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Manhattan Community Board Five

October 2022

Board Minutes

Minutes of the regular Community Board Five meeting held on Thursday, October 13, 2022 via teleconferencing, at 6:00pm. Vikki Barbero, Chair, presided. 

 

Members Present

David Achelis

Vikki Barbero

Mary Brosnahan

Johnathan Cedillo

Sarah Dowson

Katherine Ellington

Joseph Frewer

Laura Garcia

John Harris Jr.

Marc Hershberg

Robert Isaacs

Michael Kaback

Kathy Kahng

E.J. Kalafarski

Renee Kinsella

Samir Lavingia

Layla Law-Gisiko

Maki Thomas Livesay

Kimberly McCall

Charles Miller

Tod Shapiro

Bradley Sherburne

David Sigman

Craig Slutzkin

Jean Sonderand

Barbara Spandorf

Sarah BJ Sung

Zona Xu

Pete Webb

Janice Yong

Present Part 

Aiden Blake

Aaron Ford

Nancy Goshow

Joseph Maffia

Excused

Sam Johnson

Absent

Nicholas Athanail

James Beitchman

Seth Borden

Julie Chou

Tristan Haas

William Heyer

Bridget Killian

Sam Levy

Cataline Muneton

Daniel Spence

Public Members

Miriam Berman

Elected Official 

Keith Powers 

Councilmember

Elected Official Reps.

Justin Flagg 

Senator Krueger

Ben Lowenstein

Assembly Member Gottfried

Betsy Schmidt

Congresswoman Maloney

Caroline Wexelbaum

Senator Hoylman

Laurie Harjowaroga 

Councilmember Bottcher

Katie Scherer

Councilmember Rivera

Ling Jun Chen

Manhattan DA Bragg

Evelyn Coyell

Comptroller Lander

Staff

Marisa Maack

District Manager 

Mike Fissinger 

Community Associate

Public Attendees 

Jossie Capon

Dan Egers

Diana Gonzalez

Cady Landa

Brenda Levin

Lili Lopez

Jessica Mates

Samual Turvey

Taylor Pullinger

Eugene Sinigalliano

Clayton Smith

Sasha Thomas

Lisa Wager

 

At 6:00 p.m., Chair Barbero called the Manhattan Community Board Five October 13, 2022 Full Board meeting to order and called on Board Secretary Craig Slutzkin to conduct the public hearing portion of Community Board Five. 

The Public Hearing of Community Board Five was called to order by Craig Slutzkin.

Lisa Wager – Fashion Institute of Technology – discussed a new show “Resurgence”, in the Art and Design Gallery. She reported that FIT faculty and student research activity has never been more robust and noted that the National Science Foundation has approved four active grants for FIT faculty. 

Eugene Sinigaliano – stated that he was an at-risk resident in the Penn Station area and wanted to speak about the community-led Penn Station area and urge Community Board Five to move forward with this project. He commented on Community Board Five’s resolutions against the Empire Station General Project plan and Community Board Four letters opposing the plan. He expressed concern over the lack of protection for existing businesses and residents. 

Sam Turvey - spoke in favor of CB5’s attempt to review the zoning in the Penn Station area and related issues. He spoke of the project sidestepping local review and came forward with a terrible urban renewal style. He noted that this is a great opportunity to have a transit first program. 

Deirdre Carson from Greenberg Traurig - spoke on behalf of their client’s application for special permits to increase the permitted size of two new parking garages at 215 and 225 West 28th Street.  She stated that the committee's recommendation is premised on two contentions: (1)the number of residents in the building who will wish to have cars is too low to warrant the increase in parking spaces and (2) parking spaces aren't needed in the neighborhood because of  good access to public transportation. She also stated that NYC Department of City Planning's 2011 Manhattan Core Public Parking Study concluded that parking garages within the Manhattan core are used not only by the residents of the building containing the garage but in very significant numbers as much as 60 percent by residential monthly parkers from the surrounding neighborhood. 

Dan Eggers - introduced himself as the Land Use Attorney for the applicant at 215 and 225 West 28th Street and stated that this special permit would allow 41 spaces in 215 West 28th Street of which 20 are permitted as-of-right, and would allow 36 spaces in 225 West 28th Street of which 24 are permitted as-of-right for a total of 77 spaces, which is an increase of 33 spaces over the as-of-right. He spoke of the standards established by the City Planning guidelines that the ratio of change in residential parking spaces to change in residential units does not exceed 20 percent. He stated that there has been far less parking created over the last 10 years in this area and stated that their study found that 1,683 housing units have been created, 299 residential parking spaces were eliminated and 173 were created for a net loss of 126 residential parking spaces. This is a ratio of negative 7.5 percent. He stated that since all the required findings were met, he urged the board to recommend approval of the application. 

Seeing no other speakers from the public, the Public Hearing was closed. 

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

REPORTS OF ELECTED OFFICIALS

Councilmember Keith Powers, thanked CB5 for its work on behalf of the district. He discussed a new package of legislation that he introduced about noise, such as a noise camera program to detect motor vehicles exceeding the noise limits under city law.  He also has another bill about helicopter noise. He stated that the legislation mandates that over the next two years that anything taking off or landing in the city has to transition over to stage three, which is a lot quieter and it will result in reduced noise from helicopters. He announced that the other legislation was about after hour variance for construction adding in a requirement of what would require after hour variances and how to improve transparency of inspections. He then discussed the redistricting process and the redrawing of the map for the City Council. He informed that his district stays mostly intact and he will lose a little piece of CB5 under the proposed lines around Central Park and Carnegie Hall. He reported on a bill that officially designates Times Square as a gun-free zone for concealed guns in response to the Supreme Court case and then discussed the humanitarian crisis when it comes to the Asylum Seekers. 

Ben Lowenstein – Assembly Member Gottfried’s Office – gave an update to the Board on the upcoming process regarding the approval and sighting of new casino licenses under State legislation passed this Spring. He spoke of three additional casino sites potentially to be licensed downstate. He noted at least two possible sites in Manhattan where applicants will submit proposals, one in Times Square and also in Hudson Yards. He stated that any site must comply with local zoning and ULURP and must first be approved by a two-thirds vote of a six-member community advisory committee convened for each site. The committee will consist of one member appointed by the governor, the mayor and the Borough President and the State Senator, Assembly Member and Councilmember for the district. The state commission will designate and pay for a community consultant that will work with the local committees and the local committee proceedings will be subject to the state open meetings law. Following any approval, he stated that a proposal would then go to the State Gaming Facility Location Board, and this board will determine the final three sites to be awarded a casino license. He then stated that as Councilmember Powers was saying there's been an update with the Independent Redistricting Commission and they will have two opportunities to submit new maps to the legislature. If both are not accepted then the legislature would draw its own maps and there would be opportunities for local communities to submit opinions on the new maps. 

Justin Flagg – Senator Krueger’s Office – announced that next Tuesday at 7 pm, Senator Krueger will host a virtual town hall on the four ballot proposals that New York City residents will be voting on in the upcoming election. He explained these include one statewide proposal on the environmental bond act, which passed the legislature this year, and three proposed City Charter changes, including adding a preamble as a statement of values to guide city government creating an office of racial equity and requiring the creation of a true cost of living measure. He also announced that next week, Senator Krueger is hosting her annual Senior Resource Fair, which will once again be virtual, and the theme will be “Engage The Heart, the Body and the Creative Spirit”. There will be one event each day over three days also including “Reach Out Beyond Loneliness”, “Essential Movement for Older People” and “Engage in the Arts”. He also gave a reminder that early voting will run from October 29th through November 6th. 

Linf Jun Chen – Manhattan District Attorney’s Office – reported that October is their Domestic Violence Awareness Month and the office will provide presentations on domestic violence at no cost to schools and organizations and will also provide recommendations on steps to take if anyone becomes a victim of domestic violence in New York City. 

Kate Sharer – Councilmember Carlina Rivera’s office –shared some legislative and updates. On September 28th, Councilmember Rivera, the Chair of theCriminal Justice Committee, held hearings on her bill to ban the use of solitary confinement in New York City jails. She stated that the bill has gained a super majority of support from a total of 37 co-sponsors in the council including Speaker Adams, paving the way for the bill’s movement in the council for a full vote. She also shared that Councilmember Rivera also successfully fought to increase funding for the Council's Abortion Access Initiative, stating that the fund is being increased to $1 million and will ensure that travel, lodging and childcare expenses can be covered through public funding. She also informed that their office is kicking off participatory budgeting and looking to accept project ideas for physical infrastructure projects like improvements to schools, parks, libraries and public housing. She also shared that the Ukrainian Habitat Fund is hosting a fundraiser at Veselka on October 26 from 6 to 8 PM for Ukrainian refugees that are being relocated to New York.

Caroline Wekselbaum - Senator Hoylman’s Office – Two days’ ago was National Coming Out Day in response to efforts to criminalize life-saving gender affirming care for youths. She stated that Senator Hoylman helped to lead a coalition of elected officials, medical professionals, legal experts and LGBTQ+ advocates in support of his Transgender Safe Haven Bill. She stated that this legislation ensures that kids won't be separated from their parents for aiding in access to gender affirming care, prohibits New York law enforcement from cooperating with other states investigations regarding gender affirming care and protects health information of New Yorkers and also protects physicians who provide gender affirming care in New York. She gave several other legislative updates, stating that earlier this month Senator Hoylman introduced a bill to require developers to replace every unit of housing they demolish. She then stated that last month, Senator Hoylman introduced a bill with Assembly Member Epstein to guarantee public housing residents access to food and water during disruptions such as what happened at the Jacob Riis Houses recently and would ensure they wouldn't have to bear that additional expense. She stated that finally over the last month Governor Hochul announced $150 million in new capital support for arts organizations across the state. 

Betsy Schmidt – Congresswoman Maloney’s Office – stated that, last month, Congresswoman Maloney showed support for further gun safety legislation by marking September 7th as National Gun Violence Prevention Day of Action and introducing two major pieces of gun safety legislation. First, the Firearm Industry Fairness Act, which will target firearm manufacturers that produce semi-automatic weapons and high-capacity magazines at a rate of 20 percent on all revenue, not just the revenue from the sale of those specific products. The revenue derived from gun manufacturers would be used to fund community violence intervention programs to reduce gun violence and health victims. The Firearm Industry Crime and Trafficking Accountability Act would require that each firearm manufacturer create a monitoring system to track the crimes committed with guns it has sold, and it would mandate that a manufacturer stopped distributing weapons to a dealer when the company has reason to believe that the guns sold by the dealer are being trafficked or being used for unlawful purposes. She stated that it will empower the ATF to impose meaningful financial penalties on firearm manufacturers that continue to ignore gun crime. She also reported that last month the Congresswoman highlighted the need for major banks in the practice of overdraft and non-sufficient fund fees. She also announced that Congresswoman Maloney led a Committee on Oversight Reform hearing about the impact of abortion restrictions imposed by Republicans following the Supreme Court's decision in Dobbs v Jackson. 

Evelyn Collado – NYC Comptroller Lander’s Office – introduced herself as the Manhattan Borough Director at the office of New York City Comptroller Brad Lander and gave updates from the office such as conducting a survey through NYCHA housing developments in order to collect data that will go to inform and audit that we are preparing for the agency. They are also focusing on the climate action agenda, which is integrated in everything that the office is doing as part of our responsibility to identify and confront risks to the financial well-being of the city and New York City government. As part of that, she stated they just announced an audit of the pace of recovery and resiliency spending in terms of the aftermath of Storm Sandy. She stated that it was discovered that of nearly $50 billion of federal grants, the city has only spent $11 billion and that is far from the goals in terms of resiliency and even recovery spending. She stated there is nearly a $250 billion of real estate at risk of flooding by 2050 and the Comptroller’s office has issued a set of recommendations which support the recommendations of the First Deputy Mayor’s Capital Process Reform Task Force in order to accelerate the pace of incomplete projects. She noted that they have also supported the Mayor's determination to extend relief to asylum seekers and the immigrants that are coming from the southern states. She said that they authorize emergency contracting and procurement process so that the vendors can create the Humanitarian Emergency Response and Relief Center for adult migrants. 

Lori Harjowaroga – Councilmember Bottcher’s Office - gave announcements on their no-cost flu shot day on October 18th in the district office at 224 West 30th Street, Suite 1206 from 10:30 to 5:00. Also, the office is partnering with the Sanitation Foundation to host community cleanups beginning this Sunday. She noted that the equipment will be provided and stated that it will be at the following three locations: northwest corner of 23rd and 8th, Abington Square in the West Village and the northeast corner of 47th and 9th in Hell’s Kitchen. The next clean up dates will be October 30th, November 14th and December 4th. She also announced that they have two shred days on October 21st, West 26th Street between 8th and 9th and November 4th, from 1-5pm at West 43rd between 9th and 10th.  She also mentioned as others have already noted that participative budgeting is back.

 

The September 2022 minutes passed with a vote of 33 in favor, 0 opposed, 1 abstaining, as follows: IN FAVOR: Achelis, Blake, Brosnahan, Cedillo, Dowson, Ellington, Ford, Frewer, Garcia, Goshow, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Livesay, Maffia, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Sonderand, Spandorf, Sung, Webb, Xu, Yong. ABSTAIN: Barbero.

 

 

Chair Barbero reported that longtime CB5 member Clayton Dean Smith has resigned from the Board after 14 years. Chair Barbero, Layla Law-Gisiko, Craig Slutzkin and Tod Shapiro each expressed the utmost gratitude for Mr. Smith’s contributions and recalled several stories of his service to CB5.

With Mr. Smith’s resignation, a vacancy for the position of Second Vice-Chair has occurred. Chair Barbero called for nominations for the position. Craig Slutzkin was the sole member nominated. An election will occur at the next meeting.

STATE LICENSES AND PERMITS COMMITTEE – nicholas athanail

Mr. Craig Slutzkin reported on the State Liquor Authority’s (SLA) hearing on the Glass Ceiling application. The SLA decided not to give any license for the outdoor space until CB5 notifies the SLA that the required glass enclosure of the outdoor space has been installed correctly with acceptable soundproofing.

TRANSPORTATION/ENVIRONMENT COMMITTEE – e.j. kalafarski

Mr. Kalafarski gave brief presentations on the following two bundled resolution:

Request by Go New York Tours, Inc., dba Topview Sightseeing, for a Sightseeing Bus Stop on Fifth Avenue between 35th and 36th Streets.

WHEREAS, the Applicant, Go New York Tours, Inc., dba Topview Sightseeing, has applied for a sightseeing bus stop location on Fifth Avenue between East 35th and East 36th Streets, located closer to East 35th Street, on the west side of the avenue; and

WHEREAS, The proposed stop is a relocation of an existing Go New York Tours sightseeing bus stop further north on Fifth Avenue; and

WHEREAS, The current parking regulation at the proposed location is No Standing; and 

WHEREAS, The proposed bus stop would share the location with three existing Metropolitan Transit Authority (“MTA”) bus lines including SIM10, SIM31, and BXM4C, with an additional seven bus lines on the north end of the block, bringing the total bus lines on the block to eleven; and

WHEREAS, Pickups and drop-offs for the proposed location are Monday to Sunday from 9:42 a.m. to 5:12 p.m.; and

WHEREAS, New York City Department of Transportation (“DOT”) has inspected and recommended the location between 35th and 36th Streets and considers it appropriate and capable of accommodating another bus company: and

WHEREAS, DOT has not provided quantitative assessments of traffic and/or pedestrian safety at the proposed location for the new bus stop, and has not provided context explaining why their recommended location between East 35th and East 36th Streets was considered most appropriate and why other locations south of 34th Street were discounted; and

WHEREAS, The Applicant also applied for alternative locations for this stop on Fifth Avenue between East 31st and East 36th Streets, and is willing and able to operate their bus stop anywhere along those blocks; and

WHEREAS, Residents of the block between East 35th and East 36th Streets have indicated that the traffic on that block is hazardous to pedestrians, being noticeably higher than at other nearby locations further south on Fifth Avenue, which only have commercial buildings; and

WHEREAS, Should the application be denied, then during the interim the Applicant will still be allowed to operate their existing bus stop several blocks north of the proposed stop; and

WHEREAS, Community Board Five’s Transportation & Environment Committee determined that due to the stated concerns of both committee members and local residents, there was widespread concern about added congestive bus stops on the recommended block, and there was broad consensus that the locations south of 34th Street, particularly the block between 32nd and 33rd streets on Fifth Avenue, are superior options for the proposed bus stop due to lesser congestion and commercial storefronts in those areas, and the Applicant has expressed similar willingness to operate at these other locations; and

WHEREAS, The Applicant has indicated that current and potential buses operated at the requested stop will not use amplified sound for tour purposes, relying instead on personal headphones, and that amplified sound capability on vehicles will be limited to emergency situations only; and

WHEREAS, The Transportation & Environment Committee of Community Board Five agrees that if no more suitable location is found than the DOT-recommended location between 35th and 36th Streets, then DOT must make provisions to mitigate sound and traffic congestion of any new bus pickups and drop-offs on the block; therefore, be it 

RESOLVED, Community Board Five recommends denial of DOT’s recommended location for a Go New York Tours sightseeing bus stop on Fifth Avenue between East 35th and East 36th Streets; and be it further

RESOLVED, Community Board Five strongly recommends that DOT consider more suitable locations for this bus stop on Fifth Avenue south of 34th Street, as also amenable to the Applicant; and be it further

RESOLVED, Community Board Five requests that DOT provide any context for their initial recommendation between East 35th and East 36th Streets and, if no alternate location can be found, that DOT outline sound and traffic congestion mitigation provisions for the location between East 35th and East 36th Streets as requested by the community.

Application from Times Square Hotel Owner, LLC, for a Revocable Consent to Construct, Maintain, and Use Non-Security Bollards and a Sidewalk Snow Melting System at 1568 Broadway.

WHEREAS, The Applicant, Times Square Hotel Owner, LLC, seeks approval for a revocable consent to construct, maintain, and use non-security bollards and a sidewalk snow melting system at 1568 Broadway; and

WHEREAS, The proposed installation would add twenty-five non-security bollards with shallow foundations along the sidewalk of West 47th Street, fronting a building being altered; and

WHEREAS, The appearance and design of the bollards will be materially similar to those previously installed along Seventh Avenue that have deeper foundations and are fortified for anti-terrorism activity, and that the lesser security rating of the new bollards is driven by a New York City Department of Transportation (“DOT”) recommendation to avoid use of deep foundations due to structural and transit considerations; and

WHEREAS, The sidewalk along which the bollards will be installed is approximately 15.7’ wide; and

WHEREAS, Installation of bollards will decrease the space available for pedestrian use along this sidewalk; and

WHEREAS, The Community Board believes that ensuring ample sidewalk space for pedestrian use is of utmost importance, especially in a high-pedestrian traffic corridor like Times Square, and great care must be taken to ensure continued ample space is provided for pedestrians during and after the bollards’ installation; and

WHEREAS, Once the bollards are installed, there will be approximate 13.5’ of free sidewalk from the bollard to the property line; and

WHEREAS, The proposed installation would embed a new snow-melt system comprising ¼” heating cables (5,427 LF total) at 3” average spacing (on center) beneath portions of new concrete sidewalk of West 47th Street; and

WHEREAS, The materials of the proposed snow melting system match those successfully used for other sidewalk snow melting systems in the city; and

WHEREAS, The Applicant recognizes that the removal of snow will remain the responsibility of the building at all times, even in the event the system fails to operate correctly; and

WHEREAS, Should the snow melt system fail or not perform in a satisfactory manner, the Applicant will ensure that the system be replaced as quickly as possible and alternative methods to maintain the safety and cleanliness of the sidewalk will be implemented; and

WHEREAS, The successful use of the system, when properly administered by the responsible entity, eliminates the unsafe conditions of ice and snow on the sidewalks in which it is in use and substantially reduces the use of environmentally harmful chemicals and salts; and

WHEREAS, The successful use of the bollards, when properly installed and administered by the responsible entity, will ensure the safety of pedestrians and protect the building from potential damage; therefore, be it

RESOLVED, Community Board Five recommends approval of the Application from Times Square Hotel Owner, LLC, for a revocable consent to construct, maintain, and use non-security bollards and a sidewalk snow melting system at 1568 Broadway.

After some discussions, the above two bundled resolutions passed with a vote as follows 33 in favor, 0 opposed, 1 abstaining: IN FAVOR: Achelis, Blake, Brosnahan, Cedillo, Dowson, Ellington, Ford, Frewer, Garcia, Goshow, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Livesay, Maffia, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Sonderand, Spandorf, Sung, Webb, Xu, Yong. ABSTAIN: Barbero.

LAND USE, HOUSING AND ZONING – layla law-gisiko 

Ms. Law-Gisiko gave an extensive presentation on the following resolution 

Request from 215 West 28th Street Property Owner LLC and 225 West 28th Street Property Owner LLC, for two special permits pursuant to Sections 13-45 and 13-451 of the New York City Zoning Resolution, to allow two accessory off-street parking facilities.

WHEREAS, The special permit is for a portion of the ground floor and sub-cellars of a proposed mixed-use development under construction at 213- 219 W. 28th Street (Block 778, Lot 31) (“Building A”), with 20 maximum accessory parking spaces, and one on portion of the ground floor and sub-cellars of a proposed mixed-use development under construction at 221-227 W. 28th Street (Manhattan Block 778, Lot 25) (“Building B”), with 24 maximum accessory parking spaces; and

WHEREAS, The applicant is seeking approval to construct a total of 41 spaces in building A, and a total of 36 spaces in building B, for a total 33 additional spaces; and

WHEREAS, The Zoning Lot is located in Manhattan Community District 5 in northern Chelsea on the north side of West 28th Street between 7th and 8th Avenues; and

WHEREAS, The Zoning Lot was rezoned from an M1-5 district to an M1-6D district in 2011 (C 100063 ZMM and N 110285 ZRY). The rezoning encompassed the mid-blocks beyond 100 feet from 7th and 8th Avenues, extending from the north side of West 28th Street to the south side of West 30th Street; and

WHEREAS, Construction of Building A and B is substantially complete, and a 25-space licensed public parking facility previously occupied the western portion of Lot 31 of development site A; and

WHEREAS, The Applicant proposes to construct a new, 11.9FAR, 20-story rental apartment building (Building B) with 30% affordable units, that would contain ground floor retail with residential use above and a 36-car accessory residential parking garage with an entrance on the ground floor and spaces in the building’s sub- cellars (the “Garage”); and

WHEREAS, The Applicant proposes to construct a new, 11.9 FAR 20-story condo apartment building (Building A) that would contain ground floor retail with residential use above and a 41-car accessory residential parking garage with an entrance on the ground floor and spaces in the building’s sub- cellars (the “Garage”) ; and

WHEREAS, The applicant intends to make all accessory off-street parking spaces in the Garage, available for residents of the buildings, thought a 99 year lease at an offering price of $500,000, but if any parking space is not requested by a resident of the Buildings such space shall be made available to the public; and

WHEREAS, The Zoning Lot is located in an M1-6D zoning district for which ZR 44-024 determines the applicable parking regulations. For residential uses in M1-6D districts, the parking regulations applicable in R10 districts will apply; and

WHEREAS, The Garage will not have any parking spaces located on the ground floor. Rather, only the Garage entrance and exit, and necessary reservoir spaces, are located above-grade. The Garage’s parking spaces will be located in Building A’s subcellars; and

WHEREAS, No portion of Building A’s automated Garage will be located above the building’s ground floor; and

WHEREAS, The accessory off-street parking spaces in Building A will be accessed by a single curb cut measuring 20 feet wide, including splays, which complies with the requirements for C6-4 districts in Section 36-53 (for R10 equivalent districts such as M1- 6D districts), made applicable by Section 44-024; and

WHEREAS, The Garage would have 41 parking spaces, and therefore must provide reservoir space for 5% of those spaces, or 2.05 spaces, pursuant to Section 13-25(a). Building A will have two ground- floor reservoir spaces at the entrance/exit of the parking garage, and each reservoir space would be 8.5 feet wide and 18 feet deep; and

WHEREAS, the buildings are located in a transit-rich district well served by subway, bus and close proximity to Penn Station; and

WHEREAS, according to census data, 83% of residents in the census tracts do not have access to a vehicle; and

WHEREAS, the as-of-right parking spaces shall satisfy the needs of residents and additional parking spaces by special permit is not justified; therefore, be it 

RESOLVED, Community Board Five recommends the denial of an application by 215 West 28th Street Property Owner LLC and 225 West 28th Street Property Owner LLC to construct 33 additional parking beyond the 44 parking spaces permitted under the zoning resolution. 

After much discussion, the above resolution passed with a vote as follows 31 in favor, 0 opposed, 1 abstaining; 1 present not entitled to vote: IN FAVOR: Achelis, Blake, Brosnahan, Cedillo, Dowson, Ellington, Ford, Frewer, Garcia, Goshow, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Livesay, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Spandorf, Sung, Webb, Xu, Yong. ABSTAIN: Barbero. PRESENT NOT ENTITLED TO VOTE: Sonderand.

Ms. Law-Gisiko then presented the following resolution:

Community-led zoning framework for North Chelsea/Penn Area.

WHEREAS, The area around Penn Station is home to the largest transit hub in the western hemisphere and the second busiest train station in the world while also being the present home to a world-renowned sports and concert arena; and

WHEREAS, Infused by a very rich transit network of train, subway and bus infrastructure, the Penn Station area has been in dire need of a vehicle to create and enact a comprehensive plan to accommodate a variety of transit-related uses, infrastructure upgrades, land use, zoning and public improvements in this area that will be cohesive with the existing and historical urban fabric; therefore be it

RESOLVED, That Community Board Five supports and adopts the following letter “A ZONING FRAMEWORK FOR A COHESIVE FUTURE IN NORTH CHELSEA AND PENN STATION AREA:

North Chelsea and Penn Area 

Community Planning

MANHATTAN COMMUNITY BOARD FIVE

LAND USE, HOUSING & ZONING COMMITTEE

BACKGROUND 

Pennsylvania Station, designed by McKim Mead & White, was constructed by the Pennsylvania Railroad (PRR) between 1902 and 1910. It was located on an eight-acre plot bounded by Seventh Avenue, Eighth Avenue, West 31st Street, and West 33rd Street.

Pennsylvania Station was designed in the Parisian Beaux-Arts style and would become iconic for its open spaces, Doric columns, and expansive sky lighting. The main waiting room, inspired by the Roman Baths of Caracalla, was the largest indoor space in New York City. A block and a half long, it had vaulted glass windows that soared 150 feet over a sun-filled chamber. 

The Farley Building, constructed between 1910 and 1913, was built as a companion to Pennsylvania Station. Also designed by McKim, Mead, and White, it afforded direct access to Pennsylvania Station’s tracks for postal operations. Other buildings that were constructed contemporaneously include the Hotel Pennsylvania, Gimbel’s Department Store (which today is the Manhattan Mall), and 11 Penn Plaza.

In 1902, the R. H. Macy and Company Store flagship moved uptown to Herald Square at 34th Street and Broadway, where its headquarters are currently located.

In 1962, after intercity and commuter rail decline, the original Pennsylvania Station was demolished, despite intense protests. 

Around the time the original Pennsylvania Station was demolished, its below-grade concourses and waiting areas were subsequently reconfigured to become the existing Penn Station, which opened in 1968. Above ground, the landmark train station was replaced by MSG and 2 Penn Plaza, both of which opened in 1968.

MSG was constructed pursuant to a special permit, a discretionary land use action that modifies use, bulk, or parking controls. The special permit also included site plan approval, which limited future modifications without additional City review. Approved in 1963, the special permit for MSG established a maximum capacity of 22,000 seats for the arena and included a term limit of 50 years. The special permit also established a series of plazas that, under the 1961 Zoning Resolution, generated bonus floor area. 

In 2013, a new special permit to facilitate continued operation of MSG was issued for a period of 10 years, with a provision that a new location and subsequent move would be facilitated. In a letter to the NY City Council, dated July 9, 2013, Amanda Burden, Chair of NYCPC, stated “The Commission, like the Council, believes that the preferred result would be for MSG to relocate to another site. Relocating the MSG Arena would allow for a fresh start on the Penn Station Site that would permit substantial improvements to be made below grade at the track and concourse levels, provide generous means of access and egress from the ground level to the station below, and could also include a ‘head house’ structure to serve as a train hall in a manner befitting the busiest train station in the country.”

The current special permit will expire in July 2023.

Over decades, MSG relocation has been considered numerous times. In 2006, a memorandum of understanding was signed between MSG and ESD to facilitate the arena relocation to the Farley post Office. Yet, all past efforts have failed to facilitate MSG’s relocation. 

In 1982, the Special Midtown District (MiD) was established. The purpose of the Special Midtown District is to guide development within the Midtown central business district.

In 2010, a rezoning and special permit were approved within the Special Midtown District to redevelop the site of the Hotel Pennsylvania with a new commercial office building, known as 15 Penn Plaza. The rezoning extended the C6-6 district (15.0 FAR) over the entirety of Block 808. It also allowed for a floor area bonus in exchange for subway station and rail mass transit facility improvements, among other actions. To date, the proposed project has not been built. The special permit issued in 2010 has expired.

In 2015, Macy’s expressed interest in pursuing an up-zoning for their current headquarters located at Herald Square & 7th Avenue. Such floor area bonus would have been sought in exchange for public realm, subway station and rail mass transit facility improvements. 

In 2020, ESD (Empire State Development Corporation) issued a General Project Plan to acquire sites around Penn Station and up-zone them up to 33 FAR. The controversial plan was opposed by the entire elected delegation, the City Planning Commission, community boards, civic organizations, residents’ groups, block associations and scholars alike. The plan framework was approved by ESD directors in July 2022. Underlying design guidelines, density and zoning will only become effective once ESD takes possession of the specific sites’ ownership and the related transactions are approved by the PACB (Public Authorities Control Board). To this day, no such transaction has been completed. 

Today, as in 1963, the area primarily consists of C6 and M1 zoning districts. Permitted commercial densities have increased across much of the area over the last five decades. The area’s FAR range from 4 to 15 reaching up to 23 with special permit. 

While the Special Hudson Yards District, the Special Midtown District and the Penn Area Civic Land Use GPP overlap, the area as a whole lacks a cohesive zoning framework that reflects its location in the transit-rich Penn Station area. Rather, the current zoning regulations that govern development within the study area are the result of piecemeal public and private proposals driven by strong private interests, and city and state administrations often at odds with public interest goals, that have failed to articulate a comprehensive vision for a cohesive future at this location.

PLAN DESCRIPTION 

A Zoning Framework for a Cohesive Future in North Chelsea and Penn Station Area.

The area around Penn Station is a critical neuralgic area for New York City and the North East Corridor. 

The area is home to the largest transit hub in the western hemisphere and the second busiest train station in the world. It is also home to a world-renowned sports and concert arena. Catty-corner is the largest department store in the country. It is infused by a very rich transit network of train, subway and bus infrastructure. 

The area is culturally rich, with a large presence of music recording and rehearsal studios. Historic resources are numerous and include the Church of St John the Baptist, the Gimbel’s Skybridge, and Macy’s, to name a few.

The North East Corridor represents 30% of America’s GDP and its state of good repair is the most urgent project in America. It is a local, regional and national asset. 

As critical as the area is, its infrastructure has been neglected for decades and lacks a cohesive and comprehensive vision serving the public interest. 

Over the past two decades, Manhattan Community Board Five has advocated for improved zoning and land use policies to improve infrastructure, facilitate fiscally responsible investments and support sensible development. 

Manhattan Community Board Five is proposing to establishing a vehicle to create and enact a comprehensive Community Plan to accommodate a variety of transit-related uses, infrastructure upgrades, land use, zoning and public improvements in this area that will be cohesive with the existing urban fabric.

The general area for the proposed plan is bounded by 8th Avenue to the West, 6th Avenue to the East, 35th Street to the North and 30th Street to the South but the exact boundaries will be finalized as research is undertaken and input is provided.

The Community Plan may propose to recommend a 197-a plan, a 197-c (as defined in NYC Charter), the creation of a special zoning district, the creation of special sub-districts, a zoning framework, or other vehicles that shall successfully and permanently improve the district needs and serve the public interest. 

The community plan will be carefully formulated by a working group appointed by Community Board Five Chair. The working group will be made up of community board members, local residents and businesses, stakeholders, civic groups and experts. The final plan will be subject to approval by Community Board Five. 

In 2019, Marc J. Dunkelman, a fellow at the Taubman Center for American Politics and Policy at Brown University’s Watson Institute for International and Public Affairs, wrote in Politico: “Since the mid-1960s—really since the opening of the Verrazzano-Narrows Bridge connecting Brooklyn to Staten Island—no major new piece of public infrastructure has been built within the five boroughs of New York City. New York has managed to rebuild when bridges and subways failed and, in the case of the World Trade Center, when buildings were destroyed by terrorists. A handful of new subway stops have opened on Second Avenue, and the 7 Line was extended into Manhattan’s Far West Side. Gov. Andrew Cuomo managed to replace the Tappan Zee Bridge. And he’s rebuilding terminals at Kennedy and LaGuardia airports. But those changes are a pittance of what New York once built year upon year, and just a fraction of the public infrastructure a booming city demands.”

It is incumbent on us to tackle with gusto the imperatives of our time. Federal funding for infrastructure has never been so generous. The onus is on us to jumpstart an ambitious plan to upgrade our area, for our community but also for the entire region. Our need for improved public transit is an existential necessity. Creating new connectivity is a necessity to remain competitive with other economic powerhouses such as London (Elizabeth Line) and China. Such plans must be designed to complement and support our existing urban fabric and neighborhood character.

Goals 

The plan’s stated goals are to: 

CONCLUSION

CB5 believes that it is governments’ responsibility to build and fund infrastructure and plan for our district’s zoning and land use needs, with public interest at heart. CB5 believes that although this area is of critical importance for the region and for the nation, the local community is best suited to spearhead and design a plan to address the multiple needs, and work with all stakeholders. CB5 will undertake the effort to create a resilient, ambitious, pragmatic and comprehensive plan to address the transportation, infrastructure, zoning, socioeconomic, fiscal and urban design needs of an area that has proven vexingly difficult to fix.

After much discussion, the above resolution and report passed with a vote as follows 30 in favor, 0 opposed, 1 abstaining; 1 present not entitled to vote: IN FAVOR: Achelis, Brosnahan, Cedillo, Dowson, Ellington, Ford, Frewer, Garcia, Goshow, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Livesay, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Spandorf, Sung, Webb, Xu, Yong. ABSTAIN: Barbero. PRESENT NOT ENTITLED TO VOTE: Sonderand.

LANDMARKS – layla law-gisiko

Ms. Law-Gisiko gave a brief presentation on the following resolution:

 

281 Park Avenue South, the Fotografiska Museum application to install a canopy for the Verōnika Restaurant at this site.

WHEREAS, 281 Park Avenue South (the “Applicant”) is a six-story building located on the corner of Park Avenue South and East 22nd Street; and

WHEREAS, Robert Williams Gibson and Edward J. Neville Stent completed construction of the Flemish-style building in 1894; and

WHEREAS, Its steel-framed construction and Medieval sheathing signifies the 19th Century’s commitment to technology and appreciation for historical association; and 

WHEREAS, Formerly known as the Church Missions House, so named because it was the headquarters of the Episcopal Church’s Domestic and Foreign Missionary Society for much of the 20th century and designated a New York City Landmark on September 11, 1979; and

WHEREAS, The building was added to the National Register of Historic Places in 1982; and

WHEREAS, The Applicant applied to install a canopy for a restaurant referred to as “Verōnika” (the “Restaurant”) but had in fact already installed said canopy, by drilling at least ten (10) bolts into the building façade to install a sloped canopy with LED lighting, tassels and signage (the “Canopy”) during or about May 2022 without a permit from the Landmarks Preservation Commission (“LPC”); and

WHEREAS, Therefore, the Applicant is seeking instead to legalize the Canopy already installed; and

WHEREAS, Community Board Five recognizes that the Applicant desires to install exterior signage in an effort to attract more business for the Restaurant; and

WHEREAS, The design and installation of such Canopy is not contextual nor harmonious with the building, proportions and historical significance of the building; and

WHEREAS, The installation was done in a detrimental way to the existing fabric of the building; therefore, be it

RESOLVED, Community Board Five recommends denial of the application and further, asks that the Applicant work with LPC to remove the canopy and considers alternate exterior discreet signage for the Restaurant appropriate for the individual landmark.

After some discussion, the above resolution passed with a vote as follows 30 in favor, 0 opposed, 1 abstaining: IN FAVOR: Achelis, Brosnahan, Cedillo, Dowson, Ellington, Ford, Frewer, Garcia, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Livesay, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Sonderand, Spandorf, Sung, Webb, Xu, Yong. ABSTAIN: Barbero.

BUDGET, EDUCATION AND CITY SERVICES – renee kinsella

Ms. Law-Gisiko gave a brief presentation on the following resolution:

 

CB5 FY24 District Needs and Budget Priorities

District Overview

Manhattan Community Board Five (CB5) beats with the pulse of the City in the heart of Manhattan. Our boundaries extend from Lexington to 8th Avenues and 14th to 59th Streets, but the scope of life in our District is a microcosm of New York City. All of the ethnic, cultural, economic and social diversity and disparity found across our city is displayed vividly in CB5. We are the City’s midtown central business District as well as the first and last impression of New York City for millions of commuters and tourists who pass through Penn Station and Grand Central Terminal, or who visit Times Square, Herald Square, Union Square, and Greeley Square every day.  

Our District connects every borough to each other and to the world. All but three subway lines traverse CB5, and with the Port Authority just outside our western border, the District is at the core of the City’s substantial pedestrian and vehicular traffic. We are the destination for millions  of tourists who come here to experience New York City’s greatest business, tourist, entertainment  and industrial landmarks, all located in CB5. The Broadway Theater District, the Museum of  Modern Art, Radio City Music Hall, Carnegie Hall, Rockefeller Center, and the Flatiron Building  are all here, along with world class shopping destinations such as Macy’s, Saks, Tiffany’s, Cartier  and Nordstrom (to name but a few).  

In the recent past, our District experienced a boom in hotel construction, particularly in the Flower District and the Broadway corridor. Prior to the pandemic, new bars and restaurants regularly opened throughout the District to service the increasing number of visitors, generating substantial sales tax and other revenues for the City. Office and residential density expanded given the proximity to the transportation hubs in our District resulting in an appreciation of public and pedestrian spaces by residents and workers alike. Three of the City’s most intensely utilized parks -- Bryant, Madison Square, and Union Square -- are located within the District, as well as Herald and Greeley Squares. Our residents and visitors cherish pedestrian friendly amenities such as pedestrian paths of travel, shared urban pathways, and expanded bicycle lanes. The extraordinary growth and popularity of CB5, combined with our proximity to transportation hubs, commercial centers, and tourist attractions create unique and substantial budgetary needs and corresponding opportunities.  

District Needs 

The pandemic of 2020 brought fundamental challenges to the district that continue to this day. Homelessness, mental health needs, sanitation, congestion and noise have always been issues, but these conditions have worsened substantially, bringing with them concerns about public safety. For FY2024, the three most  pressing issues facing CB5 are : (1) affordable housing which includes the homeless crisis that has permeated every block within the District, (2) quality of life issues including noise, graffiti, petty crime, street conditions as well as an increase in major crime, and (3) economic development and recovery as businesses within CB5 continue to struggle post pandemic; the return to offices in the midtown area has been uneven at best and the number of tourists visiting Manhattan has still not reached its pre-pandemic level.  

Affordable Housing: The City’s decision to utilize hotels in the District to house homeless individuals during the pandemic and again due to a recent increase in asylum seekers has highlighted the stunning deficiencies in the City’s network of social services for those experiencing homelessness or those with limited resources. The homeless, and indeed all New Yorkers, deserve better. Fundamentally, our city needs more affordable housing – in our District and elsewhere. However, we also need high-quality temporary shelters and housing programs now to serve the homeless. That includes comprehensive programming with wrap-around services such as mental health and substance abuse treatment as well as facility improvements and enrichment programming on site. CB5 encourages the City  and shelter providers to craft solutions that meet the homeless where they are and to address their  concerns regarding safety, possessions, pets, significant others and recreation and social space as a  means of creating a more comfortable, welcoming and productive environment for those experiencing need.  In addition, our District requires real affordable housing for middle income earners. Rents continue to rise in the district as demand continues to outstrip supply and even market rate housing is out of reach for many.  

Quality of Life Issues: Quality of Life issues are top of mind for many who work, live or visit the district.  Serious crime has risen significantly within the district over the last two years. The symptoms are as clear as the causes are myriad. Street and sidewalk noise, increasing graffiti, unauthorized street vendors, petty crime, panhandling, loitering and street encampments all detract from the quality of life in the District and feed the perception that the City is not safe. While CB5 believes addressing the underlying issues of education, health care, economic opportunity and homelessness will strike at the roots of these societal issues, consistent enforcement of existing regulations will also help. The goal of enforcement is not to criminalize any social condition but to create an environment where the rights of all are respected and the public space remains dedicated to the public. Visitors and residents alike should expect that existing regulations – for example, prohibiting cars and delivery trucks from double parking or “blocking the box”, prohibiting cyclists from riding on the sidewalk or in the opposite direction  of traffic, discouraging pedestrians who walk in the bike lane, cracking down on illegal food carts  and un-permitted street vendors – will be enforced to help protect the quality of life of all  residents, visitors  and workers in the district. CB5 believes that public bathrooms are necessary and that the City should look at and and every opportunity including  partnering with private industry to make bathrooms accessible, working with the MTA to open all of the subway  bathrooms, working developers to ensure new POPS include bathroom facilities or finding locations to site warehoused APTS.  Further, CB5 believes our air and light are public assets that should not be privatized or monopolized by private developers. Light and air must be approached as any other budget assets and they must be treated and protected as such.  

Economic Development and Recovery: CB5 is a District heavily dependent upon commuters, businesses and tourists, which were virtually non-existent during the past several years and have still not returned to pre-pandemic levels.  Restaurants, retail, arts, entertainment venues have all been affected. Many small businesses have closed and continue to close and the District requires commercial tenant programs, better business programs as well grants and loans in order to continue its recovery from the economic devastation wrought by the pandemic. CB5 encourages public / private collaboration to address the challenges faced by businesses small and large as well as educational programs that will allow people to retool their careers.  CB5 also encourages the City to consider innovative programs to protect its small businesses and foster new enterprises.

Sanitation: Overflowing garbage cans and debris on the streets around them has always been an issue in CB 5. However, it has become much worse after the City’s disastrous cut in services (now partially restored) in early 2020. Large institutions, BIDS, resident associations and individual citizens have all called for additional sanitation services to ensure the removal of street litter and the timely collection of full litter bins. The increasing number of homeless individuals has also triggered the need for corresponding additional public sanitation services including a significant increase in the frequency of corner trash pick-up. Our District needs many additional litter baskets, recycling and composting bins. This responsibility is uniquely a City responsibility. It cannot be delegated or ignored and, when paired with our other priorities this year – quality of  life and actions to address homelessness on our streets – offers a dramatic opportunity for visible  and lasting improvement in the district. Electronic waste and composting services are also services that would enhance the District as well as consideration of on-street bins versus unsightly garbage bags.

Open Restaurants Program and our District: As the City considers the Open Restaurants Program, just how this new program will be regulated and enforced will have a major impact on the quality of life and the sanitation in CB5.  CB5 has every type of restaurant and bar imaginable within its boundaries; everything from fine dining establishments to dive bars. Over the last three years, owners and operators have taken full advantage of the covid-era regulations that provided relaxed rules and standards  in order to build- outdoor dining structures of varying quality and appropriateness for the District’s neighborhood’s sidewalks and streets.  These structures are exponentially greater than any that existed pre-pandemic.  The continued use of these structures as the pandemic has waned, has engendered robust debate on issues of sound, sanitation, appropriateness, competition for valuable street space and sidewalks, and design aesthetics of the many structures (“sheds”).  Many question the level of resources necessary for the newly designated steward, the Department of Transportation, to regulate and manage this new era of outdoor dining.  CB5 believes that in order to successfully implement this program, The Mayor, the City Council, and the Department of Transportation must allocate sufficient continuing financial resources to fund a new generation of inspectors and staff to manage and enforce the proposed regulatory regime.  More importantly, they must conduct the necessary environmental review in order to carry out this wisely and successfully.  Our District, more than any other District in the City, will be impacted by this program and therefore we insist our public officials ensure the appropriate funding and enforcement.  CB5’s report on the Open Restaurant Program can be reviewed for an overview of all aspects of this important subject.

Healthcare and Human Services: CB5 has seen an increase in the number of homeless within the District as well as an increase in the number of asylum seekers arriving without housing and one of the most pressing healthcare and human service issues within the District is the provision of services to reduce or prevent homelessness. Access to health care and mental health, substance abuse treatment and prevention programs are important to assist in alleviating the plight of those on the streets. CB5 has, for many years, directed many of its budget requests to these issues and has done so again this year as we request new affordable housing, supportive housing as well as mental health and addiction recovery beds and services.  We ask that the City specifically expand the Mental Health Team Pilot Program to provide citywide emergency mental health responses as well as providing other mental health supports.  In addition, we specifically require –both within the District and throughout the City – additional housing units that are affordable.  We encourage the City to fund additional units as a matter of urgency and to consider innovative solutions like the HONDA Act in order to accelerate the creation of new residential units.  

Youth Education and Child Welfare: Although it is recognized that children have experienced a loss of learning during the pandemic, it is unclear what the impact of this loss has been.  It is important that educators understand where children are now failing in order to appropriately direct resources as it is imperative that all students in the district have access to quality high school programs that meet their needs.  The City must provide appropriate support for the children of the refugees who are coming to schools in CEC 2 (and neighboring CECs) with very little language skills, unknown academic skills and social/emotional needs. These children have needs beyond education and funding should be provided for the children during this transition.  There is also a disconnect between where children are applying to attend high school and where they are placed. 12% of the students of CEC 2 (which we overlap) were not placed in ANY of their 12 choices for high school.  This is an issue that must be addressed.  Additionally, CB5 believes that schools within and just outside the District are underfunded in  respect to after school programming, internet connectivity, ADA accessibility and mental health  care for students, all things that stakeholders within the District have found to be of critical  importance. In particular, CB5 hopes that each school will be provided with one full time nurse.  

Public Safety and Emergency Services: Serious crime within the District has significantly increased over the past year and continues to rise.   The Midtown business recovery unit created to ensure the safety of the core business district and CB5 would like to see this detail made permanent.  Additionally, CB5 encourages the expansion of the NCO program beyond daytime shifts.  CB5 believes this program improves the collaboration and strengthens trust between the community and the local police department. Leading to increased crime fighting capabilities.  CB5 is aware that the headcount of the NYPD has been significantly reduced through attrition and retirement and believes it is important to replace this headcount to ensure that the force can remain responsive to the needs of the City.  Enforcement, whether of traffic regulations or criminal laws are very important to those within the District. Stakeholders have  repeatedly noted that enforcement of violations are critically important and that increased and  timely enforcement of existing rules and legislation would help to address myriad stakeholder  concerns. CB5 supports the transition of some routine public safety enforcement roles -- such as traffic and parking enforcement priorities -- from the NYPD control and placed within other Agencies such as DOT.  

Core Infrastructure and City Services: The city's infrastructure, like those across the nation and world, are increasingly vulnerable to the risks posed by the climate crisis and the ever-increasing frequency of high-rainfall and flood events. While our district is landlocked, the numerous severe rainfalls and resulting impact on city infrastructure, services, and cascading impact on the populace's quality of life and productivity make it clear that Midtown will not be spared. NYC must dramatically improve our planning and mitigation efforts to prepare for future flood events that damage our infrastructure and impair the lives of New Yorkers. We lack comprehensive water management & flood preparation planning. Beyond examining and improving drainage capacity, we must continue to invest in green infrastructure projects that can absorb and redirect stormwater in an economical manner. These interventions include rain gardens, rain barrels, permeable playgrounds and green roofs — generally, practices that decrease impervious surfaces or divert stormwater from even entering the drainage system. Beyond flood management, we must continue to explore ways to expand the production and use of clean energy and renewable sources and related infrastructure (e.g., electric car chargers).

Land Use, Housing and Economic Development: Affordable housing is one of the single most important issues identified by stakeholders within the district. Not only low and moderate-income families, but increasingly also the middle class is in dire need of permanently affordable housing. The enormous amount of construction within the District and  the loss of small buildings owned by individual landlords, the cost of housing vis-a-vis income  and income inequality have all stoked great interest in preserving and creating affordable housing  programs. Additional supportive housing is also a critical need, as these developments enable a steady progression of homeless individuals and families from the streets, to shelters, and finally to permanent homes with the services they need to live healthful and independent lives. Without sufficient supportive housing, this population can become trapped in cycles of homelessness, mental illness, and/or antisocial behavior that devastates individual and collective quality of life.  Given the high land cost (among the highest in the country) and highly speculative nature of housing construction and overall market, a deep policy change is needed to maintain and aggressively create additional affordable housing units without destabilizing existing housing stock. Programs such as Community Land Trusts must be considered and encouraged to fulfill housing equity and stability.

The COVID-19 pandemic and related economic shutdowns and shifts in business and consumer behavior have also devastated small businesses, restaurants, bars, theaters, and other cultural institutions in CB5 more than any other part of the city. Travel restrictions, work-from-home policies, and health and safety regulations in the pandemic era have spurred mass business closures, economic losses, and high unemployment that threaten to irrevocably harm CB5. The announced theatre, cultural and performance space closures through much of 2021 and the ancillary loss of business and economic activity that these sectors generate for both local and citywide revenue is of particular consequence for CB 5. Significant policy and legislative action --backed by substantial funding- is needed to support our neighborhood’s businesses, employees, and institutions.  

Transportation and Mobility: Our District has immense transportation needs given the dense concentration of businesses and the presence of Grand Central Terminal, Penn Station, the Port Authority Bus Terminal, and many subway stations within or just outside our borders. Commercial and office spaces make up roughly 65% of the district, bringing hundreds of thousands of commuters into the District and leading to severe congestion. Many stakeholders in CB5, along with advocates, have stated their wish for a comprehensive congestion plan to address congestion concerns.

Accessible and safe public transportation is also extremely important given the large numbers of commuters, residents, and visitors in the district. MTA funding disputes between state and city officials continuously affect CB5, which is home to nine of the ten busiest subway stations (MTA Annual Ridership by Station Report). Furthermore, several highly frequented subway stations in CB5, such as the 4/5/6 at Union Square and S at Times Square, are not ADA compliant, limiting accessibility for residents and visitors alike.  

In addition, our District has a high traffic flow with several complex intersections, which are in need of improved traffic safety as evidenced by high annual collision rates, poor pedestrian safety, and several conflicting traffic patterns. The District welcomes the newly created bike routes, but the safety of bikers, pedestrians, and drivers depends on active enforcement of regulations.  Assigning the role of bike lane and traffic enforcement to agencies outside of the NYPD is supported by CB5. The disruption of normal commuting patterns caused by the pandemic has  only increased the prevalence of biking citywide, and CB5 feels strongly that the City must  capitalize on these changes in behavior to dramatically increase protected bike lanes and  emphasize enforcement of safe driving, cycling, and pedestrian behavior as this transition away  from cars continues.  

Parks, Cultural and other Community Facilities: The participation of ordinary individuals in the processes that determine how we live in the city is vital, particularly in a time where increasingly such participation is being chipped away, which is why CB5 fully supports, as our number one budget priority, the creation of the office of Public Realm and the appointment of Director of the Public Realm. The Director of the Public Realm role is one which is desperately needed to take on the complexity to holistically manage the streets, sidewalks and plazas in a data driven way. CB5 believes that this office will rectify the current lack of cohesion in city planning and allow stakeholders to have a voice on issues affecting the public sphere.  

See Attached Lists of FY24 Expense and Capital Items

After some discussion, the above resolution passed with a vote as follows 29 in favor, 0 opposed, 1 abstaining: IN FAVOR: Achelis, Brosnahan, Cedillo, Dowson, Ellington, Frewer, Garcia, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Livesay, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Sonderand, Spandorf, Sung, Webb, Xu, Yong. ABSTAIN: Barbero.

 

PUBLIC SESSION

The public was invited to comment on topics of their interest and seeing no raised hands, Chair Barbero announced that the public session was closed and the regularly scheduled meeting of Community Board Five was adjourned.

Respectfully submitted by, 

Craig Slutzkin

Secretary

Julie Chou

Assistant Secretary

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