Manhattan Community Board Six Full Board Meeting Minutes June 11, :00 PM NYU Medical Center, 550 First Ave., Alumni Hall B

Transcription

1 Public Session Manhattan Community Board Six Full Board Meeting Minutes June 11, :00 PM NYU Medical Center, 550 First Ave., Alumni Hall B Board Chair Sandro Sherrod called the meeting to order at 7:06 PM. Secretary Aaron Humphrey called the roll. Elected Officials Councilmember Dan Garodnick spoke about last fall's East Midtown rezoning proposal from the Bloomberg Administration, which was blocked as allowing too much development as of right. The proposal being discussed now has two steps. Vanderbilt Ave. would be rezoned to allow new projects, but they would only be approved if funding for local infrastructure improvements is set aside in advance, such as improved 42nd and Vanderbilt subway entrances, underground connections to East Side Access, and renovated 4/5/6 platforms. A study of what the greater midtown area should look like will begin. CW Capital announced it would put up Stuyvesant Town for foreclosure sale, which would protect the tenants. A temporary boiler put up outside 49 E. 52nd St. was giving off smoke and fumes, but it is being repaired, and the new permanent boiler is expected to be installed in July. Proponents of a new sanitation garage have been asked to produce a plan for the entire site in accordance with the district 197-A plan. Arnis Serhati from the office of Congresswoman Carolyn Maloney discussed legislation to establish grants for minority students entering science programs. Liz Brown from the office of State Senator Liz Krueger provided an update on the end of the legislative session, and a June 24 Vision Zero forum. Max Markham from the office of State Senator Brad Hoylman mentioned the approval of $400M for a storm surge barrier to protect lower Manhattan. Ruth Fruchter from the office of Assemblymember Richard Gottfried reported that the medical marijuana bill passed. Matt Walsh from the office of Assemblymember Dan Quart reported progress on their boiler conversion bill, and the reopening of a park on East 68th St. Anna Pycior from the office of Assemblymember Brian Kavanagh reported on a rally about Stuyvesant Town issues, and changes to the SCRIE program. Adam Chen from the office of Public Advocate Letitia James spoke of increasing protections against rapes on college campuses and protecting pensions. Dan Campanelli from the office of Comptroller Scott Stringer spoke on the latest Hurricane Sandy oversight hearing and the Citibike program.

2 Dario Quinsac from the office of Councilmember Rosie Mendez spoke about the water main project on East 34th Street. Taylor Digby from Councilmember Kallos spoke about a June 25 bike lane forum. Anthony Solamita of Manhattan District 6 Community Emergency Readiness Team gave a presentation on NYC Office of Emergency Management's Ready NY program. Members of the Public Dr. Robert Femia of NYU Langone Emergency Department spoke about the medical implications of the proposed change on 33rd St. from one way to two way traffic. He said that in some cases, such as in heart attack, or stroke, shaving off minutes in transit time can mean the difference between life and death or make a major difference in recovery. Jim Clare of Kips Bay Neighborhood Association spoke in opposition to the proposed changes to 33rd St. traffic and said he would submit a detailed critique of the NYU plan. Maria Mansylla claimed that there was insufficient public notice that the resolution on E. 33rd St. traffic would be voted on in this meeting. Bill Doble requested alarms at PS 116 to prevent students from wandering off grounds. Brenda Murphy asked for inspection of the temporary boiler on 52nd St. Scott Baker spoke in favor of the two way bike lane at 37th St. to ease a dangerous passage. Al King thought the proposed location of the dual bike lane is too close to the entrance of his building, 415 E. 37th St., posing a risk to elderly and disabled residents. Monica Zuckerman, also a resident at that address, agreed with Mr. King and suggested the bike lane should be on the south side of the street instead of the north side as proposed. Brian Van Nieuwenhoven spoke in favor of the 37th St. bikeway connection for providing fast waterfront access to bikers, noting that many of the arguments against it have been raised against every proposed bike initiative. Pam Shaskin and Sharon Kaiser spoke against the bikeway proposal. Ari Edelkind disliked the proposal, suggesting instead that bikers be asked to get off their bikes and walk their bike safely through the gap between the two unconnected bike lane sections. Business Session The Board adopted the minutes of the May full board meeting. Chair's Report: Board Chair Sandro Sherrod held a moment of silence for the late Roy Goodman, a former State Senator representing the district. Chair Sherrod reported that he, DM Miner and other Manhattan CB leaders met with the new commissioner of the Mayor's Community Affairs Unit and his borough director.

3 Treasurer's Report: Bea Disman reported that from the revised total of $199,846 available for PS (salary) at the start of FY 2014, $165, has been spent (including the $33,129 payout to former staff), leaving $33, available until June 30, From the revised starting total budgeted for OTPS of $100,532, there remains $84,115.86, which includes the street fair fund - $78,483. She reminded the Board to consider uses for the street fair funds. District Manager's Report: Dan Miner is working with the Manhattan District 6 Community Emergency Response Team to set up presentations about OEM's Ready NY program, and is referring them to neighborhood groups and religious organizations in the district. The summer interns are working on a district wide survey of area parks, privately owned public spaces, and street conditions, and are meeting with retail businesses. Jesus Perez from the office of Borough President Gail Brewer reported that they continue to hold development trainings for Community Board members, support legislation that would allow 16 and 17 year olds to serve on Community Boards to bring youth perspectives, and that the official rosters for all Manhattan Boards are now online. Erik Bottscher from the office of Governor Andrew Cuomo thanked the Board for sponsoring their preparedness forum. The Governor is working to connect at-risk youths to jobs. Committee Resolutions & Reports Police Academy Repurpose Exploration Special Committee Chair Ahsia Badi reported that Schools Chancellor Farina liked the Police Academy location for a school site but asked for other recommendations as the Police Department says they are not selling the site. Bylaws Special Committee In accordance with Article XII of the By-Laws of Community Board Six, a motion to amend the bylaws was introduced and passed at the May 14, 2014 meeting of the full board. A copy of proposed bylaws as amended was distributed to all Board members prior to the May Board meeting, again with the notice of the June meeting, and also included in hard copy to all Board members in the June meeting packet of information. Rick Eggers moved that the amendments to the bylaws, as unanimously proposed by the Special Committee on Bylaws, be approved. The motion was seconded and passed. 2. By-Laws Rick Eggers, Chair RESOLUTIONS FOR AGAINST ABSTAIN ABSTAIN FOR CAUSE a. CB6 revised By-Laws Approval

4 Transportation Committee After extensive discussion, the motion for the Eastside Access project passed. Chair Molly Hollister waived her report. 3. Transportation Terrence O Neal, Chair RESOLUTIONS FOR AGAINST ABSTAIN ABSTAIN FOR CAUSE a. Revocable Consent app for 78 Irving Place - fenced in area & stairs b. Eastside Access 37th Street Bike Lanes Land Use/Waterfront Committee Vice Chair Rick Eggers chaired Board discussion of these resolutions. Chair Terry O'Neal reported that he will serve on the Midtown East Rezoning committee. While the UNDC building is on hold, hopefully UNDC will purchase the Robert Moses playground soon, as there is a time limit. Regarding the Sanitation Garage, the Board will propose its own plan for the site. 4. Land Use/Waterfront Terrence O Neal, Chair RESOLUTIONS FOR AGAINST ABSTAIN ABSTAIN FOR CAUSE a. NYU Langone Emergency Dept proposed traffic direction changes to East 33 St. btw 1st & 2nd Aves. Joint with Transportation b. Amended app for 231 E. 58th Street btw 2nd & 3rd Aves. zoning issues. Joint with Transportation c. BSA application # BZ for 636 Second Avenue - extension of time for final construction operation; previously granted variance Budget & Governmental Affairs Committee Chair Rick Eggers waived his report. Health & Education Committee Chair Ahsia Badi waived her report.

5 Parks, Landmarks & Cultural Affairs Committee Chair Mark Thompson waived his report. Business Affairs and Street Activities Committee Chair Nicole Paikoff pulls from bundle for further consideration the resos for Ethos, VOA Mgmt., Charisma Lounge, Jimmy's Neopolitan. The bundled resos pass. The resos for Ethos, VOA, Charisma Lounge and Jimmy's Neopolitan each carry individually, as does the reso for the DCA rule change. Chair Paikoff waives her report. 8. Business Affairs & Street Activities Nicole Paikoff, Chair RESOLUTIONS FOR AGAINST ABSTAIN ABSTAIN FOR CAUSE a. New BW Lic. for Shake Shack 600 Third Ave NYC, LLC dba Shake Shack, 600 3rd Ave btw 39th & 40th Sts. c. New OP Liq. Lic. For Bridgeview Hospitality LLC dba Upper Story by Charlie Palmer, 979 3rd E. 58th St. d. New OP Liq. Lic. for US Bar & Grill Inc dba US Bar & Grill, 367 3rd Ave btw E. 26th & 27th Sts. e. New OP Liq. Lic. for 43rd Street Restaurant Association dba Longacre, 132 E. 43rd St. btw 3rd & Lex. Aves. f. Alteration applic for Go Nobu Inc dba Sushi Tsushima, 210 E. 44th St. btw 2nd & 3rd Aves h. Alteration applic. for MXCO Cantina Corp dba MXCO, 981 2nd E. 52nd St. i. New OP Liq. Lic. for A Spice Lane Inc dba A Spice Lane, 216 3rd Ave. btw E. 18th & 19th Sts. j. Alteration applic. for Elevated 959 LLC dba The Pullman Kitchen, 959 2nd Ave.@ E. 51st St. k. New OP Liq. Lic. for VOA Management Inc dba Club VOA, 249 E. 49th St.btw 2nd & 3rd Aves. l. New DCA app, unenclosed sidewalk café, 11 tables & 26 seats for GL

6 Hospitality Group LLC d/b/a Jimmy's Neopolitan Pizzeria, 338 3rd E. 25th St. n. Change in Method of Operation for Karizma Lounge Corp dba Karizma, 244 E. 51st St. btw 2nd & 3rd Aves. o. Renewal DCA app, unenclosed sidewalk café, 9 tables and 30 seats, Ethos Gallery 51, LLC dba Ethos, 905 1st E. 51st St. p. DCA Rule change governing the issuance & terms of revocable consent agreements and licenses for the operation of sidewalk cafes Housing, Homeless & Human Rights Committee Chair Raj Nayar waived his report. 9. Housing, Homeless & Human Rights Rajesh Nayar, Chair RESOLUTIONS FOR AGAINST ABSTAIN ABSTAIN FOR CAUSE a. HPD Inclusionary Housing app for 222 East 40th St Public Safety & Environment Committee Chair Nick Smolney waived his report. 10. Public Safety & Environment Nicholas Smolney, Chair RESOLUTIONS FOR AGAINST ABSTAIN ABSTAIN FOR CAUSE a. Int relation to the use of biodiesel fuel in the city ferry fleet

7 Appendices 3a. - Re: DOT Revocable Consent Application for Irving Place Investor, LLC to construct, maintain and use a fenced in area and stairs at 78 Irving Place. Whereas, the petitioner has requested revocable consent from the NYC Department of Transportation (DOT) to construct, maintain and use a fenced in area and stairs at 78 Irving Place in the borough of Manhattan; and Whereas, the proposed layout will extend an areaway by.83, from a dimension of 4 feet by 30.2 feet in length to 4.83 feet and 30.2 feet (parallel to East 19th Street; and Whereas, the proposed plan will comply with DOT regulation by giving at least 10 feet, in this case, 10.3 feet from the edge of the stone wall of the areaway to the 19th street curb; and Whereas, the proposed plan was approved by DOT; now Therefore, be it Resolved, that Community Board 6, Manhattan, supports Revocable Consent Application for Irving Place Investor, LLC to construct, maintain and use a fenced in area and stairs at 78 Irving Place. Votes - For: 37; Against: 1; Abstain: 1; Abstain for Cause: 0. 3b. - RE: Eastside Access 37 TH St. Bike Lanes. WHEREAS, Community Board 6 has identified increasing river access for our community whenever possible as a high priority; and WHEREAS, DOT has identified E. 37 th St as a conduit for growing pedestrian and cyclist traffic to connect to the East River, Glick Park, and the ferry terminal at E. 35 th St., whose ridership has exceeded expectations by 23%, with its heavily used Citibike docking station; and WHEREAS, DOT has determined this will also aid cyclists to avoid the dangerous 2 nd Ave. entrance to the Midtown Tunnel; and WHEREAS, DOT has proposed a comprehensive plan with the following elements: the existing eastbound bike sharrow (shared bike lanes) on E. 38 th St. between 2 nd and 1 st Aves. will connect with a new two-way protected bike lane on 1 st Ave. between E. 38 th and E. 37 th Sts., augmenting the one-way-northbound bike lane and allowing cyclists to travel southbound on 1 st Ave. for one block; a bicycle crossing in parallel with the pedestrian crosswalk on the north intersection of 1 st Ave. and E. 37 th St., will feed into a two-way bike lane on the south side of E. 37 th St., at the intersection of the southbound FDR Drive service road and E. 37 th St., the pedestrian crossing buttons for the traffic light will be repaired; bollards bulbing out from the southwest corner will be installed to protect cyclists and pedestrians from turning vehicles; and convex

8 mirrors will be installed at both east and west FDR Drive underpass entrances to allow pedestrians and cyclists to see traffic flows more easily; signage and street markings will be installed along the southbound FDR Drive service road between E. 39 th and E. 37 th Sts. to slow traffic and warn drivers of the heavily used crossing to the FDR Drive underpass; and the underpass and its lighting will be cleaned and renovated; the path between the northbound FDR Drive service road and Glick Park will be resurfaced to create a two-way bike lane connecting the east side of the underpass with the ferry terminal and bike lane at E. 35 th St.; additional lighting along the new bike lane will be installed; signage and Jersey barricades will be installed at E. 35 th St. in the roadway adjacent to the ferry terminal leading to Glick Park and the bike lane, to prevent cars from mistaking it for the northbound FDR Drive service road; THEREFORE, BE IT RESOLVED, that Community Board 6 supports the DOT plan to connect the East River Greenway with 1 st Avenue via the south side of E. 37 th St. Votes - For: 34; Against: 4; Abstain: 0; Abstain for Cause: 1. 4a. RE: NYU Langone Medical Center proposed changes to East 33rd Street traffic direction. Whereas, NYU Langone Medical Center (NYULMC) completed its expanded emergency department in April 2014; and Whereas, the emergency department ambulance entrance is located at the intersection of First Avenue and 33rd Street, which is currently a one-way westbound traffic street; and Whereas, it is vital that stricken patients in ambulances get to lifesaving treatment as quickly as possible by improving emergency vehicle response time; and Whereas, in order to achieve a reduction of emergency vehicle response time by 2 or more minutes, NYULMC proposes that 33rd Street be made into a two-way traffic street that would allow these vehicles to go eastbound directly to the emergency department entrance, which would reduce the number of signaled intersections that emergency vehicles need to drive through from seven to two. In addition, reducing the distance traveled by more than a quarter of a mile; and Whereas, NYULMC has hired Sam Schwartz Engineering D.P.C., a traffic consultant firm to propose a reconfiguration of the 50 wide (typically cross-town street widths are between 30 and 34 ) 33rd Street between First and Second avenues to do the following: Improve emergency vehicle response time, Reduce vehicle circulation, Improve pedestrian safety, Improve access to residences and businesses in the area; and Whereas, resulting from its traffic study (in accordance with NY City Environmental Quality Review [CEQR] standards), Sam Schwartz Engineering presented, on June 5, 2014, to the joint Transportation and Land Use/Waterfront committees a proposal to reconfigure 33rd Street between First and Second Avenues with the following features:

9 A striped median (from mid-block of 33rd Street between 1st & 2nd Avenues to serve as a pedestrian refuge and calming measure Two-way traffic to improve access to NYULMC Emergency Department Improved access to Kips Bay Towers and other business & residential buildings on 33rd Street with Eastbound travel from 2nd Avenue to 33rd Street Safer pedestrian crossing at 2nd Avenue & 33rd Street with pedestrian plaza at SE corner with no entrance to the service road from 33rd Street Redesign of the east side of 33rd Street and Second Avenue intersection to shorten the crossing distance from 65 to 40 ; and Whereas, there were many area residents at the June 5 meeting expressing many valid concerns to the propose changes to 33rd Street, including; Increased traffic use by non-emergency vehicles accessing the midtown tunnel Increased noise from emergency vehicles Concerns over double parking and loading causing congestion on the street; and Whereas, there was general support for a design of 33rd Street with an emergency vehicles-only lane going eastbound to First Avenue which the traffic consultant and NYULMC did not object to; and the traffic consultant would use the same configuration as presently proposed for such traffic; and Whereas, the final street design will be completed by DOT and the modifications are recommendations only; and Whereas, this resolution is consistent with the Community Board Six resolution approved in November 2010; now Therefore, be it Resolved, that Community Board Six supports the NYU Langone Medical Center proposed changes to East 33rd Street between First and Second Avenues, a two-way traffic street. Be it further Resolved, that Community Board Six urges the traffic consultant and NYU to explore ways to achieve an emergency vehicle only lane eastbound without a full conversion to 2-way traffic in response to community concerns. Resolved, that safety improvements to pedestrian crossing be implemented regardless of the direction of traffic on 33rd street. Votes - For: 35; Against: 1; Abstain: 0; Abstain for Cause: 3. 4b. RE: Re-zoning of East 58th Street between Second and Third Avenues. Whereas, East 58th Street between Second and Third Avenues is zoned R8B, which is residential; and

10 Whereas, the majority of street level spaces on this block are commercial use, which is noncomplying; and, Whereas, the non-complying commercial uses are either grandfathered from the time of 1961 zoning or have been granted variances since then, and Whereas, this creates a pattern of necessity for property owners to have to apply for variances as well as to extend the term of the variances every 10 years, to sustain the use of these properties, now Therefore, be it Resolved, that Community Board 6 (Manhattan) requests the New York City Department of City Planning (DCP) to prepare an appropriate Zoning Map change to reflect first floor/street level commercial use, which is the actual street level use along East 58th Street between Second and Third Avenues. Votes - For: 38; Against: 1; Abstain: 0; Abstain for Cause: 0. 4c. RE: Application for the extension of a previously granted variance No BZ for the property Second Avenue (a/k/a East 36th Street). Whereas, S and M Enterprises LLC (Mark Perlbinder et al the developer) applied, in November, 2001, for certain variances from the zoning resolution for a parcel Second Avenue (a/k/a East 36th Street), in Community Boar Six (CB6), Manhattan, and Whereas, CB6 Manhattan attached certain conditions to its adopted position: "Resolved, that with regard to the proposed construction of 245 East 36th Street ( BZ), a proposed four story base and 30 story building, 36th to 37th Streets on the west side of 2nd Avenue, Community Board 6, Manhattan, supports a mixed residential/commercial use for the site if the aspects of the project which exacerbates traffic flow around the site are altered: 1. The presence of the any commercial use in which would further impact existing traffic congestion by adding trucks and multiple curb cuts or loading docks, as would the proposed post office distribution center, and 2. The addition of any curb cuts or loading or unloading from Second Avenue, and 3. The addition of any additional accessory parking spaces within the building. 4. Construction of a layby on East 36th Street, and 5. Move residential building service entrance to East 37th Street from Second Avenue. Whereas, the applicant s representative said that all conditions enumerated above have been incorporated into the proposed plan; and Whereas, construction of the proposed building has been delayed by the severe downturn in the real estate market, the process of obtaining certain development (air) rights from the Metropolitan

11 Transportation Authority and the reluctance of lending institutions to make money available until recently, and Whereas, these, and other circumstances have combined to delay the start of the construction, and Whereas, the developer represents that if the variance is extended construction can begin in two years (2016), now Therefore, be it Resolved, that Community Board Six, Manhattan, has no objection to the extension of the variance hereto-for granted for application No BZ. Votes - For: 35; Against: 3; Abstain:1; Abstain for Cause: 0. 8a. RE: New B/W License, Shake Shack d/b/a Shake Shack rd Avenue, btw 39 th and 40 th Streets. WHEREAS, Area Director Elizabeth Watkins and Gabrielle Denson of Shake Shack s Development team appeared before the Business Affairs and Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 29, 2014, CB6M having jurisdiction of the premises in the license application process; and WHEREAS, Shake Shack is a well-known franchise restaurant with multiple locations in New York City, and WHEREAS, the area where this location will be situated is primarily commercial, and WHEREAS, this establishment will have 140 seats and close nightly at 1AM, and WHEREAS, the applicant agreed to return to CB6 if they intend to implement any outdoor seating; and WHEREAS, no members of the community had any comments for or against; now RESOLVED, that pursuant to the presentation made by the Representative at the meeting of the Business Affairs and Street Activities committee held on May 29, 2014 and pursuant to all other considerations, CB6M has no objection to the application so long as the Applicant adheres to all the Representations made by the Representative to the Committee. BE IT FURTHER RESOLVED, if the SAL application, however, contains a different method of operation than has been presented to CB6M as stated in this, including Hours of Operation, that differ in any way from those described above, then CB6M opposes the application and urges the SLA to deny the application based on such misrepresentation to Community Board 6 Manhattan. Votes - For: 39; Against: 0; Abstain:0; Abstain for Cause: 0.

12 8c. RE: New OP Liquor License, Bridgeview Hospitality LLC, d/b/a Upper Story by Charlie Palmer, 979 Third Ave at East 58th Street. WHEREAS, Senior Vice President Tim Bartley of the Charlie Palmer Group appeared before the Business Affairs and Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 29, 2014, CB6M having jurisdiction of the premises in the license application process; and WHEREAS, this will be a restaurant located on the 14th floor of a commercial building, and WHEREAS, the applicant will have a public assembly permit in place prior to opening, and WHEREAS, no members of the community had any comments for or against; now RESOLVED, that pursuant to the presentation made by the Representative at the meeting of the Business Affairs and Street Activities committee held on May 29, 2014 and pursuant to all other considerations, CB6M has no objection to the application so long as the Applicant adheres to all the Representations made by the Representative to the Committee. BE IT FURTHER RESOLVED, if the SAL application, however, contains a different method of operation than has been presented to CB6M as stated in this, including Hours of Operation, that differ in any way from those described above, then CB6M opposes the application and urges the SLA to deny the application based on such misrepresentation to Community Board 6 Manhattan. Votes - For: 39; Against: 0; Abstain:0; Abstain for Cause: 0. 8d. RE: New OP Liquor License, US Bar & Grill, d/b/a/ US Bar and Grill, 367 Third Avenue, btw East 26th & East 27th Streets. WHEREAS, Owners Michael Stewart and Horton Foote, Jr. and their representative, Michael Kelly, appeared before the Business Affairs and Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 29, 2014, CB6M having jurisdiction of the premises in the license application process; and WHEREAS, the owners are seeking to open an American restaurant/bar with a full menu, and WHEREAS, they estimate having 14 tables with approximately 88 seats, and, WHEREAS, there were serious concerns expressed in regard to the oversaturation of bars in the area, and WHEREAS, the applicants emphasized their focus would be on dining, not on consuming alcohol at the bar, and WHEREAS, the applicants stated that they had received no complaints or violations in regard to their other establishment, Tavern on Jane located in the West Village, and, WHEREAS, the committee received several letters from the community supporting this application, as well several members of the public voicing their support at the meeting, and WHEREAS, the Gramercy Park Association opposed this application due to oversaturation of bars in the area, and

13 WHEREAS, the applicants agreed to no pub crawls, that they must appear before the BASA if they intend on implementing outside seating, there would be no congregating or lines outside their establishment, they would close windows at 10pm and a public assembly permit must be in place before opening; now RESOLVED, that pursuant to the presentation made by the Applicants/Representative at the meeting of the Business Affairs and Street Activities committee held on May 29, 2014, and pursuant to all other considerations, CB6M has no objection to the application so long as the Applicant adheres to all the Representations made by the Applicants/Representative to the Committee including the signed and notarized Agreement (copy attached). BE IT FURTHER RESOLVED, if the SLA application, however, contains a different method of operation than has been presented to CB6M as stated in this Resolution and the signed and notarized Agreement, including Hours of Operation, that differ in any way from those described above, then CB6M opposes the application and urges the SLA to deny the application based on such misrepresentation to Community Board 6 Manhattan. Votes - For: 39; Against: 0; Abstain:0; Abstain for Cause: 0. 8e. RE: New OP Liquor License, 43 rd Street Restaurant d/b/a/ Longacre, 132 East 43 rd Street, btw Third and Lexington Avenues. WHEREAS, No one appeared on behalf of the applicants before the Business Affairs and Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 29, 2014, CB6M having jurisdiction of the premises in the license application process; and WHEREAS, failure to appear rendered the committee unable to make a determination to whether application was in the public interest or to determine the bona fides of the application; and WHEREAS, the 500 foot rule applies and therefore there is no way to determine whether this change is in the public interest; now RESOLVED, that Community Board Six objects to this application. Votes - For: 39; Against: 0; Abstain: 0; Abstain for Cause: 0. 8f. RE: Alteration Application for Go Nobu Inc d/b/a/ Sushi Tsushima, 210 East 44 th Street, btw. 2 nd and 3 rd Avenues. WHEREAS, Attorney Arthur Levine appeared before the Business Affairs and Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 29, 2014, CB6M having jurisdiction of the premises in the license application process; and

14 WHEREAS, the applicants are planning to reconfigure their restaurant to a layout that would result in fewer tables and seating and would allow for fewer people dining at a given time, and WHEREAS, no members of the community had any comments for or against; now there were no questions or comments from the community, now RESOLVED, that pursuant to the presentation made by the Representative at the meeting of the Business Affairs and Street Activities committee held on May and pursuant to all other considerations, CB6M has no objection to the application so long as the Applicant adheres to all the Representations made by the Representative to the Committee. BE IT FURTHER RESOLVED, if the SLA application, however, contains a different method of operation than has been presented to CB6M as stated in this, including Hours of Operation, that differ in any way from those described above, then CB6M opposes the application and urges the SLA to deny the application based on such misrepresentation to Community Board 6 Manhattan. Votes - For: 39; Against: 0; Abstain: 0; Abstain for Cause: 0. 8h. RE: Alteration Application for MXCO, 981 2nd 52nd St. to allow alcohol sales in the sidewalk café. WHEREAS, Marek Schwedt of Restaurant Solutions NYC appeared on behalf of the applicant before the Business Affairs and Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 29, 2014, CB6M having jurisdiction of the premises in the license application process; and WHEREAS, the applicants are requesting an extension of their previously approved liquor license in order to serve alcohol in their outside seating area, and WHEREAS, the applicants previously appeared before BASA and received approval of outside dining at their restaurant, and WHEREAS, the applicants agreed to close the outside area at 10pm nightly and to stay in complete compliance with their initial agreement with CB6M regarding their sidewalk cafe, and WHEREAS, there were no questions or comments from the community, now RESOLVED, that pursuant to the presentation made by the Representative at the meeting of the Business Affairs and Street Activities committee held on May 29, 2014 and pursuant to all other considerations, CB6M has no objection to the application so long as the Applicant adheres to all the Representations made by the Representative to the Committee.

15 BE IT FURTHER RESOLVED, if the SLA application, however, contains a different method of operation than has been presented to CB6M as stated in this, including Hours of Operation, that differ in any way from those described above, then CB6M opposes the application and urges the SLA to deny the application based on such misrepresentation to Community Board 6 Manhattan. Votes - For: 38; Against: 1; Abstain: 0; Abstain for Cause: 0. 8i. RE: New OP Liquor License, A Spice Lane, d/b/a A Spice Lane, 216 3rd Ave, btw E. 18th & E. 19th Streets. WHEREAS, Owner, Ajit Singh, appeared before the Business Affairs and Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 29, 2014, CB6M having jurisdiction of the premises in the license application process; and WHEREAS, the applicant will be opening an Indian Restaurant which would close at midnight nightly, and WHEREAS, there were no questions or comments from the community, now RESOLVED, that pursuant to the presentation made by the Applicant at the meeting of the Business Affairs and Street Activities committee held on May 29, 2014, and pursuant to all other considerations, CB6M has no objection to the application so long as the Applicant adheres to all the Representations made by the Applicant. BE IT FURTHER RESOLVED, if the SLA application, however, contains a different method of operation than has been presented to CB6M as stated in this Resolution including Hours of Operation, that differ in any way from those described above, then CB6M opposes the application and urges the SLA to deny the application based on such misrepresentation to Community Board 6 Manhattan. Votes - For: 39; Against: 0; Abstain: 0; Abstain for Cause: 0. 8j. RE: Alteration application for Elevated 959 LLC, d/b/a The Pullman Kitchen, nd E 51st. WHEREAS, Owner Dennis Keane appeared before the Business Affairs and Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 29, 2014, CB6M having jurisdiction of the premises in the license application process; and WHEREAS, the applicant is interested in extending their bar counter to provide more seating at the bar, and WHEREAS, the applicant would otherwise maintain the same method of operation that is currently in place, and WHEREAS, the applicants agreed that any extension of the bar space would be accompanied by seating, and

16 WHEREAS, no members of the community had any comments for or against; now RESOLVED, that pursuant to the presentation made by the Representative at the meeting of the Business Affairs and Street Activities committee held on May and pursuant to all other considerations, CB6M has no objection to the application so long as the Applicant adheres to all the Representations made by the Representative to the Committee. BE IT FURTHER RESOLVED, if the SLA application, however, contains a different method of operation than has been presented to CB6M as stated in this, including Hours of Operation, that differ in any way from those described above, then CB6M opposes the application and urges the SLA to deny the application based on such misrepresentation to Community Board 6 Manhattan. Votes - For: 39; Against: 0; Abstain: 0; Abstain for Cause: 0. 8k. RE: New OP Liquor License application for VOA Management Inc. d/b/a VOA, 249 East 49 th Street, btw 3 rd & 2 nd Avenues. WHEREAS, Principal Kobong Choi and representative Winnie Mok appeared before the Business Affairs and Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 29, 2014, CB6M having jurisdiction of the premises in the license application process; and WHEREAS, this establishment will be a small lounge with a capacity pf 35 people, and WHEREAS, the lounge will close nightly by 2AM and there will be no French Windows, no lines outside, and no congregating in front of the establishment, and WHEREAS, no members of the community had any comments for or against; now RESOLVED, that pursuant to the presentation made by the Representative at the meeting of the Business Affairs and Street Activities committee held on May 29, 2014 (and pursuant to all other considerations, CB6M has no objection to the application so long as the Applicant adheres to all the Representations made by the Representative to the Committee. BE IT FURTHER RESOLVED, if the SLA application, however, contains a different method of operation than has been presented to CB6M as stated in this, including Hours of Operation, that differ in any way from those described above, then CB6M opposes the application and urges the SLA to deny the application based on such misrepresentation to Community Board 6 Manhattan. Votes - For: 37; Against: 2; Abstain: 0; Abstain for Cause: 0. 8l. RE: New DCA application for GL Hospitality d/b/a/jimmy s Neapolitan Pizzeria, 338 Third Avenue at East 25 th Street.

17 WHEREAS, Representative Michael Kelly appeared on behalf of the applicants before the Business Affairs and Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 29, 2014, CB6M having jurisdiction of the premises in the license application process; and WHEREAS, the owner(s) were not at this meeting to discuss the application, and WHEREAS, the applicants wanted to open a large sidewalk café in a location where there have been many issues due to the oversaturation of bars in the area and proximity to residential housing, and WHEREAS, this restaurant is not open yet and is currently surrounded by a wood shed so there is no way that anybody could determine how the sidewalk café would work in tandem with the restaurant, and WHEREAS, this is a new establishment and the owners were not in attendance at the meeting and their representative could not address the committees specific concerns that were expressed regarding method of operation, and WHEREAS, the owners failure to appear rendered the committee unable to make a determination to whether application was in the public interest or address the concerns we have on behalf of the community; now RESOLVED, that Community Board Six objects to this application. Votes - For: 39; Against: 0; Abstain: 0; Abstain for Cause: 0. 8n. RE: Change of Method of Operation Application for Karizma Lounge Corp d/b/a Karizma, 244 E 51st St. btw 2nd & 3rd Avenues. WHEREAS, Owner Mohamed Bashir and his representative Adam C. Powell appeared before the Business Affairs and Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 29, 2014, CB6M having jurisdiction of the premises in the license application process; and WHEREAS, the applicant is looking change the closing time of their establishment from 2AM to 4AM, and WHEREAS, the applicant has not had any community complaints, there have not been any recent promoter parties or any other issues with this establishment, and WHEREAS, no members of the community had any comments for or against; now RESOLVED, that pursuant to the presentation made by the Representative at the meeting of the Business Affairs and Street Activities committee held on May 29, 2014 (and pursuant to all other considerations, CB6M has no objection to the application so long as the Applicant adheres to all the Representations made by the Representative to the Committee.

18 BE IT FURTHER RESOLVED, if the SLA application, however, contains a different method of operation than has been presented to CB6M as stated in this, including Hours of Operation, that differ in any way from those described above, then CB6M opposes the application and urges the SLA to deny the application based on such misrepresentation to Community Board 6 Manhattan. Votes - For: 37; Against: 2; Abstain: 0; Abstain for Cause: 0. 8o. RE: Renewal DCA app, unenclosed sidewalk café, 9 tables and 30 seats, Ethos Gallery 51, LLC dba Ethos, 905 1st E. 51st St. WHEREAS, Owner John Chatiris and attorney George Razir appeared before the Business Affairs and Street Activities Committee of Community Board 6 Manhattan (CB6M) on May 29, 2014, CB6M having jurisdiction of the premises in the license application process; and WHEREAS, the applicant was called in to contend with unresolved issues that had been expressed to the board at last month s committee meeting, these included inadequate garbage disposal and too many tables on their sidewalk cafe, and WHEREAS, the owner agreed to have the garbage removed every day by 3AM and he would take full responsibility, and WHEREAS, the establishment will now only have 2 four seat tables on the First Avenue side of the sidewalk café and all other seating must be in compliance with the establishment s initial agreement with CB Six and they will put down markers to assure their configuration will stay in place; and WHEREAS, the owner will post a contact phone number in the front window of the restaurant; now RESOLVED, that pursuant to the presentation made by the Representative at the meeting of the Business Affairs and Street Activities committee held on May 29, 2013 and pursuant to all other considerations, CB6M has no objection to the application so long as the Applicant adheres to all the Representations made by the Representative to the Committee. BE IT FURTHER RESOLVED, if the DCA application, however, contains a different method of operation than has been presented to CB6M as stated in this, including Hours of Operation, that differ in any way from those described above, then CB6M opposes the application and urges the DCA to deny the application based on such misrepresentation to Community Board 6 Manhattan. Votes - For: 36; Against: 3; Abstain: 0; Abstain for Cause: 0. 8p. RE: Department of Consumer Affairs has proposed amendments to amend sections of the Rules of NYC regarding Sidewalk Café License law. WHEREAS, the New York City Department of Consumer Affairs (DCA) has proposed rules in relation to Local Law 137 of 2013 to lengthen the term of a renewed revocable consent to operate a sidewalk cafe from two years to four years.; and

19 WHEREAS, the proposed regulations provide that the initial grant of a revocable consent and license to operate an unenclosed sidewalk café will be one, two-year license period to expire in the second year following the year of issuance of the license and revocable consent; and WHEREAS, the proposed regulations provide that the term of a renewed revocable consent will be two, consecutive two-year license periods; and WHEREAS, sidewalk cafés are currently granted for an initial period of two years and a renewal period of two years; and WHEREAS, sidewalk cafes often present challenges to the community with regard to noise, pedestrian traffic, cleanliness, and overall quality of life; and WHEREAS, Community Board 6 has on-going dialogue with the community and business owners to maintain a balance in the quality of life for residents and businesses; and WHEREAS, the DCA proposal limits the ability for the community board to provide oversight on the quality of life issues affecting the community with regard to sidewalk cafes; and WHEREAS, the Community Board seeks the ability engage the community and business owners and continue to address new developments that may impact the neighborhood; RESOLVED, Community Board 6 opposes the DCA proposal to extend the renewal period for sidewalk cafes from a two year period to a four year period; and Votes - For: 39; Against: 0; Abstain: 0; Abstain for Cause: 0. 9a. RE: Affordable Housing Plan Application Pursuant to the Inclusionary Housing Program for 222 East 40th Street aka 225 East 39th Street, New York, New York Block: 920, Lot 13. Whereas, Gemini Residential LLC has submitted an affordable housing plan application to the Inclusionary Housing Program for 222 East 40th Street seeking a tax exemption for the Property, and Whereas, the rental Property will be 36 stories and contain 372 units, 297 units of which will be offered at market value and 75 will be permanent inclusionary housing units, and Whereas, the 75 inclusionary housing units will be made available to households earning 60% of the Area Median Income, and Whereas, the applicant submitted a complete application to the Community Board and Housing, Homeless and Human Rights Committee for review, and Whereas, the counsel for Gemini Residential LLC met with the Housing, Homeless and Human Rights Committee of Community Board Six Manhattan in a public hearing regarding this matter, now Therefore, be it Resolved, that Community Board Six supports the granting of the tax exemption for this application Votes - For: 39; Against: 0; Abstain: 0; Abstain for Cause: 0.

20 10a. RE: Int Biodiesel in city ferries. Whereas, air quality within community board 6 is severely degraded, with it being routinely classified as a nonattainment area (NAA), and thus not in compliance with the National Ambient Air Quality Standards (NAAQS) which is required as part of the Clean Air Act; and Whereas, there are a series of ferry routes along the waterfront of community board 6, with several stopping at 34th St. adding to the poor air quality; and Whereas, it is incumbent upon the city government to be in compliance with state and federal guidelines for air quality so as to avoid fines; and Whereas, the city administrative code of New York City under section applies to the operation of city ferries in regards to the fuel used and upgrading such vessels to best available technology; and Whereas, currently the law mandates ultra-low sulfur fuel, but it does not mention biodiesel fuel; and Whereas, using biodiesel as compared to regular diesel reduces carbon monoxide, particulate, hydrocarbon and sulfate emissions, in addition to being a renewable fuel source; and Whereas, biodiesel fuel is more corrosive than standard diesel fuels, and thus traditional engines can only support up to twenty percent biodiesel; and Whereas, Intro calls for the city ferry fleet to begin using ultra low sulfur diesel fuel blend with at least five percent biodiesel by volume by July 1st 2014, and ultra-low sulfur diesel fuel blend with at least twenty percent biodiesel by volume starting in 2020; now Therefore, be it Resolved, that Community Board Six urges the city council to pass Intro and asks that the Mayor signs this into law as soon as possible. Be It Further Resolved, that the administrative code should be extended to include a timeline for privately owned ferries that operate within the city to switch over to low sulfur biodiesel and Be It Further Resolved, that every attempt should be made to procure the biodiesel blends from the most ecologically sustainable sources, and Be It Finally Resolved, that all new vessels purchased by the city should be able to run on one hundred percent biodiesel. Votes - For: 39; Against: 0; Abstain: 0; Abstain for Cause: 0.

21

22 June 2014 Reso Votes Name 2a. 3a. 3b. 4a. 4b. 4c. 8a. 8c. 8d. 8e. 8f. 8h. 8i. 8j. 8k. 8l. 8n. 8o. 8p. 9a. 10a. Fred Arcaro Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y N Y Y Y Ahsia Badi Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Martin Barrett Charles Buchwald Pedro Carrillo Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Genevieve Cervera Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Jim Collins N A NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Colleen Curtis Y Y NA Y Y Y Y Y Y Y Y N Y Y N Y N N Y Y Y Louise Dankberg Daniel Devine Beatrice Disman Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Richard Eggers Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Yuvie Figueroa Lyle Frank Y Y NA NE Y A Y Y Y Y Y Y Y Y Y Y Y Y Y Y NE Florence Friedman Y N NA Y Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Ernest Griggs Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Molly Hollister Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Aaron Humphrey Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Ellen Imbimbo Paige Judge Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Jennifer Keane Y Y NA NE Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Jeff Mailman Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Maxine McIntosh Y Y NA N Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Sandra McKee Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Debra Millman Richard Moses Rajesh Nayar Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Terrence O'Neal Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Nicole Paikoff Y Y NA Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Gary Papush Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Joseph Parrish Y Y NA Y Y Y Y Y Y Y Y Y Y Y N Y N Y Y Y Y Keith Powers Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Clara Reiss Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Gene Santoro Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Frank Scala Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Paula Schaeffer Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Lawrence Scheyer Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Ann Seligman Lou Sepersky Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y N Y Y Y

23 Sandro Sherrod Y Y NA NE Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Letty Simon Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Nick Smolney Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Susan Steinberg Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Kathy Thompson Y Y NA Y Y N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Mark Thompson Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Jules Vigh- Lebowitz Wilbur Weder Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y John Pettit West Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Ronald White Claude L. Winfield Y Y NA Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Board Attendance NAME Sept Oct Nov Dec Jan'14 Feb Mar Apr May Jun 1 Fred Arcaro E P P P P P P P P P 2 Ahsia Badi P P P P P P P P P E 3 Martin Barrett P P P P P E E P P A 4 Charles Buchwald P E P P P E P P P E 5 Pedro Carrillo P P P 6 Genevieve Cervera P P P 7 Jim Collins E P E P E P E P P P 8 Colleen Curtis A A P P P P A P P P 9 Louise Dankberg P E P P P A P P P E 10 Daniel Devine P A P P P P P E P A 11 Beatrice Disman A P P P E P P P P P 12 Richard Eggers P P P P P P P P P P 13 Yuvie Figueroa A A A E A A A A A E 14 Lyle Frank P E P A P P P A P P 15 Florence Friedman P P A P P P P P P P 16 Ernest Grigg A A A P P P P P P P 17 Molly Hollister P E A P P P P P A P Aaron Humphrey P E P P A P P P P P Ellen Imbimbo P P P P P E P P P E 20 Paige Judge A P E P P P A P P P 21 Jennifer Keane P A P P P P P P P P 22 Jeffrey Mailman P P P

24 23 Maxine McIntosh P P A P P P P P E P 24 Sandra McKee P P P P P P P P P P 25 Debra Millman P E A P P P P P A A 26 Richard Moses P P E P P P P A P A 27 Rajesh Nayar P P P P P P P P P P 28 Terrence O'Neal P P P P P P P P P P 29 Nicole Paikoff P P P P A P P P P P 30 Gary Papush P P P E P P P P P P 31 Joseph Parrish P P P A P A P P P P 32 Keith Powers P E A P E P P P P P 33 Clara Reiss E P E P A A A A P P 34 Eugene Santoro A P P 35 Frank Scala E E P E P A P P E P 36 Paula Schaeffer P A P P E P P P P P Lawrence Scheyer P P P P A P P P P P Ann Seligman P P P P P P P P A A 39 Lou Sepersky P P P P P P P P P P 40 Sandro Sherrod P P P P P P P P P P 41 Letty Simon P P P P P P P P P P Nicholas 42 Smolney P E P P P P P P E P 43 Susan Steinberg P P E P P P E P A P Kathy 44 Thompson P P P P P P E P P P 45 Mark Thompson P A P P P P P P P P 46 Jules Vigh- Lebowitz A P P A E A A A A A 47 Wilbur Weder P P A P P P P P P P 48 John Pettit West P P P A P A P P P P 49 Ronald White P P P P P P P P P E 50 Claude L. Winfield P P P A P P P P P P