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Consents & Variances

254 5th Avenue, (28th /29th Streets), CG ALM LLC, L&C Oyster Co., application for a new small unenclosed sidewalk café with 2 tables and 12 chairs.

At the regularly scheduled monthly meeting of Community Board Five on Thursday, July 10, 2014, the Board passed the following resolution by a vote of 39 in favor; 0 opposed; 1 abstaining.

WHEREAS, An application was made by the L&C Oyster Company for an unenclosed sidewalk café with 2 tables and 12 chairs; and

WHEREAS, There are no additional sidewalk cafes on the West Side of 5th Avenue near this location; and

WHEREAS, The sidewalk has a width of 23 feet at this location, allowing at least 15 feet of unobstructed pedestrian walkway by the café; and

WHEREAS, The proposed plan is for the tables to abut the façade of the building; and

WHEREAS, The expected hours of operation are Sunday through Thursday closing at 11:00 pm and closing at midnight on Friday and Saturday; and

WHEREAS, The applicant, while assuring attendance at the meeting of the Committee taking up this application, did not appear to provide, discuss, and answer questions about the proposed sidewalk café layout, hours, or any additional issues; and

WHEREAS, Community Board Five has a policy of denying applications where the applicant or their representative does not appear so that details can be confirmed and questions answered, therefore be it

RESOLVED, Community Board Five recommends denialof the application for a new, unenclosed sidewalk café at 254 Fifth Avenue.

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