Valerie De La Rosa Testimony: Manhattan Community Board 5

Good morning.

Good morning, Chair Force.

How afternoon?

Thank you so much.

Good morning, Chairs Brooks, Powers, and Minen, and members of the Committee on Transportation and Infrastructure and the Committee on Consumer and Worker Protection.

I am Valerie Delarosa, Chair of Manhattan Community Board 2, and I'm speaking on behalf of the board.

CB2 has held public hearings for 308 roadway and sidewalk cafe applications to date, and we're hearing 36 more applications this evening.

So far, 40% of roadway cafe applications in CB2 do not meet the required 15-foot emergency travel lane, with 99 roadway cafe applications in C B2 referred to DOT, referred by DOT to FDNY for travel lane waivers.

FDNY is reviewing those on those roadway setups on a case-by-case basis with no agency overseeing overall block by block by block analysis.

We have as many as 10 roadway setups on narrow streets for this waiver that do not meet the on one block that do not meet the waiver, uh the 15-foot travel lane.

Outdoor dining has been a resounding success in CB2.

Revocable consent fees are 55% cheaper than before COVID for most of CB2.

CB2 has 564 roadway cafe and sidewalk cafe applications expected.

That is 23% of outdoor dining cafes in Manhattan and 30 or 30 23% in all five boroughs and 36% in Manhattan.

We've revert reviewed 60% of those.

We've had the most sidewalk cafes before COVID, during COVID, and now during dining out NYC.

The one size fits all program doesn't meet the needs of our mixed use and residential communities.

A bar with 80 seats outside has 53 more seats outside than inside.

Hotels with roadway dining in their loading zones, and now all of their hotel loading and unloading occurs in the street.

Primary building entrances of five feet are not met.

Sidewalk cafe applications that propose non-ADA compliant cafe widths of one foot nine inches not only is unworkable, but it's illegal under federal ADA law.

FDA ADA requirements are hidden on a 311 knowledge page for outdoor dining complaints related to accessibility.

And recently, NYC DOT removed a bullet point requiring a 36-inch accessible route within outdoor dining seating areas.

Again, this is not an NYC DOT guideline, it is federal ADA law.

What's working?

Seasonal roadway dining works in Manhattan Community Board 2.

Seasonal roadway dining is what we want in our neighborhoods, not seasonal storage.

They allow the open air dining opens up the public realm, and the dining out NYC legislation ensures that sidewalk cafes remain open air.

The clear path requirements are based on the mobility plan and they are sound and they provide the protections.

Before making any additional changes to this program, we strongly urge you to look into the enforcement.

Thank you.

Thank you.

Hi, um, Chair Brooks Powers and Chairman.

Um thank you for holding this hearing today.