September 2011

The following newsstand applications were presented to the Full Board and were denied:

• SWC 57th & 5th
• SEC 45th & BW
• SEC 46th & 7th
• NWC 23rd & 5th
• NWC 41st & 6th
•  NEC 53rd &7th
• NEC 58th & BW
• SWC 43rd & 7th
• NWC48th & BW

WHEREAS,  2 East 52nd Street aka 651-653 Fifth Avenue (Morton and Nellie Plant House), now occupied by the retail store Cartier, is an individually landmarked building, built in 1905 as a residence for the Plant Family in an era when Fifth Avenue housed the mansions of the Astors, Goulds, Belmonts and Vanderbilts; and

WHEREAS, Cartier has been a continuous occupant of the building for 94 years and has had a prominent retail presence at this location making it an integral part of the Fifth Avenue Shopping District; and 

WHEREAS, Cartier, has applied to modify the Fifth Avenue storefront by reducing the four existing bays to three bays, improving the appearance and access to the building using materials and design elements consonant with the existing building; and

WHEREAS, The application includes the removal of a non-historic canopy on the East 52nd Street facade; and

WHEREAS, The Applicant requests approval of a 550 sq. ft. rooftop addition, not visible from the street, for use as an event space in conjunction with an existing rooftop terrace area; therefore, be it 

RESOLVED, Community Board Five recommends approval of the application for storefront modifications, removal of a canopy and construction of a rooftop addition at 2-4 East 52nd Street, aka 651-653 Fifth Avenue, (Cartier).

The above resolution passed by a vote of 35 in favor; 0 opposed; 2 abstaining.

WHEREAS, 5 West 16th Street is a Greek Revival style townhouse, built circa 1846, and is an individual NYC Landmark; and

WHEREAS, The building was altered in 1894 and 1912 to accommodate commercial uses at the lower floors and a penthouse addition was constructed in 1918; and

WHEREAS, The Applicant is requesting approval to construct a barrier-free access ramp to the lower level and to alter the storefront in accordance with plans and drawings presented to Community Board Five on August 30, 2011; and

WHEREAS, This work will address two minor LPC violations reported to CB 5 by the owner's architect, although there is no reference to Open Violations in the NYC DOB online site; and

WHEREAS, The work will also significantly improve the appearance of the building; therefore, be it

RESOLVED, Community Board Five recommends approval of the application for 5 West 16th Street to install a barrier-free access ramp and to alter the storefront.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, 137 Fifth Avenue, a twelve story Neo-Renaissance storefront and loft structure is located in the Ladies Mile Historic District; and

WHEREAS, the 1902 era façade remains intact except for the Fifth Avenue ground floor storefront composed of anodized aluminum and glass materials; and

WHEREAS, the Applicant, a retail store,  has proposed to replace the non-historic infill with a design based on historic tax photos, namely a bay shaped, wood panel storefront more in keeping with the building's original architectural design and materials; and

WHEREAS, to lessen the visual impact of non-historic ADA door openers and intercoms they will be moved from the front of the façade to return panels; and

WHEREAS, a proposed blade sign falls within the NYC LPC rules; and

WHEREAS, some concerns were expressed regarding the placement of recessed lights within the historic canopy and with the modern nature of in the proposed door handles, however, the other historic elements above the first floor will remain undisturbed; therefore, be it

RESOLVED, that Community Board 5 recommends approval of the application for a new storefront and entries at 137 Fifth Avenue. 

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, 301 Park Avenue, The Waldorf Astoria Hotel, an Art Deco style skyscraper, designed by Schultze & Weaver and built in 1931, has been an individual NYC Landmark since 1993; and

WHEREAS, An Application from its owner, Hilton Hotels, has been filed with LPC 

1. to install a new marquee, 

2. alter the motor court and 

3. make street level facade improvements; and

WHEREAS, Although the original building did not have any canopies, awnings or marquees, the Waldorf, like most other prominent hotels, has had various sidewalk coverings over its entrance doors over the years; and

WHEREAS, At the time of designation the hotel had canopies at its entrances including one at this location; and

WHEREAS, The Waldorf is seeking approval for a new frosted glass and structural steel tubing marquee, with the steel clad in nickel silver, in three sections relating to the three Park Avenue entrance portals, all in one continuous form with glass connecting the three sections; and

WHEREAS, The new canopy is similar to another marquee also containing large areas of glass, approved by CB5 and LPC, for Carnegie Hall which enhanced the visibility of that  Landmark building from the street, as this marquee is similarly designed to do for the Waldorf; and

WHEREAS, The new marquee will use the four existing tieback or anchor rods and two more matching rods (removable) will be installed into the Indiana Limestone facade, for symmetry purposes; and

WHEREAS, The design of the new marquee is not intended to mimic the Art Deco building design, however it is deemed to be harmonious with the building's appearance and could be removed, in the future if necessary, with no serious damage to the building, requiring only minor cosmetic patching; and

WHEREAS, The through-block motor court from East 49th to East 50th Streets is not specifically described in the LPC Designation Report, it is in need of upgrading  both functionally and visually and the Application includes extensive alterations and improvements; and

WHEREAS, The Application will also cover street level storefront and facade improvements, restoration and upgrades relating to storefronts, grills, storage rooms, dumpster areas, etc. on both East 49th and East 50th Streets; and

WHEREAS, The Applicant has had its Security Department review all the proposed changes for compliance with security requirements for heads of state and other high level risks posed by visitors to the hotel; therefore, be it

RESOLVED, Community Board Five recommends approval of the Application by Hilton Hotels for 301 Park Avenue, the Waldorf Astoria Hotel, to install a new marquee, alter the motor court and other facade improvements.

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

WHEREAS, The Plaza Hotel located at 768 - 770 Fifth Avenue is an Individual NYC Landmark, with portions of its interior including the Oak Bar, a Tudor Revival/Jacobethan Revival style room, specifically part of the designated Landmark; and

WHEREAS, The Oak Bar has been renovated, altered and redecorated over the years and a new prospective tenant, identifying itself as Victory Real Estate ("Victory") is negotiating with the owners of the Plaza, Elad Properties, to lease the Oak Bar, contingent  on obtaining approval from LPC for additional alterations; and

WHEREAS, Victory has applied to LPC for Approval to create a new opening and doorway at the westerly side of the Oak Bar to allow for access to a non-designated corridor (containing conduits, a sound  system and other equipment) between the bar and the Oak Room; and

WHEREAS,  A new stairway will be constructed  in this non-designated corridor leading to rest rooms to be located in the basement of the Hotel, directly below the Oak Bar, for the use of patrons of the Oak Bar; and

WHEREAS, Victory views this opening and door as a necessary amenity for the bar patrons who now have to exit the Oak Bar and use an inconvenient  stairway across a hallway to get to rest rooms in the basement "Food Hall" of the hotel; and

WHEREAS, The proposed opening, measuring 4 ft. wide X 6 ft. 8 in. high, would be cut through non-original wood paneling; and 

WHEREAS, The new door would have hinges facing the non-designated area and would be faced with similar wood paneling on its reverse side as it has on the front to minimize any visual impact when the door is opened; and

WHEREAS, Victory has agreed to present any proposed signage for the new doorway, if it the alteration is approved by LPC, to CB5 for its review and comments; therefore, be it

RESOLVED, Community Board Five recommends approval of the application to create a new interior opening and doorway at the westerly side of the Oak Bar, Plaza Hotel, 768 - 770 Fifth Avenue. 

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Alliance has submitted an application to celebrate Daffy's 50^th Anniversary with a Cakewalk in Greeley Square Park; and

WHEREAS, The event would take place on Thursday, September 22nd, 2011, from 4:00 pm to 8:00 pm, with set-up beginning at 12:00 am and clean-up concluding by 11:00 pm; and

WHEREAS, The event would consist of a fashion show and media interviews in honor of Daffy's 50^th anniversary and in celebration of Daffy's presence as a local retailer; and

WHEREAS, Although the event would utilize a stage, runway and amplified sound, no site plan or signage plan was presented to Community Board Five; and

WHEREAS, The 34^th Street Partnership is supportive of this event as a way to engage a local retailer in the business improvement district; and

WHEREAS, Daffy's will make a $35,000 contribution to the 34^th Street Partnership in connection with this event; and

WHEREAS, While Community Board Five acknowledges that Greeley Square Park is located with the Fashion District and that a fashion show is appropriate for this area, this event primarily benefits a single commercial retailer; and

WHEREAS, Community Board Five generally discourages commercial use of New York City parks; and

WHEREAS, Without a site plan or a signage plan, Community Board Five is unable judge the scale of the event within the park or the extent of the commercial presence; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application from Alliance for a Daffy's 50^th Anniversary Cakewalk event in Greeley Square Park on Thursday, September 22nd, 2011.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Eventage has submitted an application to conduct a special event in the North Plaza of Union Square Park on Thursday September 15, 2011, between the hours of 10:00 AM and 2:00 PM, with set-up to begin at Midnight and clean-up to be completed by 5:00 PM; and

WHEREAS, The proposed special event would mostly serve as a promotion for a new Bird's Eye Frozen Veggies product line, with some lesser effort being made to draw attention to, and to benefit, Share Our Strength, whose "No Kid Hungry" campaign provides meals to hungry children; and

WHEREAS, The proposed special event would require a footprint of approximately one third of the North Plaza, in which branded staging and booths would set-up, including a mobile sound stage featuring a cooking demo by celebrity chef Marcus Samuelsson; and

WHEREAS, The branded signage would be predominantly for Bird's Eye, and much less so for Share Our Strength; and

WHEREAS, In addition, there would be Bird's Eye brand ambassadors walking around with iPads to enable and encourage the public to sign-up for the Facebook page which promotes their new products; and

WHEREAS, At this time, it is not known if the applicants would be making a donation to the Union Square Partnership in order help fund the ongoing operation and maintenance of the park; and

WHEREAS, This is essentially a commercial product launch that takes up a large amount of park space and Community Board Five discourages such highly commercial use of New York City parks; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application from Eventage to conduct a promotional and sampling event for Bird's Eye Frozen Veggies in the North Plaza of Union Square Park on Thursday September 15, 2011.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Gibney Dance Center has submitted an application to conduct a contemporary dance performance in the South Plaza of Union Square Park on Friday October 14, 2011, between the hours of 6:00 PM and 7:00 PM, with set-up to begin at 3:00 PM and clean-up to be completed by 8:00 PM; and

WHEREAS, Gibney Dance Center is located at 890 Broadway, just a short distance from Union Square Park; and

WHEREAS, The proposed special event would feature 10 to 15 minute long performances by four local dance companies that rehearse at the Gibney Dance Center; and

WHEREAS, The applicant has agreed to contact and coordinate with the Union Square Partnership, and will apply for and obtain a permit for amplified sound; and

WHEREAS, The proposed special event would be brief in duration, would require a modest 20'-0" X 20'-0 foot print, would be conducted free of charge and open to the public, would not involve the sale of any merchandise, and would not feature any commercially promotional signage or banners; therefore, be it

RESOLVED, That Community Board Five recommends approval of Gibney Dance Center's application to conduct a special event in Union Square Park on Friday October 14, 2011.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Street Virus has submitted an application on behalf of their client The Walt Disney Company to conduct a children's book reading  which would take place in Greeley Square on Saturday, October 1, 2011 from 11:00 am to 2:00 pm; and

WHEREAS, Setup for the proposed event would begin at 8:00 am and end at 4:00 pm; and

WHEREAS, The event will be free of charge and open to the public, and

WHEREAS, The event will be advertised via the New York Public Library, local businesses and online publications, and

WHEREAS, During the event actors, dressed as characters from the book, will read and act out select scenes from the new book, and

WHEREAS, The event would include amplified sound, and free pamphlets and materials will be handed out, and

WHEREAS, The audience will be children, ages 9-14 and their parents, and

WHEREAS, The proposed event would be promoting a new Disney children's book, and

WHEREAS, Although the proposed event might be of some benefit to the community, the event also has a commercial nature the extent of which cannot be determined due to the applicant's lack of supporting materials - site plan, signage examples, amount and type of equipment being brought in; therefore be it 

RESOLVED, That Community Board Five recommends denial of the application for the Street Virus event in Greeley Park on Saturday, Oct 1, 2011.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Weber Shandwick has submitted an application to hold a portion of the Western Digital Freedom Quest on the South Plaza of Union Square Park; and

WHEREAS, The event would take place on Friday,  October 7th, 2011, from 11:00 am to 3:00 pm, with set-up beginning at 7:30 am and clean-up concluding by 5:00 pm; and

WHEREAS, The event would be a product launch for Western Digital's "My Book Live" program, a shared storage system for computers, tablets, and smartphones; and

WHEREAS, The event would feature freerunning performances, prize giveaways, product demonstrations, DJ-ed music and check-in for a 200-person scavenger hunt to occur later in the day in the area surrounding the park; and

WHEREAS, The footprint of the event fills a large portion of the South Plaza with structures including two 10 ft by 10 ft tents (each including a television and generator for product demonstrations), a DJ sound system with generator, props for the freerunnung performances, a fence around the performance area and freestanding signage; and

WHEREAS, Signage would include 8 ft by 8 ft banners in each of the product demonstration tents, two 10 ft by 20 ft banners, four 9 ft signs, four 3 ft by 7 ft banners and four 6 ft by 3 ft banners, all with the Western Digital logo; and

WHEREAS, Although the technology and the freerunning performances may be of interest to the community, this is essentially a commercial product launch that takes up a large amount of space throughout the South Plaza for most of the day and features excessive commercial signage; and

WHEREAS, Community Board Five discourages such highly commercial use of New York City parks; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application from Weber Shandwick for the Western Digital Freedom Quest on the South Plaza of Union Square Park on Friday, October 7th, 2011.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, HOSPITALITY RESTAURANT CORP. ("Applicant"), has notified Community Board Five of its intention to apply for a new on premises liquor license for the ground floor restaurant located at 4 West 19^th Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of 1,636 square feet of space on the ground floor, and the basement is to be used only for storage, bathrooms, offices and possible prep area; and

WHEREAS, The Premises will be operated as a first class restaurant, with 14 tables and 52 seats (including banquette seating) in the dining area and, in the bar/lounge area, 9 bar stools, (including banquette seating), 4 seats in the waiting area; and

WHEREAS, The Premises is located within CB5's Restricted Licensing Area and the application complies with the requirements related thereto; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      agree to keep the establishment exclusively as a restaurant operation, and restrict the hours of operation to close no later than 12:00AM midnight Sunday through Wednesday nights, and 1:00AM Thursday through Saturday nights, with closing hours understood to mean last seating;

2.      operate the Premises as a first class restaurant with seated bar and dining service only, with use as a lounge only ancillary to such restaurant use (collectively, "Restaurant Use").  Private parties shall be deemed included in Restaurant Use but promoter-driven events are specifically excluded from Restaurant Use. 

3.      not use any promoters at any time;

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

5.      have background music only, and in no event shall a DJ, live music or dancing ever be permitted at the Premises, except as specifically provided for herein;

6.      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;

7.      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;

8.      meet with neighbors and CB5 on a regular basis 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, Members of the public were satisfied with the conditions and stipulations agreed to by the Applicant in response to any concerns they may have had; 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 Kris Senevi 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 renewal 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 HOSPITALITY RESTAURANT CORP. for a new on premises liquor license for the ground floor restaurant located at 4 West 19^th Street, New York, New York (between Fifth and Sixth Avenues) 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 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, Raymond Lin, on behalf of SS 5 East 19^th Street, Inc. ("Applicant"), has notified Community Board Five of its intention to apply for alteration of an on premises liquor license for the ground bar/lounge known as "Roam" located at 5 East 19^th Street (between Broadway and Park Avenue South), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 3,000 square feet on the ground floor and basement of the Premises; and

WHEREAS, The Premises is operated exclusively as a bar/lounge with approximately 17 tables and 56 seats; and

WHEREAS, The total capacity of the Premises is 187; and

WHEREAS, The Premises includes 2 patron bars and no service bars; and

WHEREAS, The hours of operation of the Premises are 5:00 PM to 4:00 AM seven nights a week; and

WHEREAS, The Premises is an existing operation located within CB5's Restricted Licensing Area and has been a constant source of disturbance to the community; and

WHEREAS, CB5 has previously requested that the State Liquor Authority not renew the liquor license for this Premises to no avail; and

WHEREAS, The alterations to the premises include:

• On the first floor of the premises a partition/wall was installed that measured ten feet by about eight-ten feet high to partition the seating area without creating a separate room
• An 5 by 10 foot area on the first floor that elevated by about a foot to level the floor
• The countertop to the bar (also on the first floor) had an extended decorative arch-shaped overhang on one end of the end that was removed to create more standing room
• There were decorative wooden panels installed on the walls of the cellar, and

WHEREAS; The renovations were performed by Applicant without approval by the State Liquor Authority and without a public hearing as required by law; and

WHEREAS; To rectify the violation, the SLA required Applicant both to pay a fine and to seek retroactive approval through the normal license process, including review by the public as required by the City Charter; and

WHEREAS, Despite being required to do so by the SLA, the Applicant refused to cooperate with CB5 and failed to appear at a duly called public hearing held by CB5 on July 27, 2011; and

WHEREAS, Members of the community report that there continues to be a serious and significant adverse impact on the community by Roam; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by SS 5 East 19^th Street, Inc. for alteration of an on premises liquor license for the ground bar/lounge known as "Roam" located at 5 East 19^th Street (between Broadway and Park Avenue South), New York, New York.

The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, 9 WEST 26^TH STREET LLC ("Applicant") has notified Community Board Five of its intention to apply for a new hotel liquor license for the Flatiron Hotel located at 9 West 26^th Street, New York, New York (between Fifth Avenue and Broadway), New York, New York (the "Premises"); and

WHEREAS, The application initially included a request to license a rooftop bar at the Premises but the application was amended to specifically eliminate any rooftop space; and

WHEREAS, The Premises consists of approximately 1,600 square feet of useable public space, of which approximately 600 square feet is located on the ground floor and approximately 900 square feet is located on the mezzanine level; and

WHEREAS, The Premises will be operated exclusively as a restaurant and lounge, with a full kitchen located in the basement of the hotel; and

WHEREAS, The Premises contains no rooftop space; and

WHEREAS, The total capacity of the Premises is approximately 150, as to be determined by New York City Department of Buildings, exclusive of employees; and

WHEREAS, The Premises includes 1 patron bar;

WHEREAS, The Applicant has agreed that Applicant shall:

1.      agree to keep the establishment exclusively as a restaurant and lounge, with hours of operation no later than 2am seven days a week;

2.      not apply for a cabaret license or a sidewalk cafe;

3.      not hire outside promoters;

4.      not incorporate a DJ, and agree to keep all music at an ambient level as is conducive to an eating establishment only;

5.      agree that private parties shall be deemed included in restaurant use but promoter-driven public events are specifically excluded from restaurant use;

6.      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;

7.      not utilize an exterior "velvet rope" door policy nor allow external queuing for entrance except where needed for monitoring age verification;

8.      meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, No members of the public expressed opposition to the application; 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 Bettina Bilger or Eli Saleg ever contemplate a transfer of their interest in Applicant so that they do 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 renewal 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 9 WEST 26^TH STREET LLC for a new hotel liquor license for the Flatiron Hotel located at 9 West 26^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 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, CHSP TRUST 31^ST STREET LLC ("Applicant") has notified Community Board Five of its intention to apply for a new hotel liquor license for the Holiday Inn hotel located at 30-32 W. 31^st Street, New York, New York (between Fifth Avenue and Broadway, New York, New York (the "Premises"); and

WHEREAS, The application includes a request to license a rooftop bar at the Premises; and

WHEREAS, But for the rooftop bar portion of the application, CB5 has no issue with the issuance of the hotel liquor license; and

WHEREAS, The Premises includes approximately 1,500 square feet of useable public space on the rooftop, which includes one patron bar; and

WHEREAS, The rooftop will be operated exclusively as a bar and private event space, with a total of approximately 22 tables, 66 seats, and 9 bar stools, serviced by the restaurant on the ground floor; and

WHEREAS, The total capacity of the rooftop is 74; with any higher capacity requiring the filing of Place of Assembly Certificate of Operation with the DOB; and

WHEREAS, The rooftop bar is subject to CB5's Rooftop and Rear Yard Guidelines and complies with the requirements related thereto; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      agree to keep the rooftop public space with hours of operation Sunday through Thursday closing at 11:00 pm, with music shutting down by 10:00 pm, and Friday and Saturday nights closing at 1:00 am, with music shutting down at 12:00 am;

2.      not apply for a cabaret license or a sidewalk cafe;

3.      not incorporate a DJ or live music, and agree to keep the stereo ambient music only, with volume controls strictly regulated by management;

4.      not hire outside promoters; with private parties deemed included in rooftop use but promoter-driven public events specifically excluded from rooftop use;

5.      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, and (iii) use best efforts to clear the area outside the Premises of all patrons immediately after closing;

6.      meet with neighbors and CB5 if requested;

WHEREAS, No members of the public expressed opposition to the application; 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 James Lloyd Francis, David Rick Adams, Graham John Wootten and Douglas William Vicari ever contemplate a transfer of their interest in Applicant so that they do 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 renewal 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 CHSP TRUST 31^ST STREET LLC for a new hotel liquor license for the Holiday Inn hotel located at 30-32 W. 31^st Street, New York, New York (between Fifth Avenue and Broadway, 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 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, BILLIARD BALLS MANAGEMENT LLC ("Applicant"), has notified Community Board Five of its intention to apply for an alteration to its existing on premises liquor license for the ground floor bar/restaurant/billiard hall located at 54 West 21^st Street (between Fifth and Sixth Avenues), New York, New York (the "Premises"); and

WHEREAS, The Premises consists of 15,000 square feet of space on two floors, with a capacity of 299 on the ground level and 249 on the lower level; and

WHEREAS, The Premises is operated as a bar/restaurant/billiard hall, with 26 tables and 165 seats and 50 bar stools; and

WHEREAS, The Applicant has requested to add another patron bar on the ground floor of the Premises with 10 bar stools, which bar will be used only for overflow should an event crowd the 2 existing patron bars at the Premises; and

WHEREAS, The Premises is an existing operation located within CB5's Restricted Licensing Area and the method of operation is grandfathered thereunder; and

WHEREAS, Except as described herein, there is no change to the method of operation at the Premises; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      continue to maintain an outdoor smoking area in front of the Premises and will encourage its customers to use that area for smoking and cell phone use and shall discourage customers from loitering outside the Premises on 21^st Street. This smoking area will be monitored by a security presence after 10pm on all nights;

2.      maintain adequate security in the Premises at all times necessary to (i) ensure that patrons enter and leave the Premises and 21st Street in a peaceful, quiet and respectful manner; (ii) discourage patrons from congregating outside the Premises, and (iii) use best efforts to have 21st Street cleared of all patrons within one half-hour of closing;

3.      not use any outside promoters at any time;


4.      continue use of private garbage pickup and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors;


5.      meet with neighbors and CB5 on a regular basis if requested and shall distribute a 24-hour hotline number to the community that goes to a live manager or owner who can immediately address any complaints from the community;


6.      operate at the following times: Monday-12PM-1AM, Tuesday and Wednesday 12PM- 2AM, Thursday- 12PM-3AM, Friday- 12PM-4AM, Saturday- 4PM-4AM, Sunday- 4PM - 12AM; and

WHEREAS, No members of the public expressed opposition to this application; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license renewal 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 BILLIARD BALLS MANAGEMENT LLC D/B/A "SLATE" for alteration to an existing on premises liquor license at 54 West 21^st 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 36 in favor; 0 opposed; 1 abstaining.

WHEREAS, PARK SOUTH HOTEL LLC ("Applicant") has notified Community Board Five of its intention to apply for a new hotel liquor license for the Park South Hotel located at 120-124 E. 28th Street (between Lexington Avenue and Park Avenue South), New York, New York (the "Premises"); and

WHEREAS, The application includes a request to license a rooftop bar at the Premises; and

WHEREAS, But for the rooftop bar portion of the application, CB5 has no issue with the issuance of the hotel liquor license; and

WHEREAS, The rooftop bar located at the Premises consists of approximately 2200 square feet, all of which is available for patron use; and

WHEREAS, The rooftop bar located at the Premises is a bar and restaurant space operated by the hotel and by Black Duck restaurant, a well-known and reputable operator; and

WHEREAS, The rooftop operation shall be similar to the Applicant's sister operation at the Strand Hotel, which has no complaints of record; and

WHEREAS, The total capacity of the rooftop is 120 and contains 14 tables with 60 chairs and 10 barstools; and

WHEREAS, The rooftop Premises includes 1 patron bar, and will be used primarily for food service and for use by patrons of the hotel as a bar area; and

WHEREAS, The rooftop bar is subject to CB5's Rooftop and Rear Yard Guidelines and complies with the requirements related thereto; and

WHEREAS, The Applicant has agreed that Applicant shall:

1.      close the rooftop by 11pm Sunday-Wednesday and 1am Thursday-Saturday

2.      use a sound engineer to design the space as to minimize impact of sound (including voices) on neighboring residential buildings

3.      not incorporate a DJ or amplified live music, and agree to keep the stereo ambient music certified by a sound engineer, and reduce the sound level of music starting an hour before closing

4.      not apply for a cabaret license;

5.      not hire outside promoters;

6.      meet with neighbors and CB5 if requested and shall provide a hotline to a live manager or owner during all hours of operation to immediately address any complaints from the community; and

WHEREAS, No members of the public expressed opposition to the application; 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 John B. Taft 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 renewal 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 PARK SOUTH HOTEL LLC for a new hotel liquor license for the Park South Hotel located at 120-124 E. 28th Street) between Lexington Avenue and Park Avenue South), 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 36 in favor; 0 opposed; 1 abstaining.