CB3 says no to Frank's fast-food Italian on Avenue A; fishmonger also denied

I'm picking up where I left off last night...

So!

During a nearly four-hour meeting in a steamy PS 20 auditorium last night, the full Community Board 3 denied Frank Prisinzano's application to open a fast-food style Italian restaurant on Avenue A and Second Street. Raguboy would have seated 121 people inside and another 44 people on a sidewalk cafe at the former Graceland grocery.



As you know, the CB3/SLA committee members were deadlocked in their vote last week. Prisinzano, who owns EV Italian empire Frank, Lil' Frankie's and Supper, was on hand as were several of the residents who spoke out against another liquor license on Avenue A during the CB3/SLA meeting. (You can read all that drama here.)

Several people spoke for and against a restaurant here... themes were the same... "we live in a noise hell" ... there's a lack of retail diversity in the East Village... too many liquor licenses on that stretch of Avenue A already...

CB3 District Manager Susan Stetzer, who lives nearby, also spoke out against the application as she did at last week's CB3/SLA meeting... There were several outraged people in the auditorium who were upset that Stetzer continued to talk beyond the alloted two minutes designated for each speaker.

Meanwhile, the board also denied Keith Masco's attempt to open Sea on A, a fish market/restaurant at 171 Avenue A. It came down to the same issues: Too many liquor licenses in the area. (You can read more about the plans here.)

There was also discussion on the Gaelic gastro pub, Percy's Tavern, taking over the former Al Diwan space on Avenue A and 13th Street. The CB3/SLA committee approved this last week. However, a few board members had questions about stipulations (closing time, etc.). You can read all about Percy's here.

It was an agonizingly long wait for the applicants... After the board voted on the license applications, other reports were heard, such as the Arts & Cultural Affairs Task Force... all important, but... then the votes came in... For Raguboy, 28 board members were against; 11 for and one person abstained. As for the fishmonger, 23 were against and 17 were for...24 were in favor of Percy's; 16 against.

The board also approved Little Printz Cafe, a "global Jewish" restaurant that will serve breakfast, lunch and dinner at the former Chabelas space at 40 Avenue B. The CB3/SLA committee approved this last week.

During the sometimes contentious meeting, board member David McWater stood up in the audience and questioned the entire SLA process, which he called at different times "unfair," ludicrous" and "dysfunctional." He did make many valid points concerning licenses seemingly arbitrarily being issued within the so-called resolution area.

Said McWater, "We have to find a way to be consistent again." There's more to all this, which we'll explore in another post...

Previously on EV Grieve:
"All uses considered" at former Graceland

Owners of Frank-Lil' Frankie's-Supper taking over the former Graceland space

More here.

A letter of opposition to the new Italian eatery for former Graceland space

Well, the big story of late concerns the fate of Avenue A and Second Street, the former home of Graceland... Anyway, as you know, Frank Prisinzano, who owns EV Italian empire Frank, Lil' Frankie's and Supper, came before the CB3/SLA committee on June 14 with his plans to turn the former grocery into what he described as fast-food Italian. "I want to give the community inexpensive Italian," he said. "I'm hoping this becomes a neighborhood staple like my other places." He stressed over and over that this won't be a bar or a nightclub. After 75 minutes of intense debate, the CB3/SLA committee were deadlocked.

Tonight, the full Community Board hears this application.

There has been so much spirited debate about this here ... (Read the 40-plus comments here.) The alleged alternatives here are a bank or 7-Eleven.

Meanwhile, some residents of East Second Street, including those at 156, remain opposed to his plans.

What follows is an excerpt of the letter some residents from 156 E. Second St. have sent to CB3:

To: CB3 SLA Committee


Re: Proposed use of 150 East 2nd Street by Frank Prisinzano for an Italian Restaurant


Dear sir or madam,

We have been a long term residents of 156 East 2nd Street. For the last eight years Mr. Prisinzano has been the proprietor of the restaurant Supper, which includes a bar and sidewalk cafe. Supper has been seriously problematic for the residents of the building and residents on the block for the following reasons:



--Crowds and Noise. Supper has consistently allowed their customers to block the sidewalk, such that residents of the block and of the building have to regularly walk into the street to get by. The noise that results from their allowing customers to wait for tables on the sidewalk has regularly and severely disturbed the quality of life for the residents of 156 East 2nd Street and adjacent buildings. They have regularly kept their doors and windows open, creating more noise. In addition to — despite repeated complaints — their continuing to allow their customers to block the sidewalk, they have had poor and inadequate signage asking their patrons to respect the neighbors. They have allowed customers to hold open containers of alcohol on the sidewalk, and at times have had more chairs on the sidewalk cafe than allowed as per their license.

--Poor Response to Complaints. There is a long history of complaints by neighborhood residents against this establishment. But for Supper’s first six years, the management responded poorly to the complaints of residents of the building and the block. Very little was done to establish a better host policy, to keep their customers off the sidewalk and to keep the noise level down. The response by management to the residents of the building and the block was mostly to say they were “doing the best they could” to keep the noise and sidewalk blockage down, without in fact taking any noticeable steps to do so. 



During the last two years, Supper’s management has been somewhat more proactive about communicating with residents of the building and the block to remedy the problems. While there has been some improvement, there continues to be regular disturbances. The fact that a genuine response to complaints took six years suggests that their neighbors’ quality of life is not a priority to Supper’s management. 



--Disregard of the CB3 SLA Committee. Supper’s management has regularly disrespected the requests of CB3 SLA Committee to do a better job of minimizing noise and sidewalk blockage. Every time they have come up for renewal they have come up against a complaint history. When they receive their renewal with the stipulation that they change their door policy to enforce less noise and less sidewalk blockage, they say they will do so and they do not. The most recent example of such disrespect was when, in 2008, they made an agreement to erect a barrier between the restaurant portion of the sidewalk and the public sidewalk and entrance to the residential building. It took them two years to begin to comply with this agreement, and it still has not been completed.

At the same time, in 2008, they made an agreement to close their windows and doors after 10 p.m. on weeknights and 11 p.m. on weekends. They have consistently failed to do so. It was only after consistent direct complaints from residents that they began to do a better job with this. The fact that it took two years to comply with CB3 SLA agreements to respond to quality of life issues is an indication that such poor attention to quality of life issues will managed the same way if they open another establishment in the area. 



--Misrepresentation and Disrespect for Regulations. When they originally opened the establishment, they promised the residents that it would be a “quiet family restaurant “ that “wouldn't have a loud bar “ and that “the bar would be primarily a service bar for the restaurant.” This has never been true, and over time they have made their bar into a separate drinking establishment, which has increased the noise level. They advertise through signage in front of the restaurant drink specials and happy hour, and regularly use the sidewalk tables outside the bar area to serve drinks to customers who are not eating. This causes more noise and is evidence that they are willing to misrepresent their establishments for the purposes of getting licensed.

The most egregious display of this management team’s flagrant disrespect for regulations occurred in July 2009. When their liquor license lapsed and they did not put in the renewal on time they temporarily lost their license to serve alcohol. However, they continued to serve alcohol for over a week past the lapse of the license. They only stopped serving alcohol without a license when the police were called to shut down the bar. (Nevertheless, they eventually did receive their renewal.)

-- Saturation of Bars in the Vicinity. Avenue A and East Second Street does not need another bar. Just on the four blocks immediately extending out from this intersection, there are at present some dozen bar/restaurants. For the three weekend nights of the week (Thursday nights having become nearly as busy as Friday and Saturdays) this leads to a rowdy party atmosphere, with crowds of people blocking sidewalks, smoking, shouting drunkenly, etc. Our immediate neighborhood has become saturated with places that serve alcohol, while otherwise-useful businesses are dwindling, to the detriment of our quality of life.

If all of the circumstances detailed above are any indication of how Mr. Prisinzano and his management team run their businesses, we definitely do not need another one on our block, and so close to the establishment that has already wreaked so much havoc on the neighborhood. If Supper was proposing to move to the corner, closing the restaurant and bar in our building, that would be another matter, and would at least move the noise to the avenue, restoring some of the quieter side-street atmosphere to the block.

Thank you for taking all these facts into consideration as you consider giving approval for Mr. Prisinzano to operate a restaurant/sidewalk café/bar at 150 East 2nd Street.

Sincerely,

Residents
156 E.2nd Street

Previously on EV Grieve:
CB3 deadlocked over new "fast-food Italian" at former Graceland space; 7-Eleven next?

"All uses considered" at former Graceland

Owners of Frank-Lil' Frankie's-Supper taking over the former Graceland space

In open letter, community groups seek answers over recent removal of 2 CB3 committee chairs

Fifteen community groups and block associations within Community Board 3 have signed an open letter to local and state officials requesting an inquiry into the recent removal of Alexandra Militano and Carolyn Ratcliffe as chairs of the SLA Committee and Arts & Culture Sub-Committee, respectively. (Update: the letter now has 16 signees with the addition of the First Street Block Association.)

Community groups point to the Dec. 30 letter drafted by five CB3 SLA Committee members and the Facebook post from ex-Arts Chair Ratcliffe after the demotions via Chair Alysha Lewis-Coleman raised concern about the direction and mandate CB3 leadership and management is adopting regarding liquor licensing and arts and culture in CB3. 

According to a release that accompanied the letter, the signees are especially troubled over the continued support of the Lower East Side Partnership (formerly LES BID) in the CB3 SLA Committee process, which Militano and some residents have opposed in recent years. 

"My block association is deeply concerned about unchecked liquor license proliferation and its effect on our block”, said Stuart Zamsky, an officer of the East Fifth Street Block Association in the release that accompanied the letter. "The LES BID would tip the scale for landlords and usher in more licensing if they are involved in the CB3 process." 

Neighborhood groups previously expressed concern about the new SLA Committee chair, Michelle Kuppersmith, who they say doesn't have the necessary experience to delicately balance the competing interests of an expanding nightlife industry against quality-of-life concerns. Militano has more than 20 years of involvement with CB3. (The turmoil on the committee also led to the resignation last week of member Clint Smeltzer.)

There were several protest signs visible during the virtual SLA committee meeting on Jan. 11 ...

The open letter from the 16 community groups offers a six-tiered approach that will allow residents and CB3 to move into 2021 "on good footing and continue to work together to bring positive and inclusive change for our embattled communities." 

The letter follows ...

Open Letter to Electeds - CB3 Leadership by E.V. Grieve on Scribd

CB3/SLA votes against renewal for Heathers

[Heathers owner Heather Millstone and her attorney face the CB3/SLA committee. Photo by Shawn Chittle]

Heathers on East 13th Street is on the agenda for tonight's CB3/SLA committee meeting for a "renewal with complaint history" ... And after a lengthy debate, the committee has voted to deny the bar's request for the renewal, Shawn Chittle reports from the meeting.

The Times checked in with a lengthy article in January 2007 about the ongoing noise issues between the bar and neighbors.

Nearby neighbors said that Heathers is the worst offender among the bars on the northern stretch of Avenue A (and the side streets). The matter may be taken up with the full Community Board on Sept. 27.

In any event, the State Liquor Authority has the final say in these matters. This doesn't mean that Heathers will close. For instance, the CB3/SLA committee voted to deny TenEleven's license renewal in July, though the SLA later approved it.

Grub Street has more here.

On the CB3-SLA docket: A new applicant for the former Bodhi Tree space; a scratch for NatureEs

Last month, the folks behind Shorty’s Authentic Philly Steaks & Sandwiches had designs on opening their fifth NYC location at 58 Third Ave. between East 10th Street and East 11th Street.

However, Team Shorty's withdrew their proposal ahead of the October CB3-SLA committee meeting. Now, there's a new applicant for the space, which, until July, housed the Thai restaurant Bodhi Tree.

There aren't many details on the application (PDF!) filed ahead of this month's CB3-SLA committee meeting on Nov. 16. The restaurant is going by the name of Mulan East with posted hours of 11:30 a.m. to 11 p.m. Sunday through Thursday; until 11:30 p.m. on Friday and Saturday.

The configuration shows 17 tables good for 46 seats and well as a service bar with four seats. According to the paperwork, the two principals, listed as Ling Xia He and Yung Ping Wong, have not previously held a liquor license. They are seeking a beer-wine license for this space.

In other applicant news this month, the plan to convert the now-closed NatureEs juice bar/wellness center on East First Street into a Spanish bistro appears to be on hold. The applicants have withdrawn from the November CB3-SLA meeting.



Previously on EV Grieve:
Shorty's eyeing former Bodhi Tree space on 3rd Avenue

At NatureEs, the Mars Bar replacement that apparently is no longer open

Here's more of the November CB3/SLA docket

[Root & Bone on East Third Street]

Yesterday we looked at three of the applicants on the November CB3/SLA agenda. (Find that post here.)

And please note that the CB3/SLA meetings are now double the fun, double the drama! The meetings are now spread out over two nights.
So here's a look at some more of the above East Houston (mostly!) applicants... starting with Monday!

Monday, Nov. 18 at 6:30 pm — Community Board 3 Office, 59 East 4th Street (btwn 2nd Ave & Bowery)

Applications within Saturated Areas

• Brownstone Lounge & Grill, 240 E 4th St (op) (aka 50 Ave B)

That was quick. In the face of neighbor opposition and skepticism from Board members about a rather half-baked business plan, the applicants looking to take over the former Affaire space decided to withdraw their application during the October CB3/SLA meeting. Guess they have it all figured out after a month.

Alterations
• Rockwood Music Hall (Ken Rock Enterprises LLC), 192 Allen St (op/acoustic music in basement)

• Nublu (Tatu LLC), 151 Ave C (op/expand to upstairs)

New Liquor License Applications

• To be Determined, 8 Extra Pl (op)

Most likely the new location for Momofuku Ko.

• DY Schnitz LLC, 177 1st Ave (wb)

The mystery applicants taking over the former Something Sweet bakery.

• Root & Bone (Root & Bone LLC), 200 E 3rd St (op)

As previously reported, "Top Chef" alum Jeff McInnis and current "Top Chef" contestant Janine Boothwas are joining forces to open a restaurant called Root & Bone at the former Mama's Food Shop and Heart N' Soul on East Third Street and Avenue B.

• 9 East First Street LLC, 9 E 1st St (op)

The former Veselka Bowery space. Eater and Grub Street reported that restaurateur John McDonald signed a lease for a steakhouse/oyster place here.

• To be Determined, 269 E Houston St (op)

About the 500th time an unknown applicant has signed up to take over the former Local 269 venue on East Houston at Suffolk. The applicants always seem to withdraw before the meetings.

• Gaia Lounge (Sams 1 Lounge Inc), 103 E 2nd St (wb)

The former Animal Crackers pet shop near First Avenue.

• Moonstruck (88 2nd Ave Food Corp), 88 2nd Ave (op)

---

b=beer only | wb=wine & beer only | op=liquor, wine, & beer | alt=alterations

---

Tuesday, Nov. 19 at 6:30 pm — Community Board 3 Office, 59 East 4th Street (btwn 2nd Ave & Bowery)

Applications within Saturated Areas

• Cantina LES (Black Fish LLC), 8-10 Ave B (op)

The former M&M Variety Hardware between Houston and East Second Street looks to become a bar/restaurant serving Mexican fare... the applicants had previously looked at 1 Ludlow St.

New Liquor License Applications

• To be Determined, 134 1st Ave (op)

This is the address of Simone at St. Mark's Place... anyone know what's happening here?

• Ginger (Gold River Restaurant Corp), 109 1st Ave (upgrade/op)

• Ethos Meze (167 AA Rest Corp), 167 Ave A (op) (saturated area)

As we first reported on Oct. 3, the Diablo Royale Este space will become a Greek place from restauranteur John Kapetanos, who operates Ethos Gallery, Ethos Meze and the Moonstruck Diners, among others.

Corporate Change (not heard at committee)

• Paprika (Inter Pepe Inc), 110 St Marks Pl (wb)

• Croissanteria (Croissanteria Inc), 68 Ave A (wb)

---

b=beer only | wb=wine & beer only | op=liquor, wine, & beer | alt=alterations

Superdive not going 5 for 5 this CB3/SLA meeting

So, you know tonight is the July meeting for the CB3/SLA folks.

Meanwhile, for the first time in four months, Superdive is not on the CB3/SLA agenda for a transfer, alteration, etc. They were on the docket then scratched each time.

However! A trusted source says Superdive will be on the August CB3/SLA docket for an alteration. Unless they bow out. Again.

Previously on EV Grieve:
Another month, another Superdive scratch; Plus, Avenue A bars give it another go tonight

You will soon be able to order booze with your Plump Dumplings

An already slim CB3/SLA agenda for Monday night became slimmer when Heather's was scratched earlier in the day. The bar on East 13th Street was in the "renewals with complaints" category. There have been on-going noise issues here with some neighbors for years... as this article in the Times pointed out in January 2007.

In any event, you can read reports on the rest of the evening at:

BoweryBoogie .... The Lo-Down .... and Eater.

A few highlights:

Per Eater, the committee said OK to licenses for:

• Hot Kitchen, a new Chinese restaurant opening at 104 Second Ave., which previously housed Matsukado.
• Asian Chef Express at 96 Third Ave.
• Plump Dumpling on Second Avenue at 11th Street

And the committee said No to a transfer from Lychee on St. Mark's Place to St. Mark's Red House. Classic line from the proprietor: "There are already 39 licenses; Not to be flippant, but what's 1 more?"

As The-Low Down reported, the owners of Preserve 24, the bi-level, 24-hour Argentinian cafe/bar taking over 175-177 East Houston St. next to Russ & Daughters now want to add "occasional live music" in the basement space. CB3/SLA nixed this. (CB3/SLA approved this monstrosity back in April.) In any event, why do we have the feeling that this place will still host music regardless of what CB3/SLA said?

Finally, BoweryBoogie noted what was approved for the former Crash Mansion space on the Bowery. Quality Meats Downtown will be a bakery-cafe-restaurant-lounge... with an occupancy of 340. People.

On the CB3-SLA docket tonight: Tiger Lily, Lamia's Fish Market, Little Rebel

The first of two April CB3 SLA committee meetings happens tonight via Zoom.

Here's a look at three new liquor license applications in the East Village:

• The Tiger Lily Kitchen (Elvis' Cafe LLC), 58 Third Ave. 

Hospitality veteran Michelle Morgan is looking to bring the Tiger Lily Kitchen to the former Boilery space here between 10th Street and 11th Street.

Morgan opened Tiger Lily, which serves "healthy Asian-inspired cooking with gluten-free and vegan options," late last year as a takeout and delivery operation at 293 Third Ave. between 22nd Street and 23rd Street. This space would allow for her to offer indoor dining.

For a look at their lunch and dinner options, you can check out the Tiger Lily Instagram here. The application for the address is on the CB3 website.

• Lamia's Fish Market (East Coast Fish Market Inc), 45 Avenue B 

Lamia's Fish Market is seeking an upgrade from beer-wine to a full liquor license here between Second Street and Third Street. 

Lamia Funti, the applicant, appeared before CB3's SLA committee meeting in April 2016. The application was reportedly denied based in part on the history of the space. (The Lo-Down reported on this here. And DNAinfo here.)

Media outlets previously identified Funti as the co-owner of Le Souk on La Guardia Place along with her husband Marcus Jacobs. He was reportedly an owner of Le Souk, a years-long thorn in the side of Avenue B neighbors, as reported and here ... and here.

In October 2009, the State Liquor Authority canceled Le Souk's liquor license. (Read the SLA release here.)

Despite the 2016 committee denial, Lamia's received the beer-wine license via the State Liquor Authority later that fall.

You can read Lamia's questionnaire on the CB3 website at this link.

• Little Rebel (K&L Hospitality LLC), 219 Second Ave.

A bar-gastropub called Little Rebel is in the works for the former Professor Thom's space on Second Avenue between 13th Street and 14th Street.

You can read more about the plans that owners Dermot Lynch and Jarek Krukow have for the space — as well as see a sample menu —via their questionnaire here.

Tonight's meeting starts at 6:30. You can find the Zoom info here. 

Le Souk will have their liquor license cancelled

An SLA spokesperson told me: "[The SLA] will re-serve the cancellation order, which will terminate their liquor license."

From the State Liquor Authority:

COURT OF APPEALS UPHOLDS STATE LIQUOR AUTHORITY DECISION

Liquor Licensees Must Comply with SLA Rules Mandating Health and Safety

Albany NY – State Liquor Authority Chairman Dennis Rosen today announced the New York State Court of Appeals has upheld the SLA’s determination in the matter of 47 Ave. B. East, Inc. vs. the New York State Liquor Authority. Yesterday’s decision by the Court of Appeals reverses the order of the Appellate Division with costs, dismisses the petition of 47 Avenue B (doing business as “Le Souk”), and holds that the SLA’S findings that the licensee allowed the premise to become overcrowded and failed to supervise was supported by substantial evidence. Most significantly, the decision upholds the validity of the SLA rules, which provide the SLA with the regulatory power to ensure licensees comply with local health and safety rules.

On April 9, 2008, 47 Avenue B challenged a March 3, 2008 determination by the SLA canceling the bar’s liquor license. In an earlier lower court decision issued on May 21, 2009, the Appellate Division ruled in favor of the 47 Avenue B, finding that the record did not contain substantial evidence of overcrowding, that it was beyond the rule-making authority of the SLA to issue a rule requiring licensees “to insure that a high degree of supervision is exercised over the conduct of the licensed establishment at all times,” and that it was beyond the rule-making authority of the SLA to issue a rule requiring, “all on-premises licensees, regardless of type of premises, to conform with all applicable building codes, fire, safety and governmental regulations.”


“The Court of Appeals correctly found that the SLA must have the authority to act when bars break local laws,” said Chairman Rosen. “Bars that allow overcrowding or fail in their basic duty to adequately supervise their premises are often just setting the stage for more serious violations to occur. The Court's decision yesterday was essential for the SLA’s continuing efforts to ensure public safety at licensed establishments.”

This matter was handled by Senior SLA Attorney Scott Weiner, under the supervision of Thomas J. Donohue, Counsel to the Authority.

Previously on EV Grieve:
At CB3/SLA meeting: Le Souk denied; residents speak of "mayhem" and "crazy fistfights"; proponent suggests people would prefer living in Staten Island

"LE SOUK IS BACK!"

Your chance to nab a piece of junk from Le Souk

On the CB3/SLA June docket: Takers for Barbao, Sin Sin, Kurve — and 34 Avenue A, again

The June CB3/SLA agenda is out... (it should be on the CB3 website shortly) ...

SLA & DCA Licensing Committee
Monday, June 20 at 6:30 pm — JASA/Green Residence, 200 E. 5th St. at Bowery.

Among the items of interest:

Applications within Resolution Areas

• To Be Determined, 14 Ave B (op)

The East Village Brewery & Beer Shop, who borrowed the Prime Meats menu, is back on the docket.

• To Be Determined, 34 Ave A (op)

More activity on the former Mo Pitkin's/Aces & Eight space. And still no idea who is behind the venture... just yet.

• JujoMukti Tea Lounge (JujoMukti Inc), 211 E 4th St (wb)

• The Saint Mark's Red House (TTD& G LLC), 115 St Marks Pl (wb)

This is Barbao, which, as you're painfully aware, has been closed of late. I guess we know why now.

• MAT NA Bar and Grill (6 St Marks Restaurant LLC), 6 St Marks Pl (wb)

Looks like something for the shuttered Cafe Hanover eatery that was once Mondo Kim's.

Sidewalk Café Applications

Bistro Nomad (78 Second Ave Sandwich Shop, Inc), 78 2nd Ave (alt/expansion of sidewalk café to 10 tables and 21 chairs)

New Liquor License Applications

• Company, 242 E 10th St (op)

Hmm...

• Café 81, 81 E 7th St (op)

Hmm...

• Karczma (Karczma NY Inc), 178 2nd Ave (op)

This is Pangea's address... We're find out what this is all about...

• Empellon, 105 1st Ave (op)

This is the address of Counter. wd~50 pastry chef Alex Stupak received the OK from the CB3/SLA last November for a "fine-dining Mexican restaurant."

• Luzzo's (Luzzo's East), 211-213 1st Ave (op)

• Bar Veloce (175 2nd Ave Corp), 175 2nd Ave (op)

• Slices Group, Inc., 248 E 5th St (op)

This was once home to Sin Sin. According to reports, the landlord's son wanted to open a bakery here. Slices Group? This sounds more like pizza. Or bacon!

• Cooper Craft & Kitchen (Trim Castle Corp), 87 2nd Ave (op)

It's the former Kurve/Rhong Tiam space that the Dempsey's owner wants to turn into a craft beer-focused restaurant. The East Fifth Street Block Association had been opposed to this license. Read that here.

SLA approves liquor license for 200 Avenue A

[File photo of 200 Avenue A]

Finally, an end to the ongoing saga of 200 Avenue A, the corpse of Superdive... As you may recall, a group calling themselves Hospitality LLC with a concept for an "art gallery with a full-service restaurant" (smell machine!) concept had appeared before and been rejected by the CB3/SLA committee three times.

The group then decided to go directly to the State Liquor Authority for its license. Read the background here. Then they went back to the CB3/SLA committee in March. Rejected again.

And, they kept fighting. Today, the group went before the State Liquor Authority. According to an interested observer there, "When it became clear that things might not go Hospitality LLC's way, they more or less surprised everyone and at the last minute agreed to a midnight closing on weekends. Didn't see that one coming."

Ditto.

Anyway, they really want to open here regardless of what the neighbors might think.

Here is what we know about them based on their CB3 documents from the March CB3/SLA meeting:

The three principals are looking at business hours of 11 a.m. to midnight Sunday through Thursday; until 2 a.m. on Fridays and Saturdays. The kitchen will be open to within one hour of closing. The application also shows that they'd be 19 tables seating 52 people, plus one bar with 12 additional seats. The gallery-restaurant would employ between 20-25 people. Lastly, there are proposed "promoted events, scheduled performances."

Breaking Badly: LES Dwellers demand impartial investigation of Community Board 3

Earlier this month, in a highly publicized move, Community Board 3 notified the neighborhood group The L.E.S. Dwellers that it was suspending it as a recognized block association for the remainder of the year.

As The Lo-Down reported on Oct. 7:

In a letter that was sent not only to the Dwellers but to members of CB3′s SLA Committee, Chairperson Gigi Li wrote, "it appears that the group has been working as its own entity” and acting as a 'shadow community board.'"

(Read more about this at BoweryBoogie and DNAinfo, who first reported the story.)

The L.E.S. Dwellers have been active in opposing new liquor licenses on the Lower East Side, including the proposed SoHo House on Ludlow Street ... and the ongoing battle with the DL on Delancey. (CB3 first recognized the L.E.S. Dwellers as a block association in October 2012.)

The group shared the following letter calling for an investigation of CB3 with us.

The recent suspension of our group, L.E.S. Dwellers (“LESD”), by Community Board #3 (“CB3”) is an attempt by a few members of CB3 — without board approval — to limit our participation in the process. The tactics to gerrymander our boundaries and impose an unlawful suspension where we are relegated to speak as individuals not as an organized group before CB3, applicants, existing businesses and the hundreds of residents who have taken various forms of action alongside us, is a blatant suppression of our First Amendment rights of free speech, assembly and to petition the government. Essentially, CB3’s self-determined jurisdiction over the way the LESD can dissent and demonstrate is a community board’s version of a gag order.

The purposeful narrowing by CB3 of free speech rights through sanctioned limitations that purportedly serve to protect the very rights that are being suppressed treads on treacherous First Amendment waters. This sets a standard for what community board’s can demand of neighborhood organizations and constituents. In CB3, or anywhere, the entity charged to hear the concerns of the residents and act as the liaison with government agencies, will now have the tacit authority to determine the propriety and delivery of those concerns.

Through the seemingly arbitrary and capricious nature of decisions made by certain members of CB3, there is a preponderance of evidence to suggest that our rights have been threatened for some time. For six months, CB3 has systematically challenged the legitimacy and representation of the LESD. The 58-minute conversation outlines the exact rationale for the suspension, including a selection of information not reported by Ms. Li in her formal letter. Overall, it reveals the unedited delivery of CB3’s ruling against LESD.

The audio presents an opportunity to understand the ongoing challenges we have endured from the community board, the reasons for the suspension, the manner in which it was decided, and other particularities about the inconsistent operations of the board. CB reps repeatedly overstep their bounds in the conversation and admit that while they may not approve of the manner in which LESD has acted, we have behaved lawfully and within our rights.

If community boards are permitted to impose limitations and suspend community groups absent of procedure and just cause, then the influence over government policy through protest and demonstration is severely hampered if not diminished all together. The result increases government agencies' influence over their own agendas without necessary checks and balances.

This is why, upon our suspension, we submitted a formal complaint to Manhattan Borough President (“MBP”) Scott Stringer. The complaint included an audio recording of the entirety of the conversation between the L.E.S. Dwellers and Board Chair Gigi Li and District Manager Susan Stetzer, in which LESD was told of the suspension and the reasons therefore, as well as the Community Board suspension letter and response letter from the L.E.S. Dwellers, including 81 pages of supporting supplemental material.

We then followed up with written request (CB3 Special Task Force: LESD Suspension Letter) on October 10th to CB3 chair Gigi Li to convene an independent, internal panel (“Special Task Force”) to investigate the facts and events surrounding the suspension of the LESD. We asked that the Special Task Force be charged with investigating two matters. First, did the LESD engage in any unlawful or inappropriate conduct that would warrant a suspension by CB3? Second, did CB3 Chair Gigi Li, CB3 District Manager Susan Stetzer or any other member of the CB3 Executive Committee engage in unlawful or inappropriate conduct in suspending LESD?

Further, we requested to maintain independence and neutrality, the Special Task Force should be made up only of rank-and-file members of CB3, not members of the Executive Committee, including any current committee chairs. Additionally, we asked that our letter be distributed to all members of CB3, not just the Executive Committee, and requested during the course of the investigation and until the report is released, the suspension of LESD should be held in abeyance. In return, LESD would agree not to take legal action against CB3 or any of its officers or employees until the report of the Special task force is released.

As to date, CB3 has not responded to our request.

Diem Boyd
Founder of the LES Dwellers

The group shared the entirety of the nearly 60-minute conversation between them and Board Chair Gigi Li and District Manager Susan Stetzer from Sept. 27. The Timestamp link is suggestion only of particular parts of the conversation that they were concerned by or felt deserved special attention and/or consideration.

On the CB3-SLA July docket: Szechuan cuisine for Avenue A; No Reservations on Avenue C

[171 Avenue A]

CB3's SLA committee meeting tonight ... you can find the full rundown of applicants at the CB3 website.

Here's a look at two potential new ventures:

• 171 Avenue A

A restaurant serving Szechuan cuisine and dim sum is in the works for this space between 10th Street and 11th Street.

The applicants, who have not been licensed previously, are looking for a beer-wine license.

Proposed hours are noon to 11 p.m. Sunday through Thursday; until midnight on Friday and Saturday. The PDF on file at the CB3 website includes a sample menu.

Chao Chao, a contemporary Vietnamese restaurant, closed here without any notice to patrons in May 2017 after six months in business. Chao Chao evolved from Soothsayer, which opened in January 2016. Soothsayer, from the same operators, also closed without any notice to patrons at the end of September 2016. The applicants had hoped to secure a full liquor license, but couldn't make the space work with just beer-wine.

171 Avenue A was also the onetime home of Rat Cage Records and 171A, the illegal club-turned-rehearsal studio that produced records by Bad Brains and the "Polly Wog Stew" EP by the Beastie Boys.


[129-131 Avenue C from 2017]

• 129-131 Avenue C

A venture called No Reservations is being proposed for 129-131 Avenue C between Eighth Street and Ninth Street. (Not sure if the No Reservations name is some kind of tribute to Anthony Bourdain.)

The applicants were previously involved with The Grayson, the sports bar at 16 First Ave. The sample menu at the CB3 website shows comfort foods such as burgers, wings and... hot dog sliders.

The proposed hours are pretty varied — 4 p.m. to 2 a.m. Monday to Wednesday; to 3 a.m. Thursday through Saturday (with an 11 a.m. open on Saturday and Sunday)... the applicants are also looking to license the rear garden, which has a different set of proposed hours. You can find the application (PDF) here.

This space was last home to the hookah hotspot Babel Lounge.

CB3's SLA committee meets tonight at the Public Hotel, 17th Floor, Sophia Room, 215 Chrystie St. between Houston and Stanton. The proceedings start at 6:30.

A look at tonight's CB3-SLA agenda

[Brasserie Saint Marc]

Community Board 3's SLA & DCA Licensing Committee will meet twice this week to hear applicants vying for new or modified liquor licenses.

Brasserie Saint Marc, which opened at 136 Second Ave. between St. Mark's Place and Ninth Street in October, is back on the agenda for the following proposed changes:

Brasserie Saint Marc (UKI Freedom LLC), 136 2nd Ave (op/method of operation/add DJ, Live Music (Acoustic), promoted events, any event at which a cover fee is charged, scheduled performances, add more than 12 private parties per year, add unlimited drink specials, add boozy brunches with food, extend Happy Hour, add Jukebox and Karaoke, add Video/Arcade Games)

They withdrew their application ahead of last month's committee meeting.

Ownership is also seeking a license for a sidewalk cafe. Also on the sidewalk cafe agenda tonight: Ruby's Café, which debuted this past October at 198 E. 11th St. at Third Avenue.

Here's a look at the rest of the agenda for tonight's meeting:

• El Sombrero (Two Almontes Corp), 108 Stanton St. (op/alt: to use basement to store alcohol/method of operation: change hours to 11 am to 2 am Sunday thru Thursday and 11 am to 4 am Friday and Saturday; change number of employees to 8; to hire 1 security personnel for Friday and Saturday to check ID)

• The Crown (Bridgeview Hotel LLC), 50 Bowery (op/method of operation/add recorded/background music to roof-top space)

• Norman's Cay (Norman's Cay Group LLC), 74 Orchard St. (op/alt/to license adjacent space)

New Liquor License Applications

• Ichibantei (Lucky One Enterprises LLC), 20 St Marks Pl (op)

• Corp to be formed by Erinson Salce, 112 Rivington St. (op)

• Cozy Cafe (Cozy Cafe Corp), 43 E. 1st St. (upgrade to op)

• Nostro East Village (Romi Ripa LLC), 75 2nd Ave (wb)

A noteworthy scratch: Applicants for Ichibantei have been on the CB3-SLA agenda multiple times dating to November 2018 for the former Grassroots space on St. Mark's Place.

Tonight's meeting starts at 6:30, Perseverance House Community Room, 535 E. Fifth St. between Avenue A and Avenue B.

We'll have details later about CB3's SLA committee meeting on Wednesday night.

About the dueling art galleries at the old Superdive space

Yesterday, we reported that AD Projects has taken over the former Superdive space at 200 Avenue A. Just for clarification: This is just temporary. This is not the same art gallery concept that went before the CB3/SLA committee last month. The committee turned down that group's bid to take over the space.

This was the second time they had come before the Board. (The new venture is from the same group who appeared before the CB3 in November with the idea of a restaurant/lounge "that involves all the senses," including the now-legenedary smell machine.)

In April, CB3/SLA told the group — going as Not A Bookstore LLC — to do more (and better!) community outreach. They will appear again before the CB3/SLA committee on Monday.

For starters, they dropped the cutesy Not A Bookstore name and are going by Avenue A Hospitality LLC. The group did meet with neighborhood power brokers last Thursday.

Meanwhile, more about what's coming to 200 Avenue A is on the CB3 website. (Warning! PDF!)

The concept: An "art gallery with a full-service restaurant" open seven days a week. According to the CB3 questionnaire, their proposed hours are 11 a.m. - 2 a.m. Sunday through Tuesday; 11 a.m. - 4 a.m. Wednesday through Saturday. In total, there will be 19 tables, with a capacity (bar included) of 150. No TVs, though the yet unnamed art gallery-restaurant will employ a DJ for "ambient background music" and have "occasional acoustic" music.

In any event, this will be a more challenging sell now that the liquor license for this address has expired.

SLA says live music and DJs can return to Club Cumming

The live music and DJ programming are returning to Club Cumming starting tonight.

Yesterday, the State Liquor Authority (SLA) signed off on a license alteration for the bar-cabaret on Sixth Street between Avenue A and Avenue B.

Alan Cumming, one of the bar's owners, announced the news on Instagram:

We just left the State Liquor Authority meeting and they ruled in our favor so @clubcumming is allowed once more to have live performances and DJs!!! Rejoice!!! Thanks to everyone who supported us. We have only tried to comply and make good since we discovered the license error, and finally we have been allowed to go on as before.

Ironically our dealings with our community board — us wanting to protect and preserve the @clubcumming community — has made us all realize just how passionately people feel about our little bar and the inclusive, non-judgmental merriment we try to create.

As previously reported in March, the SLA was investigating Club Cumming for its live music programing, including piano and cabaret nights, which was happening without the proper permits. The bar suspended its live music and DJs until they could apply for the appropriate license.

Last month, CB3’s SLA committee (four members present) unanimously voted to grant the license alteration, though with stipulations — "provided they are not scheduled and that there are no ticket sales or entrance fees."

However, a few weeks later, the full CB3 board voted to recommend a denial of Club Cumming's alteration. This is where it gets a little granular.

We'll let The Villager explain from a recent article:

Susan Stetzer, the district manager of CB3, said at the SLA Committee meeting ... that DOB issued a statement to her explaining that the club was in Use Group 6 — a specific zoning group that does not allow scheduled performances, ticketed sales or events with cover fees, according to Stetzer’s statement in the meeting minutes.

But a DOB spokesperson told The Villager otherwise. Because the building was constructed before 1938, it does not have what is known as a “certificate of occupancy” — which is what sparked the whole debate after a 311 complaint was lodged over the club lacking a valid “C of O.”

The building also has a so-called nonconforming commercial use, specifically, a commercial use in what is technically a residential zone — in this case, a bar on a residential sidestreet. However, because the building is pre-1938, it does not need a certificate of occupancy, according to DOB. Additionally, the “nonconforming commercial use” is allowed because of the building’s age, according to a DOB spokesperson. A 311 complaint about “no C of O” led DOB to send an inspector to check out the address on Dec. 22, 2017. The department found no violation that day. A spokesperson added that the department has no jurisdiction over issues related to live-performance ticketing.

However, despite DOB’s finding of nothing amiss, the SLA issued a violation at the end of February. That, in turn, sent Club Cumming to the community board for approval of a liquor-license modifcation.

In any event, the SLA apparently sorted through the various DOB bureaucracy and approved the amended license for Club Cumming, which opened last September in the former Eastern Bloc space.

Previously

A bar called Matty's in the works for Idle Hands on Avenue B

Idle Hands looks to be changing ownership.

The bar at 25 Avenue B near East Second Street is on this month's CB3/SLA committee docket.

According to the paperwork (PDF!) on file at the CB3 website, Idle Hands is scheduled for a corporate change… as you can see, seven partners (essentially everyone) are leaving the corporation, and three new ones are joining…



The new venture will be Matty's, whose owners ran a gay bar in Ft. Lauderdale, Fla., called Matty's on the Drive.

Here's how the New Times Broward-Palm Beach described Matty's on the Drive:

Gather on the far end of the room and take on formidable opponents at Wii Sports, or just kick back and wait for the man of your choice to approach you with his best pickup line. Wild Wednesdays score you 75-cent drafts and well drinks at Matty's on the Drive. And don't forget to try the signature grape martinis.

Matty's closed in late 2012 following a year-long legal case.

There's no word yet on what kind of bar Matty's will be on Avenue B.

In October, Allan Mannarelli, an owner of The Cock, decided to withdraw his application for moving his bar from Second Avenue to the Idle Hands space when it became clear that the CB3/SLA committee was going to issue a denial.

The CB3/SLA committee meeting is Monday night at 6:30 in the CB3 offices, 59 E. Fourth St. between Second Avenue and the Bowery.

However, according to the docket, this item will NOT be heard during the meeting. Strange, given that the space will be under new ownership, yet the corporate name remains the same.

[Updated] Incoming restaurant on Avenue A asking residents to rally for their liquor license and back patio

Here's more information about the new Vietnamese restaurant in the works for 171 Avenue A between East 10th Street and East 11th Street.

The principals, siblings Stephan and Kimxuan Brezinsky who grew up in Stuy Town, will appear before CB3's SLA committee on Monday evening.

According to public information (PDF!) posted at CB3's website, the restaurant will be called Soothsayer, with proposed hours of 5:30 p.m.-midnight, Monday-Thursday; until 1 a.m. on Friday. They will also open at noon on Saturday and Sunday.

Stephan Brezinsky currently serves as bar manager at The Third Man on Avenue C, and previously served as general manager of Rue B on Avenue B, per the paperwork.

There's more information, including the food and drinks menu, on the PDF at the CB3 website.

Soothsayer is requesting a full liquor license with use of the backyard garden. There are signs up at 171 Avenue A asking residents to "join us as we rally for our liquor license and for the approval to open a cozy back patio."



The sign also notes that they will offer "friendly and affordable dining experiences."

The previous tenant here, B.A.D. Burger, closed earlier this year. B.A.D. Burger was never able to secure a beer-wine license for the space. After CB3 denied his beer-wine request in 2012, B.A.D. Burger owner Keith Masco reportedly called the board "fascist."

The July SLA committee meeting is Monday at the CB3 office, 59 E. Fourth St. between Second Avenue and the Bowery.

Updated 7-14:

BoweryBoogie reports from the CB3/SLA meeting…

Soothsayer withdrew its bid for 171 Avenue. It was much ado about the rear yard space, and the applicants’ inability to negotiate with the nearby block associations. Full liquor was sought, yet CB3 advised the team to return next month with a revamped application for beer-wine.

Ichibantei vying for 20 St. Mark's Place, and an update on the former Grassroots Tavern space

Applicants for Ichibantei are on tonight's CB3-SLA agenda for a liquor license for a new restaurant in the former Sounds space at 20 St Mark's Place between Second Avenue and Third Avenue.

The questionnaire (find the PDF at this link) for the Japanese restaurant shows 28 tables seating 56 guests as well as a bar for eight. The proposed hours are 11:30 a.m. to midnight Sunday through Thursday, with a 2 a.m. closure on Friday and Saturday.


[Click on image for more detail]

An application for the space from the same principal(s) has been on the CB3-SLA agenda several times dating to 2017, though it has been withdrawn in each instance for unspecified reasons. The questionnaire on file at the CB3 website does not mention if this would be a second outpost for Ichibantei, the eight-year-old Japanese comfort-food spot on 13th Street between Avenue A and First Avenue, or a spin-off location.

Sounds closed in October 2015 after 36 years in business selling records, tapes and CDs.

Tonight's CB3-SLA committee meeting starts at 6:30 in the Public Hotel, 17th Floor, Sophia Room, 215 Chrystie St. between Houston and Stanton.

------

While on the topic of 20 St. Mark's Place... in August, I exchanged emails with Bob Precious, who's planning on opening a bar in this semi-subterranean space with a working title of Subterranean. (Precious operates the mini chain of Irish-style pubs called the Ginger Man, including the one on 36th Street. CB3 OK'd his new liquor license back in December.)

In August, he hoped to be up and running this fall. He noted at the time that the bar space was in bad shape — including structural damage — when he received the keys. The newish landlord needed to get the approvals for the renovations in this landmarked building. This process has proven to be slow going.

I asked Precious for an update last week. He said that the landlord claims to be starting their structural work "soon."

"If so, we'll finally be able to start our work ... and could have an early spring opening," he said in an email. "That would be about 15 months since we took over; ridiculous and frustrating, since we're not really doing that much."

For comparison, the 36th Street outpost of the Ginger Man, which is 2.5 times as big as the No. 20 space, was built from scratch in six months before it opened early 1996, he said.

The Grassroots Tavern closed after service on New Year's Eve after 42 years here.

Jim Stratton, the longtime principal owner, decided to sell the business last year. In January 2016, Stratton sold the building to Klosed Properties for a reported $5.6 million.

20 St. Mark's Place, known as the Daniel LeRoy House, was built in 1832. It received landmark status in 1971, and added to the National Register of Historic Places in 1982.

Previously on EV Grieve:
New owner lined up for the Grassroots Tavern on St. Mark's Place

20 St. Mark's Place, home of the Grassroots Tavern, has been sold

Your chance to live in this historic home above the Grassroots Tavern on St. Mark's Place

Last call at the Grassroots Tavern

This is what's happening with the former Grassroots Tavern space on St. Mark's Place