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Neighbors, board spar over whether enclosed sidewalk-cafe footprint counts toward clear-path requirement
Summary
Community members and committee members debated whether DOT should count the footprint of a pre-existing enclosed sidewalk cafe when measuring the clear path for adjacent outdoor tables; committee sought a DOT interpretation and recommended denying the adjacent application pending clarification.
Residents and committee members on June 9 debated whether the footprint of a pre-existing enclosed sidewalk cafe should be included when measuring the required clear path for adjacent outdoor tables.
Susan Ginsburg and other neighbors said that at one location the sidewalk is 20 feet wide, the enclosed sidewalk cafe occupies about 8 feet, and under one interpretation the clearance should be the greater of 8 feet or half the sidewalk (10 feet). "That really doesn't leave room for tables," Nancy told the committee, citing photos and measurements. Committee members said DOT customarily enforces an 8-foot clear path on neighborhood corridors but acknowledged that legacy enclosed cafes complicate measurements.
Why it matters: how DOT measures clear path (8 ft baseline vs. half-the-sidewalk or inclusion of enclosed-cafe footprint) determines whether parallel outdoor seating is permissible adjacent to long-standing enclosed sidewalk cafes. Neighbors argued that allowing both would push outdoor seating into residential sightlines and reduce pedestrian safety.
Committee action: the working group recommended denial with modifications for the application that proposed tables parallel to an existing enclosed sidewalk cafe and asked staff to refer the interpretation question to DOT for a formal determination. The recommendation recorded that the enclosed footprint should be considered in calculating available pedestrian clearance.
Quote from the record: "They're not treated as a sidewalk cafe per se by DOT because structurally they're now part of the building," a committee member said, noting the legacy installations were often treated differently. The committee requested that applicants label enclosed cafes clearly and show measurements on revised plans.
Next steps: DOT has the final authority on measurement interpretation; the working group’s denial-with-modifications will be forwarded with a request for clarification.
