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Land Use, Housing & Zoning
Application by the NYC Department of Transportation with the Times Square Alliance for a Major Concession agreement within the area of 41st-53rd Sts.
At the regularly scheduled monthly Community Board Five meeting on Thursday, February 08, 2024, the following resolution passed with a vote of 33 in favor; 0 opposed; 1 abstaining:
WHEREAS, the applicant, the New York City Department of Transportation (“DOT”) jointly with the Times Square Alliance, is seeking approval of a major concession to facilitate the expansion of the existing concession area boundaries in Times Square, in Manhattan’s Community District 5; and
WHERE, “DOT” has awarded Sole Source License Agreements (agreements) to the Flatiron BID, Fashion Center BID, 34th St. Partnership and the Times Square Alliance (BIDs) among others, for the operation, management, and maintenance of the pedestrian plazas; including the right to award sponsorships, and sub-concessions intended to generate revenue for each plaza's maintenance; and
WHEREAS, there is an existing concession 1 agreement between DOT and the Times Square District Management Association, Inc. d/b/a The Times Square Alliance (“Alliance”), whereby the Alliance operates and manages ten separate pedestrian plaza areas on Broadway and 7th Avenue between West 41st and 47th Streets (“Existing Concession Area”); and
WHEREAS, the proposed action would expand the boundaries of the Existing Concession Area to a total area of 252,356 square feet (“Proposed Major Concession Area”) which includes 38,063 of the existing square feet of Existing Concession Area; and
WHEREAS, six separate pedestrian areas along Broadway between 47th and 53rd street, expanded pedestrian space on Broadway between 41st and 42nd Streets, and the sidewalks along 7th Avenue adjacent to the plazas in the existing Concession Area, all totaling 214,293 additional square feet. (“Proposed Additional Concession Area”); and
WHEREAS, the proposed action would align the concession area with the actual existing pedestrian plaza areas in Times Square providing for consistent operation and management throughout the entire Times Square pedestrian plaza area; and
WHEREAS, increase public space amenities to activate and revitalize the Proposed Additional Concession Area; and
WHEREAS, allow space for additional revenue generating opportunities which will help to fund the increased maintenance obligations at the Proposed Additional Concession Areas; and
WHEREAS, Community Board 5 understands that the purpose of this application is to ensure the maintenance of the re-designed bowtie and portions of Broadway between 47th Street and 53rd Street, but we believe it is important to outline and document how these spaces are managed and regulated more broadly; and
WHEREAS, the Times Square Alliance can ensure Community Board 5 that these spaces are used in the manner in which they were envisioned at their conception, and finally how these spaces can serve the public need for more open space and circulation space in some of the densest parts of New York City; and
WHEREAS, the Times Square Alliance has been excellent stewards of this business improvement district working in conjunction with the DOT to make these plazas an important part of the NYC’s most iconic open spaces; and
WHERE, Community Board 5 would be consulted about on-going changes and plans, and a dialogue would continue as problems or unforeseen circumstances rose during implementation; and
WHEREAS, the spaces, at their core, would serve as public open space and circulation amenities, whose primary purpose was to improve the pedestrian environment in some of the most crowded streets anywhere in the world; and
WHEREAS, the City Department of Transportation (DOT) has come before Manhattan Community Board Five (CB5) to request the grant of major concession for the maintenance of the bowtie area and Broadway stretching up from 47th Street 53rd Street; and
WHEREAS, the plazas are intended for the benefit of the public and designed to promote passive recreation and a peaceful respite, the same function as city parks, public plazas, and waterfront esplanades; and
WHEREAS, the pilot design project has received an overwhelmingly favorable response and made a positive impact on the pedestrian and vehicular experience and a permanent design for Times Square has been approved by CB5 and is under construction; and
WHEREAS, DOT asserted that it would continue to seek community involvement and support at the time the project was approved and the plazas were to be re-designed as permanent; and
WHEREAS, while Community Board 5 welcomes the programming of public space for entertainment, education, and philanthropic activities, it has taken a strong and consistent stance regarding the over commercialization of our parks and public open spaces, the overcrowding of sidewalks with newsstand and other concessioners, an excess of predominantly commercial street activities; and
WHEREAS, The DOT is responsible for educating and enforcing all laws pertaining to wheeled vehicles i.e. Bikes, Mopeds, Scooters and E-bikes, and historically failed to do so, and that the Times Square Alliance is actively inviting the public to enter an area that can be dangerous when these laws are overlooked, The Board sincerely hopes that great effort will be made to bring this area up to a legally compliant district; and
WHEREAS, at Community Board 5’s request, and based on feedback, DOT and Times Square Alliance will generate a design that is respectful of disabled persons, including the visually impaired who rely of sidewalk curb for special orientation; and
WHEREAS, Community Board 5 desires a more complete listing of concessions and has the assurance from the Alliance and the DOT that these details will take top priority; therefore, be it
RESOLVED, Community Board 5 recommends approval of the Times Square Major Concession for Broadway and 7th Ave between West 41st and 47th streets. And Broadway between 47th and 53rd Street