Community Board Five

RESOLVED, Manhattan Community Board Five recommends approval of the request by The Museum of Arts & Design has submit a request to place a Droog’s Design Object (a tree-trunk bench) in front of 40 West 53rd Street.

The above resolution passed with a vote of 30 in favor, 0 opposed, 1 abstention.

Samson International Inc. d/b/a “Nao Spa” – application for a physical culture establishment/spa at 609 Madison Avenue

WHEREAS, An application was made by Samson International Inc. d/b/a Nao Spa, to legalize the operation of a physical culture establishment/spa at 609 Madison Avenue; and

WHEREAS, The establishment is located in the cellar, first floor, and second floor of a multi-story mixed use building; and

WHEREAS, The area was posted and a site visit was done by a Consents & Variances Committee member; therefore be it

RESOLVED, That Community Board Five recommends approval of the application for a physical culture/spa at 609 Madison Avenue

The above resolution passed with a vote of 30 in favor, 0 opposed, 1 abstention.

The American Folk Art Museum, request to install an informational kiosk on the sidewalk at 45 West 53rd Street

WHEREAS, The American Folk Art Museum is requesting to place an informational sign on the sidewalk of 45 West 53rd Street in an effort to provide easily accessible and clear information regarding the Museum; and

WHEREAS, The sign dimensions will be 3'- 0" wide x 3'- 0" deep x 12'- 0" high; and

WHEREAS, The proposed material will be powder-coated and constructed from hollow fabricated metal; and

WHEREAS, The design reflects a significant effort to produce an attractive and useful source of information while minimizing its impact on pedestrian movement; therefore be it

RESOLVED, Manhattan Community Board Five recommends approval of the request by The American Folk Art Museum to install an informational sign at 45 West 53rd Street.

The above resolution passed with a vote of 22 in favor, 9 opposed, 1 abstention.

Transportation/Environment

Pedestrian Crossings at Central Park South and Sixth and Seventh Avenues.

WHEREAS, The community in the vicinity of Central Park South has raised concerns about the safety of pedestrian crossing at Central Park South at Sixth and Seventh Avenues; and

WHEREAS, The traffic at Sixth Avenue feeds into the Park Drive at Central Park South which is closed for large portions of the day requiring vehicular traffic to turn east or west rather than going straight; and

WHEREAS, Three bus lines and many taxis turn west on Central Park South and Sixth and south on Seventh Avenue at Central Park South; and

WHEREAS, The crossing intervals for pedestrians, especially for senior citizens and people with disabilities, is too short and makes it difficult for people to cross at both Sixth and Seventh Avenues and Central Park South; and

WHEREAS, Transportation Alternatives recommends a standard of 2.5 feet/second be used in calculating pedestrian street crossing time, while the NYC Department of Transportation uses 4 feet/second; therefore be it

RESOLVED, That Community Board Five requests the NYC Department of Transportation undertake a review of traffic signaling at the intersections of Sixth and Seventh Avenues at Central Park South, including an examination of increasing leading pedestrian intervals and utilizing Barnes’ Dances, with the goal of providing all pedestrians safe crossing at these intersections.

The above resolution passed with a vote of 30 in favor, opposed, 2 abstentions.

Bus Pad Replacement in Community Board Five Avenues.

WHEREAS, The Department of Transportation has begun installing bus pads, which are concrete reinforced pavement in bus stops to increase their strength and improve their longevity; and

WHEREAS, Department of Transportation is embarking on an installation and replacement project for bus pads citywide; and

WHEREAS, The Department of Transportation has requested input from Community Boards about which stops in their localities need bus pad installation or repair; therefore be it

RESOLVED, That Community Board Five has identified the following bus stops as priorities in need of new bus pads and curb replacement:

Irving Place & East 14th Street South Side; cross-town stop
North Side of 14th Street between Broadway and University; cross-town stop
SE corner of 23rd and Park; the cross-town stop
SW corner of 23rd and 5th, the downtown stop
SW corner of 23rd and 5th, the cross-town stop
NW Corner of 34 Street and 5th Avenue, cross-town stop
SE Corner of 34th Street and 6th Avenue, cross-town stop
NW Corner of 34 Street and 6th Avenue, cross-town stop
SE Corner of 34 Street and 7th Avenue, cross-town stop
NW Corner of 34th Street and 7th Avenue, cross-town stop
SE Corner of 34th Street and 8th Avenue, cross-town stop
NW Corner of 34th Street and 8th Avenue, cross-town stop
Northwest Corner of 42 Street and 5th Avenue, cross-town stop
Northwest Corner of 42 Street and Broadway, cross-town stop
Northwest Corner of 42 Street and 8th Avenue, cross-town stop
Southeast Corner of 42 Street and 7th Avenue, cross town stop
Southwest Corner of 50th Street and 7th Avenue, cross-town stop
West 50th/7th Avenue, the downtown stop
East 50th Street and Madison Avenue, two uptown stops
Southeast Corner of 50th Street and Madison, cross-town stops
NW Corner of 57th and 7th Avenue, cross-town stop
NW Corner of 57th and 6th Avenue, cross-town stop
SE Corner of 57th and 6th Avenue, cross-town stop
NW Corner of 57th and 5th Avenue, cross-town stop
SE Corner of 57th and 5th Avenue, cross-town stop
SW Corner of 57th and Madison Avenue, cross-town stop
NW Corner of 57th and Madison Avenue, cross-town stop
NW Corner of 57th and Lexington Avenue, cross-town stop
NW corner of Central Park South and 7th Ave, cross town stop
South Central Park South and Columbus Circle, cross-town stop
SW corner of Central Park South and 7th Avenue, cross-town stop
SW corner of Central Park South and 6th Avenue, cross-town stop

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention.

Public Safety/Quality of Life

215 West 28th Street – “AJI PARTNERS, INC.” – Liquor License Transfer (FORMERLY “DEMERARA” /”NEST” CLUBS)

WHEREAS, AJI Partners, Inc., is applying for transfer of the on-premises liquor license for 215 West 28th Street (formerly operated at “Demerara” and “Nest” Clubs); and

WHEREAS, The owner, Fritz Jean, appeared before CB5’s Public Safety/Quality of Life Committee on September 11, 2006 along with the head of his security operation and the manager of the premises; and

WHEREAS, The premises with a total capacity of 479, occupy three floors (basement, ground and 2nd floor) that will operate from 11 a.m. – 4 a.m., as a restaurant, (has a full kitchen) serving breakfast, lunch, and dinner and as a club/lounge, seven days a week; and

WHEREAS, The premises has been licensed and operating as a club (cabaret) for well over 10 years on a block that is zoned (M1-5 Light Manufacturing) for both cabaret and business and is not zoned for residential use, so less restrictive regulations (such as noise levels) are in place; and

WHEREAS, CB5 is on record as recommending approval of previous requests for this type of operation on this block citing in March 2004 that the original liquor license and that of two other clubs as well were approved on the basis of their location in a light-manufacturing zone; and

WHEREAS, CB5 also cited at that time that the continuing “chipping away” and “spot zoning” that is happening to many areas within CB5 is changing the essential character of certain neighborhoods piecemeal by allowing more and more residential conversions and by grandfathering and allowing many “illegal” residents to legally reside on certain blocks, bringing increased problems between businesses and residents; and

WHEREAS, There is concern regarding a new building under construction on the corner of this block at 8th Avenue in spite of the present zoning and a signed affidavit regarding the attached stipulations was agreed to by the applicant; therefore be it

RESOLVED, That Community Board Five recommends approval of the transfer of the on-premises liquor license for “AJI Partners, Corp.,” located at 215 West 28th Street with the understanding that the attached agreed to stipulations will be incorporated into the method of operation of the New York State Liquor Authority Application.

The above resolution passed with a vote of 28 in favor, 2 opposed, 1 abstention.

390 8th Avenue (29th /30th Streets) – “C & E 888 CORP.” – Cabaret and Alteration of existing Liquor License

WHEREAS, “C & E 888 Corp” has notified the Community Board of its intent to alter the existing liquor license, i.e., to have its service bar in the sublevel as a full additional second bar at 390 8th Avenue (a stand alone one-story building) and to have a cabaret license; and

WHEREAS, Eddie Lee, the owner, attended CB5’s Public Safety/Quality of Life (PSQL) Committee meeting on September 11, 2006, and informed the committee that this would be a club/lounge of approximately 1200 square feet, that he will be using promoters only at special times, with hours of operation Monday – Thursday, closing at 11 p.m. and closing at 4 a.m. Friday – Sunday; and

WHEREAS, Mr. Lee also informed the committee that this operation will not advertise or promote the club to FIT students, will be on the premises during operation and will provide his cell phone number and make himself available if needed; and

WHEREAS, This location is a Use Group 12 without restriction, zoned for cabaret with a capacity of 120 on each floor (basement and ground) and has operated for many years as a small club/lounge; and

WHEREAS, There is concern about the increase of residents in this area in spite of the present zoning and a signed affidavit regarding the attached stipulations was agreed to by the applicant; and

WHEREAS, The neighborhood was informed of this application and no one attended the committee meeting and no complaints or concerns were received by the board office regarding the premises; therefore be it

RESOLVED, That Community Board Five recommends approval of the alteration of the existing liquor license and cabaret for C & E 888 Corp., located at 390 8th Avenue with the understanding that the attached agreed to stipulations will be incorporated into the method of operation of the New York State Liquor Authority Application

The above resolution passed with a vote of 29 in favor, 0 opposed, 3 abstentions.

Landmarks

284 Fifth Avenue and 30th Street -The Wilbraham (Individual Landmark)

WHEREAS, The application is for a certificate of appropriateness for alterations on the Wilbraham Building, an individual landmark located at 284 Fifth Avenue at 30th Street; and

WHEREAS, This building was built between 1888 and 1890, in the Romanesque Style as a Bachelor Apartment Hotel and is currently a Coop apartment building with commercial space on the first floor; and

WHEREAS, The work to be done on this building is on the Penthouse level, which is not part of the original building, but was added in approximately 1935; and

WHEREAS, The penthouse is in poor condition, and the applicant proposes to remove the existing asbestos tiles cladding the facade of the penthouse, change the windows and re-clad the facades with acrylic stucco of a brown color to blend with the color of adjacent walls; and

WHEREAS, The proposed work is not visible from the main thoroughfares, with the exception of a very small portion of a fence, made of ipe wood; and

WHEREAS, Community Board Five finds the construction proposed to be of the aesthetic character of the historic building and neighborhood, therefore be it

RESOLVED, That Community Board Five recommends approval of the application for Certificate of Appropriateness for 284 Fifth Avenue.

The above resolution passed with a vote of 28 in favor, 0 opposed, 1 abstention.

Joint Parks and Landmarks

Application for improvement to the Loula D. Lasker Swimming Pool and Skating Rink in Central Park.

WHEREAS, The applicant, the Trump Organization , has requested a certificate of appropriateness for modifications and improvements to the Loula D. Lasker Swimming Pool and Skating Rink, located in the north end of Central Park; and

WHEREAS, The facility was designed in 1963 and built over the subsequent years, and its condition warrants such repairs; and

WHEREAS, The Parks Department has requested such improvements in exchange for a concession to operate the facility; and

WHEREAS, The applicant has successfully overseen a similar renovation of Wollman Rink in the southern end of Central Park; and

WHEREAS, The applicant proposes to relocate the stairs, replace the hand railings, add office and concession space, remove the chin link fence, add planting beds and rolling security gate; and

WHEREAS, All modifications contribute to increased functionality and safety of the facility; and

WHEREAS, The 4 blue fountains will remain intact; and

WHEREAS, The applicant's architect has successfully responded to comments and concerns of the New York City Landmarks Preservation Commission; and

WHEREAS, The material selection and detailing are sympathetic and complimentary to the original design; therefore be it

RESOLVED, That Community Board Five recommends approval of the Lasker Rink Improvements.

The above resolution passed with a vote of 29 in favor, 0 opposed, 1 abstention.

Parks

Madison Square Park Conservancy, event application for “The City and the Environment in Transition,” a photography project

WHEREAS, The Madison Square Park Conservancy has applied for a special event permit to host a photography exhibition as part of a major national photography project that includes:

Ecotopia, the 2006 Triennial of photography and video at the International Center of Photography, and
Related outdoor photo exhibitions in New York, Hartford and Boston; and

WHEREAS, For the Madison Square Park aspect of the exhibition three prominent photographers will create five new images each on the theme “The City and the Environment in Transition”; and

WHEREAS, These photographers are Chuck Close, Dayanita Singh and Mitch Epstein; and

WHEREAS, The exhibition will recreate a museum experience in the outdoors with the display of the fifteen photo images facing outwards from the park on the perimeter of the park and, thereby, visible to pedestrians on the sidewalks around Madison Square Park with three additional panels to interpret the project for the public; and

WHEREAS, The exhibition will be held for a period of seven weeks from September 20, 2006 through November 10, 2006; and

WHEREAS, There will be no admission charged for the exhibition; therefore be it

RESOLVED, Community Board Five recommends approval of a special event permit for the Madison Square Park Conservancy to host a photography exhibition on the theme “The City and the Environment in Transition” from September 20, 2006 through November 10, 2006 facing outwards to the sidewalk around the perimeter of Madison Square Park.

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention.

National Gardening Associations, application to hold a garden festival in Union Square Park on Saturday, April 28, 2007

WHEREAS, A proposal has been received from The New York City Department of Parks and Recreation and the National Gardening to hold an event celebrating National Garden Month; and

WHEREAS, The event will be held on Saturday, April 28, 2007 along the southern end of Union Square Park with set up starting at 7:00 a.m. and continuing until 4:00 p.m. with clean up thereafter; and

WHEREAS, This event will primarily be held in individual tented areas in case of rain; and

WHEREAS, This event will require minimal amplified sound; and

WHEREAS, This event was held last year with no complaints; and

WHEREAS, Community Board Five desires to encourage urban gardening; therefore be it

RESOLVED, Community Board Five recommends approval of the application for The New York City Department of Parks and Recreation and the National Gardening Association to hold an event celebrating National Garden Month on Saturday, April 28, 2007 along the southern end of Union Square Park.

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention.

Land Use & Zoning

Request for an open air café and café related kiosk at 41 Madison Avenue.

WHEREAS, The applicant located at 41 Madison Avenue seeks to renew certification to permit an open air café and café related kiosk to be located along the East 26th Street portion of the public plaza; and

WHEREAS, The current plaza is approximately 4,785 square feet and the requested open-air plaza café is 957 square feet, approximately 20% of the plaza space, and includes a retractable canopy; and

WHEREAS, It is located midway along the 26th Street Plaza and will consist of 21 tables with 68 seats total and a moveable antipasto/service bar with 20 seats; and

WHEREAS, The space from the building to the edge of the plaza property is 15 feet and the space from the edge of the plaza property to the edge of the sidewalk is 12 feet; and

WHEREAS, The restaurant prior to this applicant, Chez Elle, held a permit for an open-air café on this space. 41 Madison LP which owns the new restaurant, A Voce, seeks to renew the permit; and

WHEREAS, The owners are committed to maintaining the amenities on the public plaza and is a significant contributor to Madison Square Park; therefore let it be

RESOLVED, That Community Board Five recommends approval of the permit for 41 Madison LP to operate an open air café on the public plaza on the southeast corner of East 26th Street and Madison Avenue.

The above resolution passed with a vote of 30 in favor, 0 opposed, 2 abstentions.

BSA #595-44BZ Vol II Application to reopen and amend a prior Board of Standards and Appeals variance to permit Use Group 6 on the 15th Floor of 30 Central Park South, located in an R-10 District

WHEREAS, The Applicant, Cinza 30 CPS, Inc., seeks to reopen and amend a previously granted variance (#595-44BZ) to allow a change of use from Use Group 12 (permitting a restaurant) to Use Group 6 (permitting office use) for the 15th floor of 30 Central Park South; and

WHEREAS, The Applicant was granted a variance in 1955 to change the use of (a) the ground through 14th (partial) floors of the building from residential to professional use and (b) the 14th (partial) and 15th floors to restaurant use; and

WHEREAS, The variance was extended four times, in 1974, 1984, 1994 and 2005; and

WHEREAS, The Applicant intends to use the 15th Floor as office space, which is more compatible with the uses in the building and the surrounding blocks; and

WHEREAS, Community Board Five has consistently approved the prior variances and the extensions of term and no complaints have been received concerning the building; therefore be it

RESOLVED, Community Board Five recommends approval of the application to reopen and amend a previously granted variance to permit a change in use from a Use Group 12 restaurant use to a Use Group 6 office use on the entire 15th floor located at 30 Central Park South.

The above resolution passed with a vote of 31 in favor, 0 opposed, 1 abstention.

N060310 ZCM application by 23rd Street Development LLC for a special Permit by the City Planning Commission pursuant to Section 74-711 of the Zoning Resolution to grant bulk and use waivers for non-conforming use and modifications of height, setback and rear yard requirements for a new 21 story residential condominium building located on the North side of West 23rd Street between 5th and 6th Avenues in the Ladies Mile Historic District.

WHEREAS, The 23rd Street Development, LLC has applied for a special permit from the City Planning Commission pursuant to Section 74-711 of the Zoning Resolution to grant bulk and use waivers for non-conforming use, as well as modifications of height, setback and rear yard requirements for a new 21-story residential condominium building located at 35-37 West 23rd Street and 39-41 West 23rd Street on the north side of West 23rd Street between 5th and 6th Avenues in the Ladies’ Mile Historic District; and

WHEREAS, The bulk of the proposed new building violates zoning regulations for the following:

the maximum front wall height allowed
the required front setbacks
the required sky exposure plane
the minimum rear yard required
the special provisions for through lots; and

WHEREAS, The bulk of this new building encroaches:

40 feet over the rear yard
Just under 15 feet into the sky exposure plane
15 feet into the front setback distance; and

WHEREAS, The bulk of the proposed new building significantly destroys the continuity of the elegant decorative historic street wall and despoils the special aesthetic character of the Ladies’ Mile Historic District streetscape; and

WHEREAS, The sizable and numerous spatial encroachments of the bulk of the new building negatively impacts the open space in the vicinity; and

WHEREAS, The adjacent midblock structures are 6 stories to the east, 9 stories to the west and overall average of 12 stories for the buildings in the vicinity; and

WHEREAS, This oversized 21-story midblock building is uncharacteristic for the district and its height will cast deep new shadows across the neighborhood; and

WHEREAS, The applicant's three dimensional drawing fails to show the more relevant and important blocks of the district between 5th and 6th Avenues that would best demonstrate the incongruous relationship between the proposed building and the surrounding neighborhood; and

WHEREAS, The applicant's building height study claims that 57% of midblock buildings are taller than either buildings on their corner, these midblock buildings cited in the study average 12 stories tall with 2 to 5 story buildings at the corners with the actual building heights curiously missing from the study; and

WHEREAS, The negative impact on the surrounding buildings in the immediate vicinity of the site by the substantial encroachment will result in diminished access to light and air; and

WHEREAS, Even if this building were located on the end of the block where the average is 12 to 15 stories, it would still far be incongruous to the neighborhood; and

WHEREAS, The nonconforming residential use is not consistent with the existing use patterns, since all other adjacent residential units provide for live/work uses, and the only emerging residential uses in the vicinity are the buildings surrounding Madison Square Park (per zoning changes in 1960) and the recently rezoned residential corridor which runs up both side of 6th Avenue, where 7 new residential end of block towers have been built or are currently under construction; and

WHEREAS, Community Board Five sees no public benefit gained by granting these bulk and use waivers; and

WHEREAS, The only reason given by the applicant for requesting these bulk and use waivers is to maximize the square footage of the new building; and

WHEREAS, Community Board Five sees significant advantages to additional hotel space or other as-of-right commercial uses in the district; and

WHEREAS, The New York City Zoning Resolution under Chapter 4 Special Permits by the City Planning Commission - General Provisions - empowers the Commission to grant special permits in specific districts for waivers of bulk and use regulations provided that the disadvantages to the community are outweighed by the advantages derived by the community from the grant of such special permit, and that any adverse effects on the light and air in the neighborhood will be minimized by appropriate conditions governing location of the site and design; and

WHEREAS, The City Planning Commission must set forth each required finding for the grant of a special permit for the modification of bulk or use regulations, and each finding must be supported with substantial evidence and the required findings have not been met to the satisfaction of Community Board Five; and

WHEREAS, The New York City Zoning Resolution code 74-711 empowers the City Planning Commission to grant a special permit for waivers of use and bulk regulations with the stipulation that the Commission substantiate the following findings:

Such bulk modifications shall have minimal adverse effects on the structures or open space in the vicinity in terms of scale, location and access to light and air
Such use modifications shall have minimal adverse effects on the conforming uses within the building and in the surrounding area; and

WHEREAS, Such substantiated findings are not supported with credible evidence and cannot be reached since this building violates the bulk and spirit of the Ladies’ Mile Historic District; and

WHEREAS, 42nd Street, another wide cross street within Community Board Five, is comprised of tall end of the block buildings with low rise historic theater buildings located midblock, achieved through conformance with the underlying principles of the zoning resolution and City Planning Commission Guidelines; and

WHEREAS, In May 2005 Community Board Five recommended denial of this application to the Landmarks Preservation Commission due to the building’s extreme modern architecture and its incompatible character with one of New York’s most renowned historic districts; therefore be it resolved

RESOLVED, Community Board Five recommends denial of the application requesting a special permit for bulk and use waivers for the proposed new building.

The above resolution passed with a vote of 22 in favor, 8 opposed, 2 abstentions.

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