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Application # 17-2020-ASWC 118 East 15th Street NY NY 10003-2102 LM Restaurant Group LLC DBA “Sidebar” for a new unenclosed sidewalk café at 118 East 15th Street (at University Place) featuring 19 tables and 38 chairs

At the regularly scheduled monthly Community Board Five meeting on Thursday, February 13, 2020, the following resolution passed with a vote of 35 in favor; 0 opposed; 1 abstaining:

WHEREAS, LM Restaurant Group LLC, DBA “Sidebar” ("Applicant") is applying for a new unenclosed sidewalk café license at 118 East 15th Street NY NY 10003-2012 (Block Number 870 Lot 24), to be located on 15th Street and University Place; and

WHEREAS, Applicant seeks to have a sidewalk café occupying a space totaling approximately 500 square feet, with 19 tables and 38 chairs on University Place, composed of 4 rows of two-top tables, such that approximately three-quarters of the space will be on the sidewalk adjacent to Applicant’s establishment; and

WHEREAS, Community Board Five has serious doubts that the proposed café footprint complies with DCA regulations, as nearby tree pits with guardrails significantly obstruct pedestrian traffic on this block, and are not far enough from the café to warrant DCA approval without the replacement of existing guardrails with flush tree grates, which have not been proposed by the Applicant; and

WHEREAS, Furthermore, DCA regulations require that notice of any proposed change to the tree beds performed by the Applicant must be provided to the relevant Community Board, which has not occurred; and

WHEREAS, Community Board Five has serious additional reservations with respect to the reputation and operation of the Applicant, given a substantial and significant number of submitted complaints from neighboring residents in the last two years regarding crowd control, public safety, unruly behavior, noise complaints and amplified sound complaints; and

WHEREAS, Neighborhood residents have registered issues with loud sound and music, unruly behavior, sanitation and other factors in connection with the operation of Sidebar both inside and outside the premises over the last several months and CB5 has concerns that the granting of the outdoor café, in the absence of agreed upon remedial actions by the establishment, will increase these problems; and

WHEREAS, CB5 has serious concerns about the potential for unmanageable congestion as a result of the
proposed sidewalk café, given its location near a heavily trafficked school entrance, on a major East-West
pedestrian thoroughfare on 15th Street leading to a major public transit hub at Union Square, as the
proposed layout reduces available pedestrian space, and no pedestrian counts or serious study was given
to this issue by the Applicant; and

WHEREAS, Applicant has insisted on pursuing the Application in advance of suggested community
meetings between their management team and local residents, and implementation and proof of the
effectiveness of agreed upon remedial steps that might mitigate the impact of the enumerated issues listed
above so as to allay residents and CB5’s concerns; and

WHEREAS, A significant number of members of the public raised objections and concerns about all the
issues mentioned herein; therefore, be it

RESOLVED, Community Board Five recommends denial of application # 17-2020-ASWC 118 East
15th Street NY NY 10003-2102 LM Restaurant Group LLC DBA “Sidebar” for a new unenclosed
sidewalk café at 118 East 15th Street (at University Place) featuring 19 tables and 38 chairs.

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