WHEREAS, The Fashion Institute of Technology (FIT) has made an application to the New York City Department of Transportation 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 two-way vehicular traffic from Eighth Avenue with a cul de sac for a turnaround; and

WHEREAS, FIT brought a similar proposal before Community Board Five 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 Institute of Technology's proposal for a 27th Street commons in its current form.

WHEREAS, In the Fashion Center BID area there are some intersections with as many as 12 plastic news boxes, many in deplorable condition and some without any literature in them; and

WHEREAS, The Fashion Center commissioned Antenna Designs, the firm that designed the new subway cars and the MetroCard machines for the MTA, to design a news rack that would double as a planter thereby lessening the number of fixtures on the already crowded sidewalks; and

WHEREAS, The proposed news box design would brighten the experience of pedestrians in the district by adding plant life and would alleviate the sometimes dark and gloomy atmosphere caused by the height of the buildings and narrowness of the streets; and

WHEREAS, The Department of Transportation has reviewed and approved the design and the Art Commission has requested that a prototype be placed on the plaza of 1411 Broadway or 555 Seventh Avenue prior to the approval of the entire 23-box program; therefore be it

RESOLVED, That Community Board Five supports the proposal by The Fashion Center BID to install a prototype news rack/planter in front of 1411 Broadway or 555 Seventh Avenue to gauge whether this innovative design meets widespread public approval.

WHEREAS, The Epoch Times has filed an application to hold a street festival on Sunday, July 2nd on Lexington Avenue, between 54th and 53rd Streets; and

WHEREAS, The Epoch Times is a new applicant; and

WHEREAS, This area is already host to a number of street fairs, and Community Board Five would like to see new applicants for street fairs be directed to more suitable and less often used locations; 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 The Epoch Times to hold a street festival at the above location, 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 20 in favor, 0 opposed, 1 abstention.    

WHEREAS, DETNY Footwear has filed an application to hold a corporate sponsored event for charity on Thursday, June 30, 2005 at 1 Times Square; and

WHEREAS, DETNY is a new applicant; and

WHEREAS, This area is already host to a number of street fairs/festivals, and Community Board Five would like to see new applicants be directed to more suitable and less often used locations; 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 DETNY to hold an event at the above location, 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 20 in favor, 0 opposed, 1 abstention.    

WHEREAS, Petra Restaurant Corp. d/b/a Abboccato has filed an application for a small unenclosed sidewalk café for 4 tables and 8 seats at 136 West 55th Street; and

WHEREAS, The café will not impede the flow of pedestrians; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Petra Restaurant Corp. d/b/a Abboccato, for a small unenclosed sidewalk café.

The above resolution passed with a vote of  18 in favor, 2 opposed, 1 abstention.   

WHEREAS, This four-story masonry dwelling was built in the mid-19th Century and altered in 1924 when a new brick façade was installed, and further altered in 1947 in the modern style by Morris Whinston when ceramic-tile covered metal panels were added to the entire façade covering the brickwork, and appeared in this manner at the time of designation; and

WHEREAS, Several of the metal panels were loosened and fell during a wind storm, necessitating the installation of a sidewalk bridge, which subsequently revealed the deterioration of the remaining panels, which were then removed by the applicant without Landmarks Preservation Commission approval, resulting in the issuance of a violation; and

WHEREAS, The applicant has agreed to restore the building to its pre-l947 condition and repoint the brickwork, restoring it to its earliest and most historic condition, as verified by an historic photo predating the 1947 renovation; therefore be it

RESOLVED, That Community Board Five recommends approval for the legalization of the façade change and repointing.

The above resolution passed with a vote of 21 in favor, 0 opposed, 1 abstention.  

WHEREAS, This four-story, neo-Grec style converted dwelling was originally built in 1847-48 for Peter Goelet, and was later converted from  a private residence to commercial use in the l850's; and

WHEREAS, Signage, awnings, and air conditioning were installed without LPC permission, and according to the applicant have been removed; and

WHEREAS, The proposed installation of storefront guard rails with planters, as well as new colored striped awnings do not seem appropriate to the historic district; and

WHEREAS, The applicant plans to:

• repaint the exterior of the building a creamy color, with dark trim that is darkest at the cornice, glass wood doors

• remove exterior lighting

• have no signage on the slope of the new awnings

• remove the exterior roll down gates

• and restore transom lights; and

WHEREAS, The applicant plans to replicate what little remains of the original storefronts, using wooden frames; therefore be it

RESOLVED, That Community Board Five recommends approval of the application with reservations, i.e. the guard rails, planters and striped awnings.

WHEREAS, The applicant is requesting Landmarks Preservation Commission to issue a report to the City Planning Commission pursuant to 74-79 of the Zoning Resolution, which would permit the transfer of 172,000 square feet of development rights from a designated landmark at 400 Fifth Avenue across the street to 401 Fifth Avenue, in exchange for a preservation plan for the landmarked building; and 

WHEREAS, The designated landmark at 400 Fifth Avenue is the Tiffany Building, built in 1903-06 in an Italian neo-Renaissance style and designed by McKim, Mead & White; and

WHEREAS, The proposal was previously denied by the Board; and

WHEREAS, The applicant returned with changes to the plan to erect a building on Fifth Avenue and responded to some of the Board’s concerns by closing the slot in the Avenue wall, making the façade of the 3-story base read as one structure and not two, and making changes to the glass façade; and

WHEREAS, The proposed 602 foot high residential tower is too tall to fit harmoniously with neighboring buildings; and

WHEREAS, The overwhelming use of glass in the base would be incongruous with the prevailing masonry in surrounding buildings along Fifth Avenue, as well as with the Tiffany Building; and

WHEREAS, The proposed new roof for 400 Fifth Avenue, which is not visible from the street, and a new concrete sidewalk, which could be provided by the City, as well as continuing maintenance of  the landmark, which is currently in excellent condition, are not commensurate with the transfer of 172,000 square feet of development rights; therefore be it

RESOLVED, That Community Board Five recommends denial of the application for 401 Fifth Avenue.

The above resolution passed with a vote of 16 in favor, 5 opposed, 2 abstentions.   

WHEREAS, The proposal is to build a new 22-story, 278-foot high,  mid-block building between 5th and 6th Avenues at 39-41 West 23rd Street,  using 24,000 square feet of development rights from the adjacent building over which it would cantilever; and

WHEREAS, The new building which would be slanted on three sides with its entrance set back 10 feet, breaking the street wall, would be inappropriate to the historic district; and

WHEREAS, The proposed preservation plan under the 74-711 application would involve installing new ground floor infill and aluminum windows in the adjacent building at 35-37 West 23rd Street, and is not commensurate with the movement of 24,000 square feet of development rights used to cantilever; and

WHEREAS, The new building, under the 74-711 application would go from manufacturing to residential use; and

WHEREAS, Although it is the same height as the 6th Avenue corner Masonic building, it would have a greater negative impact on the streetscape for it would be a mid-block building, going through to 24th Street and still in the Historic District, and

WHEREAS, The new building, although unique, would be made of glass and laminated material, have a swimming pool visible on the 7th floor,  and would be extremely modern and unharmonious with the Ladies' Mile Historic District, hence despoiling the special historic and aesthetic character of the district;  therefore be it

RESOLVED, That Community Board Five recommends denial of this application because of its extreme modern architecture and its incompatible character with one of New York's most renowned historic districts.

The above resolution passed with a vote of 11 in favor, 8 opposed, 1 abstention.   

WHEREAS, The applicant will hold a Fire Safety Awareness calendar launch and signing on July 21, 2005 in Duffy square; and

WHEREAS, The location will be situated similar to last year’s event so as not to impede pedestrians or traffic; and

WHEREAS, There will be a staff of 20-25, including firemen who will be autographing calendars, with the proceeds from sales of items benefiting the Fire Awareness Fund; and 

WHEREAS, There will be a fire truck, a tent, and a small sound system for one short welcome speech; and

WHEREAS, The set-up will be at 8 AM with the clean-up ending at 4 PM; therefore be it

RESOLVED, That Community Board Five recommends approval of the event by FDNY Fire Safety Education Fund.

The above resolution passed with a vote of 17 in favor, 0 opposed, 1 abstention.   

WHEREAS, Swix/Leki Walk, NY will be introducing the community to a new sport and promoting physical fitness; and

WHEREAS, The applicant will be providing instruction and the ability to try Nordic walking to anyone interested; and

WHEREAS, There will be a tent, minimal signage, no retail sponsor, and no music or food; and

WHEREAS, The applicant is fully insured and does not require participants to sign a waiver; and

WHEREAS, Swix/Leki will not be selling anything or charging any fees; and

WHEREAS, The park lawn will not be harmed since all activities will take place on pavement; and

WHEREAS, The activity will take place on Sunday, May 22, from 9:00a.m. to 4:00p.m.; therefore be it

RESOLVED, That Community Board Five recommends approval of the permit for the Swix/Leki Nordic Walk demonstration in Union Square Park.

WHEREAS, Sephora, a retail cosmetic company which is opening a new store on Park Avenue South, has applied to the Parks Department for a permit to hold an event on the North Plaza of Union Square Park on Thursday, June 23, 2005, between 3:30 p.m. and 8:00 p.m.; and

WHEREAS, The applicant is holding this event in support of the Union Square Partnership; and

WHEREAS, The applicant has agreed to have minimal signage and that no services or merchandise will be sold; and

WHEREAS, The applicant will include a tent dedicated to disseminating information regarding the renovation of the North End of Union Square Park; and

WHEREAS, The applicant has agreed that its support for the Union Square Partnership will appear on all written material, and there will be no access to the retail website at the event; and

WHEREAS, The music, provided by the applicant without charge, will start at 5:00 p.m. so as not to disturb the workplaces surrounding the park and will not include a DJ or stage; and

WHEREAS, The applicant has agreed that only half of the North Plaza will be used; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by Sephora to hold an event on the North Plaza of Union Square Park on June 23, 2005 due to the unique circumstances described above.

The above resolution passed with a vote of 16 in favor, 0 opposed, 1 abstention.    

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

• Elizabeth Seton Pediatric Center, application to hold a resident and family picnic in Madison Square Park (Center Lawn) on Saturday, June 4th

• Application to hold a wedding in Madison Square Park (near fountain/Shake Shack) on Saturday, October 29th

• Elizabeth Geldhof, application to hold an event in Madison Square Park on Friday, June 10th

• Center of Spiritist Studies, application to hold a book fair in Union Square Park on Sunday, August 7th, 14th, 21st and 28th

• Application to hold a birthday party in Bryant Park on Saturday, May 21st ; and

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

WHEREAS, The applicants were invited to, but did not attend the Parks Committee Meeting to present their proposals for review and, therefore, the committee was unable to determine the answer to a number of questions; therefore be it

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