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Consents & Variances
22 East 41st Street, between 5th and Madison Avenues, O'Casey's, Pop-up Café Application
WHEREAS, O'Casey's is applying for a pop-up cafe at 22 East 41st Street, between 5th Avenue and Madison Avenue; and
WHEREAS, The pop-up cafe would be 24 ft long (3 parking spaces), and
WHEREAS, The applicant will use the same design and materials as those used for the pop-up cafe at Pearl Street that was constructed last year, and
WHEREAS, The hours of operation would be from 10am to 10pm every day, and
WHEREAS, Pop-up Cafes are open public seating areas for pedestrians, sponsored by a neighboring establishment, and
WHEREAS, No alcohol is allowed at Pop-up Cafés, and there is no table service; and
WHEREAS, Smoking is not allowed at Pop-up Cafes; and
WHEREAS, The restaurant will build a small platform that will bring the road bed level with the sidewalk, and will create a site with planters and furniture; and
WHEREAS, The Pop-up Cafe is seasonal. The anticipated date of installation for any site is May 1st and they are only being permitted to operate for up to 5 ½ months (October 15th). At the end of the season, the Pop-up will be removed and the occupied parking spaces will be restored; and
WHEREAS, Pop-up Cafes are being evaluated on a temporary, trial basis. The initial term of the agreement with DOT for any Pop-up Café applicant will be for a period of two seasons; and
WHEREAS, After two seasons, the site and the program as a whole will be evaluated. A recap of the program, including DOT's analysis and data collection, will be presented to the community board. Any extension of the Pop-up beyond the two-season term would require a new approval/support letter from the board; and
WHEREAS, The applicant is responsible for constructing and maintaining the pop-up café; and
WHEREAS, Community Board Five believes that the proposed pop-up cafe is located on a block that is unique because it is not a thru-traffic block, and registers low vehicular and pedestrian traffic; and
WHEREAS, Community Board Five is not opposed to the proposed application, and recognizes the benefits of bringing seating space to the district but is concerned about numerous aspects of the pilot program, and wishes to examine them thoroughly. These aspects include:
Ø a proliferation of pop-up cafes
Ø encroachment of right of way and de facto zoning change
Ø loss of metered parking revenue
Ø loss of parking space
Ø lack of inspection and enforcement of pop up cafes by DOT or other city agency
Ø safety of pop-up cafe users vis a vis vehicular traffic
Ø lack of unified design for pop-up cafes
Ø negative impact on pedestrian flow of traffic
Ø negative impact of vehicular traffic
Therefore be it RESOLVED, that Community Board Five recommends approval of the application for a pop-up cafe by O'Casey's at 22 East 41st Street, b/t 5th and Madison Avenues.
The above resolution passed by a vote of 19 in favor; 16 opposed; 1 abstaining.