July 2023 Minutes

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July 2023

July 2023 Minutes

The Borough of Manhattan

Manhattan Community Board Five

mark levine, Borough President

Vikki Barbero, Chair

marisa maack, District Manager

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

Members Present

Nicholas Athanail

Vikki Barbero

Mohit Bhalodkar

Seth Borden

Mary Brosnahan

Julie Chou

Ankur Dalal

Sarah Dowson

Katherine Ellington(TD)

Aaron Ford

Kevin Frisz

Laura Garcia

Nancy Goshow

Tristan Haas

John Harris Jr.

Marc Hershberg

Elisabeth Hutton

Michael Kaback

Kathy Kahng

EJ Kalafarski

Renee Kinsella

Samir Lavingia

Layla Law-Gisiko

Joseph Maffia

Isabel Marks

Charles Miller

Charles Ny (TD)

Tod Shapiro

Bradley Sherburne

David Sigman

Sarah BJ Sung

James Michael Southworth

Sachi Takahashiria-Rial

Pete Webb

Zona Xu

Janice Yong

zool Zulkowitz

Present Part

Craig Slutzkin

Absent

David Achelis

Aidan Blake

Zarar Haider

Robert Isaacs

Sam Levy

Kimberly McCall

Christopher Nazarro

Craig Slutzkin

Excused

Public Members

Miriam Berman

Elected Officials

Jerry Nadler

Congressman

Elected Officials Reps

Franklin Richards

Councilmember Powers

Alex Marinidis

Senator Krueger

Robin Forst

Mayor’s Office of Community Affairs

Ben Lowenstein

Assembly Memb. Simone

Eric Strazza

Manhattan DA Bragg

Laurie Harjowirogo

Councilmember Bottcher

Kathleen German

Assembly Memb. Epstein

Bianni Rodriguez

Councilmember Rivera

James Giuliano

Assembly Member Bores

Mafusal Isman

Senator Gonzalez

Eric Cuello

Borough President Levine

Evelyn Collado

Comptroller Lander

Staff

Marisa Maack

District Manager

Kim Rodney

Community Coordinator

Mike Fissinger

Community Associate

Public Attendees

Lisa Wager

Brickay Sabbat

At 6:03pm on July 13, 2023 Public Hearing of Community Board Five was called to order by 1st Vice Chair Nick Athanail

PUBLIC HEARING

Lisa Wager - Director of Government Community Relations at FIT – informed the board of a showcase around hats and talked about the pre-college programs for Middle and High School students.

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

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

REPORTS OF ELECTED OFFICIALS/REPS

Evelin Collado – Comptroller Lander’s Office – spoke of Comptroller audits that were recently released of various agencies.

Franklin Richards – Councilmember Powers Office – announced the passing of FY 2024 budget and stated the full restoration of funds to the library and $5,000 to CB5. He also spoke of the release of the city’s mental health road map.

James Juliano – Assembly Member Bores’ Office – congratulated Layla on her appointment as President of the City Club of New York. He announced the introduction of an E-Bike Data Reporting bill to track accidents and respond to growing safety concerns and the introduction of the PAID Act, which would require political campaigns using Artificial Intelligence (AI) to generate campaign materials to clearly disclose its use.

Laurie Harjowirogo – Councilmember Bottcher’s Office – announced the passing of Department of Health Mental Healthcare bill that will play a significant role in helping to address the mental health crisis. She then spoke about an Urban Forest bill that the CM has been championing. She also announced the return of their Fresh Food for Seniors program.

Jerry Nadler – Congressman – spoke on Governor Kathy Hochul, local elected officials, and railroad partners in an announcement of their united support to advance Penn Station Reconstruction especially as the funding is currently available. He addressed the negative safety, noise, and environmental impact of tourist and commuter helicopters on New York City residents at the federal level and the FAA has cited efforts to accommodate existing state and local concessions agreements for non-essential helicopter operations as a challenge to restricting airspace. He also summarized a joint letter with Congressman Jeffries to FEMA seeking $104 million to help asylum seekers.

Eric Strazza - Manhattan District Attorney Bragg’s Office – spoke of coordinating the National Night Against Crime summer event and a recent gun buyback program along with other programs.

Erik Cuello – Borough President Levine’s Office – introduced himself as the Deputy Director of Community Affairs. He spoke of important items on the Borough President's agenda such as air quality and teaming up with Councilmember Keith Powers to introduce a comprehensive package of legislation to help ensure better air quality in schools, as well as municipal, commercial and residential buildings. He underscored the Borough President’s support for the City of Yes Carbon Neutrality at the Borough Board meeting, which seeks to modernize City's zoning regulations to support climate goals. Finally, he summarized a series of recommendations to manage the transformative impacts of generative AI in New York City.

Ben Lowenstein – Assembly Member Simone’s Office – spoke of legislation in the Assembly that helps people with disabilities get faster decisions from the state on care. He also mentioned legislation that strengthens regulations on the quality of pet food. He announced legislation that protects interns from discrimination based on their gender identity; the ability to help conserve our shark populations offshore; legislation to strengthen elections with a secure ballot drop-off box; the creation of a new state tax exemption for student loan interest; and to regulate biometric technology. He announced that Assembly Member Simone was happy to join CB5 at the previous night's excellent meeting regarding the ASTM plan for Penn Station.

Alex Marinides – Senator Krueger’s Office – announced the Healthy Homes NY 101 virtual townhall event and constituent events at which constituents can to meet with the staff directly for help with a variety of issues.

Robin Forst – Mayor Adam’s Office – congratulated the Board on its transition to a hybrid format. She then spoke on the initiative by the mayor, “Breaking Bread and Building Bonds,” a part of the Mayor Adams’ anti-hate initiative.

Mafusal Isman – Senator Gonzalez’s Office – informed the board on the opening of District office at 801 2nd Avenue Suite 303, New York, New York, 10017.

Bianny Rodriguez – Councilmember Rivera’s Office – shared a few of their discretionary funding allocations for fiscal year 2024. She announced that the Department of Sanitation has installed composting cans across the city and that legislation introduced by Councilmember Carlina Rivera to address excessive siren noise was heard in June.

Kathleen German – Comptroller Lander’s Office – announced a number of upcoming summer events.

Business Session

CHAIR'S REPORT – Vikki Barbero

Chair Barbero welcomed the board members back for CB5’s first in-person meeting since the city’s Covid restrictions had been lifted. She mentioned that although the circumstances were quite unusual, CB5 has had a successful past three years citing that in addition to the board’s accomplishments, we found that remote hearings saw better attendance by board members and by members of the public. She reminded members that we are now conducting hybrid meetings, which means our meetings are in-person but we also provide remote access for the public. She went over Parliamentary Procedure and asked members to speak clearly and loud enough so that those who are listening remotely can hear the deliberations and understand how CB5 operates. She also requested that members give their names before speaking. Lastly, Chair Barbero mentioned that except for the SLAP Committee, CB5 does not officially meet during the month of August. The board office, however, will be open even though the board is on hiatus.

Chair Barbero congratulated CB5’s Land Use, Housing & Zoning Committee on receiving The Historic Districts Council (HDC) Grassroots Preservation Award. She mentioned that HDC recognized the Committee for “passionately and carefully reviewing, advising, and making recommendations around significant land use issues in CB5’s district, including the proposed Penn Station Redevelopment area.” On behalf of the Committee, Layla Law-Gisiko and Aaron Ford accepted the award.

Committee reports

PARKS AND PUBLIC SPACES – Craig Slutzkin

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

Application from Madison Square Park Conservancy for “FETE DU FELINE”; By Fancy Feast (Purina), a marketing event in Madison Square Park; From August 7, 2023 to August 8, 2023.

WHEREAS, The Madison Square Park Conservancy (the “Applicant”) intends to submit a permit application to the Parks Department for “Fete Du Feline” by Fancy Feast, a marketing event to be held in the southwest gravel section of Madison Square Park on August 7-8, 2023; and

WHEREAS, Set-up would commence at 12am on August 7th; with the installation ending and the event officially opening to the public and beginning at 5pm on August 7th, ending at 5pm on August 8th, and with cleanup and dismantling of the event in all respects to be finished on August 9th by 3am; and

WHEREAS, This is a two-part event:

Press and influencers/VIPs: August 7th from 5pm to 6:30pm
General public: August 8th from 11am to 5pm in conjunction with International Cat Day; and

WHEREAS, Fancy Feast will be serving free food tastings to the public in a setting similar to a traditional “garden party”; the menu will include human food inspired by their various lines of cat food; and

WHEREAS, The food will be cooked mostly offsite with assembly of components done at an electric back of house kitchen; and

WHEREAS, There will be food distributed on both days but beer and wine only to VIPs on the first evening; and

WHEREAS, Within the activation, Fancy Feast will have a meet and greet with a cat ambassador, a cat nutritionist, calligraphy/engraving, an Instagram wall, and a cat caricaturist/portrait artist; and

WHEREAS, All temporary structures for this event are within previously approved size and shape; and

WHEREAS, Fancy Feast will also give away canvas tote bags; and

WHEREAS, Sanitation and crowd control will be handled by 15 to 20 brand ambassadors; and

WHEREAS, Trash bags and dumpsters will be available for sanitation; and

WHEREAS, Four, 10’ floor speakers will be used for background music not to exceed 90 decibels, and

WHEREAS, No microphones or subwoofers will be used; and

WHEREAS, The event is expected to have approximately 700 participants over the course of the activation; and

WHEREAS, Fancy Feast will bring in their own generators which will be powered either by diesel or gasoline; and

WHEREAS, The Applicant has agreed to explore whether future partners can use generators that are not powered by fossil fuels and hence less impactful on the environment; and

WHEREAS, Signage appears to be within previously acceptable parameters and will be within the activation space; and

WHEREAS, Any filming of the Event which might include the public will be handled only with the written releases of said individual(s); and

WHEREAS, Every attempt will be made to minimize the impact on the use of the park by the general public, and

WHEREAS, Applicant has indicated that in return for the private use of public space for this event, a substantial contribution to the Applicant will be made, which is consistent with past practice and necessary for the funding of the park per its contractual agreement with the Parks Department, that allows for four annual marketing events, of which this is the first for 2023; and

WHEREAS, All operational aspects of the event, including sanitation and potential queueing, have been planned for in a satisfactory manner; and

WHEREAS, Community Board Five believes that the nature and conduct of the event as proposed is satisfactory and consistent with its past approvals for the four marketing events done in past years; therefore, be it

RESOLVED, Community Board Five recommends approval of the application from Madison Square Park Conservancy for “Fete du Feline” by Purina, a marketing event in Madison Square Park from August 7th to August 8th, 2023.

The above resolution passed with a vote of 37 in favor, 0 opposed, 1 abstained: IN FAVOR: Athanail, Bhalodkar, Borden, Brosnahan, Chou, Dalal, Dowson, Ellington, Ford, Frisz, Garcia, Goshow, Haas, Harris Jr., Hershberg, Hutton, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Maffia, Marks, Miller, Ny, Shapiro, Sherburne, Sigman, Slutzkin, Southworth, Sung, Takahashiria-Rial, Webb, Xu, Yong, Zulkowitz. ABSTAIN: Barbero.

BUDGET, EDUCATION AND CITY SERVICES COMMITTEE

Ms. Kinsella gave a brief presentation on the following resolution.

‘Shed the Shed’ Initiatives and legislative package regarding Sidewalk Shed

WHEREAS, New York City has over 280 miles of scaffolding, also known as sidewalk sheds; and

WHEREAS, Manhattan has over 4,000 of these sidewalk sheds; and

WHEREAS, Sidewalk sheds are erected to prevent masonry and debris falling into the streets; and

WHEREAS, Sidewalk sheds stay up an average of 498 days; and

WHEREAS, Some sidewalk sheds have remained in place for years; and

WHEREAS, Sheds negatively impact local businesses and quality of life and remove space from the public realm; and

WHEREAS, Sheds often remain in place as a cheaper alternative to expensive facade repairs; and

WHEREAS, Shed the Shed initiative proposed by the Manhattan Borough President along with a legislative package of nine bills introduced by Council Members Powers, Bottcher and Marte have been created to strengthen oversight around scaffolding, provide incentives for building facade compliance and provide measures to shorten the time period sheds may remain in place; and

WHEREAS, The public right of way is extraordinarily valuable and the goal of this initiative and the accompanying bills is to ensure that the public realm is reclaimed for public use; and

WHEREAS, The initiative and bills are still in the formative stage and;

WHEREAS, The package of bills is designed to work in tandem to achieve maximum impact; and

WHEREAS, The proposed bills and initiatives will require further discussion and determination as to their specific requirements along with coordination with the Department of Buildings and

WHEREAS: Intro 970 will establish new design requirements for scaffolding, such as allowing the structures to be painted in several different colors, raising sheds to a12 foot minimum height and provide alternatives to scaffolds such as the use of mesh nets;

WHEREAS, Intro 971 will require any trees that are damaged or removed when setting up equipment to be repaired or replaced within 6 months; and

WHEREAS, Intro 972 will create timelines for the removal of scaffolding if no active construction is taking place and allow the City to correct the unsafe conditions on the facades and bill the property owner for the repair; and

WHEREAS, Intro 973 will allow newly constructed buildings to have their first facade examination take place in eight years instead of five since they use safer materials; and

WHEREAS, Intro 973 will also require the Department of Buildings to coordinate inspections on the same block so facade repairs happen simultaneously; and

WHEREAS, Intro 452 will allow the City to consider a pilot program involving drones, in conjunction with physical examinations, for the inspection of building faces; and

WHEREAS, Intro. 954 will establish heightened design standards for scaffolding that is obstructing public amenities like parks and playgrounds; and

WHEREAS, Intro. 955 will provide for better lighting under the scaffolding, replacing outdated lighting technology with new LED lighting strips and for a uniform light level to be present throughout a shed; and

WHEREAS, Intro. 956 will require property owners to apply for facade work permits within six months after scaffolding is erected and if they have not done so they will be subject to fines; and

WHEREAS, Intro 966 requires the Department of Buildings to inspect scaffolding every six months and issue an administrative fee per inspection; and

WHEREAS, Community Board Five members have requested that cameras be included as a part of any change to these legislative changes; and

WHEREAS, Community Board Five members have expressed dismay with the proliferation of sheds throughout the district; and

WHEREAS, Community Board Five members have indicated that this multifaceted proposal and associated bills provide a good first step in combating these sheds; and

WHEREAS, Community Board Five members recognize that this initiative and bills are a holistic approach that are currently a work-in-progress which will become more comprehensive and have more clarity over time; and

RESOLVED Community Board Five supports Shed the Shed Initiatives and legislative package of bills.

Ms. Kinsella then informed the Board that they will be working on the District Needs and Budget Priorities in the upcoming months.

LANDMARKS – Layla Law-Gisiko

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

900 Broadway, between East 19th and 20th Streets, Application for Amendments to the Master Plan.

WHEREAS, 900 Broadway, located on the northeast corner of 30th Street and Broadway is a 10-story commercial building in the Ladies’ Mile Historic District of Manhattan; and

WHEREAS, The building was originally built in 1886-1887 with six stories, designed by prominent architectural firm McKim, Mead & White; and

WHEREAS, The building was renovated by the firm Maynicke & Frank in 1905-1906 including the addition of four extra stories, façade modifications and significant structural reinforcements; and

WHEREAS, The New York City Landmarks Preservation Committee approved the building’s existing master plan in 2003 which sought to address and reverse alterations completed in the mid-20th century that were incompatible with the building’s historical context; and

WHEREAS, Subsequent to the approval of the master plan, the applicant commissioned extensive research studies of the existing fabric of the building which yielded new discoveries of the original condition of the building as it was erected by McKim, Mead & White; and

WHEREAS, The proposed amendments to the master plan seek to incorporate these new findings, namely the redesign and renovation of the main entryway at the southernmost bay on Broadway including the replacement of infill of the two-story base of the building and replacement of a service entrance door on the E. 20th Street side; and

WHEREAS, The new main entry will recreate a reasonable facsimile of the original design, remove two stone half column posts and recast the entrance bay in decorated cast-iron outfitted with the original paint scheme, a replicated bronze, and contextualize the historic character of the building; and

WHEREAS, The new main entryway double doors will be solid steel and painted with a formulation created by Jablonski Building Conservation to match the existing windows and original finish; and

WHEREAS, The applicant also proposes modifications to the service entryway, replacing the existing wooden door and framing with a new door that will mimic the original; and

WHEREAS, The requested modifications should be incrementally positive developments for accessibility given the main entryway doors will each measure four feet in width with center-pivot providing effectively more expansive opening than the existing structure and otherwise no configuration or level changes are contemplated; and

WHEREAS, The proposed modifications to the existing plan address elements that were influenced by the renovations completed under Maynicke & Franke, as determined by research and investigation undertaken subsequent to the existing master plan’s approval and these entryway elements are now inappropriate and ability to reconstruct consistent with the original condition should be granted; 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 harmonious with the building’s historic elements, represent an improvement to the existing mater plan, and appropriate to the building’s restoration; therefore, be it

RESOLVED, Community Board Five recommends approval of the application by the applicant at 900 Broadway, for restoration and renovative work on the façade under the proposed master plan amendments as the modifications are appropriate and considerate to the historic fabric of the building, and further be it

RESOLVED, Community Board Five suggests the applicant reconsider the proportions of the main entryway subject to these modifications, specifically the alignment of the infill windowpane elements between the split upper and lower portions of the bays.

After brief discussion, the above resolution passed with a vote of 37 in favor, 0 opposed, 1 abstained: IN FAVOR: Athanail, Bhalodkar, Borden, Brosnahan, Chou, Dalal, Dowson, Ellington, Ford, Frisz, Garcia, Goshow, Haas, Harris Jr., Hershberg, Hutton, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Maffia, Marks, Miller, Ny, Shapiro, Sherburne, Sigman, Slutzkin, Southworth, Sung, Takahashiria-Rial, Webb, Xu, Yong, Zulkowitz. ABSTAIN: Barbero.

Ms. Law-Gisiko then presented the following resolution:

455 Madison Avenue, between East 50th and 51st Streets, application to modify the existing design of the courtyard paving.

WHEREAS, Lotte New York Palace, located at 451 – 455 Madison Avenue (the Applicant) and bounded by 50th and 51st streets, was constructed between 1882 and 1884 and designed by famed architects McKim, Mead & White; and

WHEREAS, The property (then known as Henry Villard Houses) was designated as a NYC Landmark in 1968; and

WHEREAS, The Landmarks Preservation Commission (LPC) Designation Report notes that, “nowhere in New York City does there exist another unified group of brownstone residences of such magnitude as this cluster standing on Madison Avenue. This great complex of Italian Renaissance townhouses is . . . welded into one U-shaped unit, surrounding a courtyard originally planned as a turn-around for carriages,” and;

WHEREAS, The courtyard has fallen into a state of disrepair and is in the process of restoration; the Applicant proposes to replace the existing pattern of granite paving slabs with a design centered around an 8-pointed star and encircled by granite paving slabs laid out in a geographic design, as shown on Attachment 1 (page 19 from the applicant proposal) and;

WHEREAS, The Applicant proposes to replace/repair the existing sandstone steps from the courtyard to the building in kind with like materials; and

WHEREAS, The courtyard has been modified several times throughout its existence, starting originally as a grass circle surrounded by a driveway, then as a courtyard utilizing smaller pavers in the 1940’s, a Celtic-knot pattern in the 1970’s, and the current pattern installed under a certificate of appropriateness in 2013; and

WHEREAS, The Applicant specifically cites the Piazza del Campidoglio as inspiration for its proposed design; and

WHEREAS, The Applicant stated that the proposed modifications would have beneficial impacts on both stormwater drainage and accessibility; and

WHEREAS, The Committee considered the proposed design for the courtyard in the context of the entire complex, where it is an independent component of the U-shaped unit, and found the proposed design to be appropriate, thoughtful, respectful, and sensitive, therefore, be it

RESOLVED, Community Board Five recommends approval of the application to modify the existing design of the courtyard paving at 451 -455 Madison Avenue, between East 50th and 51st Street.

After brief discussion, the above resolution passed with a vote of 36 in favor, 1 opposed, 1 abstained: IN FAVOR: Athanail, Bhalodkar, Borden, Brosnahan, Chou, Dalal, Dowson, Ellington, Ford, Frisz, Garcia, Goshow, Haas, Harris Jr., Hutton, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Maffia, Marks, Miller, Ny, Shapiro, Sherburne, Sigman, Slutzkin, Southworth, Sung, Takahashiria-Rial, Webb, Xu, Yong, Zulkowitz. OPPOSED: Hershberg. ABSTAIN: Barbero.

LAND USE, HOUSING AND ZONING – Layla Law-Gisiko

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

1700 Broadway, between West 53rd and 54th Street, application requesting a certification under 37-73 (c) to facilitate an open air café renewal currently expiring 7/28/2023.

WHEREAS, 1700 Broadway Owner LLC (the “Applicant”) seeks approval of an application pursuant to Section 37-73 of the Zoning Resolution of the City of New York (“Zoning Resolution” or “ZR”) for a certification by the Chairperson to permit a 1,400 square foot open air café (the “Café”) to continue operating within an existing public plaza (the “Plaza”), as allowed by ZR Section 37-73(b) (the “Certification”), located at 1700 Broadway (Manhattan Block 1025, Lot 25) (the “Development Site”), in Manhattan Community Board 5; and

WHEREAS, The Development Site is improved with a 41-story commercial building, including ground floor restaurant use (the “Building”), originally constructed in the late 1960s with an 82,800-square foot bonus attributable to the Plaza; and

WHEREAS, The Plaza received certifications for design modifications and an open air café from the City Planning Commission (“CPC”) on June 23, 2010 and July 1, 2010, respectively; and

WHEREAS, On June 21, 2013, the then-operator of the Café applied for a renewal of the Café Certification, which was granted by the CPC Chair on September 24, 2013, for a term of three years, which lapsed on September 24, 2016 ; and

WHEREAS, The Applicant purchased the Building in January 2018 and applied for a new Café Certification, which was granted by the CPC Chair on July 28, 2020 for a new café tenant/operator (Shake Shack); and

WHEREAS, The Café is currently operating under a Chairperson’s Certification expiring July 28th, 2023; and

WHEREAS, No changes to the Café are proposed from the plans approved in connection with the last Café Certification; and

WHEREAS, The Café would continue to have 25 tables and 60 chairs; and

WHEREAS, The Cafés area of 1,400 square feet or 16.9% of the Plaza’s area, would continue to comply with the 20% maximum allowed for an open air café per ZR 37-73(b); and

WHEREAS, The Café would continue to be serviced from the restaurant space on the ground floor of the Building, which would allow for servicing of the Café without having any wait-staff cross the portion of the Plaza fronting West 53rd Street; and

WHEREAS, The Café will allow anybody to sit at the tables in the Plaza while adding signage that denotes the seating is open to the public; and

WHEREAS, The Café will not allow public bathroom access; and

WHEREAS, Members of the public discussed various issues with this Plaza, including but not limited to, trash overflow, loitering and drug use, noise, and traffic from food delivery; and

WHEREAS, The Applicant has agreed to speak with their delivery partner (“PFG”) about the noise disturbances and traffic issues; and

WHEREAS, The Applicant has agreed to add more trash containers in the open space to encourage customers to dispose of their trash in the proper receptacles, and remove waste from full City trash containers; and

WHEREAS, The Applicant has agreed to add signage prohibiting loitering, and will continue to work with residents on how to best balance public use of the outdoor seating while ensuring the space is used appropriately; and

WHEREAS, The Applicant has agreed to meet with residents in the vicinity of the Plaza at a later date to solidify their plans in addressing these issues; and

WHEREAS, CB5 requests that this meeting be scheduled in advance of the next Full Board meeting; and

RESOLVED, Community Board Five recommends denial of the application for the continued operation of an open air café despite the Applicant addressing the concerns brought up surrounding littering and trash, loitering, and food delivery loading, given that a meeting with local residents was not scheduled in advance of the Full Board meeting.

After further discussion on the issue of loitering and the nature of the use of the space, the above resolution passed with a vote of 30 in favor, 6 opposed, 2 abstained: IN FAVOR: Athanail, Bhalodkar, Brosnahan, Chou, Dowson, Ellington, Ford, Frisz, Garcia, Goshow, Harris Jr., Hutton, Kaback, Kahng, Kalafarski, Kinsella, Law-Gisiko, Maffia, Marks, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Southworth, Sung, Webb, Xu, Yong, Zulkowitz. OPPOSED: Borden, Dalal, Haas, Lavingia, Ny, Takahashiria-Rial. ABSTAIN: Barbero, Hershberg.

Ms. Law-Gisiko gave a report on an issue to do with a building on the corner of Eighth Avenue and 46th Street at 740 8th Avenue that has received a permit from the Department of Buildings for a hotel that has an amusement ride at the very top of the building. She stated that with this particular situation an amusement ride is actually not a permitted use in CB5 district. The stated reason under which the building permit was issued is that the developer made the case that it qualified as an accessory use to a hotel. She stated that although it was not an application and the board was not asked to weigh in they felt that it was important to look at it for a variety of reasons, but the main objection is that an amusement ride is not a conforming use and is not customarily found in hotels. She further explained that the accessory use determination could create a precedent under which a casino may be permitted, circumventing the land use review process under which use change must undergo.

Further, Ms. Law-Gisiko stated that there is a comprehensive package of zoning text amendments proposed by the Department of City Planning that could address the aforementioned use issues. She stated that rather than issuing a resolution given that it is not an application, a letter will be sent to the Department of Buildings.

STATE LICENSES AND PERMITS – nicholas athanail

Mr. Athanail gave a brief presentation on the following bundled resolution:

T&C Distribution LLC dba “Stoops” 182 Fifth Avenue (between 22nd and 23rd St), New York, NY, application for a Conditional Adult-Use Retail Dispensary (CAURD) Cannabis license.

WHEREAS, T&C Distribution LLC (“Applicant”), has notified Community Board Five of its intention to apply for Conditional Adult-Use Retail Dispensary (“CAURD”) Cannabis license for the premises located at 182 Fifth Avenue (between 22nd and 23rd Streets), New York, NY (the “Premises”); and

WHEREAS, The CAURD license is for the first of New York's legal adult-use retail dispensaries which are operated by those most impacted by the enforcement of the prohibition of cannabis or nonprofit organizations whose services include support for the formerly incarcerated; and

WHEREAS, CAURD dispensaries are making legal adult-use sales with cannabis products grown by farmers across New York State; and

WHEREAS, CUARD dispensaries are making legal adult-use sales with cannabis products grown by farmers across New York State; and

WHEREAS, The Premises was chosen by the Dormitory Authority of the State of New York (“DASNY”) and the NYS Social Equity Cannabis Investment Fund for the establishment of a CUARD operation; and

WHEREAS, The Premises is 2,953 square feet for customer use on the ground and mezzanine floors of the building, with a cellar for storage and back of house use; and

WHEREAS, Applicant seeks daily hours of operation from 10:00 A.M. to no later than 10:00 P.M. seven nights a week, or lesser hours based on the needs of the operation; and

WHEREAS, Although CB5 finds the Applicant professional, qualified, and responsive to community requests, and the business operation satisfactory and compliant with all OCM operating requirements, we cannot support the location of the Premises; and

WHEREAS, While CB5 finds an acceptable distance between a cannabis establishment and a public park to be no less than 500 feet, the Premises is only 392 feet from Madison Square Park and only 225 feet from the Flatiron/NoMad public pedestrian plaza; 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 this position; and

WHEREAS, Because of the proximity of The Premises to a public park and pedestrian plaza, CB5 cannot support the operation of a cannabis establishment at this location; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by T&C Distribution LLC for a Conditional Adult-Use Retail Dispensary Cannabis license for the premises located at 182 Fifth Avenue (between 22nd and 23rd Streets), New York, NY.

GMJT LLC dba “Cookies” 958 Sixth Avenue at the southeast corner of 6th Ave 35th St, New York, NY, application for a Conditional Adult-Use Retail Dispensary (CAURD) Cannabis license.

WHEREAS, GMJT LLC (“Applicant”), has notified Community Board Five of its intention to apply for Conditional Adult-Use Retail Dispensary (“CAURD”) Cannabis license for the premises located at 958 Sixth Avenue at the southeast corner of Sixth Avenue 35th Street, New York, NY (the “Premises”); and

WHEREAS, CAURD dispensaries are making legal adult-use sales with cannabis products grown by farmers across New York State; and

WHEREAS, The Premises was found by the Applicant for approval by the Office of Cannabis Management and the Dormitory Authority of the State of New York (“DASNY”) for the establishment of a CAURD operation; and

WHEREAS, The Premises is 2,400 square feet for customer use on the ground and second floors of the building, with a cellar for storage and back of house use; and

WHEREAS, Applicant seeks daily hours of operation from 8:00 A.M. to 2:00 A.M seven days a week, or lesser hours based on the needs of the operation; and

WHEREAS, In response to a request by CB5, Applicant agreed to modify its hours of operation to be no later than 10:00 PM, seven days a week; and

WHEREAS, The Applicant agreed to bring the Premises into compliance with signage and advertising requirements and other regulations as described in the Packaging, Licensing, Marketing and Advertising (PLMA) regulations issued March 22, 2023 by OCM.

WHEREAS, While CB5 finds an acceptable distance between a cannabis establishment and a public park to be no less than 500 feet, the Premises is only 74 feet from Herald Square Park; 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 this position; and

WHEREAS, Because of the proximity of The Premises to a public park, CB5 cannot support the operation of a cannabis establishment at this location; therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by GMJT LLC for a Conditional Adult-Use Retail Dispensary Cannabis license for the premises located at 958 Sixth Avenue, New York, NY, New York, NY.

After some discussion about the Board’s Cannabis guidelines and whether they should be revisited, the above resolutions passed with a vote of 37 in favor, 0 opposed, 1 abstained: IN FAVOR: Athanail, Bhalodkar, Borden, Brosnahan, Chou, Dalal, Dowson, Ellington, Ford, Frisz, Garcia, Goshow, Haas, Harris Jr., Hershberg, Hutton, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Maffia, Marks, Miller, Ny, Shapiro, Sherburne, Sigman, Slutzkin, Southworth, Sung, Takahashiria-Rial, Webb, Xu, Yong, Zulkowitz. ABSTAIN: Barbero.

TRANSPORTATION/ENVIRONMENT COMMITTEE – ej kalafarski

Mr. Kalafarski gave brief presentations on the following bundled resolutions:

Request by Unique Global Travel, LLC, for an intercity bus stop on the east side of Madison Avenue between East 26th Street and East 27th Street, closer to East 26th Street

WHEREAS, Unique Global Travel, LLC, requests an intercity bus stop from the Department of Transportation (“DOT”) on the east side of Madison Avenue between East 26th Street and East 27th Street, closer to East 26th Street, for three daily pickups Monday through Sunday at 7 A.M., 8 A.M. and 4 P.M. and three daily drop-offs Monday through Sunday at 6 P.M., 7 P.M. and 1:35 A.M., and

WHEREAS, The requested location is currently marked No Standing and would be shared with Executive Coach, Inc., and the MTA BXM4C, and according to DOT the length of the site allows for the addition of another bus company; and

WHEREAS, This is an intercity bus, and the destination is Ithaca, New York; and

WHEREAS, While the DOT request specifies three pickups and three drop-offs per day, seven days a week, the Applicant clarified that they intend to operate only once or twice a week at a variable schedule, with one pickup around 7 A.M. one or two weekdays per week based on demand, a pickup around 4 P.M. one weekend day a week based on demand, and a nighttime drop-off one or two days a week based on demand; and

WHEREAS, Community Board Five found little concern with the Applicant’s intended use and frequency, but expressed serious concern that DOT was preparing to license the Applicant for as many as 21 pickups and 21 drop-offs each week, despite the fact that the Applicant has no intention of operating at that frequency, and also serious concern that DOT’s letter did not explain or indicate an understanding of the Applicant’s intended operating frequency and seems prepared to license an order of magnitude more pickups and drop-offs than have been requested by any operator; and

WHEREAS, Community Board Five expressed serious concern for the number of new pickups and drop-offs proposed by DOT, but would have little concern with the much more limited operating schedule proposed by the Applicant; and

WHEREAS, Community Board Five has serious concerns with the licensing of as many as 21 weekly pickups and 21 weekly drop-offs that have not been quantitatively requested by the Applicant or any other operator, including the prospect that DOT could be licensing pickups and drop-offs not currently being requested but which could then begin to be utilized in the future with no further notification or oversight by the Applicant, by another operator who gains ownership of the licenses, or by an operator who acquires the Applicant, and that this kind of blanket licensure of such a high number of unrequested pickups and drop-offs would be an irresponsible move by the city; and

WHEREAS, Community Board Five continues to call on DOT to develop a comprehensive plan for street use in the district in conjunction with the city’s appointed Chief Public Realm Officer, and reiterates its stated position that when the Port Authority’s reconstruction of the Port Authority Bus Terminal is complete, which will include the construction of a new intercity bus terminal, all point-to-point intercity bus service must be taken off the sidewalks of midtown Manhattan and moved into the new intercity terminal; and

WHEREAS, The Applicant posted notices of the Application on the block and delivered notices of the Application to other businesses on the block, as requested by Community Board Five; and

WHEREAS, No significant objections as to the proposed location of the stop and the Applicant’s specific intended operating frequency were raised by members of the community at committee; and therefore be it

RESOLVED, Community Board Five finds significant objections to the bus stop’s pickups and drop-offs as proposed for licensure by DOT, as they represent a frequency and order of magnitude of pickups and drop-offs that would be licensed with no request and made available in excess for potential future abuse, but notes that Community Board Five would have had no significant objection for the usage as actually requested by the Applicant for one or two pickups and drop-offs per week at the requested location by Unique Global Travel, LLC, for an intercity bus stop on the east side of Madison Avenue between East 26th Street and East 27th Street, closer to East 26th Street.

Request by Durama Tours Inc., dba The Ride, for 3 sightseeing bus stops, on the east side of 8th Avenue between West 39th Street and West 40th Street; north side of West 42nd Street between 7th Avenue and 8th Avenue; and north side of West 45th Street between 7th Avenue and Shubert Avenue

WHEREAS, Durama Tours Inc., dba The Ride, requests a sightseeing bus stop from the Department of Transportation (“DOT”) on the east side of 8th Avenue between 39th and 40th Streets, (closer to West 40th Street), in front of 618 8th Avenue, for pickups and drop-offs Monday through Sunday 11:30 A.M. through 9:25 P.M. with a frequency of 1 trip every one and a half hours; and

WHEREAS, The requested location on 8th Avenue is currently marked No Standing, is already licensed to Experience the Ride, LLC; Experience the Ride, LLC, is no longer in service; Durama Tours, dba The Ride, is requesting to replace Experience the Ride NY, LLC; and according to DOT this site allows for the addition of another bus company; and

WHEREAS, Durama Tours Inc., dba The Ride, requests a sightseeing bus stop from DOT on the north side of West 42nd Street between 7th Avenue and 8th Avenue, (closer to 8th Avenue), in front of 261 West 42nd Street, for pickups and drop-offs Monday through Sunday 10:50 A.M. through 9:30 P.M. with a frequency of every 10-30 minutes; and

WHEREAS, The requested location on West 42nd Street is currently marked No Standing, is already licensed to three sightseeing bus operators including Big Bus Tours New York, Gray Line New York Tours, Inc. and Experience the Ride NY LLC; Experience The Ride NY, LLC, is no longer in service; Durama Tours, dba The Ride, is requesting to replace Experience the Ride NY, LLC; and according to DOT this site allows for the addition of another bus company; and

WHEREAS, Durama Tours Inc., dba The Ride, requests a sightseeing bus stop from the Department of Transportation (“DOT”) on the north side of West 45th Street between 7th Avenue and Shubert Avenue, (closer to Broadway), for pickups and drop-offs Monday through Sunday 11:10 A.M. through 9:55 P.M. with a frequency of 1 trip every 45 minutes; and

WHEREAS, The requested location on West 45th Street is currently marked No Standing; is already licensed to Experience the Ride NY, LLC; Experience the Ride NY, LLC, is no longer in service; Durama Tours, dba The Ride, is requesting to replace Experience the Ride NY, LLC; and according to DOT this site allows for the addition of another bus company; and

WHEREAS, The Applicant posted notices of the Application on the block and delivered notices of the Application to other businesses on the block, as requested by Community Board Five; and

WHEREAS, No significant objections were raised by members of the community at committee; and

RESOLVED, Community Board Five finds no significant objection to the request for Durama Tours Inc., dba The Ride, for pick-ups/drop-offs for a sightseeing service within New York City at three locations: east side of 8th Avenue between West 39th Street and West 40th Street; north side of West 42nd Street between 7th Avenue and 8th Avenue; and north side of West 45th Street between 7th Avenue and Shubert Avenue.

Request by D&J Service, Inc., providing service for the East 34th Street Midtown Ferry Terminal, for six shuttle bus stops on Lexington and Madison Avenues between East 38th and East 47th Streets.

WHEREAS, the Applicant, D&J Service, Inc., providing service for the East 34th Street Midtown Ferry Terminal, has applied for six shuttle bus stop locations:

Lexington Avenue between East 40th and East 41st Streets, (located closer to East 41st Street), on the west side of the street,
Lexington Avenue between East 45th and East 46th Streets, (located closer to East 46th Street), on the west side of the street,
Madison Avenue between East 38th and East 39th Streets, (located closer to East 38th Street), on the east side of the street,
Madison Avenue between East 41st and East 42nd Streets, (located closer to East 41st Street, on the east side of the street,
Madison Avenue between East 44th and East 45th Streets, (located closer to East 44th Street), on the east side of the street, and
Madison Avenue between East 46th and East 47th Streets, (located closer to East 46th Street), on the east side of the street; and

WHEREAS, The current parking regulation at the proposed locations are No Standing; and

WHEREAS, Five of the six proposed bus stops are existing bus stops and would share their locations with the following MTA buses: SIM6/SIM11/SIM22/SIM26, QM21, BXM6/BXM18, and BXM3/BXM4; and

WHEREAS, Pickups and drop-offs for the proposed locations would be Monday to Friday from 6:30 A.M. to 10:00 A.M.. and 4:00 P.M. to 7:30 P.M., approximately every 20 minutes; and

WHEREAS, New York City Department of Transportation (“DOT”) has determined that the proposed shuttle service is feasible at the locations identified and does not conflict with the MTA schedule, adding that it is a commuter service with expeditious pickups and drop-offs; and

WHEREAS, The Applicant has been contracted by HNY Ferry, dba NYC Ferry, to service this existing route, which has been in operation the past four years and was previously fulfilled by a different contractor whose permits have expired; and

WHEREAS, The Applicant’s buses are ADA-compliant and free to ride for the public, regardless of ferry use; and

WHEREAS, There were no comments from the community in regard to the proposed stops; and

WHEREAS, Community Board Five’s Transportation & Environment Committee therefore determined that there was little concern with the proposed stops, given that the Applicant is providing an existing commuter service in collaboration with the city; and

WHEREAS, Community Board Five’s Transportation & Environment Committee only had concern that the Applicant has been operating without the required bus stop permits and noted that approval of this application should not be taken as precedent for Community Board Five approval of future applications made by applicants operating without a permit for any period of time; and

WHEREAS, Community Board Five continues to call on DOT to develop a comprehensive plan for street use in the district; therefore, be it

RESOLVED, Community Board Five finds no significant objection to DOT’s six recommended locations for the East 34th Street Midtown Ferry Terminal shuttle bus stops on Lexington and Madison Avenues between East 38th and East 47th Streets.

After some discussion, the above bundled resolutions passed with a vote of 36 in favor, 0 opposed, 1 abstained: IN FAVOR: Athanail, Bhalodkar, Borden, Brosnahan, Chou, Dalal, Dowson, Ellington, Ford, Frisz, Garcia, Goshow, Haas, Harris Jr., Hershberg, Hutton, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Maffia, Marks, Miller, Ny, Shapiro, Sherburne, Sigman, Southworth, Sung, Takahashiria-Rial, Webb, Xu, Yong, Zulkowitz. ABSTAIN: Barbero.

PUBLIC SESSION

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

Samir Lavingia – Community Board 5 Member –Asked for some clarification on how the process works for sending a letter to an agency and when the Community Board needs to vote on it versus when it does not.

Layla Law-Gisiko – Community Board 5 Land Use, Housing, & Zoning Chair –Clarified that because there was no formal application and because this came up in the Casino Review sending a letter on the matter made more sense than drafting a formal resolution.

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

The Full Board meeting of Community Board Five was adjourned by Chair Barbero at 8:00pm.

Respectfully submitted by,

Mary Brosnahan

Secretary

Samir Lavingia

Assistant Secretary

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