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Land Use, Housing & Zoning

245 Park Avenue, ULURP application No. N 090109 ZCM and N 090110 ZCM, application for design changes to the plaza and to allow for an open air café.

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WHEREAS, 245 Park Avenue is a 44 story building that was constructed in 1966 and runs from East 46th  Street to East 47th  Street and from Park Avenue to Lexington Avenue; and

WHEREAS, The building was constructed on as of right basis and received bonus floor area for several plazas and arcades; and

WHEREAS, In 2002 the City Planning Commission granted approval of application N020254ZCM which permitted the applicant, BFP 245 Park Avenue LLC, to establish an open air café in the portion of the plaza Lexington Avenue and East 46th  Street; and

WHEREAS, The café is 1,381 square feet with 66 feet of frontage on Lexington Avenue and  35 feet of front on East 46th  Street; and

WHEREAS, The plazas, which were constructed under the 1961 plaza standards, were upgraded by adding new moveable chairs, fixed tables, planters, bike racks, lighting and signage; and

WHEREAS, Under the Urban Plaza regulations applicable in 2002 when the City Planning Commission originally approved the café, certifications were for three years and required renewal at the end of that time period; and

WHEREAS, The applicant submitted ULURP application N060039ZCM for renewal of the café on July 22, 2005; and

WHEREAS, Subsequently the sections of the zoning text dealing with open air plazas were amended to require that open air cafés are still subject to certifications every 3 years but there is no longer a provision for renewal; and

WHEREAS, The applicant withdrew application N060039ZCM and submitted applications N090109ZCM and N090100ZCM which will supersede and replace the previous open air café certification approved by the City Planning Commission in 2002; and

WHEREAS, The applicant has placed new signage indicating the days and hours of operation of the café as required under the new regulations; and

WHEREAS, The applicant is also seeking approval for a new entrance to Grand Central Terminal midway between Park and Lexington Avenues on East 47 Street as part of  a new Cross 47th Street Passageway being built in connection with the East Side Access project for the Long Island Railroad; and

WHEREAS, The entrance will be 42 feet wide and occupy 796.25 square feet of the arcade; and

WHEREAS, The applicant and the Metropolitan Transportation Authority (MTA) have signed an Easement Agreement granting the MTA a permanent easement to the area being used for the entrance; and

WHEREAS, The area of the arcade being used for the entrance was not utilized to generate bonus floor area when the building was constructed in 1966; therefore be it

RESOLVED, That Community Board 5 recommends approval of applications N090109ZCM and N090100ZCM.

The above resolution passed by a vote of 24 in favor, 0 opposed, 2 abstaining.

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