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Transportation & Environment

Application by the Moxy Hotel (the “Applicant”) for revocable consent from DOT to construct and maintain four planters on the 36th Street sidewalk at the northeast corner of 7th Avenue.

At the regularly scheduled monthly Community Board Five meeting on Thursday, October 10, 2019, the following resolution passed with a vote of 30 in favor; 3 opposed; 1 abstaining:

WHEREAS, The Applicant is a commercial hotel building located at 485 7th Avenue, at the northeast corner of the intersection of 7th Avenue and 36th Street; and

WHEREAS, The Applicant has recently renovated the hotel building, which has been designated as a landmarked building based on the request by the Applicant; and

WHEREAS, The Applicant seeks to install four (4) Department of Transportation (DOT) approved fiberglass planters, with low greenery, to be positioned not at the building perimeter, but along the curb on the northeast side of Seventh Avenue; and

WHERAS, Currently, several food cart vendors position themselves in this area and will be replaced by these proposed planters; and

WHERAS, The proposed planters will be 8’ long x 2’ wide; and

WHEREAS, The proposed planters meet all of DOT’s physical and horticultural requirements; and

WHEREAS, Despite the foot cart vendors being displaced by the planters, it is likely they will only move further down or across the street; and

WHEREAS, Despite the Applicant’s contention that the planters will enhance pedestrian flow due to the elimination of patrons of the food carts standing on line mid-sidewalk, the proposed planters will nonetheless be permanent fixtures on the sidewalk which will also impede proper flow; and

WHEREAS, The proposed planters will be a permanent fixture obstructing views onto the primary facade of a landmarked building; and

WHEREAS, The Applicant first engaged CB5 in September 2019 to discuss this proposal and, in response to concerns, revised its original plan to attempt to accommodate some of these concerns, including lowering the height planters from 4’ tall to 3’ tall, and matching the color of the planters to the color of the front of the Moxy Hotel; and

WHEREAS, While Community Board Five appreciates the efforts made by the Applicant to address its
concerns, the appearance of the proposed planters poses serious concerns including overall pedestrian
flow and appropriateness of permanent structures in front of a landmarked building; therefore, be it

RESOLVED, Community Board Five recommends denial of the application by the Moxy Hotel for
revocable consent from DOT to construct and maintain four planters on the 36th Street sidewalk at the
northeast corner of 7th Avenue; and be it further

RESOLVED, Community Board Five strongly urges applicable New York City agencies (including but
not limited to the New York City Police Department and Department of Transportation) to enforce rules
and regulations concerning placement of street food vendors, and to assist the Applicant with its concerns
regarding street food vendors around the perimeter of the hotel.

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