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Consents & Variances
NEC of East 49th Street and 5th Avenue
WHEREAS, The applicant, seeks a permit to install and operate a 6’x10” newsstand at the NEC of East 49th Street and 5th Avenue; and
WHEREAS, The proposed newsstand would be located in an area that registers an extremely 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, and 2,000 pedestrians have been killed in motor vehicle collisions on the streets of New York City in the past 12 years and each day approximately 35 pedestrians are struck by autos in NYC; and
WHEREAS, The neighborhood is adequately served by the existing newsstands and newspaper stores in the vicinity; and
WHEREAS, The proposed newsstand would be in front of Saks 5th Avenue, in violation of the section 2-65 of RULES OF THE CITY OF NEW YORK TITLE 6 DEPARTMENT OF CONSUMER AFFAIRS CHAPTER 2: LICENSES SUBCHAPTER G: SIDEWALK STANDS PART 1: NEWSSTANDS stipulating that a newsstand shall not be installed in front of a building that has 3 or more floors of retail space, and Saks 5th Avenue has 10 floors of retail space, and
WHEREAS, the zoning code of NYC was amended to create a Fifth Avenue Special Business District, that recognizes it as an exceptional visual corridor where planters and newsstands should be prohibited, and
WHEREAS, the Art Commission (newly renamed Design Commission), noted that “the Fifth Avenue Business District has exceptional visual corridors and that the addition of any obstructions, including planters and newsstands will severely detract from its attractiveness and effectiveness,” and
WHEREAS, Saks 5th Avenue has submitted a letter opposing the proposed newsstand, and
WHEREAS, Community Board Five is gravely concerned by the increase of 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 applications for newsstands are usually presented by small business, minority owners 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 NEC of East 49th Street and 5th Avenue because it is not in compliance with city guidelines, and be it further
RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian count at the location at rush hour, and be it further
RESOLVED, That in recognizing that the cost for applications to a newsstand is very high to small business owners and operators, Community Board Five requests that DCA refunds the application fee for applications that are denied, and be it further
RESOLVED, That in recognizing that Community Board Five members have spent countless hours reviewing applications for newsstands, and surveying proposed sites, Community Board Five urges DCA to stop allowing applications for newsstands that are not in compliance with New York City Guidelines for newsstands, and respectfully informs DCA that it will no longer accept applications that are not in compliance.
The above resolution passed by a vote of 35 in favor; 0 opposed; 1 abstaining.