[Updated] City is removing abandoned curbside dining structure on Avenue A and 6th Street

City crews are on the NE corner of Avenue A and Sixth Street this morning dismantling the abandoned dining shed outside the now-closed August Laura. (Thanks Goggla for the pic!) 

As of this writing, they have yet to remove the restaurant's longer structure on Sixth Street.

As previously reported several readers-residents have complained about the structure on the Sixth Street side. The bar-restaurant August Laura closed in the corner space here in early December. Neighbors say the space has become "a 24-hour shooting gallery."

Complaints to the city on these two structures date to Dec. 23.

To be continued...

Updated 9:46 a..m. 

Sixth Street side is coming down... pics via Goggla....

Updated 2 p.m. 

And later... thanks to Steven for the photo on the Sixth Street side...

Abandoned curbside dining structures attracting more attention on the NE corner of 6th and A

The abandoned curbside dining structures on the NE corner of Sixth Street at Avenue A continue to attract attention... both from residents who want to see them removed and from people looking for a space to shelter...

Several handmade signs noting "Waiting on DOT for removal" now adorn the exterior walls ...

As previously mentioned, several readers-residents have complained about the lengthy structure on the Sixth Street side. The bar-restaurant August Laura closed in the corner space here in early December, and up to 10 people were said to move into the structure the night workers cleared out the restaurant. Another reader said that it has become "a 24-hour shooting gallery."

In late December, reps for the Department of Homeless Services posted notices for a cleanup on the Sixth Street structure. According to a resident who lives nearby, that action saw the removal of some mattresses and several abandoned household items.

In October, then-Mayor de Blasio ordered the Department of Transportation to remove unused dining sheds erected as part of the Open Restaurants program. City workers have reportedly taken down dozens to date.

We're told that residents have contacted 311, the DOT and local City Councilmember Carlina Rivera's office about these structures.

While the retail space is for lease, 94-96 Avenue A is also set for auction on Jan. 31 with an opening bid of $4.8 million. Penn South Capital paid $9.6 million for the property in March 2019. The building's new owners added a one-floor extension here in 2020.

City posts notice of a clean up in the abandoned curbside dining structure on 6th Street

Reps for the Department of Homeless Services have posted notices on that abandoned curbside dining structure on the NE corner of Sixth Street at Avenue A.

Per the notices, city crews will clean up this space beginning today...

As previously mentioned, several readers-residents have complained about the lengthy structure on the Sixth Street side. The bar-restaurant August Laura closed in the corner space here in early December. Up to 10 people were said to move into the structure the night workers cleared out the restaurant. Another reader said that it has become "a 24-hour shooting gallery."

August Laura's small structure on Avenue A has been boarded up to prevent people from entering...

While the retail space is for lease, 94-96 Avenue A is also set for auction on Jan. 31 with an opening bid of $4.8 million. Penn South Capital paid $9.6 million for the property in March 2019. The building's new owners added a one-floor extension here in 2020.

Given that the building is for sale, it's likely that there won't be a retail tenant in the space for some time. 

In October, Mayor de Blasio ordered the Department of Transportation to remove unused dining structures erected as part of the Open Restaurants program. City workers have reportedly taken down dozens to date, including the curbside dining structure outside the shuttered Auriga Cafe at 198 Avenue A at the time.

The Department of Transportation (DOT) is working to make the Open Restaurants program permanent. Gothamist has a recap of some of the issues here. A previously undisclosed survey shows support for the program, per Streetsblog. 

The Department of City Planning and DOT launched a public survey to improve the designs and rules regarding permanent outdoor dining setups. You have until the end of the year to share your thoughts on the program with the city. Find the survey at this link.

Updated 6 p.m. 

It appears that city did clean out the Sixth Street structure ... photo this evening by Steven...

Previously on EVG:

• Reports from CB3's public review of the Open Restaurants program

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

Back on Thursday, EVG contributor Stacie Joy shared these photos from Fourth Street between Avenue A and Avenue B... where workers were starting to add a second level — complete with artificial turf — to the dining structure outside Izakaya NYC...

Work continued on Friday morning ...

Though by the end of the day, the job's mission changed to a removal 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.

Here's a look at the de-constructed second level and streeteatery yesterday...

Curbed, who first reported on this Friday, received a statement from Izakaya NYC owner Yudai Kanayama:

Kanayama said he wanted to add extra outdoor space as COVID cases are rising once again, but reiterated that he was taking down the upper level. "I thought the only potential to create more seating was this," he said. The plan had been to lay fake turf upstairs and make the area more like a park or lawn than a restaurant with tables and chairs. "I was basically looking for the best we could do under the restrictions by being more creative and ambitious."

The DOT said that an inspector will return this week to confirm that Izakaya NYC removed the in-progress second deck. 

The ill-fated duplex also made the cover of the Post on Saturday, in which Steve Cuozzo excoriated al fresco dining structures. 

Reports from CB3's public review of the Open Restaurants program

Photos by Stacie Joy

On Tuesday night, officials from the Department of City Planning and Department of Transportation were on hand at a joint committee meeting of Community Board 3 as part of a public review process to make permanent the Open Restaurants program. (You can find a copy of the presentation at this link.)

More than an estimated 90 people packed into a room at the Boys Club of New York on 10th Street and Avenue A... while more waited outside... (the meeting was also streaming live)... 

EVG contributor Stacie Joy was in attendance. She noted that the meeting started at 6:30 with an agenda item — something to do with the M14A/M14D — that didn't draw much interest from those gathered. 

And then came the main event, which lasted nearly two hours. (CB3 needed to be out of the room by 9 p.m.)

Here's a quick take from Stacie:

It was HIGHLY CONTENTIOUS. It was supposed to be an 85-person cap but the place was packed and there was still a line outside. The DOT presentation drew a lot of negative attention from the crowd, who were frustrated with their inability to speak. 

The DOT speech was interrupted constantly with claims of a filibuster and frustration that the community wasn't given time to speak. When they finally were given time, each person was given one-minute. Everyone was yelling and it was a mess.

Several media outlets covered the event. Here's a selection (update — added the Curbed entry at 1 p.m.): 

• Gothamist

"This Isn't Paris!" East Village Community Board Gets Heated Over Outdoor Dining

"This whole program is going to turn our area into an open-air alcohol zone," echoed David Crane, a longtime CB3 member. One resident said he'd been forced to listen to "'Happy Birthday' sung outside my window 20 times a day," as others shouted that "this isn't Paris!" 

While local business owners were largely absent from the meeting, they too expressed anger with the DOT's handling of the program. Moshe Schulman, a managing partner of Kindred on 6th Street, said the agency had conducted a "sweep" just prior to the meeting, handing out citations for offenses such as being too close to a tree and blocking a "no parking" sign. 

He was given just 24 hours to address the violations, which he described as "ridiculous and inaccurate." "People think we’re done with COVID and everything is all great," Shulman told Gothamist. “We’re just starting to get on our feet and try to normalize service.”

• Streetsblog

 First Salvos Fired as de Blasio’s ‘Permanent’ Dining Sheds Begin the Community Board Process

There was plenty of talk of compromise and coexistence from the crowd of 90, but many attendees went nuclear, demanding no outdoor dining at all, denouncing struggling restaurants and bars as greedy land-grabbers, and, in one case, waving signs inspired by George Orwell's classic Dystopian novel: "1984: War is Peace. 2021: Residential is commercial." 

One opponent was overheard outside the meeting comparing their struggle to that of Martin Luther King Jr. One speaker declared — to a room where more than half the people were still wearing masks — that the pandemic was over, and therefore outdoor dining should be, too.

• The Village Sun

East Siders are 'mad as hell' at meeting on Open Restaurants

Residents bemoaned the transformation of their community into what might be dubbed "Bourbon Street with yurts." 

"I love my neighborhood!" one man started yelling emotionally over and over, also mentioning his "mental health," as others applauded supportively. 

One woman, in an apparent reference to the Black Death of the 14th century, a bubonic plague spread by fleas piggybacking on rats, warned that the outdoor huts could breed a repeat. "These sheds are rat traps!" she declared. "We are feeding rats. We just went through a pandemic — we are inviting the next pandemic with these sheds."

• Curbed

'Outdoor Dining Is Home Invasion' and Other Exaggerations From Manhattan Community Board 3

A young guy in his 30s named Sam Zimmerman stands up and speaks in support of the program — just the second person to do so thus far. He says the meeting's attendees are not representative of what the neighborhood actually thinks about streeteries, and that most people support the program. "People who are against it are people who come out to these things," he says, and is promptly booed. "There's 165,000 people in this district," he continues. "How many of them are here? People don't want to get screamed at by their neighbors." Everyone mumbles loudly, and someone yells "Where are you from?" and he responds: "From here!"

You can watch the meeting for yourself right here... it begins at the 16-minute mark...

 

The Open Restaurants text amendment entered a public review on June 21. This proposal is the first of a series of changes to create the permanent Open Restaurants program launched in June 2020 to help the pandemic-stricken restaurant industry. Per the city:

In addition to the zoning amendment, the City will move administration of the sidewalk café program from the Department of Consumer Affairs and Workforce Protection to DOT, streamline the application process and create rules for a permanent roadway dining program. Altogether, restaurants will have a single agency to go to apply for outdoor dining, with a clear set of design guidelines on what is allowed.

And:

The proposed zoning text amendment would affect every community district within the City. The proposed action would remove the definitions of sidewalk cafes from the Zoning Resolution and any mentions of them in special districts, as well as other clean-up text to fully remove any zoning prohibitions related to the operation of sidewalk cafes.

As part of the public review process, the CB3 Committees will produce a resolution, which the full board will vote on in September. Comments from residents may also be emailed to mn03@cb.nyc.gov. to be considered for the September vote.

Community Board 3 committees to discuss the longterm future of outdoor dining

--- 

 Updated 12:27 p.m. 

Per CB3: Depending on the attendance, seating may be limited due to social distancing. The meeting will also be live-streamed here. Comments may also be submitted to mn03@cb.nyc.gov. to be considered for the September vote.

--- 

City officials from the Department of City Planning and Department of Transportation are exploring an overhaul of zoning and permitting regulations to allow the Open Restaurants program to become permanent. 

As Crain's reported, the city had to suspend roughly 20 zoning rules when Mayor de Blasio announced the program in June 2020.

The Open Restaurants text amendment entered public review on June 21. This proposal is the first of a series of changes to create the permanent Open Restaurants program. Per the city:

In addition to the zoning amendment, the City will move administration of the sidewalk café program from the Department of Consumer Affairs and Workforce Protection to DOT, streamline the application process and create rules for a permanent roadway dining program. Altogether, restaurants will have a single agency to go to apply for outdoor dining, with a clear set of design guidelines on what is allowed.

And:

The proposed zoning text amendment would affect every community district within the City. The proposed action would remove the definitions of sidewalk cafes from the Zoning Resolution and any mentions of them in special districts, as well as other clean-up text to fully remove any zoning prohibitions related to the operation of sidewalk cafes.

Tonight, there's an in-person presentation, discussion and public testimony at a joint Community Board 3 Committee meeting. (See below for the meeting details.) As part of the public review process, the CB3 Committees will produce a resolution, which the full board will vote on in September.

Several community groups are encouraging participation. According to an email yesterday from the East Village Community Coalition (EVCC):

"This meeting is your opportunity to share your concerns about whether/how this program should continue, and how it might be improved, while the details are still being hashed out. If this privatization of public space is to become permanent, residents and business owners should have input."

The EVCC also calls attention to other issues that they see with the program.

This emergency program, while critical for struggling restaurants, has created untenable noise and sanitation issues for neighborhoods with high concentrations of eating and drinking establishments: 

• amplified music, smoking and crowds below residents' windows 

• bags of trash and discarded containers exacerbating rat problems 

• choked paths for pedestrians and emergency vehicles 

• fire safety concerns about the use and storage of propane heaters 

None of these issues are readily resolved through the usual channels, leaving very little recourse for residents or business owners. This has not changed, even as problems worsen with increasing traffic as the City reopens.

In addition, several neighbor groups — LES Dwellers, Orchard Street Block Association, the Chinatown Core and the East Fifth Street Block Association — are urging residents to voice any concerns about the Open Restaurants program...

In an email, the group members state:

In many areas, the eating and drinking sheds have become severely problematic. As such, we are adamantly opposed to Outdoor Dining Sheds becoming a permanent fixture in NYC. We appreciate that these sheds were a lifeline for the hospitality industry during the pandemic and allowed residents a safe place to social distance. 

Since COVID restrictions have been lifted, we think it is time for the emergency dining sheds to be retired, and the sidewalk cafe process is reinstated regarding alfresco dining. 

However, you feel about the Open Restaurants program, no public input or proper environmental impact study was commissioned. Instead, the city rammed the sheds through behind closed doors with little to no oversight, calling it an unbridled success with few issues to resolve.

Last week, Gov. Cuomo signed legislation extending the usage of municipal spaces for restaurants through the middle of next year. 

Tonight's in-person Committee meeting starts at 6:30 at the Boys Club of New York, 287 E. 10th St. at Avenue A. You can find a copy of the presentation at this link.

Think Coffee's brand-new curbside dining space catches fire on 4th Avenue

On Monday, Think Coffee debuted its new curbside dining space at 123 Fourth Ave. ... and early yesterday morning around 4, the structure was ablaze here between 12th Street and 13th Street, as these photos via EVG reader Jeanne Krier show...

No word on if the fire was accidental (errant cigarette, say) or intentional. We reached out to Think for more info.

Removing a curbside living space on 9th Street and Avenue C

An EVG reader shared the following photos... someone had moved into the curbside dining structure on Ninth Street at Avenue C outside the temporarly closed Esperanto... 

The man, and the various items that he has collected, had been in the Ninth Street space since this past Saturday. We're told that nearby residents had called 311 and other city agencies about the encampment... 

By this afternoon, some workers — unsure who sent them — arrived to remove the roof from the curbside space...

... and eventually the man's items had been moved to the sidewalk...

In recent weeks, several curbside spaces at currently closed bars-restaurants have temporarily been turned into encampments... including outside Lucy's on Avenue A...

Snowplow collides with the Iggy's curbside space on Ludlow Street

We noted a few of the curbside dining spaces that were damaged during Monday's blizzard (a small number all things considered). 

While Mother Nature may have wreaked some havoc... at least one city employee was responsible for plowing into the curbside space outside Iggy's Keltic Lounge on Ludlow between Stanton and Rivington.

According to an Iggy's employee, "our barrier is a foot closer to the sidewalk than everyone else around us. We have reflectors and a giant construction barrel on the side where the cars come down the street."

Still. 

"This guy got close, backed up, and got closer. What the hell?" 

The curbside space, which the tavern was still using (though not Monday evening) is still standing, though slightly askew. 

The carpenter who built the structure this past summer will assess the damage tomorrow...

A post-blizzard look at curbside dining structures

We spotted a few restaurant employees shoveling out their curbside dining structures today following the nearly 18 inches of snowfall in the past 36 hours...

This was the second major snow test for restaurants, forced to come up with alternate ways to serve patrons after the state shuttered indoor dining in March 2020. 

The city banned curbside dining last night during the winter storm. (Plus, many restaurants aren't open on Mondays.) Most of the streeteateries looked to have weathered the blizzard.

Several of the less-sturdy-looking structures were damaged, such as outside Sushi Dojo on First Avenue between Sixth Street and Seventh Street (h/t to our friends at the DeColores Community Yard!) ... this space was not in use right now, as the restaurant is just offering delivery and takeout...

Thai Hub's tent space, still in use at times, on Avenue A between Sixth Street and Seventh Street was also KO'd ...

And Ramen Setagaya on St. Mark's Place between Second Avenue and Third Avenue didn't have much of a space anymore... this is a photo of it from Saturday...

And now...

Indoor dining at 25 percent is set to return on Feb. 14. Back in September, Mayor de Blasio announced that the city’s outdoor dining program would be made permanent.

Updated 6 p.m.

The folks at the DeColores Community Yard also spotted damage to the curbside space at Ama Raw Bar on Avenue B near 12th Street...

And Eden points out the remains of the space at Jiang Diner on Fifth Street between First Avenue and Second Avenue...

Updated 2/3 

Not an outdoor structure... but EVG reader Joe points out that the awning of the currently closed Nowhere came down on 14th Street between First Avenue and Second Avenue...

Curbside dining space removed outside Lucy's on Avenue A

Earlier this week, we noted that someone had taken up residence in the unfinished curbside space outside Lucy's on Avenue A between St. Mark's Place and Ninth Street.

Yesterday, the Department of Homeless Services posted a notice stating that the city will clean up this space beginning today. Well, not only did someone clean up the structure, they also just removed the entire thing, as Steven noted...

Lucy's has been closed of late... but a lot of money did go into the unfinished structure for a business struggling to stay afloat these past 10.5 months. No word on who ordered it to be removed.

A message for Short Stories

Short Stories is currently on a winter hiatus here on the Bowery between Third Street and Fourth Street.

And perhaps no one is around to mind the store on a full-time basis... as such, a neighbor left a sign on the door asking the bar-restaurant to clean up its curbside dining space...

... seen worse, but...

This has been a common complaint among some residents when a bar or restaurant temporarily closes... who's taking care of the curbside space... and, in some cases, if the venue closes, who's responsible to take down the structure... ?

1st Avenue curbside dining structure is gone with the wind (again)

Today's high winds — reported at 40-plus mph at times during the gale warning — toppled this curbside dining setup on First Avenue between Fifth Street and Sixth Street (thanks to Jeremiah Moss for the photos!)

Turns out the structure belongs to Panna II, which was not open at the time. Owner Boshir Khan told Curbed that this was the third time (as Curbed noted — !) that his structure has toppled over.

Per Curbed:

[H]e hasn’t been able to install a sturdier structure because of the expense; this one, he says, cost him $2,000, and more substantial ones can cost more than ten times that figure. "If you want to do it permanently, it's a lot of money,” he says. Even though he's already looking into putting it back up, Khan says he's still unsure about how plausible outdoor dining will be once the weather turns from chilly to flat-out cold: "We have a heater and everything, and people [still] don't want to sit down." Over the past two weeks, Khan says, no diner has wanted to eat outside. 

NYC restaurateurs have until Dec. 15 to fully adapt their structures to the winter, per city guidelines.

An EVG reader also reported a damaged curbside structure outside Takahachi/Drom on Avenue A near Sixth Street...

Hi, who does this random curbside dining space belong to on the Bowery?

You've likely seen this red curbside dining structure over on the west side of the Bowery between Fourth Street and Great Jones... it's probably been there about a month... enough people (two!) have mentioned this now, so... who does it belong to?

There isn't any restaurant on that side of the Bowery now... Hecho en Dumbo was the last place in business at No 354, closing in June 2018... and Sage Kitchen next door has been closed for a few months. And there aren't any tables or chairs or anything helpful for dining out.

Anyway, it's there if you need some outdoor space...

ICYMI: City makes outdoor dining permanent

And in news you likely read about yesterday, Mayor de Blasio announced that the City's Open Restaurants program will be extended year-round and made permanent. The extension also applies to Open Streets: Restaurants, which provides restaurants expanded space on 85 car-free streets citywide on certain days.

Here are some particulars from the city's press release about how restaurants will able able to protect diners from the winter-time elements: 

Heating 

As cooler weather arrives, the City will allow restaurants to incorporate heating elements into their outdoor dining setups. Electrical heaters will be allowed on both sidewalk and roadway. Propane and natural gas heaters will be allowed on sidewalks only; they will remain prohibited in roadway seating. Propane will require a permit from FDNY and compliance with FDNY regulations for outdoor use, handling and secure outdoor tank storage overnight. Official guidance on what will be considered approved installation and use of heating elements will be released before the end of September, and restaurants are prohibited from installing heating elements until guidelines are released and followed.

Tents

Restaurants will also be permitted to use tent enclosures to keep diners warm. In partial tent enclosures, at least 50 percent of the tent’s side wall surface area must remain open and electrical heaters are allowed. In full tent enclosures, the tent’s side walls may be closed but occupancy limitations will be capped at 25 percent of capacity, and indoor dining guidelines must be followed; electrical heaters will also be allowed. Enclosed structures, such as plastic domes, will be allowed for individual parties and must have adequate ventilation to allow for air circulation.