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Community board opposes Olio and Boucherie sidewalk cafes; SLA holds outdoor seating to compliance and 10PM close
Summary
Manhattan Community Board 2 told the SLA it opposed sidewalk cafes at Olio and Boucherie citing ADA clear‑width concerns, prior DOT violations and repeated noncompliance. The Authority approved roadway seating with a 10PM close, required removal of speakers/planters and held sidewalk‑cafe decisions for Nov. 19 so applicants can demonstrate compliance.
The New York State Liquor Authority on Sept. 18 took up contested municipal‑alteration applications for two longtime restaurants—Olio and Boucherie—after Manhattan Community Board 2 raised ADA and public‑safety concerns and opposed sidewalk cafe approvals.
Donna Raftery, chair of the community board's SLA committee, told the authority the board denied recommending the sidewalk cafes because the proposed sidewalk seating "is 26 inches wide" in places and does not meet the ADA clear‑width standard of 36 inches for an accessible route. She urged the Authority to require proof of compliance and questioned who would certify ADA conformity, saying the community had consulted the ADA enforcement hotline.
The restaurants' attorney, Max Bookman, said DOT had approved the roadway cafe and that DOT examiners had not issued an accessibility deficiency to the Authority; he told the board the sidewalk cafe footprint had been negotiated with DOT and negotiated stipulations (including modifications to windows) had already been implemented. After extended testimony and a short conference with counsel, Chair Lily Fan said the Authority would reissue the roadway cafe approval with a 10PM closing time and require date‑stamped proof that speakers and extraneous planters had been removed. The sidewalk cafe items were held over to Nov. 19; the board asked applicants to return with documentation that addresses ADA circulation, DOT clearance and community concerns.
The decision reflects the SLA's balancing of DOT approvals, practical sidewalk constraints and community objections: the roadway seating was permitted on the record but the more constrained sidewalk seating must demonstrate that reasonable accommodations are available for people with mobility impairments. The board warned that applicants who return with evidence of ongoing violations risk stricter conditions or denial.
