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1178 Broadway, application to create exterior access ramp to entry of small commercial space on ground floor.

WHEREAS, 1178 Holding Company LLC ("Applicant") is proposing to add an ADA compliant ramp (“Ramp”) at the entrance to 1178 Broadway a/k/a 17 W. 28th Street (“1178”); and

WHEREAS, 1178 Broadway is a five story limestone, brick, cast iron and terra cotta building located in the Madison Square North Historic District, designed in the beaux arts tradition by Clinton & Russel and built in 1901-1902 for Elias J. Herrick; and

WHEREAS, The description of the property is as follows: Broadway: 3 bays above the first story, 2 story banded limestone base featuring angled second story bay, cartouches, and denticulated crown with wave molding; non historic storefront, bulkhead, security gate, lighting and box awning: upper stories feature banded piers, fluted columns, and paneled spandrels: non historic sash: denticulated roof cornice; brick, curved roof parapet with festooned oculus, stone copings, pedestals and urns. West 28th St.: five bays; paired and grouped fenestration; historic entryway to upper floors featuring curved pediment with carved tympanum, flanking pilasters, and non historic door; non historic storefronts, bulkheads, security gates, lighting and box awnings; similar ornament as the Broadway façade; non historic metal sash; arcaded roof parapet, and

WHEREAS, The building was renovated in 2015 without any ramp; and

WHEREAS, The retail entrance is fronted by two small steps that render it non-compliant with ADA laws; and

WHEREAS, The applicant and the owner were the subject of a lawsuit (Case No.18CV 4965 SDNY) for failure to comply with ADA laws; and

WHEREAS, The lawsuit was settled out of court and part of the settlement agreement stipulates that the applicant and the owner must take all possible measures to provide compliance with ADA laws; and
WHEREAS, The Applicant proposes to construct a permanent sidewalk ramp leading to the retail space; and

WHEREAS, The proposed ramp would occupy 4.5 feet of the existing 12.9 foot sidewalk, leaving 8 feet between the ramp and the curb; and

WHEREAS, The applicant is currently using a removable ramp that renders the space accessible to wheelchair users and is deemed acceptable; therefore be it

RESOLVED, Community Board Five recommends denial of the application to construct a permanent ramp.

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