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Manhattan Community Board Five

May 2023

May 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, May 11, 2023 via teleconferencing.  

 

Members Present

Vikki Barbero

Aiden Blake

Seth Borden

Mary Brosnahan

Johnathan Cedillo

Julie Chou

Katherine Ellington

Aaron Ford

Joseph Frewer

Nancy Goshow

Tristan Haas

John Harris Jr.

Marc Hershberg Michael Kaback 

EJ Kalafarski

Renee Kinsella

Samir Lavingia

Layla Law-Gisiko

Sam Levy

Joseph Maffia

Charles Miller

Tod Shapiro

Bradley Sherburne

David Sigman

Craig Slutzkin

Zona Xu

Janice Yong

Present Part

Sarah BJ Sung

Robert Issacs

Kathy Kahng

Absent

David Achelis

Nick Athanail

James Beitchman

Sarah Dowson

Laura Garcia

Bridget Killian

Kimberly McCall

Catalina Muneton

Pete Webb

Excused

Samuel Johnson

Public Members

Elected Officials

Assembly Member

Harvey Epstein

Elected Officials Reps

Franklin Richards 

Councilmember Powers

Alex Marinidis

Senator Krueger

Robin Forst 

Mayor Adams

Ben Lowenstein  

Assembly Memb. Simone

Eric Cirello

Borough President Levine

Eric Strazza

Manhattan DA Bragg

Payton Shultz

Senator Gonzalez

Kathleen

Assembly Member Epstein

Curtis Young

Public Advocate Williams

James Giuliano

Assembly Member Bores

Staff

Marisa Maack

District Manager 

Mike Fissinger

Community Associate

Public Attendees 

Lisa Wager

Brickay Sabbat

At 6:03pm on May 11, 2023 Public Hearing of Community Board Five was called to order by 2nd Vice Chair Craig Slutzkin.

PUBLIC HEARING 

Brickay Sabbat – asked if there was someone to contact in terms of a cannabis workshop explaining that he is a CAURD member and has a license to open up a cannabis dispensary from New York State and was looking to possibly open a Midtown location. He wanted to introduce himself first to the Community Board. 

Lisa Wager - Director of Government Community Relations at FIT – shared information on the Future of Fashion BFA runway show. She then stated that it was time for the graduating student exhibition to display the works of more than 600 graduating students in 16 areas of study. She then mentioned that FIT sent students to Italy to work with a major institute.

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 

Assembly Member Harvey Epstein – spoke on the passing of the State budget and gave a brief explanation and impact of distribution of funds and some of its huge wins. He spoke of the proliferation of problems with the illegal cannabis stores and the link for people to fill out giving the office of Cannabis Management more authority and the State Tax Department to close down the illegal shops. He spoke of the Medication Abortion bill, which was signed by the Governor last week, requiring every SUNY and CUNY campus to have access to medication abortion. He also spoke of affordable housing crisis and issues that could cause eviction.

Peyton Schultz – Senator Gonzalez’s Office – announced two proposals that passed in the budget, NY’s Chief Information Security Officer being required to provide annual updates to the legislature on the status of NYS Cyber Security infrastructure also protecting abortion access by safeguarding Healthcare privacy. 

Ben Lowenstein – Assembly Member Simone’s Office – spoke of the passing of the budget and explained the important items approved. He spoke of fundings for the MTA, CUNY/SUNY schools to prevent a tuition hike, minimum wage increase among others. He then announced that the Assembly Member wrote an op-ed in the Gotham Gazette calling for the passage right to council for tenants in housing court. He also announced the introduction of legislation with State Senator Natalia Fernandez, A6109, to assist student loan borrowers in NY.

Robin Forst – Mayor Adam’s Office – announced the Mayor's Summer Youth Employment Program is still accepting applications for employers to join the program that will expire May 26. She announced that DEP has extended theforgiveness on interest payments for overdue water bills. She also spoke on the Rent Guidelines Board decision on potential rent increases.

James Juliano – Assembly Member Bores’s Office – gave updates on budget funding and delivering over 3.2 million dollars directly for the 73rd District, which includes funding to create climate jobs, enforcement for the unlawful cannabis shops. He also announced another bill passed the Assembly and the Senate carried by Senator Krueger called the Optometry Bill, which will address the optometrist shortage by lifting in-state requirement for apprenticeship. He then spoke of their mobile office hours.

Alex Marinides – Senator Krueger’s Office – gave updates from the Senator’s office including the State budget and the important elements of the budget to implement the climate and community protection act. Also important elements are the increased funding for Health Care especially Reproductive Health Care, public transit system, and funding to prevent any increase in in-state tuition for SUNY and CUNY schools, new enforcement powers that have been provided to the Office of Cannabis Management and the Department of Tax and Finance that allows them to conduct administrative inspections of businesses selling illicit cannabis and to impose greater civil penalties when violations of the law are found. He also announced that the Senator is pushing more e-bike regulations.

Franklin Richards – Councilmember Powers Office – announced Councilmember Powers, in honor of Mother's Day, is partnering with non-profit Room to Grow to collect toys and toddler clothing for New York families. He then announced the Rent Guideline Board primary vote on May 2nd to increase rents between two to five percent for one year leases and four to seven percent for two year leases and stated that the final vote will be held in June and the increases will take effect in October. He also stated that Councilman Powers was proud to add his name to a letter by Councilmember Sanchez, the Chair of the Housing Committee to denounce the rent increase. 

Eric Cuello- Manhattan Borough President’s Office – announced the Borough President’s new housing portal which identified 171 sites where over 70 000 units of housing could be built and stated that they have solicited numerous requests from residents identifying additional opportunities for housing. He also announced their fun new initiatives in the office for what New York City artificial intelligence future can look like. He then announced the first installment of the new Manhattan empowerment series on how to live your best Manhattan life. 

Eric Strazza - Manhattan District Attorney Bragg’s Office – announced that for the second consecutive year the District Attorney’s office is announcing a $20,000 funding opportunity for community-based organizations, specifically to address summer youth gun violence and to fund and pay stipends to younger New Yorkers to participate in meaningful programming or to enhance and make more beautiful public spaces that are known areas for gun violence. He also spoke of their court-based Navigators RFP to address underlying mental health conditions including substance use disorder. He announced deadline for gun violence prevention application is May 23rd  while the court-based Navigators RFP deadline is June 9th. He also announced two events coming up in the summer and more info will be provided at the next meeting. He also stated that the District Attorney’s office is continuing to address quality of life concerns proactively by revamping the Small Business Alliance to updating their five-point plan that allows the office to hear from businesses to brainstorm ways to address shoplifting and larger-scale retail theft. 

 

Kathleen – Assembly Member Epstein’s Office – spoke on the budget and important legislation passed.

 

Curtis Young – Public Advocate Williams’s Office – spoke on the Public Advocate’s visit to Capitol Hill to advocate for greater federal resources to reimburse New York City, which, has given emergency shelter to tens of thousands of migrants as well as for the need to address the long-term failures of immigration infrastructure. He also announced the passing of several pieces of legislation by the Public Advocate comprising a “Homeless Bill of Rights” legislation as well as a State Safety Bill.

Business Session

  

 

 

The Chair of the Nominating Committee, Renee Kinsella, presented the Committee’s recommendations for Officers of the Board: Chair, Vikki Barbero; 1st Vice Chair, Nick Athanail; 2nd Vice Chair, Craig Slutzkin; Secretary, Mary Brosnahan; Asst. Secretary, Samir Lavingia; Treasurer, Aaron Ford. Ms. Barbero then opened the floor for nominations and, seeing none, the nominations closed. She announced that the vote on the slate of officers would take place at the Full Board meeting in June.

 

 

The April 2023 minutes passed with a vote of 29 in favor, 0 opposed, 1 abstaining, as follows: IN FAVOR: Blake, Borden, Brosnahan, Cedillo, Chou, Ellington, Ford, Frewer, Goshow, Haas, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Sung, Xu, Yong. ABSTAIN: Barbero.

Chair Barbero addressed the Board regarding attendance, particularly at committee meetings.  She emphasized the importance of committing to attending committee meetings and making every effort to remain for the duration of each meeting. She noted that members have a responsibility to let the committee Chair know if they will not be attending a scheduled meeting, and if they will not be able to stay the full length of a meeting. She pointed out that if it’s known prior to the meeting that more than half of the members are unable to attend or stay, the meeting will have to be rescheduled in order to achieve and/or keep a quorum. 

Chair Barbero announced the appointment of CB5 member Brad Sherburne as the new Vice Chair of the Landmarks Committee noting that Brad is an Urban Designer and licensed architect who serves on the AIANY Planning and Urban Design Committee among other groups. She thanked Brad for taking on this very important responsibility.

Committee reports 

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

Request from Five Points JV L.P., for a special permit pursuant to Sections 13-451 of the New York City Zoning Resolution, to allow for 23 accessory off-street parking facilities at 262 5th Avenue.

WHEREAS, The special permit is for a portion of the ground floor and sub-cellars of a proposed residential development under construction at 262 Fifth Avenue (Block 830, Lot 44) with 23 maximum accessory parking spaces; and

WHEREAS, The Zoning Lot is located in Manhattan Community District 5, which is a rectangular-shaped lot located on the southwest corner of the intersection of Fifth Avenue and W. 29th Street; and

WHEREAS, The Applicant proposes to construct a new, approximately 137,459 gross square-foot (gsf) residential building that would have 26 dwelling units with 23 accessory off-street parking spaces, five of which are as-of-right; and

WHEREAS, The Applicant intends to make all accessory off-street parking spaces in the Garage, available for residents of the buildings; and

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

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

WHEREAS, The accessory off-street parking spaces will be accessed by a single curb cut measuring 12 feet wide, including splays; and

WHEREAS, The building is located in a transit-rich district well served by subway, and bus; and

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

WHEREAS, The proposed development would rise to a height of approximately 860’, have 56 stories, and only contain 26 market rate dwelling units, with the average size of the units estimated to be 4,400 square feet and would range from duplexes to quadruplexes, and given our city’s current housing crisis, the size, scale and affordability level of this development encompassing only 26 dwelling units in the proposed 56 stories of residential development tragically fails to  address the housing needs of the district; therefore, be it 

RESOLVED, Community Board Five recommends the denial of an application by Five Points JV L.P to construct 18 additional parking beyond the 5 parking spaces as-of-right permitted under the zoning resolution.

1633 Broadway POPS, API Restaurant renewal for an outdoor café (Block 1022, Lot 43) in the Special Midtown District, Manhattan Community District 5.

WHEREAS,  This is an application by API Restaurant, Inc. (the “Applicant”), the owner and operator of Azalea Ristorante (the “Restaurant”), for a follow up action, pursuant to Subsection 4 of the  Amended and Restated Notice of Restrictions, dated as of June 4, 2019 and recorded against the Property in the Office of the City Register, New York County (the “Register’s Office”) under City Register File Number CRFN 2019000177815 (the “2019 NOR”), to the approval granted under the third modification of the special permit described below to allow outdoor café seating  in a 740 square foot (“sf”) portion of the non-bonused publicly accessible open space (the “Open Space”) surrounding the Paramount Building at 1633 Broadway in Midtown Manhattan  (Block 1022, Lot 43 (the “Development Site”); and

WHEREAS, 1633 Broadway, (Between 50th and 51st Street) is located within a C6-7 commercial district within the Theater Subdistrict of Special Midtown District, within CB5 with the Restaurant located in the northwest corner of the Development Site, along the mid-block of West 51st Street and next to a through-block arcade and driveway providing access to the Gershwin Theater and West 50th Street; and

WHEREAS, No changes are proposed to the Open Space except for the addition of the Proposed Open Air Café adjacent to the Restaurant; and

WHEREAS, The Commission granted Special Permit CP-20250 to allow for modifications of height, setback and tower regulations pursuant to former Section 74-72 of the New York City Zoning Resolution (“ZR”) and to increase the permitted floor area ratio (“FAR”) from 15.0 to 20.8 in exchange for the provision of two new theaters pursuant to former ZR Section 81-06 in connection with the development of the site with a 48-story commercial building with offices, two theaters and retail space; and

WHEREAS, Finding (c) of former ZR Section 81-06 required the provision of open space to ease congestion in the area by aiding in the circulation of vehicles or pedestrians, Special Permit CP-20250 approved a 13,700 square foot Open Space which included two sunken plazas facing Broadway, widened sidewalks along West 50th Street and West 51st Street and a through-block arcade and driveway at the western end of the development site; and

WHEREAS, On November 20, 1989, the Commission approved a minor modification to Special Permit CP-20250 (M890860 ZSM) to add additional seating, planting, lighting and trees to the portion of the Open Space fronting Broadway, to relocate steps in the upper plaza closer to the lot line and to add an additional stair connection to the southern sunken plaza; and

WHEREAS, On August 6, 2012, the Commission approved a second minor modification of Special Permit CP-20250 (M 890860(A) ZSM) allowing the northern sunken plaza to be decked over to increase the area of the Open Space at grade, the addition of a 1-story glass entry pavilion to provide access to the below-grade retail space beneath the northern sunken plaza, and increases in the amount of planting and seating provided; and

WHEREAS, On May 5, 2014, the Commission approved a third modification of Special Permit CP-20250 (M890860(B) ZSM) to allow an Open Air Café with table service to be located in a portion of the Open Space adjacent to the Azalea Ristorante (the “Azalea Open Air Café”); and  

WHEREAS,  A NOR was recorded on May 9, 2014 (CRFN 2014000159972; the “Original NOR”) against the development site which allowed for a follow-up action resulting in a second three-year term (the “Renewal”).  On July 23, 2019, the Chairperson of the Commission approved the Renewal (N180515 CMM) for a three-year term expiring on July 23, 2022, and a modification to the Original NOR was recorded on June 6, 2019 (CRFN 2019000177815); and

WHEREAS, Applicant is requesting a fourth modification to Special Permit CP-20250 to allow a 639 sf Proposed Open Air Café in the non-bonused Open Space surrounding the existing building on the development site and concurrent with approval of the fourth modification, and the Applicant would draft and execute a NOR appurtenant to the development site; and

WHEREAS, While the application for minor modification has not yet been reviewed by the City Planning Commission and has not yet been evaluated, Community Board Five agreed to review the proposal out of sequence, taking into consideration the extenuating circumstances caused by the Covid-19 pandemic and specifically the inability for the New York City Planning Commission to resume holding hearings and review sessions, with the understanding that the out-of-sequence review is authorized solely on the dire circumstances caused by the global pandemic, and with the clear and firm understanding by all parties that any changes to the proposal would revert to in-sequence review and would be referred to Community Board Five for another review and input; and 

WHEREAS. The development site covers the majority of the block bound by Broadway, West 50th Street, 8th Avenue and West 51st Street (the “Project Block”) and the Project Block lies entirely within a C6-7 zoning district, except for the portion that is within 100 feet of 8th Avenue, which lies within a C6-4 zoning district; and

WHEREAS, The Restaurant is located in the northeast corner of the ground floor of the development site, between the open space fronting on Broadway and a loading dock extending over 100 feet to the west, and the mid-block of West 51st Street generally is relatively unpopulated aside from the Azalea Outdoor Café adjacent to the development site’s through-block arcade along West 51st Street; and  

WHEREAS, Accordingly, the Proposed Open Air Café would provide a visual anchor for the eastern end of the Open Space as well as an opportunity to activate a portion of the Open Space that is now underutilized; and

WHEREAS, The Proposed Open Air Café would occupy approximately 639 square feet of the Open Space fronting the Restaurant, would have a depth of approximately 12’11” and a width of approximately 51’7”, would include 15 round tables (12 tables 2’ 8” in diameter and 3 tables 3’ 8” in diameter), one rectangular table (7’ x 2’6”), 48 chairs and 2 large umbrellas with bases (each 96” x 96”) and would be delineated by a line at least one inch wide either painted in white latex traffic and zone marking paint or chalk; and

WHEREAS, The Restaurant is open for breakfast, lunch and dinner, seven days a week with tables, chairs, umbrellas, and service station removed at night when the Restaurant is closed; and 

WHEREAS, The Applicant intends to utilize the Proposed Open Air Café from April through October each year, weather permitting, with all furnishings completely removed during the off-season; and

WHEREAS, CB5 believes that open air café seating in a privately owned public space may be a public benefit only when seating and tables can be used by the public without a need for purchase of food or beverage; and

WHEREAS, CB5 recommends that the applicant must include the text” Open to the Public No Purchase Necessary” on a stanchion sign located at the Open Air Café entrance in font no smaller than 3 inches; and

WHEREAS, CB5 recommends that the applicant comply with the above referenced stipulations for the three-year term of the café; and

WHEREAS, CB5 requests that the applicant make available to us drawings and photos of the stanchion sign and table-top signs; and

WHEREAS, The operation of the open-air café will continue to operate in accordance with the requirements set forth in ZR 37-73; and

WHEREAS, CB5 believes that if the public ends up being unable to use the seating without purchase of food or beverage, the public costs associated with some commercial activity in this public space would outweigh any other potential public benefit associated with this open air café; and

WHEREAS, If signage is not required to make clear to the public that they can use seating and tables without need for a purchase, CB5 does not believe the public would have any knowledge that such seating is available to them; and

WHEREAS, If the seating ends up being available for the public to use both with and without purchase, the proposed open-air café could be a benefit; and

WHEREAS, If the agreed upon signage is NOT part of the site plan approval for the open air café, CB5 would very strongly object to City Planning Commission approval of the open air café as such an approval would constitute the privatization of public space without any benefit provided for everyday New Yorkers who do not wish to make a purchase to enjoy public space; and

WHEREAS, CB5 believes that access to bathroom facilities be available to the public be part of any approval, therefore, be it

RESOLVED, Community Board Five recommends denial of the application for the renewal of a permit to operate an open air café to be operated and managed by the restaurant leasing the retail space from API Restaurant Inc. located at 1633 Broadway for the next three years, unless and until the applicant agrees to open public seating, signage and bathroom availability.

The resolution on 262 5th Avenue passed with a vote of 27 in favor, 1 opposed, 2 abstained: IN FAVOR: Blake, Borden, Brosnahan, Cedillo, Chou, Ellington, Ford, Frewer, Goshow, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Shapiro, Sherburne, Sigman, Slutzkin, Sung, Xu, Yong. OPPOSED: Haas. ABSTAIN: Barbero, Miller.

The resolution on 1633 Broadway passed with a vote of 28 in favor, 0 opposed, 2 abstained: IN FAVOR: Blake, Borden, Brosnahan, Cedillo, Chou, Ellington, Ford, Frewer, Goshow, Haas, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Shapiro, Sherburne, Sigman, Slutzkin, Sung, Xu, Yong. ABSTAIN: Barbero, Miller.

Ms. Law-Gisiko gave a report on the discussion of real estate development around Penn Station on which CB5 is already on record opposing this plan. She stated that for over a variety of reasons the likelihood of any development happening at and around Penn Station is unlikely, including market conditions that are obviously not conducive to the development of 18 million square feet of office space which is noted as being one of the objections for the project. She stated that the issue that they are faced with now is that the project framework still exists although no one has any intention of actually moving forward and is actually creating a lot of uncertainty for the entire neighborhood with tenants not knowing if they will be displaced. She stated that it was pronounced that Senator Comfrey who is the Senate Chair of the Corporations Committee that has oversight over MTA and ESD has been extremely critical and pronounced the GPP dead and Assembly Member Simone has also been very critical even though the plan is still there floating around. She stated that it was really important just retire this plan that nobody wants and start with a clean slate and hopefully include what the Clip Task Force will proposes. 

Ms. Law-Gisiko also present a CLIP report to let all the members of the board know that two weeks ago CLIP organized a panel discussion that was held at MoMA to talk about the future of Penn Station and what are the challenges with Penn Station what could happen, what should happen. She announced that the panelists included Petra Messick, who is the planner and director of Gateway, which is a large package of programs along the Northeast Corridor that include the Hudson River tunnel as well as the potential extension of Penn Station, Peter Cipriano, who represents ASTM a private developer who has issued a plan for the Reconstruction of Penn Station, Chris Ward, former head of the Authority of New York and New Jersey and Felicia Park Rogers, who is a Policy Director for Tri-State Transportation campaign, a Civic organization promoting transportation and infrastructure in the region. She took the opportunity to thank all the members of Community Board Five who came and helped with this event. 

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

Application from 34th Street Partnership, in association with XL Event Lab, for “Pop In The City”, an inflatable bounce house in Greeley Square Park for a session starting June 30th and ending September 3rd.

WHEREAS, 34th Street Partnership, in association with XL Event Lab (the Applicant), is proposing to install an inflatable bounce house in Greeley Square Park from June 30th to September 3rd with hours based on demand; and

WHEREAS, 34th Street Partnership has a continued goal of trying to make the neighborhood safer and full of people; and

WHEREAS, The XL Event Lab, specializing in family friendly experiences, has established a nationwide tour (“The Big Bounce America”) of large, inflatable bounce houses; and

WHEREAS, The inflatable bounce house will take approximately 25 minutes to get through with features like a ball pit and interior walls with nods to New York City; and

WHEREAS, The same event with the same bounce house was run last year and 34th Street Partnership reported no complaints from users of the park; and

WHEREAS, Ticket holders will enter the bounce house on 32nd Street and Broadway and exit the bounce house on 33rd Street and Broadway; and

WHEREAS, The bounce house will not be open until 10AM; and

WHEREAS, The bounce house will not be open past 9PM; and

WHEREAS, The bounce house will be half deflated every night and re-inflated every morning before opening; and

WHEREAS, The bounce house will feature dedicated sensory sessions with limited outdoor sound for attendees with specific requirements; and

WHEREAS, There will be sound provided by a DJ inside the bounce house to provide music to the guests as well as some sound outside the bounce house specifically focused for the sensory sessions, which will be similar to white noise; and

WHEREAS, The inflatable bounce house will be a ticketed event with free ticket codes distributed for local community members; and

WHEREAS, There will be a non-ticketed area on the outside of the bounce house that visitors can interact with; and

WHEREAS, The bounce house will be monitored by 24 hour security as well as staff that will guide guests throughout the experience; and

WHEREAS, Cleaning will be done at regular intervals throughout the day and disinfection will be done daily; and

WHEREAS, 34th Street Partnership will relocate every chair and umbrella to other parts of the park and Herald Square, resulting in no net loss of seating for park goers; and

WHEREAS, XL Event Lab agreed to work with Community Board Five as well as other community groups to provide free tickets to local youth who might not otherwise be able to afford the ticket prices and hence experience the bounce house, therefore, be it

RESOLVED, Community Board Five recommends approval of the application from 34th Street Partnership, in association with XL Event Lab, for “Pop in the City”, an inflatable bounce house in Greeley Square Park starting June 30th and ending September 3rd.

After, the above resolution passed with a vote of 28 in favor, 0 opposed, 1 abstained, 1 present not entitled to vote: IN FAVOR: Blake, Borden, Brosnahan, Cedillo, Chou, Ellington, Ford, Frewer, Goshow, Haas, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Shapiro, Sherburne, Sigman, Slutzkin, Sung, Xu, Yong. ABSTAIN: Barbero. PRESENT NOT ENTITLED TO VOTE: Miller

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

Madison Square Garden Sports Corporation application for two NY Rangers viewing events and two NY Knicks viewing events for playoff away games at Bryant Park

WHEREAS, The Madison Square Garden Sports Corporation (“Applicant”) has submitted an application for up to two New York Rangers (“NYR”) viewing events and up to two New York Knicks (“NYK”) viewing events for potential NHL and NBA playoff away games, respectively, at Bryant Park (the “Events”); and 

WHEREAS, The application is for Events that will take place in the second half of May if NYR and/or NYK advance to Round 3 of their respective playoffs; and 

WHEREAS, The application for the Events is similar to and in keeping with the NY Rangers viewing events application approved by Community Board Five in May 2022; and 

WHEREAS, The purpose of the Events is to celebrate the success of NYR and NYK and to provide the New York community with a gathering place to watch the playoff games together with family, friends and other fans outdoors; and 

WHEREAS, The Events will utilize a setup including the screen and sound system that is similar to and in keeping with the setup in the NY Rangers viewing events application approved by Community Board Five for May 2022; and 

WHEREAS, The setup will be the day before the respective Events starting at 6pm, with cleanup to conclude the same night following the Events; and 

WHEREAS, The Events will be comprised of a fan fest and public viewing at Bryant Park; and 

WHEREAS, The fan fest will run from approximately 4pm–8pm and feature photo opportunities and autographs with NYR or NYK alumni; and 

WHEREAS, The public viewing will feature a live feed of a NYR or NYK playoff game which will begin about 90 minutes before game time and run until the end of the game; and 

WHEREAS, To address community concerns, the sound system for the live feed will be shut off at 10pm and thereafter the sound will have to be accessed by personal devices/apps; and 

WHEREAS, In response to community concerns, if a limited VIP area is planned for the Events, it will take place at the Bryant Park Grill or in a restricted area of Bryant Park at the front of the viewing area; and  

WHEREAS, No alcohol or food will be sold or permitted at the Events; and 

WHEREAS, Applicant has committed to have sufficient staffing for security, crowd control and sanitation at the Events that will total about 100 individuals; and 

WHEREAS, Applicant will be providing significant compensation to Bryant Park for the Events; and  

WHEREAS, Applicant has agreed that any signage, co-sponsors, giveaways and merchandise sales for the Events will be similar to and in keeping with those in the NYR viewing events application approved by Community Board Five in May 2022; and 

WHEREAS, Applicant has agreed to submit another application to Community Board Five for any additional viewing events if the NYR and/or NYK advance to the NHL or NBA finals round, respectively; therefore be it 

RESOLVED, Community Board Five recommends approval of the application from Madison Square Garden Sports Corporation for two New York Rangers viewing events and two New York Knicks viewing events for potential NHL and NBA playoff away games, respectively, at Bryant Park in the second half of May.

After, the above resolution passed with a vote of 27 in favor, 0 opposed, 1 abstained, 1 present not entitled to vote: IN FAVOR: Blake, Borden, Brosnahan, Cedillo, Chou, Ellington, Ford, Frewer, Goshow, Haas, Harris Jr., Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Xu, Yong. ABSTAIN: Barbero. PRESENT NOT ENTITLED TO VOTE: Hershberg. 

 

 

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

10 Rockefeller Plaza – Application for a Certificate of Appropriateness for Entrance Alterations including new artwork, new canopy installation, new signage, and new door infill

WHEREAS, 10 Rockefeller Plaza (“Applicant”), aka the Eastern Airlines Building, is a 17-story building located on the west side of Rockefeller Plaza between 48th and 49th Streets opening in 1940 and made of Indiana Limestone, and is one of 14 buildings on the 12-acre site of Rockefeller Center constructed by Associated Architects including Raymond Hood; and

WHEREAS, Applicant is proposing several alterations to the West 48th Street entrance which will serve as the main entrance to The Little Nell Hotel which will partially occupy this building, including new artwork, a new canopy installation, new plaque signage, and a renovated entry hall leading to new door infill; and

WHEREAS, Applicant is proposing new, large scale artwork in the form of a white bronze bas relief above an existing building entrance on West 48th Street that will require the removal of original limestone façade, and the installation of new limestone enframement matching the existing limestone; and

WHEREAS, Applicant is proposing a new canopy extending 9ft over the sidewalk and built 11ft 3.5in wide, with a brushed nickel finish and opaque glass with a bronze textured mesh, and with embedded down-lighting, along with up-lights to highlight the proposed artwork; and

WHEREAS, Applicant is proposing signage measuring 16in x 18in on each side of the entrance with a brushed nickel finish with back-lighting to highlight the hotel logo; and

WHEREAS, Applicant is proposing new entry infill to replace non-historic materials in a recessed entryway that extends about 25ft in from the sidewalk, including new recessed cove lighting, electric heat panels, new limestone wall panels to match existing panels, new terrazzo flooring to match the existing terrazzo flooring, new white bronze and glass swing doors, as well as an undulating ceiling design extending from the lobby to the canopy; and

WHEREAS, Applicant is urged to re-use any original limestone and other original materials in other places throughout the Center as needed, or to have it stored properly on-site; and

WHEREAS, Replaced limestone and terrazzo materials in-kind will be deemed original material and part of the historic fabric of this Landmark; and

WHEREAS, The proposed artwork is contextual to the Landmark and is similar in scale and material to other artwork throughout the Center, and is being placed in a location that was originally planned to have artwork based on early architectural drawings but was never installed; and

WHEREAS, Proposed limestone enframement is of like-material and is to scale with the building features; and

WHEREAS, Proposed signage is contextual in size and material, but the back-lighting is too modern and not appropriate for this Landmark; and

WHEREAS, The proposed canopy is very modern with integrated down-lighting and of much larger scale than other canopy designs in the Center; and

WHEREAS, Proposed entry renovations are using in-kind materials on the walls and floors, and appropriate doors that would be preferably of a bronze-like finish (although it’s noted there are several styles throughout the Center), but the undulating ceiling design is very modern and not appropriate for an entrance into this historic building; therefore, be it

RESOLVED, Community Board Five recommends denial unless 1) the proposed canopy is reduced in scale and has the integrated down-lighting removed, 2) the proposed signage removed the back-lighting, and 3) the proposed undulating ceiling between the canopy and the entry is designed to be less modern and more contextual with the Landmark. 

After brief discussion, the above resolution passed with a vote of 28 in favor, 0 opposed, 1 abstained: IN FAVOR: Blake, Borden, Brosnahan, Cedillo, Chou, Ellington, Ford, Frewer, Goshow, Haas, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Xu, Yong. ABSTAIN: Barbero.

 

 

 

Mr. Frewer gave a brief presentation on the following resolution on behalf of the Committee:

Florisun LLC dba “Dazed”, 33 Union Square West (Between 16th and 17th Streets), New York, NY, application for a Conditional Adult-Use Retail Dispensary (CAURD) Cannabis license.

WHEREAS, Florisun 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 33 Union Square West (between 16th and 17th 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, The Premises was chosen by the Dormitory Authority of the State of New York (“DASNY”) for the establishment of a CAURD operation; and

WHEREAS, The Premises consists of 2,880 square feet on the ground floor for customer use, as well as additional area in the basement for storage and back of house use; and

WHEREAS, Applicant seeks hours of operation from 8AM to no later than 2AM seven nights 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 on Sundays through Thursdays to be no later than 1AM; and

WHEREAS, The Premises is currently open and operating for 30 days as a "pop-up," under a program by which the NYS Office of Cannabis Management (“OCM”) allows CAURD dispensaries the opportunity to open on a short-term basis to fast-track sales, provide training opportunities for employees, and start generating capital for their businesses, after which the Premises will close for final construction and then re-open on a long-term basis; and

WHEREAS, Applicant initially provided public seating in front of the Premises, which seating the Applicant later removed as a result of complaints from residents and CB5 because patrons were using the seating to consume cannabis; and

WHEREAS, The Applicant described the security plan and other requirements mandated by OCM and provided confirmation that the Premises was cleared by OCM to commence 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 75 feet from Union Square Park; and

WHEREAS, While CB5 finds an acceptable distance between a cannabis establishment and a public playground to be no less than 1,000 feet, the Premises is only 175 feet from Evelyn’s Playground in Union Square Park; and

WHEREAS, While CB5 finds an acceptable distance between a cannabis establishment and a harm reduction facility to be no less than 500 feet, the Premises is only 475 feet from Realization Center, located at 25 East 15th Street; 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, a public playground, and a harm reduction facility, 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 Florisun LLC for a Conditional Adult-Use Retail Dispensary Cannabis license for the premises located at 33 Union Square West (between 16th and 17th Streets), New York, NY. 

After some discussion, the above resolution passed with a vote of 27 in favor, 1 opposed, 1 abstained: IN FAVOR: Blake, Borden, Brosnahan, Chou, Ellington, Ford, Frewer, Goshow, Haas, Harris Jr., Hershberg, Isaacs, Kaback, Kahng, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Xu, Yong. OPPOSED: Cedillo. ABSTAIN: Barbero.

 

 

Ms. Kinsella gave a brief presentation on the following resolution passed as an Emergency Action at Executive Committee on the Budget, Education and City Services Committee Resolution on Serious Mental Illness and Short Time-line Solutions. 

WHEREAS, The Budget, Education and City Services Committee of Community Board Five (CB5) held a Joint Meeting with Community Boards Two and Four along with members from Boards One, Three and Six with panelists Dr. Ellen Tabor, Associate Medical Director, Institute for Community Living (ICL) Dr. Van Yu, Chief Medical Officer at Jamian Health/Center for Community Services (CUCS) Brianna Thompson DNP, Psychiatric Nurse Practitioner, Intensive Mobile Treatment Team, Center for Alternative Sentencing and Employment Services (CASES) Abigail Boynton LMSW, Assistant Team Lead, Intensive Mobile Treatment Team, CASES and attended by elected officials Hon. Erik Bottcher, New York City Council District 3, Hon. Carlina Rivera, New York City Council District 2,Hon. Brad Hoylman-Sigel, New York State Senate District 47, Hon. Tony Simone, New York State Assembly District 75 and Hon. Linda Rosenthal, New York State Assembly District 67; and

WHEREAS, Since New York began to empty state psychiatric hospitals in light of inhumane conditions and a reaffirmation of patients’ rights, the City and State’s public health systems have lacked a comprehensive network of services to treat individuals living with serious mental illness SMI; and

WHEREAS, Serving individuals with SMI has become a heightened priority for the state and the city, Gov. Kathy Hochul has pledged $1 billion to address behavioral health needs in New York State and Mayor Eric Adams’s 2023 plan “Care, Community, Action: A Mental Health Plan for New York City” describes serious mental illness (SMI) as an urgent concern for the city, and the New York City Council has also made it a priority for FY24; and

WHEREAS, Supportive housing is widely recognized as the most comprehensive tool to address SMI and is in insufficient supply; and

WHEREAS, The Governor and the Mayor have committed to increase the supply of supportive housing in NYC which will require significant capital investment and political commitment over the years required for building it; and 

WHEREAS, The Governor and the Mayor have also committed to expand other infrastructure, such as clubhouses and hospital beds, which are additional comprehensive approaches that will require time to reach full operation; and 

WHEREAS, Given the time required for these and other initiatives there is a pressing need for interventions that can be implemented on a shorter timeline of one-to-three-years that require a lower level of public investment and that can be expanded or retracted in response to the City’s needs; and  

WHEREAS, We see a dire need for these programs to operate in the area below 59th Street in Manhattan; and

WHEREAS,  Manhattan’s Central Business District, as well its downtown neighborhoods, include parks, transit stations, and busy streets frequented by apparently homeless individuals, many of whom appear to suffer from SMI that has gone untreated, and

WHEREAS, Programs deemed successful at treating SMI in the field include New York State Assertive Community Treatment (“ACT”) and New York City Intensive Mobile Treatment (“IMT”); and

WHEREAS, Both ACT and IMT teams are in insufficient supply; and

WHEREAS, The waitlist to be assigned to an ACT team is estimated at 800 people and the waitlist for an IMT team is estimated at 300 people; and

WHEREAS, The efficacy of housing unstable persons with SMI who participate with ACT and IMT Teams is directly linked to private stabilization beds (including hotel room, safe haven and other respite beds) in addition to supportive housing; and  

WHEREAS, High demand for behavioral health professionals combined with low salaries budgeted for ACT and IMT teams jeopardizes the ability of the State and the City to sufficiently staff these programs to expand their number as needed and as promised; therefore, be it

RESOLVED, Community Board Five recognizes and stresses that safe housing is the most critical stabilizing factor for individuals with serious mental illness (“SMI”) and therefore commends the Governor of New York and the Mayor of New York City for committing to expand the number of supportive housing units and hospital beds for individuals living with SMI, and commends the New York City Council for its attention to SMI; and be it further 

RESOLVED, Community Board Five urges the city to increase the number of hotel rooms and respite beds available on a short timeline while the permanent housing that has been promised is brought online; and be it further

RESOLVED, Community Board Five urges the continued expansion of ACT and IMT until the long waiting lists for these services have been eliminated; and be it further

RESOLVED, Community Board Five urges NYS and NYC to offer competitive salaries and to consider regulatory changes that would better leverage the existing supply of mental health professionals to address critical staffing shortages; and be it further

RESOLVED, Community Board Five urges the NYC Department of Health and Mental Hygiene to create a clearer process, for consumers and providers alike to access the network of services available to those suffering SMI; and be it further 

RESOLVED, Community Board Five encourages the expansion of B-HEARD into Manhattan below 59th Street, with ongoing evaluation of its successful response to 911-routed calls, rapid dispatch, and crisis de-escalation; and be it further

RESOLVED, Community Board Five encourages the adoption of low-budget interventions that would contribute to the well-being of unsheltered homeless individuals, such as shower vans, distribution of hygiene kits, opportunities for shaving and haircuts and access to laundry facilities.

The above resolution passed with a vote of 27 in favor, 0 opposed, 1 abstained: IN FAVOR: Blake, Borden, Brosnahan, Chou, Ellington, Ford, Frewer, Goshow, Haas, Harris Jr., Hershberg, Isaacs, Kaback, Kalafarski, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Miller, Shapiro, Sherburne, Sigman, Slutzkin, Xu, Yong. OPPOSED: Cedillo. ABSTAIN: Barbero.

PUBLIC SESSION

The public was invited to comment on topics of interest to the Board. Seeing no 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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