October 2010

 Every year the Board has a robust discussion about many of the issues that affect our District-this year was no exception. While we recognize the difficult economic environment that will exists for the 2012 budget we ask that there be no cuts to major services affecting CB5.

EXPENSE PRIORITIES:

1.      Borough President's Office: Maintain the current budget and staffing levels of CB5.

2.      Department of Transportation: Increased funding for traffic planning operations to reduce congestion.

3.      Department of Consumer Affairs: Increase funding for inspectors to enforce cabaret laws, street vending and sidewalk cafes. 

4.      Department of Environmental Protection: Increase funding to hire additional inspectors to help with noise code enforcement.

5.      Police: (Traffic Control) Increase funding for additional civilian hires to free up police for traffic enforcement. 

6.      Sanitation: Maintain funding for sanitation enforcement and fund additional training for inspectors, audit staff.

7.      Department of Buildings: Increase funding for inspectors and technology.

8.      Department of Homeless Services: Increase funding for Shelter Assistance programs, increase funds for homeless services, including but not limited to; affordable quality housing, preventive mental health services, childcare, foster care, drop-in centers, outreach programs, and improved shelter programs.

9.      Department of Cultural Affairs: Maintain funding levels for program groups and small lesser known cultural institutions.

10.  Department of Aging: Funding for in home care, meals on wheels.

11.  Libraries: Funding to maintain the six day library week.

12.  Department of Parks & Recreation: Hire a second full time exterminator or continue certification of gardeners for pest control.

13.  Department of Parks & Recreation: Hire a fulltime night maintenance crew to rotate between parks.

14.  Department of Health & Mental Hygiene: Increase funding for rodent control.

15.  Department of Homeless Services: Increase funding for outreach to runaway teenagers.

16. Landmarks Preservation Commission: Funding for additional agency staff.

17. Fire: Improve funding for community outreach for fire prevention.

18. Fire: CPR equipment and training.

19. Police: Reinstate funding for police officers and traffic enforcement officers.

20. Fire Department: Hire additional firefighters (place majority in emergency services / Hazmat)

21. Housing Preservation & Development: Increase funding for code enforcement, litigation and loan programs.

22. Police: Increase staffing for Paid Detail and the Cabaret Task Force.

23. Department of Homeless Services: Funding for DHS police.

CAPITAL PRIORITIES

1. Department of Transportation: Full depth resurfacing of 56^th Street between 5^th and 6^th Avenues.

2. Fire Department: Fund purchase and installation of emergency power backup generators for firehouses.

3. Education: Need an elementary and/or middle school in our district.

4. Police Department: Funds for additional cameras and camera maintenance.

5. Libraries: Maintain the existing library square footage (including the Donnell and Mid-Manhattan branches) and fiscal support for branch libraries within the District.

6. Sanitation: Funding for basket trucks.

7. Department for the Aging: Build additional senior center

8. Fire Department: Fund Additional mobile command posts.

9. Department of Environmental Protection: Fund additional land purchases as buffer to safeguard water supply.

10. Libraries: Increased funding to purchase information technology equipment, such as computer equipment.

11. Department of Transportation: Continued support for Select Bus Service (34^th Street) and expansion to other route.

12. Department of Transportation: Resurfacing of all street identified by the department in priority order.

CONTINUING SUPPORT: CAPITAL

.. Libraries: Upgrade temperature and humidity control systems for main stacks (Central Library)

.. Police: support for police precinct modernization.

.. Transportation: Upgrade and/or overhaul the underground infrastructure which is a current risk for street collapses and other safety issues.

..  Fire: Support for station house upgrades.

.. Transportation: Continued support for the Plaza program (Times Square, Herald Square and 7^th Avenue) and pedestrian improvements. 

The above resolution was passed with a vote of 37 in favor, 0 opposed,  1 abstention.

WHEREAS, The proposed sidewalk café would have 11 tables and 44 seats with 11 four-top tables; and

WHEREAS, The proposed sidewalk café would leave 8' for pedestrian traffic; and

WHEREAS, All tables will be only on 16^th Street; and

WHEREAS, The sidewalk registers heavy pedestrian traffic; and

WHEREAS, The current configuration leaves too little space for pedestrian traffic; and

WHEREAS, Based on CB5's concerns, the applicant has agreed to reduce the footprint of the café to 11 tables and 30 seats with the following configuration, 7 two-tops and 4 four-tops, which will widen the pedestrian pathway; and

WHEREAS, The sidewalk café would close no later than 10 PM from Sunday to Wednesday, and 11 PM from Thursday to Saturday; and

WHEREAS, The applicant has agreed to reduce the size of its currently oversized awnings and signage to bring it in keeping with the character of Union Square; therefore be it

RESOLVED, That Community Board Five recommends approval with the conditions laid out above (11 tables with 30 seats and a reduction in size of its awnings and signage) for the application for a small unenclosed sidewalk café with 11 tables and 30 seats at 34 Union Square East.

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

WHEREAS, The applicant, The Shoreham LLC, is applying for a small unenclosed sidewalk café at 39 West 55^th Street; and

WHEREAS, The sidewalk café currently has 4 round tables and 8 seats; and

WHEREAS, The proposed sidewalk café would leave 8' for pedestrian traffic; and

WHEREAS, The current configuration leaves too little space for pedestrian traffic; and

WHEREAS, Based on the CB5's concerns, the applicant has agreed to replace the round tables with rectangular ones which width shall not exceed 16 inches, and the tables shall be placed flush against the façade of the building; and

WHEREAS, The sidewalk café would close no later than 10 PM from Sunday to Wednesday, and 11 PM from Thursday to Saturday; and

RESOLVED, That Community Board Five recommends approval with above conditions (rectangular tables with widths no larger than 16 inches placed flush against the building's façade) of the application for an unenclosed sidewalk café with 4 tables and 8 seats at 39 West 55th Street.

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

CB5's Consents & Variances Committee had no objections to the below applications for sidewalk cafes.

• 60 West 55th (BB at 55) -  for 3 tables and 6 chairs
• 178 Lexington Ave. (Vezzo Inc.) - 16 tables and 32 chairs
• 928 Broadway (Bar Stuzzichini) - 10 tables and 20 chairs
• 839 7th Ave. (54th St. Bakery) - 6 tables and 12 chairs

The below application to extend the term of a special permit for a physical culture establishment for the following application received no objection by CB5's Consents & Variances Committee.

• 19 West 44^th Street, TSI West 44^th LLC dba New York Sports Club 

WHEREAS, The proposed sidewalk café would have 2 tables and 4 seats; and

WHEREAS, The proposed sidewalk café would leave 8' for pedestrian traffic; and

WHEREAS, The sidewalk registers medium to heavy pedestrian traffic; and

WHEREAS, The current configuration leaves too little space for a service aisle; and

WHEREAS, Based on the CB5's concerns, the applicant has agreed to reduce the footprint of the café to 1 tables and 3 seats, allowing for a larger service aisle, and

WHEREAS, The sidewalk café would close no later than 10 PM from Sunday to Wednesday, and 11 PM from Thursday to Saturday; and

RESOLVED, That Community Board Five recommends approval of the application, JDP Restaurant LLC at 202 West 36^th Street, for an unenclosed sidewalk café with the condition that there be only 1 table with 3 seats.

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

WHEREAS, The proposed site falls within CB5 moratorium on new street furniture, and

WHEREAS, The proposed newsstand, across from the Empire State Building, would negatively impact pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, There are no newsstands on 5th Avenue between 25th Street and 82nd Street, and

WHEREAS, Installing a newsstand would set an unfortunate precedent and would create visual clutter on the prestigious avenue, and

WHEREAS, The New York City Design Commission has rejected newsstands proposed for the Fifth Avenue Special District stating, "The Commission notes that the zoned, Fifth Avenue Special Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands, will severely detract from its attractiveness and effectiveness."

WHEREAS, Community Board Five recognizes that 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 on NEC 5^TH AVE & East 33^rd Street, 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 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site is heavily congested with pedestrian traffic; and

WHEREAS, The proposed site falls within CB5 moratorium on new street furniture; and

WHEREAS, The proposed site is over a vault; and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition; and

WHEREAS, The 34^th Street Partnership expressed their strong opposition to the newsstand under 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

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC every day; and

WHEREAS, Community Board 5 recognizes that 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 on n/e/c Broadway and West 35^th Street; 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 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site is heavily congested with pedestrian traffic, in front of the Time-Life Building, and across from Radio City Music Hall), and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC every day; and

WHEREAS, The proposed newsstand would have an adverse impact on several architectural elements of this block:

- On this part of 6^th Avenue, also known as Avenue of the Americas, the sidewalk has a significant serpentine pattern (which extends to the inside lobby.) to evoke the famed sidewalks of Copacabana in Rio de Janeiro,

- The Time & Life blue metal sculpture designed by William Crovello

- The Time & Life fountains

- The Time & Life building itself (a designated Landmark since 1962), and

WHEREAS, Community Board 5 recognizes that 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 5 recommends denial of the application to install a newsstand on NWC 6^TH Ave & West 50^th Street, 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 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site is heavily congested with pedestrian traffic, and

WHEREAS, The proposed site falls within CB5 moratorium on new street furniture, and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, Community Board 5 recognizes that 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 on N/W/C Broadway and West 45^th Street, 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 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site is heavily congested with pedestrian traffic, and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC every day; and

WHEREAS, Community Board Five recognizes that 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 on SEC 45^TH Street and 7^th 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 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site falls within CB5 moratorium on new street furniture, and

WHEREAS, The proposed site is heavily congested with pedestrian traffic, and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC every day; and

WHEREAS, Community Board Five recognizes that 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 on SEC 46^th Street and Broadway.

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 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site falls within CB5 moratorium on new street furniture, and

WHEREAS, The proposed site is heavily congested with pedestrian traffic, and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC every day; and

WHEREAS, Community Board Five recognizes that 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 on SWC 42^nd Street and Broadway.

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 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The proposed site is heavily congested with pedestrian traffic, and

WHEREAS, The proposed newsstand would negatively impact on pedestrian traffic by creating further congestion, thus creating an unsafe condition, and

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC every day; and

WHEREAS, The proposed site is in front of a building in construction and therefore it is impossible to know that the proposed newsstand would be in compliance vis-à-vis the new building, and

WHEREAS, Community Board Five recognizes that 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 on SWC 53^rd St. & Madison 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 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, A copy of this letter was made available to the Landmarks Committee of CB5 October 5, 2010, the same date as its Landmarks Committee Meeting; and

WHEREAS, This extremely late notice did not provide adequate time for members of CB5 to investigate and visit the site proposed for designation; and

WHEREAS, LPC has been repeatedly unresponsive to CB5's previous requests for postponement of hearings when the CB5 Monthly Calendar did not provide appropriate time for CB5 to perform its advisory role pursuant to Section 25-313 of the Administrative Code of NYC; and

WHEREAS, CB5 regards its advisory role seriously and was forced to act on this Proposed Designation with the limited information provided by LPC, a brief one page narrative including only one photograph, or be put in the position of not be heard at all by LPC; and 

WHEREAS, Hotel Wolcott was designed in the Beaux Arts tradtion by John H. Duncan, one of the City's most prominent architects at the turn of the last century; and

WHEREAS, Duncan is best known as the designer of the Soldiers' and Sailors' Memorial Arch at Grand Army Plaza, Brooklyn and the General Ulysses S. Grant Tomb in Riverside Park, Manhattan; and

WHEREAS, The 12-story Hotel Wolcott is clad in limestone and clad brick, with a two-and-one-half-story rusticated base, two central bays of windows arranged with continuous elaborate metal oriels, decorative metal balconies, a profusion of carved stone ornament including cartouches and heads, a prominent modillioned cornice and a two-story mansard roof with dormers; and

WHEREAS, Over the years its occupants have included Henry Miller, Edith Wharton and Buddy Holly when it was a more fashionable hotel, and is now operated as a "discount" lodging, but retains its imposing facade very much intact; therefore, be it

RESOLVED, CB5 recommends approval of Hotel Wolcott, 4-10 West 31st Street (Fifth Avenue/Broadway) as a New York City Landmark.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, 370 Park Avenue, is an individual NYC Landmark (New York Racquet and Tennis Club) designed  by McKim, Mead & White, completed in 1918, located on the west side of Park Avenue (between E. 52^nd and E. 53^rd Streets); and

WHEREAS, American Express, a retail tenant in the building, has applied to the NYC Landmarks Preservation Commission ("LPC") for approval of a new storefront design; and

WHEREAS, the existing storefront contains a blue fabric covered awning, which was added pre-designation, a double glass and steel door and an old ATM machine that has not been operational for years; and

WHEREAS, the proposed scope of work is to re-clad the awning with fabric of the same, existing blue color, add lighting to the underside of the awning, remove the old ATM machine and replace that area as well as the existing double door with a new, double door butt joint, glass and stainless steel entrance; and

WHEREAS, the proposed re-cladding of the awning and removal of the non-functioning ATM are consonant with the historic fabric of the building; and 

WHEREAS, the proposed addition of lighting to the awning and replacement of the existing entry door and ATM with a very modern looking, double glass door entrance are not considered complementary to the historic fabric of the building; and 

WHEREAS, the three entrance doorways should have a more cohesive, historically appropriate design that may be achieved with a master plan for all of the retail storefronts; therefore, be it

RESOLVED, Community Board Five recommends denial of the application for American Express' storefront proposal at 370 Park Avenue since the proposed design is considered too modern, not harmonious with the other entry doors on Park Avenue and inappropriate for the historic character of the building.

The above resolution passed by a vote of 32 in favor; 2 opposed; 1 abstaining.

WHEREAS, NYC Landmarks Preservation Commission ("LPC") has notified Community Board Five ("CB5") of a Public Hearing to be held October 26, 2010 concerning the Proposed Designation of Mills Hotel No. 3, 485 Seventh Avenue , ( 155-63 West 36th Street) in a letter dated October 4, 2010; and

WHEREAS, a copy this letter was made available to the Landmarks Committee of CB5 October 5, 2010, the same date as its Landmarks Committee Meeting; and

WHEREAS, this extremely late notice did not provide adequate time for members of CB5 to investigate and visit the site proposed for designation; and

WHEREAS, LPC has been repeatedly unresponsive to CB5's previous requests for postponement of hearings when the CB5 Monthly Calendar did not provide appropriate time for CB5 to perform its Advisory role pursuant to Section 25-313 of the Administrative Code of NYC; and

WHEREAS, CB5 regards its Advisory role seriously and was forced to act on this Proposed Designation with the limited information provided by LPC, a brief one page narrative including only one photograph, or be put in the position of not being heard at all by LPC; and 

WHEREAS, 485 Seventh Avenue was the third and largest of three model residential hotels for single working men built by Darius Ogden Mills at the turn of the 20th Century, rising 16 stories in a neo-Renaissance building, with 1,885 single rooms, each with a window opening onto a street or a courtyard; and

WHEREAS, The Mills Hotel No. 3 was described by the New York Times as the "world's biggest hotel" and the "finest for the use of men of limited means" built in 1906-07 by Mills, a banker and philanthropist, especially concerned with the problems of housing the poor; and

WHEREAS, Mills was inspired by the architect, Ernest Flagg, who revolutionized the thinking about low cost urban housing in an article in Scribner's Magazine by calling for a new building type based on a 100-foot wide module, incorporating a central light court which would employ fewer wall enclosures, corridors and partitions than the traditional conventionally-planned tenement, resulting in greater room space, light, ventilation and fire protection; and

WHEREAS, This building and the two other Mills buildings (Mills No. 1, 160 Bleecker Street and  Mills No. 2, Rivington and Chrystie Streets) were the first in the country to realize these ideas and they served as the prototypes for future model tenements; and

WHEREAS, The building originally included amenities such as sitting rooms and lounges, a library-reading room, restaurant, barbershop and laundry; and

WHEREAS, Mills commissioned the architectural firm Copeland and Dole to design the building shortly after the construction of Pennsylvania Station; and

WHEREAS, The building's facades were "intended to present an impressive yet simple appearance," clad with limestone, light-colored brick and terra cotta, featuring some string courses, and cornices, fielded panels, cartouches, lion heads and a richly embellished Renaissance copper cornice; and 

WHEREAS, The architectural configuration, combined with its historic and cultural importance, qualify this building for Landmark status; therefore, be it

RESOLVED, CB5 recommends approval of Mills Hotel No. 3, 485 Seventh Avenue, (155-63 West 36th Street) as a NYC Landmark.

The above resolution passed by a vote of 31 in favor; 3 opposed; 1 abstaining.

WHEREAS, NYC Landmarks Preservation Commission ("LPC") has notified Community Board Five ("CB5") of a Public Hearing to be held October 26, 2010 concerning the Proposed Designation of 500 Fifth Avenue, (1-9 West 42nd Street) in a letter dated October 4, 2010; and

WHEREAS, a copy this letter was made available to the Landmarks Committee of CB5 October 5, 2010, the same date as its Landmarks Committee Meeting; and

WHEREAS, this extremely late notice did not provide adequate time for members of CB5 to investigate and visit the site proposed for designation; and

WHEREAS, LPC has been repeatedly unresponsive to CB5's previous requests for postponement of hearings when the CB5 Monthly Calendar did not provide appropriate time for CB5 to perform its Advisory role pursuant to Section 25-313 of the Administrative Code of NYC; and

WHEREAS, CB5 regards its Advisory role seriously and was forced to act on this Proposed Designation with the limited information provided by LPC, a brief one page narrative including only one photograph, or be put in the position of not being heard at all by LPC; and 

WHEREAS, 500 Fifth Avenue, (1-9 West 42nd Street) was designed by Shreve, Lamb and Harmon and was built in 1929-31 concurrently with their greatest achievement eight blocks south, the Empire State Building; and

WHEREAS, 500 Fifth Avenue is a soaring 59-story Art Deco skyscraper built on the NW corner of Fifth Avenue and West 42nd Street on site measuring 100 feet by 208 feet, to the maximum height and bulk allowable under the 1916 zoning code on two zoning lots, resulting in it having asymmetrically massed, differing setback requirements; and

WHEREAS, The building is sheathed in limestone, terra cotta and buff brick with its facades enriched with Art Deco motifs to accentuate the sculptural massing, all designed and arranged to emphasize the building's verticality; and

WHEREAS, The Architects are known for their other skyscraper designs in NYC and elsewhere including the Bankers Trust Building, 14 Wall Street, a designated NYC Landmark; and 

WHEREAS, The building has housed numerous important office and retail tenants throughout the years including the Austrian and Japanese Consulates and continues to command its prominent retail location; therefore, be it

RESOLVED, CB5 recommends approval of the Designation of 500 Fifth Avenue as a NYC Landmark.

The above resolution passed by a vote of 34 in favor; 0 opposed; 1 abstaining.

WHEREAS, The Applicant's building is located at 1182 Broadway (the "Building") between 28^th and 29^th Streets, and has filed an application pursuant to Section 74-711 of the Zoning Resolution to modify the use of floors 6 through 16 of an existing 16-story building in the Madison Square North Historic District from commercial/manufacturing use to residential use; and

WHEREAS, The building is currently located in an M1-6 district that allows commercial and manufacturing uses, but not residential use; and

WHEREAS, The building was erected in 1910 and was purchased by the current owners in 1977; and

WHEREAS, From 1977 until 1997 the building was maintained and leased solely as commercial space in accordance with the building's zoning; and

WHEREAS, In 1997, floors 6 through 16 of the Building were converted to residential use in contravention of the Zoning Resolution; and

WHEREAS, In March 2010, DOB issued a vacate order because the Applicant informed City Planning that the building was occupied residentially and lacked a second means of egress and City Planning then informed DOB of same; and

WHEREAS, CB5 appreciates the efforts of the Applicant and its counsel for taking the appropriate steps to rectify a use in violation of the Zoning Resolution and encourages all landlords to voluntarily come forward to rectify known misapplications of the Zoning Resolution; and

WHEREAS, In order to approve a 74-711 change of use, the Applicant submitted a preservation plan for the building, and the Applicant received a Certificate of Appropriateness from the Landmark Preservation Commission, and

WHEREAS, CB5's objection to the project does not relate to the Applicant's preservation plan; and

WHEREAS, Although the Applicant stated that the 4,371 sq. ft. floor plates were too small for commercial uses, they currently have three commercial tenants, identified as a real estate firm, a trading firm, and a consulting firm, occupying parts of the bottom five floors; and

WHEREAS, CB5 believes that the building is suitable for commercial use because all floors have the same floor plates and therefore the higher floors can be used in the same manner as the lower floors; and

WHEREAS, Although the current economic downturn has affected the New York real estate market and reduced the demand for Class-B office space, CB5 is very concerned about the long term effects of the loss of Class-B office space in the district; and

WHEREAS, CB5 encourages the preservation of low cost office space for the development of small businesses and non-profits in order to maintain economic diversity in Manhattan's midtown commercial district; and

WHEREAS, Although CB5 recognizes that the proposed conversion will be mixed use, which CB5 generally finds is a positive contribution to street life and neighborhood viability, the overall project decreases the usable stock of Class-B office stock in the neighborhood, one that is historically commercial and adjacent to the commercial Flatiron and Garment Center neighborhoods; and

WHEREAS, Although CB5 agrees with the Applicant that the building could function well as a residential building because of the upper floor access to light and air, CB5 finds that preservation of commercial and manufacturing use in the neighborhood is a necessary use and more appropriate for the neighborhood; and

WHEREAS, CB5 is concerned with individual use changes and conversions in the neighborhood immediately north of Madison Square Park; and

WHEREAS, CB5 recognizes that the area immediately north of Madison Square Park is undergoing rapid changes with the opening of many new hotels and increased nightlife and street activity, and encourages the City Planning Commission to engage in a study of the neighborhood to determine if there is a need for any potential large-scale zoning changes; therefore be it

RESOLVED, That Community Board Five recommends denial of ULURP # 080361 ZSM, 1182 Broadway, application for a special permit pursuant to Section 74-711 of the ZR to modify the use provisions of Sections 15-021(c), 42-00 and 42-133(a) to allow residential use in floors 6 through 16 plus penthouse of an existing building located in an M1-6 zoning district in the Madison Square North Historic District in Manhattan.

The above resolution passed by a vote of 21 in favor, 16 opposed, 1 abstaining.

WHEREAS, The City Planning Department has examined each section of the Zoning Resolution which uses the terms "development" or "building" and has concluded that in order to clarify the meaning of the regulations consistent with their intent, it is necessary to amend these definitions; and

WHEREAS, Currently, vagueness in the definition of "development" means that the term can refer to either a single building, a single new or existing building or all buildings on a single zoning lot; and

WHEREAS, The new definition of "development" will only be applied to new buildings, the term "building" will mean only structure bounded by open areas or fire walls, and the term "zoning lot" will refer to all buildings on a single zoning lot; and

WHEREAS, The new text amendment will also clarify height and setback rules, retail continuity, and demolition/alterations; and

WHEREAS, The new definitions are being created to provide clarity for the property owners, the public, the Department of Buildings and developers; therefore be it

RESOLVED, That CB5 recommends approval of the key term text amendment from the Department of City Planning.

The above resolution passed by a vote of 37 in favor, 0 opposed, 1 abstaining.

WHEREAS, The event would be free and open to the public and conducted as a part of The Pockets Project, an interactive art exhibit where the public can empty their pockets or bags of clutter into glass jars, creating time capsules, which will go into Art-House Co-op's permanent collection in Brooklyn; and

WHEREAS, The event would require only a small, non-intrusive foot print, allowing for an 8'-0" X 3'-0" table on which twenty (20) two gallon jars would be set-up; and

WHEREAS, There would be no corporate signage, only minimal information displayed about the project and Art House Co-op; and

WHEREAS, There would be three or four staff members directing people to the jars, and stickers and an informational flyer about the jars would be handed out; and

WHEREAS, The Pockets Project has recently been conducted in Atlanta, where this received positive feedback, and the proposed special event requires a small amount of space, is brief in duration and has unique artistic and participatory aspects; therefore, be it

RESOLVED, That Community Board Five recommends approval of Art House Co-op's application to conduct a special event in Father Duffy Square on Monday October 18, 2010, as part of The Pockets Project.

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

WHEREAS, KWP Studios, Inc. has submitted an application seeking permission to tape an episode of The Rachel Ray Show featuring the World's Largest Cooking Demonstration, in Father Duffy Square on Tuesday October 26, 2010, between the hours of 1:00 PM and 3:00 PM, requiring load-in and set-up to begin at Midnight on Tuesday October 26, and dismantling, clean-up and load out to be completed by Midnight on Wednesday October 27; and

WHEREAS, The event would include lighting and sound as required for a television taping; and

WHEREAS, There would be no invited audience; and

WHEREAS, There would be no traffic closures and no handouts at the proposed event; and

WHEREAS, The producers have already met with the police and fire departments, and based on those meetings they have made changes to their proposed event, which would permit the maximum amount of public access at all times except during the two hour period of the actual taping; therefore, be it

RESOLVED, That Community Board Five recommends approval of KWP Studios, Inc. application to conduct a special event in Father Duffy Square on Tuesday October 26, 2010, in order to shoot an episode of The Rachael Ray Show.

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

WHEREAS, Yeshiva University has submitted an application seeking permission to conduct a special event in Union Square Park on Sunday October 17, 2010; and

WHEREAS, The applicant was invited, yet failed to attend Community Board Five's Parks Committee meeting on Monday October 4, 2010 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 Yeshiva University to conduct a special event in Union Square Park on Sunday October 17, 2010.

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

WHEREAS, The principal of Applicant is an experienced restaurateur, with an impressive resume and a list of successful, well-known, and highly reputable restaurants'; and

WHEREAS, The Applicant has appeared before Community Board Five in the past and has before received approval for a new liquor license at another location, which venture did not proceed to fruition; and

WHEREAS, The proposed method of operation at the Premises as a "white table cloth" restaurant and only as a restaurant is a positive change from the previous operation at the Premises which was a problematic club; and

WHEREAS, The Premises consists of approximately 5,000 square feet of indoor space on the ground floor, plus additional basement space to be used only for storage, offices, and kitchen prep area; and

WHEREAS, The Premises will be operated exclusively as a restaurant with a patron bar and an approximate total of 160 seats (including banquette seating); and

WHEREAS, Estimated patron usage is limited to 268 including kitchen staff and all personnel in accordance with the current Certificate of Occupancy; and

WHEREAS, The Premises will include 1 patron bar and 1 service bar; and

WHEREAS, Applicant shall:

a.       operate the Premises as a restaurant with seated bar and dining service only. Private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

b.      not use promoters;

c.       limit hours of operation from 11:00 am to 12:30 am Sunday through Thursday and 11:00 am through 1:00 AM Fridays and Saturdays (applicant will return to CB5 in six months to evaluate the success of the agreed upon restrictions);

d.      at all times use best efforts to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

e.       use best efforts to clear all garbage and debris from the area in front of and surrounding the premises immediately after closing;

f.       use recorded music inside premises only; and at no time employ or use a DJ or other form of live music;

g.       prohibit dancing at the Premises at all times and further agree to not apply for a cabaret license;

h.      not utilize an exterior "velvet rope" door policy. Exterior queuing required for purposes of maintaining legal capacity shall be permitted so long as Applicant has an employee responsible for maintaining the orderliness of patrons;

i.        discourage customers from loitering outside the Premises at any time;

j.        arrange for private garbage pick-up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;

k.      strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

l.        meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Darren Berman ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("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 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by DBRB LLC for a new on-premises liquor license for the ground floor restaurant located at 17 West 19^TH Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining:.

WHEREAS, The Premises consist of 10,000 square feet of space on the ground floor and 2,000 on the basement level, with the basement level being used solely for storage, bathrooms, office space and a food preparation area; and

WHEREAS, The Premises is a two-part establishment with one side operated exclusively as a restaurant and bar with 20 tables and 144 seats (including banquette seating) for dining and 18 bar stools; and the other side operated exclusively as a gentlemen's club, with 22 tables and 61 seats (including banquette seating) and 11 bar stools; and

WHEREAS, The principals of Applicant are not the principals of the current operator and Applicant plans to take over the Premises and refurbish it; and

WHEREAS, The new restaurant operation will replace what is now a quasi-restaurant/quasi-nightclub operation, and will have fewer tables and chairs and a lesser capacity than the existing operation; and

WHEREAS, The gentlemen's club will remain as such although it will be refurbished and will have fewer tables and chairs and a lesser capacity than the existing operation; and

WHEREAS, The Applicant has agreed that it shall:

a)      operate the premises as a restaurant and gentlemen's club with seated bar and dining service only.

b)      permit private parties and corporate, but will strictly prohibit promoter-driven events;

c)      employ a dedicated security detail at all times, numbering no less than 5 personnel in and in front of the Premises to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet, and respectful manner, (iii) discourage patrons from congregating outside the Premises, (iv) quickly clear the street of all patrons immediately after closing. Security personnel shall be at all times be directed and supervised by employees of Applicant;

d)      maintain a waiting area within the Premises so as to prevent lines of patrons from ever forming on the street;

e)      strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

f)       use best efforts to discourage customers from loitering outside the Premises at any time, whether for smoking, cell-phone use, or any other purpose;

g)      use a state-of-the-art sound system and sound proofing to prevent sound leakage onto the street;

h)      arrange for private garbage pick-up and store garbage in a manner so as not to cause a disturbance or annoyance to its neighbors, and arrange for a special detail to clean the street outside the Premises after closing every night;

i)        meet with neighbors and CB5 if requested, and provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community.

WHEREAS, Applicant agreed to return to CB5 in six (6) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made; and

WHEREAS, Should Simone Mir ever contemplate a transfer of his interest in Applicant so he does not have a controlling management interest in Applicant ("transfer" being deemed to include a change in control of any entity or the transfer of a majority interest in an entity), notice shall be given to CBS before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein;

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Simone Mir or an entity to be formed by him for a new on premises liquor license for the ground floor restaurant and gentlemen's club located at 33-39 East 21st Street, New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining.

WHEREAS, Jack Menashe, on behalf of Limelight Pub LLC ("Applicant"), has notified Community Board Five of its intention to apply for a new liquor license for the ground floor restaurant to be located at the premises leased to Applicant on the ground and second floors of the Limelight Marketplace located at 47 West 20^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Applicant is a joint venture between the Limelight Marketplace and Todd English Restaurants; and

WHEREAS, Applicant is an experienced restaurateur, with an impressive resume and a list of successful, well-known, and highly reputable restaurants'; and

WHEREAS, The proposed method of operation at the Premises as a restaurant and only as a restaurant is a positive change from the previously abandoned condition of the space and the former operation at the Premises which was a problematic club; and

WHEREAS, The Premises consists of 500 square feet of public indoor space on the ground floor, with 5 tables and 20 seats; 850 square feet of public indoor space on the second floor, with 11 tables and 34 seats; and 1,400 square feet of back-of-house space on the second floor and in the basement, to be used only for storage, offices, and full kitchen; and

WHEREAS, The Premises includes 1,865 square feet of outdoor space on the ground floor; 1,250 of which will be used for outdoor dining, with 12 tables and 48 seats; an additional 280 square feet area west of the entrance passageway will not be utilized; and

WHEREAS, The Premises will be operated exclusively as a restaurant, with a combined total of 28 tables and 92 seats for indoor and outdoor dining, and 23 bar stools at the indoor patron bars; and

WHEREAS, The Premises will include 3 indoor patron bars and no service bars; with no licensed patron or service bars in the outdoor space; and

WHEREAS, Applicant shall:

a.                   operate the Premises as a restaurant with seated bar and dining service only. Private parties shall be deemed included in restaurant use but promoter-driven events are specifically excluded from restaurant use;

b.                  restrict the use of any outdoor space to table dining service only, with the areas closed and patrons dispersed no later than 10:00PM Sunday through Thursday nights and 11:00PM Friday and Saturday nights; in full accordance with CB5's Outdoor Operations guidelines;

c.                   maintain operating hours indoors, closing no later than 12:30AM Sunday through Thursday nights and 1:00AM Friday and Saturday nights; with extension of hours to be considered by CB5 at applicant's request after 6 months of operation;

d.                  maintain dedicated security personnel in and in front of the Premises at all times to (i) maintain order both inside and outside of the Premises; (ii) ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner; (iii) discourage patrons from congregating outside the Premises, and (iv) use best efforts to clear the area outside the Premises of all patrons immediately after closing. Security personnel shall be employees of Applicant, or if third-party security personnel are used, such personnel shall at all times be directed and supervised by employees of Applicant;

e.                   ensure that sound does not leak at any time from the inside of the Premises through the walls, windows, or doors to neighboring residences; with no amplified sound in the outdoor space at any time;

f.                   prohibit dancing at the Premises at all times;

g.                  not apply for a cabaret license;

h.                  keep amplified music at a background level, conducive to an eating establishment only; and not incorporate a DJ or live music at any time;

i.                    maintain an interior space at all times for purposes of queuing patrons; using best efforts, including monitoring by security personnel, to restrict the number of patrons queuing in the outdoor space and to keep noise to an absolute minimum;

j.                    discourage customers from loitering outside the Premises at any time;

k.                  arrange for private garbage pick-up; with one pick-up for multiple operations at the Premises; and store garbage in a manner so as not to cause a disturbance or annoyance to its neighbors;

l.                    strictly comply with and adhere to the plans for the operation of the business, as set forth herein;

m.                meet with neighbors and CB5 if requested and shall provide a 24-hour hotline to a live manager or owner to immediately address any complaints from the community; and

WHEREAS, Applicant shall return to CB5 in six (6) months to evaluate the success of the restrictions now established to minimize disturbance of the residents in the vicinity of the Premises; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises ("transfer" being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Jack Menashe ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant ("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 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Limelight Pub LLC for a new liquor license for the ground floor restaurant to be located at 47 West 20^th Street (between Fifth and Sixth Avenues), New York, New York, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 37 in favor; 0 opposed; 1 abstaining.