By Tod Shapiro and the Flatiron Hot! News Editorial Staff
The City Council held a Zoom-based virtual hearing last Tuesday to solicit comments on the proposed changes to the regulatory scheme for outdoor seating on the sidewalks and the streets of NYC. The proposed rules changes would make the Open Streets program permanent. As all of us in Flatiron know, the City passed, as an emergency measure, the relaxation of review and rules on outdoor seating to help the restaurant and hospitality industries survive during the pandemic at a time when indoor dining was prohibited as a public health safety measure. The proliferation of outdoor structures allowed our favorite restaurants and bistros to survive, enabling those of us in Flatiron to enjoy al fresco dining in a difficult time, and gave life to our streets. Flatiron, with its large selection of restaurant and dining options, was helped greatly by these measures. However, with the easing of the pandemic, there are strong views on whether what is now an emergency measure should be made permanent, especially as issues of sound, sanitation, and street and sidewalk access come to the fore as things return to normal (see a recent NY Magazine article on this very topic).
Yours truly serves on Manhattan Community Board 5. I had a chance to comment and testify before the committee and thought Flatiron denizens might like to hear what I had to say. (You can find the complete text of our testimony on the Open Streets proposed revisions at this link .)
“My name is Tod Shapiro and I will be speaking on behalf of CB5’s Open Restaurants Task Force.
I strongly support … my Fellow Community Board members’ comments on Notice Periods – 45 days or even 60 days is required – give us the time to do our job. (Referring to the Community Boards’ ability to hold hearings on any proposed outdoor use upon reasonable notice to schedule hearings for review and solicit the input of the Community on the appropriateness of the use.) And the curbside setups must have the same kind of review as sidewalks.
CB5’s policy on sidewalk and curbside dining are guided by a well established standard – It’s all about weighing the benefits and interests of all the concerned parties in a fair and responsible manner. CB5 carefully considers standards of cleanliness, appropriateness, street and sidewalk safety and fairness among stakeholders for each locale it reviews.
The “one-size-fits all” nature of the proposed changes to sidewalk and curb-side dining regulation, unless handled properly, may well lead to problems applying effective review. Our colleagues in CB2 and CB4, which share a similar profile of outdoor dining, express similar concerns. We are skeptical that DOT can perform this role suitably. This is for Community Boards.
Our Committee has noted that with the proposed changes in the regulatory scheme the problems noted at this hearing will likely continue in our district. Open Streets, which worked well as an emergency measure, at the same time showcased noticeable problems. These include the major issues with regard to quality of life as commented on at this hearing.
By many measures, CB5 feels that Open Streets, which has allowed a temporary relaxation of measures for review and opened up streets and sidewalks to pandemic–stricken establishments, has been a success. However, if it is made permanent without returning to established standards of review it will be seen as an unfair concession to only one part of our community – the restaurant and food service sector.
We must make sure that the proposed program is seen as a a reform and improvement, not as a hasty giveaway to any one group. If this is not accomplished, it will breed conflict over the valuable streets and sidewalks among all the stakeholders in our great city.
A more detailed report from our Task Force will be submitted.
Thank you.”
NYC Theater News
New Permanent Open Streets Restaurant Plan Up for Review and Comment by City Council at Tuesday Hearing
By Tod Shapiro and the Flatiron Hot! News Editorial Staff
The City Council held a Zoom-based virtual hearing last Tuesday to solicit comments on the proposed changes to the regulatory scheme for outdoor seating on the sidewalks and the streets of NYC. The proposed rules changes would make the Open Streets program permanent. As all of us in Flatiron know, the City passed, as an emergency measure, the relaxation of review and rules on outdoor seating to help the restaurant and hospitality industries survive during the pandemic at a time when indoor dining was prohibited as a public health safety measure. The proliferation of outdoor structures allowed our favorite restaurants and bistros to survive, enabling those of us in Flatiron to enjoy al fresco dining in a difficult time, and gave life to our streets. Flatiron, with its large selection of restaurant and dining options, was helped greatly by these measures. However, with the easing of the pandemic, there are strong views on whether what is now an emergency measure should be made permanent, especially as issues of sound, sanitation, and street and sidewalk access come to the fore as things return to normal (see a recent NY Magazine article on this very topic).
Yours truly serves on Manhattan Community Board 5. I had a chance to comment and testify before the committee and thought Flatiron denizens might like to hear what I had to say. (You can find the complete text of our testimony on the Open Streets proposed revisions at this link .)
“My name is Tod Shapiro and I will be speaking on behalf of CB5’s Open Restaurants Task Force.
I strongly support … my Fellow Community Board members’ comments on Notice Periods – 45 days or even 60 days is required – give us the time to do our job. (Referring to the Community Boards’ ability to hold hearings on any proposed outdoor use upon reasonable notice to schedule hearings for review and solicit the input of the Community on the appropriateness of the use.) And the curbside setups must have the same kind of review as sidewalks.
CB5’s policy on sidewalk and curbside dining are guided by a well established standard – It’s all about weighing the benefits and interests of all the concerned parties in a fair and responsible manner. CB5 carefully considers standards of cleanliness, appropriateness, street and sidewalk safety and fairness among stakeholders for each locale it reviews.
The “one-size-fits all” nature of the proposed changes to sidewalk and curb-side dining regulation, unless handled properly, may well lead to problems applying effective review. Our colleagues in CB2 and CB4, which share a similar profile of outdoor dining, express similar concerns. We are skeptical that DOT can perform this role suitably. This is for Community Boards.
Our Committee has noted that with the proposed changes in the regulatory scheme the problems noted at this hearing will likely continue in our district. Open Streets, which worked well as an emergency measure, at the same time showcased noticeable problems. These include the major issues with regard to quality of life as commented on at this hearing.
By many measures, CB5 feels that Open Streets, which has allowed a temporary relaxation of measures for review and opened up streets and sidewalks to pandemic–stricken establishments, has been a success. However, if it is made permanent without returning to established standards of review it will be seen as an unfair concession to only one part of our community – the restaurant and food service sector.
We must make sure that the proposed program is seen as a a reform and improvement, not as a hasty giveaway to any one group. If this is not accomplished, it will breed conflict over the valuable streets and sidewalks among all the stakeholders in our great city.
A more detailed report from our Task Force will be submitted.
Thank you.”