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Public Safety & Quality of Life

11 East 20th Street, Wichcraft Operating LLC, Alteration to Existing Wine and Beer License

WHEREAS, 11 East 20th Street is a three story building with a rooftop extension on the second floor operated by the applicant, Wichcraft Operating LLC, as a sandwich shop; and

WHEREAS, the Department of Buildings has approved the use of the rooftop extension as a dining area containing seven (7) tables and fourteen (14) seats and the Applicant currently uses the rooftop for such purpose; and

WHEREAS, Applicant has an existing license to serve wine and beer on the premises, not including the rooftop extension; and

WHEREAS, Applicant has notified Community Board Five of its intent to apply for an alteration to its existing wine and beer license to include the outdoor dining area; and

WHEREAS, adjacent to the premises is a mixed use condominium with residential units beginning on the fourth story above the rooftop dining area; and

WHEREAS, although the rooftop dining area has been in use for several months and no complaints have been received regarding same, the residents and management of the condominium have met with Community Board Five to express concerns about the future use of the rooftop for dining.  The residents have enumerated a short list of concerns which the applicant has agreed to address by restricting its method of operation in the manner set forth in the Affidavit attached hereto; and

WHEREAS, The Applicant has agreed to use umbrellas or a canopy on the rooftop to prevent any noise from rooftop diners from unreasonably disturbing the neighboring residents and to investigate additional means of sound dampening if necessary; and

WHEREAS, The applicant offered to met with neighbors and/or CB5 if requested and also agreed to return to CB5's Public Safety/Quality of Life Committee meeting in July of 2009 to address any complaints from the community; and

WHEREAS, The applicant has agreed to adhere to all of the above in the form of a signed affidavit and to incorporate these conditions into the alteration application of the existing wine and beer license's method of operation and will submit to CB5 a copy of the final application to the State Liquor Authority; therefore be it

RESOLVED, That Community Board Five recommends denial of the alteration to the existing wine and beer license at 11 East 20th Street for Wichcraft Operating LLC, unless the above and attached conditions are adhered to and are incorporated into the method of operation of the State Liquor Authority application.

The above resolution passed by a vote of 28 in favor; 0 opposed; 1 abstaining.

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