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State Licenses and Permits

414-420 Park Ave So. (28th/29th) TGAII, LLC – Gansevoort Hotel, hotel liquor license & rooftop bar & lounge

WHEREAS, The applicant, TGAII, LLC, a/k/a Gansevoort Hotel, has notified Community Board Five of its intent to operate a hotel liquor license and rooftop bar and lounge for the premises located at 414-420 Park Ave South (presently under construction – anticipated completion date of January 2010); and

WHEREAS, This new hotel will be 20 stories with approximately 250 rooms; and

WHEREAS, The hotel liquor license will permit the hotel to offer room service to patrons and spa guests and will contain a catering hall, a bar/lounge on the ground/mezzanine floors, and a three-story bar/lounge on floors 18, 19, and 20; and

WHEREAS, The premises will also contain a restaurant which is not the subject of this application but will be provided for in a future application; and

WHEREAS, The ground floor and mezzanine level will have:

WHEREAS, The third floor of the premises will have:

WHEREAS, The 18th floor of the premises will have:

WHEREAS, The 19th floor of the premises will have:

WHEREAS, The 20th floor of the premises will have:

WHEREAS, The sound system at the premises shall conform to the specifications recommended in the attached sound engineer's report. All amplified sound in the outdoor areas (other than the pool area) shall be turned off at 12:00 midnight Sunday – Thursday, and 1:00 a.m. Friday and Saturday; and

WHEREAS, The applicant (with written support from CB5) shall request a variance to increase the height of the parapet from 3'6" to 6' in order to minimize any sound that may emanate from the outdoor areas; and

WHEREAS, Waiting areas shall be designated within the premises to avoid any waiting lines outside the premises and of the five elevators in the building, two will be express to the roof area during peak times and special events; and

WHEREAS, The applicant has already begun discussions with nearby parking lots in order to address concerns re vehicular parking, double parking and off-site waiting of livery vehicles; and

WHEREAS, Michael Achenbaum (a principal of the applicant), his partner, head of security and architect met with CB5's Public Safety/Quality of Life Committee to address all concerns regarding this operation and he and his partner, with representatives from CB5, met again the following week with neighborhood representatives to ensure that all concerns had been met; and

WHEREAS, There was no opposition voiced by the public at either of these meetings; and

WHEREAS, The applicant offered to met with neighbors and CB5 on a regular basis if requested and also offered to provide a 24-hour hotline to a live manager or security director to immediately address any complaints from the community; and

WHEREAS, Applicant has agreed that should Michael Achenbaum and/or William Achenbaum ever not have the managing membership interest in the applicant and/or the operator of the premises, any potential transferee of such interest or management shall come before Community Board Five for approval prior to any such transfer of the liquor license; and

WHEREAS, Although it is not within the scope of CB5's input regarding the liquor license for the premises, in order to address residents' concern regarding the ambient light column on the building, the applicant encouraged residents to view the same light column on the downtown Gansevoort, which has not been a problem and also provided CB5 with a letter (attached) from his architect certifying that the light column has been approved by the Department of Buildings and is in compliance with the building code and zoning resolutions; and

WHEREAS, The applicant has agreed to adhere to all of the above in the form of a signed affidavit and to incorporate these conditions into the liquor license application method of operation and will submit to CB5 a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends denial of the hotel liquor license and rooftop bar and lounge for TGAII, LLC – a/k/a Gansevoort Hotel, located at 414-420 Park Avenue South (28th/29th)unless the above and attached 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 27 in favor; 0 opposed; 2 abstaining.

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