Resolutions: October 2009

28 East 18th Street - Manna Kitchen Inc.

38 East 19th Street - ABC Home Furnishings, Inc., d/b/a PIPA

27-29 East 30th Street - 27-39 East 30 Rest. Corp.

34 West 46th Street - L&J Brazil Restaurant Inc.

38 East 19th Stree - PQ Broadway, Inc.

235 Park Avenue South - Depalino Restaurant Corp., d/b/a City Crab & Seafood Co.

330 7th Avenue - Calshea Restaurant Corp.,

d/b/a The Triple Crown

381 Park Avenue South - 381 Park Avenue South, LLC, d/b/a Prime’s Steakhouse

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of West 57th Street & 6th Avenue; and

WHEREAS, CB5 takes its role seriously, and the applicant failed to appear at a regularly scheduled meeting and failed to address questions and concerns CB5 had about the application; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition; and

WHEREAS, There are two (2) other newsstands directly across the street from the proposed site on the southwest and northeast corners of West 57th Street and 6th Avenue; and

WHEREAS, There is a bus stop on the 57th Street side of the corner; and

WHEREAS, There is a subway entrance about 50’ from the proposed site; and

WHEREAS, The 6th Avenue side of the proposed corner has too much street furniture including a large phone bank and four (4) newspaper dispensers; and

WHEREAS, The Buckingham Hotel sent two representatives to oppose the application on the same grounds set forth above and to further oppose the application based on the adverse impact the newsstand would have on retail tenants and aesthetic grounds; and

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) 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 West 50th Street & 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 (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

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

WHEREAS, The applicant is proposing a newsstand on the southwest corner (SWC) of West 50th Street & 7th Avenue; and

WHEREAS, CB5 takes its role seriously, and the applicant failed to appear at a regularly scheduled meeting and failed to address questions and concerns CB5 had about the application; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, which is already very heavy, and add to congestion and create an unsafe condition; and

WHEREAS, There is another newsstand directly across the street from the proposed site on the southeast corner of West 50th Street and 7th Avenue; and

WHEREAS, There is a cross-town bus stop on the 50th Street side of the corner; and

WHEREAS, Safety is a crucial concern for Community Board Five; and

WHEREAS, Community Board 5 recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) 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 West 50th Street & 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 (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

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

WHEREAS, Community Board Five takes its role in the review of applications to perform work on designated properties very seriously and requests an opportunity to review the application before a permit is granted by The City of New York Landmarks Preservation Commission; and

WHEREAS, Abner c/o Williams Real Estate has submitted an application seeking permission to perform minor work at 39 West 19th Street, located between Fifth Avenue and Avenue of the Americas in the Ladies Mile Historic District; and

WHEREAS, At the request of Community Board Five, Skyline Windows, as representative of the owners of 39 West 19th Street attended our Tuesday September 29, 2009 Landmarks Committee meeting in order to present their proposal to remove and replace fifteen (15) existing windows located on the 12th Floor at the southern (front) façade of the building; and

WHEREAS, The existing windows are fitted in sets of three (3) within five (5) distinctive arched masonry openings at the top floor of the building; and

WHEREAS, The existing windows are manufactured with wood frames with a dark brown finish, and are square double hung style that are partially obscured at the top by the masonry arches; and

WHEREAS, The applicant has advised us that it is not known whether these existing windows date to the original construction of this building, and that these windows are in poor, irreparable condition; and

WHEREAS, The applicant proposes that the replacement windows shall also be square double hung style, however these will have dark brown aluminum frames; and

WHEREAS, Although the applicant has presented shop drawings that exhibit the work proposed to be performed, they have not provided any detailed photographs exhibiting the existing windows, which could have been taken from both inside their building, and from across the street; and

WHEREAS, The applicant had not been able to provide a sample of the dark brown aluminum finish proposed for the new windows frames; and

WHEREAS, The Landmarks Preservation Commission has this application listed in their agenda of items to be reviewed on Tuesday October 6, 2009; and

WHEREAS, The committee requested that the applicant prepare and provide additional information and detailed drawings to present to the committee at a later date, however, the applicant is unwilling to withdraw the application from the Commission’s calendar; and

WHEREAS, The presentation to our committee lacked the evidence of the existing conditions as well as the proposed new finish, it was not possible to make a comparison to judge the appropriateness of the proposed window replacement work; therefore, be it

RESOLVED, That Community Board Five recommends denial of application by Abner c/o Williams Real Estate to perform minor work at 39 West 19th Street.

The above resolution was passed unanimously.

WHEREAS, 255 Fifth Avenue, between East 28th and East 29th Streets is located in the Madison Square North Historic District; and

WHEREAS, The storefront of the building is now a restaurant called Ben & Jack's Steakhouse and is not original to the building; and

WHEREAS, The storefront currently consists of black granite, silver and gold metal, grey stone, and glass doors; and

WHEREAS, The owner has applied to the NYC Landmarks Preservation Commission to renovate the storefront as follows:

• Cover the existing granite with dark grey, high gloss wood
• Paint the aluminum window frames dark grey on the 1st and 2nd floors
• Replace the existing glass doors with new wood and glass doors

WHEREAS, The proposed alterations will only effect non-historic parts of the building; therefore, be it

RESOLVED, Community Board Five recommends approval of the application by 255 Fifth Avenue to replace an existing non-historic storefront as detailed in the three items set forth above.

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, Civic Entertainment Group has submitted an application seeking permission for a special event to be conducted in Father Duffy Square on Thursday October 22, 2009 between the hours of 5:00 PM and 10:00 PM; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five’s Parks Committee meeting on Monday September 21, 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 Civic Entertainment Group to hold a special event in Father Duffy Square on Thursday October 22, 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, Overland Entertainment has submitted an application seeking permission to conduct an uncomfortably large and lengthy event in the south plaza of Union Square Park on Thursday October 8th, and Friday October 9th, 2009, between the hours of 12:00 PM and 6:00 PM, requiring set-up to begin on Wednesday October 7th at 6:00 AM and dismantling and clean-up to be completed by Saturday October 9 at 2:00 AM; and

WHEREAS, Set-up and dismantling for this event would involve a forklift to load in the structure, power tools to construct the structure, and overnight security; and

WHEREAS, The event would be sponsored by Marshall’s and would be conducted for the National Domestic Violence Hotline, as a part of Domestic Violence Awareness Month; and

WHEREAS, This event would feature the a 10’-0” X 60’-0” walkway structure comprised of six (6) open-air arches, which would be placed on the upper landing in the South Plaza of Union Square Park; and

WHEREAS, Each of the arches would prominently display Marshall’s corporate logo, and would list the names of domestic violence organizations and celebrity sponsors; and

WHEREAS, We are concerned with the substantial amount of space that would be required and with the extensive duration of time that is required in order to set-up, dismantle and to conduct this event; and

WHEREAS, Although the event sponsors will pay $40,000.00 to the city’s general fund, Community Board Five has repeatedly taken the position to deny access to our parks for special events that are predominantly commercial and whose footprint and duration of time negatively impacts the public’s access to the park; therefore be it

RESOLVED, That Community Board 5 recommends denial of the application by Overland Entertainment to conduct a special event in Union Square Park on Thursday and Friday October 8th and 9th, 2009.

The above resolution passed unanimously.

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, Unlimited Events & Marketing, Inc. has submitted an application seeking permission for a brief public awareness event to be conducted in Greeley Square Park on Tuesday, October 27, 2009 between the hours of 11:00 AM and 1:30 PM; and

WHEREAS, The proposed event, known as “100 Million Smiles” is sponsored by Colgate-Palmolive’s “Bright Smiles, Bright Futures” community program, as a celebration of their seven-year effort to promote oral health education and prevention to underserved children around the world, including 100 million children in the United States; and

WHEREAS, Activities within the event include a public “brush-a-thon” for approximately 175 public school children, dental screenings, and possible guest speakers such as the Mayor, the NYC School’s Chancellor, the US Surgeon General, and an undisclosed celebrity guest, who have been invited to deliver positive dental health messages; and

WHEREAS, Little time would be required for set-up of this event, specifically, two (2) hours from 9:00 PM until 11:00 PM on Monday October 26, with set-up recommencing on Tuesday October 27 at 7:00 AM, and likewise dismantling and clean-up would be expeditiously completed by 3:00 PM; and

WHEREAS, Set-up within the park would include a 16’-0” wide X 12’-0” deep X 2’-0” high stage with a 16’-0” wide X 8’-0” high banner backdrop, two (2) video screens with amplified sound to provide participants with a close-up view of the on stage activities, approximately thirty-seven (37) 6’-0” wide tables at which the “brush-a-thon” participants would stand, additional feather banners would be hung along the fence surrounding the park, and a tent to cover the event area, only in the case of inclement weather; and

WHEREAS, In addition, the applicant has applied for permission to have two (2) dental vans parked adjacent to the park, in which free dental screenings would be offered and conducted for interested and willing participants; and

WHEREAS, The graphics exhibited in the stage banner backdrop, on the feather banners along the fence, and on the dental vans shall be limited to variations of the Bright Smiles, Bright Futures theme, with very subtle reference to Colgate; and

WHEREAS, This event would be free-of-charge, open to the public, and there would be no sale of food or merchandise, nor would there be any product promoted; and

WHEREAS, The 34th Street Partnership has approved this event, and sponsors would pay $45,000.00 to the city’s general fund, and

WHEREAS, The proposed event would be brief in duration, would require little space, would not inhibit access into or through the park, and would continue to allow for the park’s traditional respite and recreation usage; and

WHEREAS, Community Board Five consistently favors special events that have minimal to no commercial intent, and we remain supportive of programs within our park spaces that have a non-exclusive, participatory component and those that offer educational and public service benefits, therefore, be it

RESOLVED, That Community Board Five recommends approval of the application by Unlimited Events & Marketing, Inc. to conduct the 100 Million Smiles event in Greeley Square Park on Tuesday, October 27, 2009. 

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

WHEREAS, The applicant, ONE 29 PARK LLC, has notified Community Board Five of its intent to apply for a new liquor license for a new restaurant (the "Restaurant") on the ground floor of the Gansevoort Park Hotel located at 420 Park Ave South (presently under construction – anticipated completion date of January 2010); and

WHEREAS, Applicant is comprised of 2 members, TA RESTAURANT LLC, which owns the Restaurant and ONE 29 MANAGEMENT LLC, which will operate the Restaurant; and

WHEREAS, The Restaurant shall have a total floor area of 4,840 square feet of interior space with a bar area, a dining room and a lounge/library, and an unenclosed rear yard of 753 square feet; and

WHEREAS, There shall be 2 full bars and 1 service bar; 95 tables, 227 chairs (including banquette seating) and 22 bar stools inside; 25 tables and 50 chairs in rear yard; and

WHEREAS, Estimated patron usage is approximately 101 in the bar and lounge/library, 148 in the dining room, and 50 on the unenclosed rear yard, with an estimated total capacity of 335, including kitchen personnel and staff; and

WHEREAS, The Park Avenue South façade of the Restaurant has an opening with folding glass windows 16 feet wide and 9 feet, 6 inches high (the "Glass Wall"); and

WHEREAS, The sound system at the premises shall conform to the specifications recommended in the attached sound engineer's report, which directs sound inward to maximize containment of all amplified sound within the interior of the space, is computer controlled by management with pre-set maximum volume, and with no amplified sound played in the rear yard; and

WHEREAS, At its option, have a live DJ playing music in the interior spaces, but shall have no live music or dancing at the Premises; and

WHEREAS, The Glass Wall shall be open (i) no later than 12:00 midnight Sunday – Thursday, and 1:00 a.m. Friday and Saturday and (ii) only when the area adjacent to the Glass Wall is being used for seated table service; and

WHEREAS, Applicant shall prevent the open Glass Wall from being used for ingress or egress to the Restaurant and at any time when the Glass Wall is open, and shall maintain a solid physical barrier with a height no less than table height and a length no less than the width of the opening; and

WHEREAS, Applicant shall discourage patrons from congregating in front of the premises and encourage that they leave the premises in a respectful manner; and

WHEREAS, Applicant shall discourage the parking of idling cabs, limousines and other vehicles on the street in front of the Premises and arrange for valet service and off-site waiting areas for town cars to prevent street congestion by vehicles; and

WHEREAS, Applicant shall monitor the interior and exterior of the premises and maintain a senior floor manager at all times when the Restaurant is in operation, plus, from 8:00 pm through 4:00 am Thursday – Saturday, provide a dedicated host and no less than 1 security guard (or more as reasonably determined by Applicant); and

WHEREAS, The applicant offered to met with neighbors and CB5 on a regular basis if requested and also offered to provide a 24-hour hotline to a live manager or security director to immediately address any complaints from the community; and

WHEREAS, The applicant shall be responsible for any use of "promoters" and will not retain any promoter to "host" a public event that would be perceived as the promoter's event.  At any time that an event or party is hosted or marketed (in whole or in part) by a third party: (i) at all times the applicant shall remain responsible for and in control of the venue and its patrons and (ii) except for New Years Eve and Halloween, all material positions of operation shall be the employees of the Restaurant at all times; and

WHEREAS, Although there was concern and objection voiced by the public regarding the operation of the rear yard, in response, the applicant agreed (i) to restrict use of the rear yard to table service dining only, with the area closed no later than 11:30 PM every day (ii) to install sound dampening greenery around the space and (iii) to maintain open communication with the residents in the vicinity of the rear yard and to communicate with both a CB5 liaison and a community liaison, as necessary, to immediately address any quality of life issues caused by applicant's operation of the rear yard space.  Applicant also agreed to return to the Public Safety/Quality of Life Committee six (6) months after opening of the rear yard space to evaluate the success of the restrictions established to minimize disturbance of the residents in the vicinity of the rear yard; and

WHEREAS, Should Applicant or TA RESTAURANT LLC, or ONE 29 MANAGEMENT LLC ever contemplate a transfer of its interest in the Restaurant ownership or management ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), such transferring party shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Michael Achenbaum and/or William Achenbaum ever contemplate a transfer of their interest in TA RESTAURANT LLC so that they do not have a controlling management interest in the owner of the Restaurant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 of such intent and any potential transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Jonathan Segal ever contemplate a transfer of his interest in ONE 29 MANAGEMENT LLC so that he does not have a controlling management interest in the operator of the Restaurant ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), he shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, The applicant has agreed to adhere to all of the above in the form of the attached affidavits by TA RESTAURANT LLC and ONE 29 MANAGEMENT LLC, and to incorporate these conditions into the liquor license application method of operation and will submit to CB5, a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends denial of the restaurant liquor license at 420 PARK AVE SOUTH (28TH/29TH Streets) for ONE 29 PARK LLC unless the above and attached conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

WHEREAS, The applicant, Blas Group LLC and/or Henry Blaylock and/or Richard Lusardi and/or Paul Leblin, has notified Community Board Five of its intent to apply for a new on-premises liquor license for a new restaurant to be located at 9 West 19th Street; and

WHEREAS, The initial application was presented to the Public Safety Quality of Life Committee in July proposing a new restaurant in a space formerly operated as a bookstore, containing 2,150 square feet of space on the ground floor and basement of the premises, with 40 tables, 130 chairs and 10 bar stools, and a total capacity of 150; and 

WHEREAS, The initial application included plans to have a dj, operating hours until 4:00 AM, and other characteristics not usually seen in applications for use as a restaurant; and

WHEREAS, Since the application was incomplete in that it did not contain a floor plan of the space, a proposed menu, and other items inquired about by committee members, the applicant requested that the hearing on the application be postponed and such request was granted; and

WHEREAS, Reconsideration at the September committee meeting again found the application incomplete since items requested by the committee at the previous hearing, including the use and transfer provisions of the proposed lease, were not provided, inaccuracies were found in part, with the floor plan and layout being misleadingly not drawn to scale, which resulted in the applicant again requesting that the hearing on the application be postponed and such request was granted; and

WHEREAS, The committee was concerned that the revised plans showed reduced hours, a reduced number of tables and chairs, and an inexpensive menu, yet provided for expensive renovations and construction, and questioned how the applicant would make ends meet with fewer hours, fewer tables, inexpensive food and very high construction costs; and

WHEREAS,  The applicant stated that they would rely on alcohol sales for their income while breaking even on the food, that one of the principals would himself manage the restaurant and tend bar, and that the chef would be paid on a profit-sharing basis; and 

WHEREAS, The committee expressed concern and believes that this was an unrealistic plan, unlikely to succeed and was also concerned that one of the principals is in the finance industry and has no experience owning or operating restaurants and, although the other one of the principals has prior experience as part of teams opening and managing other bars and restaurants, the applicant does not have the necessary business experience or acumen needed for the proposed endeavor or to be granted the privilege and responsibility of holding a liquor license; and

WHEREAS, The proposed new restaurant, although seemingly small at 2,150 square feet, is in a space formerly operated as a bookstore and members of the public objected to the issuance of yet another liquor license in an area already overwhelmed by an inordinate number of licensed establishments; and

WHEREAS, The proposed location on 19th Street between Fifth and Sixth Avenues is one block from the "Moratorium Area" - an area of CB5 so oversaturated by licensed premises so as to constitute a blight on the community, causing excruciating and unbearable disturbance to the neighborhood and causing the New York City Police Department to establish a special outpost in the area to help control the crowds, noise, violence (including shootings and stabbings), attributed to the existing licensed establishments that plague the area; and 

WHEREAS, Since 19th Street has been taking on the characteristics of the Moratorium Area one block away and, for some time, residents of 19th Street have been requesting that CB5 extend the Moratorium Area to include 19th Street, CB 5 believes that adding a new liquor license in this location is not in the best interest of the community; therefore be it

RESOLVED, That Community Board Five recommends DENIAL of the on-premises liquor license by Blas Group LLC and/or Henry Blaylock and/or Richard Lusardi and/or Paul Leblin for a new on-premises liquor license for a restaurant to be located at 9 West 19th Street.

WHEREAS, The applicant, 121 West 45th Street Restaurant Corp., operates a restaurant/lounge known as “Connolly’s” located at 121 West 45th Street;

WHEREAS, The applicant has notified Community Board Five of its intent to file an alteration application with the New York State Liquor Authority to add approximately 484 square feet of unenclosed space on the rooftop of the premises to be used for outdoor dining;

WHEREAS, The additional space shall contain 1 service bar, 10 tables and 40 seats;

WHEREAS, The applicant shall obtain and implement recommendations from a sound engineer to design a sound system for the outdoor space which directs sound inward to maximize containment of amplified sound within the space and minimize the possibility that sound from these systems might be heard outside the restaurant;

WHEREAS, The area surrounding the outdoor space has no observable residences that could be disturbed by the operation of an outdoor area of the restaurant;

WHEREAS, The applicant and its affiliates have 3 other Connolly’s and 2 Perfect Pints restaurants, none of which are the subject of any complaints known to CB5; therefore be it

RESOLVED, That Community Board Five recommends approval of an alteration application with the New York State Liquor Authority to add approximately 484 square feet of unenclosed space on the rooftop of the premises to be used for outdoor dining.

The above resolution passed by a vote of 33 in favor; 0 opposed; 1 abstaining; 1 present not entitled to vote.