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Land Use, Housing & Zoning
Application by Fogo De Chao, 31 West 52nd Street, requesting certification, pursuant to Sections 37-624 and 37-73 of the Zoning Resolution, in connection with a proposed Open Air Cafe.
WHEREAS, Fogo De Chao is a restaurant at 31 West 52nd Street (a building that also fronts on 40 West 53rd Street) within a C5-2.5 Zoning District; and
WHEREAS, The building in which Fogo de Chao Brazilian Steakhouse leases retail space comprises Block 1268, Lot 7501; and
WHEREAS, Since 1985, this building has provided a public plaza of 12,340 square feet with 7,654 square feet being bonusable, generating 45,924 square feet; and
WHEREAS, The 912-square foot area that Fogo de Chao is requesting to use as its Open Air Cafe comprises 7.4% of that privately-owned public space (POPS) that is generating a floor area bonus; and
WHEREAS, The proposed Open Air Cafe would have 9 tables with 36 chairs on the northeast edge of the public plaza, in an area set back from the building’s property line; and
WHEREAS, The proposed Open Air Cafe would serve primarily as an advertising vehicle for Fogo de Chao within a public space, generating minimal revenue from the table-service, with the restaurant benefiting from its location across the street from the exit from the Museum of Modern Art; and
WHEREAS, CB5 is concerned about both the pedestrian congestion on the sidewalks of Mid-Town, and the safeguarding of bonus-granting public space that the general public is meant to enjoy; and
WHEREAS, CB5 believes that open air café seating in a privately owned public place may be a public benefit only when seating and tables can be used by the public without a need for purchase of food or beverage; and
WHEREAS, At the CB5 Land Use, Housing and Zoning Committee meeting on September 2nd 2015 representatives from Fogo da Chao agreed that anyone from the public will be able to sit on the proposed seats and use the tables without need for purchase of food or beverage and non-paying members of the public will not be told to move if a paying customer wishes to sit and all seating is occupied; and
WHEREAS, CB5 believes that if the public ends up unable to use the seating without purchase of food or beverage, the public costs associated with some commercial activity in this public space would outweigh any other potential public benefit associated with this Open Air Café; and
WHEREAS, To ensure the public is aware of their ability to sit in the café seating without need for purchase of food or beverage, Fogo da Chao agreed at the CB5 Land Use, Housing and Zoning Committee meeting on September 2nd 2015 to submit a revised site plan that provides public information in the following ways:
- Text: “Open to the Public No Purchase Necessary” will be located on the top of the approved menu board in text no smaller than the largest non-logo text on the board
- Text: “Open to the Public No Purchase Necessary” will be written on both sides of a double sided plaque located on the umbrella stand on the center north portion of the seating area; and
WHEREAS, Attorney for the applicant, Alexander L. Betke II of the law firm Wilson Elser, confirmed via phone call on September 10, 2015 with the chair of the Land Use, Housing & Zoning Committee that the applicant will submit a revised site plan to the Department of City Planning in accordance with the abovementioned agreement made on September 2, 2015; and
WHEREAS, If signage is not required to make clear to the public that they can use seating and tables without need for a purchase, we do not believe the public would have any knowledge that such seating is available to them; and
WHEREAS, Fogo da Chao representatives agreed at the CB5 Land Use, Housing and Zoning Committee meeting on September 2nd 2015 that Fogo da Chao will instruct the staff of the restaurant to welcome the public to use the seating in the Open Air Café; and
WHEREAS, If the seating ends up being available for the public to use both with and without purchase, the proposed Open Air Cafe could benefit; and
WHEREAS, If the agreed upon signage is NOT part of the site plan approval for the Open Air Café, CB5 would be in very strong objection to City Planning approval of the Open Air Café as such an approval would constitute the privatization of public space without any benefit provided for everyday New Yorkers who do not wish to make a purchase to enjoy public space; therefore be it
RESOLVED, Community Board Five recommends denial of the application (N150415 ZCM) for an Open Air Cafe to be operated and managed by Fogo de Chao, the restaurant leasing space at 40 West 53rd Street unless a revised site plan is approved with the following specified requirements:
- Text: “Open to the Public No Purchase Necessary” will be located on the top of the approved menu board in text no smaller than the largest non-logo text on the board
- Text: “Open to the Public No Purchase Necessary” will be written on both sides of a double sided plaque located on the umbrella stand on the center north portion of the seating area