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Public Safety & Quality of Life

153 West 57th Street (between 6th and 7th Avenues), new York, New York, Hyex 57 Hotel LLC and Hyatt Corporation d/b/a “Park Hyatt New York Hotel”, application for a new hotel liquor license

At the regularly scheduled monthly Community Board Five meeting on Thursday, March 13, 2014, the following resolution passed with a vote of 38 in favor; 0 opposed; 1 abstaining:

WHEREAS, HYEX 57 HOTEL LLC and HYATT CORPORATION ("Applicant"), has notified Community Board Five of its intention to apply for a new hotel liquor license for the hotel to be located at 153 West 57th Street (between 6th and 7th Avenues) New York, New York (the "Premises"); and

WHEREAS, The Premises consists of approximately 284,240 square feet, comprised of 25 floors containing guest rooms, suites, ballrooms, meeting rooms, restaurant, bar, service bar, room min-bars, a full kitchen, spa, and pool; and

WHEREAS, The total capacity of the Premises is 1,050 persons, with the dining rooms having a seating capacity of 279 and the bar having a seating capacity of 69; and

WHEREAS, The hotel will be open 24 hours a day/seven days a week, hosting private events in the ball rooms, and serving breakfast, lunch and dinner from 6:00 AM to 4:00 AM every day in the restaurant; and

WHEREAS, The Premises, which has never been licensed to serve liquor, is new construction subject to the 500 Foot Rule of the ABC Law; and

WHEREAS, There is a small unenclosed terrace (the "Second Floor Terrace") on the second floor of the Premises; and

WHEREAS, The Second Floor Terrace is intended to be furnished with 5 tables, 12 chairs, with a total capacity of 18 persons; and

WHEREAS, Access to the Second Floor Terrace is through double doors off of one of the small banquet rooms (the "Executive Boardroom"); and

WHEREAS, The Executive Boardroom is a banquet room with a capacity of 18 persons to be used for meetings, catering, and private parties; and

WHEREAS, The Second Floor Terrace opens onto a courtyard, which courtyard is enclosed on all 4 sides; and

WHEREAS, Opposite the Second Floor Terrace are residential buildings located at 152 West 58th Street and 150 West 58th Street, with residences just 30 feet from the Second Floor Terrace; and

WHEREAS, Because of the enclosed nature of the courtyard containing the Second Floor Terrace, the courtyard becomes an echo chamber, with any sound being multiplied and carried throughout the entire courtyard; and

WHEREAS, A large number of residents appeared at the Committee on Public Safety and Quality of Life hearing to express their urgent concern about the Second Floor Terrace, citing concerns about noise and other disturbances from the Second Floor Terrace just outside their windows; and

WHEREAS, The Applicant was willing to make some concessions regarding occupancy, hours, and use of the Second Floor Terrace, but Community Board Five finds that, BECAUSE OF THE LOCATION OF THE SECOND FLOOR TERRACE IN AN ENCLOSED COURTYARD JUST 30 FEET AWAY FROM RESIDENTIAL BUILDINGS, THERE IS NO WAY FOR THE SECOND FLOOR TERRACE TO BE OPERATED WITHOUT SIGNIFICANTLY AND IRRECONCILABLY IMPOSING ON THE RESIDENTS ADJACENT TO THE SPACE; and

WHEREAS, CB5 finds that use of the Second Floor Terrace, with no light or views, is insignificant to the operation of the Premises as a whole but its impact on the lives of the adjacent residents would be gravely significant; and

WHEREAS, Community Board Five repeatedly asked the Applicant to forgo use of the Second Floor Terrace, to which they refused; and

WHEREAS, Because of the Applicant's refusal to tailor its method of operation to be compatible with the particular needs of this location, CB5 finds that granting a liquor license for the Premises is NOT in the public interest; therefore be it

RESOLVED, Community Board Five recommends denial of the application by HYEX 57 HOTEL LLC and HYATT CORPORATION for a new hotel liquor license for the hotel to be located at 153 West 57th Street (between 6th and 7th Avenues) New York, New York.

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