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Board overturns DPW denial and grants sidewalk tables permit with time, cleanliness and expiration conditions
Summary
After neighbor testimony for and against, the Board of Appeals reversed the Department of Public Works’ denial of a tables-and-chairs permit at 3224½ 20 Second Street and granted a limited permit conditioned on hours (5 p.m.–1 a.m.), daily cleaning and an expiration/renewal cycle aligned to the ZIP‑code renewal date (expire Nov. 15, 2010).
The Board of Appeals reversed the Department of Public Works’ July 14 denial of a sidewalk tables & chairs permit for 3224½ 20 Second Street and granted a conditional permit aimed at balancing the applicant’s business needs with neighbor concerns.
John Kwong of DPW reviewed the director’s hearing history and said the department denied the permit after multiple public objections, including concerns about a shared entrance, congregation and smoking. Appellant Sergei Varshavski (applicant) said the business model had changed from a smoke shop to a small café and that outdoor seating (two tables) was necessary for viability. Supporters presented neighborhood photos and said parklets and adjacent sidewalk seating already help the block’s vitality; opponents raised concerns about noise, cigarette litter and impact on a shared doorway.
Commissioners discussed possible mitigations. The board voted to overturn DPW and grant a permit limited to outdoor hours from 5:00 p.m. to 1:00 a.m., require daily cleaning, and have the permit expire on Nov. 15, 2010 (the ZIP‑code renewal date) with the applicant able to apply for renewal. The board specified DPW would administer renewals and could enforce good‑neighbor requirements (graffiti removal, trash receptacles, revocation if standards are not met). The motion passed 5–0.
What’s next: The permit holder must comply with DPW good‑neighbor guidelines and clean the seating area daily; DPW will review compliance and the permit will come up for renewal/verification on or before Nov. 15, 2010.
