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Public Testimony

Michelle Cooper Smith Testimony: Lower East Side Resident

New York City Council · Apr 23, 2025 · starts 3:39:33 · 2 min 18 sec

Michelle Cooper Smith, a Lower East Side resident and former community board member, testifies via Zoom that the permanent application process is too onerous and confusing for small business owners.

Member of the Public - Michelle Cooper Smith

So I just say this to make it clear that I am um very well versed in what's happening with the permanent outdoor dining program.

Member of the Public - Michelle Cooper Smith

Um, but I'm here to testify on my own um behalf, not on my community board's behalf.

Member of the Public - Michelle Cooper Smith

Um I'm a raving fan of outdoor dining.

Member of the Public - Michelle Cooper Smith

Um I still remember the July 4th weekend in 2020 when the emergency program started and how freeing it was to finally have a uh safe space to socialize with people after months of sadness and darkness.

Member of the Public - Michelle Cooper Smith

Um, and it gave me a vision of the future where we could have fewer private vehicles using our private curbs.

Member of the Public - Michelle Cooper Smith

Um, but I have to say that the new uh permanent process is far too onerous and frankly confusing.

Member of the Public - Michelle Cooper Smith

Um I can't tell you how many business owners I've talked to in my neighborhood who like reasonably can't tell a difference between open streets and roadway um have uh roadway dining and silo cafes, and why are there different you know, month uh months that each operate in and whose approval for whom?

Member of the Public - Michelle Cooper Smith

Um, and so I think that this should really be simplified.

Member of the Public - Michelle Cooper Smith

Um, as others have said before, that roadway dining should be all year long, just like sidewalk cafe is like let's just make it much easier to understand.

Member of the Public - Michelle Cooper Smith

Um, and uh also I'll echo what was said earlier about how difficult the process is for um once they recognize the difference between the programs, how difficult the process actually is.

Member of the Public - Michelle Cooper Smith

CB notice, CB hearings where they get unnecessarily beat to death on hours and operations, DOT SLA, it's just all too much.

Member of the Public - Michelle Cooper Smith

Um, I agree with uh Councilmember O say that the admins seem to have designed the program to effectively kill it.

Member of the Public - Michelle Cooper Smith

So it needs to be fixed by the council to be more straightforward for applicants and provide um more outdoor dining for New York City residents.

Member of the Public - Michelle Cooper Smith

And um, I think that the council should remove the provision that allows sidewalk cafes to be called up for a full council vote because as we all know, because of the zoning text amendment, all of these sidewalk cafes are now as of right, so long as they that DOTs are clean.

Council Staff

Your time is expired.

Member of the Public - Michelle Cooper Smith

And I think um Chair Menon for abstaining on the vote to deny Ladiv's sidewalk cafe.

Member of the Public - Michelle Cooper Smith

Have a great day, thank you.

Julie Menin

Thank you.

Selvena N. Brooks-Powers

Next, we'll hear from Simiya Lavingia.

Member of the Public - Samir Lavingia

Hi, my name is Samila Wingia.

Member of the Public - Samir Lavingia

I'm the sorry, I'm on my community board.