London Terrace residents are opposed to a two-table, eight-chair addition to a sidewalk that’s already too narrow to accommodate foot traffic.
BY WINNIE McCROY | Putting tables on a sidewalk already dense with High Line foot traffic will open a Pandora’s Box, say residents of London Terrace.
The high-end crudo restaurant Barchetta recently approached Community Board 4 (CB4), asking to add six or eight sidewalk tables, open until midnight. After the Business Licenses & Permits CB4 committee meeting voted against it, they submitted a revised proposal for two outdoor tables with a total of eight seats, to close by 9 p.m.
The problem at hand is that residents of London Terrace, located above Barchetta’s 461 W. 23rd St. address (despite the discrepancy in address, the building is located inside of 465 W. 23rd St.), contend that it will take up too much space on a thin and congested sidewalk. Despite testimony from several residents (who provided numerous photos to support their claims), Barchetta’s request was granted, when the full board passed Item #45 at the July 23 full board meeting of CB4.
“We approved it 21 to 12, so the vast number of us thought it was probably within zoning,” said CB4 District Manager Bob Benfatto. “I think it passed because it closes at 9 p.m. every night, and it’s seasonal as well. But we are not really certified planners. Some attorneys and lay people looked at it, but it looks like we need a city planner to sign off on it.”
The Department of Consumer Affairs (DCA) had set a hearing for this issue over the summer, but later cancelled it. Now, even CB4 members are unsure as to whether the DCA or the Department of City Planning (DCP) will make the call on whether it is zoned for outdoor seating.
“It’s a very confusing issue, and we’ve been back and forth with DCP and elected officials on the zoning, and apparently even they don’t know,” said CB4 Chair Christine Berthet. “We don’t have a formal answer from DCP. They say they have been waiting on the DCA to give them the answer. I’m not sure I understand the protocol there. But what CB4 said is that if the zoning doesn’t permit it, then it doesn’t. If it does, then we think two tables is probably okay. If the DCA says it’s permitted, we don’t have grounds for rejecting it.”
This photo of alleged garbage from Barchetta was shown to CB4 by sidewalk cafe opponents, to illustrate a pattern of neglect.
During the public comment session of July 23’s full board meeting of CB4 (its last of the summer before resuming on Sept. 3), several London Terrace residents testified about problems including noise, smoke billowing up, problems with access and extra trash.
London Terrace resident Ann Northrop said that the case is complicated by the fact that the London Terrace condo board (mostly co-op board members and some business owners) approved the proposal, despite a petition signed by 200 residents.
“There are intricate issues,” said Northrop, noting that the space has housed a number of other restaurants, including Amy Sacco’s other restaurant, Bette. She spoke at length about a history of illegal construction and bad blood between Sacco and the London Terrace tenants, including an illegal gas linkup that, residents allege, nearly caused an explosion.
Northrop said that the restaurant had “twisted itself in knots” trying to manipulate the situation, pointing to their basement kitchen’s location to sidestep zoning, forcing their wait staff to wrangle passers-by for signatures for their own petition and arguing that their tables would fit into the little niche in the sidewalk between their restaurant and the London Terrace garden fence — when, Northrup says, the dimensions given clearly extend beyond that fence.
“The real problem is that this is a very residential block,” said Northrop. “There are issues around crowding, noise and dirt, but the real core is the changing character of the block.”
NEIGHBORS SAY ‘NO’ TO BARCHETTA
Northrop said that those who live above the bar are tortured by illegal construction noise and smokers, and that the board has not stepped up to look at the implications of this.
“I have been living here for almost 20 years, and I’m right above Barchetta,” said London Terrace resident Mary Ellen Carroll. As a teacher of public policy and land use issues, she said that this was a residential and historic block, and in her review was not zoned for this cafe.
She also worried that the niche in the sidewalk wouldn’t accommodate the tables, when waiters and customers are figured in. She pointed to an existing garden area and a laundry vent, which could alter the accuracy of where these tables will be situated. Others complain that this stretch of sidewalk is already overcrowded with people accessing the stairway to the High Line.
“The opening of the High Line introduced a great wildlife space, but also a greater amount of sidewalk traffic,” said London Terrace shareholder Alan Ring. “This makes it more difficult for seniors, the disabled and people with children to maneuver. Putting this outdoor cafe there is going to cause even more disruption.”
As a second-floor resident, Ring was concerned about smoke drifting through his window, about people standing around waiting for a table and about additional debris and vermin. Barchetta representatives said this was being blown out of proportion.
“I think that New Yorkers enjoy the few months of the year they are able to sit outside and enjoy meal or a glass of wine,” said Barchetta’s lawyer, Donald Bernstein, of Victor & Bernstein, P.C. “There are plenty of places with a sidewalk cafe, and this one very small, a maximum of eight seats at two tables. On the whole block of London Terrace it’s hard to even tell there is a restaurant there because there are so many entrances to apartments along the block. It will be helpful to my client to show off their lovely restaurant.”
The crowds from the High Line are just what Barchetta wants to attract into its sidewalk cafe. But tenants suggest they put out a sandwich board, awning, or even an empty table with a menu, with Ring saying, “Most four-star dining doesn’t have outdoor seating. If the food is so damned good, it doesn’t matter if they have tables outside or not.”
“I think that a banner or flag would look terrible,” said Bernstein. “Two tastefully done tables won’t have any adverse affect, and that’s what CB4’s committees found. They voted overwhelmingly to approve this, and the idea that it will cause devastation to the community is absurd.”
Carroll countered this by saying that the block wasn’t a commercial area, but rather a residential block. In addition, some are concerned that if Barchetta gets the go-ahead, it will open the floodgates for outdoor seating at places like Joe’s Coffee and London Terrace Deli.
“I don’t know whether those places are zoned for it or not, but it seems like anyone within a legal basis would have to be taken on a case-by-base basis,” said Bernstein. “The fact that one may be granted to us doesn’t guarantee it will be granted to anyone else.”
“It’s frustrating because, to the outsider, it’s just two tables, and what’s the big deal?” said Northrup, who notes that she is not against business in general, just this cafe.
CITY MUST MAKE FINAL ZONING CALL
Despite CB4’s approval, the property has yet to be assessed by the DCP, with the final legal decision believed to come from the Department of Consumer Affairs. Regulations prohibit outdoor tables within 100 feet from the “10th Ave. curve.”
Split lots are allowed 25 additional feet, but some say Barchetta is not within that distance, either, despite arguments made about an L-shaped basement kitchen that could be within 125 feet of that curve. These arguments are all moot — only the city can say if the area is zoned for outdoor seating.
“So give us an explanation on the zoning — do they fit it or not?” said Northrop. “Barchetta is going to CB4 and the condo boards making the argument to get approval. We suspect that they are trying to build momentum for approval before the DCP says it doesn’t fit the zoning.”
Ring echoed this concern, saying that, “the city needs to make a decision on this and move quickly. This issue comes down to who’s measuring. We want the business to succeed, but we also want them to be a good neighbor.”
Northrop said that opponents met with DCA Commissioner Julie Menin to ask about the status of the investigation, only to learn that they were waiting for a formal assessment from the DCP about whether they were zoned for outdoor tables. Then the situation goes to the City Council where political issues can hold sway.
“As I understand it, the DCA makes the final determination of whether this is within zoning,” said Benfatto. “If zoning is found not to allow it, then the proposal is done. If not, it gets reviewed by the City Council.”
If it makes it that far, Chelsea’s District 3 City Councilmember, Corey Johnson, has made it clear that he will vote against this proposal.
“I believe that sidewalk cafes should not be located on residential blocks, unless there is grandfathered zoning,” said Johnson. “While I understand that many sidewalk cafes are an amenity to some, in the case of Barchetta, it will negatively affect the quality of life for residents of London Terrace and bring the commercial feel of the avenue to the residential block. Allowing this cafe to proceed would set an unacceptable precedent for additional sidewalk cafes in more residential areas.”
