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Manhattan Community Board Five

November 2023

Full Board November 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, November 9, 2023 at Xavier High School.  

Members Present

Seth Borden

Mary Brosnahan

Julie Chou

Sarah Dowson

Katherine Ellington

Aaron Ford

Bill Gartland

Nancy Goshow

John Harris Jr.

Marc Hershberg

Elisabeth Hutton

Michael Kaback

Kathy Kahng

Renee Kinsella

Samir Lavingia

Layla Law-Gisiko

Joseph Maffia

Isabel Marks

Kimberly McCall

Christopher Nazarro

Yaran Noti-Victor

Charles Ny

Tiffany Reavis

Tod Shapiro

David Sigman

Craig Slutzkin

Sachi Takahasi-Rial

Pete Webb

Janice Yong

Zool Zulkowitz

Present Part

Ankur Dalal

James Southworth

BJ Sung

Absent

David Achelis

Mohit Bhalodkar

Aidan Blake

Kevin Frisz

Laura Garcia

Tristan Haas

Zarar Haider

Robert Isaacs

Zona Xu

Alan Yu

Excused

Nicholas Athanail

Vikki Barbero

EJ Kalafaski

Sam Levy

Brad Sherburne

Public Members

Elected Officials

Elected Officials Reps

Camille Joseph Varlack

Mayor Adams Chief of Staff

Alex Marinides

Senator Krueger

Robin Forst 

Mayor’s Office of Community Affairs

Eric Strazza

Manhattan DA Bragg

Ben Lowenstein 

Assembly Member Simone

Kathleen German 

Assembly Member Epstein

Bianni Rodriguez

Council Member Rivera

James Giuliano

Assembly Member Bores

Peyton Schultz

Senator Gonzalez

Evelyn Collado

Comptroller Lander 

Laurie Hardjowirogo

Borough President Levine

Curtis Young

Public Advocate Williams

Staff

Marisa Maack

District Manager 

Kim Rodney

Community Coordinator 

Public Attendees 

Lisa Wager

Brian Weber 

Lillian

Christy  Lopez Bernell

David Trader

Mark Williams

John Liang

At 6:10pm on November 9, 2023 Public Hearing of Community Board Five was called to order by 2nd Vice Chair Craig Slutzkin

PUBLIC HEARING 

Camille Joseph Varlack – Mayor’s Office Chief of Staff – gave an update on the asylum seekers in New York City, and the budget impact of the crisis, including hiring freezes and PEGs. She then answered some questions from the Board regarding possible escalation in street-dwelling population related to the mayor’s announced policy requiring single adult asylum seekers to reapply for shelter every 30 days and impact on school-aged children of asylum families, who are now required to reapply for emergency shelter every 60 days. Ms. Joseph Varlack stated neither population would be negatively impacted. She also spoke about Medicaid qualifications and the announced closure of Beth Israel.  

Michael D'Angelo – spoke of the application for a liquor license at 47 West 20 Street, which formerly held Limelight. He spoke on the issue of noise. 

Layla Law-Gisiko – Resident of West 20th Street - expressed strong opposition to the recent liquor license application for Roadside Attractions on 47 West 20th Street. She stated that their  community is grappling with significant issues concerning the excessive number of liquor licenses in the area. She said that the noise emanating from these establishments, especially during peak hours and at closing, has become increasingly problemic. She urges the board to refer the application back to the SLAP committee so that concerns from the residents can be better taken into account and reflected to protect their quality of life.

Joe Min – spoke of flaws in the list of establishments included in the SLAP committee’s CAUD list and asked that the board execute due diligence to ensure that the assessment of the qualifications in compliance is correct.

Fatima- Resident of W 20th Street –expressed strong opposition to the application for Roadside Attraction at 47 West 20th Street. She spoke of the extensive negative impact on their neighborhood.

Lisa Wager - Director of Government Community Relations at FIT – gave updates on FIT’s upcoming events.

Jay Kang – addressed the list of establishments included in the SLAP committee’s CAUD list and the compliance with the CTF guidelines and asked that the board reconsider the list and not vote to finalize at this meeting.

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 2nd Vice Chair Craig Slutzkin.

REPORTS OF ELECTED OFFICIALS/REPS 

Robin Forst – Mayor Adam’s Office – stated that the Mayor, Attorney General, the five district attorneys, NYPD, and retailer’s business groups appointed a task force to address retail theft. The task force will recommend legislative proposals and provide information to lead to positive change. The Mayor also announced the city will sponsor a nurse residency program.

 Ben Lowenstein – Assembly Member Simone’s Office – announced a Town Hall to discuss local issues in the community from Public Safety and casinos to storm surge protection and addressing the housing crisis. He also announced that Assembly Member Simone was grateful of the opportunity to have worked in close partnership with CB5 to ensure the future of Penn Station. He announced their office is hosting flu vaccine Drive drives. He spoke of the organized walk through of West 42nd Street in front of the Port Authority Bus Terminal with elected officials, NYPD, Department of Homeless Services, Department of Social Services and the Port Authorities police force.

Laurie Hardjowirogo – Councilmember Bottcher’s Office – announced City Council passed the Councilmember’s legislation, Intro 712A, that will help address the growing problem of drivers who illegally obscure their license plates to avoid red light cameras or speed cameras, and tolls. She then announced that on October 25th their office held a forum with New York City Special Narcotics Prosecutor Bridget Brennan to address the growing problem for communities and the overdose crisis. She also announced another shred day at Penn South on November 18th. 

James Giuliano – Assembly Member Bores’s Office – stated that the office is going to be hosting a shred event on Tuesday, November 14th. He reported that the Assembly Member hosted his first town hall which was a great success. He also announced that this was going to be his last meeting at CB5 speaking on behalf of Assembly Member Bores.

Keisha Sutton James – Borough President Levine’s Office – announced that the Borough President will be launching leadership training series next week. She spoke of legislation to have a public bathroom in every zip code and announced the start of a volunteer core with about 450 volunteers to clean up five sites in the borough of Manhattan.

Franklin Richards - Councilmember Keith Powers Office – announced the vote to pass the Sweet Truth Act legislation that the Councilmember introduced last year to require chain restaurants to label menu items to have a sugar content exceeding 100 percent or more of the daily value for added sugar as determined by the FDA. He also announced that last week the Councilmember introduced Intro 1243, the abatement law to make it easier and quicker to shut down the illegal smoke shop. He also announced upcoming events.

Hannah Wierman – Congressman Nadler’s Office – stated that the Congressman is thrilled to announce billions of dollars in Federal support for projects made possible by the bipartisan infrastructure law. She announced that the Congressman joined with local elected officials to demand a better path forward for 5G cell towers, as their current design are out of scale and out of character across the historic district.

Shauna Marlock –Senator Gonzalez Office – announced that last month Senator Gonzalez rallied with housing advocates outside of Governor Hochul's Manhattan office calling on the Governor to sign four bills that protect rent stabilized housing and address illegal and fraudulent rent hikes. She also stated that Senator Gonzalez's Bill S 5915 was signed into law by the Governor requiring the Office of the Prevention of Domestic Violence to distribute informational materials on economic abuse to places like emergency shelters, Social Service offices and child care facilities.

Alex Marinides – Senator Krueger’s Office – announced that on Wednesday November 15th Senator Krueger will be holding a town hall with Eric Hyman from the Department for the Aging's health insurance information and counseling program regarding Medicare. He also gave quick updates regarding free covid tests and masks. She announced that at the end of October Senator Krueger took part in a hearing in Albany regarding the cannabis industry in New York State.

Kathleen German– Assembly Member Epstein’s Office – invited everyone to attend their team holiday party to get to know the Assembly Member and his team and what they can offer. She gave updats on upcoming drives and events..

Business Session

  

 

 

The October 2023 minutes passed with a vote of 32 in favor, 0 opposed, 1 abstaining, as follows: IN FAVOR: Borden, Brosnahan, Chou, Dalal, Dowson, Ellington, Ford, Gartland, Goshow, Harris, Jr., Hershberg, Hutton, Kaback, Kahng, Kinsella, Lavingia, Law-Gisiko, Maffia, Marks, McCall, Miller, Nazarro, Noti-Victor, Ny, Reavis, Shapiro, Sigman, Sung, Takahashi-Rial, Webb, Yong, Zulkowitz. ABSTAIN: Slutzkin.

 

 

Mr. Slutzkin announced the departure of Board Member Kathy Kahng and thanked her for her service and asked her to speak on her time with the board.

Committee reports 

 

 

David Sigman thanked the task force for their diligent work on the cannabis applications and gave a explanation on how the process works .

CB5 Review for 72 Adult-Use Cannibis Retail Dispensary Licenses for Full Board Session of November 9th, 2023.

WHEREAS, New York State has legalized the production, sale, and use of recreational cannabis, which authorized the ability of the State to license retail cannabis dispensaries and establishments for on-site consumption; and

WHEREAS, The regulation of these establishments will be handled by the State, and the State has created a State Cannabis Control Board  (the “CCB”) for that purpose; and

WHEREAS, Within certain guidelines, local governments and municipalities can pass laws and regulations governing the “Time”, “Place” and “Manner” of such establishments and their sale of cannabis; and

WHEREAS, Chapter II of Subtitle B of Title 9 of the Official Compilation of Codes, Rules and Regulations of the State of New York has been amended to provide, for among other things, various rules regarding adult use cannabis and the licensing of adult-use retail dispensaries (“The Regulations”); and

WHEREAS, Community Board Five (“CB5” ) after due review and consideration at its February 2023 full board meeting adopted its Cannabis Task Force’s (“CTF”) Guidelines for the review of cannabis-related applications, (“The CTF Guidelines”); as well as the CB5  Guidelines on Cannabis Licensing (“The GCL”), and

WHEREAS, in September 2023 a significant number of first-time cannabis applicants (“The Applicants”), notified CB5 of their intention to apply for an Adult-Use Retail Cannabis License (“the Licenses) at locations within CB5 consisting of 72 Notices in total (See Exhibit 3, List of Notices Received), and of which 37 have been reviewed according to the methodology referenced in this Resolution (“The Resolution”), and of which time permitting 16 were found to be non-compliant (See Exhibit 2, “The Non-Compliant List”), and 27 were found to be compliant (See Exhibit 3, “The Compliant List”), and

WHEREAS, Applicants have been required to post public notices so as to inform the public of their openings, and also to provide photos of the postings to CB5, for the purpose of allowing public comment with neighboring residents and business, and 

WHEREAS, Efforts to date for previous reviews, CB5 employed substantial and comprehensive due diligence for Applicants which consisted of a long-form detailed questionnaire, community meetings between the CTF and Applicants and local businesses and neighbors, and a thorough review of the Applicant as to Time, Place and Manner according to The CTF Guidelines and the GCL with the goal of surveying the overall method of operation of the Applicants and its suitability for the neighborhood of choice.  The crush of applications in volume and short time frame which given the timetable of the State and CCB regulatory schema may prevail in the coming months, given CB5 resources and state-mandated deadlines, does not allow for such an effort for the current round of Applicants, and

WHEREAS, As a practical and pragmatic solution to this challenge, CB5 requested that the Applicants respond to a “short-form” online questionnaire drafted to be consistent with the CTF Guidelines and the CGL as well as the State and City Cannabis Law and Regulations, to be submitted to CB5 no later than Friday Oct 27th, 2023 by 12:00 p.m. EST/EDT.  CB5, as stated previously, received 37 online questionnaire responses all within our district through October 31, 2023, with few Applicants confirming the posting of notices completed or submitting photos;

WHEREAS, On account of this approach the review process has of necessity had a much narrower focus looking primarily at Applicant site location and distances according the CB5 GCL, and

WHEREAS, CB5’s review methodology for the Applicants may only be approved, as per CTF Guidelines and the GCL, provided that the proposed location is no less than: 1,000 feet from an existing cannabis establishment; 500 feet from a school; 500 feet from a community facility; 200 feet from a house of worship; and 500 feet from a harm reduction facility; and

WHEREAS, CB5, in an effort that goes beyond State and City guidelines, calls for in the case of adult-use cannabis retail establishments only, the following additional distance requirements of 500 feet from a park or a public space; as well as 1,000 feet from a playground; and

WHEREAS, CB5, again in an effort that goes beyond State and City guidelines per the CTF Guidelines and the GCL as to Time, calls for closure no later than 1 AM Sundays thru Wednesdays  and 2 AM on Thursdays through Saturdays for adult-use cannabis retail establishments that reside within the prescribed vicinity of residential buildings; and where sites fall within any of CB5’s “Restricted Licensing Areas” (“RLAs”) to the extent that any requirements applicable within such RLA with regard to hours of operation are more restrictive than those provided in these guidelines the application shall comply with the more restrictive requirements of such RLA; and

WHEREAS, For  CB5, the current situation does not allow enough time for what CB5 considers a complete due diligence effort, particularly as to the “Manner” prong of the State, City, and CB5 standard for the current 37 applications and therefore, of necessity, reserves the right to comment later to the CCB on the Applicants, and

WHEREAS, CB5 for purposes of the Applicants under review, describes the Applicants as compliant or non-compliant for the most part based on strictly satisfying the GCL-prescribed opening and closing times along with distances employing information taken from the short-form questionnaires, community input, and on-line mapping tools (using the software tools allowing for a “distance walked” standard).  CB5, feels strongly that this process leads to a much less accurate result taking into account the absence of on-site visits, personal meetings with Applicants, and direct discussion with local businesses and neighbors, and therefore, be it

RESOLVED, That CB5 recommends denial of adult-use cannabis license applications determined to be non-compliant with the Community Board 5 guidelines, with a list (See Exhibit 2 – The Non-Compliant List) of why each application was deemed non-compliant using our best efforts given the situation and methodology described in this Resolution for each offending location.

RESOLVED, That CB5 recommends to deny UNLESS the adult-use cannabis license applications allow for the process of full review in compliance with Community Board 5 guidelines given the situation and methodology described in this Resolution with a list (See Exhibit 1- the Compliant List) of applications that fall under this category. 

RESOLVED, That CB5 reserves the right to comment on the “Manner” prong of the “Time, Place, and Manner” standard called for in the CTF Guidelines the GCL at a later time given the situation described in this Resolution .

Compliant Addresses

140 WEST 34TH STREET

251 5TH AVENUE

31 EAST 28TH STREET

342 7TH AVENUE

369 7TH AVENUE

381 5TH AVENUE

40 EAST 20TH STREET

461 7TH AVENUE

762 8TH AVENUE

Noncompliant Addresses

1010 6TH AVENUE

1027 6TH AVENUE

1177 BROADWAY

12 EAST 42ND STREET

161 WEST 54TH STREET

163 WEST 48TH STREET

241 5TH AVENUE

249 WEST 34TH STREET

400 MADISON AVENUE

412 8TH AVENUE

49 WEST 55TH STREET

52 WEST 27TH STREET

566 7TH AVENUE

587 5TH AVENUE

59 WEST 31ST STREET

719 7TH AVENUE

728 8TH AVENUE

761 7TH AVENUE

8 WEST 28TH STREET

846 6TH AVENUE

875 6TH AVENUE

99 WEST 27TH STREET

(W35th St/6th Ave)

(W28th btwn 5th and Broadway)

Address

200 ft (House of worship)

500 ft (School, Park/Public space)

1010 6TH AVENUE

151 ft (New York Garden Church)

1027 6TH AVENUE

16 ft (Millinery Center Synagogue)

523 ft (Bryant Park)

1177 BROADWAY

276 ft (1185 Broadway POPS @ 28 W 28th St)

12 EAST 42ND STREET

200 ft (NYPL/Bryant Park)

161 WEST 54TH STREET

260 ft (151 W 54th St POPS)

163 WEST 48TH STREET

249 ft (1221 6th Ave POPS)

241 5TH AVENUE

397 ft (Madison Square Park)

249 WEST 34TH STREET

100 ft (1 Penn Plaza)

400 MADISON AVENUE

410 ft (280 Park Ave POPS)

412 8TH AVENUE

286 ft (Moynihan Train Hall)

49 WEST 55TH STREET

470 ft (1345 6th Ave POPS)

587 5TH AVENUE

0 ft (בית יצחק - אוהל שרה)

335 ft (12 E 49th St POPS)

52 WEST 27TH STREET

33 ft (The Capitol Plaza)

566 7TH AVENUE

400 ft (1411 Broadway POPS)

59 WEST 31ST STREET

291 ft (Greeley Square Park)

719 7TH AVENUE

302 ft (Father Duffy Square)

728 8TH AVENUE

423 ft (Family School West)

761 7TH AVENUE

223 ft (745 Plaza)

8 WEST 28TH STREET

407 ft (1185 Broadway POPS)

846 6TH AVENUE

250 ft (835 6th Ave POPS)

875 6TH AVENUE

226 ft (Greeley Square Park)

99 WEST 27TH STREET

240 ft (The Capitol Plaza)

(W35th St/6th Ave)

0 ft (Herald Square)

(W28th btwn 5th and Broadway)

500 ft (1185 Broadway POPS)

Additional addresses that did not submit questionnaire

1149 BROADWAY

122 EAST 25TH STREET

124 WEST 30TH STREET

1263 BROADWAY

13 EAST 47TH STREET

1701 BROADWAY

203-205 WEST 28TH STREET

214 WEST 30TH STREET

24 WEST 40TH STREET

26 WEST 20TH STREET

299 7TH AVENUE

314 WEST 30TH STREET

34 WEST 56TH STREET

35 EAST 21ST STREET

43 WEST 33RD STREET

6 WEST 28TH STREET

60 EAST 34TH STREET

621 WEST 46TH STREET

65 WEST 55TH STREET

66 MADISON AVENUE

670 6TH AVENUE

7 EAST 53RD STREET

721 7TH AVENUE

723 7TH AVENUE

730 LEXINGTON AVENUE

76 MADISON AVENUE

777 7TH AVENUE

958 6TH AVENUE

After some discussion, the above bundled resolutions passed with a vote of 32 in favor, 0 opposed, 1 abstaining, as follows: IN FAVOR: Borden, Brosnahan, Chou, Dalal, Dowson, Ellington, Ford, Gartland, Goshow, Harris, Jr., Hershberg, Hutton, Kaback, Kahng, Kinsella, Lavingia, Law-Gisiko, Maffia, Marks, McCall, Miller, Nazarro, Noti-Victor, Ny, Reavis, Shapiro, Sigman, Southworth, Takahashi-Rial, Webb, Yong, Zulkowitz. ABSTAIN: Slutzkin.

Mr. Sigman then presented the following resolution: 

127 West 28th Street (between 6TH and 7TH Avenues), New York, NY 10001, Fortuna Hotel Chelsea LLC dba Hotel Hayden, application for alteration of existing on-premises liquor license.

WHEREAS, Fortuna Hotel Chelsea LLC (“Applicant”), has notified Community Board Five of its intention to apply to alter its existing on-premises liquor license for a full-service restaurant, patio and rooftop lounge within a limited-service hotel at 127 West 28th Street (between 6th and 7th Avenues), New York, New York, 10001 known as the Hotel Hayden (the “Premises”); and

WHEREAS, The Premises consist of three primary areas:

  1. A ground-floor Lobby Restaurant of 1500 square feet with a full kitchen and menu with One (1) patron bar, 13 tables, 26 chairs and 10 bar stools with a capacity of 23 people in the bar area and 80 people in the dining room;
  2. A Patio of 900 exterior square feet with 5 tables and 12 chairs; and
  3. A Rooftop of 1,200 square feet with One (1) patron bar, 10 tables, 15 chairs, and 13 bar stools with a capacity of 74 people; and

WHEREAS, The purpose of the alteration is to substitute the owner of the hotel as the licensee replacing a former tenant who had a history of at least 30 noise complaints to the NYPD between February 2020 and May 2021 when they ceased operation leaving the Premises vacant; and

WHEREAS, Applicant intends to retain a third-party manager of the Premises as a co-licensee, such manager represented by Joshua Berman, current operator of Royale, a restaurant/bar with an outdoor patio on the Lower East Side; and

WHEREAS, Applicant has agreed that Applicant shall:

  1. Operate the Lobby Restaurant exclusively as a full-service restaurant with table service only, except for limited private events as described below, and closing hours of no later than 12:00 AM Sunday through Wednesday and 1:00 AM Thursday through Saturday;
  2. Operate the Patio with table service only, no private events, and closing hours of 10:00 pm Sunday through Thursday and 11:00 pm Friday and Saturday;
  3. Operate the Rooftop as a restaurant/bar with no private events and hours as follows:
  1. Any areas that are fully enclosed shall be treated as indoor space with hours no earlier than 11:00 AM daily and no later than 12:00 AM Sunday through Wednesday and 1:00 AM Thursday through Saturday, after which the Rooftop will be closed to all patrons.  The enclosure must be tested by the Acoustical Consultant identified in Item (9) below in order to ensure that it complies with NYC Noise Code, including the requirement that noise emanating from the Premises shall not exceed 42 dBA as measured in any dwelling unit receiving the noise and the acoustic study promptly provided to CB5;
  2. Any areas that are not fully enclosed shall be treated as outdoor space with hours no earlier than 11:00 AM daily and no later than 10:00 pm Sunday through Thursday and 11:00 pm Friday and Saturday.
  1. Operate no part of the Premises as a nightclub at any time, which includes but is not limited to offering bottle service, dancing, and promoter-driven entertainment;
  2. Limit private events to the holiday season and at most 3 times per week and operate private parties with the same terms, conditions and provisions of this agreement, including but not limited to hours of operation, noise limits, and prohibition of any amplified sound;
  3. Direct smokers in front of the Premises away from neighboring residential apartment buildings and not allow smoking on the Rooftop at any time;
  4. Ensure music is played at a background level only and only during operating hours in the Lobby Restaurant and Rooftop and no later than 10:00 pm every night in the Patio;
  5. Not incorporate a DJ or live music in any part of the Premises, except for limited private events in the Lobby Restaurant, and never on the Patio or the Rooftop at any time;
  6. Retain a qualified, New York City Department of Environmental Protection-approved Acoustical Consultant, provide their full report to CB5, and follow through with their recommendations for installing a sound system and soundproofing that will be in compliance with the New York City Noise Code;
  7. Install a limiter that restricts all speakers from being operated at above-recommended levels, and allow access to this limiter only to management and never to staff or outside DJ’s;
  8. Prohibit dancing at the Premises at all times except for the Lobby Restaurant in connection with private events;
  9. Retain an adequate number of qualified security personnel in the Lobby, Patio and Rooftop at least 10:00 pm to 6:00 am Wednesday through Sunday, bearing in mind that certain times of day, days of the week, and special events will require increased security;
  10. Not apply for a sidewalk cafe without first coming before CB5 for approval;
  11. Not use a velvet rope admission policy at any time;
  12. Ensure that patrons occupy the Patio and enter and leave the Premises in a peaceful, quiet, and respectful manner at all times; discourage patrons from speaking loudly in the Patio or in front of the Premises after 10:00 pm; direct patrons away from smoking, loitering, or congregating outside the Premises and nearby residences at all times; discourage vehicular traffic in front of the Premises by prohibiting vehicles from standing longer than necessary; and keep the area outside the Premises clear and clean at all times;
  13. Arrange for private garbage pick-up and store garbage in containers in conformance with Department of Sanitation requirements and in a manner so as to not attract vermin or otherwise cause a disturbance or an annoyance to neighbors;
  14. Ensure that neighboring residents’ quality of life is not negatively impacted, and work diligently and immediately with CB5 to cure any issues impacting quality of life;
  15. Strictly comply with the method of operation as stated herein and not change the method of operation of the Premises unless prior approval is granted by CB5 in writing and approval is obtained by the New York State Liquor Authority as required by law; and
  16. Meet with neighbors and CB5 if requested and provide a 24-hour telephone number hotline to a live manager or owner to immediately address any complaints from the community during all hours of operation, which number shall initially be (212) 335-0402 (Joshua Berman); and 

WHEREAS, Should the Applicant ever contemplate a transfer of a controlling interest in the ownership or management (“transfer” being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), such transferring party shall notify CB5 of such intent and shall require any potential transferee to agree to the conditions and stipulations contained herein; and

WHEREAS, Should Morris Moinian ever contemplate a transfer of a controlling interest in the Applicant so that he does not have a controlling management interest in the Applicant (“transfer” being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license alteration application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5; and

WHEREAS, Members of the public appeared and commented regarding this application at a public meeting held at the hotel on August 23, 2023 and at the hearing held at the regularly scheduled CB5 SLAP meeting on November 1, 2023and the comments and concerns of the community were taken into consideration in negotiating these conditions and stipulations therefore be it; therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Fortuna Hotel Chelsea LLC to alter its existing on-premises liquor license for a full-service restaurant, patio and rooftop lounge within a limited-service hotel at 127 West 28th Street (between 6th and 7th Avenues), New York, New York, 10001 known as the Hotel Hayden unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

Affidavit Attached

 

 

 

 

After much discussion, the above resolution passed with a vote of 32 in favor, 0 opposed, 1 abstained: IN FAVOR: Borden, Brosnahan, Chou, Dalal, Dowson, Ellington, Ford, Gartland, Goshow, Harris Jr., Hershberg, Hutton, Kaback, Kahng, Kinsella, Lavingia, Law-Gisiko, Maffia, Marks, McCall, Miller, Nazarro, Noti-Victor, Ny, Reavis, Shapiro, Sigman, Southworth, Takahashi-Rial, Webb, Yong, Zulkowitz.. ABSTAIN: Slutzkin.

Mr Sigman then presented the following resolution on behalf of the committee:

47 West 20TH Street (between 5th Avenue and 6th Avenue, 20th AND 21st Streets; ROADSIDE ATTRACTIONS LLC aka 656 6th Avenue), New York, NY 10011 application for a new on-premises liquor license.

WHEREAS, Roadside Attractions LLC (“Applicant”), has notified Community Board Five of its intention to apply for a new on-premises liquor license for a theater at 47 West 20th Street (between 5th Avenue and 6th Avenue, 20th and 21st Streets; aka 656 6th Avenue), New York, New York, 10011 (the “Premises”); and

WHEREAS, The Premises consist of approximately 21,000 square feet in total on 3 floors with 3 patron bars, 4 service bars, 3 entrances and 5 exits, and a total capacity of 954 occupants with approximately 318 seats and 50 tables; and

WHEREAS, Applicant has agreed that Applicant shall:

  1. Restrict the hours of operation to no later than 12:00 a.m., Sunday through Wednesday, and 1:00 a.m., Thursday through Saturday; hours of operation restrictions refer to closing times, with last seating and beverage order taking place prior to closing time; 
  2. Restrict bar service only to ticketed patrons, or during private events;
  3. Limit private events at the Premises ending later than 10:00 p.m. to no more than 24 per year. A “private event” as used herein is a third party buy out of the entire venue and does not include ticketed events or performances. Private events shall never be operated in a manner consistent with a club or cabaret;
  4. Request landlord to enforce the lease terms of Grimaldi’s Coal Brick-Oven Pizzeria, which is adjacent to Applicant’s Premises, specifically with respect to ensuring adequate usable sidewalk space; 
  5. Use only 6th Avenue entrances for patron ingress and egress, with 20th street entrances used for staff, performers, deliveries, other non-patron uses, as an emergency egress, and as an ADA entrance for patrons;
  6. Provide dedicated security and / or staff members to assist with the smooth and quiet exit at closing times, use best efforts to prevent congestion or crowding by Applicant’s patrons of the public sidewalk space outside of the Premises at all times that the Applicant is operating, direct patron foot traffic to 6th Avenue and away from 20th street, all in accordance with the security plan and traffic analysis filed with the questionnaire; 
  7. Not use outdoor wait lines or rope lines at any time; 
  8. Set ride hailing pick-up / drop-off point on 6th Avenue and, during peak hours, deploy staff to provide active management of drop-off and pick-up traffic on 6th Ave and away from 20th St so as to minimize standing and idling, conflicts with buses, pedestrians, parked vehicles, bike lane and travel lane movements; 
  9. Arrange for waste removal to take place at times and in a manner consistent with Dept. of Sanitation regulations in enclosed containers, and loading activities occur during ordinary daily operating hours; 
  10. Meet with neighbors on a regular basis if requested and provide contact method, accessible during all operating hours, to a designated live staff member to promptly  address any complaints regarding Applicant relating to the operation of its business from the community; 
  11. Not allow patrons to bring in or consume alcoholic beverages not purchased on the Premises, and have no bottle service on the Premises other than bottles of wine and/or wine products;
  12. Perform adequate sound proofing measures and conduct an independent sound study once renovation is complete to measure exterior sound levels produced at the Premises to be in compliance with NYC Noise Code; 
  13. Not allow karaoke at the Premises, have recorded music played at a background level outside of show times, and in no event allow patron dancing or a DJ to be permitted on the Premises other than for a private event;
  14. Provide notice to CB5 before applying for a sidewalk café or pursuing outdoor operations; 
  15. Strictly comply with and adhere to the method of operation as stated herein, and not change the method of operation of the Premises unless prior notice is given to  Community Board 5 in writing, and approval is obtained by the New York State Liquor Authority as required by law; and 

WHEREAS, Should Applicant ever contemplate a transfer of its interest in the operation at the Premises (“transfer” being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), Applicant shall notify CB5 before such transfer is made; and

WHEREAS, Should Hunter Arnold ever contemplate a transfer of his interest in Licensee (“transfer” being deemed to include a change in control of an entity or the transfer of a majority interest in an entity), notice shall be given to CB5 before such transfer is made and any transferee shall be required to agree to the conditions and stipulations contained herein if the transferee has a substantially similar operation; and

WHEREAS, The Premises is located within CB5’s Restricted Licensing Area, an area of extreme density of businesses and residences; and

WHEREAS, CB5’s guidelines for the Restricted Licensing area (the “RLA Guidelines”) typically prevent CB5’s support of an establishment exceeding 4,000 square feet of space for patron use or without a full kitchen; and 

WHEREAS, An exception was intentionally made for this application because, despite being larger than typically allowed and without a full kitchen, the method of operation of the Premises is otherwise consistent with and otherwise complies with the RLA Guidelines in terms of hours of operation, use, and method of operation, etc., to wit,

 (i) the number of seats for patron seating at the Premises is only approximately 318 despite the large size of the space, 

(ii) the use of the space in excess of the allowed 4,000 square feet of patron space is exclusively to facilitate theatre viewing and theatre operations, 

(iii) the lack of a full kitchen is reflective of Applicant’s use of the space as a theatre, where a partial kitchen suffices for concessions purposes, and 

(iv) Applicant has designated its 6th Avenue entrance for patron egress and ingress and committed to measures to effectively control arrival to and dispersal from the Premises onto the 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 negotiating these conditions and stipulations; and

WHEREAS, These agreements, stipulations and conditions will be incorporated into the Method of Operation as part of the liquor license alteration application submitted by Applicant to the New York State Liquor Authority, a copy of which shall be simultaneously submitted to CB5, therefore be it

RESOLVED, That Community Board Five recommends denial of the application by Roadside Attractions LLC for a new on-premises liquor license for a theater at 47 West 20th Street (between 5th Avenue and 6th Avenue, 20th and 21st Streets; aka 656 6th Avenue), New York, NY 10011, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

AFFIDAVIT ATTACHED BELOW

 

 

 

 

After much discussion, the above resolution passed with a vote of 23 in favor, 9 opposed, 1 abstained: IN FAVOR: Borden, Dalal, Ellington, Gartland, Goshow, Harris Jr., Hershberg, Hutton, Kaback, Kahng, Lavingia, Maffia, McCall, Miller, Nazarro, Noti-Victor, Reavis, Shapiro, Sigman, Southworth, Takahashi-Rial, Webb, Yong. OPPOSED: Brosnahan, Chou, Dowson, Ford, Kinsella, Law-Gisiko, Marks, Ny, Zulkowitz. ABSTAIN: Slutzkin.

Kim McCall gave brief presentation on the following bundled resolution:

Application from Jack Morton Worldwide, on behalf of Ulta Beauty, for “Ulta Beauty Glowbe,” a Holiday Promotional Event in Herald Square Park on November 4, 2023

WHEREAS, Jack Morton Worldwide (the “Applicant”) has proposed a holiday promotional event “Ultra Beauty Glowbe” (the “Event”) on behalf of Ulta Beauty to take place in Herald Square Park (the “Park”) from 9am to 8pm on Saturday, November 4; and

WHEREAS, The Event is an initiative to promote the nearby Ulta Beauty retail store on West 34th Street and create holiday excitement; and

WHEREAS, Load-in and load-out for the Event will take place on Friday, November 3, 2023 at 10pm and Saturday, November 4 and Sunday, November 5, 2023 between 10pm and 2am, respectively; and 

WHEREAS, The Event has an expected attendance of 70 to 100 people at one given time as the event is tailored to engage pedestrians who are passing by; and

WHEREAS, The Event will take place in the center of the park estimating to take approximately 30 feet by 30 feet of floor area; and

WHEREAS, The Event signage will be limited to 3 large signs 22” x 28&quot;; and  

WHEREAS, The Event will have no amplified sound; and

WHEREAS, The Applicant has committed to working with the 34th Street Partnership to ensure that pedestrian traffic flow is minimally impacted during the event to allow the circulation of pedestrians; and

WHEREAS, The Event will be staffed by 25 to 30 people, including event staff, producer, and  24 hour security guard; and

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

RESOLVED, Community Board Five recommends approval of the application from Jack Morton Worldwide on behalf of Ulta Beauty for “Ulta Beauty Glowbe” Holiday Promotional Event in Herald Square Park on November 4, 2023, and be it further

RESOLVED, As the timing of the application being submitted to the Parks Department prevented a proper public hearing in advance of the Event, Community Board Five continues to request that the Parks Department extend the minimum notice required of event applications to 45 days, to ensure that they can be given a proper public hearing.

Application from 34th Street Partnership, in association with Octagon, Inc. for the “BMW Catch M If You Can Activation” an experiential tour in Bryant Square Park on the Northwest Rink Corner on November 17 – 18, 2023

WHEREAS, 34th Street Partnership, in association with BMW Catch M If You Can (the "Applicant"), is proposing an experiential installation in Bryant Park on November 17 – 18, 2023 from 9:00am to 6:00pm with very early morning and breakdown completed before midnight; and

WHEREAS, 34th Street Partnership has a continued goal of trying to make the neighborhood enjoyable, vibrant and full of people with innovative and contemporary programming and activation events and

WHEREAS, Octagon, Inc. is a creative group with significant experiences in experiential activations harnessing that playmaker spirit; and 

WHEREAS, The event is designed to increase direct awareness around the XM to target demographics throughout the United States; and

WHEREAS, The activation will have an actual BMW on display at the Northwest Rink Corner; and

WHEREAS, The activation will have a “Whisper Driving Program” in which on-site JHA product specialists will determine through natural conversation if a person is fully qualified for a potential future XM purchases; Once qualified, the product specialist will ‘whisper’ about XM’s off-site if they’d like to take a test drive; and

WHEREAS, There will be no amplified sound during the activation; and

WHEREAS, There are no participation fees associated with this activation; and 

WHEREAS, There is minimal signage; and

WHEREAS, BMW Catch M If You Can Activation will begin at 9:00 am and end by 6:00 pm for both days; and

WHEREAS, Set up time for the installation beginning at 4:00 a.m. and breakdown will begin by 5:30 p.m. with close down by 06:00 p.m.; and

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

WHEREAS, 34th Street Partnership will relocate public seating to nearby areas in close proximity resulting in no net loss of seating for park goers; and 

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

RESOLVED, Community Board Five recommends approval of the application from 34th Street Partnership, in association with Octagon, Inc. for the “BMW Catch M If You Can Activation” an experiential tour in Bryant Square Park on the Northwest Rink Corner with November 17 – 18, 2023.

Application from Real Art Design Group, on behalf of KOHL’s, for “Holiday Feels,” a digital kiosk in The Lodge in Bryant Park for a one-day marketing Event on November 17th, 2023

WHEREAS, Real Art Design Group, on behalf of KOHL’s (the "Applicant"), has submitted an application to hold a marketing Event in a section of The Lodge within Bryant Park on November 17th, 2023 (the “Event”); and

WHEREAS, The Event will take place between the hours of 10:00 am and 10:00 pm, with set-up beginning  at 7:00 am and breakdown completed by 11:59 pm; and

WHEREAS, The Event will consist of an AI-powered digital kiosk that will generate individualized holiday poems and gift ideas from KOHL's based on the participant’s entered preferences; and

WHEREAS, The Event area will contain a graphic holiday themed backdrop, several oversize gift boxes, and short queuing area; and

WHEREAS, The Event will take place in a small unobtrusive 15x15 section of The Lodge on the North East corner of The Rink Deck; and

WHEREAS, The Event will be staffed with 2 brand ambassadors to guide attendees through the process as well as 1-2 support staff; and

WHEREAS, The Event will have no amplified sound; and

WHEREAS, The Event will include giveaways of KOHL’s coupons, KOHL’s cash, or Gift Cards; and

WHEREAS, The Event will be open to the public and free of charge; and

WHEREAS, The Applicant has stated no data entered by the public into the kiosk will be stored, retained, or used for purposes other than generating the poem and gift suggestions; and

WHEREAS, The Applicant has received support from the Bryant Park Corporation and is making a significant donation to support the upkeep of the park; and

WHEREAS, The Applicant will be capturing images or video of invited “KOHL’s Influencers” during the Event, and the Applicant has agreed to providing necessary and proper notice for permission to the general public for the use of any digital images taken or used by exhibitor of the general public for commercial purposes during the time of the Event, as well as best-faith efforts to obtain written permission from members of the public recognizably captured; and

WHEREAS, In response to Community Board Five noting the on-going public conversation regarding the use of artificial intelligence, the Applicant has agreed to disclose in signage that the poems and gift recommendations are generated by the large language model ChatGPT; and

WHEREAS, Although Community Board Five has concerns about the commercial use of public parkland, the proposed Event will occur inside an existing commercial concession, has minimal impact on navigation, uses limited signage, and provides an opportunity for the public to enjoy the Event; 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 marketing events in Bryant Park; therefore, be it

RESOLVED, Community Board Five recommends approval of the application from Real Art Design Group, on behalf of KOHL’s, for “Holiday Feels,” a digital kiosk in The Lodge in Bryant Park for a one-day marketing Event on November 17th, 2023.

Application from Madison Square Park Conservancy for “Porcelanosa Descriptive Memory Marketing Event”, a marketing event in Madison Square Park from November 26 thru December 4, 2023

WHEREAS, The Madison Square Park Conservancy (the “Applicant”) intends to submit a permit application to the Parks Department for “Porcelanosa Descriptive Memory Marketing Event” (the “Event”), to be held in the southwest gravel section of Madison Square Park (the “Park”); and

WHEREAS, Set-up would begin at 12am running through 7am on November 29th; with the Event beginning at 8am on November 29th, ending at 9pm on December 2nd, and with cleanup and dismantling of the Event in all respects to be finished the morning of December 4th by 6am; and

WHEREAS, The Event is to consist of a four-day activation of a pop-up Porcelanosa, with cube-shaped 4x4x3 meter exterior measurements, simulating a gift box for the exhibition of Porcelanosa products; and

WHEREAS, There will be a “thank you” to Santa card writing activity inside, and Polaroids from the photo moment branded with the Porcelanosa logo distributed; and

WHEREAS, There will be hostesses and staff to regulate pedestrian flow into the showcase, and the gift box will be open to the general public for inspection, viewing, interaction, and conversation with up to four Brand Ambassadors, and some QR signage inside to direct traffic to the Porcelanosa store on 25th Street/Broadway; and

WHEREAS, There will be a series of special public events taking place at the Porcelanosa store during the marketing activation hours, including water color painting and origami, open to the general public; and

WHEREAS, There will be security staff in charge of overseeing the correct functioning of the action during the days it is installed; and

WHEREAS, There will be amplified sound, it will be played in the interior structure only, and kept at a volume between 60-80 decibles; and

WHEREAS, There will be a generator used to power the pop-up, with a heat-pump of an estimated 10Kw consumption, a total electricity consumption estimated at 40kva including interior lighting, heat pump, and audiovisual equipment; and

WHEREAS, There will be no food distributed, and every effort will be made to minimize the impact on the use of the park by the general public while this event is ongoing; and 

WHEREAS, Signage will be limited to branding that is restrained and suitable as to size and quantity relating to the products in question; and

WHEREAS, Applicant has indicated that in return for the private use of public space for this event, a substantial contribution to the Park 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 second 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 “Porcelanosa Descriptive Memory Marketing Event”, a marketing event in Madison Square Park from November 29-December 4, 2023.

The above bundled resolutions passed with a vote of 29 in favor, 0 opposed, 1 abstained: : IN FAVOR: Borden, Brosnahan, Chou, Dowson, Ellington, Ford, Gartland, Goshow, Harris Jr., Hershberg, Hutton, Kaback, Kahng, Kinsella, Lavingia, Law-Gisiko, Maffia, Marks, McCall, Miller, Nazarro, Noti-Victor, Reavis, Shapiro, Sigman, Southworth, Takahashi-Rial, Webb, Yong, ABSTAIN: Slutzkin.

 

 

 

Janet Yang gave brief presentations on the following bundled resolutions:

Request by USA Guided Tours, LLC, for a sightseeing bus stop on the west side of 7th Avenue between West 50th Street and West 51st Street

WHEREAS, USA Guided Tours, LLC, requests a sightseeing bus stop from the Department of Transportation (“DOT”) on the west side of 7th Avenue between West 50th Street and West 51st Street for pick-ups and drop-offs Monday through Sunday with five daily pick-ups from 8:30 a.m. through 10 a.m. with a frequency of 1 pick-up every 15 minutes and five daily drop-offs from 3:00 p.m. to 4:30 p.m. with a frequency of 1 drop-off every 15 minutes; and

WHEREAS, The requested location is currently marked No Standing, is already licensed to Gray Line New York Tours, 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

WHEREAS, The Times Square Alliance noted the proximity to entry and egress from the Winter Garden Theater, which seats two audiences of 1,500 people a day; and

WHEREAS, The prospect of pick-ups by multiple operators at similar times was raised, to which DOT stressed to operators that they are encouraged to pick up and depart quickly to limit avoidable idling and congestion, and the operator shared a commitment to do so; 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, including a comprehensive vision for overall placement and capacity of sightseeing buses; therefore be it

RESOLVED, Community Board Five finds no significant objection to the proposed location for a sightseeing bus stop operated by USA Guided Tours, LLC, on the west side of Seventh Avenue between West 50th and West 51st streets.

Request by Go New York Tours, Inc., dba Top View Sightseeing for a sightseeing bus stop on the west side of 7th Avenue between West 50th Street and West 51st Street

WHEREAS, Go New York Tours, Inc. dba Top View Sightseeing requests a sightseeing bus stop from the Department of Transportation (“DOT”) on the west side of 7th Avenue between West 50th and West 51st Streets for pick-ups and drop-offs Monday through Sunday, 9:15 a.m. through 5:15 p.m., with a frequency of 1 trip every hour; and

WHEREAS, The requested location is currently marked No Standing, is already licensed to Gray Line New York Tours, 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

WHEREAS, The Times Square Alliance noted the proximity to entry and egress from the Winter Garden Theater, which seats two audiences of 1,500 people a day; and

WHEREAS, The prospect of pick-ups by multiple operators at similar times was raised, to which DOT stressed to operators that they are encouraged to pick up and depart quickly to limit avoidable idling and congestion; and

WHEREAS, Community Board members expressed concern about DOT supervision of sidewalk crowding created by this Hop-On, Hop-Off sightseeing operation; 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, including a comprehensive vision for overall placement and capacity of sightseeing buses; therefore be it

RESOLVED, Community Board Five finds no significant objection to the proposed location for a sightseeing bus stop operated by Go New York Tours, Inc, dba Top View Sightseeing, on the west side of Seventh Avenue between West 50th and West 51st streets.

The above bundled resolutions passed with a vote of 30 in favor, 0 opposed, 1 abstained: : IN FAVOR: Borden, Brosnahan, Chou, Dowson, Ellington, Ford, Gartland, Goshow, Harris Jr., Hershberg, Hutton, Kaback, Kahng, Kinsella, Lavingia, Law-Gisiko, Maffia, Marks, McCall, Miller, Nazarro, Noti-Victor, Ny, Reavis, Shapiro, Sigman, Southworth, Takahashi-Rial, Yong, Zulkowitz.. ABSTAIN: Slutzkin.

 

 

CB5 FY25 District Needs and Budget Priorities

District Overview

Geography:

Community Board 5, located in the very center of Manhattan, is an extremely vibrant area of the city, as it is host to cultural attractions, world class dining, commercial districts and residential enclaves. Our boundaries extend from Lexington to 8th Avenues and 14th to 59th Streets. Within CB5's jurisdiction, one can find many of New York City's most famous and iconic areas and buildings, such as Times Square, Central Park, the Flatiron Building, the Empire State Building, Rockefeller Center and Grand Central Terminal. 

Population

According to the 2020 Census, the residential population of CB5 has been growing steadily with an estimated population of 63,600 which is an increase of 23% over 2010. The 2020 Census also indicates the population is becoming more diverse with the share of Hispanic, Asian and Black residents more than doubling from the 2010 Census. 

While CB5 has a much smaller residential population than many community districts, it should be noted that the area is host to many of the millions of tourists that visit New York each year.  The District also caters to over one million workers that commute into Manhattan each week.  CB5 is crisscrossed by nearly all subway lines, and the Port Authority Bus Terminal, located just beyond our western border, makes us a focal point for the city's significant pedestrian and vehicular traffic.  

Housing

According to the Census, between 2010 and 2020 CB5 has added 5,773 additional units of housing representing a 15.8% increase in housing stock in the District.  During this same period, the District also saw a significant increase in the number of vacant housing units.  The combination of smaller existing units into larger units as well as the demolition of old housing stock has contributed to the loss of affordable units in the District.  Manhattan has the highest share of  housing density in the country at 62%(as per Construction Coverage). 

Tourism

After experiencing a dearth of tourism during the COVID period, Manhattan is on track to welcome over 61 million tourists in 2023.  As the hub for many of these visitors, CB5 boasts a number of hotels, theaters, entertainment spaces, restaurants, and stores, as well as iconic attractions such as the Stephen A. Schwarzman Building and the Empire State Building.

CB5 has seen over 21 new hotels added to the current stock within the District to service the influx of visitors. While CB5 welcomes these visitors as they influence the unique character of the District while recognizing that the large number of individuals visiting the District also poses challenges.

Commercial Spaces

Manhattan has seen record high vacancy rates with 22.4% of its commercial space empty as of the first quarter of 2023 much of it within the boundaries of CB5;  District is facing above borough averages for commercial vacancies.

While this is attributable to more flexible work offerings from employers, new data from the Partnership for New York City indicates that more people are returning to their offices with 58% of pre pandemic Manhattan office workers in the workplace on an average weekday. The Partnership reports that the expectation is that this will grow to 59% on a long-term basis.

According to the New York City Council Data team, some of the highest storefront vacancy rates are found in the Midtown Manhattan business areas due to rising rents, changing consumer habits and the growth of e-commerce. In terms of neighborhood vacancies, Turtle-Bay-East Midtown, which partially lies in CB5, has the highest storefront vacancy rate at 19.8% while Midtown-Midtown South comes a close second with over 550 vacant storefronts.  

Homelessness

As of June 2023,  there were over 100,000 people living in New York City shelters with thousands more living on the street including nearly 19,000 families with children. The city's homeless population is now the highest it has been since the Great Depression.  While the City increased expenditure aimed at addressing the homeless crisis in 2022, the outcomes have been underwhelming. The directives succeeded in relocating only 119 individuals out of the 2,308 homeless New Yorkers residing in encampments to the shelter system. This represents a 5% success rate as per the Comptroller’s most recent report. Yet the report further notes that just three of those moved to the shelter system ended up in permanent housing.

There is often a visible homeless population within CB5 particularly around the Penn Station area and the vicinity of Port Authority Bus Terminal.  These areas are heavily trafficked, with a significant number of transportation hubs and public spaces, which can attract individuals experiencing homelessness.  According to data from the New York City Department of Homeless Services, one of the areas in Manhattan with the highest rates of homelessness is Midtown, the center of CB5.

It is generally reported that a substantial portion of the homeless population experiences mental illness. The Substance Abuse and Mental Health Services Administration (SAMHSA) has reported that around 25% of people experiencing homelessness in the United States have a serious mental illness which means plans to address homelessness necessarily must include mental health services. 

Migrants

Over 130,600 migrants have arrived in New York City since 2022 and the City is using a landmarked former hotel within CB5 as its primary migrant intake center. While the City is currently operating over 140 emergency shelters and eight humanitarian relief centers, several located in CB5, it is currently not able to fully address migrant needs and has sought authorization to limit the entitlement to shelter. 

Even prior to the request to limit shelter accommodation, CB5 has seen long lines outside of the Roosevelt Hotel with migrants, at times, sleeping outside on the sidewalk.  And as migrants continue to arrive into the City in record numbers, it is unclear how the City will process, at this single Midtown location, these new arrivals along with those who return for processing after their limited entitlement is exhausted.  Hotels within CB5 have been converted to use for migrants and many are currently being used to house migrant families with children, many who attend local CB5 schools.  

Micro mobility

CB5 has seen an increase in bicycle lanes including the transformation of Broadway between Herald Square and Madison Square Park along with the pedestrian mall created on Broadway between 42nd Street and 47th Street that provided room for cyclists.  Along with this, CB5 has experienced a proliferation of various forms of micro-mobility usage including bicycles, e-bikes, electric scooters, e-scooters and mopeds an complaints include the use of these vehicles on the sidewalk,riders  riding in the wrong direction on roads and in bike lanes and failing to obey traffic laws.  Complaints about the parking of a large number of these vehicles have been registered around the Roosevelt Hotel as well as areas in which operators congregate.  Locations where micro mobility vehicles may be permitted to park so as to minimize concentration in any one area are necessary.

Open Restaurants

The Open Restaurants program that allowed restaurants to expand outdoor dining space to accommodate more patrons safely during COVID has been made permanent.  As one of the Districts perhaps most impacted by this program, CB5 created an Open Restaurant Task Force to consider the impact of this program upon the District.  The Task Force has issued recommendations at how the Open Restaurants may best serve the District and has called for neighborhood environmental impact statements as well as the ability to weigh in on the operation of the program including give backs for use of the public realms such as public bathrooms.

Penn Station 

The revitalization of Penn Station is a major project within the District.  The station is one of the busiest stations in the US, and has been a significant and ongoing urban redevelopment project aimed at transforming and improving the transportation hub and the surrounding area in New York City. Penn Station serves as a central transit point for Amtrak, Long Island Rail Road (LIRR), and New Jersey Transit, as well as the New York City Subway. 

The  multi-phase, multi-year project is part of ongoing efforts aimed at achieving a more efficient, attractive, and functional transportation center and  is part of a broader urban redevelopment initiative to improve public transportation in New York City.  

The primary goals of the revitalization effort are to improve passenger experience, modernize the facilities, and restore the grandeur of the original Penn Station. It aims to address the overcrowding and congestion issues, enhance transit connectivity, and create a more welcoming and efficient space for commuters and travelers.

CB5 created the Community Led Improvement Plan (CLIP) Task Force to address this project which will have an indelible impact upon CB5.  Several resolutions have been adopted and work is on-going to help engage the community as well as develop recommendations to address current plans including the development of the public realm.

Cannabis

Since cannabis became legal for adults 21 and older to possess, thousands of unlicensed cannabis shops have opened in New York City without regard to their legality.  As CB5 is required to weigh in and vote on every potential cannabis location, similar to the liquor license process, and has limited time to review each application and offer their opinion to the state, the CB5 SLAP committee convened a Cannabis Task Force.  The task force developed comprehensive rules to balance the needs of the community with public safety concerns, while ensuring any proposed locations are appropriate and run by responsible operators. The rules promulgated by the task force will be used by the CB5’s SLAP committee as a blueprint to evaluate any cannabis retail application which provides transparency in decision-making and clarity for those coming before the Board to request approval.  By developing and following these clear and comprehensive rules, CB5 seeks to ensure that pot shops operate responsibly, comply with regulations, and minimize any negative impacts on the community.

In line with its support of legal cannabis retail stores, CB5 supports the initiative announced by the District Attorney and Mayor to shut down New York’s 1,400 unlicensed cannabis shops so that legitimate businesses within the District may flourish.

State Environmental Quality Review 

The State Environmental Quality Review (SEQR) process is a legal requirement in New York State that mandates the consideration of environmental factors before certain actions are taken by state and local agencies and  is designed to assess and mitigate potential environmental impacts of proposed projects or actions.  CB5 believes that the SEQR process should be adapted to seek a more holistic assessment.  Specifically, CB5 would like to see a requirement for cumulative impact analysis. This analysis would assess the combined effects of multiple projects and activities in a defined area, rather than evaluating projects in isolation. This is extremely important in a dense urban area like CB5 where numerous projects can impact the environment collectively. As part of the holistic outlook, the SEQR formulation should also set clear environmental thresholds and standards for specific environmental parameters such as air quality, noise, water quality, sunshine protection and green space. It could consider the environmental effects of demolition versus adaptive reuse.  These standards can guide the evaluation of projects and ensure that projects contribute to rather than degrade environmental quality. Periodic comprehensive environmental reviews of specific areas within the city would allow for the ongoing evaluation of the environmental effects of multiple projects and serve to  strike a balance between protecting the environment and supporting responsible development. 

Policy Specific Needs

The three most pressing issues facing the district are : homelessness, economic recovery and development and quality of life issues.  

Homelessness is rampant throughout CB5 and the City must approach the issue with a comprehensive and compassionate strategy that combines short-term assistance with long-term solutions to address the root causes of homelessness. CB5 calls upon the City to provide housing along with comprehensive support services such as job training, medical care, mental healthcare, and addiction treatment. While budgetary constraints are often offered as a reason for the lack of homeless services and housing, upfront investment in homeless housing and services is likely to result in better public health outcomes which in turn lessens the need for emergency services, including shelters and hospital services for the homeless.  Apart from the humanitarian necessity of providing such services, the presence of a large and visible homeless population negatively impacts tourism, the reputation of the District and how residents feel in their neighborhoods,which, in turn, affects businesses and jobs.

Addressing economic recovery in Midtown Manhattan is essential not only for the well-being of the local community but also for its role in the larger economic ecosystem, impacting the city, state, and nation. Strategies for recovery must involve targeted investments, incentives for businesses, tourism promotion, and support for the creative industries that New York City is known for.  As CB5 recovers economically it will enhance the overall quality of life for its residents and visitors by providing access to better services, more job opportunities, and a vibrant cultural scene.  

Addressing quality of life issues within the District fosters a sense of community and social cohesion and creates a more welcoming and inclusive place for all. We would like to see investment in public safety measures, such well-lit streets and crime prevention programs to enhance security including anti-shoplifting mechanisms.  Quality of life also includes ensuring residents of all income levels can access suitable housing along with the development and maintenance of green spaces, the maintenance of our tree canopy and sightlines to iconic landmarks. Our District welcomes regulations and enforcement to mitigate excessive noise especially in residential areas.  We also wish to see improvements in cleanliness through effective waste management and sanitation services to create a more pleasant environment throughout the District.  And while we appreciate the availability of cycling and alternative modes of transportation, we need to ensure there is enforcement of our laws and that they are are followed by everyone which will make our streets safer for pedestrians, micro mobility riders and motorists.  

Health Care & Human Services:  Services to reduce or prevent homelessness

Given the number of homeless individuals and families within CB5 as well as the large numbers experiencing housing insecurity, services to reduce or prevent homelessness are of primary concern to those in the District. Addressing mental health needs is a crucial aspect of homelessness prevention and assistance programs and we include that in our most important issue within this policy area.  

Providing access to mental health services, supportive housing with integrated mental health care, and comprehensive support systems are essential to addressing the complex needs of individuals experiencing homelessness and mental illness and we would like to see robust funding for these programs.  We ask for additional funding for private emergency shelter accommodation as well as funding for the expansion of the City FEPS ( Family Eviction Prevention Supplement) program to help people transition to permanent housing with rent support. We have also requested funding for cost of living increases for those that are currently working in homeless community outreach. CB5 understands that one of the barriers to effective outreach is the inability to attract and retain staff and this funding will help to ensure the availability of trained homeless outreach workers.  We also have requested funding to expand the intensive mobile outreach teams who are critical in stabilizing those in supportive housing so that they do not become homeless. 

CB5 recognizes that individuals facing eviction are much more likely to be evicted when they are not represented by a lawyer.  CB5 has requested that there be robust funding of the Right to Counsel program which will greatly aid those seeking to retain their homes.

Finally, as luxury developments continue to expand, there's also a concern about the potential displacement of long-term residents and the exacerbation of income inequality and we call on the City to ensure that luxury developments increase, rather than decrease, the availability of affordable units and that programs to ensure there is no displacement of long term residents be continued.

Youth Education and Child Welfare: Youth workforce and summer youth employment (SYEP)

CB5 continues to support funding SYEPs, which provide local youth with hands-on work experience while helping to instill leadership, innovation, problem solving, communication and time management. Research has found that well-designed SYEPs have positive impacts on academic and health outcomes, as well as soft skill development. These programs build the self-esteem and self-confidence of young people which in turn helps them to develop the ability to manage personal and social relationships as well as help address socioeconomic disparities by providing opportunities to those who might not have access. 

Youth employment rates are very low relative to historical standards, triggering what has been called a “youth employment crisis”.  CB5 hopes that this program can be fully funded so that any youth that applies may be admitted to the program. 

Public Safety and Emergency Services:  Crime Prevention programs

While noise complaints are consistently at the top of complaints registered at 311 for the CB5 community, crime prevention programs are of the utmost concern in this policy silo. The empty storefronts in the District attest to the need to nurture and protect retail establishments. We have seen these organizations face increased challenges related to theft and shoplifting and encourage programs that support the viability of our retail establishments.

As a primary destination for tourists as well as those who live and work here, it is important that we maintain a robust and lively streetscape in which retail establishments are often an integral part.  By investing in theft prevention programs, businesses contribute to the overall safety and well-being of the community and help foster a sense of security, making the community a more desirable place to live, work, and visit.

CB5 has also requested funding for vending enforcement which impacts our local retail.  Apart from crime prevention, the protection of local businesses are paramount as they contribute to a vibrant streetscape and contribute to the city in myriad ways. CB5 encourages the City to ensure that local businesses, especially those that were key to the District’s pandemic recovery, be supported and not be undercut by other policies.  The recent shuttering of popular restaurants Marta and Maialino which occurred as the landmarked Redbury hotel transitioned to migrant housing was a blow not only to those who worked there but also to the District’s economic recovery and street vibrancy.

Core Infrastructure, City Services and Resiliency: Cleanliness / trash collection

Trash and unsanitary conditions have been ongoing issues for the District and we hope that the problems will be alleviated given the new rules around commercial collections, the new rules regarding residential garbage, the new bin requirements and the increase of trash receptacles. We also hope that the new Rat Czar will have a major impact on the number of rats within the District. 

We have asked for funding to ensure that the frequency of trash collections in and around the Grand Central area be increased.  In addition, we have requested funds to ensure the continued operation and success of the precision cleaning initiative as well as increased enforcement of dirty sidewalk/dirty areas and failure to clean area laws. 

Although we have identified sanitation as our most important issue in this policy silo, CB5 also has grave concerns about the preparedness of the District for extreme weather events.  Rain earlier in the year overwhelmed the sewer system and flood water spilled into the subways causing major disruptions.  Accordingly, we have asked for additional funding to ensure there is a preparation and a plan to deal with extreme weather events including rainfall, flooding and extreme heat as the city's aging infrastructure, including its sewer system and transportation network, appear ill-equipped to handle the increased stress from extreme weather events. 

Housing, Economic Development and Land Use:  Affordable Housing Creation

Addressing the need for affordable housing in Midtown Manhattan is an ongoing challenge, given the District’s unique characteristics and the high demand for housing in this central location. However, it remains a critical goal to ensure that the area remains accessible to a broad range of residents, including those with varying income levels and background and CB5 has continually advocated for the retention of current units as well as the inclusion of affordable units in new developments. As always, CB5 requests funding for housing preservation programs, including funding for New York City’s Department of  Housing Preservation and Development to expand the community land trust initiative to create and preserve permanent affordable housing.  

New opportunities for affordable housing must be found, including senior housing, supportive housing, and housing for the formerly homeless, and existing affordable housing must be preserved in perpetuity as  current programs do not create affordable housing and in fact often exacerbate affordability.  

Transportation and Mobility:  Traffic Safety and Enforcement

The enforcement of New York City Traffic Rules and Regulations is a complex task that includes education, licensing, infrastructure and enforcement and we support every measure taken to  ensure compliance with New York City Traffic Rules and Regulations.  Complaints in the District include bicycles, mopeds and motorcycle riders riding the wrong way in bike lanes and against traffic on the streets, failing to obey traffic rules and riding on the sidewalk.  

Cyclists whether on bike, e-bike, scooter, moped or motorcycle cannot be immune to the local laws governing our public realm. CB5 encourages and requests increased funding for enforcement of local laws whether this is administered through DOT or the NYPD to ensure the safety of pedestrians, riders and drivers as we share the public realm. We also request permanent bike infrastructure on streets that do not have dedicated bike lanes.

Parks, Culture and Other Community Facilities: Quality of parks and park facilities

CB5 is perhaps unique in that most of its park space is not managed by the Parks Department.  Instead these parks are operated by private nonprofit organizations who are responsible for the day-to-day management, maintenance, and programming. These non-profits work in partnership with the New York City Department of Parks and Recreation to ensure the park's upkeep and the implementation of various activities and events.

CB5 is seeking additional green space including the creation and preservation of the tree canopy within the District.  The Board supports programs that plant trees, focus on maintenance efforts, and public awareness campaigns.  Trees play a vital role in managing stormwater runoff and help prevent flooding, decrease the strain on drainage infrastructure, and improve water quality by filtering pollutants before they enter water bodies. Moreover, access to green spaces has positive impacts on public health and well-being. Trees and greenery in the city have been linked to reduced stress levels, improved mental health, increased physical activity, and enhanced overall quality of life. 

Community Board Budget Requests The final section includes the two types of budget requests submitted to the City for the FY24 budget cycle; one list for capital and another for expense budget requests. For each budget request, community boards were able to provide a priority number, explanation, location, and supporters. OMB remains the definitive source on budget requests submitted to city agencies.

See Attached Lists of FY24 Expense and Capital Items

The above report passed with a vote of 30 in favor, 0 opposed, 1 abstained: : IN FAVOR: Borden, Brosnahan, Chou, Dowson, Ellington, Ford, Gartland, Goshow, Harris Jr., Hershberg, Hutton, Kaback, Kahng, Kinsella, Lavingia, Law-Gisiko, Maffia, Marks, McCall, Miller, Nazarro, Noti-Victor, Ny, Reavis, Shapiro, Sigman, Southworth, Takahashi-Rial, Yong, Zulkowitz.. ABSTAIN: Slutzkin.

 

 

 

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

An application for a new building to be constructed at 10 West 17th street.

WHEREAS, The proposed new building is located within The Ladies Mile Historic District; and

WHEREAS, The proposed site is on the South Side of 17th street just west of Fifth Ave, just within the border of of the Historic District; and

WHEREAS, There had been another building of the same bulk and height approved for this location which was never built and the permit has expired; and

WHEREAS, The space is currently an empty lot; and

WHEREAS, The Ladies Mile Historic District includes an assortment of grand department store buildings, lofts and early skyscrapers and was designated a landmark District in 1989; and

WHEREAS, The Ladies Mile Historic District was a prime shopping district in Manhattan, New York City at the end of the 19th century, sometimes referred to as “The Gilded Age”, serving the well-to-do “carriage trade” of the city and serviced by the 6th Ave. elevated subway; and

WHEREAS, Most of the district’s buildings are commercial and date from the period between the Civil War and World War I; and

WHEREAS, According to Jack Taylor, President of The Drive to Protect the Ladies’ Mile District, “All these great buildings, all this shopping, engendered a feeling of opulence. And because it was so popular, that made it safe for women to go shopping unaccompanied by men for the first time; and

WHEREAS, During and following World War I, many department stores moved uptown and the buildings were converted for manufacturing use, with many garment manufacturing factories, and today most of the buildings retain their commercial character, with a strong retail ground floor presence, though some have been converted for residential use; and

WHEREAS, The proposed new building would be approximately 50 feet wide and 189ft high and 17 stories with a 30ft rear yard; and

WHEREAS, The new structure would contain a canopy with the dimensions of 13” wide, 5ft deep, and 12” tapered to 18” thick, and 10 feet above ground, with lighting on the underside; and

WHEREAS, There is LED lighting at ground level for safety; and

WHEREAS, The building design features an American walnut wood door, which is a departure from other entrances within the district; and

WHEREAS, The building has no retail space; and

WHEREAS, The building facade is to be constructed from Ultra High Performance Concrete or UHPC; and

WHEREAS, The UHPC is molded with a design meant to invoke the gentle folds found in fabrics to give a nod to the industry that previously dominated The Ladies Mile Historic District; and

WHEREAS, This design is not something that already exists in the District; and

WHEREAS, The crown of the building features a three dimensional, asymmetrical, three-story structure consisting of additional apartment square footage as well as stepped terraces which the applicant refers to as a dormer to fall under the zoning resolution dormer exemption; and

WHEREAS, This structure is unlike anything that can be found in the District; and

WHEREAS, The color of the building is intentionally and substantially different than the buildings on the block and in the district; and

WHEREAS, Despite the bold design, the building lacks appropriateness and harmony within the District; therefore, be it

RESOLVED, Community Board 5 recommends Denial of this application for a new building to be constructed at 10 West 17th street.

 

After much discussion, the above resolution passed with a vote of 18 in favor, 11 opposed, 2 abstained: IN FAVOR: Brosnahan, Chou, Dowson, Ellington, Ford, Goshow, Hershberg, Hutton, Kahng, Kinsella, Law-Gisiko, Maffia, Marks, McCall, Ny, Shapiro, Sigman, Yong. OPPOSED: Borden, Gartland, Harris Jr., Kaback, Lavingia, Miller, Nazarro, Noti-Victor, Reavis, Southworth, Takahashi-Rial. ABSTAIN: Slutzkin, Zulkowitz.

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 Second Vice Chair Slutzkin at 8:00pm.

 

Respectfully submitted by, 

Mary Brosnahan

Secretary

Samir Lavingia

Assistant Secretary

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