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Consents & Variances

Newsstand # 1328156 – NWC West 35th Street and 5th Avenue

WHEREAS, The applicant is proposing a newsstand on the northwest corner (NWC) of West 35th Street & 5th Avenue; and

WHEREAS, The proposed newsstand would extend beyond the building line and create a visual blight along the Fifth Avenue corridor in violation of CB 5’s Moratorium on newsstands and other street furniture along 5th Avenue from 34th Street to 59th Street; and

WHEREAS, The local residents, in particular the residents of the Coop building adjacent to the proposed newsstand, as well as retail businesses appeared at the meeting by a representative to vehemently object to the proposed newsstand application proposed site based on negative impact on pedestrian traffic to an already heavily congested area and adverse economic impact on the area’s retailers, in particular the two retailers on two of the corners of 5th Avenue and 35th Street; and

WHEREAS, The proposed newsstand would have a negative impact on pedestrian traffic, adding to congestion and creating an unsafe condition; and

WHEREAS, The additional sidewalk congestion precipitated by the proposed newsstand may lead pedestrians to walk in the gutters and streets, thereby adding to traffic congestion and creating a potentially dangerous condition; and

WHEREAS, Community Board Five recognizes that the newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Small Business Services to assist applicants in the cumbersome application process, therefore be it

RESOLVED, That Community Board Five recommends denial of the application to install a newsstand at the NWC West 35th Street & 5th Avenue; and be it further

RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour (5 PM- 6 PM) on a weekday, and be it further

RESOLVED, That in recognizing that the cost of applying for a newsstand is very high for the applicant, including the cost of hiring professionals to assist with the application, Community Board Five requests that DCA refund the application fee for applications that are denied.

The above resolution passed by a vote of 39 in favor; 0 opposed; 1 abstaining.

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