WHEREAS, Action Against Hunger has filed an application to hold an event on Friday, October 14, 2005, on the Triangle in Times Square; and

WHEREAS, Action Against Hunger is a new applicant; and

WHEREAS, Due to the over-saturation of the Community Board Five area with street fairs/festivals and its major concerns about traffic when a major thoroughfare is closed, the Board 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 Action Against Hunger to hold an event at the above location.

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

WHEREAS, The Federation of India Associations has applied for:

WHEREAS, This event is expected to draw approximately 50,000 people to the immediate Madison Square Park area; and

WHEREAS, The applicant has signed and agreed to adhere to the Community Board Guidelines (see attached), specifically the guideline that participation in the applicant’s events will not be denied to any group on the basis of sexual orientation, gender identity or expression; and

WHEREAS, In previous years, only through the application of pressure from elected officials has the applicant agreed to include participants regardless of sexual orientation, gender identity or expression; and

WHEREAS, Community Board Five has asked that the stage be moved from 23rd Street and Madison Avenue northward to 26th Street; and

WHEREAS, The applicant has agreed to adequately increase the number of security personnel to handle the large amount of event participants as well as increase workers assigned to garbage collection during the event; and

WHEREAS, The event has far outgrown the Madison Square Park area’s capacity; therefore be it

RESOLVED, That Community Board Five recommends approval of both the Federation of India Association's application for a permit for a Street Activity on Madison Avenue, between 23rd and 25th Streets and application for a permit for the use of Madison Square Park to celebrate India Independence Day Sunday, August 21, 2005; and be it further

RESOLVED, That Community Board Five urges the New York City Department of Parks & Recreation, to uphold the integrity of its performance and cleanliness bond processes by consistently requiring such bonds and not returning them to applicants whose event causes extensive damage to public parkland or jeopardizes the safety of city workers, event participants and other members of the public; and be it further

RESOLVED, That Community Board Five also urges the city to work with the applicant to find an alternative parade route and location.

The above resolution passed with a vote of 22 in favor, 5 opposed, 2 abstentions.

WHEREAS, Korea Times & Korea American Association NY has filed an application to hold a street festival on Saturday, October 1, 2005, on 32nd Street between 5th Avenue and Broadway; and

WHEREAS, This event has been held for years without incident; and

WHEREAS, The applicant has agreed to abide by Community Board Five’s Street Activity Guidelines; and

WHEREAS, Community Board Five requests that the sponsor and producer of the event screen for and do not allow vendors selling counterfeit goods; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Korea Times & Korea American Association NY to hold a street festival on Saturday, October 1, 2005.

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

WHEREAS, The Marriot Marquis has filed an application to hold a 20th Anniversary Celebration on Monday, August 29, 2005, on 45th Street between Broadway and 8th Avenue; and

WHEREAS, This is a new applicant and the event will not be open to the public, making it a private affair; and

WHEREAS, Community Board Five has concerns about vehicular and pedestrian traffic when a major thoroughfare is closed on a weekday; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Marriot Marquis to hold an event at the above location.

The above resolution passed with a vote of 21 in favor, 5 opposed, 3 abstentions.

WHEREAS, BLT Main Street LLC has filed an application for an unenclosed sidewalk café for 7 tables and 14 seats at 111 East 22nd Street; and

WHEREAS, The applicant has agreed to the following conditions to address the neighborhood's concerns:

• close the unenclosed sidewalk café at 11:00p.m.
• close the café doors at 11:00p.m. to alleviate noise coming from inside the café
• look into rescheduling garbage pick-up, so as not to disturb the neighbors
• provide a telephone number of the Manager in case of emergency; therefore be it  

RESOLVED, That Community Board Five recommends approval of the application by BLT Main Street LLC, for an unenclosed sidewalk café at 111 East 22nd Street for 7 tables and 14 seats.

The above resolution passed with a vote of  21 in favor, 7 opposed, 1 abstention.

WHEREAS, The Mexican Cultural Institute is applying for a permit to hold a public arts project, which would be held October 7th to October 27th in Union Square from dusk to 10:00p.m.; and

WHEREAS, The project consists of 600 photographic images of Mexico City by 250 Mexican artists that would be projected from across 14th Street onto the pavement of the park; and

WHEREAS, The project is part of a large city-wide undertaking with many important institutions involved; and

WHEREAS, The applicant has agreed to bring before the Board any requests for events related to this project; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by The Mexican Cultural Institute for a public art project.

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

WHEREAS, Edward Thorp Gallery proposes to install a collection of three sculptures of horses on the Park Avenue malls between 52nd and 53rd Streets, and between 53rd and 54th Streets from September through December 2005; and

WHEREAS, Each of the sculptures, measuring approximately 85" X 110" X 50", are composed of scrap metal-and-wood coated in bronze patina and have been conceived and crafted by the acclaimed artist Deborah Butterfield; and

WHEREAS, The sculptures will be made of heavy materials and will be grounded by fielding hole structures, thereby making them stable and immobile; and

WHEREAS, The City of New York Parks & Recreation Department will require Edward Thorp Gallery to pay for all installation and de-installation costs, including restoring of the fielding holes and repairing of the lawn; and

WHEREAS, Installation of the project will take place on weekends and abide by Department of Transportation regulations; and

WHEREAS, Quality public sculpture is a welcome addition to the City's cultural landscape; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Edward Thorp Gallery to install the Deborah Butterfield horse sculpture collection from September through December 2005.

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

WHEREAS, The following applications were presented for Community Board Five’s recommendation:

WHEREAS, Community Board Five takes its role in the review of applications for Parks Special Events seriously; and

WHEREAS, The applicants were invited to, but did not attend, the Parks 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 recommends denial of the above applications.

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

WHEREAS, 32 West 22nd Street in the Ladies’ Mile Historic District is a Beaux Arts/Early 20th Century commercial-style store and loft building (1904-05) designed by Schickel & Ditmars; and

WHEREAS, The applicant, Just Calm Down Spa, located in the ground-level storefront, proposes to legalize an illegal bracket sign; and

WHEREAS, The sign is an interior-lit box whose width is approximately 12 inches and seems, overall, larger than regulations permit; and

WHEREAS, The sign does not meet the Landmarks Preservation Commission standard for bracket signs for buildings in the Historic District; therefore be it

RESOLVED, That Manhattan Community Board Five recommends denial of the legalization of the bracket sign for the Just Calm Down Spa at 32 West 22nd Street.

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

WHEREAS, 240 Central Park South Apartments is a designated individual landmark built in 1939-1940 by Architects Mayer and Whittlesey; and

WHEREAS, The applicant seeks to restore the original plan for the tower by installing a glazing system and architectural lighting; and

WHEREAS, The plywood wall constructed to keep out rain, snow and nesting pigeons would be removed from the tower which houses the building’s water tank; and

WHEREAS, To protect the tower interior and the spaces and apartments below, non-reflective glass panels would be installed on the tower walls, two feet from the tower wall below and three feet from the cantilevered roof; and

WHEREAS, The glass frame will be painted the same color as the concrete and be in the same plane as the frame of the opening; and

WHEREAS, Three 170 watt halide lights in metal holders will be installed on each elevation, facing the glass to illumine it, replacing long defunct incandescent lamps; and

WHEREAS, This installation will restore the tower to the original design and provide the building and tenants with relief from the intrusion of water and bird debris; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for Certificate of Appropriateness for 240 Central Park South.

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

WHEREAS, 7 East 17th Street/10 East 18th Street in the Ladies’ Mile Historic District is a Neo-Renaissance style store and loft building (1900-02) designed by Moore and Lausiedel, Architects;

WHEREAS, The application for a Certificate of Appropriateness is for the repair and restoration of the façades and storefronts, and the replacement of the cornices to match original design; and

WHEREAS, The applicant proposes to clean and repair the masonry on both facades and restore missing terra-cotta with a modern material (Jahn) that will closely match the original; and

WHEREAS, The top cornices will be restored in fiberglass, as shown in historic photographs; and

WHEREAS, The wooden window frames will be repaired and painted an off-white color determined by a paint analysis to match the original color; and

WHEREAS, The fire-escapes on both facades will be altered by replacing the cornice notch, allowing the provision of a drop ladder in place of a counterbalance at the bottom; and

WHEREAS, The storefront on 17th Street will be restored to match the existing, intact storefront on 18th Street; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a Certificate of Appropriateness for 7 East 17th Street/10 East 18th Street.

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

WHEREAS, 27 West 20th Street in the Ladies’ Mile Historic District, is a Neo-Renaissance style store and loft building, built in 1907-08 and designed by Neville & Bagge Architects; and

WHEREAS, The windows on the second through twelfth floors were originally constructed as Chicago-style wood framed windows, in groups of three, with a central stationary pane flanked by pivoting panes; and

WHEREAS, Many of these windows have deteriorated and are beyond repair, and windows on two upper floors have already been replaced in the past with double-hung windows; and

WHEREAS, The applicant seeks to replace all windows on the second through twelfth floors with thermo pane glass windows in aluminum frames; and

WHEREAS, The proposed windows will also be in groups of three, with the central stationary pane flanked by double-hung windows; and

WHEREAS, There have been inconsistent alterations to the existing windows to accommodate individual air-conditioning units, and the applicant will consider the Board's recommendation for a master plan of consistent placement of air conditioners in windows; and

WHEREAS, While the loss of the Chicago-style pivot windows is regrettable, the design of the new windows is sympathetic to the original design with a central pane as a stationary element; therefore be it

 RESOLVED, That Community Board Five recommends approval of the application for a Certificate of Appropriateness for 27 West 20th Street.

The above resolution passed with a vote of 24 in favor, 2 opposed, 1 abstention.

WHEREAS, 97 Fifth Avenue located in the Ladies’ Mile Historic District is a Neo-Renaissance style store and loft building (1897-98) designed by Maynicke, Architect; and

WHEREAS, The applicant seeks to replace all the apartment windows on both the Fifth Avenue and 17th Street facades with thermopane glass, replacing the original wooden frames with aluminum; and

WHEREAS, The windows will be one-over-one, the frames will be painted in a color to match the original, and the distinctive and decorative spiraled mullions will remain; therefore be it

RESOLVED, That Manhattan Community Board Five recommends approval of the application for a Certificate of Appropriateness for 97 Fifth Avenue.

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

WHEREAS, 136 Fifth Avenue is a remnant of a four-story row house in the Ladies’ Mile Historic District built in 1850, altered in 1982 and converted for commercial use from 1900 to 1950; and

WHEREAS, The top two stories of the building were destroyed by fire in 1960 and the lower remaining stories are now vacant but had been occupied by Andrews Coffee Shop; and

WHEREAS, The applicant, Apple Computers, seeks to tear down the existing building and replace it with a two-story retail building comprised of a glass facade made of three tiers of low-reflective, clear glass abutted panels, with an exposed structure located nine feet behind the glass facade; and

WHEREAS, A previous application relating to the reconstruction of the façade was not approved by Community Board Five in March 2005; and

WHEREAS, The current design is striking and attractive, but the proposed all-glass facade would be too modern and not appropriate to the Ladies’ Mile Historic District; therefore be it

RESOLVED, That Manhattan Community Board Five recommends denial of the application for a Certificate of Appropriateness for 136 Fifth Avenue.

The above resolution then passed with a vote of 19 in favor, 7 opposed, 2 abstentions.

WHEREAS, The applicant, J&S Restaurant Corporation, located at 13 East 31st Street is applying for an on-premises liquor license; and

WHEREAS, Seven months ago the applicant came before the Board requesting and receiving a recommendation for approval of a beer/wine license; and

WHEREAS, The recommendation for approval was based upon the signed affidavit from the applicant stating, among other stipulations, that J&S Restaurant “will not request or operate a liquor license now or at a later date;” therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license for J&S Restaurant Corp., located at 13 East 31st Street.

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

WHEREAS, Three Amigos SJL, Inc., is applying to the SLA to transfer the liquor license from Club New York, located at 252 West 43rd Street; and

WHEREAS, The former occupant, Club New York, had for several years been the scene of numerous disturbances, noise, crowds on the streets, unruly behavior, and a shooting involving a famous celebrity; and,

WHEREAS, At Community Board Five's Public Safety/Quality of Life Committee meeting held on September 7, 2004 and again on July 11, 2005, regarding this matter, the owner, Steve Aslan, described the concept for the establishment as a "Gentlemen's Club and Restaurant", aka topless bar, that will be operated as a 60/40 club in accordance with New York City's Adult Entertainment Zoning regulations; and

WHEREAS, Mr. Aslan is known to Community Board Five as the proprietor for seven years of the VIP Lounge, a similar type of club located on West 20th Street between 5th and 6th Avenues, which has received support from the residents of that area since it was widely stated that VIP was operated without any negative effects on the community in contrast to the many other unruly night clubs located there; and

WHEREAS, Mr. Aslan has indicated that the target market will be primarily an upscale clientele including professionals and business executives, and there will be a dress code; and

WHEREAS, The main room for entertainment will be located in the rear, and the remainder of the space will consist of a high-end restaurant and a waiting area with a bar and private dining area, the hours of operation will be from 5p.m. to 4a.m., six days per week (closed Sundays), and there are plans to eventually open for lunch, and the occupancy of the club will be between 250-300 people, in contrast to often more than 1,000 at Club New York; and

WHEREAS, There is a parking lot on either side of the premises; and

WHEREAS, The applicant was sympathetic to the questions and suggestions raised by the members of the Public Safety and Quality of Life committee and the Security Director of the Times Square Hotel located directly across the street, and has agreed to undertake the following ameliorative measures to prevent the nuisance conditions that prevailed at this location in the past:

• There will be no rope line on the sidewalk outside the club and applicant's security personnel will discourage patrons from congregating outside
• There will be no flyers distributed outside the club and the area surrounding the premises will be kept clean
• Applicant agrees to work cooperatively with the security personnel from the Times Square Hotel and will provide his personal telephone number to the security director of the hotel so that instant communication can be established if necessary
• Signage on the exterior of the premises will be muted, there will be no flashing lights and the only sign will be the name of the club

WHEREAS, Based on the above-enumerated steps agreed to by the applicant and based on the applicant's track record of working cooperatively with Community Board Five; therefore be it

RESOLVED, That Community Board Five recommends approval of the transfer of the liquor license from Club New York to Three Amigos SJL, Inc., located at 253 West 43rd Street.

The above resolution passed with a vote of 21 in favor, 4 opposed, 2 abstentions

WHEREAS, Molo Lounge, Inc., d/b/a “Sensa Restaurant” located at 676 Sixth Avenue,  (formerly known as “The Tomato Restaurant”) is requesting an on-premises liquor license; and

WHEREAS, The names of the principals are Anastassios Kaporis, Constantine Plagos, Costakis A. Constantinou, Emanuel Kanaris, Fotios S. Mihas and Nick Plagos; and

WHEREAS, Anastassios Kaporis and Costakis Constantinou are both restaurateurs who have been operating successful similar operations (24-hour diners with liquor licenses) at 79th Street and Broadway (Yorkville Restaurant), 23rd Street and Eighth Avenue (Venus Diner), 89th Street and Third Avenue (Stargate Diner), and 1580 Third Avenue (TDC Café Corp.); and

WHEREAS, The premises, which are approximately 2,500 square feet with an occupancy of less than 100 people and a basement for storage, etc., are to be operated as a diner with a Mediterranean flair; and

WHEREAS, The hours of operation are to be from 11a.m. to 11p.m. in the 1st phase (approx three months), and the owners will notify the Community Board prior to changing their hours to 24/7; and

WHEREAS, If approved, they will operate a sidewalk café but have agreed to close the café at 11 p.m. every night; and

WHEREAS, The owners understand that the community surrounding the premises has specific concerns regarding this and two other adjoining blocks (20th, 21st and 22nd Streets between Fifth and Sixth Avenues, which comprise CB 5’s liquor license “Moratorium” area) and therefore have agreed to and signed an affidavit with the following stipulations: The owners will:

RESOLVED, That Community Board Five recommends approval of the on-premises liquor license for Molo Lounge, Inc., d/b/a “Sensa Restaurant”, located at 676 Sixth Avenue, provided the attached stipulations are upheld; and be it further

RESOLVED, That Community Board Five respectfully requests of the State Liquor Authority that this affidavit be accepted, attached and considered a stipulation to the liquor license for these premises.

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

WHEREAS, The applicant, the owner of Osteria Del Circo, operates a restaurant at 1365 Sixth Avenue, aka 120 West 55th Street, which includes a 567 square foot open air café on the West 55th Street frontage; and

WHEREAS, The open air café requires a certification from the Department of City Planning because it is located next to Fisher Park and is in the Midtown Special District; and

WHEREAS, The certification was originally approved in 1996, renewed in 1999 and recertified in 2002, all with the approval of Community Board Five, and the Applicant is requesting a renewal of the certification with no changes; and

WHEREAS, The open air comprises no more than 19 movable tables with seating for 46 persons; and

WHEREAS, No complaints relating to the open air café have been received, and the applicant has maintained the open air café in an excellent manner; therefore be it

RESOLVED, That Community Board Five recommends approval of renewal of the certification for an open air cafe.

The above resolution passed with a vote of 25 in favor, 0 opposed, 1 abstention.

WHEREAS, The applicant, Central Parking, operates an attended garage located at 125-131 West 58th Street; and

WHEREAS, The garage, comprised of approximately 64 parking spaces, is an accessory to an existing multiple dwelling; and

WHEREAS, The operator of the garage had received a variance from the Board of Standards and Appeals in 1963 permitting the use of the excess spaces as transient parking, and an extension of term was granted in 1984 and 1994, all with the approval of Community Board Five; and

WHEREAS, The current extension of the term expired on May 14, 2004, and the Rules of Practice and Procedure of the Board of Standards and Appeals permit a renewal application to be timely made within two years of the expiration; and

WHEREAS, Community Board Five has consistently approved the variance and the extensions of term, and no complaints have been received concerning the garage; therefore be it

RESOLVED, That Community Board Five recommends approval of the waiver of the Rules of Practice and Procedure and extension of the term of the variance permitting continuing use of transient parking for the unused tenant spaces.

The above resolution passed with a vote of 25 in favor, 0 opposed, 1 abstention.