Representatives for a new Penguin location at 57 West 10th described the space as a small, daytime-friendly cafe with restaurant service and pledged to follow a sound consultant's recommendations to avoid disturbance to nearby residents.

Attorney Donald Bernstein said the operator commissioned an acoustic study and will implement the consultant's recommendations; the applicant stated the venue will have only recorded background music, no DJs, and no open doors or windows. The application notes a small footprint (about 1,600 square feet, 22 tables and 44 seats across one floor, plus two small bars for a total of 54 seats) and says the owners will follow the acoustic report attached to the filing.

Committee members raised traffic and late-hours concerns because the site is on a narrow, residential block that will now host multiple destination restaurants. Board members urged the applicant to require reservations in the evening, cap last-reservation times and route Uber drop-offs to 6th Avenue to reduce curbside congestion. The applicants said they are willing to emphasize reservations in the evening and prioritize neighbors for walk-ins.

The committee asked for confirmation of the acoustic work and for an explicit, enforceable reservation/wait-list procedure for evening service; the applicant agreed to provide a final plan and to implement the short list of acoustic measures in the consultant's report.