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Consents & Variances

Newsstand Application #1338520, SEC West 42nd Street & Broadway

WHEREAS, The applicant is proposing a newsstand on the southeast corner (SEC) of 42nd Street and Broadway; and

WHEREAS, CB5 has a moratorium on new newsstands along 42nd Street between 8th Avenue and 5th Avenue and in the Bowtie section of Times Square; and

WHEREAS, The proposed newsstand would be located in an area that registers heavy pedestrian flow; and

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

WHEREAS, Safety is a crucial concern for Community Board Five, with 2,000 pedestrians having been killed in motor vehicle accidents on the streets of New York City in the past 12 years and on average about 35 pedestrians being struck by motor vehicles in NYC everyday; and

WHEREAS, Community Board Five is gravely concerned by the increase of nonconforming applications for newsstands within its district, and strongly urges Department of Consumer Affairs, Department of Transportation and the Design Commission to work with CB5 and other interested parties to establish a master plan for new newsstand locations; 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 SEC of 42nd Street and Broadway; and be it further

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

RESOLVED, That Community Board Five urges DOT to reduce the threshold level for pedestrian count for newsstand applications to 8 persons per linear foot per minute, 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 40 in favor; 0 opposed; 1 abstaining.

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