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Committee signals stricter enforcement of ADA clearance for sidewalk cafes; several applications denied or asked to remove noncompliant sidewalk seating
Summary
During the meeting, committee members repeatedly flagged sidewalk-cafe layouts that failed to meet pedestrian/ADA clear-path standards. Several applicants were told to remove sidewalk seating that narrows the clear path or to return with revised diagrams; the committee said it will deny sidewalk seating that does not meet ADA/DOT requirements.
Across multiple applications at Tuesdays licensing committee meeting, members repeatedly raised ADA and DOT clearance standards for sidewalk cafes and said they would deny or require withdrawal of sidewalk seating that did not meet the standard clear-path.
Multiple applicants presented sidewalk layouts that left only two to three feet of clearance in the diagrams shown; committee members told applicants those layouts were not acceptable. In several cases (for example, the Il Corolla and Andreas/Andre items), committee members asked applicants either to withdraw sidewalk seating from the application or to provide additional documentation showing ADA compliance.
One committee member summarized the concern: "...you have to be ADA compliant according to the rules." Another member said DOT had not provided consistent on-the-ground guidance and that developers were therefore learning the new program through the committee process.
The committee recorded denials or conditional denials for sidewalk elements that did not meet the committees interpretation of the requirements and asked staff to coordinate with DOT and FDNY to clarify waiver procedures for roadway barriers and curb ramps. Committee staff said they have been "eliminating" sidewalks from previous cases where the sidewalk layout could not meet ADA clearances and would continue to press applicants to either reconfigure or withdraw sidewalk seating.
The committee asked applicants to provide clear diagrams that include table dimensions, perimeter barriers and service aisles, and requested insurance certificates and FDNY waivers where required. Committee members said they would revisit any application once applicants submitted corrected diagrams and documentation.
