978-1979; and

WHEREAS, The applicant plans to renovate the storefront at the basement level of this four-story building by removing the eastern-most door and replacing it with glass to match the other storefront panes, thereby increasing the light within the restaurant; and configuring the frontage to line up, as closely as possible, with the shop windows above; and

WHEREAS, The stucco-faced wall at the east end of the areaway will be removed and replaced with a glass paned door, matching the rest of the storefront materials; and

WHEREAS, The applicant plans to remove the three diamond plate steps at the eastern end of the areaway; and these steps are part of the historic fabric of the site, matching the flight of steps leading to the first floor of the building; and

WHEREAS, The applicant accepted the Board’s recommendation that the three eastern steps be moved to the west to replace the cement steps; and

WHEREAS, The metal fence across the areaway at the sidewalk level will be completed in matching materials; the lights under the awning will be replaced with lights more appropriate to the historic district; therefore be it

RESOLVED, That Community Board Five recommends approval of the Certificate of Appropriateness to replace the storefront and steps at 35 West 20th Street.

The above resolution passed with a vote of 26 in favor, 0 opposed, 1 abstention.

WHEREAS, The building located at 1356 Broadway is a former bank, constructed in 1922-24 in the academic classical style, and designated an individual landmark in approximately 1998; and

WHEREAS, The oval-shaped, double-height main banking hall and portions of the vestibule and stairway are designated as an interior landmark; and

WHEREAS, The applicant currently uses the banking hall, vestibule, stairway and upper mezzanine as an event and entertaining space pursuant to a lease with the owner; and

WHEREAS, The applicant wishes to increase the capacity of the space from 300 people to 450 people, and proposes:

WHEREAS, The applicant did not provide any examples or materials demonstrating that the new work would be in keeping with the old, did not address the preservation of the materials and restoration of the building at the end of the lease term, and proposes work that would significantly alter the appearance of the building; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for the above listed construction and alterations on a landmark building at 1356 Broadway.

The above resolution passed with a vote of 22 in favor, 3 opposed, 2 abstentions.

WHEREAS, 16 West 18th Street located in the Ladies’ Mile Historic District was built in Utilitarian Style in 1867; and

WHEREAS, The applicant wishes a Certificate of Appropriateness to demolish this two-story structure, originally a stable, and lately housing a book store; and erect an eleven-story residential building with penthouse constructed with a bent glass, glass block and metal frame window facade; and

WHEREAS, There will be three doors at street level: the left entrance to a duplex apartment; the middle to the building; and the right-egress from the cellar; and

WHEREAS, The building will be 27 feet wide, and rise to 128 feet with the mechanical housings (109 feet to the parapet); and the penthouse will be set back 20 feet from the facade; and

WHEREAS, The building will be 62 feet deep with "Juliet" balconies on the back of the building with a 30 foot backyard; and

WHEREAS, The facade of glass blocks will be smooth on the face, but sandblasted behind, installed with silicone grout; and the floors are 9 feet 10 inches floor to floor with windows whose sills will be 9 inches from the floor; and

WHEREAS, The applicant stated the design is replicating cast iron construction in glass, echoing earlier historic district building, but does not include a storefront; therefore be it

RESOLVED, That Manhattan Community Board Five recommends denial of the Certificate of Appropriateness to demolish this two-story structure located at 16 West 18th Street.

The above resolution passed with a vote of 14 in favor, 10 opposed, 1 abstention.

WHEREAS, 79 Fifth Avenue (the Knickerbocker Building) located within the Ladies’ Mile Historic District, was constructed in 1904-1905 by Architect Albert S. Gottleib in the Beaux-Arts Style; and

WHEREAS, The applicant, the New School University, has a long-term lease on space within the building, and plans to change the entrance to provide greater accessibility to the building for their increasing student population; and

WHEREAS, The freight entrance door will be removed but the current right hand door will remain; and

WHEREAS, Another door will be added to create two double door entrances on either side of a fixed glass pane, keeping the cast iron bulkheads; and

WHEREAS, A two-inch thin glass canopy, extending 5 feet, covering the new door configuration, will be erected using existing cast iron frames and steel rods for support; and

WHEREAS, Four banners (18" W x 9' 6" H) will be placed above the new entrances, one on each side of the double doors; and

WHEREAS, The applicant has accepted the Committee’s recommendation that the banners be attached within the reveals of the facade instead of within the fabric itself; and

WHEREAS, The banner color and logos are part of a location master plan by the University for all its buildings; therefore be it

RESOLVED, That Community Board Five recommends approval of the Certificate of Appropriateness for 79 Fifth Avenue to change the door and add a canopy and banners at the 2 East 16th Street entrance.

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

WHEREAS, The building at 15 East 26th Street, located within the Madison Square North Historic District, was constructed in 1911-1912 and designed by Maynicke & Franke; and

WHEREAS, The applicant seeks to convert the top twelve floors and roof of an existing 20-story building from offices to residential condominiums, and to create separate residential and commercial entrances; and

WHEREAS, A master plan for the building windows will include replacement of the current one-over-one metal clad wood windows on the north and south facades of floors 9-12 with vinyl-clad wooden frames, replacement of the existing windows on the east and west courtyard facades with one-over-one aluminum windows, painted gray, matching an original color, and removal of all window air conditioning units (central air will be provided); and

WHEREAS, Setbacks at the 16th floor on the north and south facades will be converted to terraces, with new terrace doors at existing window openings by removing the lower sills, invisible from the street; and

WHEREAS, The rooftop penthouse will be rebuilt on the existing footprint and include new glass openings and cladding; three new stair bulkheads will be added (not visible from street) which will extend the footprint of the existing fire stair bulkhead, new guardrails at parapets and opaque fencing to separate private terraces from common rooftop areas will be added, and mechanical equipment will be enclosed by a sound proof barrier; and

WHEREAS, The East 26th Street storefront will be restored, all awnings will be removed which will reveal the original arched openings, and commercial signage will be on glass panes; and

WHEREAS, The center entrance will be for residential tenants, the main corridor to back elevators and the service entrance will be maintained, and the existing commercial tenants (floors 1-8) will remain with a blocked entrance re-established for them; and

WHEREAS, The center entrance with 9 foot double doors will be moved 12 feet back into the building, creating an entry courtyard, with modern materials not matching the original fabric; and

WHEREAS, Two canopies will be installed over each door; and

WHEREAS, The use of modern materials and changes in the central entrance, as well as the addition of roof terraces are inappropriate to the building and the historic district; therefore be it

RESOLVED, That Manhattan Community Board Five recommends denial of the Certificate of Appropriateness for 15 East 26th Street.

The above resolution passed with a vote of 21 in favor, 0 opposed, 1 abstention.

WHEREAS, 21st Street Partners, LLC, (formerly “Lola’s”) has applied for an on-premises liquor license for the premises at 30 West 22nd Street; and

WHEREAS, The applicant, Greg Brier, will open a first class restaurant, has 15 years experience in the restaurant business and has operated other successful restaurants, i.e., Pacific East and Pacific Time; and

WHEREAS, The applicant has employed professional chef Gabrielle Hackman, who has owned four successful restaurants and was recently the executive chef at “Santa Café” in Santa Fe, New Mexico; and

WHEREAS, There are no changes in capacity (200) or square footage (5,000) of the premises, there will be no request for a sidewalk café or cabaret and the restaurant will remain open only if the kitchen is serving; and

WHEREAS, While this location, which has had a liquor license for the past 20 years (“Lola’s”), is within the moratorium area of Community Board Five (20th, 21st, and 22nd Streets), there have never been complaints to the Community Board regarding the premises; and

WHEREAS, The Van Alen Institute, a non-for-profit owner of the building that has occupied the sixth floor since 1983 and is considered to be a good neighbor with a concern for the street and the community, decided in June of 2004 not to renew “Lola’s” lease as they were becoming increasingly disappointed with “Lola’s” operations and felt that the location could attract a more upscale and first class restaurateur; and

WHEREAS, The Van Alen Institute stated in a letter to Community Board Five that they wanted to assure the Board that they wish to associate themselves with a tenant who would enhance the long-term image and value of their property, and that they are seeking a tenant who will not only reflect well on their organization but will also serve as a benefit for the block as well as the neighborhood; and

WHEREAS, The applicant and the Van Alen Institute understand the nature and history of the problems in this area and the concerns of the residents on a block that is so fragile due to the high number of liquor licenses in the area and accordingly the applicant has signed the attached affidavit; and

WHEREAS, The applicant is aware that this location falls within the Ladies Mile Historic District and understands that no alteration can be made to the exterior (including signage, windows, roof, doors, lighting, etc.) without approval from the Landmarks Preservation Commission; therefore be it

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for 21st Street Partners, LLC, located at 30 West 22nd Street, based on the above information, the attached affidavit, the applicant’s/chef’s backgrounds and the stated intention of the owner of the building; and be it further

RESOLVED, That Community Board Five respectfully requests that the SLA consider the application for this liquor license and that this affidavit (below) be attached and considered a stipulation to the liquor license for the premises at 30 West 22nd Street.

MANHATTAN COMMUNITY BOARD FIVE

450 SEVENTH AVENUE, SUITE 2109

NEW YORK, N. Y. 10123

BSA #595-44BZ, application for an extension of term of a variance permitting continuing use of 30 Central Park South, located in an R-10 District as medical space and a restaurant