WHEREAS, The issue of marriage equality for same sex couples has come to the forefront recently in New York City as well as in the national consciousness; and

WHEREAS, Community Board Five has supported marriage equality for same-sex couples per a resolution passed on July 11, 2002; and

WHEREAS, In March 2004, five lesbian and gay couples sued City Clerk, Victor Robles, for denying them marriage licenses in New York City.  They moved for judgment declaring that under NY State Constitution, they are entitled to treatment equal to that of opposite-sex couples with regard to issuance of marriage licenses and access to civil marriage; and

WHEREAS, On February 4, 2005, New York State Supreme Court Justice Doris Ling-Cohan declared that same-sex marriages does not violate New York State Constitution's Domestic Relations Law, instead ruling that the statute, by implicitly permitting only heterosexual marriage, violates the Due Process and Equal Protection clauses of the state Constitution; and

WHEREAS, As on February 7, 2005, Mayor Bloomberg announced his decision to appeal Judge Doris Ling-Cohan's ruling stating that this decision should rest with the state's highest court, the Court of Appeals, in order for the City to avoid what occurred in San Francisco, where Mayor Gavin Newsom issued marriage licenses to same-sex couples only to be later nullified by California State Supreme Court; and

WHEREAS, Mayor Bloomberg states that he personally supports same-sex marriage in the news media, however his administration's 75 page legal brief issued on February 8, 2005, contradicts his public support; and

WHEREAS, The Bloomberg administration's brief quotes an earlier New York State Supreme Court decision defining "the institution of marriage as the union of man and woman . . . a tradition as old as the Book of Genesis," and that, "There is no deeply rooted history or tradition of same-sex marriage in either this country or this state;" and

WHEREAS, Civil marriage is a basic human right as well as a private and public commitment of love and support by adult couples; and

WHEREAS, The choice of whether or not to civilly marry is a personal decision in our society; and

WHEREAS, Civil marriage provides a gateway to hundreds of protections, responsibilities, and benefits established by New York State and to more than one thousand on the Federal level.  Some of these include:

• Owning property by the entireties

• Filing joint state income tax returns

• Obtaining health insurance through a partner's coverage

• Obtaining joint liability or homeowner's insurance

• Collecting from a partner's pension benefits

• Having one partner of a 2 woman couple be the legal parent of the other's artificially inseminated child without the expense of an adoption proceeding

• Invoking spousal evidentiary privilege

• Recovering damages for an injury to, or the wrongful death of, a partner

• Having the right to make important medical decisions for a partner in emergencies

• Inheriting from a deceased partner's intestate estate

• Determining a partner's funeral and burial arrangements; and

WHEREAS, No state law or constitutional amendment exists that defines marriage between a man and woman; and

 WHEREAS, According to the City Bar Association of NY, the state's domestic relations law makes no mention of a couple's sex and thus should be interpreted to include same-sex couples; and

WHEREAS, The New York Post published an article quoting a Quinnipiac Poll that 51% of New York City voters were in favor of civil marriage rights for same-sex couples; and

WHEREAS, New York State Assemblyman Dick Gottfried and State Senator Tom Duane introduced bills in the Assembly and State Senate in the previous legislative session that would have:

• Validated a marriage between same sex parties

• Provided that a marriage that is otherwise valid shall be valid regardless of whether the parties to the marriage are of the same or different sex

• Made appropriate gender neutral corrections to the section of the domestic relations law granting authority to the town or city clerk to accept an application for a marriage license; and therefore be it

RESOLVED, That Community Board Five strongly urges the Court of Appeals to recognize same sex couples and their families and to enable New York State and New York City to begin issuing marriage licenses; and be it further

RESOLVED, That Community Board Five strongly supports New York State Assemblyman Dick Gottfried's and State Senator Tom Duane's plans to reintroduce these bills and urges them to do so as soon as possible.

WHEREAS, A request was made by JRK Roger Williams LLC to install buried sidewalk luminaries along East 31st Street and Madison Avenue, and

WHEREAS, The proposed installation is for low temperature in-grade recess floodlights buried within the sidewalk; and

WHEREAS, The lights will be against the façade of the building and in no way affect pedestrians; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application for sidewalk luminaries at 131 Madison Avenue.

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

WHEREAS, A request was made by 1 Times Square Development, LLC for the installation of bollards at 7 Times Square; and

WHEREAS, The proposed request is for (63) 32" high x 32" diameter concrete type 1 globe bollards and (37) 24" wide, 34" long and 32" high type 2 sundial bollards surface mounted on the sidewalk; and

WHEREAS, The bollards will conform to the weight and ventilation requirements of the New York City Transit Authority and will not impede pedestrian flow; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for the installation of security bollards at 7 Times Square.

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

WHEREAS, Community Board Five has received the following applications for street festivals:

• Gramercy Park Block Association, on Park Avenue South, bet. 17th & 23rd Streets,  Saturday, October 8

• American Diabetes Assoc., on Avenue of the Americas, bet. 42nd & 56th Streets, Saturday, November 5

• Cathedral of St. Patrick's Archdiocese of NY, on Madison Avenue, bet. 42nd & 56th Streets, Sunday, November 13

• Avenue of the Americas Assoc., on Avenue of the Americas, bet. 42nd & 56th Streets, Sunday, August 7

• Brazilian American Cultural Center, Inc., on Avenue of the Americas, bet. 42nd & 56th Streets & 46th Street, bet. 5th and 8th Avenues, Sunday, September 4

• Global Role Models, Inc., on Avenue of the Americas, bet. 42nd & 56th Streets, Sunday, October 16

• Mid-Town South Police Community Council, on 6th Avenue, bet. 34th & 42nd Streets, Sunday, November 6

• Congress of Racial Equality, on 7th Avenue, bet. 47th & 57th Streets, Saturday, August 6

• Big Apple Performing Arts, on 7th Avenue, bet. 47th & 57th Streets, Sunday, September 11

• The alliance of Guardian Angels, Inc., on 7th Avenue, bet. 47th & 57th Streets, Saturday, September 24

• Holy Innocents, on 7th Avenue, bet. 47th & 57th Streets on Sunday, October 30

• Midtown North Precinct Community Council, on 8th Avenue, bet. 42nd & 57th Streets, Saturday, October 15

• Muslim Foundation of America, Inc., on Madison Avenue, bet. 23rd to 41st Street, Sunday, September 25

• Times Square Alliance, concert on Broadway and 7th Avenue, between 43rd and 48th Streets, on Sunday, September 18

• Church of Scientology, on 46th Street, bet. 7th and 8th Avenues, Saturday, July 2; and

WHEREAS, The following applicants have agreed to amend their application from 57th Street to 56th Street and from 59th Street to 57th Street:

• American Diabetes Assoc., on Avenue of the Americas, bet. 42nd & 56th Streets, Saturday, November 5

• Cathedral of St. Patrick's Archdiocese of NY, on Madison Avenue, bet. 42nd & 56th Streets, Sunday, November 13

• Avenue of the Americas Assoc., on Avenue of the Americas, bet. 42nd & 56th Streets, Sunday, August 7

• Congress of Racial Equality, on 7th Avenue, bet. 47th & 57th Streets, Saturday, August 6

• Big Apple Performing Arts, on 7th Avenue, bet. 47th & 57th Streets, Sunday, September 11

• The alliance of Guardian Angels, Inc., on 7th Avenue, bet. 47th & 57th Streets, Saturday, September 24

• Holy Innocents, on 7th Avenue, bet. 47th & 57th Streets on Sunday, October 30; and

WHEREAS, These events are held every year without incident; and

WHEREAS, The applicants have agreed to abide by Community Board Five's Street Activity Guidelines; and

WHEREAS, Community Board Five requests that the sponsors and producers of the events screen for and do not allow vendors to sell counterfeit goods; therefore be it

RESOLVED, That Community Board Five recommends approval of the above referenced applications.

WHEREAS, The St. Bartholomew’s Church has applied for a permit to hold a street festival on October 1, 2005, on Park Avenue, between 47th and 57th Streets; and

WHEREAS, Community Board Five is concerned about traffic in this area, and these problems multiply when this major thoroughfare is closed; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by St. Bartholomew’s Church to hold a street festival on Park Avenue, and urges the Street Activity Permit Office to work with the applicant to find a more suitable and less used location.

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

WHEREAS, The Ancient Order of Hibernians has applied for a permit to hold a street festival on September 17, 2005, on Avenue of the Americas, between 42nd and 56th Streets; and

WHEREAS, Community Board Five had repeatedly requested that the applicant provide documentation of a non-discrimination policy on official organizational letterhead; and

WHEREAS, The applicant has refused to submit such documentation; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by Ancient Order of Hibernians for a street activity on September 17, 2005, based on the lack of the above documentation.

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

WHEREAS, The Manhattan Republican Club has applied for a special permit to hold a street festival on Park Avenue South, between 17th and 23rd Streets on Saturday, October 29, 2005; and

WHEREAS, This event was held for the last four years without incident; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by The Manhattan Republican Club to hold a street festival.

The above resolution passed with a vote of 22 in favor, 5 opposed, 1 abstention.   

WHEREAS, Madison Square Park Conservancy has applied for a special event permit to hold a community fundraiser Park Party at the southern end near the Shake Shack in Madison Square Park on Tuesday, July 12, 2005; and

WHEREAS, The event will begin at 5:30p.m., ending at 8:00 p.m., with set-up at 12:00p.m. and clean-up at 10:00p.m; and

WHEREAS, There will be an admission charged of $100 per ticket, T-shirts will also be sold and all funds will go to the coalition for the park; and

WHEREAS, Food and beverages will be provided by six to eight area restaurants; and

WHEREAS, There will be music for entertainment; therefore be it

RESOLVED, given the high price of admission, Community Board Five recommends approval of a special event permit for the Madison Square Park Conservancy to hold a Park Party for one time only trial basis. 

The above resolution passed with a vote of 26 in favor, 2 opposed, 1 abstention.    

WHEREAS, The Marlborough Gallery proposes to install a sculpture titled “Horizontal Wedge and Split Ritual” on the Park Avenue mall between 52 and 53 streets; and

WHEREAS, The 3-part, 14 foot tall, rust-red metal sculpture is by the internationally acclaimed artist Beverly Pepper; and

WHEREAS, The Marlborough Gallery has installed many sculptures on the mall and has always paid for all installation and de-installation costs, including repairs to the lawn; 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 Marlborough Gallery to install the sculpture “Horizontal Wedge and Split Ritual”.

WHEREAS, Mae Revell has applied for a special events permit for Saturday, August 13, 2005; and

WHEREAS, The set-up, maintenance, event and clean-up will begin at 1:00pm and end no later than 7:00p.m; and

WHEREAS, Mae Revell will have amplified sound of her vocals, a keyboard, drums and bass; and

WHEREAS, The performance will be situated between the statues; and

WHEREAS, There will be no solicitation of donations, sales of any items nor interference with the TKTS booth operations; therefore be it

RESOLVED, Parks Committee Five recommends approval of the application by Mae Revell for a musical performance event in Duffy Square for Saturday, August 13, 2005.

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

 WHEREAS, American Kennel Club has applied for a special events permit for Saturday, September 17, 2005; and

WHEREAS, The set-up, maintenance and clean-up will begin at 9 a.m. and end no later than 5 p.m.; and

WHEREAS, AKC will have demonstrations and contests for obedience and good citizenship while promoting responsibility; and

WHEREAS, A mobile vet truck will be on 5th avenue providing free microchiping; and

WHEREAS, There will be tables promoting local pet-friendly businesses, dog clubs and tips; and

WHEREAS, The event will be located along the west side of the park near the dog run and graveled area with an anticipated 200 attendees; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by the American Kennel Club for responsible dog ownership event in Madison Square Park for September 17, 2005.

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

WHEREAS, The City of New York Parks & Recreation Department/Madison Square Park Conservancy has requested the approval of a temporary art project for Madison Square park from May 1st through the end of August 2005; and

WHEREAS, The proposed project will consist of two sculptures by Sol Lewitt, specific locations as follows:

WHEREAS, The sculptures will be made of concrete, thereby making the sculptures stable and immobile; and

WHEREAS, The City of New York Parks & Recreation Department will require Sol Lewitt to restore the park grounds upon completion of the project; and

WHEREAS, Installation of the project will abide by rules of the Department of Transportation; therefore be it  

RESOLVED, That Community Board Five recommends approval of Sol Lewitt’s temporary public art project from May through end of August 2005.

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

WHEREAS, This is the remnant of a four-story row house built in 1850, converted to commercial use in 1900 to1950, in 1960, fire destroyed the top two floors, and, since 1982, housing the Andrews Coffee Shop; and

WHEREAS, Apple Computers, the applicant, seeks to remove the existing two-story cladding of the building, replacing it with a grey limestone (Pietra Serena) facade above the storefront, and extending it above the current roof top and surrounding it with a 1/2 inch reveal; and

WHEREAS, The current 18 inch bulkhead will be removed to accommodate a 10 foot high glass storefront, recessed 7 1/2 inches from the building line, but flush with the sidewalk; and

WHEREAS, An internally illuminated white Apple logo will be placed in the center of the new store facade, as the sole identifying signage; and

 WHEREAS, This design is not sympathetic to the historic district; therefore be it

 RESOLVED, That Manhattan Community Board Five does not approve the application for a Certificate of Appropriateness for 136 Fifth Avenue.

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

WHEREAS, Intel Management and Investment, Inc. is applying for a certificate of appropriateness to convert 32 West 18th Street, a 1908 building, from commercial to residential use for the 2nd to the 12th floors and to make renovations; and

WHEREAS, The renovations include  moving the rooftop elevator bulkhead away from the front of the building, which would make it minimally visible from the street, replacing aluminum windows on street and rear sides with double-hung, wood windows that match the size of the original windows; and

WHEREAS, The applicant will clean the decorative elements and the round piers from the facade of the upper floors down to the three bay street-level windows, as well as adding two lamps to illuminate the ground floor, and cleaning and making needed adjustments such as to the back of the building; and

WHEREAS,  The windows on the east side of the building will be closed as they are lot line windows and would be blocked by a new building of equal size; and

WHEREAS, In order to create a rooftop recreation area, which is required by law, the water tank, which is not currently visible from the street, will be removed; and  

WHERAS, The owners will change the design of the doors at the entrances of the building to make it more symmetrical; and

WHEREAS, The renovations are in keeping with the original style of the building, and with neighboring buildings; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for Certificate of Appropriateness for 32 West 18th Street.

WHEREAS, The Bethesda Terrace Arcade is located mid-park along the 72nd Street Cross Drive and is part of the larger Bethesda Terrace, completed in 1869 by Olmstead and Vaux and is  considered the architectural centerpiece of the park; and

WHEREAS, The richly decorated Arcade, with walls ornately carved in New Brunswick   sandstone, is consistent with the sandstone detailing found throughout the entire Bethesda  Terrace; and

WHEREAS, The ceiling of the Arcade was decorated with beautiful encaustic tile panels, made by the Minton  Company in England, which deteriorated during the years and  suffered extreme water damage; and

WHEREAS, Now with grants to complete restoration, the following work will be done:

• conservation of the historic tiles preserving as many originals as possible

• manufacture replacement for damaged or missing encaustic tiles

• restore original cast iron suspended ceiling and wrought iron girders

• engineer additional structural support

• replace pavement, site damage and curbs for roadway deck and upper terrace to push surface water away from Arcade structure

• replace l980's era square cast concrete and glass block skylight with circular cast iron and glass skylight

• replace l980's era steel bollards with cast iron bollards to further protect terrace from traffic

• re-water-proof roof of Arcade structure to prevent water infiltration

• remove brick arches to relieve structure of unnecessary loading; therefore be it

RESOLVED, That Community Board Five recommends approval and strongly supports the Restoration of the Bethesda Terrace, Arcade and Ceiling in Central Park and looks forward to seeing the magnificent Minton Tiles back in their rightful place in the ceiling of the Arcade.

Application for Certificate of Appropriateness:

WHEREAS, The applicant's property is the world-renowned  Plaza Hotel, an Individual Landmark designated in 1969, designed by Henry J. Hardenbergh (architect of the Dakota Apartments) in the Beaux-Arts/French

Renaissance/Edwardian style and built in 1905-07, with an addition along 58th Street, designed by Warren and Wetmore (architects of Grand Central Terminal) and built in 1921; and

WHEREAS, The applicant proposes a number of exterior alterations such as:

• replacing the rooftop mechanical equipment.

• adding an acoustical screen at the interior courtyard which the applicant informed us will be partially visible from 58th Street (a mock-up of which was requested but not put up).

• infilling a portion of the courtyard above the Palm Court ceiling.

• increasing window sizes in the courtyard.

• introducing windows in the courtyard in the place of an abandoned flue according to the applicant (some of which will be partially visible from 58th Street).

• installing an additional loading dock on 58th Street adjacent to the original loading dock next to the site of the oyster bar, thereby injuring the original fabric of the landmark, and unnecessary if there is not additional retail in the hotel.

• installing doors along 58th street, presumably for a new hotel entrance.

• adding a new wheelchair accessible entrance adjacent to the Fifth Avenue (Grand Army Plaza) entrance, north of the marquee, which will not be needed unless there is additional retail in the hotel. There are two accessible entrances already there, one on 59th Street and the other on 58th Street.

• installing large glass door enclosures at the flat roof portions of the Turrets, work for which a mock-up was requested, but not provided.

WHEREAS, A permit issued to Trump in 1991, remains valid for there were no time limits on permits issued at that time. The permit allows the new owner of the Plaza Hotel to make numerous changes to the façade, such as new mansard penthouse windows, changes to the roof, etc.

WHEREAS, Approval of the above work is based partially on mock-ups requested and not put up showing the visibility of façade additions; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for Certificate of Appropriateness since most of these changes are unnecessary and will detract from the historic quality of this world famous Plaza Hotel.

A request for a report for a special permit from City Planning Commission pursuant to Zoning Resolution 74-711 to permit additional retail space

WHEREAS, The applicant's property is the world-renowned  Plaza Hotel, an Individual Landmark designated in 1969, designed by Henry J. Hardenbergh (architect of the Dakota Apartments) in the Beaux-Arts/French Renaissance/Edwardian style and built in 1905-07, with an addition along 58th Street, designed by Warren and Wetmore (architects of Grand Central Terminal) and built in 1921; and

WHEREAS, The applicant proposes a number of preservation plan items to be performed on the Plaza's exterior in exchange for a report for a special permit from City Planning Commission pursuant to Zoning Resolution 74-711 to permit additional retail space in an R10-H (Hotel) district; and

WHEREAS, The approval or denial of the proposed work has no bearing on the approval or denial for the 74-711 Land Use and Zoning portion of the application, which will be heard separately at a later date; and

WHEREAS, The proposed work of the preservation plan consists of the following:

• restore the copper and ceramic tile at the roof and roof dormers, etc.

• restore the terra cotta and brick at the shaft of the building above the base

• restore the marble at the base of the building

• restore the metal windows

• restore the metal and glass canopies (the Fifth Avenue canopy has already been restored); and

WHEREAS, The preservation plan items listed seem like they might be items performed under normal maintenance circumstances for a world class landmark hotel; and

WHEREAS, Allowing a change of use from hotel (R10-H) to retail (C5-2.5) would have a serious impact on the interior architecture and design of the historically significant spaces of this world renowned historic individual landmark;  and

WHEREAS, The significant interior spaces include:

• The Palm Court

• The Terrace Room

• The Oak Room

• The Oak Bar

• The Edwardian Room

• The 59th Street Lobby

• The Fifth Avenue Lobby

• The Rose Room

• The Grand Ballroom

• The Baroque Room

• The Vanderbilt Suite

• The Cecil Beaton Suite

• The Frank Lloyd Wright Suite;  and

WHEREAS, The present plan seems to seriously damage the interiors of the existing Terrace Room and possibly the Palm Court, with the introduction of escalators; and

WHEREAS, The introduction of retail uses into a much larger area of the landmarked and beloved Hotel creates a concern for the appropriateness of the historic architectural interior spaces; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for a request for a report for a special permit from City Planning Commission pursuant to Zoning Resolution 74-711 to permit additional retail space, unless the significant interior spaces are landmarked and therefore protected; and be it further

RESOLVED, That Community Board Five urges the Landmarks Preservation Commission to consider Landmark designation to the above listed rooms as interior landmarks.

WHEREAS, The applicants and owners (Thessabul LLC), Danielle Billera, Matthew Johnson and Simon Oren, have applied for an on-premises liquor license at 250 Park Avenue South (formerly "Patria" Restaurant); and

WHEREAS, The applicants plan to open "Taverna Park," a new Greek concept full-service restaurant totaling approximately 3,150 square feet (including the basement), with a certificate of occupancy of 170; and

WHEREAS, The Board is sensitive to the needs and concerns of both resident and business owners in this area and therefore asked for the following conditions to be agreed to by the applicants:

• limit the restaurant's capacity to 170

• use the basement only for storage

• not have French doors or windows that open onto the street

• not apply for a sidewalk café

• not sell their premises without first notifying the Community Board; if the premises are to be sold, the buyers will submit themselves to the Board for approval – such action/application shall be treated as a new entity; and

WHEREAS, the applicants would not agree to the above stipulations; therefore be it

RESOLVED, That Community Board Five recommends denial of the on-premises liquor license for Thessabul LLC, d/b/a "Taverna Park," located at 250 Park Avenue South because the applicants would not agree to the conditions requested above.

WHEREAS, The building has 16 units (2 per floor), each 2,000 square feet in area, with retail spaces on the ground floor, and with four commercial units on floors 2, 3, 5, and 7; and

WHEREAS, In 1980, the Bureau of Standards and Appeals denied a variance to permit residential conversion, but under Plan C, in 1985, a Certificate of Occupancy was issued, converting twelve units in place prior to 1980 as residential, and four units remained commercial;  and

WHEREAS, There are significant security problems concerning access to the building as the keyed elevator opens directly into each unit; there is a single service door for all shareholders, and the freight elevator is only accessible through the basement, necessitating tenants to go the basement to operate it, creating a difficult situation for residential and commercial shareholders alike; and

WHEREAS, The four commercial users have indicated to the coop Board that they are willing to vacate their units; and

WHEREAS, There is no reasonable expectation of economic return to the cooperative if those units remain commercial, and the cooperative seeks to convert these spaces to residential units; and

WHEREAS, No other changes are planned for the building; there will be no significant change to the neighborhood by this conversion, and this is a minimum variance for relief to the shareholders, therefore be it

RESOLVED, That Community Board Five recommends approval of the Land Use Variance - Loft Conversion at 151 West 28th Street.

The above resolution passed with a vote of 22 in favor, 0 opposed, 2 abstentions.

WHEREAS, The Owner of the landmarked portion of Rockefeller Center desires to renovate and reopen the observation deck on top of 30 Rockefeller Plaza with a new entrance on 50th Street and, to that end, wishes to install illuminated informational kiosks directing people to the new entrance; and

WHEREAS, The Landmarks Preservation Commission issued a Certificate of Appropriateness on April 13, 2004 for the interior and exterior changes, including the installation of eight lighted information kiosks to be placed in front of the Channel Gardens, the International Building, the new entrance to the observation deck and on the Plaza; and

WHEREAS, ZR Section 32-60 does not currently permit the installation of illuminated signs in the zoning districts in which Rockefeller Center is located; and

WHEREAS, The proposed text amendment would allow, by certification of the Chairman of the City Planning Commission, the installation of illuminated signs on open space located within the Fifth Avenue Subdistrict, provided that (a) the zoning lot be occupied by a landmark building, (b) the Landmarks Preservation Commission shall have issued a Certificate of Appropriateness for the signs, (c) each sign does not exceed twelve square feet, and (d) the signs not project across a street line; and

WHEREAS, The Owner has determined that the only other places that might qualify to apply to install illuminated signs under the new language are Saint Patrick's Cathedral, Saint Thomas' Church and the New York Public Library; and

WHEREAS, Because of the limited number of locations potentially impacted by the text amendment and the high quality of the design and materials of the proposed illuminated kiosks; therefore be it

RESOLVED, That Community Board Five recommends approval of the text amendment to the ZR Section 81-14.

WHEREAS, New York City Block 1294, Lot 1 ("Subject Premises") occupies the full block bounded by Fifth Avenue, East 59th Street, Madison Avenue and East 58th Street; and

WHEREAS, The Applicant, Fifth Avenue 58/59 Acquisition Co. LLC seeks a zoning text amendment to eliminate the street wall and retail continuity requirements for the Fifth Avenue frontage of the Subject Premises imposed by the Special Midtown District and the Fifth Avenue Subdistrict; and

WHEREAS, The Fifth Avenue plaza is proposed to be completely redesigned with improved accessibility from Fifth Avenue, East 58th Street and East 59th Street and enhanced amenities including fixed seating, movable tables and chairs, reflecting pools, new landscaping and lighting will be added to the plaza; and

WHEREAS, A 405 square foot glass entry pavilion located approximately 25 feet east of the Fifth Avenue street line near the center of the Fifth Avenue plaza is proposed to provide access, light and air and a visual presence for the below grade retail space; and

WHEREAS, The street wall regulations of the Special District and the Subdistrict require that the street wall of any building within the Subdistrict with frontage on Fifth Avenue must be located within 10 feet of the street line and extend without setback from the Fifth Avenue street line for at least 90 percent of the entire length of the front lot line for a minimum height of 85 feet and a maximum height of 125 feet; and

WHEREAS, An elimination of the retail continuity and street wall requirements of the Special District and the Subdistrict is necessary in order to achieve the appropriate relationship between the glass entry pavilion and the renovated Fifth Avenue plaza; and

WHEREAS, Implied evidence of the special character of the block exists since 1973 and no properties other than the existing General Motors building are affected by the proposed zoning text change; and

WHEREAS, The applicant has solicited Community Board Five's Land Use and Zoning feedback throughout the process of improving the Subject Premises and the applicant received approval of a Chairperson's Certification for construction on the Madison Avenue portion of the Subject Premises; therefore be it

RESOLVED, That Manhattan Community Board Five recommends approval of the proposed zoning text change in application number N 050117 ZRM.

The above resolution passed with a vote of 22 in favor, 0 opposed 2 abstention, 1 present not entitled to vote.

WHEREAS, The Fashion Institute of Technology (FIT) has made an application to the New York City Department of Transportation (DOT) to permanently restrict 27th Street between Seventh and Eighth Avenues and proposes to implement a commons design to achieve a "campus" atmosphere; and

WHEREAS, The FIT proposal would close 27th Street to westbound traffic, restrict vehicular traffic westbound on the street for about 2/3 of the block between Seventh and Eighth Avenues to create a pedestrian plaza and make the western 1/3 of the block accessible to 2-way vehicular traffic from Eighth Avenue with a cul de sac for a turnaround; and

WHEREAS, FIT brought a similar proposal before Community Board 5 in July 2000 (see attached resolution) which was rejected by the board; and

WHEREAS, FIT is a major presence on 27th Street but shares the southwest end of the block with non-FIT buildings which have both business and residential use; and

WHEREAS, The Board held a public hearing where members of the community raised the following concerns about the project including:

• The safety of having two-way traffic on the western end of 27th Street;

• Vehicles double parking on the two-way street;

• The inability of large vehicles to turn around in the cul de sac;

• The loss of parking and changes in parking regulations; and

WHEREAS, Although FIT addressed some concerns raised by the Board in the July 2000 resolution and was open and accessible during the process it did not address other outstanding issues; and

WHEREAS, The Board continues to have concerns about the loss of more than 70 parking spaces throughout the year; and

WHEREAS, FIT continues to rely on a six year old traffic study which does not take into consideration the development of numerous new residential buildings in the area or the potential development on the far Westside; and

WHEREAS, FIT has not adequately addressed the safety concerns about two-way traffic on the western end of 27th Street; therefore be it

RESOLVED, That Community Board Five rejects the Fashion Institutes of Technology's proposal for a 27th Street Commons in its current form.