The curbside dining structure is coming down at Il Posto Accanto

Photos and reporting by Stacie Joy 

The curbside dining drama is coming to an end at Il Posto Accanto. 

The owners of the decades-old restaurant at 190 E. Second St. started removing the roadside structure yesterday. The remaining wood flooring will be recycled today or tomorrow.

As reported last week, husband-and-wife owners Julio Pena and Beatrice Tosti di Valminuta had resisted removing the setup by the city's mandated date of Nov. 29. Diners were still using the heated event tent with side walls and a weatherproof vinyl top. Pena told us that losing the 20-plus-seat space would impact their business, forcing them to lay off staffers during the holidays. 

"We do not want to cut the hours of our staff or lay off staff. Give us until after the holidays," Pena told us last week. 

The DOT, which oversees the city's new permanent Dining Out NYC program, served Il Posto Accanto with a 30-day notice to remove the streetery over the weekend. 

However, ownership chose to go ahead and remove the outdoor dining spot here between Avenue A and Avenue B.

"We will not change who we are, how we interact with the neighborhood we love," Pena said. "We heard the community, we respect the community, and it's coming down. That's it."

Under the city's new guidelines, year-round roadway dining structures will no longer be permitted. The revised regulations stipulate that roadway cafes must now be open-air, easily portable, and simple to assemble and dismantle. Additionally, these establishments are restricted to operating only from April through November. Sidewalk cafes are permitted year-round.

Why this East Village restaurant is refusing to remove its curbside dining structure

Photos and reporting by Stacie Joy 

Updated 12/10: The restaurant is removing its curbside dining space.

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Despite the city mandate to remove all curbside dining structures by this past Friday as part of the permanent Dining Out NYC program, the owners of Il Posto Accanto are standing defiant and keeping their structures intact at 190 E. Second St. 

"We're doing civil disobedience," said Julio Pena, who has owned the well-liked restaurant with his wife Beatrice Tosti di Valminuta since the 1990s between Avenue A and Avenue B.

Pena said that not having the outdoor dining space — a heated event tent with side walls and a weatherproof vinyl top — would impact their business, forcing them to lay off staffers.

"There are places like ours that use the outdoors year-round, that are heated and comfortable," he said of his space that can accommodate 20-plus diners. "We do not want to cut the hours of our staff or lay off staff. Give us until after the holidays." 

He continued, "Why do I want to do this to my staff? We're still using it even in the cold weather. People were eating here [Tuesday] night — even in the cold. Sometimes, we even have to turn the heaters down."

Pena says neighbors have called 311 to report him. On Tuesday, the police stopped by the restaurant based on one of the complaints. He said he understands that the DOT, which oversees the outdoor dining program, will visit next, but they need to give a 30-day notice before removing the structure. And that he may face a fine — of $500 on the first offense and $1,000 for each violation until the structures are removed. 

Pena quickly noted that he has had no problems with the NYPD or the DOT and that he respects them and knows they have a job to do. 

Still, Pena said that if the DOT comes to tear down his outdoor dining structure, he will "call a full-court press." 

"I will fight that fine. I plan to fight until the very end. If I have to go before a tribunal judge, I will," he said. "Not just for me but for our staff."

As previously noted, the significant change with the new guidelines is that enclosed, year-round roadway dining structures will no longer be permitted. The revised regulations stipulate that roadway cafes must now be open-air, easily portable, and simple to assemble and dismantle. 

Additionally, these establishments are restricted to operating only from April through November. Sidewalk cafes are permitted year-round.

1 more week for the pandemic-era curbside dining structures

Photos by Stacie Joy

You have one week to dine in one of the neighborhood's remaining pandemic-era dining structures. 

By the end of the day on Nov. 29, bars and restaurants must remove street dining structures to align with the city's permanent Dining Out NYC program. 

As previously noted, the significant change with the new guidelines is that enclosed, year-round roadway dining structures will no longer be permitted. The revised regulations stipulate that roadway cafes must now be open-air, easily portable, and simple to assemble and dismantle. 

Additionally, these establishments are restricted to operating only from April through November. (Sidewalk cafes are permitted year-round.) 

Ahead of next Friday, curbside dining structures continue to come down around the neighborhood (and other parts of NYC). For instance, on Wednesday, workers demolished the large streetery outside Eastpoint on Avenue B between Second Street and Third Street.

With the takedown deadline looming, a cottage industry has popped up...

Here's some background via a Nov. 4 article at Streetsblog about the timing of removing the structures: 

Businesses enrolled in the program had to either conform their set-ups to city's new designs to get the extension to Nov. 29 or take down their old-set-ups on Nov. 1. Many opted to simply give up their street seating sooner rather than set up new streeteries for just a few weeks. 

The city required restaurants to either apply for the permanent program or take down their sheds by early August, which caused the first wave of restaurant demolitions. Those that did sign up for the new program had to bring their roadway set-ups in line with the new design guidelines by Nov. 1; all street seats must come down by Nov. 30, even if they've been updated. 

DOT officials have said there were around 3,0000 roadway and sidewalk café applications as of late September. That's in contrast to the 13,000 participating in the temporary program in 2020.

Wednesday's parting shot

Photo by William Klayer 

Today, Whitmans on Ninth Street between Avenue A and First Avenue removed its curbside dining structure.

And before workers had removed everything from the roadway, cars lined up to wait for the newly available spaces (since the pandemic's start)...

The end and beginning of curbside dining

Photo outside Ruffian on 7th Street on Thursday by Derek Berg 

The deadline for restaurants to apply for the city's new outdoor dining program passed Saturday at midnight. 

If you didn't apply for Dining Out NYC, your curbside dining structure needed to come down, per the Department of Transportation (DOT), which oversees the program.

⚠️Attention Restaurant Owners with Outdoor Dining⚠️

Today is the last day to apply for Dining Out NYC or you must remove your outdoor dining setup.

Applications must be submitted before midnight.

Learn more and apply at https://t.co/7vrQgVYexi pic.twitter.com/8NnpHo3DnY

— NYC DOT (@NYC_DOT) August 3, 2024

In the past week or so, we have seen at least a dozen restaurants remove their pandemic-era curbside structures, including Gnocco on 10th Street just west of Avenue B, which in June 2020 was one of the more attractive-looking spots with its plants and umbrellas.

Many structures remain, as you've noticed. Perhaps these establishments applied for Dining Out. According to the DOT, they received fewer than 3,000 applications as of Saturday afternoon, per Gothamist. 

That's in contrast to the 13,000 participating in the temporary program in 2020. We spoke with an employee of one such place that didn't apply and still had its structure up outside. The employee didn't seem too concerned that a stretched-thin DOT would be out in force the first few days after the deadline passed.

Well, you have to figure the city is seeing $$$. Back to Gothamist: "Establishments that fail to do so would face a $500 fine for the first offense and $1,000 for each subsequent offense until the outdoor setup is removed." 

As previously noted, the significant change with the new guidelines is that enclosed, year-round roadway dining structures will no longer be permitted. The revised regulations stipulate that roadway cafes must now be open-air, easily portable, and simple to assemble and dismantle. 

Additionally, these establishments are restricted to operating only from April through November. Lastly, Nov. 29 marks the conclusion of the roadway dining season under the permanent program, and all roadway setups must be removed until the spring. (Sidewalk cafes are permitted year-round.)

The application review process for roadway dining can take up to five months and for sidewalk dining, up to six months, CBS 2 reported. And, "Within 30 days of approval or by November, they need to submit a plan to meet the DOT's new outdoor dining guidelines."

Meanwhile, we'll be curious to hear the reaction to the new structures. 

Shiso Omakase could serve as a litmus test on Ninth Street between Second and Third Avenue. 

A new curbside space went up earlier this summer outside the under-renovation building (and adjacent to a portable toilet for the construction workers). This is how it looked before completion.

Notices — since removed — were posted on the structure stating that the setup had been approved by the DOT and was "not illegal as the building (214 E. 9th St.) falsely claimed." 

Then! 

The dining platform should not and can not be tampered with. By doing so, you will be bringing forth a lawsuit against you and any members involved, including the building." 

The letter says the structure is valued at $17,500. 

And to repeat later: 

Under no circumstances may the dining structure be damaged, removed or tampered with in any way, shape or form or you will be charged with a felony offense by the NYPD as well as bringing forth legal charges against you, your company, and the building.

Community Board 3's SLA committee has two items on its August agenda related to outdoor dining — a sidewalk cafe for Bowery Meat Company on First Street (which, if memory serves, had one before the pandemic) and curbside dining for Motel No Tell on Avenue A at 13th Street. Those items will not be heard during the meeting, however. 

Happy trails to the 2-story dining structure that almost was on 4th Street

Yesterday, we bid farewell to the curbside dining structure outside Izakaya on Fourth Street between Avenue A and Avenue B. (Thanks to Sal Barone for the photo!) 

There were reports that someone had turned the space into a makeshift shelter complete with mattresses, etc., so ownership had it removed. 

Updated Friday morning look via Stacie Joy...

In a city full of curbside dining structures, this one was notable for making the cover of the Post and getting Steve Cuozzo in a lather in August 2021 when workers started to add a second level — complete with artificial turf. (Photo below by Stacie Joy from August 2021)

The addition was scrubbed after neighbor complaints — two-story structures are not allowed — led an inspector from the Department of Transportation to the site, who nixed the double-decker. 

Izakaya's owner told Curbed this: "I was basically looking for the best we could do under the restrictions by being more creative and ambitious."

Meanwhile, we've seen more of the pandemic-era curbside dining structures torn down in recent weeks... as we've entered a new era with "Dining Out NYC." 

As previously noted, the significant change with the new guidelines is that enclosed, year-round roadway dining structures will no longer be permitted. The revised regulations stipulate that roadway cafes must now be open-air, easily portable, and simple to assemble and dismantle. Additionally, these establishments are restricted to operating only from April through November. 

Per the new guidelines, if restaurants participating in the temporary program do not reapply for the permanent outdoor dining program, they will have to take down their streeteries by Aug. 3. And: "Outdoor dining setups will need to comply with the Dining Out NYC design requirements within 30 days of the approval of your application." 

Lastly, Nov. 29 marks the conclusion of the roadway dining season under the permanent program, and all roadway setups must be removed until the spring. 

Previously on EV Grieve: 

• The 2-story dining structure that almost was on 4th Street

A steamy situation on 10th and B

The FDNY has paid two visits to 10th Street and Avenue B this morning. 

The firefighters arrived around 7:15 after a report of a possible fire in the curbside dining structure at Soda Club. However, we're told there wasn't actually any fire. 

An EVG reader who shared these photos reported that the FDNY returned around 8:50 as residents spotted steam coming up from below the structure. The firefighters (and likely some Con Ed folks are on the way) are now focusing on a wider swath of Avenue B and 10th Street.

IHOP lops off its sidewalk dining shed

IHOP's blue plywood sidewalk shed is dead. Long live IHOP's blue plywood sidewalk shed! 

Pinch notes that the pancakery removed its pandemic-era sidewalk setup on 14th Street between Second Avenue and Third Avenue this past week.

The outdoor space evolved over time, starting with plastic sheets before the plywood-painted IHOP blue arrived ... looking festive during the December 2023 holidays below...

As previously reported, restaurants can now apply to participate in NYC's new outdoor dining program.

Key dates, per the city: 

• Aug. 3: Deadline for food service establishments with existing temporary outdoor dining setups to apply to continue operating until NYC DOT approves the application. 

• Nov. 1: A temporary program outdoor dining setup that applied before Aug. 3 must comply with the new Dining Out NYC design requirements by the earlier of (i) 30 days after NYC DOT approves the Dining Out NYC application or (ii) Nov. 1. 

We're still hearing from people who are confused by all this and wondering when the existing structures will need to come down. 

Under the new DOT-enforced regulations, enclosed, year-round roadway dining structures are no longer permitted. The revised regulations stipulate that roadway cafes must now be open-air, easily portable, and simple to assemble and dismantle. Additionally, these establishments are restricted to operating only from April through November.

A curbside structure demolition party at Lucky on Avenue B

Photos by Stacie Joy 

On Wednesday evening, Abby Ehmann invited patrons of her bar Lucky on Avenue B to help dismantle the no longer-compliant curbside gazebo between 10th Street and 11th Street. 

Ehmann, who paid for the demoliton and its removal herself, also let people take home pieces and parts of the formerly adorable gazebo from the pandemic era. (Update: In the comments, Abby noted that Billy took the remains of the infrastructure home for use in his garden in New Jersey.)

Arming bar patrons with crowbars and sawzalls... what could go wrong? 

Actually, nothing (and there were a few actual carpenter types on hand)...

and later...

Ehmann was also celebrating a birthday on this demolition day...

Noted

Over the weekend, workers removed the curbside dining structures that lined Brooklyn Dumpling Shop's St. Mark's Place and First Avenue sides. (H/T MP!)

Several EVG readers had complained about this lengthy setup, seemingly only used as a rest stop for delivery workers.

March 5 marked the first day that food service establishments could start applying online to join the Dining Out NYC program. (Apply here.)

City officials released the new guidelines, "Dining Out NYC," early last month. As previously noted, the significant change is that enclosed, year-round roadway dining structures will no longer be permitted. The revised regulations stipulate that roadway cafes must now be open-air, easily portable, and simple to assemble and dismantle. Additionally, these establishments are restricted to operating only from April through November. 

According to city officials, if restaurants plan to offer diners open-air options, owners must remove and replace their old outdoor dining setups by Aug. 24.

Revel vehicle wipes out Frank's curbside dining structure after hours on 2nd Avenue

A Revel car demolished the curbside dining structure outside Frank on Second Avenue near Fifth Street during a collision that occurred late last night/early this morning. 

The restaurant was not open at the time, and the structure was empty. There weren't any reports of injuries. (Thanks to Stuart Zamsky for the first two photos.)

Police at the scene this morning did not have any further information about the collision and what led to it.

Derek Berg took this photo around 7:45... when the NYPD towed away the Revel, presumably an electric vehicle from the ride-hailing service...

Updated: A Revel spokesperson confirmed the details in this post, but declined to provide any further comment. 

Updated noon:

Photo by Steven...

City unveils the final rules for the permanent outdoor dining program

Workers remove the curbside dining structure from Phebe's on Jan. 27 

The final rules for the city's permanent outdoor dining program, set to launch next month, are now in the books. 

On Friday, city officials released the new guidelines, titled "Dining Out NYC." The significant change: Enclosed, year-round roadway dining structures will no longer be permitted. The revised regulations stipulate that roadway cafes must now be open-air, easily portable, and simple to assemble and dismantle. Additionally, these establishments are restricted to operating only from April through November. 

According to city officials, if restaurants plan to offer diners open-air options, owners will have to remove their old outdoor dining setups and replace them by the summer. 

Per the city's release announcing "Dining Out NYC" ...

Final program rules include clear design requirements, siting criteria on where outdoor dining setups can be located in relation to other street features, like subway entrances, fire hydrants, and more, and the types of materials that can be used in outdoor setups. They also require that the setups preserve clear sidewalk paths and emergency roadway lanes — including water-filled, rat-resistant protective barriers for roadway setups —– and use easily moveable furniture and coverings. Ultimately, the final rules will create a lighter-weight outdoor dining experience with lines of sight, as compared to the fully enclosed shacks of the temporary COVID-19-era program. 

"This administration has found a way to continue outdoor dining in New York City while prioritizing cleanliness,' said New York City Department of Sanitation Commissioner Jessica Tisch. "Under these rules, New Yorkers will be asking for a table, and the rats will be saying, 'Check, please!'"

 This link has guidelines for roadway and sidewalk dining.

Meanwhile, Kazuka at 107 Avenue A has brought the booths outside for some open-air hookah action here near Seventh Street... 

ll

Friday's parting shot

Fourth Street Goth Club...

Report: City Council set to vote on a permanent outdoor dining program

Updated 4:15 p.m.

Council reportedly passed the legislation ... and it is now awaiting the signature of Mayor Adams to become official. District 1 City Councilmember Christopher Marte voted no, as the Commercial Observer reported, "on the basis that it would allow bad actors to continue with outdoor dining for years at a time." 

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City Council is expected to vote today to make outdoor dining a permanent part of the NYC street landscape. 

Per Gothamist: 

The bill, sponsored by Council Member Marjorie Velázquez with vocal support from Mayor Eric Adams, has gone through multiple revisions since it was first introduced in February of last year, as the Adams administration and Council members have spent more than a year in negotiations for a permanent setup. 

In the latest version, roadway cafes will be allowed from April until the end of November. Sidewalk seating will be authorized for restaurants year-round with the proper permitting, which covers a four-year period. Curb-based roadway seating will require a separate permit spanning the same length of time, with each permit costing $1,050, according to the bill text.

As City & State previously noted, "The establishment of a permanent outdoor dining program has been held up in part by lawsuits, but also by disagreements between City Hall and the Council on what the program should look like."

The most recent lawsuit to end the pandemic-era Open Restaurants program was filed last month. As Streetsblog reported:

The suit, filed in Manhattan Supreme Court, makes many of the plaintiffs' previous arguments about the open restaurant program taking away parking, causing noise and congestion, and allegedly inviting rats to move in (though this has been debunked).

But central to the latest effort to undermine the restaurant industry is the claim that the city itself has deconstructed its own pandemic edicts and, as a result, should do the same with the restaurant program.

Meanwhile, if passed, there's still a lengthy approval process for a restaurant to receive streetside dining status. Take it away, Streetsblog:

Business owners will have to send their petitions for outdoor dining to DOT, the Council, the borough president, and the local community board, the latter of which will have 40 days to give recommendations on whether to approve the applications. 

If the business is in a historic district or adjacent to a landmark, it will also need to get approval from the Landmarks Preservation Commission. 

The Council can review petitions and hold a vote on whether to approve them.

And one question we've heard people ask: If City Council passes this legislation, what does that mean for the outdoor structures that restaurants and cafes set up during the temporary program? According to various published reports, those streeteries that don't comply with the new rules must come down by Nov. 1, 2024.  

Workers remove the curbside dining structure from outside St. Dymphna's

From the EVG tipline late this afternoon... workers were spotted removing the curbside dining structure outside St. Dymphna's at 117 Avenue A between Seventh Street and St. Mark's Place. 

According to the tipster who lives nearby, the bar removed the streetery themselves. 

Meanwhile, a permanent outdoor dining program for NYC is still in limbo. 

As Gothamist reported earlier today: 

Halfway into summer, the City Council is facing pressure once again to pass a bill that would make outdoor dining permanent in New York City, as the latest emergency order that allows restaurants to operate the sidewalk spaces is set to expire next week. 

 Meanwhile... 

But the program’s detractors, in a series of lawsuits, say it invites noise and congestion, and poses unneeded obstacles to New Yorkers with disabilities.

City removes the curbside dining space outside Theatre 80 on St. Mark's Place

This morning, city workers began removing the curbside dining structure from outside the former Theatre 80/William Barnacle Tavern on St. Mark's Place just west of First Avenue. (Thanks to the reader for these photos.) 

On April 7, the Department of Transportation issued a "Termination" notice for the curbside space — just two days after a court-appointed bankruptcy trustee locked the longtime owners out of the premises. 

Several readers-residents previously noted that it seemed cruel to issue the notice so soon 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.

The owners of Foxface, current residents and former commercial tenants of the building housing Theatre 80, were reportedly the high bidders for 78-80 St. Mark's Place during its bankruptcy auction on May 9.

Their new venture, Foxface Natural, debuted in May at 189 Avenue A between 11th Street and 12th Street.

Updated: 

Thanks to Steven for this photo...

At 188 Allen St., a curbside dining demolition like no other

Photos by Steven 

Early yesterday morning (6:40!), city crews from the DOT and DSNY joined forces to remove the curbside structure outside 188 Allen St. between Houston and Stanton.

Earlier this month, the DOT issued a termination notice for the space outside the now-closed Cheese Grille. A group of artists and some art fans had hoped the structure could continue on as 188 Allen Street Gallery, an art space that has showcased a variety of artists since last summer (see here and here). It was an outgrowth of the pandemic-era space that Cheese Grille used.

NYC street artist SacSix, who has curated shows here as well as created murals on the storefront, appealed to the DOT in a recent Instagram post, inviting city officials here "to see how small business entrepreneurs can create incredible communities in unique spaces." 

However, the DOT showed its appreciation of the space with chainsaws and crowbars...  

A few pieces were salvaged by artists, some of whom spent the night here ahead of the demolition... 

The removal was accompanied by pianist Kristopher Hull, who performed "A requiem for 188 Allen Chopin nocturne in c-sharp minor"... 

... and later... the return of three parking spots...