Neighbors oppose NADC Burger’s request to serve alcohol in rear yard; committee lays application over for outreach

NADC New York LLC’s request to add beer and wine service and permit customer seating in a rear yard on Cleveland Place was put on hold after a lengthy public comment period in which multiple residents said the proposal would worsen nighttime noise and loitering.

Gavin Humes, identified himself as CEO of NADC (SEG 368–376). He told the committee the business has operated for about nine months, currently opens at 11:30 a.m. and seeks authority to serve alcohol until midnight and use a rear yard with roughly 24–30 seats. He said the restaurant had already made adjustments requested by neighbors — lowering speaker volume and changing speaker direction — and offered to consider further stipulations, including earlier outdoor‑music cutoffs and contingency plans to turn off outdoor audio earlier if problems continue (applicant comments and offers to stipulate: SEG 447–456, SEG 548–556, SEG 554–563).

Multiple residents and the neighborhood association urged the committee to deny or delay the request, saying they were not contacted before the application and that the rear yard directly abuts apartment windows. Georgette Fleer, who identified herself as a resident at 19 Cleveland Place and president of Friends of Pepsino Square, said she received no outreach from the applicant and called the block "profoundly residential," citing earlier litigation and a prior applicant that could not use similar outdoor space (SEG 640–649, SEG 651–703). Another resident described recurring late‑night music and skateboard‑related damage in the square and said permitting rear‑yard alcohol service would “fundamentally change” the block’s character (public comments and examples: SEG 772–783, SEG 803–820, SEG 866–878).

Committee members pressed the applicant on whether the rear yard is legally available for seating and on sound mitigation. The applicant said he would research the legal status of the rear yard in the lease and be open to stipulations, while noting that their beverage sales are a small fraction of total sales and that their stores elsewhere do not produce the problems described (applicant response: SEG 860–912, SEG 919–962). The committee specifically asked the applicant to perform neighbor outreach to the residents whose windows face the yard and to provide documentation about certificate‑of‑occupancy or other permissions for outdoor seating.

After debate, the committee agreed to lay the application over so the applicant can complete outreach, confirm the legal status of rear‑yard use and return with updated stipulations rather than filing the SLA application with the Licensing Authority in the interim (committee direction and layover instruction: SEG 1342–1366). The committee said that filing with the SLA after the Liquor Authority has the application would preclude a recommendation, so applicants were instructed not to file until they return.

Next steps: NADC will notify the community board office if it chooses to lay the application over, conduct direct outreach to immediately impacted residents, and return with documentation showing whether the rear yard may legally be used for seating and with any proposed, enforceable stipulations to limit noise and hours.

Ending: The committee did not vote on the license at this meeting; the application remains postponed pending outreach and documentation.