Community Board 2 sees surge of outdoor-dining applications; committee reports backlog and ADA, agency coordination issues

At the February Executive Committee meeting, the Community Board 2 (Manhattan) Outdoor Dining Working Group reported heavy workload and procedural uncertainty as city agencies, applicants and community boards implement the post-pandemic outdoor dining rules.

The working group said it has reviewed roughly two-thirds of roadway cafe applications expected in the district and only a small share of sidewalk cafe applications. The group told the Executive Committee it will have reviewed its 100th roadway application and reported that, by a pipeline estimate provided earlier, the board faces over 150 new outdoor-dining applications across sidewalk and roadway categories (the working group said a figure of 551 had been circulated as a pipeline estimate to the committee earlier). The group and other committee members told the Executive Committee that the volume has required multiple extra meetings.

Committee members described three intertwined operational problems: 1) DOT and other agencies have given inconsistent public guidance about whether applicants may set up on April 1 without final agency signoff, 2) required ADA guidance and accessibility rules are not being presented clearly on the Dining Out NYC website and the 3) downstream licensing step with the State Liquor Authority creates timing complications for operators that serve alcohol.

The working group reported that agency and media guidance had briefly told applicants they could not set up a roadway cafe until all approvals and the common color stamp were issued; a later public statement from DOT said set-up might be allowed if an application is filed. The working group said the legislation that created the temporary/pathway program provides community boards 30 days to weigh in after an application reaches a board inbox, but that applicants often lack clear timelines from agencies and the city has not given boards viewing access to the full application portal.

On accessibility, committee members said the Dining Out NYC website has buried guidance about Americans with Disabilities Act (ADA) requirements and the working group has asked DOT to make the minimum route and other accessibility standards prominent. The working group said it had received clarifications from the U.S. Department of Justice ADA hotline that a single ADA table does not satisfy accessibility requirements and that the city cannot substitute lesser guidance for federal ADA standards. Committee members said applicants sometimes are not asked about accessibility by their planners and that the board posts clear guidance on its agenda about minimum widths.

Members described how the sequence of approvals can stall operators. The boardheard that some applicants filed in March but that approvals were still pending weeks later; several speakers said liquor-license timing means many operators will only secure SLA permission for alcohol after the city issues an outdoor-dining approval. The working group and other committees have asked DOT and SLA for clearer timelines and for mechanisms to streamline applications that meet standard criteria.

The group asked the Executive Committee to prioritize meeting space for continued weekly sessions: the volume of applications has led the working group to meet multiple weeks in a row and some meetings run long because roadway applications can require extended presentations.

No policy votes were taken at the Executive Committee on outdoor dining; committee chairs said they would continue weekly meetings and will forward recommendations and any resolutions to the full board once drafts and agency responses are available.