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Manhattan Community Board Five

October 2023

Full Board October 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, October 12, 2023 at Xavier High School.  

Members Present

David Achelis

Nicholas Athanail

Mary Brosnahan

Julie Chou

Sarah Dowson

Katherine Ellington

Aaron Ford

Kevin Frisz

Laura Garcia

Bill Gartland

Nancy Goshow

John Harris Jr.

Elisabeth Hutton

Michael Kaback

Renee Kinsella

Samir Lavingia

Layla Law-Gisiko

Sam Levy

Joseph Maffia

Isabel Marks

Kimberly McCall

Christopher Nazarro

Yaran Noti-Victor

Charles Ny

Tiffany Reavis

Tod Shapiro

Bradley Sherbrune

David Sigman

Craig Slutzkin

James M Southworth

Sachi Takahasi-Rial

Zona Xu

Janice Yong

Zool Zulkowitz

Present Part

Mohit Bhalodkar

Absent

Aidan Blake

Seth Borden

Ankur Dalal

Tristan Haas

Zarar Haider

Marc Hershberg

Robert Isaacs

Kathy Kahng

EJ Kalafarski

Charles Miller

Sarah Sung 

Pete Webb

Alan Yu

Excused

Vikki Barbero

Public Members

Elected Officials

Harvey Epstein

Assembly Member

Alex Bores

Assembly Member

Keith Powers

Council Member

Elected Officials Reps

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 

Bracha Rosenberg

Borough President Levine

Curtis Young

Public Advocate Williams

Staff

Marisa Maack

District Manager 

Kim Rodney

Community Coordinator 

Mike Fissinger

Community Associate

Public Attendees 

Lisa Wager

Brian Weber 

Lillian

Christy  Lopez Bernell

David Trader

Mark Williams

John Liang

At 6:03pm on October 12, 2023 Public Hearing of Community Board Five was called to order by 1st Vice Chair Nick Athanail

PUBLIC HEARING 

Brian Weber – introduced himself as a community resident, public member of CB 4, Co-Chair of the 36 Street Block Association and the president of the Midtown South Precinct Community Council and spoke in opposition to the application for a conditional adult used retail dispensary cannabis license at 480 7th Avenue. 

Lillian – Resident on West 36th Street – spoke in opposition to the cannabis application for 480 7th Avenue. 

Christy Lopez Bernell - representing the residents located directly across the street from 133 West 30th Street spoke in opposition to the liquor license for Grimoire Group, LLC, dba “Vie en Rose,” 133 West 30th Street, stating that the applicant is unwilling to meet the area standards. She also stated that they reapplied to operate until 2:00a.m. on week nights and 4:00 a.m. on weekends despite claiming to be primarily a restaurant. She spoke of intoxicated patrons gathering and loitering on the sidewalks and streets in front of the synagogue.

David Trader – Resident of 130 West 30th Street – spoke of the buildings on the block having residential buildings, a hotel, retail space, a synagogue, school and restaurants with liquor license all of them complying with the standards but the applicant is seeking to override this by operating until 4:00a.m. on weekends. He asked that the Board deny the application until and unless they conform.

Mark Williams – stated that Community Board 5 has been infiltrated by members who are employed by, on the governing board of, or otherwise associated with Open New York, stating that while it asserts a mission to support affortdable housing, it is, in fact funded by large real estate interests in the city. He called attention, in particular, to a vote which took place at CB5’s previous board meeting at which Open New York members supported the interests of Extell development.

John Liang – introduced himself as the Medical Director of the Neuroscience ICU at Mt. Sinai Hospital and discussed a trial, sponsored by the National Institute of Health on intracranial hemorrhage otherwise known as a brain bleed. Dr. Liang detailed a medication called Factor VIIa to help in people with head trauma injuries resulting in brain bleed. While naturally-occurring Factor VIIa is known to help reduce bleeding, more rigorous studies are in progress to determine if a man-made similar protein can better assist people with brain bleed injuries.

Lisa Wager - Director of Government Community Relations at FIT – spoke of ranking for Undergrad and Masters programs. She also mentioned the select list of 12 new fashion books recommended this fall by the New York Times Style section editors.

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 First Vice Chair Nicholas Athanail.

REPORTS OF ELECTED OFFICIALS/REPS 

Assembly Member Alex Bores – addressed the recent terrorist attacks in Israel, offered assistance to Americans there, and discussed related local safety measures in New York. He introduced three initiatives: giving Community Boards the option of hybrid or virtual meetings; a bill requiring AI disclosure in campaign materials, and moped registration. Lastly, he announced a town hall meeting on October 25th at the City Graduate Center.

 

Harvey Epstein – Assembly Member – spoke on the crisis in Israel, proposed bills for optional return to remote Community Board, education, and CDC meetings, and addressed climate change. He detailed efforts on affordable housing, legalizing basement apartments, and a bill about medication abortion on college campuses. Lastly, he announced upcoming events, potential closure of Mt. Sinai’s Beth Israel campus, and spoke on recycling. 

Brianny Rodriguez – Councilmember Rivera’s Office – announced upcoming events.

Curtis Young – Public Advocate Williams’s Office – announced City Council’s recent passing of legislation to require dyslexia screenings for people incarcerated in city jails. He announced that the Public Advocate had 21 bills passed so far. He also spoke of publishing of the annual Landlord list to be released in December. He spoke of upcoming events by the Public Advocate’s office.

Bracha Rosenberg – Borough President Levine’s Office – announced that the Borough President stands with the Jewish community and is working closely with the NYPD to ensure the safety of our community. She then announced that the Borough President and the NYC Housing Preservation Development hosted an MWBE contractor fair which was an excellent opportunity for small business owners to gain in-depth knowledge about the contracting procedure and opportunities and be connected to local resources. She also spoke of other upcoming events. 

Ben Lowenstein – Assembly Member Simone’s Office –announced a Town Hall to discuss local issues with Senator Brad Hoylman-Sigal, Manhattan Borough President Mark Levine and Councilmember Bottcher. A forum was also announced to inform tenants about their rights regarding the expiring 421a tax exemption, along with a free Covid and flu vaccine event. He stated that Assembly Member Simone submitted a letter to reject excessive rate increases by Health Insurers and lastly announced a letter on congestion pricing

 

Councilmember Keith Powers – expressed support over a heartbreaking issues in Israel and announced a security briefing for religious institutions and high-profile locations. He wrote a bill that was passed to convert the city’s Municipal Fleet to zero-emissions electric vehicles. Another bill was passed to create a program for the removal of faulty e-bike batteries from the streets.

Eric Strazza - Manhattan District Attorney Bragg’s Office – discussed efforts to combat gun violence, particularly ghost guns, and an ongoing investigation with NYPD's Intelligence and Counterterrorism Bureau that led to three arrests and the recovery of 3D printed firearms at an East Harlem daycare. Additionally, work is being done to address unlicensed cannabis shops throughout the borough, in partnership with landlords and using civil law to evict these locations.

Peyton Schultz – State Senator Gonzalez Office –  expressed grief over recent terrorist acts and announced a shredding event on October 22nd along with the signing of Senator Gonzalez’s bill S7474 into law by Governor Hochul, which mandates cybersecurity risk and vulnerability assessments for critical infrastructure in New York State.

Robin Forst – Mayor Adam’s Office – stated that the mayor and Sanitation Commissioner announced that residential buildings with nine or fewer units will be required to place their trash in bins starting next fall in an effort to combat the rat population. She then announced that abortion care in New York City is now available via telehealth and mentioned a program called “Text with Eric,” an initiative to communicate directly with the Mayor via text message

SMS.

Alex Marinides – Senator Krueger’s Office – announced that on Monday October 30th, Senator Krueger will be in Albany taking part in the State's first ever legislative hearing on the roll out of legal cannabis in New York. He announced a few other events coming up in the district. 

Business Session

  

 

 

The September 2023 minutes passed with a vote of 34 in favor, 0 opposed, 0 abstaining, as follows: IN FAVOR: Achelis, Athanail, Brosnahan, Chou, Dowson, Ellington, Ford, Frisz, Garcia, Gartland, Goshow, Harris Jr., Hutton, Kaback, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Marks, McCall, Nazarro, Noti-Victor, Ny, Reavis, Shapiro, Sherburne, Sigman, Slutzkin, Southworth, Takahashi-Rial, Xu, Yong, Zulkowitz.

 

 

1st Vice Chair Athanail welcomed the four new members, Bill Gartland, Tiffany Reavis, Alan Yu and Yaran Noti-Victor to the board and asked them to introduce themselves. He then announced that Mike Fissinger will be leaving the board and stated that the Board bids farewell to a remarkable individual who has played a pivotal role in our community especially in his capacity as our community associate and underscored the extraordinary contributions he has made during his tenure with Community Board 5 and wished him all the success and happiness in his future endeavors.

Committee reports 

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

Reconstruction of the Concession and an Addition of a Pergola Structure at Mineral Springs in Central Park 

WHEREAS, The NYC Parks Department (“Applicant”) is proposing the reconstruction of the concession and an addition of a pergola structure at Mineral Springs in Central Park; and

WHEREAS, The snack bar café is located near 69th Street and West Drive, adjacent to Sheep Meadow; and

WHEREAS, The original pavilion was built in 1867 in a Moorish style, with the current structure having been built around 1960 to replace the original pavilion which was demolished the same year; and

WHEREAS, The current structure has housed food concessions, and since 2010, has housed Le Pain Quotidien (“LPQ”); and

WHEREAS, LPQ was awarded a renewal of its concession license in 2022 with a 15 year lease; and

WHEREAS, Under the terms of the concession agreement with New York City, LPQ was required to make capital improvements to the existing site, including the recently completed public restrooms as well as the restoration of the existing slate roof and cupola; and 

WHEREAS, LPQ is now seeking to reconstruct the outdoor seating area including the building of a pergola structure at the site; and

WHEREAS, The proposed structure will not expand the current footprint of the concession area and will add additional greenspace inside the structure; and

WHEREAS, The proposed structure will be partly tented which will allow for waiter service as well as a storage area to help with the operation of the facility; and

WHEREAS, The proposed structure will be an open frame, with the front having a retractable plastic panel that will allow for a completely open surface during the warmer months, with sides having fixed solid glass panels, and a back wall an existing high fence and low masonry wall that will remain; and

WHEREAS, The roof will be five rectangular pergola units that are louvers that are operable so that during the warmer months, the entire roof can be opened up and during the colder months, the roof can be closed; and

WHEREAS, There is no fabric from the original structure, as the original building was demolished around 1960; and

WHEREAS, The construction will be fully ADA compliant; and 

WHEREAS, LPQ is fully funding this project and has committed to spend approximately $1.7 million; and

WHEREAS, The Applicant will be presenting this application to the NYC Landmarks Commission given its location in Central Park; and

WHEREAS, The New York City Parks Department supports this reconstruction of the concession as well as the addition of the pergola structure; and 

WHEREAS, The proposed plan includes significant structural improvements to patron seating, building exterior and the canopy; therefore, be it 

RESOLVED, Community Board Five supports the application for the reconstruction of the concession and an addition of a pergola structure at Mineral Springs in Central Park.

The above resolution passed with a vote of 35 in favor, 0 opposed, 0 abstained: IN FAVOR: Achelis, Athanail, Bhalodkar, Brosnahan, Chou, Dowson, Ellington, Ford, Frisz, Garcia, Gartland, Goshow, Harris Jr., Hutton, Kaback, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Marks, McCall, Nazarro, Noti-Victor, Ny, Reavis, Shapiro, Sherburne, Sigman, Slutzkin, Southworth, Takahashi-Rial, Xu, Yong, Zulkowitz. 

 

 

 

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

200 Park Avenue South application for proposed modifications to an existing storefront at the northern bay along Park Avenue South in order to construct a new egress stair from the cellar to the 1st floor street.

WHEREAS, The Everett Building, also known as 200-218 Park Avenue South, constructed in 1908, boasts 285,000 square feet of Class B Union Square office spaces across 17 stories, and

WHEREAS, ABS Partners Real Estate owns and manages the building, which underwent renovations in 2012, incorporating a 4,000-square-foot showroom and approximately 13,000 square feet of retail space, and

WHEREAS, The building received landmark status from the Landmarks Preservation Commission on September 6, 1988, and

WHEREAS, The applicant, associated with Michael Zenreich, Architects, P.C., previously worked on the original storefront installations in 2011, and

WHEREAS, The applicant proposes alterations to an existing storefront at the northern bay along Park Avenue South to facilitate the construction of a new egress stair from the cellar to the 1st-floor street level, and

WHEREAS, These modifications stem from the vacancy of the space and the property owner's intention to redesign the building, including upgrading the cellar egress, and

WHEREAS, Seven applications for this building include the reconstruction of the entrance ramp from 17th street to comply with ADA guidelines, and

WHEREAS, The egress serves as an emergency exit, adding a crucial layer of safety for the building's occupants, and

WHEREAS, The proposed modifications intend to: (1) replicate the existing storefront's exact profile; (2) use materials for the door that match those of the existing doors in the building, featuring a steel door with a glass panel maintaining consistency with adjacent doors; (3) install an 11-foot-tall frame door, accommodating actuators for ease of operation due to its role as an egress, with a total height of 11 feet six inches when considering the transom bar that divides the windows above, and

WHEREAS, The installation will have no adverse impact on the building's existing fabric, and

WHEREAS, The committee expresses no concerns regarding the addition of the new egress stair from the cellar to the first-floor street, and

WHEREAS, The proposed modification represents an enhancement to the building's interior for life safety purposes, and

WHEREAS, The applicant agreed to continue the existing treatment of the return of the stone column at the jamb of the modified storefront to provide a continuous exterior condition, and

WHEREAS, The applicant agrees to Community Board Five's recommendation to submit revised drawings for review by the Landmarks Preservation Commission; therefore, be it

RESOLVED, Community Board Five hereby recommends the approval of the 200 Park Avenue South application for the proposed modifications to the existing storefront at the northern bay along Park Avenue South to facilitate the construction of a new egress stair from the cellar to the 1st-floor street.

51 Madison Avenue, the New York Life building (an Individual Landmark), application to include the installation of mechanical louvers within existing window openings at the 14th-20th floors.

WHEREAS, 51 Madison Avenue (a/k/a New York Life Building) (the “Applicant”) is a 40-floor office building completed in 1928 and located on the entire block bounded by Madison Avenue, Park Avenue South, 26th Street and 27th Street; and

WHEREAS, New York City Landmarks Preservation Commission designated the Applicant as an individual landmark on October 24, 2000; and

WHEREAS, Applicant proposes the installation of copper or bronze mechanical louvers (collectively, the “Louvers”) using a bronze z-clip within eight (8) existing window openings located between the 17th floor and 20th floor of the Applicant facing 27th Street (collectively, the “Windows”); and

WHEREAS, The material removed for the installation of these Louvers is likely not part of the original construction; and

WHEREAS, The Applicant represents that the use of such z-clip will not cause any damage to the existing frames and/or the panes of the Windows, and, if the Louvers are removed from such Windows, then the windowpanes can be reinstalled in such Windows, making the proposed installation of the Louvers practically reversible; and

WHEREAS, The Applicant will permit the material of the Louvers and the bronze z-clip to patinize naturally; and

WHEREAS, The Applicant agreed to consider the development of a master plan for the Applicant in order to avoid a piecemeal approach to the installation of additional mechanical louvers at the Applicant in the future; therefore, be it 

RESOLVED, Community Board Five recommends APPROVAL of the application for the installation of the Louvers in accordance with the terms and conditions herewith.

 

1000 5th Avenue, The Metropolitan Museum of Art, application for the modification to the screens in the interior landmark Great Hall

WHEREAS, The Metropolitan Museum of Art is an Individual Landmark built 1864-1990 and designed in stages by Vaux and Mould, R.M. Hunt, McKim Mead and White and others in a Beaux Arts style museum; and

WHEREAS, The application is for the modification to the multi-media screens that were granted temporary approval by LPC during the pandemic, and now seeking permanent installation approval in the interior landmark Great Hall; and

WHEREAS, The planned changes affecting the Landmark are summarized as follows:

  1. (4) four digital display screens in the vestibule adjacent to the Great Hall; two (2) on the North side and two (2) on the South side will be centered between the columns on access with the pendant light,
  2. the proposed screens are 6’-2” wide x 3’-6” high, projecting less than 4” from the wall and 3’-3” above the floor, and are slightly smaller than the temporally installed screens;
  3. the screens are wall mounted to brackets behind the screen and do not alter the historic fabric:
  4. the electrical power & date outlets already exist,
  5. the screens will not display any advertising, animation or sponsorship and will be static, like a illuminated poster and;

WHEREAS, the Committee would like the brightness to be dimmable, if technology allows, so the color temperature is appropriate to the general lighting in the Great Hall,

WHEREAS, These media screens provide helpful information relating to events, time and map to the visitors and reduce the congestion at the information desk; therefore, be it

RESOLVED, That Community Board Five recommends approval for the application for (4) four media screens in the Great Hall.

 

After brief discussion, the above bundled resolutions passed with a vote of 35 in favor, 0 opposed, 0 abstained: IN FAVOR: Achelis, Athanail, Bhalodkar, Brosnahan, Chou, Dowson, Ellington, Ford, Frisz, Garcia, Gartland, Goshow, Harris Jr., Hutton, Kaback, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Marks, McCall, Nazarro, Noti-Victor, Ny, Reavis, Shapiro, Sherburne, Sigman, Slutzkin, Southworth, Takahashi-Rial, Xu, Yong, Zulkowitz.

 

 

Mr. Athanail gave brief presentations on the following four bundled resolutions: 

QUBE USA LLC at 1412 Broadway (between 39th and 40th Streets), New York, NY, application for a Conditional Adult-Use Retail Dispensary (CAURD) Cannabis license.

WHEREAS, QUBE USA 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 1412 Broadway (between 39th and 40th Streets), New York, NY (the “Premises”); and

WHEREAS, The CAURD license is for 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 located for approval by the Office of Cannabis Management and the Dormitory Authority of the State of New York (“DASNY”) for the establishment of a CAURD operation; and

WHEREAS, The Premises is 6,500 square feet on two floors, with total capacity 65 below grade and 30 on the ground floor; and 

WHEREAS, Applicant seeks daily hours of operation for retail sales and delivery services from 8:00 A.M. until 2:00 A.M. daily, or lesser hours based on the needs of the operation; and

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

WHEREAS, While CB5 finds an acceptable distance between a cannabis establishment and a public plaza to be no less than 500 feet, the Premises is only 38 feet from the Garment District Public Plaza, a public pedestrian plaza with seating tables and chairs, art installations and outdoor activities and entertainment, located on Broadway between 40th and 39th Streets, with foot traffic estimated at 51,000 people per day on weekdays and 21,000 people per day on weekends; and

WHEREAS, Representatives of the Garment District Alliance and the Midtown South Community Council testified that rampant narcotic use around this location, as well as the large number of drug treatment facilities in this area, make this location inappropriate for retail cannabis sales; 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 pedestrian plaza, and because of the existing conditions regarding rampant narcotic use at this location, 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 QUBE USA LLC for a Conditional Adult-Use Retail Dispensary Cannabis license at 1412 Broadway (between 39th and 40th Streets), New York, NY.

 

Grimoire Group, LLC, dba “Vie en Rose”, 133 West 30th Street (Between Sixth and Seventh Avenues), New York, NY, application for a new beer and wine liquor license.

WHEREAS, Grimoire Group, LLC (“Applicant”), has notified Community Board Five of its intention to apply for a new beer and wine liquor license for a restaurant and bar located at 133 West 30th Street (Between Sixth and Seventh Avenues), New York, NY (the “Premises”); and

WHEREAS, This application reflects a revision from the Applicant’s original application requesting a full catering liquor license for a proposed events space, which Community Board Five heard in June 2023 and denied unanimously due to strong community opposition against the proposed method of operation, as well as a history of raucous parties occurring as a result of the Applicant subleasing out the space to third-party promoters; and

WHEREAS, The Premises is approximately 4,000 square feet on the ground floor and currently excludes the mezzanine and basement, which will be used for administrative purposes only; and 

WHEREAS, Current capacity of the Premises is 74 persons but the Applicant is already in the process of expanding the occupancy to 250 persons and including the other floors of the Premises for patron use; and

WHEREAS, The Premises is located on a mixed use block, with the nearest residential buildings immediately across the street at 130 West 30th Street and another two doors away at 143 West 30th Street; and

WHEREAS, Aside from several one-time catering permits issued for the space, the Premises has never before had a liquor license; and

WHEREAS, This block has several restaurants currently in operation as well as two to three additional restaurant operations which have been approved; and

WHEREAS, This block has a single lane of traffic with no loading zones; and

WHEREAS, This location, being home to the NYPD Traffic Control Division station house at 138 West 30th Street, already suffers from extraordinary traffic congestion; and 

WHEREAS, Applicant proposes to operate a restaurant and late-night lounge specializing in “immersive dining experiences” with timed seatings, private events, and ticketed exhibitions and installations; and

WHEREAS, Applicant works with “event teams” such as Fever, Amex Presents, and Secret NYC to promote the events and sell tickets, in order to maximize attendance; and

WHEREAS, Applicant continues to request late closing hours of 2:00 am Sunday through Thursday and 4:00 am Friday though Saturday, despite its claims of being willing to cooperate with the residents, who have consistently and unanimously requested closing hours in alignment with the rest of the block; and

WHEREAS, This revised method of operation still involves “ticketed segments” that lend themselves to queuing, which can only take place outdoors on the sidewalk as the Applicant has stated that indoor queuing is not possible at this time; and

WHEREAS, A “ticketed by segment” operation could produce as many as 1,000 patrons or more to every event (for example, 250 person capacity x 5 segments = 1,250 patrons over the course of an event); and

WHEREAS, Unlike a typical bar or restaurant operation, which may be busy from time to time during meal times or perhaps around a sporting event, the nature of a ticketed events-based operation lends itself to maximum occupancy all night, every night; and

WHEREAS, Applicant has declined to agree to restrict total occupancy to 74, citing the desire of its landlord to expand the occupancy; and

WHEREAS, Applicant has declined to agree to not apply for a full liquor license if a beer and wine license is granted, despite community concerns that the latter is being used as a stepping stone towards acquiring a full liquor license; and

WHEREAS, Applicant obtained several one-time catering permits from the SLA and held “pop up” events at the Premises on October 29, 2022, October 30, 2022, December 31, 2022, and February 11, 2023, which caused great disturbance to the block, with unruly patrons crowding the sidewalks on both sides of the street as well as in the street itself, and which required a police response to control the mayhem; and

WHEREAS, A resident from the building immediately across the street from the Premises testified that patrons from the events were seen vomiting in the street as well as in the planter boxes in front of the residential building and neighboring synagogue; and 

WHEREAS, At the hearing of the original application in June, residents of the block testified to the unruly nature of these events and provided photos and videos of the scene to document the conditions (see photos annexed); and

 

WHEREAS, Representatives from the 29th Street Neighborhood Association provided written and verbal testimony asserting that the operation would inevitably result in large crowds turning over multiple times a night and is thus completely incompatible with this location; and

WHEREAS, Applicant has been unable to present a consistent business plan to the community, having submitted a memo prior to the committee meeting describing a “Typical Daily Schedule” featuring timed seatings, which was then presented to the public, only to claim after hearing additional comments during the meeting that the timed seatings proposed are an example of a past event and “not actually how [it is] planning on operating”; and

WHEREAS, Community Board Five finds troubling the Applicant’s intent to apply for increased occupancy and a full liquor license, despite clear community concern about the implications of both and the fallout from the Applicant’s past actions, which Community Board Five feels have not been adequately addressed and the Applicant continues to deflect responsibility for; and

WHEREAS, Community Board Five finds that the proposed method of operation, even for a beer and wine license, is not appropriate for this location, regardless of the closing hours being in excess of community standard hours, and that it would have a material adverse effect on quality of life in the neighborhood and set a destructive precedent for existing and future operators on the block; therefore, be it

RESOLVED, That Community Board Five requests that the SLA not issue any additional one-time catering permits for the Premises; and be it further

RESOLVED, That Community Board Five recommends denial of the application by Grimoire Group, LLC for a new wine and beer liquor license for a restaurant and bar located at 133 West 30th Street (Between Sixth and Seventh Avenues), New York, NY.

11 West 17th Street, New York, New York 10011, BAR 17 INC d/b/a LOST SPIRITS NYC, application for alteration to an existing on-premises liquor license. 

WHEREAS, BAR 17 INC. (the “Applicant”), has notified Community Board Five of its intention to file an alteration application to extend the operating hours of its existing on-premises liquor license for the restaurant located at 11 West 17th Street (between Fifth and Sixth Avenues), New York, New York 10011 (the “Premises”); and

WHEREAS, The Premises consists of approximately 2,000 square feet of indoor finished space on the ground floor and basement levels, and with capacity of up to 97 persons; and

WHEREAS, The Premises includes one (1) patron bar and zero (0) service bars; and

WHEREAS, The Premises is located on a mixed use block, within a residential building, 11 West 17th Street, and with residences immediately next door at 13 West 17th Street and across the street at 12, 14, and 16 West 17th Street and 

WHEREAS, In 2022, Applicant agreed to hours of operation no later than 1:00 AM Sunday through Wednesday, and 2:00 AM Thursday through Saturday, which hours are consistent with those of other operations on the block approved by CB5 and, in reliance on that agreement, CB5 supported the initial application; and

WHEREAS, Applicant now seeks to extend the hours of operation until 4:00 AM every night; and

WHEREAS, This block has several restaurants currently in operation as well as two to three additional restaurant and bar operations which have been supported by CB5, all with reasonable and consistent hours of operation; and

WHEREAS, While Applicant submitted a petition containing signatures of patrons of the establishment not living in the area and of other businesses on the block, the actual residents of the block who attended a community meeting regarding the change in hours unanimously rejected any extension of hours; and 

WHEREAS, Residents of the block testified to existing disturbance, crowds, noise and smoking in front of the Premises during the current hours of operation; and

WHEREAS, Representatives from the neighborhood provided written and verbal testimony asserting that later hours of operation is incompatible with this location; be it therefore

RESOLVED, That Community Board Five recommends denial of the application by Bar 17 Inc. d/b/a Lost Spirits NYC for an alteration application to extend the operating hours of its on-premises liquor license at 11 West 17th Street (between Fifth and Sixth Avenues), New York, New York 10011.

35 East 21st Street (Between Broadway and Park Avenue South), NEW YORK, NY 10010, METRO CINEMA 2 LLC D/B/A METRO CINEMA, application for a new on-premises liquor license. 

WHEREAS, Metro Cinema 2 LLC (“Applicant”), has notified Community Board Five of its intention to apply for a new on-premises liquor license for a movie theater and restaurant on the first through third floors of 35 East 21st Street (between Broadway and Park Avenue South), New York, New York, 10010 (the “Premises”); and

WHEREAS, The Premises consists of approximately 900 square feet of interior space on the 1st floor, 5,500 square feet of interior space on the 2nd floor, and 3,300 square feet of interior space on the 3rd floor; and

WHEREAS, The Premises has a legal occupancy of approximately 260 people (patrons and employees); and

WHEREAS, The Premises will be operated only as a restaurant and movie theater with a total of approximately 34 tables, 229 chairs and 6 bar stools; and

WHEREAS, The Premises shall contain 1 patron bar and 1 service bar; and

WHEREAS, Applicant has agreed that Applicant shall:

  1. Maintain business hours in the first-floor lobby area corresponding with a last call at 12:00am (midnight) Sunday through Wednesday and 1:00am Thursday through Saturday, with “last call” referring to the time at which the last seating and drink or beverage order may take place, with patrons understood to be off the Premises and the first floor lobby area closed to new patrons 45 minutes to 1 hour later; and
  2. Have last call for alcoholic beverages for patrons throughout the Premises (including theaters) at 12:00am (midnight) Monday through Sunday and 1:00am Thursday through Saturday; and
  3. Maintain business hours for theaters in floors 2-3 corresponding to the following: 
  1. Full theater capacity (approx. 179) until 12:00am (midnight) Sunday through Wednesday and 1:00am Thursday through Saturday; and
  2. Partial theater capacity (80) until 1:00am Sunday through Wednesday and 2:00am Thursday through Saturday; and
  3. Close (capacity of 0) at 1:00am Sunday through Wednesday and 2:00am Thursday through Saturday; and
  1. Not allow karaoke at the Premises; and
  2. Set a ride hailing pick-up point on an adjoining avenue (Park Avenue South or Fifth Avenue) to ensure ride hailing services do not send vehicles to pick patrons up in front of the venue; and
  3. Conduct an independent sound study once renovation is complete to measure exterior sound levels produced by the cinema suites; and
  4. Not allow patrons to bring in alcoholic beverages that were not purchased on the Premises, and have no bottle service on the Premises; and
  5. Strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and
  6. Agree to provide notice to CB5 before applying for a sidewalk café; however this clause shall not apply to the Department of Transportation’s Open Restaurant dining program; and
  7. Have tapes/CDs or similarly produced music played at a background level, and in no event shall live music, dancing or a DJ be permitted at the Premises; and
  8. Arrange for private garbage pick-up and its garbage will be stored in a manner so as not to cause a disturbance or annoyance to its neighbors; and
  9. 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 Community Board Five in writing, and approval is obtained by the New York State Liquor Authority as required by law; and 
  10. Meet with neighbors and CB5 on a regular basis, if requested, and also provide a 24-hour hotline to (646) 933-2800 representing the Applicant, to immediately address any complaints from the community; 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 Michael Trafton 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; 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 but an exception was intentionally made for this application because, despite being larger than typically allowed, 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, method of operation, including a full kitchen, etc., to wit, (i) the total capacity of the Premises is only 260 despite the large size of the space, (ii) the size and hours of operation of the lobby area are in strict compliance with the RLA Guidelines, (iii) the use of the space in excess of the allowed 4,000 square feet of patron space is exclusively for private dining and movie viewing; and (iii) the staggered reduction of capacity of the theater suites enables controlled 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 Metro Cinema 2 LLC for a new on-premises liquor license for a movie theater and restaurant on the first through third floors of 35 East 21st Street (between Broadway and Park Avenue South), New York, New York, 10010, unless the above conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

 

 

After some discussion, the above bundled resolutions passed with a vote of 34 in favor, 0 opposed, 1 abstained: IN FAVOR: Achelis, Athanail, Bhalodkar, Brosnahan, Chou, Dowson, Ellington, Ford, Frisz, Garcia, Gartland, Goshow, Harris Jr. Hutton, Kaback, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Marks, McCall, Nazarro, Noti-Victor, Ny, Reavis, Shapiro, Sherburne, Sigman, Southworth, Takahashi-Rial, Xu, Yong, Zulkowitz. ABSTAIN: Slutzkin.

Mr. Athanail then presented the following resolution: 

Erudito Herbals, LLC at 480 7th Avenue (between 35th and 36th Streets), New York, NY, application for a Conditional Adult-Use Retail Dispensary (CAURD) Cannabis license.

WHEREAS, Erudito Herbals, LLC (“Applicant”) via its principal Fernando Leendof (the “Principal”), has notified Community Board Five of its intention to apply for a Conditional Adult-Use Retail Dispensary (“CAURD”) Cannabis license for the premises located at 480 7th Avenue (between 35th and 36th Streets), New York, NY 10018 (the “Premises”); and

WHEREAS, Applicant is applying for both a Cannabis Dispensary License (On-Site) as well as a Cannabis Dispensary License (Delivery Off-Site); and 

WHEREAS, Applicant has no plans to offer on-site consumption of cannabis or the sale alcohol at the time of application pursuant to relevant State law; and

WHEREAS, Manhattan Community Board 5 (“CB5”) is exercising its prescribed statutory right under New York State and New York City laws and regulations to advise and comment on CAURD Licenses as to “Time, Place, and Manner” appurtenant to the granting of CAURD licenses; and

WHEREAS, The CAURD license is for one of the approved New York State legal adult-use retail dispensaries to be 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 found by the Applicant for approval by the Office of Cannabis Management (“OCM”) and the Dormitory Authority of the State of New York (“DASNY”) for the establishment of a CAURD operation; and

WHEREAS, The Premises is comprised of 4 floors with 1,200 square feet each, with a total capacity of 60 persons; and

WHEREAS, Applicant seeks daily hours of operation from 7 AM to 12 AM Monday thru Saturday, and 10 AM thru 10 PM Sunday, and 10 AM to 10 PM on Monday thru Friday and 10 AM thru 7 PM Saturday and Sunday with respect to its delivery service, or lesser hours based on the needs of the operation; and

WHEREAS, Applicant and the Premises are presumed to be in full compliance with all State regulations governing CUARD licenses; and

WHEREAS, The application appears to be in compliance with the conditions and standards regarding time, place, and manner of cannabis operations, as described in CB5’s resolution of February 9th 2023 (the “Cannabis Resolution”); and

WHEREAS, The Premises is currently operated as “Weedworks,” a well-known illegal cannabis dispensary with no connection to the Applicant or Principal; and

WHEREAS, CB5 believes that replacing a notorious illegal operator with a legal operation will improve the negative conditions of the location surrounding the Premises, and

WHEREAS, Applicant has agreed that Applicant shall:

  1. Comply with "no advertisement may be in the form of a billboard for cannabis dispensaries” and other regulations as described in the Packaging, Licensing, Marketing and Advertising (PLMA) regulations issued March 22, 2023 by OCM; and
  2. Hire adequate private security staff to police and screen the patrons and to protect the Premises in a secure manner; and
  3. Not offer on-site consumption of cannabis or the sale alcohol; and
  4. Ensure that queuing and crowds for the retail operation shall be managed and kept in all cases within the interior of the Premises; and
  5. Ensure that garbage, especially food garbage, is placed on the sidewalk for pickup at a reasonable hour to minimize inconvenience to pedestrians; and 
  6. Ensure that patrons enter and leave the Premises in a peaceful, quiet and respectful manner, discourage patrons from loitering outside the Premises, and use reasonable best efforts to keep the area outside the Premises clear at all times; and 
  7. Use commercially reasonable best efforts to discourage the parking of idling cabs, limousines and other vehicles on the street in front of the street entrance of the Premises; and 
  8. Use commercially reasonable best efforts to maintain cleanliness of sidewalk in front of Premises; and 
  9. Not permit smoking of cannabis or other products by anyone at any time in the Premises or its immediate vicinity; and
  10. Meet with neighbors and CB5 on a regular basis if requested and provide a 24-hour hotline with readily available and posted numbers to provide access so as to immediately address any complaints from the community; and
  11. Strictly comply with and adhere to the plans for the operation of the business, as set forth herein; and 

WHEREAS, CB5 finds the Applicant professional, qualified, and responsive to community requests, and the proposed business operation satisfactory and compliant with all OCM operating requirements; and

WHEREAS, Members of the public and local community and civic groups appeared and commented regarding this application and the comments and concerns of the community were taken into consideration in this position; and

WHEREAS, The Applicant has committed to working on a continuing basis with local residents, neighbors, businesses and civic groups and community organizations; and therefore, be it

RESOLVED, That Community Board Five recommends denial of the application by Applicant for a CAURD application for the Premises unless and until a suitable duly executed Affidavit affirming the veracity and commitment to fulfilling the facts and declarations as to Time, Place, and Manner recited in this Resolution is delivered to the CB5 Offices, and therefore, be it further

RESOLVED, That Community Board Five recommends denial of the application by Erudito Herbals, LLC for a Conditional Adult-Use Retail Dispensary Cannabis license for the premises located at 480 7th Avenue (between 35th and 36th Streets), New York, NY 10018, unless the above conditions are adhered to and are incorporated into the method of operation of the Office of Cannabis Management application.

AFFIDAVIT ATTACHED

 

After much discussion, the above resolution passed with a vote of 28 in favor, 6 opposed, 1 abstained: IN FAVOR: Athanail, Bhalodkar, Brosnahan, Dowson, Ellington, Ford, Frisz, Garcia, Gartland, Goshow, Harris Jr., Hutton, Kinsella, Lavingia, Levy, Marks, McCall, Nazarro, Noti-Victor, Ny, Reavis, Shapiro, Sherburne, Sigman, Southworth, Takahashi-Rial, Xu, Yong. OPPOSED: Achelis, Chou, Kaback, Law-Gisiko, Maffia, Zulkowitz. ABSTAIN: Slutzkin.

 

 

Resolution in Support of New York City Council Public Restroom legislation. 

WHEREAS, Community Board 5 (CB5) recognizes the urgent need to improve access to safe, clean and accessible public bathrooms in our district and throughout the City of New York (NYC) to enable residents, workers, and visitors to manage a basic human need; and

WHEREAS, The ongoing pandemic has underscored the critical need for public bathrooms as we grapple with a public health crisis; and

WHEREAS, Public bathrooms are not just necessary for residents but also essential for a diverse range of individuals who contribute to the functioning of our city, including workers who deliver food, packages, groceries, street vendors, taxi and app-based drivers, and more; and

WHEREAS, NYC is dedicated to improving the cleanliness of our public spaces, as evidenced by the appointment of a public realm officer and a rat czar; and

WHEREAS, To truly achieve the goal of a cleaner and safer public realm, a thoughtful and well-planned public bathroom system is imperative; and

WHEREAS, We support the three public bathroom bills introduced this year in the City Council; and

WHEREAS, Intro 1076 would require the City to open A.D.A. accessible bathrooms in publicly owned buildings across the City with appropriate settings; and

WHEREAS, These bathrooms would be cost-effective as they already have maintenance staff associated with them; and

WHEREAS, Intro 1077 would require the City to develop a capital funding plan for bathrooms identified in each zip code as part of Intro 258/Local Law 114 of 2022; and

WHEREAS, The city would need to report on how they will find funding and where they will spend the money to create bathrooms; and

WHEREAS, Intro 1154 would amend the NYC charter and mandate public bathrooms to be included in the strategic planning report provided by the Department of City Planning (DCP) for housing, climate, commercial growth, etc., to establish and maintain a citywide public bathroom network, with the goal of providing one toilet per 2,000 residents by 2035 and thereafter; and

WHEREAS, This planning process would ensure that bathrooms are strategically located, aesthetically designed, and distributed equitably across our neighborhoods; and

WHEREAS, We believe public bathrooms are not a one-size-fits-all solution and encourage the city to explore a wide variety of solutions, including opening existing bathrooms in municipal and commercial buildings, retail and restaurants to the public, subsidizing or incentivizing private property owners, and installing different kinds of sidewalk toilets and innovative structures in parks that are sustainable and resilient; and

WHEREAS, Accessibility for a wide range of users needs to be considered for various types of bathrooms, signage, online maps, and apps, including serving people who are visually and hearing impaired; and

WHEREAS, We emphasize the importance of maintaining the quality of the public bathroom system and recommend the implementation of a robust maintenance and sanitation program for free-standing public bathrooms, including full-time attendants where possible; and

WHEREAS, We also suggest creating a bathroom grading system to implement maintenance protocols and ensure that bathrooms undergo regular inspections to minimize risks and protect against potential liabilities; and

WHEREAS, We advocate that all adopted public bathroom plans fully address any legal implications and/ or liabilities that arise from providing public bathroom access; and  

WHEREAS, We recognize the necessity of designating a central department, such as the Department of City Planning (DCP), and the Public Realm Officer for orchestrating necessary interagency collaboration; and

WHEREAS, This coordination is vital to guarantee the effectiveness of our future public bathroom system, ensuring they are opened and accessible, appropriately located, well-designed, properly maintained, and that all relevant information is collected and updated in a data-rich map accessible to residents, workers, and tourists, and there is enforcement for future programs, etc.; and therefore, be it

RESOLVED, that Manhattan Community Board Five endorses Intro 1076, Intro 1077 and Intro 1154 and urges the City Council to not only pass these provisions but also to support our public bathroom recommendations.

After some discussion, the above resolution passed with a vote of 35 in favor, 0 opposed, 0 abstained: IN FAVOR: Achelis, Athanail, Bhalodkar, Brosnahan, Chou, Dowson, Ellington, Ford, Frisz, Garcia, Gartland, Goshow, Harris Jr., Hutton, Kaback, Kinsella, Lavingia, Law-Gisiko, Levy, Maffia, Marks, McCall, Nazarro, Noti-Victor, Ny, Reavis, Shapiro, Sherburne, Sigman, Slutzkin, Southworth, Takahashi-Rial, Xu, Yong, Zulkowitz.

 

PUBLIC SESSION

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

Mike Kaback – Community Board 5 Member – announced a free tour of the Flatiron District on Sunday at 11:00am.

David Achelis – President of 50th Street Neighborhood Association – announced a wine and cheese reception for friends and local politicians. 

Michael Southworth - spoke briefly on Rights to Counsel and how important it is after watching tenants being abused by the system.

Charles Ny - spoke of the Disability Pride Parade on October 22nd.

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

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

 

Respectfully submitted by, 

Mary Brosnahan

Secretary

Samir Lavingia

Assistant Secretary

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