Resolutions: July 2009

WHEREAS, Applicant is the operator of Mustang Harry’s, located at 352 Seventh Avenue, and is applying for revocable consent for a new unenclosed sidewalk café with 6 tables and 12 seats; and

WHEREAS, the sidewalk in front of the premises is 20’ wide and the proposed sidewalk café is 5’2” wide, leaving an ample 14’10” of sidewalk space for pedestrian traffic in front of most of the premises and 10’4” between the boundary of the sidewalk café and a mailbox located in front of the premises; and

WHEREAS, the hours of operation of the proposed sidewalk café are 8:00 a.m. – midnight Monday through Thursday, 8:00am-1am Friday and Saturday, and noon to midnight on Sunday; and

WHEREAS, the location of the proposed sidewalk café is a commercial area, and there is little potential for negative impact on residents at that location, if any; and

WHEREAS, the minimal size of the proposed sidewalk café would have minor impact on pedestrian traffic; and

WHEREAS, Community Board Five believes that this is an appropriate location for a sidewalk café of this size and nature; therefore, be it

RESOLVED, Community Board Five recommends approval of a revocable consent for an unenclosed sidewalk café with 6 tables and 12 seats at 352 Seventh Avenue.

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

WHEREAS, the Brazilian Promotion Center wants to hold a cultural event on 46th Street between Madison and Fifth Avenues following a religious ceremony; and

WHEREAS, the Applicant is a cultural institution resident in Community Board Five and located a block from the proposed site; and

WHEREAS, approximately 400 participants are expected at the event; and

WHEREAS, the event will have 3 food vendors and 2 other vendors of Brazilian merchandise; and

WHEREAS; the event is to be held from 10:00 a.m. to 6:00 p.m., with set up beginning no earlier than 8:00 a.m. and breakdown completed no later than 7:00 p.m.; and

WHEREAS, there will be Brazilian musical and dancing performances and celebration of Brazilian culture; and

WHEREAS, the street on which the event will take place is in “Little Brazil” and is a commercial street, with no residential buildings to impact; and

WHEREAS, the Applicant will have 10 volunteers providing security at the event and 20 volunteers performing sanitation during the event at the event location and on surrounding streets; and

WHEREAS, the Applicant has agreed to contact the police precinct and the Department of Sanitation to coordinate with those agencies; and

WHEREAS, the event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, that Community Board Five recommends approval of a block party on 46th Street, between Madison and 5th Avenues, on Saturday, September 5, 2009.

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

WHEREAS, The applicant is proposing a newsstand on the NWC of West 48th Street and 7th Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow, near the heart of Times Square and the theater district; 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 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 Five 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; and

WHEREAS, Community Board Five takes its role in the review of applications for newsstands seriously and requests an opportunity to review the applications before consent is granted by the Department of Consumer Affairs; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Consents and Variances meeting on June 29, 2009 to present their application for review; and

WHEREAS, Although any questions that the Committee might have regarding the application could not be addressed since the applicant failed to appear, applicant’s absence did not have an effect on our deliberations and the same conclusion would have been made had applicant been present; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC of West 48th Street and 7th 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 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the NWC of West 57th Street and 7th Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow, diagonally across the street from Carnegie Hall and near a very congested intersection; 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 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 Five 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, and therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC of West 57th Street and 7th 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 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the SEC of West 51st Street and 7th Avenue, and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow, near the heart of Times Square and the theater district and within one block of at least one other existing newsstand; 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 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 Five 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; and

WHEREAS, Community Board Five takes its role in the review of applications for newsstands seriously and requests an opportunity to review the applications before consent is granted by the Department of Consumer Affairs; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Consents and Variances meeting on June 29, 2009 to present their application for review; and

WHEREAS, Although any questions that the Committee might have regarding the application could not be addressed since the applicant failed to appear, applicant’s absence did not have an effect on our deliberations and the same conclusion would have been made had applicant been present; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the SEC of West 51st Street and 7th 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 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant is proposing a newsstand on the SWC of West 34th Street and Broadway, and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow, in front of the Manhattan Mall and in a very congested intersection; 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 in front of Manhattan Mall, 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 Manhattan Mall has more than 3 floors of retail space; and

WHEREAS, Community Board Five 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 Five 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 West 34th 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, 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 35 in favor; 0 opposed; 1 abstaining.

WHEREAS, the Applicant is the NY Motor Club, a New York corporation; and

WHEREAS, the car show, to be entitled “Exotics on the Square” is a free car show showcasing exotic cars where the public can participate in the show by seeing an assortment of exotic cars; and

WHEREAS, the event will be held in the new pedestrian plazas in an area recommended by the Times Square Alliance; and

WHEREAS, the event will be a fundraiser for Big Brothers Big Sisters of NYC and participants and the public will be encouraged to make donations at the event;

WHEREAS, there will be no food, and no outside vendors, no stage and no amplified sound; and

WHEREAS, the event is to be held from 6:00 p.m. to midnight, with set up beginning at 5:00 p.m. and breakdown completed no later than 1:00 a.m.; and

WHEREAS, the event has been thoroughly thought out, planned and presented and is expected to be run in a similarly effective manner; therefore be it

RESOLVED, that Community Board 5 recommends approval of the NY Motor Club, application to hold a car show on Broadway between 42nd and 44th Streets on Saturday, August 22nd.

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

WHEREAS, The applicant, the Turkish Cultural Center, has applied for a permit to hold a street festival on 41st Street between 6th and Broadway on Sunday, October 4th, 2009; and

WHEREAS, the street festival will be a Turkish cultural event, presenting various aspects of Turkish culture; and

WHEREAS, There will be 15 food vendors, 15 arts and crafts vendors, 15 merchandise vendors, and 5 miscellaneous vendors; and

WHEREAS, The event is to be held from 9am to 6pm, with set up beginning no earlier than 8am and breakdown completed no later than 7pm; and

WHEREAS, There will be no stage or amplified music and the street on which the event will take place is commercial, with no residential buildings to impact; and

WHEREAS, The applicant has made arrangements for private security and sanitation staff and will be contacting both the NYPD precinct and the Department of Sanitation; therefore be it

RESOLVED, That Community Board Five recommends approval of the Turkish Cultural Center, application to hold a street festival on 41st Street, between 6th and Broadway, on Sunday, October 4th, 2009.

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

WHEREAS, In 2001 the City Council rezoned the northern portion of the Bellevue campus from E.28th to E.30th Streets restricting building uses to scientific research and development; and

WHEREAS, The 197(a) plan approved by the City Council specifies that development in  the First Avenue medical corridor defined in the plan must be related to medical, scientific or institutional uses; and 

WHEREAS, A Request for Proposals (RFP) for the redevelopment of the Psych Building included  the redevelopment of the building as a hotel and conference center  but did not include requests for any other possible medical-related uses (e.g. housing for professional medical staff, medical professional offices, skilled nursing facilities, hospice care); and 

WHEREAS, There is a lack of high quality skilled nursing, sub acute care and hospice facilities in Manhattan and especially within the area directly near Bellevue Hospital; and

WHEREAS, The City's proposal for a hotel and conference center is opposed by a large number of Manhattan civic groups and political organizations, as well as the entire delegation of East Side elected representatives, the NYC Comptroller, the Manhattan Borough president, the former NYC Public Advocate, the chairs of the New York State Assembly and Senate Health Committees, and the chair of the Assembly Social Service Committee; and

WHEREAS, In April 2009 Community Board Six unanimously passed a resolution strongly urging the HHC and the NYCEDC to develop the Psych Building consistent with their 197 (a) plan approved for this area and requesting proposals for medically related uses such as a sub-acute facility (e.g. a skilled nursing facility with sub-acute rehabilitation services to complement the acute services available at Rusk Institute); therefore, be it 

RESOLVED, Community Board Five, which is within the catchment area for Bellevue Hospital and is represented on the Bellevue Hospital Advisory Board, supports a more specifically medically-related use for the redevelopment of the Bellevue Psychiatric Hospital Building and requests that any RFP include a provision for medically-related uses.

The above resolution passed with a vote of 27 in favor, 4 opposed, 2 abstaining.

WHEREAS, 33 West 19th Street is a six story commercial loft building located in the Ladies' Mile Historic District, built in 1903 to the designs of the architect, H. Waring Howard, extending through the block to 28 West 20th Street; and

WHEREAS, The building is in a C6-4A zone and "as of right" could support a five story addition without obtaining a Special Permit if it were not within a designated Landmark District; and

WHEREAS, The owner is applying to the LPC for approval of such an addition which would increase the bulk of the building to almost double its size, claiming that the 50 foot building frontage and height of nearby buildings would justify such a large, visible vertical expansion; and

WHEREAS, The owner's Architectural Historian consultant conceded that such an approval would constitute a "heavy lift" on the part of LPC which generally discourages rooftop additions visible from the public way, even requiring rooftop mock-ups to be built to determine the visual impact; and

WHEREAS, Although the steel mesh and glass design of the proposed rooftop addition is both appealing and imposing, it nevertheless is not harmonious with the historic character of the existing masonry building and the nearby buildings in the Historic District; and

WHEREAS, As innovative as the design may be, approval by LPC would be the wrong signal for owners of other buildings in the Historic District by becoming a precedent for other possible highly visible rooftop additions; and

WHEREAS, If LPC permits similar additions to be built, the jagged, sawtooth  rooftop streetscape appearance of Ladies Mile would be changed to the detriment of the entire District; and

WHEREAS, the owner is also proposing restoration of storefront infill, based on historically appropriate designs, but this will be handled by LPC Staff and will not be the subject of a formal hearing; therefore, be it

RESOLVED, Community Board Five recommends denial of the application for a Certificate of Appropriateness for 33 West 19th Street, for a rooftop addition.

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

WHEREAS, The applicant has applied to the Landmarks Preservation Commission for a Certificate of Appropriateness to install a flagpole at 230 Fifth Avenue in the Madison Square North Historic District; and 

WHEREAS, The application involves a twenty-story Beaux Arts style office building known as the Victoria Building designed by Schwartz & Gross and built in 1912-15; and

WHEREAS, While the building has street frontages on Fifth Avenue, West 27th Street and Broadway, the application concerns only the Fifth Avenue façade; and

WHEREAS, At the time of the designation of the Madison Square North Historic District in 2001, the storefronts of the building were non-historic; and

WHEREAS, While there was no flagpole on the original façade or at the time of designation, the applicant provided a photograph indicating that a flagpole displaying the United States flag was present on the building in the 1980s; and

WHEREAS, A visual inspection of the building showed filled-in pinholes in the limestone façade in the location of the former flagpole bracket and an existing flag tie below; and

WHEREAS, The applicant proposes to reinstall a 10 foot satin brass finish outrigger flagpole (with no side arms) at a 45 degree angle in the location of the former bracket using the existing pinholes and does not intend to make any additional insertions into the facade; and

WHEREAS, The applicant intends to permanently display a 4 foot by 8 foot United States flag from a 10 foot satin brass flagpole at a 45 degree angle; and

WHEREAS, The applicant proposes to install a discrete solar light fixture directly onto the flagpole so that no wiring or conduit will be required and the fixture will not disturb the facade; and

WHEREAS, Although there is no historic precedent for such a light fixture, the applicant has proposed the fixture in order to comply with the United States Flag Code, which states that although "it is the universal custom to display the flag only from sunrise to sunset . . . when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness" (4 USC § 6); therefore, be it

RESOLVED, Community Board Five recommends approval of the application for a Certificate of Appropriateness to install a flagpole at 230 Fifth Avenue with the strict provision that only the United States flag will be flown.

The above resolution passed by a vote of 34 in favor; 0 opposed; 2 abstaining.

WHEREAS, 240 Central Park South, located on Central Park South, Broadway and 58th Street, was built in 1941 to include 321 apartments and consists of two separate towers connected by a one story lobby and Broadway-facing storefronts; and

WHEREAS, It is considered the first Manhattan apartment building to make extensive use of balconies; and

WHEREAS, It is considered the last example of the courtyard apartment buildings of that period of apartment construction; and

WHEREAS, 240 Central Park South was given landmark designation in 2002; and

WHEREAS, The applicant is requesting to install awnings and lighting on the Central Park South facade as well as facing the entry courtyard of the building; and

WHEREAS, The installation is being undertaken by the tenant occupying a ground floor restaurant space for a restaurant called Marea; and

WHEREAS, The New York City Landmarks Preservation Commission (“LPC”) advised Community Board Five that there will be a public hearing regarding the requested installation; and

WHEREAS, The tenant installed all of the elements included in its application approximately six weeks prior to presentation to Community Board Five and prior to obtaining LPC approval; and

WHEREAS, The design and color and all details of the proposed installation have not been previously been brought before Community Board Five or LPC for comment or approval and are substantially different from the design and color of the building’s main entrance canopy; and

WHEREAS, The requested work is deemed to be inappropriate (if not illegal); therefore, be it

RESOLVED, Community Board Five recommends denial of the application to install awnings in front of the restaurant space at 240 Central Park South.

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

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, 1 present but not entitled to vote.

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, Bricka Bracka has submitted an application seeking permission to conduct a special event in the South Plaza of Union Square Park on Friday August 14, 2009 between the hours of 4:00 PM and 6:00 PM; and

WHEREAS, The event consists of a performance artist who will be painting on canvas and on jeans, while recorded music plays in the background; and

WHEREAS, As there is a requirement for amplified sound, the applicant is expected to obtain the necessary permits; and

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

WHEREAS, Although the proposed event is scheduled for a Green Market day, the activities do not require a large amount of space, duration is brief and may offer some public benefit; therefore, be it

RESOLVED, That Community Board 5 recommends approval of the application by Bricka Bracka to conduct a special event in Union Square Park on Friday August 14, 2009.

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

WHEREAS, In February 2006, Community Board Five (CB5) passed the attached resolution regarding the redesign of the northern end of Union Square Park; and

WHEREAS, Community Board Five has not taken a position on the future use of the pavilion and has been awaiting a draft Request For Proposal (RFP) for use of the pavilion in order to develop and submit our recommendations to the Parks Department; and

WHEREAS, We have been continually reassured by the Parks Department that the Board will have this opportunity; and

WHEREAS, The renovation of Union Square North and full restoration of the pavilion was not and is not contingent on a concessionaire; and

WHEREAS, Many in the community continue to remain opposed to a seasonal food concession with high prices and limited access, and CB5 has encouraged the Parks Department to pursue funding from elected officials, the State and alternate sources in lieu of a seasonal café;

WHEREAS, Any concession goes through an RFP review process and in 2006, the Parks Department assured the Board an opportunity to opine on the draft RFP prior to its release, as was done in that case of the Madison Square Park Food Kiosk; and

WHEREAS, In the last two months, members of the public, elected officials and community board members have all been afforded the opportunity to discuss, ask questions and comment on the pavilion restoration – one meeting was devoted almost entirely to discussion of this subject – to assure that our position and comments have not changed; therefore be it

RESOLVED, That Community Board Five strongly urges the Parks Department to abide by assurances made to CB5, that the Board is given an opportunity to opine on the draft RFP prior to its release; and be it further

RESOLVED, Community Board Five again recommends that the RFP should not be limited to restaurateurs and strongly urges the Parks Department to include in the RFP, opportunities for other organizations, such as cultural institutions, community groups, etc. to submit proposals for the pavilion; and be it further

RESOLVED, That even though this resolution and the attached February 2006 resolution are indications of CB5’s initial and present concerns regarding the RFP, we reserve the right to comment after the RFP has been released.

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

WHEREAS, The Central Park Conservancy has proposed to reconstruct the playground located in Central Park near Fifth Avenue at 76th Street, known as the East 76th Street Playground; and

WHEREAS, The East 76th Street Playground, established in 1935 as one of the twenty-one playgrounds located in Central Park originally consisted of a fenced, paved space with free-standing equipment; and

WHEREAS, There have been previous modifications to this playground:

WHEREAS, Funding is now available to address universal design requirements and current safety standards, and to enhance the play value for contemporary users; and

WHEREAS, In order to provide a more ADA compliant playground, the site will be re-graded to provide more accessible routes throughout the playground, and existing toddler swings will be replaced with new ADA-accessible equipment; and

WHEREAS, New play equipment for toddlers will be added to at the north end of the playground, where currently there is none; and

WHEREAS, In order to address safety concerns, the applicant proposes to remove the water spray activity from its current location on the top step of the Sophie Loeb Fountain and to relocate this to a new at-grade area within the playground; and

WHEREAS, The applicant proposes to modify the existing sandbox by removing the steps on either side and creating a seat wall flanked by ramps with handrails that mirror the elevated play area at the opposite end of the playground; and

WHEREAS, The applicant proposes to restore steps at the fountain to their original condition, and enhance perimeter plantings, and the planting islands within the playground; and

WHEREAS, Community Board Five believes that the proposed modifications and upgrades are beneficial both to users of the East 76th Street Playground as well as to other visitors to Central Park; therefore, be it

RESOLVED, That Community Board Five Parks Committee recommends approval of Central Park Conservancy’s application to reconstruct the East 76th Street Playground.

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

WHEREAS, The Central Park Conservancy has proposed to reconstruct four volleyball courts which are located at the Closed Center Drive between 66th Street and 69th Street, west of the Mall; and

WHEREAS, The Central Park Conservancy proposes to upgrade the Volleyball facilities to better integrate these into the landscape of Central Park through modification of these four courts within the same location; and

WHEREAS, The existing courts were established in their current location around 1980, and were all asphalt paved; and

WHEREAS, In the early 1990’s, to address an increased interest in the sport of Sand Volleyball and players’ expressed preference for soft surface courts, the Parks Department replaced one of the asphalt courts with a raised sand court; and

WHEREAS, The existing sand court is raised six feet above grade and has a wooden fence around it; and

WHEREAS, It is now proposed that there will be two asphalt paved courts and two sand courts; and

WHEREAS; Pavement markings on the two existing asphalt paved courts will be re-painted; and

WHEREAS, Both sand courts will be sited in a single at-grade facility, contained by a concrete curb, and will be narrowed to maintain a clear space for pedestrian circulation; and

WHEREAS, New benches will be added to the facilities, and the existing, non-historic wooden fence will be removed and replaced with a standard 4’-0” high black chain metal fence; and

WHEREAS, Community Board Five believes that the proposed modifications and upgrades are beneficial both to users of the Volleyball Courts as well as to other visitors to Central Park; therefore, be it

RESOLVED, That Community Board Five recommends approval of Central Park Conservancy’s application to reconstruct the Volleyball Courts.

The above resolution passed by a vote of 35 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, Concentric Communications has submitted an application seeking permission for a special event to be conducted in Union Square Park on Thursday July 16, 2009 between the hours of 11:00 AM and 3:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on June 29, 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 Concentric Communications to hold a special event in Union Square Park on Thursday July 16, 2009.

The above resolution passed by a vote of 36 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, Larry Abel/de-signs, vb. has submitted an application on behalf of their clients Electrolux and Ovarian Cancer Research Fund seeking permission to conduct a press announcement in Father Duffy Square on Wednesday September 9, 2009, between the hours of 12:00 PM and 2:00 PM; and

WHEREAS, According to the Special Event Permit Application submitted to the Department of Parks, the proposed press conference would require set up to begin at 12:01 AM, and then for dismantling and clean-up to be completed by 6:00 PM; and

WHEREAS, According to material submitted by the applicant during Community Board Five’s June 29th 2009 Parks Committee Meeting, load-in would begin at 5:00 AM, breakdown would begin at 3:00 PM, and be completed by 9:00 PM; and

WHEREAS, The concepts of proposed event, known as the Electrolux Text-a-Thon Launch have been described as the following:

WHEREAS, The sequence of events have been described as the following:

WHEREAS, The temporary stage infrastructure and equipment required for this proposed event seem to take-up a footprint within Father Duffy Square that would allow for either spectators or other visitors to access the TKTS bleachers and other areas surrounding the barricaded event space; and

WHEREAS, The proposed 4’-0” X 6’-0” jumbotron does not entirely obscure the statue of Father Duffy; and

WHEREAS, The intended beneficiary of this proposed event is the Ovarian Cancer Research Fund, an organization whose mission is to educate women on this silent disease and to raise funds to find a method of early detection, and ultimately a cure for ovarian cancer; and

WHEREAS, Community Board Five believes that the public awareness and educational benefits provided by this proposed special event far outweigh the corporate sponsored commercial aspects; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Larry Abel/de-signs, vb. to conduct the Electrolux Text-a-Thon Launch in support of the Ovarian Cancer Research Fund in Father Duffy Square on Wednesday September 9, 2009.

The above resolution passed by a vote of 35 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, Larry Abel/de-signs, vb. has submitted an application on behalf of their client Hidden Valley Ranch to conduct a series of promotional events in Father Duffy Square, on Friday & Saturday October 9 & 10, 2009 and on Friday & Saturday October 16 & 17, 2009, between the hours of 10:00 AM and 10:00 PM; and

WHEREAS, According to the Special Event Permit Applications submitted to the Department of Parks, the proposed promotional events would require set up to begin at two days before, and then for dismantling and clean-up to be completed by one day after, therefore requiring the usage of park space for four days per each event; and

WHEREAS, The concepts of proposed event series known as Hidden Valley Ranch “Veggie World” have been described as the following:

WHEREAS, Guests of “Veggie World” will be queued outside the set-up of tents and invited on a self-directed interactive tour lasting approximately 5 – 8 minutes; and

WHEREAS, It has been predicted that “Veggie World” will receive approximately 7,500 guests each day; and

WHEREAS, For this proposed event series, Father Duffy Square, which is a small park space intended for public respite and recreation, would be thoroughly covered by the assortment of tents, line-up areas, equipment and other temporary infrastructure, for approximately eight days in duration; and

WHEREAS, Although this has been presented as an event geared toward educating mothers and children on a healthy lifestyle and diet, it is quite transparent that the true mission is to sell salad dressing; and

WHEREAS, Community Board Five has repeatedly resolved to deny access to its parks for “special events” which require excessive amounts of park space; which are lengthy in duration; and which are blatantly commercial in nature, providing questionable public benefit; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by Larry Abel/de-signs, vb. to conduct the Hidden Valley Ranch “Veggie World” promotional events in Father Duffy Square on Friday & Saturday October 9 & 10, 2009 and on Friday & Saturday October 16 & 17, 2009.

The above resolution passed by a vote of 36 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, Foster’s T&B Network has submitted an application seeking permission to conduct a Karaoke Competition in the North Plaza of Union Square Park on Sunday August 2, 2009 between the hours of 5:30 PM and 9:00 PM; and

WHEREAS, As the required apparatus for the proposed event are composed of microphones and monitors, set-up and dismantling will require very minimal amounts of time; and

WHEREAS, Participants will sing into a cordless microphone which transmits to a computer monitor, and be rated by a panel of offsite judges to compete for prizes; and

WHEREAS, Music shall not exceed 900 decibels and sound would not transmit more than 50 feet; and

WHEREAS, As there is a requirement for amplified sound, the applicant is expected to obtain the necessary permits; and

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

WHEREAS, The proposed event is one which does not require a large amount of space, does not have a commercial intent, and may offer the public benefit of entertainment; therefore, be it

RESOLVED, That Community Board 5 recommends approval of the application by Foster’s T&B Network to conduct a Karaoke Competition in Union Square Park on Sunday August 2, 2009.

The above resolution passed by a vote of 31 in favor; 4 opposed; 1 abstaining.

WHEREAS, The New York City Parks Public Art Program, in conjunction with the Paul Kasmin Gallery proposes to install a collection of six large scale sculptures by the renowned French sculptors Claude & François-Xavier Lalanne on the Park Avenue malls between East 52nd and East 57th Streets from September 13 through November 20, 2009; and

WHEREAS, The proposed sculpture exhibition will include Pomme de New York, a giant golden apple by Claude Lalanne;  Moutons, a life-size flock of sheep and lambs crafted from epoxy and bronze; and Singe Avisé (Très Grand), the late François-Xavier Lalanne’s last sculpture; and

WHEREAS, The City of New York Parks & Recreation Department will require that the gallery pay for installation and removal costs, including any needed repair of the malls; and

WHEREAS, The installation and removal of the sculpture will 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 for the exhibit of Claude & François-Xavier Lalanne sculpture collection on the Park Avenue Malls from 9/13-11/20, 2009.

The above resolution passed by a vote of 35 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, Papaya International has submitted an application seeking permission to conduct a reggae performance in the South Plaza of Union Square Park on Saturday August 15, 2009 between the hours of 12:00 PM and 6:00 PM; and

WHEREAS, 2009 will mark the fifth year of this cultural event in Union Square Park, and Community Board 5 is not aware of any previous complaints related to this event; and

WHEREAS, The event will feature performances by eight to ten musical artists; and

WHEREAS, Amplified sound will be used during four hours of the event; and

WHEREAS, The applicant represented that this event will be free to the public and is expected to have an audience of 50-100 people; and

WHEREAS, Although the application stated that the applicant intended to request a vendor's permit to sell food and merchandise, upon hearing the Parks Committee's concerns over commercial use of the parks, the applicant agreed that nothing would be sold at the event; and

WHEREAS, Although the event is scheduled for a Green Market day, the event will occupy only a small footprint of the South Plaza, away from the Green Market; therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Papaya International to hold a reggae performance in Union Square Park on Sunday, August 15, 2009.

The above resolution passed by a vote of 35 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, September Concert Foundation submitted an application seeking permission for a day of musical performances to be conducted on the front steps of the New York Public Library and the South Plaza of Union Square Park on Friday, September 11, 2009 between the hours of 12:00 PM and 5:45 PM; and

WHEREAS, In 2008, the applicant had conducted previous music performances in both of these areas; and

WHEREAS, The events are proposed to be conducted between 1:30 PM and 5:45 PM at the New York Public Library and between 12:00 PM and 5:45 PM in Union Square Park, with set-up to begin at 10:00 AM and clean up to be over at 7:30 PM; and

WHEREAS, There is a requirement for amplified sound, for which the applicant is expected to obtain the necessary permits; and

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

WHEREAS, There will be a tent at each location with information about September Concert Foundation and a schedule of events; and

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

RESOLVED, That Community Board 5 recommends approval of the application by September Concert Foundation to conduct their musical performances in Bryant Park and Union Square Park on Friday, September 11, 2009.

The above resolution passed by a vote of 35 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, The Tibetan Community of New York and New Jersey, Inc. has submitted an application to conduct a special event known as “Tibet Festival: 50 Years in Exile” in Bryant Park on Saturday & Sunday September 19 & 20, 2009, between the hours of 10:00 AM – 8:00 PM; and

WHEREAS, The Tibetan Community of New York and New Jersey, Inc. is a 501(c)3 nonprofit organization; and

WHEREAS, The proposed activities of the festival are to include:

- Tibetan cultural performances & presentations;

- Exhibition of native Tibetan costumes;

- Discussions regarding Tibetan history, political affairs, culture and traditions;

- Screening of Tibetan movies; and

WHEREAS, The proposed activities of the festival are also to include:

- Tibetan Bazaar offering the opportunity for visitors to purchase a variety of native handicrafts, books and souvenirs;

- Tibetan Food Show offering the opportunity for visitors to purchase a variety of native delicacies and traditional foods; and

WHEREAS, Vendors of merchandise and food would be charged participation fees; and

WHEREAS, The applicant has provided the attached site plan detailing the footprint of the proposed event, which indicates that this will monopolize the park space from the terrace at the east end through the fountain at the west end; and

WHEREAS, The Applicant did not know the fee required to rent the park space and suggested vendor sales would be needed to cover the expense; and

WHEREAS, This event requires an excessive amount of this park’s space for an inordinately lengthy duration of time, leaving very little space remaining for respite and other recreation; and

WHEREAS, This event has excessive commercial nature, making usage of the park space as more of a marketplace than as a site for a cultural or artistic exhibition; therefore, be it   

RESOLVED, That Community Board Five recommends denial of the application by The Tibetan Community of New York and New Jersey, Inc. to conduct a special event in Bryant Park on Saturday & Sunday September 19 & 20, 2009.

The above resolution passed by a vote of 22 in favor; 13 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, Vector Media has submitted an application seeking permission for a special event to be conducted in Bryant Park on Friday, Saturday and Sunday September 11, 12 & 13, 2009 between the hours of 8:30 AM and 7:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on June 29, 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 Vector Media to hold a special event in Bryant Park on Friday, Saturday and Sunday September 11, 12 & 13, 2009.

The above resolution passed by a vote of 36 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, Madison Square Park Conservancy has submitted an application seeking permission to conduct a special event on Thursday July 16, 2009, between 12:00 PM and 8:00 PM which would require set-up to begin on Wednesday July 15 at 9:00 PM to continue overnight and requiring dismantling and clean-up to be completed by 12:00 AM on Friday July 17, 2009; and

WHEREAS, The proposed event is being created by LeadDog Marketing in association with J. Walter Thompson Agency on behalf of HSBC; and

WHEREAS, HSBC proposes to conduct a multi-purpose event/survey/commercial shoot on Thursday July 16, 2009, in the southern end of Madison Square Park which will consist of:

- Media spots on morning television shows beginning at 4:30 AM

- A private commercial shoot to be conducted in Madison Square Park from 6:00 AM until 9:30 AM

- Interactive public activities to be conducted from 12:00 PM until 8:00 PM. These will include a “public soapbox” where participants are videoed speaking about an assortment of “values”; completing a survey for a chance to win one of several give-away; a t-shirt making station and the opportunity to participate in painting a mural with a local artist; and

WHEREAS, Although corporate signage is minimal, there is no actual sale of merchandise, and some of the activities have participatory components, this event still has an excessive commercial nature with dubious public benefit; and

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, Madison Square Park Conservancy has submitted an application seeking permission to conduct a Fall Market Festival in Worth Triangle and in portions of the Broadway Greenway located between East 23rd Street and East 25th Streets, to be in daily operation from Saturday October 10 through Saturday October 31, 2009, between the hours of 11:00 AM and 8:00 PM; and

WHEREAS, The proposed event will include an assortment of free events such as live music performances, pumpkin picking and other entertainment to attract the widest possible audience; and

WHEREAS, The proposed event also will offer the sale of prepared foods from area restaurants, fresh seasonal vegetables, apple cider and baked goods, and also apparel, accessories and home products; and

WHEREAS, The proposed Fall Market Festival is modeled on and is promoted by Urban Space Management, promoters of such high quality retail events that include the Union Square Holiday Market; and

WHEREAS, 2009 will be the first year of this proposed event, and there is intention that this should be repeated annually, from approximately Columbus Day Weekend through Halloween Weekend; and

WHEREAS, The proposed Fall Market Festival is an event which has some participatory aspects, and may provide some public benefit; therefore, be it

RESOLVED, That Community Board Five recommends approval of Madison Square Park Conservancy’s application to conduct their Fall Market Festival from Saturday October 10 through Saturday October 31, 2009; and further, be it

RESOLVED, That Community Board Five requests an opportunity to review the application before the permit to conduct this event is renewed by the Parks Department Special Permit Office.

The above resolution passed by a vote of 26 in favor; 8 opposed; 1 abstaining.