<< Back
print

Manhattan Community Board Five

April 2023

April 2023 Minutes

Minutes of the regular Community Board Five meeting held on Thursday, April 13, 2023 via teleconferencing.  

 

Members Present

David Achelis

Nick Athanail

James Beitchman

Seth Borden

Mary Brosnahan

Johnathan Cedillo

Julie Chou

Sarah Dowson

Katherine Ellington

Aaron Ford

Joseph Frewer

Laura Garcia

Nancy Goshow

Tristan Haas

John Harris Jr.

Marc Hershberg

Michael Kaback

Kathy Kahng

EJ Kalafarski

Renee Kinsella

Samir Lavingia

Layla Law-Gisiko

Sam Levy

Joseph Maffia

Kimberly McCall

Charles Miller

Bradley Sherburne

David Sigman

Craig Slutzkin

Barbara Spandorf

Sarah BJ Sung

Zona Xu

Janice Yong

Present Part

Aiden Blake

Joseph Maffia

Tod Shapiro

Daniel Spence

Absent

Vikki Barbero

Robert Isaacs

Bridget Killian

Catalina Muneton

Pete Webb

Excused

Samuel Johnson

Public Members

Tony Testa

Elected Officials

Assembly Member

Alex Bores

Assembly Member

Harvey Epstein

Elected Officials Reps

Isaacs Andino 

Councilmember Powers

Alex Marinidis

Senator Krueger

Laurie Harjowaroga 

Councilmember Bottcher

Bianni Rodriguez

Councilmember Rivera

Ben Lowenstein  

Assembly Memb. Simone

Eric Strazza

Manhattan DA Bragg

Olivia Glenn Raynor

Congressman Nadler

Staff

Marisa Maack

District Manager 

Mike Fissinger

Community Associate

Public Attendees 

Lisa Wager

Eric Vath

Eric Martz   

Pamela Wolf  

Morris Auburn 

Eugene Cine Galliano Theodore Liebman Stephen Mormon 

Julia Kirsten 

Anita De Mateo 

Ricky James 

Damiante Rod Heshwar C.M. Pyle 

Miriam Fisher 

Thomas La Madrid William Otterson 

Joy Goldberg 

Charles 

Greg Miller 

Virginia Casellas

At 6:03pm on March 09, 2023 Public Hearing of Community Board Five was called to order by 1st Vice Chair. Nicholas Athanail.

PUBLIC HEARING 

Eric Martz – stated that Community Board Five should understand the impact that Madison Square Garden has over Penn Station and that a better Penn Station cannot be made with Madison Square Garden squatting on top of it due to the physical constraints of Madison Square Garden and therefore the permit should not be renewed. 

Pamela Wolf – introduced herself as the President of Save Chelsea and encourages CB5 to recommend a renewal of Madison Square Garden's permits for three years with a clear stipulation that the garden must vacate its current site by the end of that term and that the renewal should only be granted if the garden's ownership presents and commits to a viable relocation plan and enters into a legally binding agreement to vacate in three years.

Morris Auburn – introduced himself as a student studying architecture and asked the Board to hear the voice of the youth concerned about the climate crisis. He stated that a robust train hub is essential to defending against the climate crisis. He spoke of rail travel and Madison Square Garden being the greatest monument to the disintegration of rail travel in this country. He suggested the relocation of Madison Square Garden to Hudson Yards. 

Eugene Cine Galliano - spoke as the only individual at risk of displacement that was a member of the Empire State Development Community Advisory Committee working group. He stated that he represented hundreds of residents, 400 businesses and 10,000 employees that will lose their homes, offices and jobs with multiple city blocks destroyed by this outdated, fatally flawed, special interest plan if Madison Square Garden is allowed to remain on top of Penn Station. He stated that this will lock the busiest Transit Hub in North America below ground. He stated that transit experts, architects, engineers, civic organizations, community boards and most of our elected officials all agree that Madison Square Garden needs to move to allow for far superior Transit planning and implementation, including major capacity increases within Penn Station's existing footprint, without the need to destroy the surrounding neighborhood. 

Theodore Liebman – spoke of the relocation of MSG to Queens, Bronx, New Jersey or Secaucus and suggested that half of the Pennsylvania Hotel site becomes an open space across from Seventh Avenue and the other half becomes a building of some sort. 

Stephen Mormon – spoke on and the reason not to approve the permit for Madison Square Garden in its current location and that the opportunity exists to move the garden across Seventh Avenue.  He urged the board not to give permission for another 10-year permit but rather move the garden across the street to 7th Avenue between 32 and 34.

Julia Kirsten - Vice President and Project Executive at MTA Construction and Development -  spoke on behalf of Amtrak, MTA and New Jersey Transit. She  encouraged all stakeholders to consider the needs of not just the existing Penn Station but also the future of the station and the Planned Penn Reconstruction project. She emphasized that Penn Station is the largest transit center in North America with 600,000 daily users between three railroads even though the existing station, despite it being designed for just 200,000 daily passengers – resulting in extreme overcrowding and poor pedestrian circulation. She mentioned significant improvements like Moynihan train Hall and the new LIRR Concourse and stated that more work is needed to make Penn Station truly worthy of the New York Region. She stated that collaboration between MTA and MSG is critical in order to ensure that both Madison Square Garden and Penn Station can flourish in the years to come and thanked the Community Board for their consideration throughout this process and look forward to continued collaboration with all stakeholders.

Anita De Mateo – spoke as a senior citizen who is at risk of losing her home of over 40 years. She spoke of the present condition of Penn Station and asked for Madison Square Garden to be relocated. 

Ricky James – spoke of their internship at Two Penn Plaza in the 70s and  highlighted construction safety and concern for this new Madison Square Garden. 

Damiante Rod Heshwar – introduced themselves as an architect and urban planner and  a former Community Board 4 member from 2008 to 2012. They spoke of the public amenities that the area can access if Madison Square Garden is relocated. 

C.M. Pyle – spoke in support of other speakers' testimony to relocate Madison Square Garden and that its contract must be allowed to expire this year and MSG must be compelled to pay taxes to the city. 

Miriam Fisher – spoke about keeping Madison Square Garden where it is and quoted from the transcript of June 2021. She spoke of her concern about the cost and the change in terms of transportation and a shuttle bus  the potential distance of a new MSG location from the core of the activities and where it is now, believing that would encourage more driving and cabs and amidst efforts to reduce congestion. She also  stated that the benefits of moving MSG are primarily aesthetic. She stated her concerns for the $8 billion cost. 

Thomas La Madrid – spoke in support of moving Madison Square Garden to build a better transit center for New York’s future – supporting a reduction in traffic congestion, air pollution and addressing climate change. 

William Otterson – asked that Madison Square Garden be removed from atop Penn Station, to finally allow the elevation the station – making it an above ground, world-class through running station to allow for a far superior and efficient transit planning. He also spoke in favor of changes to include capacity increases within Penn Station's existing footprint. 

Joy Goldberg – spoke of her visit to Grand Central Station and spoke of the fusion of the beauty of the above ground station meshed with the underground station and stated that he only way to do this with Penn Station is to move Madison Square Garden. 

Charles – spoke in opposition to the Mrs. Maisel application before the Board. He also spoke of the cut in library funding and its impact.

 

Greg Miller – introduced himself as the Executive Director of the non-profit that produces Dance Parade for the past 17 years and spoke of a new route for the parade this year. 

Lisa Wager - Director of Government Community Relations at FIT – announced that the college just wrapped up their 17th annual two-day Sustainable Business and Design Conference, which was held in person this year, but also available virtually for the first time since 2019. She also announced that registration would be opened at the end of March for the summer sessions of FIT's pre-college program. 

Virginia Casellas – spoke as a member of the Church of Jesus Christ located on 66th Street and Columbus Avenue and volunteered members of the church who will love to be part of the community. 

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 1st Vice Chair Nicholas Athanail.

REPORTS OF ELECTED OFFICIALS/REPS 

Isaacs Andino – Councilmember Powers Office – announced free assistance with preparing tax returns for families and individuals. 

Assembly Member Alex Bores – gave updates on the budget. He then spoke on the Boards advocacy around a future vision for MSG and Penn Station. He spoke on a number of bills in the Assembly that he supports. He spoke of working on the State budget due each year on April 1st and that the key discussion is revolving around the criminal justice system and housing among and a few other issues. He announced that this past Monday April 10th marked his 100th day in office and he had two bills signed into law, one that passed the assembly, four others introduced as well as a lot of conversation with the constituents. He then went into details on some additional bills in the Assembly. 

Assembly Member Harvey Epstein – spoke on the state budget and also national issues including Texas Court decision around access to medication abortion and the decision yesterday from the Appellate Court. He stated that New York has been a leader on protecting abortion rights and has a bill to ensure that medication abortion is available on every CUNY campus across the state and he’s hoping that they can debate that bill on Monday. He then spoke on the housing plan to build more affordable housing. 

Olivia Glenn Raynor – Congressman Nadler’s Office – spoke about abortion and announced that the Congressman proudly led an amicus brief with Leader Jeffries to support the mifepristone access nationwide and the need to empower the FDA's experts to follow a rigorous approval process in this case. She spoke of other issues before Congress. She then announced that the Congressman’s office is really active with the community particularly on the east side about the 5G Towers. 

Laurie Harjowaroga – Councilmember Bottcher’s Office –spoke of the introduction of legislation to address the sanitation problems affecting the communities specifically the sidewalks in front of businesses. She then announced that the office is continuing to help enroll residents in the New York City Department of Finance rent freeze and homeowner tax exemption programs including senior citizen rent increase exemption and the disability rent increased exemption. She announced that three staff members from the Mayor's Public Engagement Unit will be in the district office at 224 West 30th Street the second Thursday of every month from 10:30 to 5. 

Ben Lowenstein – Assembly Member Simone’s Office –  spoke on a number of bills that Assemblymember Simone has authored or is supporting. He further announced that the community and its elected officials have long opposed a plan which called for several huge office towers related to the GPP at Penn Station and stated that Assembly Member Simone is ready to work with the Governor and his colleagues on a new plan that works for our community and delivers the transportation infrastructure upgrades that are desperately needed. 

Alex Marinidis – Senator Krueger’s Office – announced that Senator Krueger has released a statement on the recent Texas Judges ruling and invalidating the FDA decision. He then spoke on the budget and stated that Senator Kruger is disappointed that the legislature and the executive have not been able to come to an agreement on time. He announced that they held their first in-person constituent office hours for 2023 co-hosted with Assemblyman Bores's office. He also announced the final senior Roundtable to be held on Thursday May 11thon housing advocacy issues. 

Eric Strazza - Manhattan District Attorney Bragg’s Office – announced their 38th annual New York Crime Victims Candlelight vigil to be held on Sunday April 23rd from 2PM to 4 PM at the West End Collegiate church located on 245 West 77th Street. He then highlighted a recent discovery reform fact sheet that detailed all the key findings and things that affect the criminal justice system. 

Bianny Rodriguez - Councilmember Rivera’s Office – gave updates on upcoming events this Saturday for a street cleanup with the Sanitation Foundation around East 25th Street and also having a street care demonstration and kicking off of Earth Day with their street tree survey on Saturday. She also announced that in May the office will be having a small business financing webinar. 

Business Session

  

 

 

The March 2023 minutes passed with a vote as follows: IN FAVOR: 36  Achelis, Athanail, Beitchman, Blake, Borden, Brosnahan, Cedillo, Chou, Dowson, Ellington, Ford, Frewer, Garcia, Goshow, Haas, Harris Jr., Hershberg, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Spandorf, Spence, Sung, Xu, Yong. OPPOSED:  0 ABSTAIN: 0

1st Vice Chair Nicholas Athanail announced that one of CB5 board member Layla Law-Gisiko has been elected by Crains as one of the 10 most influential women in New York City and ask her to acknowledge her award. He then announced the preparation for Election of Officers in June and announced that Renee Kinsella, David Achelis, Todd Shapiro, Kathy Khang and Catherine Ellington will be members of the nominating committee. He further explained the procedure for anyone wanting to run for office and 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. 

He then stated that the bylaws require that in order for the Board Chair to be eligible to serve more than four consecutive terms there must be a recommendation of a majority of the members of the board and stated that in January Chair Barbero stated her intention to run for an additional term so a vote must be taken recommending for an additional term as chair. The vote passed as follows:  IN FAVOR: 36  Achelis, Athanail, Beitchman, Blake, Borden, Brosnahan, Cedillo, Chou, Dowson, Ellington, Ford, Frewer, Garcia, Goshow, Haas, Harris Jr., Hershberg, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Spandorf, Spence, Sung, Xu, Yong. OPPOSED:  0 ABSTAIN: 0

Committee reports 

Ms. Law-Gisiko gave presentations on the following bundled resolutions.

MADISON SQUARE GARDEN -  MSG Arena LLC application for a new special permit pursuant to ZR Section 74-41 in order to continue operations of the MADISON SQUARE GARDEN arena that is located in Community District 5, Manhattan. In conjunction with this application, the City is proposing a text amendment to the Section 74-41 arena special permit to update the findings

WHEREAS, MSG Arena, LLC (the “Applicant”), seeks a City Planning Commission (“CPC”) special permit pursuant to Section 74-41 of the New York City Zoning Resolution (the “Zoning Resolution” or “ZR”) to continue to allow an arena with a capacity in excess of 2,500 seats (the “Arena Special Permit”) to facilitate the use and operation of the Madison Square Garden arena (the “Arena”); and 

WHEREAS, This application is being made in conjunction with an application by the Department of City Planning (“DCP”) for a zoning text amendment to Section 74-41 to incorporate additional required findings for the Arena Special Permit; and

WHEREAS, The current Madison Square Garden Arena, opened in 1968, is the fourth of a line of facilities in New York since the late 1870s and is located directly above Penn Station, the country's busiest railroad hub; and

WHEREAS, The MSG Complex is located at 3–10 Penn Plaza (Block 781, Lot 9001) in the Borough of Manhattan, and the MSG Site is part of a single Zoning Lot with the rest of the properties on the block include the 2 Penn Plaza office building owned by Vornado Realty and a NJ Transit entrance to Penn Station at 380 Seventh Avenue; and

WHEREAS, An arena, auditorium, stadium or trade exposition with a capacity in excess of 2,500 seats is not permitted as-of-right within any zoning district and an arena is allowed by a special permit within certain zoning districts pursuant to Section 74-41 of the Zoning Resolution; and

WHEREAS, MSG Arena was the subject of a special permit approved by CPC on January 16, 1963, (CP-17682) and the Board of Estimate on January 24, 1963, (Cal. No. 215) for an arena with a capacity in excess of 2,500 seats, pursuant to Section 74-41 of the Zoning Resolution; and

WHEREAS, The CPC resolution approving the 1963 Special Permit established a maximum capacity of 22,000 seats for MSG and included a term limit of 50 years, and MSG Arena and 2 Penn were constructed in accordance with the 1963 Special Permit and were completed in 1968; and

WHEREAS, The construction of the MSG Complex was accomplished by the demolition of above–grade elements of Pennsylvania Station and the reconfiguration of the station levels below, including the insertion of new support columns; the demolition of the station, designed by McKim, Mead & White and opened in 1910, is considered one of the key precipitating factors in New York City’s adoption of a landmarks preservation law shortly thereafter; and

WHEREAS, In an effort to maintain financial solvency, PR sold the property's air rights in 1962. In exchange, the original Pennsylvania Station was to be demolished, a smaller underground train station would be constructed a no cost to PRR, and PR would receive a 25 percent stake in the new MSG arena, which would be constructed above the underground station. These plans resulted in the demolition of the station; The destruction of this iconic structure sparked a public outcry. Commenting on the destruction of Pennsylvania Station, The New York Times Editorial Board stated, "we will probably not be judged by the monuments we build but by those we have destroyed." Up until this time, there was a generally held belief that architecture was expendable, and that its loss would be more than justified by new development. However, the loss of the original Pennsylvania Station fueled the historical preservation movement in New York that fed to the creation of New York City's Landmarks Preservation Commission; and

WHEREAS, The grant of the 1963 Arena Special Permit was subject to a term of fifty years that expired on January 24, 2013, and to allow the continued use of the Arena beyond the initial fifty-year term, the applicant, MSG Holdings, sought a special permit in perpetuity; a new special permit pursuant to Section 74-41 (the “2013 Arena Special Permit”) was approved by CPC on May 22, 2013 (C 130139 ZSM), and approved by the City Council with modifications on July 24, 2013 (Res. No. 1888), for a term of 10 years; and 

WHEREAS, Because the 2013 Arena Special Permit will expire on July 24, 2023, and because it cannot be extended or renewed, a new Arena Special Permit pursuant to At. 74-41 is needed for the continued use and operation of the Arena; and

EXISTING CONDITION:

WHEREAS, MSG Arena is a sports and concert venue of international reputation, dubbed the world most famous arena, and hosts basketball and hockey games for the Knicks and the Rangers, as well as concerts and other large events such as bull riding, and political conventions; and

ZONING

WHEREAS, The area surrounding MSG Site is zoned primarily with commercial zoning districts; the C6-4 (HY) zoning district extends to the north and northwest and the C6- 6(MiD) zoning district extends to the east and northeast; the area to the south includes M1-5, M1-6, and M1-6D zoning districts, and the area to the immediate southwest is located within a C6-3X zoning district; critically, an area farther to the southwest, bounded by West 31st Street, Eighth Avenue, West 30th Street, and Ninth Avenue, is zoned as an R8B District; and

WHEREAS, The Site located on the western portion of the Zoning Lot, is occupied by the MSG Complex, designed by Charles Luckman and Associates and completed in 1968 and consists of a 12-story, precast concrete-clad cylindrical building with a diameter of approximately 425 feet, as well as a substantial portion of “Chase Square,” the pedestrian bridge that connects the cylindrical building to the Penn 2 office building; the westernmost portion of the building, fronting on Eighth Avenue, extends from the cylindrical massing as a roughly rectangular volume at Levels 1 through 5 to accommodate portions of the Theater at MSG (also referred to as the Hulu Theater), which has a maximum capacity of approximately 5,600 seats; and 

LAND USE

WHEREAS, The Site also contains at-grade open areas surrounding the MSG Complex. The open areas consist of designated pedestrian-accessible areas (portions of which constitute “plazas” under the plaza standards of the 1961 Zoning Resolution) and exterior loading areas for the Arena, the Theater at MSG, Penn 2, and Penn Station. The area between the MSG Complex and Penn 2 contains a midblock driveway connecting West 31st and West 33rd Streets The Midblock Driveway is owned by the Applicant and is subject to easements benefiting Amtrak, LIRR, NJ Transit, and Vornado Two Penn Property L.L.C. It was originally operated as a taxiway accommodating two-way vehicular traffic between such streets. It was later modified to provide one-way, northbound access through the Site. However, access to the Midblock Driveway has been limited to pedestrians and loading and service vehicles since September 11, 2001, for security reasons; and

PENN STATION

WHEREAS, The Zoning Lot encompasses above Penn Station, a 21-track railroad station served by Amtrak intercity trains, ten LIRR branches, and five NJ Transit lines. Penn Station also contains stations for the A, C, E, 1, 2, and 3 subway lines, as described below. The MTA’s Penn Station Access project, which has a projected completion date of 2027, would expand service to Penn Station; and

WHEREAS, MSG sits on top of Penn Station constraining opportunities to make significant improvements; over the years many plans have been developed to build a dramatically improved Penn Station and a great new MSG; and

WHEREAS, Penn Station was designed for a capacity of approximately 200,000 people but now has approximately 650,000 daily users and is woefully outdated; and

WHEREAS, In 2018, the NY State Legislature passed the Penn Station Act that notes that Penn Station is unsafe and needs to be upgraded and modernized, and currently, the MTA is conceiving a plan for Penn Station Reconstruction that would cost $7 Billion and would require transfer of ownership of the MSG taxi-Driveway, enclose the Chase-Box passageway and create a glass atrium with new entrances to Penn Station from 31st and 33rd streets; and 

WHEREAS, The columns supporting the Garden are a major hindrance to upgrading or expanding tracks and platforms, Structures in the station area between 33rd and 31st Streets and Seventh and Eighth Avenues currently depend on 1162 columns. An efficient structure should need only a quarter of that number, as noted in a report by THE PENN STATION PLANNING STUDIO, University of Pennsylvania School of Design in May 2013; and 

WHEREAS, Penn Station is unsafe and does not meet NFPA(National Fire Prevention Association) code for safety. NFPA sets fire safety code for public structures, including transportation venues such as train stations. As noted in the Neighborhood Condition Study prepared for the General Project Plan for the Empire Station Complex, “Passenger overcrowding within Penn Station poses significant safety issues. Platform egress times do not meet governing evacuation criteria, as specified in NFPA 130, due to an insufficient number of vertical circulation elements. (VCEs), such as stairs, escalators, and elevators. This results in passenger congestion even during normal operations. The only platforms that comply with the maximum four-minute time to clear the platforms called for under NFPA Section 5.5.6.1 are Platforms 9 and 10. All other platforms require additional VCEs to evacuate occupants in four minutes or less.”; and 

WHEREAS, Upgrades and improvements to platforms and concourses are extremely constrained due to columns and other structural elements that support MSG Arena that encumber platforms; and 

WHEREAS, MSG Arena greatly limits ceiling height and access to air and light into the concourses of Penn Station and may hinder evacuation and ability to extract smoke in case of a fire; and

LOADING

WHEREAS, The MSG Complex is the busiest arena in the country, with approximately 400 annual events, and the longest active sports facility in New York City; the MSG Arena is the official home of two professional sports teams, the Knicks men’s basketball team and the Rangers hockey team, and hosts a variety of other major events serving a diverse community of patrons; and

WHEREAS, Since the MSG Complex was first developed, standards for arena loading have changed. Semi-trailers have increased in size, As a result of these changes, semi-trailers are unable to access the Arena’s internal loading facilities today. Most trucks are too tall to clear the 12-foot-6-inch height restriction at the loading entrance, and trucks that are less than 12 feet 6 inches tall but exceed 26 feet in length are unable to negotiate the slope and width of the ramp leading to the Level 1 loading area. For these reasons, semi-trailers carrying equipment for Arena events are loaded and unloaded outside using staging area and public right-of-way; and 

WHEREAS, An average of approximately 235 events per year were scheduled at the Arena from 2017 through 2019. Concerts and shows have grown steadily in number and dramatically in complexity since the opening of the Arena in 1968, with greater requirements for custom lighting, sound and stage setup and, correspondingly, increased truck volumes. From 2017 through 2019, concert events at the Arena required an average of approximately nine to ten trucks, with some shows requiring 20 or more.; and 

WHEREAS, Concerts and special events that involve more than four to six semi-trailers or TV broadcast trucks may also require the use of adjacent streets to load, unload, and/or stage vehicles. For these events, the Applicant obtains a permit from the Mayor’s Office of Film, Theatre and Broadcasting to allow trucks to temporarily park and/or stage along specific segments of neighboring streets; and 

PROPOSED APPLICATION

WHEREAS, The Applicant is seeking an arena special permit for continued use and operation of MSG Arena on the site in perpetuity; and 

WHEREAS, For the Special Permit to be issued, all findings contained in Art 74-41 must be made, including findings under Zoning Text Amendment filed in conjunction with MSG Arena Special Permit; and 

WHEREAS, The Applicant is proposing the Replacement of the open areas’ walking surface with high-quality decorative pavers and pigmented concrete, High-quality planter benches that beautify and facilitate public use of the Site’s public spaces without impeding pedestrian traffic, new design elements to beautify and activate portions of the MSG Complex’s exterior walls. A designated bicycle parking area with 40 bicycle racks (sufficient to accommodate up to 40 bicycles); and 

PENN-MSG HISTORY

MSG / Penn Station History Since 1968 

WHEREAS, In 1986, MSG owners proposed a plan to move the arena and to build a new one on the rail yards to the west. The Penn Station block would have been redeveloped with two large office towers, coupled with at–grade improvements providing better access to the station below; and

WHEREAS, In 2003 and 2004, as part of plans for the West Side Multi–Use Facility for the Olympics and the New York Jets, MSG considered possible participation in the facility with movable seating adaptable to the arena use. Later, MSG decided against the move; and

WHEREAS, Around 2007, MSG began working with the Railroads and private developers on a plan to locate a new arena in the back end of the Farley Post Office building along Ninth Avenue as part of an expanded Moynihan Station project; and

WHEREAS, This history shows that MSG has considered moving multiple times, even as it demonstrates that a relocation project is difficult to undertake. Relocation would require significant financing and a series of public approvals; most importantly, of course, relocation requires a large, two–block–wide superblock site, something which is exceedingly rare in Midtown; and

CPC 2013 FINDINGS AND CONSIDERATIONS

WHEREAS, In 2013, many considerations were given to the MSG Arena special permit, the CPC issued a special permit for 15 years and noted that MSG Arena is currently not compatible with Penn Station, and further noted that along with the issuance of a 15 year term special permit, MSG Holding, along with MTA, AMTRAK, NJT, NYC DOT, NYC DCP and elected partners, had an obligation to work together to find a permanent solution to cure the area of its challenges and permit Penn Station necessary improvements; and

WHEREAS, CPC recognized that while a permanent solution leaving MSG Arena in place was a possibility, it was an unlikely one and MSG Arena relocation would be the more preferred alternative to create both a 21st century train hub and a 21st century arena; and 

WHEREAS, City Council determined that the CPC-approved special permit needed to be modified to limit the term to 10 years and also struck out various steps and conditions required by CPC, leaving all parties to not work towards a permanent solution; and 

WHEREAS, CPC noted “The Commission believes this application raises a series of fundamental planning and land use issues for the City given the location of the MSG Complex – directly above Penn Station – the most important rail facility in the region and a facility that is vital to the economic success of the Midtown business district; and

WHEREAS, However, the Commission believes the unresolved relationship between these two major uses represents one of the most critical planning problems of the City and region and its resolution will be necessary to facilitate the long–term growth of Midtown and, therefore, the continued vitality of the City’s overall economy; and

WHEREAS, CPC carefully evaluated issuing a term-limited special permit and concluded it was adequate and necessary; and 

MSG Site Plan Issues because of loading, Penn Station Issues 

WHEREAS, Penn Station itself faces a number of challenges, which generally fall into two related categories: tracks and station capacity constraints; the 11 platforms serving the 21 tracks of the station are severely overcrowded at peak hours, are considered far too narrow given current planning standards, and have few vertical access points to upper levels of the station and as a whole, these deficiencies in the station result not only in severe operational challenges for the Railroads, but also pose safety issues for the traveling public; and 

WHEREAS, The relationship between MSG and the problems of Penn Station underscored above can be generally described as a situation in which Penn Station is sandwiched between tracks below and the MSG Complex above, with no room to grow; and

WHEREAS, In 2013, the Commission strongly believed that the City, State and Federal governments should work jointly with MSG and the Railroads to develop a comprehensive relocation and funding plan to both rebuild a new arena on another site and fully redevelop Penn Station, as relocating the MSG Arena to another site could provide substantial benefits for Penn Station, as well as for MSG itself; and

WHEREAS, Most importantly, 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; and

 

CURRENT PLANNING EFFORTS

WHEREAS, There are currently five major planning efforts related to Penn Station: 

1- The Moynihan Train Hall project to relocate Amtrak operations to the Farley Post Office building is mostly completed.

2- The Gateway Commission, part of PANYNJ initial planning work on the Trans-Hudson Tunnels which would include two new tunnels under the Hudson River and refurbishment of existing tunnels with completion date of 2035, budget $16 billion. 

3- The Empire Station Complex General Project Plan, led by ESD, introduced in 2020 and currently on hold due to market conditions, with a completion date of 2038 in best case scenario and potential 75 years construction timeline. Budget not available. 

4- Penn Station Reconstruction aka Penn Master Plan, led by MTA, in early design phase with a design contract approved but not commenced. Budget $7 billion.

5- Penn Station Expansion, proposing to add 6 to 9 tracks to the south of Penn Station. Completion date 2042, Budget $12 billion.

PUBLIC REVIEW CB5

WHEREAS, the special permit and the zoning text amendment were certified by CPC on Jan 12, 2023; and

WHEREAS, CB5 LUHZ Committee held two public hearings on 2/22, and 3/8, and one public meeting on 3/22, with a total of 88 speakers, 26 in favor, 59 opposed, including MTA, Municipal Art Society, Regional Plan Association, ReThink Penn Station, Save Chelsea, Chelsea Consortium of Block Associations, London Terrace Tenants Association among others; and 

WHEREAS, Numerous speakers who spoke in favor of MSG were recipients of a Garden of Dreams Foundation grants, a philanthropic organization fully funded by MSG, and MSG indicated that the Foundation would continue to operate regardless of MSG Arena’s location; and 

WHEREAS, MSG stated on 2/22/2023 at a LUHZ committee public meeting and hearing that a site to the east of 7th Avenue would be an acceptable site for MSG relocation, and also stated at subsequent meetings that MSG did not wish, nor was contemplating to relocate; and 

WHEREAS, CB5 evaluated in-depth numerous aspects of the special permit application, including all aspects related to findings pursuant to art 74-41 and specifically loading, public realm, impact to Penn station, compatibility with Penn station, proposed improvements, 

WHEREAS, CB5 finds that MSG does not meet the findings introduced in the ZT amendment, and 

PUBLIC REALM

WHEREAS, CB5 finds that MSG will overburden the public realm, and finds its proposed improvements to be underwhelming, inadequate, including benches and planters would obstruct the public plazas and impede pedestrian traffic; the pavers improvements are very modest and do not reflect the civic purpose and significance of the area; and 

WHEREAS, CB5 encourages DCP to work with MSG to create an ambitious public realm scheme for the time the venue will stay at its current location, that include positive activation of the plazas, high quality public realm design, and improved wayfinding; and

WHEREAS, The bike storage proposed is too modest and should include locked secure storage and more than 40 bike storage; and 

LOADING

WHEREAS, CB5 finds that loading will unduly interfere with the use of public spaces; interfere with transit facilities; interrupt the flow of pedestrian traffic in the pedestrian circulation network; or interfere with the efficient functioning of adjacent #streets# including for the staging or queuing of vehicles for loading or for security checks; and 

WHEREAS, CB5 finds the proposed loading plan submitted by MSG to be grossly inadequate and not respectful of the needs of commuters, pedestrians, neighbors and other users of the public right-of-way; and

WHEREAS, Until a permanent acceptable solution is found for MSG, trucks parked in public right-of-way shall be charged a steep parking fee that reflects the burden to the area and the area’s needs to capital improvements; the parking fee should be commensurate with the onerous loading operation, and the fees collected shall be directed to either a public realm improvement fund, or a fund dedicated to Penn Station reconstruction, or other capital improvements at the site; and 

WHEREAS, CB5 notes that the loading operations at the Theater at MSG (aka Hulu Theater) is not part of the special permit application, is not mitigated by the proposed loading plan and would continue to overburden the area by creating congestion and unsafe conditions, and such loading shall also be subjected to a parking fee for the use of public right-of-way; and 

COMPATIBILITY

WHEREAS, CB5 finds that MSG is has become inconsistent and incompatible with the existing transit facilities on or adjacent to the zoning lot, and with proposed improvements to such transit facilities by the affected rail agencies; and 

WHEREAS, MSG has stated at multiple committee meetings of CB5 that it will fully cooperate with MTA and Amtrak, and it is critical that MSG makes a tangible, enforceable commitment to MTA and AMTRAK, to address both existing conditions such as waterproofing and water infiltration, as well as future improvements such as MTA reconstruction of Penn Station, transfer of property and easements and to permit urgently needed upgrades to Penn Station, including HVAC, new Vertical Circulation Elements (VCE), platform engorgements; and 

WHEREAS, CB5 notes that MSG admitted at a committee meeting of CB5 that a site east of 7th Avenue may satisfy MSG for a new location, and notes that existing relocation sites will become rarer as time goes by and Midtown gets fully developed and therefore the time is now; and 

WHEREAS, CB5 believes that for MSG, a new site could provide a modern, more generously– sized event space and relief from some of the operating constraints at the current site; and

WHEREAS, CB5 notes that under the current application, a restrictive declaration would be issued in conjunction with the issuance of a special permit and is concerned that this restrictive declaration may be too vague and too hard to enforce to effectuate necessary changes to upgrade Penn Station; and 

WHEREAS, CB5 notes that relocation of MSG Arena is preferred alternative to properly and perennially upgrade Penn Station and to give it a dignified above grade presence consistent with its place as the largest transit hub in the western hemisphere; and

WHEREAS, MSG has stated at multiple committee meetings of CB5 that it will fully cooperate with MTA and Amtrak, and it is critical that MSG makes a tangible, enforceable commitment to MTA and AMTRAK, to address both existing conditions such as waterproofing and water infiltration, as well as future improvements such as MTA reconstruction of Penn Station, transfer of property and easements and to permit urgently needed upgrades to Penn Station, including HVAC, new Vertical Circulation Elements (VCE), platform engorgements; and 

WHEREAS, MSG must contribute financially to improvements made to Penn Station that will benefit the arena, including but not limited to loading area reconstruction and broadcast facilities; and 

WHEREAS, CB5 notes that MSG admitted at a committee meeting of CB5 that a site east of 7th Avenue may satisfy MSG for a new location, and notes that existing relocation sites will become rarer as time goes by and Midtown gets fully developed and therefore the time is now; and

MISC WHEREAS,

WHEREAS, While not connected to the Special Permit application, CB5 notes that MSG is the beneficiary of a full tax exemption since 1982 and CB5 is on record since 2013 asking for repeal of tax exemption and notes that according to IBO tax exemption the exemption cost $42 million last year in foregone revenue, and amounts to over $750 million in foregone revenue in the lifetime of the tax exemption; and 

WHEREAS, Legislation is pending in the State legislature to repeal MSG tax exemption and CB5 supports such legislation; and 

WHEREAS, While not connected to the Special Permit application, CB5 notes that MSG uses facial recognition technology to discriminate against patrons based on their involvement with law firms undertaking litigation against MSG and its subsidiaries (although those patrons are not involved themselves in litigation), and numerous employees of law firms involved in litigation against MSG have been barred from entering the venue; and 

WHEREAS, There is legislation pending in the State legislature to prohibit the use of facial recognition to discriminate against patrons and CB5 supports such legislation; and 

CONCLUSION

WHEREAS, CB5 finds that MSG Arena does not meet any of the findings of the zoning text amendment, and consistent with CB5’s position of 2013, finds that the preferred alternative to address the numerous issues at and around Penn Station require the arena to relocate; and 

WHEREAS, There may be realistic sites elsewhere in Manhattan and especially in CB5 and a good faith effort by all parties, including the applicant themselves, the other majority property owners, the railroad operators, elected officials at the city, state and federal level, must be made now to find an adequate, sustainable and permanent solution; and 

WHEREAS, CB5 is extremely concerned that issuance of a permit for a middle to long term will not accomplish a permanent solution but only delay any tangible action; and 

WHEREAS, CB5 recognizes that issuance of a 10-year permit in 2013 did not accomplish the stated goal to “give ourselves time” to develop a permanent plan and urges all parties to not repeat this mistake; and

WHEREAS, CB5 is strongly opposed to issuance of a permit in perpetuity; Therefore, be it 

RESOLVED, Community Board Five recommends denial of a special permit pursuant to art. 74-41 for MSG Arena unless MSG Holding agrees to pursue a permanent sustainable solution, including relocation, and unless the length of the special permit is restricted to a 3-year period; and further be it

RESOLVED, CB5 recommends that a relocation plan that includes a full funding scheme be designed and implemented for such permanent solution and urges all partners to create a binding working group that must provide regular updates (at least once/year), as well as a full review of the conditions and progress at year-2, and reports to elected officials, relevant agencies and the community board on progress being made; and further be it

RESOLVED, CB5 recommends the following improvements be made in the interim: 

PUBLIC REALM: public bathroom in the plaza, positive activation of the plaza with ambitious public realm design and concepts, wayfinding improvements, bike storage exceeding 20 bikes and locked bike storage,

LOADING: Keep all tractor trailers, busses and broadcast vehicles off public right-of-way, including vehicles for Hulu Theater, or when vehicles are parked in street or on sidewalk, establish a parking fee structure commensurate with the burden placed on our blocks, 

RESOLVED, CB5 believes a full relocation of MSG Arena is in the best interest of both Penn Station and MSG corporation; and must be the preferred alternative; and further be it

RESOLVED, CB5 urges the full repeal of the real estate tax exemption; and further be it

RESOLVED, CB5 urges the state legislature and city council to adopt legislation banning the use of facial recognition to discriminate against patrons.

1345 Avenue of the Americas, located at 1345 Avenue of the Americas between 54-55th streets. Modification of special permit for Privately Owned Public Spaces (POPS). Re-certification and expansion of outdoor café seating.

WHEREAS, 1345 Avenue of the Americas, located at 1345 Avenue of the Americas between West 54th and West 55th Streets seeks modifications to a Special Permit for the re-certifications of an existing public Plaza and for the expansion of existing open air café in the Plaza; and

WHEREAS, The site of 1345 Avenue of the Americas is located at 1345 Avenue of the Americas, between West 54th Street and West 55th Street between 6th and 7th Avenues, which is tax lot 29 of Block 1007; and

WHEREAS, 1345 Avenue of the Americas was constructed in 1968 on a 90,364 sf zoning lot, pursuant to a City Planning Commission (“CPC”) special permit (CP-19615) granting height and setback waivers; and that special permit allowed 1345 to rise on the narrow street frontages without setbacks; and

WHEREAS, At the time of construction, the entire Premises were zoned C6-6, with a base floor area ratio (“FAR”) of 15.0, bonusable to 18.0 with a plaza bonus, and the Premises were developed at 18.0 FAR utilizing the plaza bonus; and

WHEREAS, The Special Midtown District (MiD) (C 820214 ZMM) was enacted and encompasses the area between Third and Eighth Avenues, 31st Street and 61st Street, and imposed a FAR differential between avenues and wide streets and midblocks, with higher FARs allowed along the avenues and wide streets; and

WHEREAS, In conjunction with the adoption of the MiD in 1982 (C 8202214 ZMM), 1345 Avenue of the Americas was split into two zoning districts: C6-6 (15.0-18.0 FAR) along Avenue of the Americas; and C6-6.5 (12.0 FAR) in the midblock, rendering the building non-compliant as to floor area; and

WHEREAS, The project area includes both 1345 Avenue of the Americas and the three-story Ziegfeld Theater, the wrap-around Plaza and below-grade parking with a total floor area developed of approximately 1.57 million sf in 1345 Avenue of the Americas, and 25,000 sf in the Ziegfeld Theater; and

WHEREAS, 1345 Avenue of the Americas is surrounded by a single, wrap-around plaza on all four sides: a 4,182.3 sf portion along West 55th Street (the “North Plaza”); a 10,783.5 sf portion along Avenue of the Americas (the “East Plaza”); a 4,173.7 sf portion along West 54th Street (the “South Plaza”); and a 9,678.5 sf portion extending through-block from West 54th Street to West 55th Street (the “West Plaza,” also known as Fisher Park); and 

WHEREAS, From 1990 until recently, an open-air café was located in the westerly portion of the North Plaza. Six café certifications were issued pursuant to Section 37-624 or Section 37-73: (i) N 900564 ZCM in 1990; (ii) N 960555 ZCM in 1996; (iii) N 990613 ZCM in 1999; (iv) N 020693 ZCM in 2002; (v) N 060024 ZCM in 2005; and (vi) N 190096 ZCM in 2013. The 2013 certification expired in January of 2022; and

WHEREAS, In 2018, two Chairperson’s certifications were approved for the Premises: a certification pursuant to Section 81-231(e) to eliminate an existing open area for which a floor area bonus had not been utilized (N 190086 ZCM, December 13, 2018); and a certification pursuant to Section 37-625 for plaza design changes (N 190082 ZCM, December 13, 2018); and in 2019, another Chairperson’s certification was granted pursuant to Section 37-73 for an open-air café (N 020693 ZCM, March 11, 2019), subject to an expiration date of January 30, 2022; and 

WHEREAS, In 2019 and 2020, the Plaza was renovated and reopened in 2021; and

WHEREAS, On June 27, 2020, Emergency Executive Order No. 128 (“EEO 128”) permitted certain temporary uses within POPS throughout the City to provide relief for food and beverage establishments and allow temporary facilities related to COVID screening and testing; EEO 128 expired one year and four days later, on July 1, 2021; the Applicant interpreted EEO 128 as suspending the expiration date of the 2002 café certification from January 30, 2022 to February 3, 2023, but the Department of City Planning did not agree with this interpretation and therefore, the 2002 certification expired on January 30, 2022; and 

WHEREAS, The applicant seeks to enlarge the outdoor restaurant seating in the previously occupied northern portion of the Plaza the North Plaza (W. 55th Street) to consists of three sections corresponding to tenant spaces on the ground floor of 1345: “Café Area 1,” to the far west is approximately 427 sf with 12 tables and 30 chairs; “Café Area 2,” the middle section is approximately 382 sf with 12 tables and 30 chairs; and “Café Area 3,” to the far east is approximately 427 sf with 13 tables and 32 chairs; and

WHEREAS, The Open-Air Cafés total 1,236 sf (4.3% of the area of the Plaza) and has a total seating capacity of 92 and has aggregate frontage along W. 55th Street is 72’-9”, which is less than the maximum 108’-4” permitted; and

WHEREAS, In addition to the enlarged Open-Air Cafés, public (non-café) seating areas will continue to be provided in the West Plaza and to the west of Café Area 1, a cluster of public seating will provide 8 movable tables and 16 movable chairs east of Café Area 3; and

WHEREAS, The area already contains one large planter with perimeter bench seating along its circumference; a back-to-back fixed bench for public use is situated between proposed Café Areas 2 and Café Area 3; and the northern portion of the West Plaza provides 4 movable tables and 8 chairs; and

WHEREAS, The current restaurants adjacent to the proposed expanded Café Areas are “Wagamama,” at 100 West 55th Street and “Quality Bistro,” at 120 West 55th Street; and

WHEREAS, The restrooms provided at both restaurants are privately located and not available for public use; and

WHEREAS, Numerous noise complaints have been filed with 311 and CB5 regarding loud, amplified music over the summer and fall of 2022 from residents of the West 55th Street block; and

WHEREAS, Representatives for the owners of 1345 Avenue of the Americas stated the owners are not amenable to usage of the “Café Area” tables for the general public when not in use by restaurant customers, or signage encouraging such usage; and

WHEREAS, Representative for the owners of 1345 Avenue of the Americas could not give specific clearance distance between the proposed seating areas, the trees on surrounding sidewalks and the outdoor dining shed, which occupies the entire length of the proposed outdoor dining expansion; and

WHEREAS, the dining shed is separated from the curb by a heavily used bike lane, rendering any traffic between the restaurant, the open air café, and the shed very congested and potentially dangerous; and

WHEREAS, Representative for the owners of 1345 Avenue of the Americas were not aware of the noise complaints and did not agree to concrete mitigation steps that may be included in the lease; and

WHEREAS, Community Board Five has long been frustrated by non-compliance issues in multiple POPS throughout our district; and

WHEREAS, Community Board Five does not generally support applications for expanded private seating, which does not allow public members to utilize such seating when unoccupied by restaurant customers, therefore be it 

RESOLVED, Community Board Five recommends denial of the application for a Chairperson’s certification under Section 37-73 to expand outdoor seating at the 1345 Avenue of the Americas POPS.

Department of City Planning Zoning Text Amendment 74-41 in relation to Madison Square Garden Special Permit

    

WHEREAS, The New York City Department of City Planning (DCP) (the “Applicant”), is proposing a zoning text amendment (the “Zoning Text Amendment”) to Section 74‐41 (Arenas, Auditoriums, Stadiums, or Trade Expositions) of the New York City Zoning Resolution (the "Zoning Resolution" or "ZR") to incorporate additional required findings for a City Planning Commission (CPC) special permit to allow an arena with a capacity in excess of 2,500 seats (the “Arena Special Permit”); and 

WHEREAS, In a separate application, MSG Arena, LLC is applying for the Arena Special Permit pursuant to the amended ZR Section 74-41 to facilitate the continued use and operation of the Madison Square Garden (MSG) arena (the “Arena”).

WHERES, The Affected Area, to which the Zoning Text Amendment applies, is located in a high density commercial C6-4 zoning district, within Subarea B4 of the Special Hudson Yards District and consists of Subarea B4 of the Special Hudson Yards District; and

WHEREAS, The Arena Site is occupied by the MSG Complex, which consists of a 12-story, precast concrete-clad cylindrical building containing the Arena, a theater (“the Theater at MSG” or “Theater”), a restaurant, and “Chase Square,” a pedestrian bridge located approximately midway between Seventh and Eighth Avenues over the former taxiway that connects West 31st and West 33rd Street that connects the Arena to the Two Penn Plaza building; and

WHEREAS, DCP is proposing a Zoning Text Amendment to Section 74-41 to incorporate additional required findings applicable to the Arena Special Permit, pertaining to the suitability of open areas on the Arena Site, public access to the Arena Site, and the proposed loading operations for the Arena.

WHEREAS, DCP’s proposed Zoning Text Amendment to ZR Section 74- 41 (Arenas, Auditoriums, Stadiums, or Trade Expositions) incorporates the following additional required findings for the Arena Special Permit:

  1. Public spaces of appropriate proportions and quality design are provided around the arena in a manner that is commensurate with the civic importance of the site; 
  2. Such public spaces will facilitate public use and pedestrian flow 
  3. Entrances and exits to the arena and to the adjacent open areas are located and designed to facilitate public use and circulation on the zoning lot 
  4. The proposed loading for the arena will not unduly interfere with the use of public spaces; interfere with transit facilities; interrupt the flow of pedestrian traffic in the pedestrian circulation network; or interfere with the efficient functioning of adjacent streets including for the staging or queuing of vehicles for loading or for security checks 
  5. The arena shall be appropriately consistent and compatible with existing transit facilities on or adjacent to the zoning lot, and with proposed improvements to such transit facilities by the affected transit agencies. 

WHEREAS, The proposed Zoning Text amendment would create a relevant set of new criteria to evaluate MSG Arena’s capacity appropriateness and mitigate MSG Arena’s impact to Penn Station, the busiest transit hub in the western hemisphere with over 600,000 passengers daily as well as its surroundings; and 

WHEREAS, While the original zoning text article focused largely on vehicular traffic concerns, the amendment rightfully prioritizes pedestrian experience, public realm, micro-mobility and Penn Station users; and 

WHEREAS, It is deemed essential to prioritize the criteria of consistency and compatibility of the arena with the transit hub as the cornerstone of the amendment and ensure that it remains perennial; and

WHEREAS, As the heart of the North East Corridor and one of the most critical pieces of infrastructure in the nation, it cannot be overstated that Penn Station's operational and physical capacity, along with its need for major upgrades, must be given the highest priority; and

WHEREAS, The zoning text amendment must make sure that the arena’s operations which it seeks to permit are compatible at the time of permit review but also remain perennially compliant with the zoning text; and 

WHEREAS, The application by MSG for a special permit to continue operating the arena with a capacity exceeding 2500 people concurs with a plan to record a Restrictive Declaration wherein MSG or its parent company will commit to adhering to specific conditions, particularly in supporting the reconstruction of Penn Station; and

WHEREAS, A Restrictive Declaration must be a requirement of the Zoning Resolution and must be added to the language of the amendment; and 

WHEREAS, The language of the Restrictive Declaration is not known at this time; and 

WHEREAS, There is concern that the Restrictive Declaration will not be sufficient to permanently prioritize Penn Station and compel mitigation of negative impacts during the lifetime of the venue; therefore, be it

RESOLVED, That Community Board Five recommends approval of the proposed zoning text amendment and applauds the DCP for thoughtfully addressing a major land use and zoning issue of Midtown Manhattan, and prioritizing public realm, pedestrian usage and micro-mobility; and be it further

RESOLVED, That CB5 recommends that the amendment considers binding language compelling MSG Arena to committing to certain conditions and actions necessary to the upgrades and operations of Penn Station by current and future railroad operators, including transfer of ownership and easements.

After much discussion, the above bundled resolutions passed with a vote of 35 in favor, 0 opposed, 1 abstained, 0 present not entitled to vote: IN FAVOR: Achelis, Athanail, Beitchman, Blake, Borden, Brosnahan, Cedillo, Chou, Dowson, Ellington, Ford, Frewer, Garcia, Goshow, Haas, Harris Jr., Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Levy, Law-Gisiko, Maffia, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Spence, Spandorf, Webb, Xu, Yong. ABSTAIN: Hershberg.

Mr. Slutzkin gave a brief presentation on the following resolution:

Applications from Bryant Park Corporation for programming and annual special events for Spring and Summer 2023

WHEREAS, Bryant Park Corporation has submitted applications for programming and annual special events for Spring and Summer 2023, consisting of the following activities and events:

WHEREAS, Unless noted above, all events and activities are repeat occurrences from past years; and

WHEREAS, All events are free of charge and open to the public; and

WHEREAS, There is a long-standing precedent for these events in Bryant Park; and Community Board Five has found a significant amount of support for these events from residents and stakeholders in the community; and

WHEREAS, Bryant Park Corporation has agreed that when presenting future applications, they will clearly state whether or not these events are occurring concurrently with previously approved special events, and that if there are any material changes in any events from previous years, Bryant Park Corporation has agreed to return and present these changes to Community Board Five; and

WHEREAS, These applications are understood to be comprised only of the seasonal events and activities described above, with any commercial event applications to come before Community Board Five separately; therefore, be it

RESOLVED, Community Board Five recommends approval of the applications from Bryant Park Corporation for programming and annual special events for Spring and Summer 2023

Applications from Union Square Partnership for their 2023 Roster of Programming

WHEREAS, The Union Square Partnership (“Applicant”) is a neighborhood BID and a community-based organization working to ensure the best possible neighborhood for its residents, businesses and visitors; and

WHEREAS, Applicant is a non-profit 501(c)3 organization that works to provide the Union Square district's continued growth; and,

WHEREAS, Applicant has submitted applications for their roster of annual programming for 2023, comprised of:

WHEREAS, All events are free and open to the public; and

WHEREAS, There is a long-standing precedent for these events in Union Square Park, with support from surrounding stakeholders; and

WHEREAS, Applicant has agreed to provide Community Board Five with all information and renderings of any sponsorship of any events, and that when presenting future event applications, that they will clearly state whether those events are occurring concurrently with previously approved special events; and

WHEREAS, If there are any material changes in the event from previous years, i.e. signage, set-up, scale, location, and/or ancillary activities, Applicant has agreed to return and present these changes to Community Board Five; and,

WHEREAS, Applicant’s programs include sanitation, public safety, economic development and marketing services, and investment in the beautification and maintenance of Union Square Park, a crown jewel of the district; and

WHEREAS, Applicant has an impeccable record of reliable and clear presentations to the public and execution of their events; and

WHEREAS, Applicant has shown diligence in applying recommendations and suggestions from Community Board Five; therefore, be it

RESOLVED, Community Board Five recommends approval of the applications from Union Square Partnership for their 2023 Roster of Programming. IN FAVOR: 33 Achelis, Athanail, Beitchman, Borden, Brosnahan, Cedillo, Chou, Dowson, Ellington, Ford, Frewer, Garcia, Goshow, Haas, Harris Jr., Hershberg, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Levy, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Spandorf, Sung, Xu, Yong. OPPOSED:  0 ABSTAIN: 0

Application from SWP (Stuart Weissman Productions) on behalf of Amazon Prime as its sponsor for “Marvelous Mrs. Maisel Season 5 Launch Event”, a Promotional Event to be staged along 5th Avenue from 46th Street to 56th Street on April 14th, 2023

WHEREAS, SWP (“Applicant”) has proposed a marketing event “The Marvelous Mrs. Maisel Season 5 Launch Event” (the “Event”) that will consist of a promotional and marketing effort for the 5th Season of the television show to be held along 5th Avenue from 46th Street to 56th Street on April 14, 2023; and

WHEREAS, the Event will consist of installing a 5 foot wide pink outdoor all-weather carpet on both sides of 5th Avenue from 46th Street to 56th Street (designated “the Marvelous Mile” per the television show) with signage and instructions directing and enticing interested participants and pedestrians to arrive in the vicinity of the main entrance of Saks Fifth Avenue (49th Street and 50th Street); and

WHEREAS, This will also include special pink carpeting on the sidewalks of 5th Avenue and 49th and 50th Streets adjacent to Saks Fifth Avenue, and having branded vintage vehicles in the parking lanes of 50th and 49th Streets; and

WHEREAS, Production parking would be on East 56th Street and East 55th Street between Madison and Fifth Avenues; and

WHEREAS, The Applicant anticipates up to 60 people will be working the Event; and

WHEREAS, Along the so-called “Marvelous Mile”, there will be Amazon Prime Video branded NYC street pole banners, (5) manned 10’ x 10’ photo backdrops as “photo-ops” spread along the route that will allow pedestrians who want to participate to have their pictures taken or to take pictures on their own; and

WHEREAS, The photo-op stations will be placed in areas where the sidewalk is the widest, so as not to block buildings, doors, or interfere with pedestrian traffic; and

WHEREAS, There will be signage and staff along the route to inform passersby of what is happening, and

WHEREAS, The Applicant has indicated that no unauthorized use of digital photography or video of Event participants for the purpose of social media will be used, without express consent, written or otherwise during the Event; and

WHEREAS, A focal point of the Event will be in front of the Saks Fifth Avenue store, where there will be Mrs. Maisel costume displays in the store’s front windows with staff dressed in period costumes along with short musical and dance numbers performed on the sidewalk, and giveaways and sampling of branded items, as well as displays within the store; and

WHEREAS, There will be musical and dance numbers of a three minute duration in front of Saks Fifth Avenue as well as a four antique cars parked in front of the store as part of the exhibition; and

WHEREAS, The dance performances will take place roughly on the hour running from 12PM thru 6 PM, with the Event ending at 7PM; and

WHEREAS, Amplified sound in the form of small speakers on stands adjacent to the Sacks Fifth Avenue entrance will be deployed where the dance numbers will take place, and for a potential Mayoral press conference, with the speakers sound levels set to allow it to carry only to the area within a short distance of the Saks entrance and performance area encompassing the sidewalk in front of the store, and

WHEREAS, the Event will have a setup starting at 10 PM on Thursday, April 13th, with completion by 7 AM on Friday, April 14th, at which time the Event will begin; and

WHEREAS, the Applicant agreed to maintain sanitation and cleanup crews suitable to an event; and

WHEREAS, the Applicant agreed to provide sufficient ADA access along entire footprint of the Event, and agreed to work with the NYPD to develop an appropriate security plan; and

WHEREAS, Both the Applicant and representatives from the Street Activities Permit Office (“SAPO”) present at the heading stated that the Event would lead to substantial additional commercial pedestrian traffic is expected to help merchants along Fifth Avenue, and 

WHEREAS, Representatives from SAPO noted that insurance would be the responsibility of the Applicant and not merchants along Fifth Avenue; and 

WHEREAS, In response to concerns by members of CB5 about the appropriateness of this Event in this neighborhood, representatives from SAPO noted that this was a specific instance where the neighborhood was particularly relevant to an event, and in the future, the relevance of a neighborhood would be a factor for the permitting process; and.

WHEREAS, Community Board Five did receive feedback from the Fifth Avenue Partnership BID expressing serious concerns to the Event based on footprint, full day duration, liability concerns and use of public sidewalks for a commercial event, and

WHEREAS, Community Board Five did echo many of those concerns, and expressed concerns over any precedent set by having such a large-scale commercial event in along a route of 10 city blocks with questionable public benefit and noted that approval of this Event should not be taken as precedent over Community Board Five approval over future similar events; and

WHEREAS, Community Board Five expressed skepticism that the Event needed to be over 10 city blocks and did request that the Applicant consider reducing the footprint of the Event; and

WHEREAS, Community Board Five called on SAPO to review similar applications in the future with a high level of scrutiny and to ensure any application must have a material nexus to the neighborhood for any consideration; and 

WHEREAS, Community Board Five weighed these aforementioned concerns with positive elements in promoting commerce in a post-pandemic period, entertainment and leisure for city residents and visitors, and a positive in terms of promoting the City’s reputation as a commercial venue, and that the Event was limited to one Friday; and therefore, it is

RESOLVED, Community Board Five recommends approval of the Application for the Event by SWP, for “Marvelous Mrs. Maisel Season 5 Launch Event”, a promotional event to be staged along 5th Avenue ranging from 46th Street to 56th Street on April 14th, 2023.

After some discussion, the above resolution passed with a vote of 26 in favor, 4 opposed, 1 abstained, 0 present not entitled to vote: IN FAVOR: Achelis, Athanail, Beitchman, Borden, Cedillo, Chou, Dowson, Ellington, Frewer, Garcia, Goshow, Haas, Harris Jr., Hershberg, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Levy, McCall, Miller, Shapiro, Sigman, Slutzkin, Spandorf, Sung, Xu, Yong. OPPOSED: Brosnahan, Ford, Law-Gisiko, Sherburne

 

 

Ms. Law-Gisiko gave brief presentation on the following bundled resolutions:

222 Central Park South, application for window installation 

WHEREAS, The Gainsborough Studio is located at 222 Central Park South across from Central Park; and

WHEREAS, Architect Charles W. Buckham designed the building, which was constructed between 1907 and 1908, after demolition of an existing building on the site; and 

WHEREAS, In its designation of the building as a New York City Landmark in 1988 the Landmark Preservation Commission described the building as a “particularly fine example of artists’ cooperating housing, planned and organized by artists in response to a shortage of suitable living and working space”; and

WHEREAS, Community Board Five has previously noted the building’s expansive windows designed to capture the most natural light possible to benefit the artists; and 

WHEREAS, The applicant proposes to replace two non-original, center-pivot casement windows on the west side of the 14th floor on the primary façade with in swing casement windows; and

WHEREAS, CB 5 provided public notice of a hearing on the application before the Landmarks Committee as required by the Board’s policies and procedures; and 

WHEREAS, The frames on the existing window frames are wood but the frames on the windows proposed by the applicant would be aluminum; and

WHEREAS, CB 5 has previously urged the Landmark Preservation Commission to develop a master plan for the building so that window replacements would restore fenestration uniformity and symmetry to the graceful and elegant façade of the building; and

WHEREAS, CB 5 again requests that the LPC work with the building’s board to develop a master plan and, in doing so, use the instant application as the basis for the master plan; and

WHEREAS, While CB 5 finds that the structure of the proposed windows – in swing casement windows with one light – is consistent with window replacements previously approved by the Commission, the aluminum frames proposed by the applicant are neither appropriate nor contextual as they create a thinner window profile that is not consistent with the design of the landmark and does not relate to the profile across the building.

RESOLVED, Community Board Five recommends denial of the application unless the applicant replaces the proposed aluminum frames with wood frames and provides a wider profile consistent with the current wood windows; and be it further 

RESOLVED, Community Board Five recommends the Landmark Preservation Commission use this resolution as the basis for a master plan for the building that will promote future window replacements that reflect more closely the historic and architectural context of the building. 

1260 Broadway, Hotel Martinique, Application for Façade Renovation Master Plan.

WHEREAS, Hotel Martinique, located on the corner of 32nd Street and Broadway at Greeley Square, with an additional entrance at 33rd Street, is a 19-story building which occupies a large portion of the block, with three sides exposed to street thoroughfares; and

WHEREAS, The building was built in three phases between 1897–1911, designed by prominent architect Henry J. Hardenbergh and is a New York City Landmark as designated by the Landmarks Preservation Commission in 1998; and

WHEREAS, The building was designed based on Beaux-Arts precedents and constructed with French Renaissance-inspired elements including a bold mansard roof with towers, ornate dormers, and exterior clad in glazed brick, terracotta and limestone featuring rusticated stonework, balconies, and prominent cartouches on the façade; and 

WHEREAS, The building continues to operate as a functioning hotel, and was acquired in 2021 by Burnett Equities who now operates the institution under the Hilton Brands; and 

WHEREAS, Prior to the landmark designation, the first and second floors were modernized and currently retain little of the historic detail from the original design, given the uses and environment over the decades changed and further strayed from the elegance of the original design; and

WHEREAS, The master plan proposal addresses primarily the first and second floor street facades of the building and seeks to restore the historic detail from the original design and highlight the main entrance, frontage and façade of the Greeley Square adjacent building; and

WHEREAS, The proposed renovations include a new prominent entrance marquee along 32nd Street to replace the existing one, designed with glass and ornamental stampings to mimic the original design, which was pressed metal; and

WHEREAS, The new marquee will remain the same size as the existing one, the footprint of which has decreased over the building’s history, utilize the existing structure, and contextualize the historic character of the hotel; and 

WHEREAS, The existing black granite that clads the marquee’s entrance will be removed and the painted limestone behind restored, and replaced with a new structure designed to maintain the original rusticated entry profile and will include fan-arch fenestration; and

WHEREAS, The proposal will also reintroduce cast stone columns and fan-arch fenestration along the ground level on Broadway as well as simplified ornamentation, new doors, ventilation and repaired rustication at the 33rd Street façade which currently serve as retail frontage and a service entrance; and

WHEREAS, The applicant has proposed an installation of a lighting scheme to increase visibility of the building’s unique architectural elements from Greeley Square, and replacing the existing vertical signage with a monument channel-lit replacement (maintaining the current size), drawing inspiration from Vaudeville Theatre; and 

WHEREAS, The proposed small lighting fixtures will be warm color temperature LED bulbs, set-back with efforts taken to utilize existing openings to enable wiring connections and minimize the visibility of such fixtures from the pedestrian view; and 

WHEREAS, The applicant proposes modifications to the existing windows, including various designs incorporating historic design and materials, including aluminum framing set with mullions to allow for durability and added character, as well as the addition of transom glass or louvers in the case of select installations for ventilation purposes so as to give off the appearance of windows; and 

WHEREAS, The applicant proposes reintroducing two columns to the Broadway exterior, consistent with the historical design, which will be cast stone composite columns; and 

WHEREAS, The applicant proposes signage placements for the retail tenants, including affixing a blade sign for the restaurant tenant to one of the proposed columns on Broadway as well as two sculptural owls affixed to the building on 33rd Street;

WHEREAS, The proposed sculpture owl, whose design is specific to the restaurant tenant, will flank the entryway, approximately seven feet above the ground and will project out 12 inches; and

WHEREAS, The proposed renovations have been reviewed by the Landmarks Committee of Community Board Five; and

WHEREAS, The applicant has engaged in thoughtful research and analysis for the restoration and demonstrated strong adherence to maintaining the historic character and exterior aesthetics of the landmark as the proposals are generally harmonious with the building’s historic elements while maintaining respect to the landmark; and

WHEREAS, The blade sign on the column the sculpture owls are not appropriate compliments to the façade, and if implemented, would set a poor precedent for commercializing and degradation of the historic value of precious landmarks; and

WHEREAS, The proposed tenant-specific signage is inconsistent with these themes, particularly the column blade sign and the two sculpture owls, and the lighting fixtures could also threaten the character of the restoration if care is not taken to minimize the visibility of those fixtures; therefore, be it

RESOLVED, Community Board Five recommends conditional approval of the application by the Hotel Martinique at 1260 Broadway, for restoration and renovative work on the façade under the proposed master plan on the condition that the applicant provide goodwill consideration to (i) exclude the tenant-specific one blade sign affixed to cast column and two sculpture owls from the master plan, and (ii) consider taking best-effort steps to reduce the visibility of the lighting fixtures from street-view and limit the penetrations to the historic fabric of the building through the restorative process to preserve the integrity and historic character of the building. 

44 Union Square East (Tammany Hall), application for interior, transparent LED displays set back from second floor windows and doors

WHEREAS, The applicant

proposes the installation of interior, transparent LED displays (Displays) in the 2nd floor windows and doors of 44 Union Square East aka Tammany Hall (Building); and 

WHEREAS, The Building is a 1929 Colonial Revival style building with a red brick façade and white granite, designed by architects Thomson, Holmes & Converse and Charles B. Meyers, to evoke the "days of early American architecture" (according to the 1928 Real Estate Record); and 

WHEREAS, The Building also has a significant cultural history since it was the headquarters of the "infamous" Democratic political machine known as "Tammany Hall" from 1929 to 1943, and thereafter, continued to be a center of the political and arts communities, housing first the international Ladies Garment Workers Union, then an Off-Broadway theater and the New York Film Academy, and currently offices and retail businesses including PETCO on the second floor; and 

WHEREAS, Union Square has been designated a National Historic Landmark by the Federal government; and 

WHEREAS, The Building was identified by the NYC Department of City Planning as a "significant building" in the Union Square Special Zoning District; and 

WHEREAS, The Building is adjacent to the East 17th Street/Irving Place Historic District which begins on the east side of the Building; and 

WHEREAS, The Landmarks Preservation Commission designated the Building as an Individual Landmark on October 29, 2013, and 

WHEREAS, Community Board Five recommended denial of an application to install a large, modern, non-contextual glass tortoise shell shaped dome rooftop addition (Non-contextual Rooftop Addition) on the Building in December 2014 which was subsequently approved by the Landmarks Preservation Commission and thereafter installed; and 

WHEREAS, The applicant  proposes the installation of the aforementioned Displays which are set back 18" from each of the second floor windows and doors; and 

WHEREAS, The Displays are a new technology that has never been used in Manhattan or the City of New York; and 

WHEREAS, The Displays will be visible in all of the second floor windows and doors when activated; and 

WHEREAS, The Displays will illuminate animated  commercial advertising thru the windows and doors when activated; and 

WHEREAS, There are no restrictions on the hours of activation; and 

WHEREAS, The Displays are not contextual, harmonious, or appropriate for the Building and its surroundings including the East 17th Street/Irving Place Historic District and Union Square; 

WHEREAS, Furthermore, the Displays in combination with the previously installed Non-contextual Rooftop Addition will establish an undesirable precedent for individual landmarks and historic districts in Community Board Five; therefore be it 

RESOLVED, Community Board Five recommends denial of the application to install interior, transparent LED commercial advertising displays in the second floor row of windows and doors of 44 Union Square East (aka Tammany Hall). 

Request For Evaluation by Community Board Five for Landmark designation of the First Moravian Church, 154 Lexington Avenue.

WHEREAS, The First Moravian Church, located at 154 Lexington Avenue, was erected in 1849; and

WHEREAS, The building itself has retained most of its original features including red brick with Romanesque detailing along its front and side facades and numerous tall stained glass windows throughout; and

WHEREAS, The church was originally built for the Baptist congregation as the Rose Hill Baptist church; and 

WHEREAS, The first Moravian Church of New York was established in 1748; and 

WHEREAS, The current location was acquired in 1869 for $35,000; and 

WHEREAS, The Moravian congregation held its first service on April 18, 1869; and 

WHEREAS, During the 1860’s and 70’s the location was a meeting place for women’s groups and patriotic societies; and

WHEREAS, The church later functioned as a safe haven for Armenian immigrants arriving in New York City; and

WHEREAS, The civic and community activities continued from 1968 through 1987 when the church operated as an outreach center for the homeless; and 

WHEREAS, The First Moravian Church serves as an anchor for a low rise section of Lexington avenue whose notable structures include such the landmarked Chester A. Arthur house and the National Historic 69th Regiment Armory; and 

WHEREAS, The First Moravian Church is also visual counterpoint to the landmarked 1909 School of Applied Design for Women; and  

WHEREAS, The roof line along east 30th street including the First Moravian Church, remains the same height since the buildings were constructed; and 

WHEREAS, The building and character of the historic church has contributed to greatly to the fabric and character of the Rose Hill neighborhood; and

WHEREAS, Community Board Five has been ever-vigilant and increasingly concerned with the future of preservation in Community Board Five and recognizes that there are many buildings that contribute to the rich history of Manhattan that have yet to be calendared by Landmarks Preservation Commission (LPC); and

WHEREAS, Support for this effort has also been given by the 29th Street Neighborhood Association and other community members who signed a petition for the preservation of the Church and its importance in the community; therefore, be it

RESOLVED, Community Board Five asks LPC to prioritize a Request For Evaluation and the review, research and calendaring of the First Moravian Church located at 154 Lexington Avenue.

After some discussion, the above bundled resolutions passed with a vote of 33 in favor, 0 opposed, 0 abstained, 0 present not entitled to vote: IN FAVOR: Achelis, Athanail, Beitchman, Borden, Brosnahan, Cedillo, Chou, Dowson, Ellington, Ford, Frewer, Garcia, Goshow, Haas, Harris Jr., Hershberg, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Levy, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Spandorf, Sung, Xu, Yong. 

 

PUBLIC SESSION

The public was invited to comment on topics of interest to the Board. 

Michael Kaback – announced free Flatiron District tours every Sunday. 

  

Seeing no other raised hands, 1st Vice Chair Athanail announced that the public session was closed and the regularly scheduled meeting of Community Board Five was adjourned.

Respectfully submitted by, 

Mary Brosnahan

Secretary

Samir Lavingia

Assistant Secretary

Sign Up For Our Newsletter