Community Board Five - April 2007 Resolutions

WHEREAS, The applicant is New York City Center (Applicant), a not-for-profit performing arts organization which manages and programs City Center Theater, a City-owned cultural institution located at 130 West 56th Street; and

WHEREAS, Adjacent to City Center Theater is a through block connection running from West 55th Street to West 56th Street (the Connection); and

WHEREAS, The co-applicant is the Board of Managers of Cityspire Condominium (Co-Applicant), which owns the Connection and the adjoining residential and commercial tower at 150 West 56th Street; and

WHEREAS, Among other things, Special Permit C 960513 ZSM, as amended, provides that the Connection be open from 8:00 AM to Midnight, 365 days per year and each time closure of the Connection is sought written consent of the Chair of the City Planning Commission (Chair) is required; and

WHEREAS, From time to time, Applicant has requested closure of the Connection for various performance and fundraising activities, and each time such consent was granted, but the consent procedure is complicated, time consuming and burdensome on both the Applicant and the City Planning Commission; and

WHEREAS, Applicant's proposed modification to the Special Permit provides that, among other things:

Applicant may close the Connection up to 12 times a year for nonprofit events for a specified timeframe without requiring the approval of the Chair in each instance, but with the Chair’s periodic review; and
Such closings would not extend beyond 12 times per calendar year, and the events would not extend for more than an 8-hour period commencing no earlier than 5:00 PM; and
Permissible events would include only events carried out by 501 (c)(3) nonprofit organizations; and
Such events must promote or advance not-for-profit cultural and performing arts and may include fundraising, performances and special events which advance the interest of the Applicant’s organization; and
For the 7 days preceding each closing, the Applicant shall post notices at each entrance to the Connection to notify the public of such closings and of the time and date the Connection will reopen; and
Applicant will ensure the area is thoroughly cleaned after each event; and
Applicant will periodically inform the Chair of the nonprofit events, and the Chair shall have the opportunity to terminate or modify Applicant’s permission to close the Connection pursuant to the modification.

WHEREAS, The New York City Department of Cultural Affairs supports the proposal, and representatives from the City Planning Commission appeared before the Committee on Land Use and Zoning in support of the proposal and stated that similar arrangements in other locations have been successful; and

WHEREAS, Applicant has proposed new signage for each end of the Connection, intended to raise awareness of the Connection to the public; therefore be it

RESOLVED, That Community Board Five recommends approval of Applicant’s modification to Special Permit C 960513 ZSM, modifying (i) the procedure for closure of a through block connection adjacent to 130 West 56th Street from West 55th Street to West 56th Street, and (ii) the signage to be posted at each end of the connection.

The above resolution passed with a vote of 34 in favor, 0 opposed, 1 abstention.

WHEREAS, 1211 Avenue of Americas was constructed pursuant to an approved special permit (CP-21345) for (i) waiver of height and setback regulations and (ii) a floor area bonus for the provision of the through block arcade and (iii) an allocated bonus floor area through provision of plaza space along Sixth Avenue as well as each side street through a small arcade all of which was deemed “of an appropriate design in harmony with surrounding development; and

WHEREAS, Beacon Capital Partners (“Beacon”), which bought the building in 2006, re-measured existing floor area and determined that due to changes in the use of space undertaken since construction approx. 29,799 sq. ft. of space had been converted from zoning floor area (“ZFA”) to mechanical equipment space leaving the building under-built by 19,707 sq. ft of ZFA; and

WHEREAS, Beacon is proposing to use 18,466 sq. ft of that ZFA to accommodate the needs of FOX Broadcasting Company during the 2008 Presidential Election; and

WHEREAS, The expansion includes the addition of three (3) new studios within the building’s existing footprint: a) two studios located above the west end of the building and around the center of the site, accessed by a new exterior, free-standing elevator. and b) one studio located above a lower level setback (the Charles Schwab space) facing Sixth Avenue; and

WHEREAS, The proposed alteration and expansion of the building will not result in any new non-compliance or increase the degree of an existing non-compliance since all three (3) proposed new studios will be located within the approved height and setback waivers originally granted pursuant to CP-21345 thereby constituting a minor modification; therefore be it

RESOLVED, That Community Board Five recommends approval of the application of Beacon Capital Partners to make the proposed alterations to accommodate FOX Broadcasting Company.

After some discussion, the resolution passed with a vote of 19 in favor, 14 opposed, 3 abstention.

WHEREAS, Extell West 45th LLC, Jujamcyn Theaters LLC and Fifth Street Holdings LLC (collectively, the “Applicants”) have applied for a zoning certification pursuant to ZR§84-744(a) to permit the transfer of: a) approximately 8,483 square feet of unused development rights from the Martin Beck Theater (also known as the Hirshfeld Theater) located at 302 West 45th Street, and b) approximately 9,489 square feet of unused development rights from the St. James Theater located at 426 West 45th Street, to a receiving site at 131-139 West 45th Street (“Receiving Site”); and

WHEREAS, The Receiving Site is zoned C6-5.5(MiD), and also comprises additional zoning lots, permitting the as-of-right construction of a building containing approximately 195,600 square feet; and

WHEREAS, Extell West 45th LLC (the “Developer”) has separately applied for a certification to permit the transfer of approximately 54,820 square feet of unused development rights from the Broadhurst Theater; and

WHEREAS, The Developer intends to construct a 268,400 (approximately) square foot building (“New Building”) of 55 stories, which will comply with all use, height and setback requirements, and is proposed to include a ground floor restaurant, about 270 transient hotel rooms and about 170 residential condominium units with hotel services; and

WHEREAS, ZR§81-744 permits the transfer of unused air rights without a public hearing by the Community Board or the City Planning Commission provided that: (a) the amount of floor area to be transferred increases the amount of floor area allowable on the receiving site by no more that 20%; (b) the allowable floor area of the granting site is reduced by the amount of floor area transferred; (c) the owner of the granting site agrees to continue the use of the granting site a legitimate theater for so long as the building constructed by using the transferred development rights is in existence; (d) and an amount of money equal to $14.91 for each square floor of developments rights transferred is contributed to the Theater Sub-District Fund; and

WHEREAS, The Martin Beck and St. James Theaters are “Listed Theaters”, and their owner has agreed to maintain the theaters in good condition and as a legitimate theaters for so long as the New Building exists, and the total transferred development rights, 17,972 square feet, does not exceed the basic floor area ratio of the Receiving Site by more than 20%; and

WHEREAS, The Theater Sub-District Fund has not yet been created, however, the Applicants have agreed to deposit $267,962.52 in an escrow fund with the New York City Law Department, and

WHEREAS, Community Board Five remains disturbed that the Theater Sub-District Fund and the Theater Sub-District Council have not yet been formed, despite a) an escrow holding in excess of $3,000,000 (including the proposed transactions) and b) our repeated urging specifically detailed in resolutions and letters sent in April 2006, May 2006, July 2006, and March 2007; and

WHEREAS, Notwithstanding our disappointment at the City’s failure to act, we agree that the Applicants have met the required findings required by the Zoning Resolution for issuance of the certification; therefore be it

RESOLVED, That Community Board Five urges Extell West 45th LLC to incorporate "green" technology in the New Building, and to utilize LEED equivalent standards; and be it further

RESOLVED, That Community Board Five recommends approval of the application for a certification for the transfer of up to 17,972 square feet of development rights pursuant to ZR§84-744(a) within the Theater Sub-District of the Special Midtown District from the Martin Beck and St. James Theaters to a receiving site located at 131-139 West 45th Street.

After some discussion, the resolution passed with a vote of 25 in favor, 10 opposed, 2 abstention.

WHEREAS, Extell West 45th LLC and Broadhurst Theater LLC (collectively, the “Applicants”) have applied for a zoning certification pursuant to ZR§84-744(a) to permit the transfer of: a) approximately 54,820 square feet of unused development rights from the Broadhurst Theater, located at 235 West 44th Street, to a receiving site at 131-139 West 45th Street (“Receiving Site”); and

WHEREAS, The Receiving Site is zoned C6-5.5(MiD), and also comprises additional zoning lots, permitting the as-of-right construction of a building containing approximately 195,600 square feet; and

WHEREAS, Extell West 45th LLC (the “Developer”) has separately applied for a certification to permit the transfer of approximately 17,972 square feet of unused development rights from the Martin Beck and St. James Theaters; and

WHEREAS, The Broadhurst Theater is a “Listed Theaters”, and its owner has agreed to maintain the theater in good condition and as a legitimate theater for so long as the New Building exists, and the total transferred development rights do not exceed the basic floor area ratio of the Receiving Site by more than 20%; and

WHEREAS, The Theater Sub-District Fund has not yet been created, however, the Applicants have agreed to deposit $817,366.20 in an escrow fund with the New York City Law Department, and

RESOLVED, That Community Board Five urges Extell West 45th LLC to incorporate "green" technology in the New Building, and to utilize LEED equivalent standards; and be it further

RESOLVED, That Community Board Five recommends approval of the application for a certification for the transfer of up to 54,820 square feet of development rights pursuant to ZR§84-744(a) within the Theater Sub-District of the Special Midtown District from the Broadhurst Theater to a receiving site located at 131-139 West 45th Street.

After some discussion, the resolution passed with a vote of 25 in favor, 10 opposed, 2 abstention.

LANDMARKS

Designation of Guardian Life Insurance Company Annex, 105 East 17th Street.

WHEREAS, The Guardian Life Insurance Annex, located at 105-117 East 17th Street and 106-116 East 18th Street, mid block between Park Avenue South and Irving Place, was calendared for a public hearing Tuesday, March 10, 2007 by the Landmarks Preservation Commission for designation as an individual NYC landmark; and

WHEREAS, The three-story Guardian Life Annex was designed by the distinguished world famous architectural firm of Skidmore, Owings & Merrill (SOM) and was built from 1959-63; and

WHEREAS, It was built in the International Style, featuring meticulously detailed aluminum and glass curtain walls consisting of a nearly smooth skin of glass and aluminum spandrels with thin vertical mullions which project from the otherwise smooth walls, creating shadows to provide texture and depth and emphasizing its skeletal construction; and

WHEREAS, The Guardian Life Annex resembles other designated works by award winning SOM such as Lever House, Pepsi Cola Building and others, and achieves its beauty through a clear articulation of structure, proportional relationships and refined detailing; and

WHEREAS, It is an elegant, yet small, simple modern office building, in keeping with, respectful of and sensitive to its low-rise 19th century residential neighborhood and is considered to be one of the finest examples of post World War II architecture; and

WHEREAS, The designation of the Guardian Life Annex is strongly supported by its neighbors, the community, the residents of the East l7th Street/Irving Place Historic District and many major preservation organizations in NYC, including the Municipal Art Society, the New York Landmarks Conservancy and the Historic Districts Council, and by the Union Square Community Coalition, Gramercy Neighborhood Associates and many public officials; and

WHEREAS, In 1997, Community Board Five in a vote of 35 in favor and with none opposed recommended designation of a new East 17th Street/Irving Place Historic District, which would have included the Guardian Life Annex, subsequently removed from the proposed new district by the Landmarks Preservation Commission because it was of a different architectural style from the district; and

WHEREAS, In October of 2001, Community Board Five again voted, 24 in favor with none opposed to recommend designation for the Guardian Life Annex as an individual NYC landmark because it is considered an “everyday masterpiece, a distinctive work by a leading modern architectural firm and represents an important moment in the evolution of the modern office building”; therefore be it

RESOLVED, That Manhattan Community Board Five again strongly recommends individual landmark designation for the Guardian Life Annex for its masterful composition, and for its architectural, historical and cultural importance as an “early and pristine example of corporate modernism,” and because it is a perfect example of how a well designed modern building can be harmonious to and respectful of its 19th century neighbors.

After much discussion, the resolution passed with a vote of 32 in favor, 0 opposed, 3 abstention.

12 West 17th Street, application to replace the windows throughout the apartment

WHEREAS, 12 West 17th Street, a 12-story, early 20th Century, commercial style building designed by Schwartz & Gross and built from 1911-1912 converted to residential co-ops, located between 5th and 6th Avenue, within the Ladies’ Mile Historic District, and

WHEREAS, The residents of the 11th floor unit propose to replace rear (back) facade windows with modified windows by lowering the sill by 18 inches and changing their opening/closing mechanism; and

WHEREAS, They propose to replace a fire escape door with a glass door with the same fenestration as the window units; and

WHEREAS, Two of the four windows and fire escape door are screened by the existing fire escape barely noticeable from the public way; and

WHEREAS, The remaining two windows are noticeable from a 15 foot pathway along the south side of 16th Street; and

WHEREAS, The 11th and 12th floors and part of the 10th floor of this elevation is minimally visible, thereby mitigating the impacts normally seen when there is a consistent fenestration pattern across a totally visible elevation; and

WHEREAS, The Board does not encourage changes to historic windows, either in size or mechanical operation, especially in a single unit, and

WHEREAS, This applicant took great effort to design replacement windows that are virtually indistinguishable from the historic originals; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to replace windows throughout the apartment at 12 West 17th Street, located in the Ladies’ Mile Historic District.

After some discussion, the resolution passed with a vote of 31 in favor, 3 opposed, 2 abstention.

18 West 23rd Street, Application to install a new storefront, construction of a rooftop addition and new stair bulkhead, and to alter the rear facade.

WHEREAS, The building at 18 West 23rd Street, located in the Ladies’ Mile Historic District, is a five-story, commercial building built in 1857 and altered in the early 20th Century Commercial style in 1924, and

WHEREAS, A new wood storefront is proposed to replace the existing aluminum clad storefront; and

WHEREAS, The cast iron columns currently covered with metal coverings will be exposed and restored; and

WHEREAS, Existing windows are to be scraped and painted; and

WHEREAS, The applicant proposes to build a rooftop addition of concrete block with a stucco finish to resemble the existing building, and will be set back 27’-0” from the front elevation; and

WHEREAS, The applicant proposes to remove the exterior fire escapes from the building’s rear to replace it with a new steel fire stair to be installed in the building’s interior; and

WHEREAS, The applicant proposes to install new balconies on the rear facade of the 3rd, 4th, and 5th floors; and

WHEREAS, The applicant has installed a mock-up of the proposed 6th floor addition; and

WHEREAS, The proposed work is in keeping with the character of the building’s architecture, and is harmonious with the surrounding neighborhood; and

WHEREAS, Neither the proposed balconies nor the proposed 6th floor addition can be viewed from the surrounding public throughways; therefore be it

RESOLVED, That Community Board Five recommends approval of the application to install a new storefront, construct a rooftop addition and new stair bulkhead, and alter the rear façade at 18 West 23rd Street.

After some discussion, the resolution passed with a vote of 35 in favor, 0 opposed, 1 abstention.

7 East 17th Street / 10 East 18th Street, request an amendment to original application for a restoration of an eight story neo-classical building with two facades

WHEREAS, 7 East 17th Street/10 East 18th Street in the Ladies’ Mile Historic District is a Neo-Renaissance style store and loft building (1900-02) designed by Moore and Lausiedel Architects; and

WHEREAS, The applicant applied and was granted a Certificate of Appropriateness in 2005 for the repair and restoration of the façades and storefronts; and

WHEREAS, When construction started, the applicant discovered the 8-10 East 18th Street storefront to be in an existing condition that was beyond restoration or repair; and

WHEREAS, The applicant proposes to replicate the existing cast iron storefront with a steel replica with fiberglass ornaments, to be painted to replicate the original condition; therefore be it

RESOLVED, That Community Board Five recommend approval of the application to amend the previously granted permit for restoration.

After some discussion, the resolution passed with a vote of 35 in favor, 0 opposed, 1 abstention.

36 West 56th Street, request for consideration for designation

WHEREAS, 36 West 56th Street, between 5th and 6th Avenues, was built 1881-82 and was designed by the very distinguished NY architect of that period, Bruce Price, and is one of only a few of his buildings that remain in existence; and

WHEREAS, Bruce Price (1845-1903) was also the architect of many of the magnificent Canadian Pacific Railway Stations and Chateau-Hotels, including the fabulous Chateau Frontenac in Quebec, the Montreal Windsor Station and Tuxedo Park, a vacation community in New York; and Mr. Price is believed to have influenced such architects as Frank Lloyd Wright; and

WHEREAS, 36 West 56th Street was constructed on one of the few undeveloped lots on the block and was built on nearly the entire depth of the lot, some 90 feet, whereas row houses built a decade earlier were usually only 60 feet deep, making this a larger and grander residence; and

WHEREAS, It was singled out in Harper’s New Monthly Magazine as one of the few successful applications of the Queen Anne style in New York architecture, with a tin roof and using red brick and terra cotta, thus achieving an extraordinarily brilliant and dazzling façade; and

WHEREAS, A subsequent addition altered the ground floor for commercial use, but the façade is still very much intact and retains much of Price’s details including molded bricks with round boses, transoms with small square window panes, an iron terrace railing and a pedimented iron cornice; and

WHEREAS, Some months ago Community Board Five recommended designation of an historic district, which included 53rd, 54th and 56th Streets, between 5th and 6th Avenues encompassing 36 West 56th Street; and

WHEREAS, It should also be noted the community within that area strongly supports this designation; and

WHEREAS, According to noted architectural historian Andrew Dolkart, “I am a great fan of 36 West 56th Street. This is a rare example of a surviving building by Bruce Price, a major New York architect. Its detail is fantastic”; therefore be it

RESOLVED, That Community Board Five recommends individual landmark designation for 36 West 56th Street for its extraordinary beauty and rare architecture and for its distinguished architect.

After some discussion, the resolution passed with a vote of 35 in favor, 0 opposed, 1 abstention.

PARKS

Lower East Side Ecology Center/Outstanding Renewal Enterprises, application for an electronic waste recycling event in Union Square Park (North Plaza) on Sunday, September 9, 2007.

WHEREAS, The Lower East Side Ecology Center, a.k.a. Outstanding Renewal Enterprises, Inc. in association with the New York City Department of Sanitation and Goodwill Industries, has applied for a special permit for an electronic recycling event and clothing drive in Union Square Park, on the north plaza, for Sunday, September 9, 2007; and

WHEREAS, There is no Green Market on Sundays; and

WHEREAS, The set up, maintenance and clean-up will begin at 6:00am and end at 3:00pm; and

WHEREAS, Electronics make up only 1% of the waste stream but 70% of the toxic waste; and

WHEREAS, The electronics and clothing collected will be recycled, thereby eliminating it from the waste stream; and

WHEREAS, The event has been held for several years without incident; therefore be it

RESOLVED, That Community Board Five recommends approval of the Ecology Center’s application to conduct an electronic waste recycling event at Union Square on Sunday, September 9, 2007.

The above resolution was passed with a vote of 34 in favor, 0 opposed, 2 abstentions.

Earthbox event in Union Square North Plaza

WHEREAS, The applicant, The Growing Connection of the Food and Agriculture Organization of the United Nations, has been granted permission by the New York City Department of Parks & Recreation to hold an event in Union Square Park at a date to be determined; and

WHEREAS, The event called International “Earthbox” Day has been deemed a part of the National Garden Month Celebration; and

WHEREAS, The event will be conducted on the pavement of the north side of Union Square Park; and

WHEREAS, The Growing Connection will begin set-up of this event at 7:00 am, will conduct demonstrations on the planting and usage of earth boxes between 11:00 am and 5:00 pm, and will complete clean-up at 8:00 pm; and

WHEREAS, International “Earthbox” Day is an educational event, whose participants will include PS 11, PS 198, PS 77, MS 206B, Good Shepherd Services, New York City Housing Authority, Our Lady Star of the Sea, School of Community Research and Learning, St. Patrick’s Old Cathedral Academy and the Stanley M. Isaacs Neighborhood Center; and

WHEREAS, This is a free event, there will be no commercial vendors at this event, and the only merchandise being sold will be t-shirts for $5.00 each; and

WHEREAS, The only amplified sound will be the use of the park’s short range public announcement system for speakers from the Department of Parks & Recreation and the United Nations, scheduled for 1:30 pm; therefore be it

RESOLVED, That Community Board Five recommends approval of the Departments of Parks & Recreation’s International “Earthbox” Event.

The above resolution was passed with a vote of 34 in favor, 0 opposed, 2 abstentions.

No Show Applications

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

Ayah Entertainment, application for a music event at Union Square Park on Saturday, August 18, 2007
Globesonic Entertainment, application to hold a world music and yoga event on Sunday, June 3, 2007 in Union Square Park

WHEREAS, Community Board Five takes its role in the review of applications for events in our public parks seriously; and

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

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

The above resolution was passed with a vote of 34 in favor, 0 opposed, 2 abstentions.

Borough Board Resolution Calling on the New York City Parks Department to “Make All New or To-Be-Renovated Park Facilities ADA Compliant”

WHEREAS, The New York City Parks Department undertakes capital projects costing millions of dollars annually to upgrade park facilities in the 29,000 acres of parkland in the City; and

WHEREAS, An estimated 14% of New York’s population has a disability, yet the majority of New York City Parks’ comfort stations, park features, and other park facilities are not accessible for people with disabilities; and

WHEREAS, Any major renovation undertaken in New York should meet the highest standards of the Americans with Disabilities Act (ADA), yet the Parks Department often makes renovations and performs required contract work without ensuring ADA compliance; and

WHEREAS, In a New York State Comptroller audit of the New York City Parks Department released in 2005, it was found that in a sample of 50 new Parks construction projects, 29 did not include specific plans to address ADA-accessibility requirements. While the Parks Department agreed to “do better,” little progress has since occurred; and

WHEREAS, The prime example of exclusionary work is the Vesuvio Playground renovation, under which the entire park has been demolished and will be rebuilt, yet the non-compliant comfort station remains standing and is not slated for work to bring it into ADA compliance. The Parks Department has made a pattern of neglecting to bring entire parks into compliance when work is performed; and

WHEREAS, Of Manhattan’s 207 playgrounds, under the Parks Department’s accessibility codes, only 21 are considered accessible, leaving hundreds of children throughout this borough without proper playground access as every child needs and deserves; and

WHEREAS, It is time the New York City Parks Department commits to making every new capital project ADA compliant, from comfort stations to playgrounds, thus allowing every New Yorker to fully enjoy our public spaces; therefore be it

RESOLVED, that Community Board Five calls on the New York City Parks Department to require all major renovations and requirement contract capital work to include ADA compliant comfort stations, playgrounds, and all other park facilities as far as the landscape will allow.

The above resolution was passed with a vote of 32 in favor, 3 opposed, 1 abstentions.

People for the Ethical Treatment of Animals (PETA) proposal to install a sculpture for 3-4 weeks at Union Square Park in May or June 2007

WHEREAS, The applicant, People for the Ethical Treatment of Animals (PETA), has applied for a permit to install a sculpture in the form of an elephant in Union Square Park in either May or June 2007; and

WHEREAS, The applicant wishes to keep the sculpture in place for a two week period; and

WHEREAS, Community Board Five questions whether the sculpture should be considered art for it would not be reviewed by the Art Commission and appears more in the nature of a political billboard; and

WHEREAS, The message is of a political nature but the message would not be attributed to any particular source so as to provide context for the message; therefore be it

RESOLVED, That Community Board Five, without taking any position on the content of billboard's message, recommends denial of the permit for People for the Ethical Treatment of Animals (PETA) to install a sculpture in Union Square Park in either May or June 2007.

The above resolution passed with a vote of 15 in favor, 19 opposed, and 1 abstention.

CONSENTS & VARIANCES

27-39 East 30 Restaurant Corp., 27-39 East 30th Street

WHEREAS, 27-39 East 30 Restaurant Corp., has submitted an application for an unenclosed sidewalk cafe for 12 tables and 24 seats at 27-39 East 30th Street; and

WHEREAS, The applicant appeared before the Community Board Five’s Consents & Variances Committee on Thursday, April 12, 2007; and

WHEREAS, Based on observation of pedestrian traffic pattern by a member of the Committee, the placement of an unenclosed sidewalk café at this location will not impede pedestrian flow; therefore be it

RESOLVED, That Community Board Five recommends approval of the application by 27-39 East 30 Restaurant Corp., 27-39 East 30th Street, application for an unenclosed sidewalk cafe for 12 tables and 24 seats.

The above resolution passed with a vote of 33 in favor, 0 opposed, 2 abstentions.

Manna Kitchen Inc., 28 East 18th Street

WHEREAS, Manna Kitchen Inc., has submitted an application for an unenclosed sidewalk cafe for 12 tables and 24 seats at 28 East 18th Street; and

WHEREAS, After visiting the site, the Board has concerns that the size of the unenclosed sidewalk café will impede the flow of pedestrians; and

WHEREAS, The applicant has agreed to amend the application to address the Board’s concerns regarding the above condition from 12 tables and 24 seats to 8 tables and 16 seats (see attached agreement); and

WHEREAS, The applicant will submit revised plans reflecting said revisions to the Department of Consumer Affairs; therefore be it

RESOLVED, That Community Board Five recommends approval of the amended application by Manna Kitchen Inc., for an unenclosed sidewalk cafe for 8 tables and 16 seats at 28 East 18th Street.

The above resolution passed with a vote of 33 in favor, 0 opposed, 2 abstentions.

41 West LLC, 41 West 57th Street

WHEREAS, 27-39 East 30 Restaurant Corp., has submitted an application for an unenclosed sidewalk cafe with 3 tables and 18 seats at 41 West 57th Street; and

WHEREAS, The applicant appeared before the Community Board Five’s Consents & Variances Committee on Thursday, April 12, 2007; and

RESOLVED, That Community Board Five recommends approval of the application by 41 West LLC, 41 West 57th Street, application for an unenclosed sidewalk cafe with 3 tables and 18 seats.

The above resolution passed with a vote of 20 in favor, 13opposed, 1 abstention.

Application # 75143, Application to move building line public pay telephone to the curb at 377 Park Avenue South, between 26th and 27th Streets

WHEREAS, The Applicant is the franchised owner of a public pay telephone (“PPT) located in front of 377 Park Avenue South; and

WHEREAS, The Applicant has requested permission to move the PPT from the building line to the curb at the same location; and

WHEREAS, The Department of Information Technology & Telecommunications (“DOITT”) has requested written comments from Community Board Five in connection with said application; and

WHEREAS, After an inspection of the location in question, no PPT was found on the site, although

there were evidence on the sidewalk that a PPT was removed from the curb in front of the site; and

WHEREAS, Community Board Five believes that a PPT installed on the building line at the curb would constrict pedestrian flow; and

WHEREAS, Community Board Five questions the necessity or desirability of a PPT at this location since there is another PPT, a “double” PPT, located just a few yards south of the requested location; therefore be it

RESOLVED, That Community Board Five recommends denial of the application to move building line public pay telephone to the curb at 377 Park Avenue South.

The above resolution passed with a vote of 20 in favor, 4 opposed, 2 abstention.

HUMAN SERVICES & YOUTH

REAACT, Intro. 359 (Ready Access to Assistance Act), to allow advocates to access public areas in city offices that administer public benefits including food stamps

WHEREAS, Applying for public benefits in the City of New York can be a difficult and confusing process for many; and

WHEREAS, The bureaucracy of the City of New York can be difficult to navigate for those unfamiliar with it; and

WHEREAS, The agencies of that bureaucracy may not always provide applicants and/or recipients of benefits with all pertinent information regarding the benefits to which they may be entitled and/or the procedures to apply for such benefits; and

WHEREAS, From 1974 until the early 1990’s advocates from private, not-for-profit organizations were allowed in the public areas of certain city agencies to provide assistance and

information to benefit seekers and recipients without reported incident or difficulties; and

WHEREAS, New York State currently allows such advocates to operate help tables at welfare fair hearing offices, Family Court and Housing Court; and

WHEREAS, The Public Advocate for the City of New York has proposed City Council Introduction 359 (2006) known as the Ready Access to Assistance Act (REAACT), which would allow privately funded advocates from not for profit organizations to be located in public areas of government offices where benefit applicants and recipients congregate; and

WHEREAS, REAACT would allow such advocates to distribute literature, assist in the application process, assist in meetings with agency representatives, translate documents, and provide interpretation services; and

WHEREAS, REAACT is designed to operate at minimal to no cost to the City; and

WHEREAS, Agencies would be able to regulate the number and location of such advocates so as to avoid congestion or confusion; therefore be it

RESOLVED, That Community Board Five supports the goals of City Council Introduction 359 (2006) known as the Ready Access to Assistance Act (REAACT) and urges the Council of the City of New York to pass it into law.

The above resolution passed with a vote of 35 in favor, 0 opposed, 0 abstention.

Resolution on Project Arts (Arts Restoration to the Schools)

WHEREAS, More than any other single event or initiative, Project ARTS (Arts Restoration to the Schools) has been the catalyst for the growth and expansion of arts education over the past ten years, though the system is still a long way off from providing arts education as an essential part of every child’s education; and

WHEREAS, The number of full-time arts specialists is 2,299; the number of part-time arts specialists is 288; the number of schools without any arts specialists is at least 268; the level of funding of Project ARTS has remained at $67.5 million for the past five years and the school system is not meeting the minimum New York State requirements for arts education; and

WHEREAS, The Department of Education has proposed, as part of its Children First reforms, to change the Project ARTS funding status from categorical to “unrestricted,” which could result in the elimination of these funds towards arts education; and

WHEREAS, In the new system principals will have more control of arts money going into their schools when in fact, the Leadership Academy which trains principals and assistant principals has little in its curriculum related to arts education and many currently serving principals are not current about the value and applications of arts education; and

WHEREAS, The proposal eliminates salaries for Regional Arts Supervisors, leaving principals without key support; and

WHEREAS, Principals’ effectiveness will be more heavily judged based on student testing in areas such as math and English, which may lead to their directing more funds into these areas at the expense of the arts; and

WHEREAS, The arts program at each school must be proven to improve student outcomes in order to qualify for increased arts funding in the proposed system and this “proof” needs at least a year to eighteen months to show up on evaluations; therefore be it

RESOLVED, That Community Board Five urges the DOE to continue Project Arts for a least one more year, due to the critical importance of Project ARTS in paying for services of cultural organizations, funding arts specialist positions, paying for supplies and professional development, thus allowing time to help seed spending for arts education across the system during this major period of transition. This would create a stronger comparison from baseline to the end of the next school year, as well as provide time to develop performance-based assessments; and be it further

RESOLVED, That Community Board Five urges incorporating Regional Arts Supervisors into any new structure to provide key support for principals and sustain partnerships with the cultural community; and be it further

RESOLVED, That Community Board Five urges an increase to Project Arts funding proportionate to the total increase that the DOE will be receiving from the State budget and the Campaign for Fiscal Equity settlement.

The above resolution passed with a vote of 35 in favor, 0 opposed, 0 abstention.

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