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Consents & Variances
Newsstand application # 1410018, SEC 8th Avenue and 42nd Street
WHEREAS, The applicant seeks a permit to install and operate a newsstand on SEC of 42nd Street and 8th Avenue, and
WHEREAS, The applicant failed to appear at a regularly scheduled meeting and failed to address questions and concerns CB5 has about the application; and
WHEREAS, Six individuals representing 11 Times Square (the building directly behind the proposed newsstand location) were present to oppose the proposed newsstand; and
WHEREAS, Their findings showed that the applicant's schematic drawings contained several inaccuracies which make the placement of the proposed newsstand non-compliant; and
WHEREAS, Those inaccuracies include only 7'6" of usable sidewalk space when measured from the property line as opposed to the building line; and
WHEREAS, The glass marquee is improperly drawn and leaves only 3'8" of space for cleaning and maintenance where 5' of space is usually required for any such canopy; and
WHEREAS, the building was specifically designed to relieve pedestrian congestion and act as a visual corridor and 'gateway' to the 42nd Street / Times Square areas; and
WHEREAS, The addition of the proposed newsstand would obstruct that visual design concept; and
WHEREAS, CB5 already has serious concerns about pedestrian safety at this street corner and all around the Times Square area; and
WHEREAS, With potentially three new floors of retail space in the building at 11 Times Square, pedestrian traffic could be increased significantly; and
WHEREAS, Independent pedestrian counts currently show extremely heavy pedestrian traffic on this corner especially during morning and evening rush hours and the 7pm to 8pm hours preceding Broadway Theater productions; and
WHEREAS, Being the uptown thoroughfare to the Times Square area and with the Port Authority Bus Terminal directly across the street, 8th Avenue at 42nd Street has very high volumes of vehicular traffic; and
WHEREAS, The placement of the proposed newsstand would only serve to increase pedestrian congestion thereby potentially causing people to have to walk in the street; and
WHEREAS, Pedestrians in street traffic create a particularly dangerous situation; and
WHEREAS, DOT has seemingly already recognized other pedestrian dangers at this intersection by placing pedestrian street railings on the Northwest corner of 42nd Street and 8th Avenue; and
WHEREAS, The area is already adequately served by existing "brick and mortar" vendors including those inside of the Port Authority Bus Terminal, as well as three surrounding newsstands on the SEC 41st Street and 8th Avenue, NEC 40th Street and 8th Avenue, and directly around the same corner as the proposed newsstand on the 42nd Street side of the SEC of 42nd Street and 8th Avenue; therefore be it
RESOLVED, That Community Board Five finds that the proposed newsstand is not compliant with the required DOT and DCA regulations and therefore Community Board Five recommends denial of the application to install a newsstand on SEC of 42nd Street and 8th Avenue; and be it further
RESOLVED, That Community Board Five finds that the installation of a newsstand at this location would negatively impact pedestrian traffic by creating further congestion, thus making for an unsafe condition for pedestrian and vehicular traffic; and be it further
RESOLVED, That Community Board Five requests that DOT and DCA take into consideration the findings and opinions of the representatives for SJP TS JV, LLC (the developer at 11 Times Square); and be it further
RESOLVED, That Community Board Five urges DOT to proceed with the pedestrian counts at this location on a Wednesday, Thursday or Friday between 5 PM- 8 PM.
The above resolution passed by a vote of 36 in favor; 0 opposed; 1 abstaining.