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Consents & Variances

Newsstand Application # 14677-2014-ANWS, 425 5th Avenue, NEC 5th Avenue and West 38th Street.

At the regularly scheduled monthly meeting of Community Board Five on Thursday, December 11, 2014, the Board passed the following resolution by a vote of 33 in favor; 0 opposed; 1 abstaining.

WHEREAS, The applicant seeks a permit to install and operate a newsstand near the northeast corner of 5th Avenue and East 38th Street in perpetuity; and

 WHEREAS, The proposed newsstand would be located on a corridor of 5th Avenue where newsstands are not favored by the Fifth Avenue BID, in accordance with their position that Fifth Avenue is a "view corridor" and historic district; and

WHEREAS, The proposed newsstand would be located on a corridor of 5th Avenue where newsstands do not exist, in keeping with the BID's policy; and

WHEREAS, The proposed newsstand would be located in an area that registers significant pedestrian traffic flow and such a structure would increase congestion; and

WHEREAS, The proposed newsstand is in front of a commercial establishment and near other newsstands (not on 5th Ave) with similar articles for sale; and 

WHEREAS, Community Board Five recognizes that newsstand applicants are usually individuals and small business owners (often minorities or recent immigrants) and urges the Department of Consumer Affairs or the Department of Small Business Services to assist applicants in the cumbersome application process and provide a map of appropriate locations for newsstands; therefore be it

RESOLVED, Community Board Five recommends denial ofthe application to install a newsstand at the NEC 5TH Ave and East 38th Street; and be it further

RESOLVED, 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.

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