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Manhattan Community Board Five
Board Minutes
Minutes of the regular Community Board Five meeting held on Thursday, January 12, 2023 via teleconferencing, at 6:00pm. Vikki Barbero, Chair, presided.
Members Present
David Achelis
Nicholas Athanail
Vikki Barbero
James Beitchman
Mary Brosnahan
Sarah Dowson
Katherine Ellington
Aaron Ford
Joseph Frewer
Nancy Goshow
John Harris Jr.
Marc Hershberg
Robert Isaacs
Michael Kaback
Kathy Kahng
EJ Kalafarski
Renee Kinsella
Layla Law-Gisiko
Maki Thomas Livesay
Joseph Maffia
Kimberly McCall
Charles Miller
Tod Shapiro
Bradley Sherburne
David Sigman
Craig Slutzkin
Barbara Spandorf
Daniel Spence
Sarah BJ Sung
Pete Webb
Zona Xu
Janice Yong
Present Part
Julie Chou
Excused
Sam Johnson
Absent
Johnathan Cedillo
Laura Garcia
Tristan Haas
Bridget Killian
Samir Lavingia
Sam Levy
Catalina Muneton
Jean Sonderand
Public Members
Elected Official
Tony Simone
Assembly Member
Kristen Gonzalez
Senator
Mark Levine
Manhattan BP
Elected Official Reps.
Franklin Richards
Councilmember Powers
Jackson Fischer
Senator Epstein
Alex Marinidis
Senator Krueger
Laurie Harjowaroga
Councilmember Bottcher
Olivia Glen
Congressman Nadler
Kate
Councilmember Rivera
Eric Strazza
Manhattan DA Bragg
Staff
Marisa Maack
District Manager
Mike Fissinger
Community Associate
Public Attendees
Mitchell Siegal
Jeff
Larry
Hope Martin
Kate Madigan
Rifta H
Lisa Wager
Odette Wilkens
At 6:00 p.m., Chair Barbero called the Manhattan Community Board Five January 12, 2023 Full Board meeting to order and called on 1st Vice Chair, Nicholas Athanail to conduct the public hearing portion of Community Board Five.
The Public Hearing of Community Board Five was called to order by Nicholas Athanail.
Mitchell Segal – spoke in support of the application before the board for PRYM 1216 Basement LLC, dba Jewel Thief on 1216 Broadway, stating that the location was not a problem and spoke also on the request for increase in hours and violating the Broadway Corridor act, but noted that those rules are not applied uniformly.
Jeff – spoke on the application before the board for Mission Ceviche NoMad at 5-7 East 17th Street as not being in the best interest of the community and requesting that it be noted in the resolution if it is passed.
Larry – was curious if there was a committee to address a complaint regarding an issue with the neighbor in the building next door, KK Sweat at 27 West 20th, that is operating a gym, making loud noise and the building does not have a Certificate of Occupancy. He asked for the board’s help.
Hope Martin – Reiterated what was said previously on Mission Ceviche NoMad at 5-7 East 17th Street and spoke on the 500ft law in regards to Mission Ceviche and asked that stronger information be added to the affidavit with regards to that law.
Kate Madigan – introduced herself as the Government Relations Coordinator from the Public Theater and gave updates on the theater’s current work in Central Park and Downtown.
Rifta H – spoke in opposition of the application before the board for PRYM 1216 Basement LLC, dba Jewel Thief on 1216 Broadway asking to be open longer as not being good for the neighbors. She also spoke of high pitch noises from ambulances.
Lisa Wager - Director of Government Community Relations at the Fashion Institute of Technology – announced that FIT ranked very high on the Social Mobility Index. She also announced that the college will have a discovery day, which is a sort of open house in March for High School High School Sophomores and juniors to experience the college's many majors with Hands-On demonstrations. She then reminded that their new Social Justice Center and what it does .
Odette Wilkens – spoke on the agenda item before the Board regarding the LinkNYC 5G towers and spoke in support of the disapproval of the LinkNYC 5G towers.
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.
Assembly Member Tony Simone – introduced himself as the new Assembly Member for the 75th district and spoke of CB5 as a major leader in the effort to create a plan for the New Penn Station that will work for the community and upgrades the regional transfer infrastructure and stated that he do not support the current plan and stated that he will be working with the boards’ community-led improvement plan task force. He then outlined his upcoming work in the district. He spoke of being against the casino plans for Manhattan. He mentioned that a number of staff members will be continuing from the previous Assembly Member’s staff. He spoke of joining his fellow legislators and advocates in calling for free and healthy school meals for students. He spoke of the Governor’s housing plan which he supports and stating that he has signed on to several bills ranging from tackling climate change to building publicly owned renewal energy to creating a Reproductive Health Access Fund to ensure all seeking safe abortions can access one. Also he stated that he addressed a dire need for strengthening the system for people with developmental disabilities and also a package of legislation to approve the MTA closing their budget deficit and increasing service. He stated that they will be handling the issue of the mental health crisis and the affordability crisis in the district.
Borough President Mark Levine – announced that the nurses’ strike was settled. He announced the low percentage of people in CB5 who have received their bi-variant booster and asked CB5 to advocate more to remind people to get the vaccine booster. He then announced the reopening for bathrooms in two subway locations by the MTA. He then thanked the board for passing the 1 million more trees resolution last month. He announced that community board applications are now open for 2023 and his State of the Borough is coming up on Tuesday, January 31 at 6pm.
Senator Kristin Gonzalez – introduced herself as the new State Senator for District 59 and announced her assigned committees. She announced the introduction of her first bill, the Personal Privacy Protection Modernization Act, which would require all law enforcement to have a warrant if they are accessing private information across all levels of government. She introduced her staff Melissa Mavrich, Director of Community Affairs. She spoke of working with Congressman Nadler’s office at a roundtable to discuss Public Safety, noise pollution and traffic concerns. She also announced that was supporting multiple labor initiatives.
REPORTS OF ELECTED OFFICIALS
Laurie Harjowaroga – Councilmember Bottcher’s Office – shared exciting news about a Muffler Noise Pilot program and that one has been added to CD5. She then stated that earlier this year Councilmember Bottcher introduced City Council legislation to double the penalties for excessive motor vehicle noise violations. She announced their Vaccine booster clinic next week.
Eric Strazza – Manhattan District Attorney’s Office – announced a significant funding opportunity for service providers and other community organizations specifically with an eye toward intervening and engaging community members to address things like mental health and substance abuse. He also announced the recent 2022 year-in-review document.
Olivia Glenn Raynor – Congressman Nadler’s office – introduced herself as the primary contact for CD5 and stated they will be doing all the casework that Congresswoman Maloney was previously doing.
Alex Marinidis – Senator Liz Krueger’s Office – introduced himself as the new CB5 liaison for the district office of Senator Liz Krueger and spoke of the new legislative session and the district lines. He spoke of the Governor’s State of the State address, which emphasized environmental issues, the economy's impact on the upcoming budget, significantly expanding affordable housing development throughout the state and increasing investment in Mental Health Services. He stated that after the executive budget is released, the State and Assembly will be spending a few months holding budget hearings and negotiating a final budget with the Governor. He then announced they would be holding their first five-part Roundtable for seniors and boomers.
Franklin Richards - Councilmember Powers’s office – gave a few quick updates announcing Mayor Adams in coordination with Fifth Avenue Association announced plans to reimagine and redesign Fifth Avenue from 42nd Street up to 59th making Fifth Ave a Pedestrian Centered space. He then announced that the City Council's discretionary funding application for fiscal year 2024 is now available. He also announced that Councilmember Powers celebrated a ruling made by New York State Supreme Court to protect over 6200 apartments that would have faced a loss of rent and tenure protections and facing deregulations by ownership.
Jackson Fisher Ward – Assemblyman Harvey Epstein’s office – introduced himself and his office and gave a few updates speaking on the Governor’s State of the State and announced that the Assemblyman expects her to include a version of a piece of legislation that he introduced in 2019 requiring CUNY and SUNY provide medication abortion at student health centers and also a bill allowing NYC the option to create a program to legalize basement units in the executive budget.
Kate Scherer - Councilmember Rivera’s office – announced that at the end of December the City Council Committee of the Whole held a two-day oversight hearing on Asylum seekers in New York City and Councilmember Rivera implored the city to demand more financial support from state and federal governments. She then spoke of the State's first marijuana dispensary opening in District Two and stated that their office is working closely with constituents and enforcing agencies to respond to complaints about illegal smoke shops. She then announced that the Councilmember introduced legislation to create a cannabis business direct directory to identify active and legal establishments and make them available on the website of the Department of Small Businesses. She then announced that Councilmember Rivera will be hosting a virtual rat Academy with the Department of Health on January 26 from 6 to 8 pm.
- CHAIR’S REPORT – VIKKI BARBERO
Chair Barbero announced that roll call for attendance will be taken since the December 2022 minutes will be postponed until February.
Roll call vote of 33 present: PRESENT: Achelis, Athanail, Barbero, Beitchman, Brosnahan, Chou, Dowson, Ellington, Ford, Frewer, Goshow, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Law-Gisiko, Livesay, Maffia, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Spandorf, Spence, Sung, Webb, Zu, Yong.
Chair Barbero then gave the following report on Community Board Five work and challenges in 2022:
MANHATTAN COMMUNITY BOARD FIVE
VIKKI BARBERO, CHAIR
2022 END-OF-YEAR REPORT
JANUARY 12, 2023
Let me start by saying I hope you all had a great Holiday Season and are ready for the new year's CB5 Committee meetings. You’ve all heard me say the importance of and the work of CB5 starts at our Committee Meetings, and ultimately is acted upon by the Full Board.
2022 was a great year for our Board and its Committees with huge amounts of hard work and involvement in the numerous issues and challenges that came to us. We should all be proud of the many accomplishments and positive results of our labor...it was really an incredibly successful year and certainly one to remember.
I thought you all might enjoy and find interesting jogging our collective memory to remind us of our work and challenges in 2022. And so, here is a synopsis of some of our more controversial and difficult issues that were dealt with:
JANUARY
Preservation of At-Risk Buildings (Landmarks Committee)
In January, the Landmarks Committee learned through the State Historic Preservation Office (SHPO) that in 2020, NJ Transit submitted a request for comment for the status of existing historic resources in the Penn Station area. In response, SHPO determined eligibility for the National Register of Historic Places for Pennsylvania Plaza, the superblock where MSG and Penn Station are located. Keeping in mind that Empire State Development (ESD) is the sponsor of a land use proposal to override New York City zoning rules to redevelop all or a portion of nine blocks around Penn Station, the Committee, and the Board, in examining the criteria and background of the request, strongly disagreed and voted that SHPO reconsider and reverse its determination of eligibility and focus efforts on preservation of at-risk buildings in the surrounding area.
FEBRUARY
Open Meetings Law (Open Meetings Task Force)
In February, the Open Meetings Task Force examined the continuation of virtual meetings, which involved collecting data from all Board members to gauge the Board’s preferences and comments regarding in-person, virtual and hybrid meetings. As a result, CB5 supported amending the New York State Open Meetings Law to allow NYC’s Community Boards the ability to hold Virtual and/or Hybrid meetings in perpetuity.
MARCH
Letter to Gov. Hochul Re Penn Station Expansion Alternatives Scope (Transportation &
Environment Committee)
Empire State Development’s General Project Plan (GPP), which we opposed in December ’21, to redevelop the area around Penn Station, included a preferred alternative to Penn Station. Extensive work by the Transportation & Environment Committee, resulted in our sending a letter to Governor Hochul and relevant agencies, citing specific alternatives that should be considered in the review process. We stated our support of the goals of capacity expansion at Penn Station even though the GPP’s specific land use action and preferred alternative did not satisfactorily and comprehensively evaluate alternative approaches.
Annual Rosters of Programming in our Parks (Parks & Public Spaces Committee)
Also in March, through our Parks & Public Spaces Committee, the Board voted to support Madison Square Park’s Annual Roster of Programming and in May we supported the Annual, Spring and Summer Rosters of Bryant Park and Union Square Park.
Governor Hochul’s Housing Budget Proposals (Land Use, Housing and Zoning Committee)
Our Land Use Committee, having serious concerns about Gov. Hochul’s budget proposals and their effectiveness to achieve the stated goals, recommended and the Board voted in March opposing and urging the Governor to remove easing restrictions on converting hotels, lifting the residential FAR cap and ending the 421 tax abatement from the State Budget. We urged our State and City legislators to oppose the proposals and urged the Governor to include the public, local legislators, and community boards in discussions on these matters to find more effective ways of achieving their stated goals.
APRIL
Post Parade Events Around Madison Square Park (Parks & Public Spaces Committee)
In April, we recommended approval of applications that were submitted to our Parks Committee, for annual Post Parade Events in and around Madison Square Park. Applicants have followed our Parks Policy and have exhibited good faith efforts in continuing to improve their events, including multiple meetings and correspondence with the Community. Although we approved these events, we continue to question the appropriateness and their detrimental impact on the Flatiron neighborhood, including
the considerable impact on Madison Square Park in seasonal months of park usage. We implored NYPD and SAPO to proactively consider alternative locations for these events in 2023.
Ratification of Letter from PSQL Committee to SLA in Response to Comment Deadline for a 24-Hour Ground-Floor Restaurant at 200 West 54 th St. (State Licenses and Permits Committee, formerly PSQL)
During the months of February and March, the State Licenses and Permits Committee (formerly PSQL and now fondly known as SLAP) met with the applicant for a new liquor license at 200 West 54 th St. After a mutual agreement regarding hours and method of operation, we were notified by the applicant’s attorney, reneging on the agreement and, due to a deadline, the Committee immediately sent a letter to the SLA requesting denial of the liquor license. The Board ratified the Committee’s recommendation to the
SLA to not grant the license.
Most important regarding our action is that we were notified that the SLA did in fact agree with our assessment and our request and the liquor license was not granted. Interestingly, in July the applicant returned to CB5, this time agreeing to the conditions and stipulations previously negotiated and the Committee and the Board voted to deny the new application unless those agreed to conditions were adhered to and incorporated into the Method of Operation.
MAY
Release of Joint Study of Intercity Curbside Bus Practices (Transportation & Environment Committee)
In May, the Transportation Committee working with CB4, recommended to the Board, a completed study, which summarizes curbside intercity bus practices in NYC, Washington, D.C., Philadelphia, and Boston. CB5 released this important study, which we see as a necessary first step to inform a possible NYC rule change as the Port Authority of New York and NJ is planning and constructing a replacement Intercity Bus Terminal.
The Need For Public Bathrooms in NYC (Budget Education and City Services Committee/Public Bathrooms Task Force
Also, prior to our May meeting, our Budget Education and City Services (BECS) Committee was instrumental in forming and leading a multi-board Task Force to study the need for public bathrooms in NYC. Recognizing that need, we voted in May to urge the city to provide more public bathrooms throughout the five boroughs. At the same meeting, we wholeheartedly supported the Borough President’s Bill to propose a public bathroom site for each zip code.
JUNE
CB5 Open Meeting Hybrid Meeting Guidelines (Open Meetings Task Force)
After months of intensive work and examination by the Open Meetings Task Force, in June we approved the Meeting Guidelines for full board, committees, subcommittees, task forces and working groups to conduct hybrid meetings in compliance with the New York State Open Meetings Law. We urged the Governor, State Senators, and Assembly Members to continue to improve the Open Meetings Law’s provisions for videoconferencing by reconsidering the requirement of a full in-person quorum and urged the Mayor, City Councilmembers, and the Manhattan Borough President to allocate additional funding and resources to better support virtual and hybrid meetings and the resources and technical support required to sustain such practices.
CB5 Recommendations to DOT’s Permanent Open Restaurants Program (Land Use Housing & Zoning/Open Restaurants Task Force)
June was a busy month for Task Forces. After much work and many hours including public hearings, the Open Restaurants Task Force presented to the Land Use Committee and the Board, their findings, and recommendations in a multi-page resolution with comments, concerns, and recommendations about DOT’S Permanent Open Restaurants Program and the Design Guidelines that should be considered. Our resolution strongly recommended “that the appropriate City-wide environmental impact statement of
suitable scale and depth be conducted by the City and DOT and released according to the pertinent statutory guidelines in connection with the Program, and at such time and place that its findings can guide the proper implementation of the Program as it is rolled out and its regulations issued for review by the public.”
Support of Senate Bill Re Medicaid Funding for In-Patient Mental Health Treatment (Budget, Education and City Services Committee)
CB5 is on record as supporting additional funding for mental health issues and after learning in June, through our BECS Committee, there is a shortage of in-patient mental health care options in New York, we supported a Senate Bill to help address the needs of those suffering from mental illness by providing Medicaid funding for in-patient treatment.
JULY
Letter to DOT Commissioner Re Reiteration of Broadway Vision Plan (Transportation & Environment Committee)
In July, we were greatly disturbed by the June 20, 2022, collision at Broadway and 29th Street involving a taxi, bicyclist, and multiple pedestrians, which injured six, three critically. After a robust discussion was held at the Transportation & Environment Committee meeting, we sent a letter to the DOT Commissioner reaffirming our May 2021 resolution of our continuing support of DOT’s Plan which includes redesign of successive stretches of Broadway between Union Square and 59th St. We also
emphasized and implored agencies with jurisdiction to increase enforcement of the proper usage of these corridors by cars, bicyclists, and all vehicles.
New Liquor License for 200 West 54th St. (State Licenses and Permits Committee)
July was the month that because of our recommendation against a liquor license at 200 West 54th St. in April, which the SLA denied, we received a new request for the same location. This time, the applicant agreed to our former conditions and stipulations and the Board voted to deny unless the conditions were adhered to and incorporated into the method of operation of the SLA application.
SEPTEMBER
Renovation of Landmarked Lexington Avenue Armory (Landmarks Committee)
In September the Landmarks Committee examined the renovation request of the landmarked Lexington Avenue, Sixty-Ninth St. Armory. CB5 recommended conditional approval and requested goodwill consideration to the aesthetics of an alternative style of doors and associated door handle hardware to preserve the integrity and historic character of the building. Special reference was made to the two proposed glass-paned ADA compliance entryways on the eastern and south facades.
Change in Method of Operation at 151-159 West 26th St. (State Licenses & Permits Committee)
In 2014, Compton Ale House, on W 26th St, signed an agreement through the SLAP Committee, with various conditions and stipulations to their liquor license. In September of ’22 they applied for an alteration to that license to extend their operating hours until 4:00 a.m. After hearing opposition from the community, we agreed that an extension of operating hours beyond 2:00 a.m. would have a material adverse effect on quality of life in the neighborhood and set a destructive precedent for existing and
future operators on the block and we recommended denial of the alteration.
OCTOBER
District Needs and Budget Priorities (Budget Education City Services Committee)
In October, we passed our District Needs and Budget Priorities, which always involves a huge amount of time and expertise on the part of our BECS Committee members.
Community-Led Zoning Framework for North Chelsea/Penn Area (Land Use Housing & Zoning Committee)
Following our December ‘21 official opposition to ESD’s Penn Station Proposal’s GPP, in October, our Land Use Committee developed, and the Board passed a resolution supporting and adopting a letter “A Zoning Framework for a Cohesive Future in North Chelsea and Penn Station Area.” We stated that we believe 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. Our letter states that we 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.”
NOVEMBER
Landmark Evaluation Request for 1710 Broadway Building (Landmarks Committee)
In November, the Landmarks Committee examined a landmark evaluation request for the building at 1710 Broadway between 54th and 55th streets. The building meets LPC criteria “as part of a historic district,” known as “Automobile Row,” as well as “having a special character or special historic value as part of the development, heritage or cultural characteristics of the city, state or nation.” The Board voted in support of the evaluation of the building and requested LPC evaluate 1710 Broadway for individual
landmark designation.
DECEMBER
Casinos in CB5 District (Land Use Housing & Zoning Committee)
In December, after much discussion with the public through our Land Use Committee, we passed a resolution opposing casino development in CB5 and urged our elected officials to vote “no” on the siting of a casino in CB5. We stated that we believe the considerations regarding the labor market, economic activity, congestion, community fallout and gambling addictions, all provide ample reasons to not develop a casino in our District.
Support of Million More Trees Initiative (Parks Public Spaces Committee)
Also, in December, through the work of the Parks & Public Spaces Committee, the Board learned that NYC’s five Borough Presidents are calling on the mayor for the city to plant a million new trees by 2030. We voted to support the Borough Presidents’ “Million More Trees Initiative” and included our concern about the maintenance of existing and new trees.
CB5 Comments to Title 9 Compilation of Codes, Rules and Regulations of NYS regarding Adult Use Cannabis (State Licenses & Permits Committee)
With the legalization of the production, sale, and use of recreational cannabis in 2021, the SLAP Committee examined and put forth its comments to the Board in December, basically making seven recommendations regarding the Cannabis Regulations and enforcement of existing and future laws regarding cannabis Renewals should be reviewed same as initial licenses. In 2022, the Committee established the Cannabis Task Force to lead the community on the upcoming introduction of establishments in our district for the retail sale and on-premises consumption of cannabis.
***
N.B: During 2022, the SLAP Committee reviewed 932 application notices for new liquor licenses and negotiated affidavits with 47 operators, achieving binding and enforceable concessions on hours of operation, crowd and noise control, and other elements of an establishment’s method of operation to preserve quality of life in our district. The Committee had a 100% success rate in that the SLA followed every single one of its recommendations and incorporated every single one of its stipulations into the liquor licenses of the respective applications. The most notable of these successes was regarding the Glass Ceiling rooftop application at 1204 Broadway where the Full Board of the State Liquor Authority respected CB5’s concerns about the unenclosed rooftop space and deferred to our request that a liquor license not be granted at the premises while the rooftop remains unenclosed.
As I mentioned earlier, this synopsis only focuses on our top challenges, accomplishments, and work in 2022. You all know the amount of time, expertise and effort that is involved each month…looking back is not only a way for us to see the fruits of our labor, as the saying goes, but continues to give me the reason to express my pride once again in being the chair of this hardworking, effective, and impressive Board.
With much gratitude and appreciation, I would welcome, and hope you will give me, the opportunity to continue to serve you in the coming year as well.
Many thanks to you all.
STATE LICENSING AND PERMITS – nicholas athanail
Mr. Athanail gave a brief presentation on the following two bundled resolutions:
PRYM 1216 Basement LLC, dba “Jewel Thief”, 1214-1216 Broadway (Between 29th and 30th Streets), New York, NY, application for change in method of operation.
WHEREAS, PRYM 1216 Basement LLC (“Applicant”), has notified Community Board Five of its intention to apply for an alteration to an existing on-premises liquor license for a bar and restaurant establishment located at 1214-1216 Broadway (between 29th and 30th Streets), New York, NY (the “Premises”); and
WHEREAS, In 2019, Applicant appeared before CB5 in connection with its application for an on-premises liquor license and at that time, Applicant delivered an executed affidavit whereby Applicant agreed to various conditions and stipulations, upon which CB5 relied on for recommending approval of the on-premises liquor license; and
WHEREAS, Among other conditions and stipulations, Applicant agreed to hours of operation from 5:00 PM to 2:00 AM Monday through Saturday and 5:00 PM to 1:00 AM on Sunday and no live music, DJs, or dancing; and
WHEREAS, Applicant has now requested to extend its hours of operation until 4:00 AM Monday through Saturday and 3:00 AM on Sunday; and
WHEREAS, The Premises is located on a mixed-use block, with several residential buildings in addition to a number of other licensed restaurant and bar operations; and
WHEREAS, Community members have expressed that poor practices of operators on the block have contributed to deterioration in quality of life in the form of noise, poor sanitation conditions, and reduction in public safety; and
WHEREAS, Community Board Five has found that 2:00 AM closing has been effective in balancing needs of bar and nightlife businesses while reasonably preserving quality of life in a mixed-use neighborhood; and
WHEREAS, Many other operations in this area successfully coexist with hours of operation ending no later than 2:00AM; and
WHEREAS, Given the mixed demographics of this location and the need for businesses and residents to coexist there, hours of operation later than 2:00AM are not appropriate; and
WHEREAS, An extension to the Applicant’s operating hours would create a precedent for new and other existing operators on the block to seek similar operating hours to the detriment of the balance between residents and businesses on this block; and
WHEREAS, Although some community members recognized the Applicant as a good operator and constructive contributor to the block, those same residents and many others submitted written and spoken testimony in opposition to the proposed changes, citing factors including existing noise levels on the block, unruly crowds in the late evening, and the importance of keeping a consistent closing time for all operators on the block; and
WHEREAS, Community Board Five finds that an extension of operating hours beyond 2:00 AM would have a material adverse effect on quality of life in the neighborhood and set a destructive precedent for existing and future operators on the block; therefore, be it
- RESOLVED, That Community Board Five recommends denial of the application by PRYM 1216 Basement LLC, dba “Jewel Thief”, to alter the method of operation of its bar and restaurant establishment at 1214-1216 Broadway (Between 29th and 30th Streets), New York, NY.
Mission Ceviche NoMad LLC, d.b.a. “Mission Ceviche”, 5-7 East 17 th Street (Between 5 th Avenue and Broadway), New York, NY, application for a new on-premises liquor license
WHEREAS, Mission Ceviche NoMad LLC (“Applicant”), has notified Community Board Five of its intention to apply for a new on-premises liquor license for a restaurant located at 5-7 East 17 th Street (Between 5 th Avenue and Broadway) (the “Premises”); and
WHEREAS, The Premises consist of a ground floor level at 7 East 17 th Street and a basement level at 5 East 17 th Street; and
WHEREAS, The Premises consist of approximately 9,911 square feet in total with 2 floors, 2 patron bars, 1 entrance and 1 exit, and a total capacity of 302 occupants with 57 tables, 209 chairs and 26 bar stools; and
WHEREAS, The Premises will be operated as a restaurant with a full kitchen, full food menu, and full-time chef in place at all times; and
WHEREAS, Applicant has agreed that Applicant shall:
- Restrict the hours of operation to no later than 12:00 a.m., 7 days a week; and
- Feature only recorded streaming music at a background level of volume, and not incorporate live music, DJs, or Karaoke at any time; and
- Use the basement space for routine seated table service only, and not for private events at any time; and
- Not pursue outdoor dining or sidewalk café operations; and
- Retain Acoustilog for sound engineering and soundproofing in order to ensure that sound and vibrations do not escape the Premises, and agree to follow all of Acoustilog’s recommendations; and
- Maintain an electrostatic precipitator on premises, to clean odors and particulates from the ventilation air before it exits the premises; and
- Meet with neighbors on a regular basis if requested and provide contact method, accessible during all operating hours, to a designated live staff member to immediately address any complaints from the community; and
- Coordinate with neighbors to ensure waste removal takes place at times amenable to neighbors; and
- Not use rope lines or outdoor wait lines at any time; and
- Provide a dedicated staff member to prevent disorderly crowds from gathering outside the restaurant; and
- Post window signage to the effect of “Respect Our Neighbors – Please be Quiet” “No Loitering –Keep Voices Down” “Please Do Not Block Sidewalk – Keep Voices Down” & “Please Exit Quietly”; and
WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises (“transfer” being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made and shall require any transferee to agree to the conditions and stipulations contained herein; and
WHEREAS, Should Brice Mastroluca or Jose Luis Chavez ever contemplate a transfer of his interest in Applicant so that he does not have a controlling management interest in Licensee (“transfer” being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and
WHEREAS, Members of the public appeared and commented regarding this application and the comments and concerns of the community were taken into consideration in negotiating these conditions and stipulations; and
WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license alteration application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5, therefore be it
RESOLVED, That Community Board Five recommends denial of the application by Mission Ceviche NoMad LLC for a new on-premises liquor license for the restaurant located at 5-7 East 17th Street (Between 5th Avenue and Broadway), New York, New York 10003, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.
After much discussion, the above bundled resolutions passed with a vote as follows 32 in favor, 0 opposed, 1 abstaining: IN FAVOR: Achelis, Athanail, Beitchman, Brosnahan , Chou, Dowson, Ellington, Ford, Frewer , Goshow, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Law-Gisiko, Livesay, Maffia, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Spandorf, Spence, Sung, Webb, Xu, Yong. ABSTAIN: Barbero.
Mr. Athanail then gave an update to the board on cannabis coming to cb5 and stated that The office of Cannabis Administration has identified two locations so far in our district, the first is at 182 Fifth Avenue which is between 22nd and 23rd streets and the second is on 33 Union Square West which is between 15th and 16th streets right opposite Union Square Park. He stated that both of these locations have a few things in common such as being near Transportation and near parks and announced that the CB5 Cannabis Task Force is expecting that these applications and others will be coming to the board over the next month or so. He then announced that the Office of Cannabis Administration will be coming to address Community Board Five at a special meeting of the SLAP committee on Wednesday, 18th at 6 PM and will be virtual and invited anyone else interested to join. He explained that at this meeting they expect to hear what OCM has to say about the licensing process and the input that Community boards will have.
LAND USE, HOUSING AND ZONING – layla law-gisiko
Mr. Aaron Ford gave presentations on the following two bundled resolutions on behalf of the Committee.
127 West 30th Street application for Authorization for office space take over for Manhattan South Traffic Enforcement District (MSTE) to facilitate needed space for expansion of personnel
WHEREAS, The NYPD seeks a long term, 20-year lease with a private owner to acquire approximately 34,000 square feet of office space at 127 West 30th Street (Block 806, Lot 58), in Manhattan (CB5); and
WHEREAS, This office space that the City seeks to acquire is needed for the relocation of the NYPD Manhattan South Traffic Enforcement Unit (MSTEU) that vacated 260 11th Avenue, Manhattan in August 2021, and is currently housed at multiple locations in NYC; and
WHEREAS, MSTEU is currently operating out of two temporary locations at 469 7th Avenue, and 59 Maiden Lane; and
WHEREAS, MSTEU Operations include Enforcement of Parking Rules and Regulations, traffic direction, safety & mobility, towing, construction compliance, parades, emergency response to planned and unplanned events; and
WHEREAS, MSTEU coverage area is 34th Street to Houston Street from River to River and covers the 5, 6, 7, 9, 10, 13 and 14 Precincts; and
WHEREAS, MSTEU is proposing to relocate to a permanent location at 127 W. 30th Street, entire 2nd floor and partial 3rd floor; and
WHEREAS the MSTEU operations at this new location would involve 150-200 staff reporting to the site each weekday in shifts from 5:00 a.m. to 8:00 p.m. (majority are traffic agents deploying to field), 23 MSTE official vehicles, 83 existing dedicated official vehicle parking spaces to be shared by MSTE and NYPD Citywide Traffic Task Force (CTTF) located at 138 West 30th St.; and
WHEREAS, NYPD Citywide Traffic Task Force (CTTF) is a citywide response unit covering all five boroughs comprised of Uniformed Members of Service responsible for policing special events, elected official visits, penal law arrests, vehicular traffic laws as well as policing vehicular encounters such as vehicle safety checkpoints/car stops, driving under the influence, suspended licenses, various other hazardous and Vision Zero moving violations, and other violations requiring summons or arrests; and
WHEREAS, MTSEU currently has 23 vehicles; and
WHEREAS, Department vehicles will be subject to on-street parking, only in one of the 83 spots already dedicated to NYDP parking spaces ; and
WHEREAS, The existing dedicated parking will be shared between the MSTE and the Citywide Traffic Task Force; and
WHEREAS, Two of the vehicles assigned to the executive staff of MSTE will park on 30 street; and
WHEREAS, The remaining 21 vehicles will be parked along west 33rd street between 11th Ave and the West side highway; and
WHEREAS, There will be shuttle vans to ferry staff back and forth between thetwo locations; and
WHEREAS, The Applicant sees no need for any additional street space on or around 127 W 30th Street, and has committed to Manhattan Community Board Five and to Councilmember Bottcher that no additional parking will be needed whether for NYPD vehicles or personal vehicles of NYPD staff; therefore be it
RESOLVED, Manhattan Community Board Five recommends approval of the application to secure a long term lease at 127 W 30th St.
Thompson Hotel FKA Parker Hotel/Parker Meridian, located at 119 West 56th Street. Modifications of two special permits for Privately Owned Public Spaces (POPS) and Public Arcade “Through Block” and Legalization of an Indoor Bar and Open Air Cafe within the POPS.
WHEREAS, Thompson Central Park New York Hotel at 109-123 West 56th St & 118 West 57th St, formerly known as the Parker Meridien and the Parker Hotel seeks modifications to a Special Permit for the existing public Through Block Arcade and certifications for an existing public Plaza and for an existing open air café in the Plaza; and
WHEREAS, The site of the Thompson Central Park New York Hotel is located at 109-123 West 56th Street and 118 West 57th Street between 6th and 7th Avenues, which is tax lot 19 of Block 1009 and is a part of the previously enlarged zoning lot that contains four tax lots encompassing 109-129 West 56th Street; and
WHEREAS, Lot 19 is a through-block lot located mid-block, with 20 feet of frontage on West 57th Street and 200 feet of frontage on West 56th Street, with the northern portion of the building having one story and a height of 40 feet, while the southern portion of the building is 40 stories plus a penthouse and a height of 393 feet; and
WHEREAS,The building is located entirely within the Special Midtown zoning district and the Theater Subdistrict, with portions within zoning districts C5-3, C6-6, and C6-6.5, and all of these districts permit a 15 FAR building as of right; and
WHEREAS, The building began construction in 1979, is 423,000 square feet of floor area (or 15.96 FAR), and it utilized bonus development rights derived from the creation of a public Plaza, but it did not utilize any additional bonus development rights it could have from the creation of the public Through Block Arcade, due in part to the urging of Community Board Five to reduce the building’s height; and
WHEREAS, The Applicant is Parker57 LLC, who purchased the building in January 2019 and is seeking four non-ULURP modifications to the indoor Through Block Arcade POPS Special Permit and two certifications by the Chair of the City Planning Commission to the outdoor Public Plaza POPS Regulations (ZR 37-625: Design Change and 37-73: Café); and
WHEREAS, None of the proposed modifications or certifications will create any changes to the building’s height, mass, bulk or use; and
WHEREAS, The floor plan of the Through Block Arcade is somewhat similar to a upside-down two-prong fork, with the north end of the Arcade starting at West 57th Street as a “handle of the fork”, the Arcade continues south down a narrow 20 foot corridor for 102 feet, at which point a wider central portion of the Arcade connects with two prongs that are each approximately 56 feet in length:
- one prong to the east is more narrow at approximately 14.5 - 20 feet wide and
- one prong to the west that is approximately 29-30 feet wide and also has the hotel’s front desk and the main guest elevators),
and each prong has a door to the south on to the building’s West 56th Street Public Plaza; and
WHEREAS, Through Block Arcade is the northern-most portion of 6 1/2 Avenue, which is a mid-block pedestrian pathway connecting West 51st Street to West 57th Street by a series of mid-block privately owned public spaces (POPS); and
WHEREAS, The first modification to the Through Block Arcade POPS Special Permit is to improve the signage at all three entrances, including:
- new print on the West 57th Street marquee that can be read from both east and west sides of the marquee,
- two updated decals on the northern glass doors that open on to West 57th Street,
- updated decals to each of the two southern glass doors that open on to West 56th Street Public Plaza; and
WHEREAS, previously there was
- no signage on the marquee,
- two outdated decals on the West 57th Street doors,
- one outdated decal on the eastern West 56th Street door,
- no decal nor any signage on the western West 56th Street door; and
WHEREAS, The second modification to the Arcade POPS Special Permit is the legalization of a bar as a permitted obstruction within the northern portion of the Through Block Arcade; and
WHEREAS, The bar was installed by the building’s previous owner, measures 19’ 7” in length and all together (the bar, the equipment behind the bar and the bartender work space) occupies 152 square feet of the narrow northern portion of the Arcade; and
WHEREAS, This proposed modification would also stipulate the configuration of 52 seats and 26 tables; and
WHEREAS, The applicant has agreed to have signage at the 26 tables that state “Public Space — No Service Required” and “Seating is Open to the Public without any purchase necessary”; and
WHEREAS, The original Through Block Arcade regulations were designed to incentivize retail use in order to activate public use of Through Block Arcades; and
WHEREAS, The previous owner operated the bar in the northern Through Block Arcade under the name “Knave” with 36 seats and 12 tables, and this narrow area of the Through Block Arcade was decorated with wide columns, wall ledges, and a gate between the northern and central portions of the Arcade, (the gate was allowed by previous approved modification in March 1988), but these items constricted the pedestrian path through the Arcade to as little as 6’5.5” wide; and
WHEREAS, This modification would remove the decorative ledges and gate, slim the columns, and provide an open path of at least 9 feet and up to 12 feet and 8 inches; and
WHEREAS, A third modification of the Arcade POPS Special Permit is within the other parts of the Through Block Arcade and will stipulate that throughout these areas there will be an additional 69 seats and 32 tables for public use, with the applicant agreeing to have signs at the tables indicating the public use of the seating; and
WHEREAS, Currently in the central, western, and eastern portions of the Arcade, there are 32 seats and no tables, although the previous March 1988 modifications stipulated there should be 54 seats and 18 tables in these areas; and
WHEREAS, The total amount of proposed seating for all areas of the Arcade combined is 121 seats and 58 tables, compared to the existing 68 seats and 12 tables; and
WHEREAS, The original 1979 Special Permit required plantings in the Through Block Arcade, this does not seemed to have ever occurred and the applicant says plantings will be installed within the Through Block Arcade; and
WHEREAS, The applicant has also agreed to the public use of the restrooms located down a staircase from the central section of the Arcade, previously only hotel guests with key cards had access to these restrooms, and hotel staff will monitor and maintain the restrooms 24 hours a day; and
WHEREAS, These public restrooms are not within the boundaries of either the Through Block Arcade or the Plaza, they will in effect be used as an additional public space and amenity; and
WHEREAS, The signage on all the Arcade door decals will state that Arcade is open from 7am-11pm, however because the Arcade is used as a hotel lobby, in practice the Arcade will be open, monitored, and maintained 24 hours a day by hotel staff; and
WHEREAS, The applicant has also stated that free WiFi will be available to the public in the Arcade 24 hours a day; and
WHEREAS, The fourth modification to the Arcade POPS Special Permit is a change to boundaries of the Through Block Arcade by swapping 128 square feet that is mapped as within the Arcade but is behind an existing wall and is in a lobby restaurant (“Indian Accent”) and these 128 square feet will be replaced in kind by adjusting the Through Block Arcade’s boundary lines to incorporate areas near the main guest lobby elevators, along the western sides by the newly pushed back front desk, and along the eastern sides of the Arcade; and
WHEREAS, The applicant is also seeking certifications to the public Plaza POPS on West 56th Street, which is 200 feet in length, 15 feet in depth, covers 2,743 square feet, and the associated bonus development rights of the Plaza were utilized by the developer in 1979 to generate an additional 27,430 square feet of floor area (10x the Plaza’s area or almost 1 FAR); and
WHEREAS, The current regulations for a Public Plaza are more detailed than the 1979 regulations when the Public Plaza was originally constructed, the current owner is proposing to bring the Plaza much closer to the current Public Plaza POPS Regulations; and
WHEREAS, The certification for the Design Change to the Plaza is to stipulate that the following will be added to the Plaza:
- four trees will be installed, which meets the city’s regulations for a Plaza of this size,
- each tree will be installed with other plantings in new above-ground planters and the four planters would occupy a total of 414 square feet (15% of the Plaza),
- two Public Plaza signs will be installed in two of the planters that are near the two West 56th Street Through Block Arcade entrances,
- 60 linear feet of benches will be attached to three of the tree planters (along with 16 moveable chairs in the Open Air Café for a total of 75.73 linear feet of seating),
- two trash cans will be installed in the Plaza,
- new lighting will be installed in the Plaza that will meet the current Public Plaza regulations, and
- the applicant has asked DOT to install two bike racks on the sidewalk in front of the Plaza; and
WHEREAS, The existing Plaza has:
- no trees or plantings (even though at least three trees were required in the original 1979 stipulations),
- no seating (except for 16 seats in the not-yet-legalized Open Air Café),
- no Public Plaza signage,
- no trash cans,
- no Plaza lighting,
- no bike racks; and
WHEREAS, The current Public Plaza regulations that are enumerated in ZR Section 37-70 would require any Public Plaza with the particular dimensions of this Plaza (200 feet in length and occupying 2,743 square feet): to have:
- a minimum of 20% of a Plaza square footage as plantings (or 549 square feet for this Plaza),
- at least 4 trees for this size of Plaza,
- at least 100 linear feet of seating (or at least 50-60 moveable chairs),
- at least 50% of the seating must have back support,
- at least five Public Plaza signs for a Plaza of these dimensions,
- at least three litter receptacles for a Plaza this size,
- specific minimum lighting requirements,
- bike parking for at least two bicycles within the boundaries of a Plaza this size (not outside the boundaries taking sidewalk space); and
WHEREAS, The other certification to the Plaza POPS is the legalization of an Open Air Café that has been existing since 2015; and
WHEREAS, The Open Air Café occupies the western most section of the Plaza, is 176 square feet or 6.4% of Plaza, is 12 linear feet wide, has 16 moveable seats and 8 moveable tables, and because of bulb-in of the sidewalk there is at least 9 feet (up to 12 feet) of open sidewalk space between the the Open Air Café/Plaza boundary line and the West 56th Street curb; and
WHEREAS, The applicant is permitted, under current regulations, to apply for an Open Air Café that may use up to 20% of the Plaza’s square footage (in this case 20% is 549 square feet); and
WHEREAS, The current operator of the Open Air Café is the “Indian Accent” restaurant, which utilizes the Open Air Café for lunch and dinner, seven days a week, weather permitting, year round; and
WHEREAS, The existing Open Air Café is currently non-complying with ZR Section 37-73 because the previous owners or operators needed certification to operate the Open Air Café, and the Open Air Café should have the required boundary markings in white paint on the Plaza ground; and
WHEREAS, The applicant confirmed that the Café boundary markings will be painted on the Plaza floor as required; and
WHEREAS, The applicant has also agreed to have signage at each of the moveable tables in the Open Air Café stating “Open to the Public - No Purchase Necessary”; and
WHEREAS, Community Board Five has long supported the creation and use of 6 1/2 Avenue, these modifications will make pedestrian travel through this part of 6 1/2 Avenue more comfortable by giving wider pathways through the Arcade and removing choke points; and
WHEREAS, Community Board Five has long been advocating for an increase in the number of clean, safe public restrooms in our district; and
WHEREAS, Community Board Five has been supportive of indoor POPS being open for more hours than the minimum required by the Department of City Planning in order for members of our community who don’t work traditional hours to also enjoy a safe, clean place to rest during their break time while working in our district; and
WHEREAS, Community Board Five has long advocated for additional passive-use, green spaces in our district; and
WHEREAS, Community Board Five has long been frustrated by non-compliance issues in multiple POPS throughout our district; and
WHEREAS, Though Community Board Five does not generally support after-the-fact legalization, especially when a location has been operating in non-conformance with city regulations for seven years as an Open Air Café and for decades as a Public Plaza and Through Block Arcade, Community Board Five recognizes that these violations were the making of the previous building owner and praise the current owners for their diligent effort to bring the plaza and arcade up to their public purpose mandate; and
WHEREAS, Although the applicant does not meet all the required minimums of the Zoning Resolution’s Plaza regulations, the applicant is making significant enhancements to the property’s public spaces, which, when taken all together, is substantial and positive for the neighborhood; therefore be it
RESOLVED, Community Board Five recommends approval of the application for the four non-ULURP modifications to the Special Permit set forth by Parker57 LLC for the Through Block Arcade POPS at 109-123 West 56th Street and 118 West 57th Street; and be it further
RESOLVED, Community Board Five recommends the approval of the application for a Chair certification for the Plaza Design Change under ZR Section 37-625 by Parker57 LLC for the Plaza POPS located at 109-123 West 56th Street; and be it further
RESOLVED, Community Board Five also recommends the approval of the application for a Chair certification under ZR Section 37-73 to legalize the use of an Open Air Café by Parker57 LLC in the same Plaza POPS at 109-123 West 56th Street.
After much discussion, the above bundled resolutions passed with a vote as follows 32 in favor, 0 opposed, 1 abstaining: IN FAVOR: Achelis, Athanail, Beitchman, Brosnahan , Chou, Dowson, Ellington, Ford, Frewer , Goshow, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Law-Gisiko, Livesay, Maffia, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Spandorf, Spence, Sung, Webb, Xu, Yong. ABSTAIN: Barbero.
Ms. Law-Gisiko gave a brief update on the CLIP Task Force (Community-led Improvement Plan) for the Penn Station neighborhood and surroundings. She stated that the Task Force has done outreach to most of the Elected Officials, Municipal Arts Society, Landmarks Preservation and Civic Organizations in order to get to know the delegation representing the board.
PARKS AND PUBLIC SPACES – craig slutzkin
Mr. Craig Slutzkin gave brief presentations on the following three bundled resolutions:
Review of NYC OTI; CityBridge proposal for a 5G Tower in CB5 District.
WHEREAS, New York City, through its Office of Technology and Innovation (OTI), has contracted with
CityBridge to install and operate a citywide wireless communications network; and,
WHEREAS, CityBridge installed its LinkNYC network as the initial deployment of the citywide wireless
communications network intended to replace outdated public pay phones; and
WHEREAS, LinkNYC has provided free wireless internet connectivity using towers placed on sidewalks
throughout NYC, many of which include electronic display screens; and
WHEREAS, CityBridge is now in the process of upgrading its LinkNYC network to 5G infrastructure; and
WHEREAS, Link5G infrastructure is a 32’ tall tower installed on sidewalks in the public right-of-way; and
WHEREAS, CityBridge and OTI stated that the 32’ height of the towers is required to align with 5G
equipment already installed on NYC street lighting poles by commercial providers; and
WHEREAS, Link5G towers in commercial districts include electronic screens similar to those found on
LinkNYC kiosks that display advertising and public information; and
WHEREAS, Design of the Link5G towers has been approved by the Public Design Commission; and
WHEREAS, Link5G must adhere to siting requirements determined by NYC Department of City Planning,
and must obtain Landmarks Preservation Commission approval if sited in historic districts; and
WHEREAS, CityBridge and OTI have proposed one (1) site at this time within Community Board Five for the installation of the new 5G Tower; and
WHEREAS, This location is on the northwest corner of 6 th Avenue and West 53 rd Street, in front of the Hilton Hotel, and will also have a bronze plaque imbedded into the sidewalk commemorating the location of the first cell phone call in history; and
WHEREAS, CityBridge and OTI stated that the location of the tower within CB5 was selected based on the commemoration of the first cell phone call; however, the plaque could be easily be imbedded without the new tower in place; and
WHEREAS, CityBridge and OTI stated that they currently do not have plans to install additional 5G towers in CB5 at this time but eventually they will be installed throughout the district replacing many of the 11’ high existing 4G kiosks and that there was no master plan for installations within CB5; and
WHEREAS, The locations of these future 5G towers are not yet known but they will be spread throughout the district in order to provide 5G coverage and some towers will be located within CB5’s Historic Districts impacting the historic character of those areas; and
WHEREAS, It is possible that future 5G towers are to be installed directly in front of residential apartments, and we believe that potentially 10’ of distance from a tower to a residence is permitted is extremely insufficient and should be revisited as a policy; and
WHEREAS, Concerns were expressed regarding the locations of the 5G towers on public sidewalks in CB5’s crowded midtown district given that the towers are infringing on the limited public space; and
WHEREAS, Concerns were also expressed regarding the aesthetic impacts of the towers given their height and visual prominence as shown in renderings; and
WHEREAS, It is not known, given the density of CB5, whether Link5G would even be necessary to address any digital deserts within CB5; and
WHEREAS, Suggestions were made to OTI and CityBridge for concealment of the 5G equipment and
exclusive use of existing light poles to mount equipment in lieu of new towers, which has other visual impacts as well, but OTI and CityBridge stated that this was not deemed feasible to provide adequate 5G coverage; and
WHEREAS, New York City is in control of this process through its contract with the provider; and
WHEREAS, CB5 appreciates the need for ever evolving technology to serve its district and its visitors and wishes to be a partner with OTI to ensure that Manhattan has state-of-the-art connectivity and other
technology; and
WHEREAS, CB5 concludes that more time and information is required to review the 5G towers, their
locations within 5G, and the towers’ impacts both visually and practically to the inhabitants of and visitors to CB5; and therefore be it
RESOLVED, that Community Board Five Manhattan disapproves the proposal as presented to install Link 5G towers at the northwest corner of 6 th Avenue and 53 rd Street, in front of the Hilton Hotel; and be it
FURTHER RESOLVED, that Community Board Five disapproves the installation of any Link 5G towers within the borders of CB5 until such time as all interested parties, including CB5, residents, business owners and community groups have a better opportunity to provide input and more information about locations of potential digital deserts be provided; and be it
FURTHER RESOLVED, Community Board Five requests that a moratorium be placed on construction and planning of Link5G poles and devices in our district.
After some discussion, the above three bundled resolutions passed with a vote as follows 31 in favor, 0 opposed, 1 abstaining: IN FAVOR: Achelis, Athanail, Beitchman, Brosnahan , Dowson, Ellington, Ford, Frewer , Goshow, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Law-Gisiko, Livesay, Maffia, McCall, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Spandorf, Spence, Sung, Webb, Xu, Yong. ABSTAIN: Barbero.
BUDGET, EDUCATION AND CITY SERVICES – renee kinsella
Ms. Kinsella announced that the committee heard from Councilmember Powers as he highlighted his legislative priorities which included a package of noise bills and the shortage of staff in many city agencies. She gave updates on the Fiscal budget process and stated that the Independent Budget Office overview of the current state of the city and their projections of the budget going forward. She announced also that the NY Civil Liberties Union came before the committee to discuss the NYPD strategic response unit.
PUBLIC SESSION
The public was invited to comment on topics of their interest.
Mike Kaback – announced free tours offered for the Garment district on Monday 16th.
Renee Kinsella - give a quick update on the bathroom task force stating that the committee is in the process of outreach to all the community boards in an initiative to create a text Amendment regarding the bathroom access in public plazas where they are trying to acquire the public plazas greater than 10 000 square feet in any areas that include food service, must also include public
restroom access.
Seeing no other 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,
Mary Brosnahan
Secretary
Samir Lavingia
Assistant Secretary