Report of a fire in an abandoned curbside dining structure on St. Mark's Place

According to multiple residents this morning (after 8), a man allegedly set fire to the abandoned curbside dining structure outside 102 St. Mark's Place between Avenue A and First Avenue. 

Firefighters immediately extinguished the blaze. It was not immediately known if the man had been living inside the structure ... his whereabouts were also not known after the fire...

Last Wednesday, the Department of Transportation issued a "Termination" notice for this dining structure outside Compilation Coffee, which closed one week after the streetery arrived last November.

Meanwhile, city officials are still debating the future of outdoor dining. Part of a proposed bill "would allow 'streeteries' — aka the dining sheds on the streets — to stay up from April through November each year," NBC New York reported on Friday. 

Reader-submitted photos

City issues curbside dining structure removal to the shuttered Compilation Coffee

Photos by Steven

The Department of Transportation has issued a "Termination" notice for the curbside dining structure outside Compilation Coffee, 102 St. Mark's Place between Avenue A and First Avenue.

The flyer states that the owners have 48 hours to remove the abandoned structure, or the city will do it and charge the business that closed six months ago ...

Compilation, a pour-over coffee spot, closed last November after less than two months in business without any notice to patrons. The curbside dining structure was erected a week before the shutdown.

A for-rent sign now hangs in the front window.

Meanwhile, the status of outdoor dining in NYC remains in flux.

Updated: East Village Pizza removes its curbside dining structure

Photos by William Klayer 

Workers this morning were removing the curbside dining structure on the Ninth Street side of East Village Pizza on the SW corner of First Avenue... the crew was hired by the pizzeria (this was not a city removal)...

Meanwhile, the status of outdoor dining is now in flux. 

As Gothamist reported last week: 

New York City is expected to set a limit on fees for restaurants seeking to participate in its yet-to-be-unveiled outdoor dining program, marking a significant victory for the restaurant industry. 

The plan would place a cap on licensing fees as well as a structure for annual "consent fees," the amount that restaurant owners would need to pay to rent city streets, according to multiple people privy to the discussions. They asked not to be named because they are not authorized to discuss private negotiations. 

 Mayor Eric Adams has pledged to establish a permanent outdoor dining program, promising to address complaints about unsightly and noisy sheds that sprouted when the city allowed free use of the streets and sidewalks as an emergency measure during the COVID-19 pandemic.

Negotiations continue between the city and City Council. Per Gothamist: "Deciding whether roadway dining should run year-round as opposed to seasonally has been another closely watched debate."

Updated: 

And after the structure was removed... like it was never there...

Updated 3:30 p.m. 

Workers also removed the curbside dining structure at Beron Beron on the NE corner of 10th Street and First Avenue (thanks for Steven for this photo)...

Happy trails to the Shake Shack curbside dining structure on 3rd Avenue

Today, Shake Shack had a crew via 1-800-GOT-JUNK? dismantle its lengthy curbside dining structure along Third Avenue between Ninth Street and Canal Street Eighth Street/Astor Place...

City issues curbside dining structure removal to Theatre 80 2 days after its owners were forced from the property

Photos by Stacie Joy 

On Friday, the Department of Transportation issued a "Termination" notice for the curbside dining structure outside Theatre 80/William Barnacle Tavern on St. Mark's Place — just two days after a court-appointed bankruptcy trustee locked the longtime owners out of the premises. 

The flyer states that this is the third Notice to Correct. The owners have 48 hours to remove the structure and the tables and chairs, or the city will do it and charge the business...

Several readers-residents shared the above notice, pointing out that it seemed cruel to issue this two days after the court-sanctioned removal of owners Lorcan and Genie Otway. It also showed a remarkable steely precision by the DOT, not known for staying on top of the multiple unused or abandoned streeteries around the neighborhood.

As previously reported, the Otways have been battling in recent years to save the space, which houses Theatre 80, a 199-seat theater, the William Barnacle Tavern and the Museum of the American Gangster.

The two-building property is set to be sold off to satisfy a $12 million loan that is in default via Maverick Real Estate Partners. As The Real Deal reported: "New York-based Maverick, led by David Aviram, has a reputation for aggressively buying up the troubled debt of real estate landlords — big and small — before raising interest rates to as high as 24%," which happened here.

The Otways have a three-week window to raise the rest of the money owed (some $6 million) ... and hope for an angel investor. 

New York City's Department of Cultural Affairs has also reportedly supported the theater's survival efforts. The office has already expedited granting a tax-exempt 501(c)(3) status to Historic 80 Saint Marks Inc., opening them up to various grants.

More than 7,000 people have signed a petition to save the historical space between First Avenue and Second Avenue.

Updated: There is a GoFundMe here.

McSorley's 'bringing all the energy back inside'

Photos by Steven

The COVID curbside-dining era in McSorley's long history has ended. 

Yesterday, workers removed the outdoor structures at the 169-year-old NYC institution, 15 E. Seventh St. between Second Avenue and Cooper Square. 

"They served their purpose. Now, back to normal and to bringing all the energy back inside the Old Ale House where it belongs and existed peacefully for ages," Gregory de la Haba, the co-owner and operator of McSorley's, told us via an Instagram message. "We're grateful to all our neighbors who tolerated the outdoor seating during COVID's mandates and restrictions." 

The saloon had two equal-sized structures where patrons could sit and drink mugs of light and dark ale or order a burger and fries or the cheese and raw onion plate.

A notice to remove the sidewalk dining room at the now-closed Bait & Hook

Bait & Hook has been dark this year... with no signs of life at the sports bar-"seafood shack." 

Google lists Bait & Hook as "permanently closed." However, there hasn't been an official notice from the restaurant or its social media properties. (Someone did remove the Philadelphia Eagles flag above the front door.)

Meanwhile, this past Thursday, the Department of Transportation posted a removal notice about Bait & Hook's outdoor dining area...

The large sidewalk structure, which looked like a converted mobile home, was one of the more egregious violations of the outdoor dining concepts in the pandemic era...

The place has shuttered before. In January 2020, a "closed for renovation" sign arrived a week before a for lease sign. Then they reopened. 

Bait & Hook debuted in 2012.

Before Bait & Hook, the space was the Meatball Factory, then Hole Foods ... and before that! The Pizza Hut-Nathan's-Arthur Treacher's combo, which vanished in 2010.

City removes curbside dining structure from outside AO Bowl on St. Mark's Place

Reps from the DOT and Department of Sanitation removed the small curbside dining space from outside the shuttered AO Bowl at 82 St. Mark's Place just west of First Avenue. (Thank you @pixelkeg for the pic!) 

The dining structure was nestled between two that are still in use at the Brooklyn Dumpling Shop and William Barnacle Tavern. 

As we recall, there had been a DOT removal notice outside the Japanese health-food cafe, which went dark last summer. Upon closing, ownership put the blame on Sen. Charles Schumer in a parting letter posted to the front door. 

Meanwhile, around the corner on First Avenue, @pixelkeg reports that the owners of MáLà Project removed their curbside dining space yesterday.

City removes the curbside dining space at Eros on 2nd Avenue and 5th Street

This a follow-up to a post from Jan. 15... on Friday morning, the city removed the curbside dining structure from the Fifth Street side of Eros on the NE corner of Second Avenue. (Thank you, Eden, for the tip!) 

On Jan. 10, the Department of Transportation issued a "Termination" notice for the curbside space that ran the length of the Greek restaurant, which hasn't been open in more than five months.

Meanwhile, the indoor space remains dark. 

Eros took over for the diner the Kitchen Sink in September 2021 (same owners) ... management previously changed names from Moonstruck to the Kitchen Sink in the fall of 2015. 

The Eros website still notes that this location is "closed for renovations. Reopening TBA." We had not seen anyone inside the space since the restaurant closed in August. The "temporarily closed" sign is still on the front entrance.

City issues removal notice for the curbside dining structure at the currently-closed Eros

Photos by Steven

An item from earlier this week... Eros, the Greek restaurant on the NE corner of Fifth Street and Second Avenue, is entering its fifth month of what is billed as a temporary closure. 

Meanwhile, the Department of Transportation has noticed... and issued a "Termination" notice for the restaurant's lengthy curbside dining structure...

The DOT notice is dated Tuesday (Jan. 10). Eros had 24 hours to remove it from the Fifth Street side before the city did ... (it remains in place as of this morning, Jan. 15) ... 

We previously spotted a letter here from the DOT dated Sept. 6 requesting that ownership correct some deficiencies in the curbside dining structure.

Eros took over for the diner the Kitchen Sink in September 2021 (same owners) ... management previously changed names from Moonstruck to the Kitchen Sink in the fall of 2015. 

The Eros website still notes that this location is "closed for renovations. Reopening TBA." We had not seen anyone inside the space since the restaurant went dark in August. 

Workers remove Somtum Der's curbside dining structure

From the EVG tipline... workers from a private hauler were out early this morning removing Somtum Der's curbside dining structure outside 85 Avenue A between Fifth Street and Sixth Street. 

The streetery didn't appear to be in use any longer. Plus, as of June, this lane south of Sixth Street is a No Standing zone, and parking is not allowed between 6 a.m. and 10 p.m. seven days a week. 

The signs arrived ahead of the new Bus Only lane on the southbound section of Avenue A.

The nearby Takahachi removed its curbside structure back in August. 

Updated:

The city serves notice to more abandoned East Village curbside dining structures

On Friday, the Department of Transportation placed an ABANDONED outdoor seating notice on the gate at the now-closed Compilation Coffee on St. Mark's Place between Avenue A and First Avenue...

The coffee shop, which is now empty, has 14 days to "correct the deficiencies" of its outdoor seating... which was constructed the same week that Compilation suddenly closed without any notice...

The pour-over coffee shop shuttered at the start of November after less than two months in business. Google lists Compilation Coffee as "permanently closed." The shop's website notes that Compilation Coffee Roasters 2.0 is coming soon, though perhaps not at this location as the inside is bare. The CC Instagram account is now MIA as well. 

In other abandoned curbside dining news, the DOT also served notice (on Nov. 27) to the currently closed Cloister Cafe on Ninth Street between Second Avenue and Third Avenue... (thanks to EVG reader Craig Sloane for these photos...)

That abandoned space (seen below last week) has been removed...

The city started issuing warnings about abandoned (or deficient) curbside dining spaces back in August. 

As for the future of outdoor dining, Curbed noted earlier this fall: 

The improvisational process that birthed streeteries is over, and the government is approaching a consensus on how to make them permanent. While those rules are still being written, a few outcomes seem likely. Rickety plywood sheds will come down — eventually; it could take a while — and be replaced in many cases by more up-to-code structures. And New York will continue to allow restaurants to commandeer an astounding amount of public pavement.

About the ongoing removal of the former Kindred curbside dining structure

Top photo by Jefferson Siegel/2nd photo by Steven 

This past Wednesday, workers continued removing the curbside dining structure from outside the former Kindred space on Sixth Street at First Avenue. 

Workers took down one section starting in early November...and several weeks passed before the demolition resumed.

As previously noted, the Department of Transportation placed a termination notice here on Oct. 15... giving 24 hours' notice that the city would remove the structure, which never happened. 

This is how the outdoors looked yesterday ...

We asked Kindred partner Moshe Schulman about what is happening here. 

"The city did flag us and wanted to take down all of [the curbside dining], but we were in process of securing a new tenant, so I worked with DOT to hold off on taking anything down until we had a clearer idea of what the plan was," Schulman said via email. "The new tenant only wanted one patio so we took down the second portion and left one up for them to handle." 

He was unaware that the (unnamed) incoming tenant had most of the remaining structure discarded. 

Schulman, who also operates Ruffian on Seventh Street, said that it was in great condition "but they must have a plan." 

Kindred's outdoor structure was one of the better spaces around... and during the day, starting in September 2020, they rented tables to remote workers for $25 per person, which included coffee, WiFi and bathroom access. 

 "[We] spent a lot of time detailing it and building it to be a great space," he said of the efforts to offer a remote work option to residents as well as create a revenue source for Kindred during the pandemic. 

Kindred closed on Aug. 14 after two-plus years in service.

Meanwhile, in an op-ed for Streetsblog last week, local City Councilmember Carlina Rivera called for a more creative and bold outdoor dining program, and for another Council hearing on the matter. 

An excerpt:

In order to get our bearings in our post-pandemic "new normal," a thoughtful reset of this program is necessary, with the allocation of the appropriate resources to protect safety and enforce rules. The City Council should hold a fair hearing to give the public the opportunity to weigh in on the future of the program, in a way that maximizes its potential for businesses and protects the quality of life of residents. 

The makeshift dining enclosures we see that are worn down and immovable are not reflective of the path forward. The lack of enforcement of the temporary program has led to excessive garbage and pests, narrowed sidewalks, and noise late into the night. These impacts on neighborhoods are undeniable, and can be addressed with meaningful reforms, strict enforcement, and straightforward guidelines that support small businesses without disrupting our communities.

Streetsblog noted that a second public hearing likely isn't happening. 

City removes curbside dining structure at Amor Y Amargo on 6th and A

The EVG inbox is lighting up with news from Sixth Street and Avenue A... where as around noon, DOT workers are demolishing the curbside dining structure at Amor Y Amargo...

For this, the city has shut down Avenue A to through traffic from Fifth Street to Seventh Street.

The space looked to be one of the nicer curbside structures around... though it hadn't been in service in recent months.

In August, the city started removing dining sheds from outside closed establishments ... or restaurant and bars that were no longer using the street spaces. (To be clear, Amor Y Amargo remains open.) 

The city said this about curbside structures that are still in use:

The task force will also review sheds that, while potentially active, are particularly egregious violators of Open Restaurants program guidelines. In these cases, sheds will be inspected three separate times before action is taken. After each of the first two failed inspections, DOT will issue notices instructing the restaurant owner to correct the outstanding issues; after the third visit, DOT will issue a termination letter and allow 48 hours before issuing a removal notice. DOT will then remove the structure and store it for 90 days — if the owner does not reclaim it in that period, DOT will dispose of the structure.

City officials are currently finalizing legislation for the open restaurants program. 

The city removes the curbside structure from outside Pinky's Space on 1st Street

Yesterday morning, members from the DOT and Department of Sanitation — under watch of the NYPD — shut down First Street at First Avenue to remove the outdoor structure at Pinky's Space, a restaurant-art space at 70 E. First St. (The first two photos are from Luke Mathews)...

... the decor of the outdoor space continued to evolve through the months... an assemblage of paintings, furniture, plants ... not to mention a chandelier and disco ball.

In an Instagram post after the removal, Pinky's wrote: "D.O.T. decided to try and destroy our business today with no warning. #just not right!!!" 

It's not immediately known why the city removed this structure, which was still in use.

Per the Post last night:

The city had inspected the 30-foot shed on East First Street and First Avenue earlier this month — but said nothing about plans to tear it down...

They only told her to get rid of a vending machine that “wasn’t food-related” and to pick up a trash can encroached 6 feet into the amenity zone between the shed and the sidewalk, [co-owner Mimi] Blitz said.

EVG reader Lori E. Seid shared these photos of the removal...

... soon after, cars were parked where the structure stood...

In August, the city started removing dining sheds from outside closed establishments. 

The city said this about curbside structures that are still in use:

The task force will also review sheds that, while potentially active, are particularly egregious violators of Open Restaurants program guidelines. In these cases, sheds will be inspected three separate times before action is taken. After each of the first two failed inspections, DOT will issue notices instructing the restaurant owner to correct the outstanding issues; after the third visit, DOT will issue a termination letter and allow 48 hours before issuing a removal notice. DOT will then remove the structure and store it for 90 days — if the owner does not reclaim it in that period, DOT will dispose of the structure.

If the city did remove this for violations, then it didn't follow its stated policy of removing and storing... as the contents and the structure were tossed into the back of a garbage truck and crushed. 

Looking at the past, present and future of curbside dining

ICYMI... this week's New York magazine cover story addresses a popular topic around here: curbside dining... specifically curbside dining structures. 

An overview via the magazine's press folks: 

In New York's latest issue, features writer Simon van Zuylen-Wood examines one of New York City’s remaining vestiges of COVID-19: the outdoor dining shed. From shabby wooden structures to fabulous cabins with white tablecloths, their mass constructions “probably represent the speediest reshaping of the built environment in the city’s history,” van Zuylen-Wood writes. The streeteries were initially part of a program started by former mayor Bill de Blasio as a solution to help sustain restaurants during the height of the pandemic and meant to be temporary. 

However, in year three of the pandemic, the city is looking to make these structures permanent, even as we still grapple with how they’ve transformed the streetscape. Van Zuylen-Wood looks ahead to the future of streeteries while the seething ideological fight between shed-haters and lovers unfolds. 

You can read the piece here. 

Meanwhile, in recent weeks, several East Village restaurants removed their outdoor dining structures, including Sabor A Mexico Taqueria on First Avenue and Bowery Meat Company on First Street. (BMC's structure was still in use and looked like one of the nicer ones around. And somehow graffiti-free.) The abandoned structure outside Momofuku on First Avenue is also no more.

The DOT has also placed notices at several now-closed restaurants, including Nomad on Second Avenue...

... and Kindred at Sixth Street at First Avenue...

The Kindred notice, dated Oct. 15, states the restaurant had 24 hours to remove the roadway setup. It was still up as of last evening, Oct. 25. 

In other outdoor dining news, the DOT released a report yesterday analyzing the impact of the Open Streets program. The report includes claims that restaurants and bars along these thoroughfares did better than those on regular commercial streets, and some even did better than they were doing before the pandemic. The Times has the story here.

City removes the outdoor dining structure from Pardon My French on Avenue B

This morning, workers from the Department of Sanitation and Department of Transportation swooped in on Pardon My French, and removed the restaurant's curbside dining structure on Avenue B between Sixth Street and Seventh Street. (The block was shut down to through traffic during this time.) 

An EVG reader shared these photos...

A resident who lives nearby told us that the structure had been used for storing chairs and tables for the sidewalk cafe. And we don't know if the city had fined the restaurant for the space or asked them to remove it.

The city recently began cracking down on abandoned curbside-dining structures through the Open Restaurants program. 

Per the city: 

Having removed the initial 24 abandoned sheds, the task force has begun identifying and removing additional sheds, investigating another 37 sheds identified as egregious violators of Open Restaurants program guidelines, and reviewing complaints and summons data to identify and remove other abandoned sheds throughout the five boroughs. Sheds reported to be abandoned will be verified as abandoned two separate times before receiving a termination letter, followed by removal and disposal of the shed. 

The task force will also review sheds that, while potentially active, are particularly egregious violators of Open Restaurants program guidelines. In these cases, sheds will be inspected three separate times before action is taken. 

After each of the first two failed inspections, DOT will issue notices instructing the restaurant owner to correct the outstanding issues; after the third visit, DOT will issue a termination letter and allow 48 hours before issuing a removal notice. DOT will then remove the structure and store it for 90 days — if the owner does not reclaim it in that period, DOT will dispose of the structure.

Recent East Village removals include Poco,  Dia, the Ainsworth and Baker's Pizza. Of those four, only Poco remains in business. 

Thank you to Concerned Citizen and Salim as well!