Resolutions: June 2009

WHEREAS, The applicant is proposing an unenclosed sidewalk café, with 8 tables and 18 seats, and

WHEREAS, The sidewalk café would leave 8’8’’ of clear pathway, which is consistent with other sidewalk cafes on this block, and

WHEREAS, The applicant will operate from 1pm to 3pm and from 5.30pm to 10.30pm from Sunday to Thursday and until 11pm on Fridays and Saturdays, and

WHEREAS, The block is mainly commercial so the sidewalk café would have no negative impact on residents in the vicinity, and

WHEREAS, The applicant is aware that they are required to apply to the SLA for an alteration to their liquor license, therefore be it

RESOLVED, That Community Board Five recommends approval of an unenclosed sidewalk café at 127 East 27th Street.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining

WHEREAS, Integree Spa & Beauty is applying for a legalization of a Heath and Physical Culture Establishment, and

WHEREAS, The establishment is 1700 square feet and operates as a spa offering a menu of facials, body treatments and massages, catering mainly to women, and

WHEREAS, The operator started operating the establishment without the proper BSA special permit as the result of incorrect information given by her attorney, and as soon as notified by DOB, she took all necessary steps to remedy the mistake and to obtain the relevant permit, therefore be it,

RESOLVED, That Community Board Five recommends approval of the application for legalization of BSA special permit for a health and physical culture establishment at 325 5th Avenue.

WHEREAS, The applicant is proposing a newsstand on the NEC East 47th Street and Madison Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow, near the Madison avenue Grand Central Terminal entrance (500.000 visitors to Grand Central Terminal per day); and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Community Board 5 is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board 5 recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NEC East 47th Street and Madison Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, 5pm on weekdays, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

The above resolution passed by a vote of 32 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the North West corner of West 45th Street and Broadway, and

WHEREAS, The proposed newsstand would be located in an area that registers  heavy pedestrian flow, fluctuating seasonally, and reaching critical level around the holiday season; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, Community Board Five has a moratorium on street furniture in Time Square area, and

WHEREAS, The proposed newsstand would be in front of the hotel Marriot Marquis, and would be in violation of the section 2-68 stipulating that a newsstand shall not be installed in front of a building that has 3 or more floors of retail space, and Marriot Marquis has 3 or more floors of retail space, and

WHEREAS, Community Board 5 is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board 5 recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC West 45th Street and Broadway, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

WHEREAS, the applicant is proposing a newsstand on the South West corner of 58th street and 5th Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers  heavy pedestrian flow, fluctuating seasonally, and reaching critical level around the holiday season; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, the Art Commission (newly renamed Design Commission), noted that "the Fifth Avenue subdistrict has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands will severely detract from its attractiveness and effectiveness", and

WHEREAS, The proposed newsstand would be in front of the Department store Bergdorf Goodman, in violation of the section 2-68 stipulating that a newsstand shall not be installed in front of a building that has 3 or more floors of retail space, and Bergdorf Goodman has 8 floors of retail space, and

WHEREAS, Community Board 5 is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board 5 recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SWC of 58th Street and 5th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, 5pm on weekdays, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

WHEREAS, The applicant is proposing a newsstand on the SWC East 33rd Street and Park Avenue, and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, the proposed newsstand would be located in front of a landmark building and would not be harmonious with its surroundings, by creating visual and physical clutter, and

WHEREAS, The proposed newsstand would be in front of a HSBC branch, which would be in violation of Art 2-65 3-A of the Rules of the city of New York, stating that "a newsstand should leave a 15 foot clearance as measured parallel to the curb, […] from any entrance from a bank to the street providing access to tellers for members of the general public.", and

WHEREAS, Community Board 5 is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board 5 recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the 33rd Street and Park Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, 5pm on weekdays, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

WHEREAS, The applicant is proposing a newsstand on the South West corner of 57th street and 5th Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers  heavy pedestrian flow, fluctuating seasonally, and reaching critical level around the holiday season; and

WHEREAS, 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC. Safety is a crucial concern for Community Board Five; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The Art Commission (newly renamed Design Commission), noted that "the Fifth Avenue Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands will severely detract from its attractiveness and effectiveness", and

WHEREAS, Community Board 5 is gravely concerned by the increase of applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations, and

WHEREAS, Community Board 5 recognizes that applications for newsstands are usually presented by small business, minority owners and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SWC of 57th Street and 5th Avenue, and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour 5pm on weekdays, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied.

BSA Application # 271-81-BZ – 110-112 West 56th Street - Special Permit for a physical culture establishment for New York Health and Racquet Club

WHEREAS, The New York City Landmarks Preservation Commission ("LPC") advised Community Board Five on May 22, 2009 that there will be a public hearing on June 23, 2009 regarding the proposed designation of the Sire Building, 211 West 58 Street, as an individual Landmark; and

WHEREAS, This property has been selected for consideration by LPC as a result of a survey of properties under consideration for possible designation and happens to be immediately next to two other properties already designated as Landmarks; and

WHEREAS, This is a five-story "flats"  building, constructed in 1884-1885, containing 10 apartment units and a retail store at ground level, designed by William Graul for the owner, Benjamin Sire; and

WHEREAS, William Graul maintained an architectural practice in New York City from 1868 to 1903 and designed many apartment buildings, row houses and store and loft buildings in the City; and

WHEREAS, Benjamin Sire was a wealthy real estate dealer and the owner of several theaters; and

WHEREAS, The building was designed in the high Victorian style with neo-Grec details, constructed of red brick with stone trim and details and has the original owner's name "SIRE" in the stone beneath the Gothic arch-headed stone lintel at the parapet wall, above the center bay of paired windows; and

WHEREAS, The retail store infill at the ground floor has been replaced with granite veneer, but the entrance to the apartments in the western bay still has its historic ornately carved wood and glass double doors with lion heads and beveled glass; and

WHEREAS, The store has had a variety of tenants including a Studebaker car  dealer in the 1910's, a pet shop in the 1930's, the Museum of the American Piano in the 1980's and 1990's, and is now occupied by Klavierhaus, a retailer of custom pianos and is situated on a block that has other retail piano stores; therefore, be it

RESOLVED, Community Board 5 recommends approval of the designation as an individual landmark of The Sire Building, 211 West 58 Street, between 7th Avenue and Broadway.

The above resolution passed by a vote of 31 in favor; 3 opposed; 1 abstaining.

WHEREAS, The Paramount Hotel, located at 235-245 West 46th Street (between Broadway and Eighth Avenue), was built in 1927-28, during a period of tremendous expansion of the Broadway theaters and the activity of the Times Square theater district; and

WHEREAS, The New York City Landmarks Preservation Commission ("LPC") advised Community Board Five on May 22, 2009 that there will be a public hearing on June 23, 2009 regarding the proposed designation of The Paramount Hotel, located at 235-245 West 46th Street as an individual Landmark; and

WHEREAS, The  hotel was designed by the renowned theater architect, Thomas Lamb, originally from Scotland but trained in New York, who became one of this country’s most prolific theater designers, and whose work included movie theaters, including the Capitol Theater, Keith’s Theater, and theaters for Loews and Fox; and

WHEREAS, The Paramount Hotel was Lamb’s only hotel design, built to address the specific needs of visitors to Times Square and was one of his rare non-theater projects which originally included its own theater, the Century; and

WHEREAS, The design was built to reflect the street-theater nature of its setting, and includes fanciful ornamentation on the lower and upper stories, a double-height arcade faced with marble, elaborate terra cotta ornamentation on the third story, and many significant details that allow it to stand out on its narrow street, leading up to a deep, copper mansard roof with richly ornamented dormers with broken pediments, volutes and cartouches of terra cotta; and

WHEREAS, Its exuberant Renaissance Revival style complements the dramatic atmosphere of the theater district; therefore be it

RESOLVED, That Community Board 5 recommends approval of Landmark designation for the Paramount Hotel, recognizing its distinguished position in the Times Square area with its outstanding  details which allow it to be enjoyed by those viewing it at a distance as well as those at street level, and its unique position as the only example of hotel design by the architect.

The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, The building located at 881 Seventh Avenue between West 56th and West 57th Streets, known as Carnegie Hall, is a renowned Italian Renaissance Revival style concert hall 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, a world famous mecca for music, was designated June 20, 1967 by the New York City Landmarks Preservation Commission as an individual Landmark, and was designated as a National Historic Landmark, November 6, 1964, among the earliest New York City institutions to receive such recognition; and

WHEREAS, Carnegie Hall has embarked on a major interior and exterior renovation program to continue to fulfill its dual missions in the Performing Arts and Education, at a cost of some $200 million, part of which will be funded by New York State and New York City, the remainder from private sources; and

WHEREAS, The Landmarks Committee of Community Board Five has been provided with detailed architectural descriptions, plans, renderings and historical photographs at two meetings with the applicant, one of which was on site on May 28, 2009; and 

WHEREAS, Only the exterior renovations, detailed in the attached Exhibit A, Scope of Work, were addressed since only the exterior of the building has received Landmark Designation (although some Committee members expressed their opinion that the interior was worthy of consideration for designation in the future); and

WHEREAS, Great efforts have been made to respect the intentions and designs of the  original architects and to make many of the changes as "transparent" and unobtrusive as possible by using clear glass for the new marquees, for example, as well as glass for the new elevator between the north and south towers; and

WHEREAS, The Scope of Work falls into five principal categories:

WHEREAS, Renderings, mockups and photographs have been provided to CB 5 to demonstrate that the rooftop changes and additions are only minimally visible from the public way, even as distant as two blocks away at Central Park South; and

WHEREAS, Carnegie Hall serves 115,000 people annually in its educational programs, including large numbers of schoolchildren, who will benefit from many of the proposed improvements; and

WHEREAS, The interior improvements, including backstage areas and new performance studios, which are not part of this application, but are included as part of the overall renovation plan, will enhance the institution as a world class performing arts center; and

WHEREAS, In proposing this plan, the applicant and its professional consultants have demonstrated a high degree of respect for the Landmark's architectural design, historical importance and cultural heritage; therefore, be it

RESOLVED, Community Board Five recommends approval of the application by Carnegie Hall, 881 Seventh Avenue between West 56th and West 57th Streets, for a Certificate of Appropriateness for exterior renovations in accordance with the plans and scope of work presented to Community Board Five.

The above resolution passed by a vote of 33 in favor; 4 opposed; 1 abstaining.

WHEREAS, The applicant proposes to construct a mid-block 82 story mixed-use building at 53 West 53rd Street which would contain a 100 room hotel, 150 residential units, a block-through lobby, a cellar restaurant and a loading dock on West 54th Street; and

WHEREAS, The proposed building would sit on the western end of a merged zoning lot which stretches from just east of 6th Avenue to Fifth Avenue and would require Special Permits for the transfer of 136,000 square feet of floor area from the University Club at Fifth Avenue at West 54th Street under section 74-79 of the Zoning Resolution and another  275,000 square feet from St. Thomas Church under Section 74-711 of the Zoning Resolution; and

WHEREAS, The applicant also seeks waivers under Section 74-711 to permit the distribution of floor area without regard to zoning district boundaries (the proposed building site sits on two different zoning districts),  height and setback requirements, pedestrian circulation space and rear yard equivalent requirements; and

WHEREAS, The proposed building was designed by Jean Nouvel as a slender, glass-clad tower which would be a significant architectural addition to the city but would rise on its mid-block location to 1,250 feet in height and would be one of the tallest buildings in the city -- which will, on a winter day, cast a shadow in Central Park; and

WHEREAS, The proposed building would include nearly 52,000 square feet in new space for the Museum of Modern Art (MoMA), increasing its gallery space by approximately 39 percent; and

WHEREAS, This Board reviewed the landmark aspect of this application in March 2008 and determined that the proposed tower was not harmonious with the existing landmarks and recommended that the Landmarks Preservation Commission deny the transfer of air rights from the University Club and St. Thomas Church; and

WHEREAS, The Landmarks Preservation Commission voted to approve the air rights transfer in May of 2008; and

WHEREAS, This Board also recommended that the City Planning Commission review the environmental impacts of traffic congestion from the construction of this building using a river-to-river analysis and a cumulative look at the impacts of the new building on local schools and emergency services; and

WHEREAS, While the CPC expanded the scope of the reviewing area somewhat for limited purposes, a river-to-river analysis of congestion was not performed and the building was generally not found to have a significant environmental impact on the area except as to shadows during the summer months; and

WHEREAS, The north side of West 54th Street is residential and the neighborhood has recently been subject to a multi-year construction project associated with the Museum of Modern Art; and

WHEREAS, There are now over half a dozen loading docks on West 54th Street and the use, or lack of use, of loading docks by MoMA and others on the block has created significant traffic congestion in the area; and

WHEREAS, Although MoMA may have taken some steps to lessen the impact of loading activity on West 54th Street, it has generally developed very bad relations with its residential neighbors and is not perceived to treat residential concerns seriously; and

WHEREAS, While the applicant has agreed to provide a liaison to the community during construction who will work with the Board and the community in minimizing the impacts of construction, the construction of such a large building will undoubtedly cause major disruptions to mid-town traffic and numerous other noise and pollution problems in the immediate vicinity of the project; and

WHEREAS, Although the Board is not concerned with the various waivers as to district boundaries, height, setback, rear-yard and pedestrian circulation space because these waivers would help to enhance the beauty and the practicality of the proposed building, the Board is concerned that the proposed tower is simply too large for its site; and

WHEREAS, Although the benefits of new maintenance plans for the University Club and St. Thomas Church, an important new architectural addition to the City and more public gallery space at MoMA would not be insignificant, the Board finds that the transfer of development rights would unduly increase the bulk of the proposed building such that the benefits are outweighed by the burdens associated with such a tall new building on this midblock site; therefore be it

RESOLVED, That Community Board Five denies the 53 W 53rd Street, W2005/Hines West Fifty-Third Realty, LLC application for two Special Permits under Sections 74-79 and 74-711 of the Zoning Resolution.

The above resolution passed by a vote of 30 in favor, 9 opposed, 1 abstaining, one present not entitled to vote.

WHEREAS, The Fashion Institute of Technology (FIT) seeks a Board of Standards and Appeals Special Permit pursuant to Section  73-64 of the Zoning Resolution to waive setback requirements in order to facilitate the development of a 10-story addition adjacent to an existing building on the south side of West 28th Street between 7th and 8th Avenues; and

WHEREAS, The project site presently contains an undeveloped courtyard adjacent to rear of the existing building facing West 27th Street and a 12 foot high street wall which runs along the sidewalk for approximately 214 feet; and

WHEREAS, The proposed addition would include a 10-story glass atrium between the existing building and the proposed addition and a triple height glass Student Life Hall facing West 28th Street which together would bring light into both the existing building and new classrooms in the proposed addition; and

WHEREAS, The proposed building would include new glass in-lot walking space along the sidewalk above knitting rooms; and

WHEREAS, The proposed building will be a “green” building with innovative new solar energy features; and

WHEREAS, The existing conditions on this block of West 28th Street are barren and unfriendly; and

WHEREAS, The proposed addition is architecturally interesting and the building would bring much needed life and activity to this block; and

WHEREAS, The proposed waivers of setback requirements are minor in scope but allow for significant innovation in the “green” building design and in designing a fully functional atrium; therefore be it 

RESOLVED, That Community Board Five approves the application on behalf of FIT for a BSA Special Permit to facilitate the development of an approximately 98,000 square foot, 10 story addition adjacent to an existing FIT building.

The above resolution passed by a vote of 38 in favor, 0 opposed, 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Hadley Media Inc. has submitted an application seeking permission for a special event to be conducted in Herald Square on Monday June 29, 2009 between the hours of 8:00 AM and 8:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on June 1, 2009 to present their proposal for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Hadley Media to hold a special event in Herald Square on Monday June 29, 2009.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Mission New York City has submitted applications seeking permission for special events to be conducted in Union Square Park on Monday July 13, 2009 and on Monday July 20, 2009 between the hours of 3:00 PM and 6:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on June 1, 2009 to present their proposals for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends denial of the applications by Mission New York City to hold special events in Union Square Park on Monday July 13, 2009 and on Monday July 20, 2009.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Grace Hats NY LLC has submitted an application seeking permission for a special event to be conducted in Duffy Square on Friday June 19, 2009 between the hours of 11:00 AM and 2:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five's Parks Committee meeting on June 1, 2009 to present their proposal for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Grace Hats NY LLC to hold a special event in Duffy Square on Friday June 19, 2009.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, The National Institute for Reproductive Health has submitted an application seeking permission for a health fair to be conducted in the South Plaza of Union Square Park on Friday August 7, 2009 between the hours of 5:00 PM and 8:00 PM, requiring set-up to begin at 3:30 PM, and dismantling and clean-up to be completed by 8:00 PM; and

WHEREAS, The mission of the proposed Reproductive Health Fair is to educate participants on women’s health as well as provide information on local advocacy efforts, public insurance options, and health care resources; and

WHEREAS, The event is free of charge to all spectators, and there will be no sale of merchandise or food; and

WHEREAS, Community Board Five is concerned that due to the current and ongoing construction in the North Plaza, there is a decrease in available park space, as well as fewer days in which special events can be held in Union Square Park; and

WHEREAS, The proposed event is one which does not require a large amount of space, is brief in duration, does not have a commercial intent, and offers some public benefit; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by the National Institute for Reproductive Health to conduct the Reproductive Health Fair in Union Square Park on Friday August 7, 2009.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously and requests an opportunity to review the application before a permit is granted by the Parks Department Special Permit Office; and

WHEREAS, Silly Boy Productions has submitted an application seeking permission for a special event to be conducted in Duffy Square on Sunday July 19, 2009 between the hours of 12:30 PM and 1:30 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on June 1, 2009 to present their proposal for review; and

WHEREAS, Any questions that the committee might have regarding this event could not be addressed; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Silly Boy Productions to hold a special event in Duffy Square on Sunday July 19, 2009.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The location of 62 Madison Avenue is a 72-room boutique hotel (the "hotel"), originally built in 1902, on the northwest corner of Madison Avenue and 27th Street, the front of which currently has a "bus idling sign" that is used for tour buses; and

WHEREAS, The presence of these tour buses directly in front of the entranceway to the hotel creates additional traffic congestion on Madison Avenue and, more importantly, a very hazardous condition for guests and hotel staff, as they often are forced to load and unload vehicles in the second or third western-most traffic lanes on Madison Avenue while such tour buses are parked or idling; and

WHEREAS, The presence of the tour buses also makes it difficult and somewhat unsafe for the hotel's service staff to perform standard hotel functions, such as carrying in luggage of arriving guests, hailing and retrieving  taxi cabs, and running the parking valet service; therefore, be it 

RESOLVED, That in order to mitigate these traffic conditions and to improve guest and hotel staff safety, Community Board Five requests that DOT: (1) to place signage creating a No-Standing Zone in front of the entrance to the hotel utilizing the same space that currently is being utilized by the tour buses, and (2) to explore the optimal alternate locations for moving this tour bus stop, including a location around the corner from the hotel on 27th Street between Madison Avenue and Fifth Avenue.

WHEREAS, The north side of East 23rd Street, on the block bounded by Park Avenue South and Lexington Avenue, contains a double-length bus stop on its easterly end and a no-standing zone on the remainder of the street; and

WHEREAS, A fire hydrant is located within the no-standing zone directly in front of the entrance to the residential building located at 121 East 23rd Street; and

WHEREAS, Use of the bus stop is restricted to passenger pick-up and drop-off, yet MTA and NYC Transit buses utilize the no-standing zone as a bus layover area; and

WHEREAS, The residents of 121 East 23rd Street are concerned about the illegal use of the no-standing zone by buses and, in particular, the blocking of the fire hydrant by said buses, causing concerns about safety and access by fire department and other emergency personnel; and

WHEREAS, It has been requested by representatives of the building that the MTA and NYC Transit take measures to assure that their buses do not illegally park in the no-standing zone or in the area in front of the fire hydrant; and

WHEREAS, It has also been requested by representatives of the building that NYPD enforce the no-standing regulations to assure that buses do not illegally layover in the no-standing zone or in the area in front of the fire hydrant; therefore, be it

RESOLVED, That Community Board Five requests that the MTA and NYC Transit take such measures as may be necessary to assure that their buses do not illegally park in the no-standing zone or in the area in front of the fire hydrant on the north side of East 23rd Street between Park Avenue South and Lexington Avenue; and be it further

RESOLVED, That Community Board Five recommends that the NYPD enforce the no-standing regulations to assure that buses do not illegally layover in the no-standing zone or in the area in front of the fire hydrant; and be it further

RESOLVED, That Community Board Five recommends that the MTA and NYC Transit review the use of the double-length bus stop on the easterly end of said block to determine whether consolidation or shortening of said bus stop is appropriate; and be it further

RESOLVED, That Community Board Five requests that representatives of the MTA, NYC Transit, and NYPD meet with residents of the street and a representative of Community Board Five in order to establish appropriate procedures for the carrying out of the foregoing resolutions.

WHEREAS, Each weekday and on the weekends, there is "bumper-to-bumper" traffic immediately in front of The 225 Fifth Avenue Condominium (the "building") between 26th and 27th Street at 6pm, when the parking rules change, thereby preventing delivery trucks for the building from pulling up to curbside and thus forcing these trucks to double-park in the eastern-most traffic lane, exacerbating the already heavy traffic conditions; and

WHEREAS, On many week nights, limousines servicing local banks and businesses may also line up in this same lane, further blocking the entrance to this building and thus forcing the delivery trucks to double-park in the second eastern-most traffic lane, which is almost in the middle of Fifth Avenue, further contributing to the heavy traffic conditions; and

WHEREAS, The MTA uses the 26th Street area between Fifth Avenue and Madison Avenue as a staging area for buses, and when busses and other vehicles are stopped at Fifth Avenue waiting to turn, as the bus parking area allows only one lane to be open for through-traffic, this again adds congestion to the already congested street; and

WHEREAS, Taxi cabs and other cars dropping off passengers for the building must frequently stop in the second or even the third eastern-most traffic lane due to the above conditions; and

WHEREAS, These passengers often are unable to walk through the gaps of the stopped or parked vehicles in front of the building and must therefore walk on the street either up or down Fifth Avenue to get to the sidewalk and the entrance to the building; and

WHEREAS, A rooftop bar/nightclub at 230 Fifth Avenue creates a major traffic jam on the western side of Fifth Avenue diagonally across the street from the entrance to the building; and

WHEREAS, Fifth Avenue narrows immediately below 26th Street and, therefore, traffic is often funneling into the middle of Fifth Avenue at high speeds at those times when there is not a high volume of vehicles; and

WHEREAS, All of the above conditions create a unique and dangerous traffic situation which in turn creates significant safety issues for the residents of and visitors to the building; therefore, be it

RESOLVED, That in order to ameliorate the conditions described above, Community Board Five requests that DOT create signage for a No-Standing Zone in front of the entrance to 225 Fifth Avenue that is 20 feet in length, enough to accommodate one vehicle; and be it further

RESOLVED, That Community Board Five requests that DOT extend the hours of commercial parking permitted on 27th Street between Madison Avenue and Fifth Avenue to 10 p.m. from 6 p.m., which would allow delivery trucks to service the building, which abuts that block, during those additional hours without having to occupy traffic lanes on Fifth Avenue.

WHEREAS, The number and activity of taxies on Vanderbilt Avenue between East 42nd Street and East 44th Street have caused excessive congestion and pedestrian safety issues; and

WHEREAS, This is due in part to the lack of adherence to existing regulations by taxi and non-taxi vehicles, as evidenced by the fact that 50-75 tickets are issued each day for various moving and parking violations; and

WHEREAS, The DOT, in conjunction with MTA MetroNorth Railroad (which owns the land on Vanderbilt Avenue) and the Grand Central Partnership (which operates the local taxi stands), has recommended the following solutions to these problems: 

WHEREAS, There will be no changes to signaling or turning regulations at the intersection of Vanderbilt Avenue and 42nd Street; and

WHEREAS, Implementation of the above plan will be coordinated with MTA MetroNorth Railroad and the Grand Central Partnership; and

WHEREAS, Any significant changes to the above-stated plan will be presented to the Transportation & Environment Committee of Community Board 5 for review; therefore, be it

RESOLVED, That Community Board Five recommends approval of the DOT’s proposed safety improvements on Vanderbilt Avenue.

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