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Manhattan Community Board Five

May 2022

APRIL FULL BOARD MINUTES

 

Borough of Manhattan Mark Levine, Borough President

Manhattan Community Board Five

Vikki Barbero, Chair  

Marisa Maack, District Manager

Minutes of the regular Community Board Five meeting held on Thursday, April 14, 2022 via teleconferencing, at 6:00pm. Vikki Barbero, Chair, presided. 

  

Members Present

Zach Bahor

Vikki Barbero

Mary Brosnahan 

Fortunato Castro

Julie Chou

Aaron Ford

Joseph Frewer

Laura Garcia 

Nancy Goshow

Tristan Haas

John Harris Jr. 

Marc Hershberg

William Heyer

Robert Isaacs

Kathy Kahng

E.J. Kalafarski 

Renee Kinsella

Layla Law-Gisiko

Samir Lavingia

Megan Lione 

Maki Thomas Livesay

Kimberly McCall

Tod Shapiro

David Sigman

Craig Slutzkin

Clayton Smith

Jean Sonderand

Barbara Spandorf

Daniel Spence

Sarah BJ Sung

Pete Webb

Janice Yong

Present Part 

Sarah Dowson

Excused

Sam Johnson

Absent

David Achelis

Nicholas Athanail

James Beitchman

Michael Kaback

Sam Levy

Blaga Lucic

Joseph Maffia

Charles Miller

Noah Stern

July Yang

Public Members

Miriam Berman

Suzanne Johnson

Elected Official Reps.

Brian Lafferty

Borough President Levine

Eric Strazza

Manhattan DA

Matt Tighe 

Assembly Member Gottfried

Michael Jones

Councilmember Powers

Kate Friedman

Congresswoman Maloney

Brian Laferty

Manhattan BP

Caroline Wexlebum

Senator Hoylman

Alexis Richards

Councilmember Rivera

Staff

Marisa Maack

District Manager 

Public Attendees 

Meryl Brodsky

Daryl Cochrane

Ram Halder

Brenda Levin

Ralph Lewis

Jeff Meyer

Lisa Wager

 

At 6:00 p.m., the Manhattan Community Board Five April 14, 2022 Full Board meeting was called to order by Chair Barbero. She called on 1st Vice Chair Clayton Smith to conduct the public hearing of Community Board Five. 

The Public Hearing of Community Board Five was called to order by the 1st Vice Chair Clayton Smith. 

Jeff Meyer (Resident of 873 Broadway at 18th Street in the Ladies Mile Historic District). Stated that the building owner received a permit of no effect from Landmarks Preservation Commission for 16 cell antennas for the building in 2020. He stated that per the LPC staff application the proposed equipment would not be visible from any public thoroughfares, but these antennas are clearly visible from many thoroughfares including Union Square farmer's market, the park pavilion and even across the park at Union Square East between 15th and 16th Street. He stated that the size of the antennas are far beyond any acceptable LPC definition of being minimally visible and that this opens the gates for more obvious antennas in historic districts. He asks CB5 advocates that the conditional permit of no effect be revoked in its entirety. 

Rachel Hutt- introduced herself as Senior Volunteer Recruitment Manager at an education non-profit and youth mentoring program and stated that they work to empower first generation college students to graduate high school, succeed in college and achieve their ambitions through one-on-one mentorships. She explained the mentors are caring adults and they volunteer their time by writing their mentee once per week and meeting with their mentee in person one evening per month at their mentee’s school. She stated that there is also occasional college counseling and diversity equity and inclusion trainings. She stated that the mentors work at minimum with their mentee for two years during the junior and senior year of high school. She also announced that the program is looking to recruit up to 1,500 men and women to start a mentorship in the fall of 2022 to support a student one-on-one and to learn more you can go to imentor.org/volunteer. 

Ralph Lewis – introduced his site-specific performance company called Peculiar Works Project and stated that they are participating in this year’s Jane’s walk by the Municipal Art Society and stated that they have chosen the Penn Station area and some buildings that are scheduled to be demolished or are in jeopardy of being demolished. He stated that they will be giving different actors speeches written by Jane Jacobs over her life. He stated that they wanted to let people in the neighborhood know that they will be recreating Jane Jacobs’ marches to save the original Penn Station. 

 

Mr. Clayton Smith then closed the Public Hearing Session.

The Full Board General Monthly Meeting of Community Board Five was then called to order by the Chair Vikki Barbero.

REPORTS OF ELECTED OFFICIALS

Eric Strazza, Manhattan District Attorney’s Office: introduced himself as the new Community Engagement Coordinator at the Manhattan District Attorney's office. He announced the new Manhattan Small Business Alliance that was created to curb and address shoplifting and small business theft. He announced a new Pathways to Public Safety Division to address early mental health and drug addiction through the use of specialized courts such as the mental health court or social services. He explained shifting and building of new divisions within the District Attorney’s office. He also announced two events: the New York Crime Victims candlelight vigil that will be held on Sunday, April 24th from 2 to 4 pm at the West End Collegiate Church and a gun violence prevention fellowship with an application deadline on April 22nd at 5 pm. 

Justin Flagg, Senator Liz Kruger’s Office - gave anupdate on the State budget which passed last week. Highlights include: 

  1. The Senate fought to strengthen the Governor's proposal to ensure that health insurance covers reproductive health services in the state including abortion. 
  2. There is an increase in home care worker wages of $3 per hour phased in over two years which represents approximately a 20% raise, a $25 billion five-year housing capital plan to create and preserve a 100,000 affordable homes, and to electrify an additional 50,000 homes
  3. $800 million to replenish the emergency rental assistance program and $125 million for the landlord rental assistance program
  4. A $4.2 billion environmental bond act that includes $500 million for electric school buses, which will be on the ballot in November. 
  5. $2.2 billion in tax rebates for homeowners
  6. A small business tax cut of $100 million per year
  7. An acceleration of previously enacted middle class tax cuts. 

He also stated that there were some proposals that were not in the budget such as the 12 FAR cap on residential development and changes to short-term rental laws. He stated that they also fought to get changes in casino licensing policy and the most important being the establishment of local community advisory boards to approve casinos. 

Matt Tighe, Assembly Member Gottfried’s Office: Gave a highlight on the State budget that was approved, such as unprecedented new investments particularly in the areas of expanding child care and pre-k education, as well as proposed environmental bond act of $4 billion that will be put before voters this November on the ballot. He stated that there are also other key areas like financial and tax relief for New Yorkers as well as protecting underpaid and vulnerable New Yorkers which includes the elderly, people with disabilities, pregnant and postpartum women, children, undocumented immigrants. He stated that one of the Assembly Member’s top priorities was providing a meaningful wage increase for home care workers as Chair of the Health Committee. He announced that Assembly Member Gottfried was pleased that this was the first budget in many years as Chair that resulted in expanding coverage to thousands of New Yorkers and making real investment in the healthcare workforce without having to defend against massive cuts proposed by the executive branch, which historically has been the case. He also announced the budget expanded Medicaid eligibility and increased reimbursement rates, funds over $1 billion to distressed hospitals and dedicates funds to providers for people with disabilities and those struggling with mental and behavioral health issues. 

Brian Lafferty, Borough President Levine’s Office -  Gave a brief report on Borough President Levine's first 100 days in office. He stated that this Sunday, the Borough President took a moment to reflect on some of his achievements during his first hundred days with a short video which was released on Wednesday, March 16th. This includes his “Stay Healthy to Stay Open” plan, calling for a major push to catch New York City up on boosters. In addition, the Borough President’s office has distributed thousands of COVID test kits to underserved neighborhoods and proudly join his four fellow Borough Presidents on Monday, February 14th to call on New York City to plant a million more trees to help reduce carbon footprint to prevent flooding and clean our air. He stated that Borough President Levine has also worked to assist small businesses. He announced that he was pleased to announce a partnership with the Hebrew Free Loan Society to create a $2 million zero interest loan fund for Manhattan Small Businesses. He reported that in January following the tragic murder of Michelle Go, Borough President Levine called on the MTA to begin installing platform screen doors to protect against pushes and falls and stated that installation of these barriers will begin soon in three stations. He also stated that the Borough President stood in solidarity with Manhattan's Ukrainian community during the horrific war and he has demanded that Putin-connected oligarchs no longer be able to use luxury real estate here to launder their ill-gotten assets. He stated that there's still much more work to be done to bring Manhattan back and make it a stronger, safer, healthier and more equitable place than it was before the pandemic. 

Kate Friedman, Congresswoman Maloney’s Office -  stated that it has been a busy few weeks in Washington. She announced that on April 6th, President Biden signed the Congresswoman's Postal Service Reform Act into law and stated that the Congresswoman is proud to have negotiated this bill across party lines and that this momentous achievement will deliver meaningful results for the American people. She stated that earlier this week Congresswoman Maloney led a bicameral, bipartisan group of colleagues in writing to seven major manufacturers of naloxone, the opioid overdose reversal medication, urging them to apply for over-the-counter status for their products to increase access to lower prices and save lives. She stated that at the end of last month Congresswoman Maloney helped lead a hearing examining the movement to eliminate overdraft fees. She stated that during the hearing they discussed a report that came out from the Consumer Financial Protection Bureau that showed that in 2019 consumers paid over 15 billion dollars in overdraft fees. She announced that HR 4277, which Congresswoman Maloney introduced last June, tries to cut down on these unfair and deceptive practices. She announced that at the end of last month, Congresswoman Maloney was thrilled to tour potential sites of the upcoming Smithsonian American Women's History Museum and stated that after two decades of working to create a museum to recognize the contributions of women throughout the nation's history, the Congresswoman is excited that we are so close to making this dream a reality. Lastly, she stated that the Congresswoman is thrilled to take part in the congressional art competition this year, which gives high school artists the chance to have their art hang in the capitol building, and the deadline to submit the online application is May 5th. Students must either live or go to school in New York 12th Congressional District. 

Caroline Wexlebum, Senator Brad Hoylman’s Office -  stated that since there were a lot of people talking about the State budget she will drop his report in the chat but wanted to highlight a few things in the budget such as additional funds now available for traveling musicians who are unable to get reimbursed for COVID related expenses when their performances were cancelled and also new funds for transgender New Yorkers for trans and gender non-binary issues. She spoke about the open meetings law and stated that in about 60 days Community Boards will have the option to hold hybrid meetings.

Alexis Richards, Councilmember Rivera’s Office – announced that in the past month the Councilwoman and team hosted a Stop Asian Hate Day of Visibility with the New York City Commission on Human Rights in Madison Square Park. She stated that they handed out resources, services and fact sheets on tools to stop Asian hate. She announced that the Councilmember was at a Bystander Intervention training for confronting hate in our communities and stated that the Councilmember also led a walk-through of the conditions on 14th Street along with the Mayor’s office to look at conditions there and get some intra-agency multi-agency solutions running. The Councilmember also hosted virtual roundtable discussions with local faith leaders as well as local community based organizations serving Asian New Yorkers, to discuss the issues that their members and congregations are facing and how the city can best be their partner. She announced that today in City Council, the Councilwoman introduced a legacy business registry and preservation fund, which would allow us to continue to bolster and support legacy businesses that have been open for 20 years or more that have contributed so much to their communities and neighborhoods. She also introduced a package of housing legislation that addresses the housing crisis facing New York City as a matter of public health and safety that includes COPPA, the Community Opportunity to Purchase Act, which will foster and encourage community-led development in the city. 

Michael Jones, Councilmember Powers Office – gave a few updates in response to the devastating fire in the Bronx earlier this year and stated that Councilmember Powers is co-sponsoring Intro 106 and 115, legislation that will help protect New Yorkers from future tragedies. He stated that Intro 106 prohibits the sale of electric space heaters without automatic shutoff and thermostat functionality that have not been certified by a testing and certification body approved and recognized by the United States Consumer Product Safety Commission. He stated that Intro 115 states that during the colder months between October 1st and May 31st, owners of residential buildings must provide heat for their tenants and maintain certain minimum temperatures in areas of dwelling units used or occupied for living purposes.  He stated that this would increase the minimum daytime temperature mandate from 68 degrees to 70 degrees and the nighttime temperature mandate from 62 to 66 degrees, daytime being the hours of 6 am to 10 pm and night-time being the hours of 10 pm to 6 am.  He stated that along with these bills, Councilmember Powers introduced Intro 83, which prohibits businesses in New York City from setting a minimum purchase requirement greater than 10 dollars for credit card transactions. He stated that recently Councilmember Botcher and Majority Leader Powers also did a walk-through of the midtown area with members of the BIDs and the District Attorney's office to talk about ways to boost economic recovery, drive tourism, increase public safety and support struggling small businesses. He stated that over the next few weeks the Councilmember offices will work collaboratively to develop plans and procedures to address the quality-of-life issues highlighted in the walk-through. 

The March 2022 minutes passed with a vote of 32 in favor, 0 opposed, 1 abstaining, as follows: IN FAVOR: Bahor, Brosnahan, Castro, chou, Dowson, Ford, Frewer, Garcia, Goshow, Haas, Harris Jr., Hershberg, Heyer, Isaacs, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Lione, Livesay, McCall, Shapiro, Sigman, Slutzkin, Smith, Sonderand, Spandorf, Spence, Sung, Webb, Yong. ABSTAIN: Barbero.

Chair Barbero reported that it was time to prepare for the annual election of officers in June and, in accordance with the Bylaws, announced that Renee Kinsella, David Achelis, Mary Brosnahan, William Heyer and Kathy Khang will we selected by the Executive Committee to comprise the Nominating Committee. She further explained the procedure for anyone wanting to run for office. She stated that during the May Full Board meeting, the Nominating Committee will present candidates to the Board, and nominations will be taken from the floor at that time. The elections of officers will take place at the June Board meeting. She then informed all Board Members interested in running for an officer position should contact a member of the Nominating Committee within two weeks.

 

Chair Barbero reported on the latest developments regarding the Open Meetings Law and stated that CB5 has been hoping for the creation of a permanent ability for the boards to utilize remote options for meetings. She announced that CB5 had received the changes in the Open Meetings Law passed by the state legislature which stated that the fully remote meetings will be prohibited and will only be allowed when a state or local emergency order is in place. She noted that the addition of allowing a local emergency order by the Mayor is really good news because it means that Community Boardswill not need to depend on state emergency orders by the Governor as was done in the past. She stated that the current agreement includes creating an option for hybrid meetings for two years, but there are some caveats. Most importantly, Community Boards must reach a quorum in person, regardless of how many members attend a meeting in person. She announced that the start date for the hybrid option will be June 8th but that the boards are allowed to be virtual if they choose to do so until that date, so this means that our next full board meeting in May will most likely still be virtual. Given that the following CB5 full board meeting is scheduled for June 9th and the end of this is June 8th, the full board meeting will be need to be hybrid. She stated that the details as to how meetings are going to be conducted following the law what constitutes absence, how determination will be made regarding members joining virtually versus in person and many other questions and details that need to be addressed are all up to each individual board. She stated that CB5 may be required to submit a resolution during the May cycle or prior to June 8th, on what the terms and procedures will be for the meetings going forward. The Open Meeting Task Force was already in place and they have received the task force's preliminary report and findings in February, which led to the board’s resolution supporting amending the law to allow the ability to hold virtual and or hybrid meetings. She stated that this month with some new members added, the task force will be busy at work putting together and recommending to the board CB5's terms and procedures for our future meetings. She stated that since notice has been short, an email will be sent to the task force members with a copy of the law as well as any new information that might be received in the next few days. She thanked all those who are presently on the task force and those who will be participating in this complicated endeavor and to please feel free to reach out to her or Marisa with questions and or comments. 

Chair Barbero then reported on the day to day responsibilities of the Board office personnel, including constituent complaints. She went through these responsibilities and noted that the charter mandates that each community board should appoint a District Manager primarily for staff support and technical assistance, and it lists responsibilities and examples; however, there is so much more that is handled during the week and sometimes beyond. She noted that it is important for the District Manager to report to the full board issues encountered during a given month by the Board office.

District Manager Maack stated that the office often receives emails from board members wondering if we are aware of certain meetings or goings on in the district. She discussed the work of the district office. She stated that while board committees are often dealing with larger policy related issues or charter mandated application reviews, the district office is working with the city and its agencies on the issues and services that make up our daily lives within CB5. 

Among the responsibilities include holding the monthly District Service Cabinet meeting. She stated that these are not public meetings but rather is a working group of colleagues across most major city agencies addressing local issues. At this meeting, the office receives monthly reports from all the police precincts on crime stats and activity in the CB5 district and discusses specific areas of concern that we hear about from constituents, whether they be businesses or residents. She reported on the March District Service Cabinet meeting:

She stated that one of the many benefits of the meeting is that the agencies are there together and there is an opportunity for better coordination and collaboration. She encouraged board members to contact any member of the Board office about any ongoing issues or concerns within CB5 neighborhood. 

BUDGET, EDUCATION AND CITY SERVICES – renee kinsella 

Renee Kinsella gave a presentation on Midtown Community Court and its many programs. 

She also gave a report including a presentation by CB5 Planning Fellow Robert Seebeck on district mapping project.

 

LANDMARKS – layla law-gisiko

Layla Law Gisiko gave brief presentations on the following two bundled resolutions:

 

21 & 23 West 26th Street, application for awning restoration, replacement in kind of signage and brick restoration at No. 21; replacement of two (2) transom windows and addition of a rooftop extension partially visible from 25th street at No. 23.

WHEREAS, 21 & 23 West 26th Street were constructed in 1880-80 and 1922, respectively, as offices for members of the Astor family; and

WHEREAS, No. 21 is a two-story Queen Anne style building made of brick, granite and terracotta, to which a third story was added in 1991 consisting of metal and glass; and No. 23, is a three-story Colonial revival style building made of brick and cast stone; and

WHEREAS, The buildings are in the Madison Square North Historic District designated on June 26, 2001; and

WHEREAS, In connection with a proposed combination of the buildings and renovation of the interiors, at No. 21 the applicant proposes to replace the existing sign in kind, replace the awning fabric to match the historic awning in color and pattern, and repair the historic awning mechanism to be operable, if possible; and

WHEREAS, At No. 23, the applicant proposes to replace two (2) transom windows and a shutter to match the profiles of the existing windows and shutters and install a 4th floor rooftop addition which would be similar in appearance to the adjacent 1991 3rd story addition at No. 21, taking color and material clues from the green standing seam roof and red aluminum framed windows at No. 21; and

WHEREAS, The proposed 4th floor rooftop addition at No. 23 would be visible only from specific points on 25th street but would not be visible at all from 26th street; and

WHEREAS, None of the work proposed for either building would detract in any way from the character of the neighborhood while the proposed changes to the building facades are positive; therefore, be it

RESOLVED, Community Board Five recommends approval of the application for a Certificate of Appropriateness for proposed alterations at 21 and 23 West 26th Street.

245 West 52nd Street, August Wilson Theater, application for a proposed new exterior sign.

WHEREAS, The August Wilson Theatre (f/k/a the Guild Theatre, the ANTA Theatre and the Virginia Theatre) is a Broadway theater owned and operated by Jujamcyn Theaters LLC (the “Applicant”) and located within the Theatre Subdistrict at 245 West 52nd Street; and

WHEREAS, The theater was designed by C. Howard Crane and Kenneth Franzheim in the style of a 15th Century Tuscan villa, and built as a subscription playhouse for the Theater Guild in 1925; and

WHEREAS, The theater “survives today as one of the historic theaters that symbolize American theater for both New York and the nation,” and was designated one of the first Broadway theaters designated as a New York City Landmark on August 6, 1985; and

WHEREAS, The Applicant proposes the installation of a non-illuminated, frameless and rectangular exterior sign, measuring approximately 16’6” long, 7’6” wide and 2” deep, composed of graphic film applied directly to the Western wall of the theater (the “Sign”); and

WHEREAS, Signs similar in nature to such Sign presently exist or have existed on other buildings in the District located at 249 W 45th Street, 227 West 46th Street and 461 Park Ave South; and

WHEREAS, The Applicant proposes to use such Sign to advertise: 

(a) Broadway shows and other live attractions/events; 

(b) companies providing products or services related to Broadway, live attractions/events, filmed version of live attractions/events or event ticketing; 

(c) companies providing products or services to the Applicant or another theater owned and/or operated by the Applicant; and/or 

(d) companies with sponsorships arrangements with the Applicants or an attraction or event in a theater owned and/or operated by the Applicant; and

WHEREAS, The Applicant proposes to change the advertisements which shall appear on such Sign no more than approximately one (1) time each year; and

WHEREAS, Community Board Five has concerns about the Applicant using such Sign to advertise products or services unrelated to the Broadway theater industry; therefore, be it

RESOLVED, Community Board Five recommends denial of the application by the Applicant to install the Sign, unless the Applicant restricts the advertisements which appear on such Sign to legitimate theatrical productions produced by the Applicant and/or its affiliates in Broadway theater(s) and/or presented in Broadway theater(s) owned and/or operated by the Applicant (collectively, “Theatrical Productions”) and/or its affiliates and/or the exploitation of any allied, ancillary or subsidiary rights with respect thereto; and for the avoidance of doubt, the Applicant shall be permitted to include ancillary references to any sponsors of such Theatrical Productions, provided that such references are in the form of a logo rather than a product, and do not appear in the aggregate on more than one-fifth (1/5) of such Sign.

After some discussions, the above two bundled resolutions passed with a vote as follows: 32 in favor, 0 opposed, 1 abstaining, 1 present not entitled to vote: IN FAVOR: Bahor, Brosnahan, Castro, chou, Dowson, Ford, Frewer, Garcia, Goshow, Haas, Harris Jr., Hershberg, Heyer, Isaacs, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Lione, Livesay, McCall, Shapiro, Sigman, Slutzkin, Smith, Sonderand, Spandorf, Spence, Sung, Webb, Yong. ABSTAIN: Barbero.

JOINT PARKS AND PUBLIC SPACES AND TRANSPORTATION – clayton smith and ej kalafarski

Clayton Smith presented the following resolution on behalf of the joint committee:

 

Applications for annual Post-Parade Events in and around Madison Square Park from Sikh Cultural Society; Persian Parade Foundation; Philippine Independence Day Council, Inc.; Federation of Indian Association; Pakistan Day Festival; and Muslim Foundation of America, Inc. for dates throughout 2022: 

WHEREAS, The entities listed above ("Applicants") have submitted permit applications to the Parks Department and the Street Activity Permit Office (SAPO) to hold post-parade events in Madison Square Park and on certain adjacent streets as noted above, causing those streets' full or partial closures; and

WHEREAS, Over the course of several years, Applicants have worked with Community Board Five, in coordination with SAPO and the Madison Square Park Conservancy (MSPC), to improve their events operationally and alleviate any issues from prior years’ events; and

WHEREAS, Each Applicant has signed a Statement of Compliance acknowledging their understanding and acceptance of Community Board Five’s Policy on Madison Square Park Large Events and each of its required operational commitments and restrictions; and

WHEREAS, Each Applicant has provided a site map of their event, including emergency lane clearance requirements, as well as plans for sanitation, security, amplified sound, and cell phone contact information for day-of point persons to respond to any immediate concerns, all of which have been shared with SAPO; and

WHEREAS, Each Applicant has agreed to set the volume level of their amplified sound system by 2:00 p.m. on the day of their event, in coordination with SAPO and MSPC, and commits to no further increase of volume levels past that time; and

WHEREAS, Each Applicant has agreed to notify the residential buildings surrounding the park at a minimum of one week prior to their event, and to conduct on-site meetings with MSPC two weeks prior to their event to work out operational details and anticipate any concerns; and

WHEREAS, As the Sikh Cultural Society and Persian Parade Foundation events are taking place on consecutive days in 2022 due to complicated scheduling circumstances that are no fault of the Applicants, Community Board Five will remain in communication with NYPD regarding next year’s events to ensure that this does not happen in future years; and

WHEREAS, Community Board Five continues to question the appropriateness of these large events and their detrimental impact on the Flatiron neighborhood, including the considerable impact on Madison Square Park in seasonal months of park usage; and we implore NYPD and SAPO to proactively consider alternative locations for these events in 2023; and

WHEREAS, Despite Community Board Five’s longstanding concerns about the impact of these large events on Madison Square Park and the area around it, Applicants are in full compliance with Community Board Five’s Policy on Large Events in Madison Square Park, have exhibited good faith efforts in continuing to improve the execution of their events, including multiple meetings and correspondence with Community Board Five for planning purposes, there is long-standing precedent for them, some of which have been held for decades; and 

WHEREAS, Community Board Five understands that there may continue to be guidance from public health authorities and New York State regarding regulations that might influence or determine the ultimate size and other operational details of these events for reasons of public health, and reserves the right to issue further comment accordingly; therefore, be it

RESOLVED, Community Board Five recommends approval of the applications for annual Post-Parade Events in and around Madison Square Park from Sikh Cultural Society; Persian Parade Foundation; Philippine Independence Day Council, Inc.; Federation of Indian Association; Pakistan Day Festival; and Muslim Foundation of America, Inc. for dates throughout 2022.

 

After some discussions, the above two bundled resolutions passed with a vote as follows: 32 in favor, 0 opposed, 1 abstaining, 1 present not entitled to vote: IN FAVOR: Bahor, Brosnahan, Castro, chou, Dowson, Ford, Frewer, Garcia, Goshow, Haas, Harris Jr., Hershberg, Heyer, Isaacs, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Lione, Livesay, McCall, Shapiro, Sigman, Slutzkin, Smith, Sonderand, Spandorf, Spence, Sung, Webb, Yong. ABSTAIN: Barbero.

 

 

E.J. Kalafarski gave a presentation on a conceptual presentation from the union square partnership on materials and concepts comprising a toolkit as one of their steps towards their larger vision plan for both the parks and streets surrounding Union Square.

 

 

PUBLIC SAFETY AND QUALITY OF LIFE – nicholas athanail

Craig Slutzkin gave a brief presentation on the following resolution:

 

11 West 17th St., New York, New York, Bar 17 Inc. APPLICATION FOR A NEW ON-PREMISES LIQUOR LICENSE.

Dear Deputy Commissioner Roberts:

At the regularly scheduled monthly Community Board Five meeting on Thursday, April 14, 2022, the following resolution passed with a vote of 30 in favor; 0 opposed; 1 abstaining:

WHEREAS, BAR 17 INC. (the “Applicant”), has notified Community Board Five of its intention to file an application for a new on-premises liquor license for the restaurant located at 11 West 17th Street (between Fifth and Sixth Avenues), New York, New York 10011 (the “Premises”); and

WHEREAS, The Premises consists of approximately 2,000 square feet of indoor finished space on the ground floor and basement levels, and with capacity of up to 97 persons; and

WHEREAS, The Premises will be operated exclusively as an eating and drinking establishment, with a kitchen offering food service prepared on Premises; and

WHEREAS, The Premises will include one (1) patron bar and zero (0) service bars; and

WHEREAS, Applicant has agreed that Applicant shall:

  1. have indoor background music only, and in no event shall music at entertainment levels, amplified live music, or DJs be permitted; and
  2. not allow private parties or promotional events, other than occasional private parties for special events (e.g., private corporate holiday party events); and 
  3. restrict the hours of operation to no later than 1:00 am Sunday through Wednesday, and 2:00 am Thursday through Saturday (“Closing Hours”); and
  4. ensure all patrons vacate the premises by the Closing Hours above; and
  5. not use outside promoters at any time; and 
  6. not utilize an exterior "velvet rope" door policy, nor utilize the sidewalk outside the Premises for any purpose, such as queuing. at any time, or any other use not explicitly authorized; and 
  7. ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians; and 
  8. strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and 
  9. not operate the Premises as a nightclub; and 
  10. not permit bottomless brunch service; and 
  11. ensure that patrons enter and leave the Premises in a peaceful, quiet, and respectful manner, discourage patrons from loitering outside the Premises, and use reasonable best efforts to keep the area outside the Premises clear at all times; and 
  12. use commercially reasonable best efforts to discourage the parking of idling cabs, limousines, and other vehicles on the street in front of the street entrance of the Premises; and 
  13. use commercially reasonable best efforts to maintain cleanliness of sidewalk in front of Premises; and 
  14. not permit smoking by anyone at any time; and 
  15. not permit strobe or bright lights to be visible from outside the Premises; and 
  16. close any French doors or other operable doors/windows before 10am and after 10pm every day of the week; and
  17. meet with neighbors and CB5 on a regular basis if requested and provide a 24-hour hotline to Tamer Mahmoud at 347-262-3033 to immediately address any complaints from the community; and

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises (“transfer” being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Tamer Mahmoud ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Applicant (“transfer” being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, Members of the public appeared and commented regarding this application and the comments and concerns of the community were taken into consideration in negotiating these conditions and stipulations; and

WHEREAS, these agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license alteration application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5, therefore be it

RESOLVED, That Community Board Five recommends denial of the application by BAR 17 INC. for a new on-premises liquor license for the restaurant located at 11 West 17th Street (between Fifth and Sixth Avenues), New York, New York 10011, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

 

 

After much discussion, the above resolution passed with a vote of 30 in favor, 0 opposed, 1 abstaining: IN FAVOR: Bahor, Brosnahan, Castro, Chou, Ford, Frewer, Garcia, Goshow, Haas, Harris Jr., Hershberg, Heyer, Isaacs, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Lione, Livesay, McCall, Shapiro, Sigman, Slutzkin, Smith, Spandorf, Spence, Sung, Webb, Yong. ABSTAIN: Barbero. 

 

 

Mr. Slutzkin presented the following letter for ratification. He started the presentation by explaining the reasoning why the letter was sent prior to this Full Board meeting and the need for ratification:

200 Enterprises, Inc., located at 200 W 54th street, Ratification of letter from PSQL to SLA in response to comment deadline for the 500’ hearing for a new, on-premises liquor license for a 24-hour ground floor restaurant.

 

Community Board Five received notice from 200 Enterprises, Inc. (“Applicant”) regarding a new on-premises liquor license for the ground floor restaurant to be located at 200 W 54th St., New York, New York, 10019 (the "Premises").

The Premises contains a total front of house floor area of approximately 2,000 square feet of interior space contained on two floors at the premises (ground floor and basement) and includes 1 entrance and 2 exits.  The estimated total capacity of the Premises is 150.

During the months of February and March of 2022, members of CB5’s Committee on Public Safety and Quality of Life (“PSQL”) met with the Applicant to discuss the proposed hours and method of operation.  What was initially a proposal that was inappropriate for the location was collegially negotiated and we arrived at a mutual agreement regarding hours and method of operation of the Premises, to wit:

We found these hours and method of operation appropriate for the location and consistent with other similar operations in the area, which were supported by CB5.  We had no problem with these terms.

On March 9, 2022, we received correspondence from Applicant’s attorney, essentially reneging on the mutually agreed hours and method of operation.  Their new proposal was for a 24-hour operation, seven days a week, serving alcohol until 4AM every day.  They also added a live DJ, juke box, and karaoke to their entertainment lineup. It’s important to note that the Applicant’s position is not just that they are unwilling to compromise on hours. The Applicant's council explicitly said that they would not sign anything with any restrictions, including even the most basic and customary protections regarding things like promoted events, live entertainment music, and any of the other standard stipulations typically agreed to by applicants with operations in such close proximity to residences.

The Premises is located in a residential building itself and there are additional residential buildings across 54th Street.  The newly proposed hours and method of operation would not be appropriate for such a location and would be inconsistent with other operations CB5 has supported over the years.  We also received an outpouring of concern from residents in the buildings above and across the street, as well as from the West 50s Neighborhood Association.

We tried unsuccessfully to reason with the Applicant to find a compromise to make the hours and method of operation appropriate, given the residential nature of this location.

Community Board Five would never support an operation with hours and method of operation so inappropriate for its location.

We respectfully request that the State Liquor Authority deny this application.

Thank you for giving us this opportunity to comment.

 

 

 

After much discussion, the above letter for ratification passed with a vote of 31 in favor, 0 opposed, 1 abstaining: IN FAVOR: Bahor, Brosnahan, Castro, Chou, Dowson, Ford, Frewer, Garcia, Goshow, Haas, Harris Jr., Hershberg, Heyer, Isaacs, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Lione, Livesay, McCall, Shapiro, Sigman, Slutzkin, Smith, Spandorf, Spence, Sung, Webb, Yong. ABSTAIN: Barbero.

 

PUBLIC SESSION

The public was invited to comment on topics of their interest.

Daryl Cochrane – New York City Commission on Human Rights – introduced himself as the Director of the Manhattan Community Service Center as well as the agency's lead advisor to LGBTQ communities. He informed the Board that the City Commission on Human Rights is the city agency tasked with enforcing the non-discrimination laws throughout the five boroughs and often works with community boards as well as elected officials. He stated that recently the Commission worked with Councilmember Carlina Rivera's office around anti-Asian hate campaigns. He announced they are over two dozen protected classes and a new workshop on understanding Jewish communities and combating antisemitism. He also announced a variety of other workshops that they are happy to provide to the full board and will work closely with the Borough President's office to get those workshops out to board members. 

Lisa Wager – Director of Government Community Relations at the Fashion Institute of Technology. Gave a report on FIT’s 16th annual Sustainable Business and Design Ccnference. She discussed textile design and five innovations that was recognized and awarded a share of approximately $500k as part of Conservation X Labs Microfiber Innovation Challenge.

There being no further business, the regularly scheduled meeting of Community Board Five adjourned at 7:58 p.m.

Respectfully submitted by, 

Craig Slutzkin

Secretary

Julie Chou

Assistant Secretary

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