CB2 outdoor-dining panel issues conditional approvals, presses DOT/FDNY referrals and enforcement after wide noncompliance

Manhattan Community Board 2(Community Board 2) outdoor-dining working group met in a hybrid session and moved a package of sidewalk- and roadway-cafe applications with a mix of conditional approvals and denials while flagging recurring compliance and enforcement problems.

The committee acted on applications for sidewalk or roadway cafes at multiple Lower Manhattan restaurants, approving several "with modifications" (the committee—s wording) and marking other items for re-referral or further review. Committee members repeatedly asked applicants to submit corrected site plans showing service routes, primary building entrances and 5-foot clearances, to remove unauthorized structures and to supply missing DOT referrals or FDNY waiver confirmations before the permits proceed.

Why it matters: The working group—s advisory sign-offs are a required step in DOT and SLA reviews for outdoor dining. Several applicants told the committee they had relied on prior seasonal setups or on earlier DOT guidance; the board emphasized that submitted plans must match the in-place conditions and that noncompliant winter enclosures, speakers and other permanent fixtures undermine public-safety and ADA standards.

What the committee decided - The panel approved or advanced multiple applications, usually as "approval with modifications" or "conditional denial" (committee language) that requires applicants to deliver corrected plans or fixes. Notable outcomes included conditional actions on the applications for Grata Azura (177 Mulberry Street), Si Di Paolo / CD Paulo (151 Mott Street), Local (144 Sullivan Street), 1 Tiger / South Soho Bar (1 Howard Street), Malatesta (649 Washington/Christopher), Anton—s (570 Hudson) and Common Ground (603 Greenwich). One roadway submission (San Sabino at 113 Greenwich) was not acted on because DOT had not re-referred the complete application; the committee asked staff to request immediate re-referral.

- The panel specifically ordered corrections that will be part of any approval: add north arrows and storefront dimensions; show all doors used for service on plans; mark the required 5-foot clearances from primary building entrances (and from Siamese fire-service connections where applicable); indicate perimeter demarcation and make clear how service will be performed without stepping into the public clear path.

Committee members and applicants who spoke Valerie Dela Rosa, chair of this working group, ran the meeting and opened and closed each application call-up. Stella Fitzgerald (vice chair), Donna Raftery (CB2 SLA chair), Brian Pape (committee member), Arturo Fernandez (land-use member) and Carter Booth (former CB2 chair) participated in questioning and votes. Applicants and witnesses included Frank Castellano (Grata Azura), Lou DiPaolo (DiPaolo/Si Di Paolo), Craig Walker (Local), Andrew Lamgavada (1 Tiger/South Soho), Michael Kelly (several applications), Mauro Baretti (Malatesta), Daniel Cardona (Malatesta manager) and numerous neighborhood residents.

Public testimony highlighted safety and regulatory concerns. Resident Norma Coates submitted detailed written testimony citing specific rules (see authorities below) and asked the committee to require removal of any tables placed over Siamese fire-service connections and to ensure required clearances. Mary Petretti and other neighbors documented repeated noncompliant setups at multiple addresses and urged the board to press for enforcement of November-1 compliance rules.

Direct quotes (selected, attributed to speakers who appear in the meeting transcript) - Frank Castellano (applicant, Grata Azura): "I spoke to DOT, which did submit it to the FDNY, and they said that we are not required to make any changes." (applicant statement recorded during the public session) - Lou DiPaolo (Si Di Paolo / 151 Mott): "We're requesting a few tables outside. Our block is not like Mulberry Street. Mott Street is a much quieter block, and we need to have a little bit of exposure for people to know that we are there." (public testimony) - Craig Walker (Local, 144 Sullivan): "He operates it beautifully... I urge you to approve this as quickly as possible." (public testimony in support of applicant) - Pete Davies (nearby resident): "I'm hoping the applicant is agreeable that there will be no outdoor music in the future." (public comment that committee noted as covered by the city—s amplified-sound restrictions)

Supporting / follow-up directions from the committee - Plan corrections and submissions: Every applicant approved subject to modifications must submit an updated plan with north arrows, storefront dimensions, the exact location of doors used for service, the perimeter demarcation and the 5-foot clearances from primary building entrances or fire-service (Siamese) connections. - DOT referrals and FDNY waivers: The board asked staff to re-request DOT re-referral when DOT had sent only partial materials (San Sabino case) and to collect FDNY-waiver confirmations before the panel—s recommendation is forwarded on those items that depend on a waiver (roadway seatings that reduce emergency travel lane widths). - Enforcement checks: Where neighbors provided photographic evidence of noncompliant permanent structures, heaters, roofs or planters in the amenity zone, the committee asked staff and the applicant to correct the physical setup promptly and requested follow-up inspections by board staff or designated members before final recommendations issue.

Votes at a glance (committee advisory recommendations; committee language used included "approval with modifications" and "conditional denial") - Grata Azura / 177 Mulberry St. (roadway): committee recorded an approval-with-modifications; required: FDNY-waiver confirmation on emergency-travel clearance and check the furnishings box (show lightweight movable furnishings) on the form. (See transcript discussion beginning: "So with that, I'm going to call up the first application, Grama, Grata, Azura..." ) - Grata Azura / 177 Mulberry St. (sidewalk): conditional approval with modifications; required: updated plan showing all service doors (Mulberry/Broom), confirmation service will be from inside where shown, furnishings/perimeter and north arrow. - Si Di Paolo / CD Paulo (151 Mott St., sidewalk): conditional denial pending corrected dimensioning (DOT/board sidewalk measure discrepancy) and demonstration of required 5-foot clearance from neighboring primary entrances; applicants told committee they will submit revised drawings and liquor-license alteration paperwork to the SLA committee. - Local / 144 Sullivan St. (roadway): approval with standard ADA and perimeter modifications; board noted Local had historically operated a parklet and applicants showed stewardship; small roadway layout accepted with plan corrections to match filed material. - 1 Tiger / South Soho Bar (1 Howard St., sidewalk/roadway combined filing): committee declined to approve the combined filing as submitted because the application mixed two distinct food-service establishment IDs / separate storefronts; the panel instructed the applicant to refile two separate applications (one per FSEP / storefront) and removed this submission from active approval until corrected. - San Sabino / 113 Greenwich Ave. (sidewalk): committee asked staff to request immediate DOT re-referral (DOT packet incomplete); no advisory vote pending receipt of DOT—s full referral. - Commerce Inn / 50 Commerce St. (sidewalk): conditional denial pending confirmation whether a nearby duct/exhaust exists; if it is an active exhaust (which requires 10-foot clearance), the sidewalk seating would need to be removed; otherwise the panel will accept a reduced layout. - Anton—s / 570 Hudson St. (sidewalk): conditional approval-with-modifications subject to removal of tables under a fire-escape and to maintain required 5-foot clearance from a Siamese connection (Norma Coates identified a Siamese location that must be left clear). - Rowey—s / 1 Perry St. (sidewalk): conditional approval with modifications; board asked applicant to remove misplaced tables on Perry Street amenity zone and align plan with the actual storefront and primary-entrance clearances. - Malatesta / 649 Washington (Washington/Christopher, sidewalk): approved with modifications: applicant to submit clarified plan showing that stand-alone table near the hatch will be served from inside via accordion doors and to show perimeter access to that enclosed spot if left in plan. - Lovely Day / 196 Elizabeth St. (sidewalk): panel recorded concerns about the clear-path measurement (documented as marginal in the packet) and recommended staff note that the submitted sidewalk plan does not meet the standard clear-path requirements; board left comments for DOT review rather than a simple approval. - LaGuardia / 530 LaGuardia Pl. (sidewalk): the plan fits the wide sidewalk; committee recommended approval with routine modifications (north arrow, perimeter demarcation, no seating under obstructions). - Common Ground / 603 Greenwich Ave. (sidewalk): conditional denial; the committee required removal of winter enclosures and a corrected plan showing the full 12-foot sidewalk width and repositioned perimeter; the committee will follow up to verify corrections before forwarding advice to DOT/SLA.

What the committee emphasized about process and enforcement - Accurate plans are essential. The group repeatedly declined to accept plans that omitted doors, north arrows, manholes, or Siamese connections; several items were delayed because DOT had not re-referred complete packages or because applicants submitted the wrong FSEP/storefront. - FDNY waivers matter for roadway kits. The group will not recommend roadway seating that cuts into required emergency travel or egress lanes without FDNY confirmation of a waiver. - Liquor-license implications. Where sidewalk/roadway seating would expand licensed service areas, the committee reminded applicants that SLA committees adjudicate hours and municipal-expansion issues (applicants were directed to file alteration or municipal-expansion paperwork when required). - Repeated noncompliance flagged by neighbors. Residents and board members supplied photographs and testimony showing heaters, roofs, planters with bare soil (rat concerns), and leftover roadway enclosures from prior seasons; the board asked staff to follow up on immediate enforcement and to consider withholding recommendation until corrections were made.

Ending: next steps and follow-up The board asked staff to request DOT re-referrals where packages were incomplete (San Sabino), to confirm FDNY-waiver status for roadway reductions and to accept corrected, stamped plans from applicants within the board—s stated timelines. Several items were approved conditionally pending those corrections. The board also set two additional working-group dates so staff can process the wave of referrals in May.

For additional details: the meeting record and application packets are available through Community Board 2; applicants were told to supply revised plans with north arrows, storefront widths and detailed service routes (showing how staff will serve chairs/tables without stepping into the 10-foot pedestrian clear path).