Village Trustees mull permission for outdoor dining structures



Rounds of public comments delivered by over a half-dozen of Garden City’s restaurateurs offered insights into the struggles many of them still face 16 months after the initial onset of the pandemic. 

Concerns for their futures were exacerbated by an item on the Garden City Board of Trustees agenda for of the July 15 meeting: termination of the “Temporary Revocable License Agreements for Use of Village Owned Property” for the restaurants Calogero’s Novita, Revel, and Waterzooi — which are all located on Franklin Avenue north of Stewart Avenue. 

During the July 15 meeting Trustee Bruce Chester commented that from a liability and insurance point of view, restaurants’ outdoor dining setups and structures are on village property in the parking lots behind Franklin Avenue storefronts. Chester said the municipality must be aware and vigilant of such liability issues. 

“The structures were certainly an excellent idea with trying to help these businesses out at the time, to let them have these structures and for clientele to come in (and dine outside). We all want the businesses to succeed and they are all places we have been to and support. From the insurance standpoint of them being on the village properties, do the insurance policies extend coverage to these structures because they are not within the realm of restaurants? If any patron were to slip and fall within one of the structures, where would the liability go? That’s something that we have to look at as a Board to see that the coverage is there for restaurants. And recently, we had a devastating fire in the village and we are concerned about that,” he said.   

Ultimately, the Board of Trustees decided to put off further consideration on the matter until its next meeting, which will be held on Thursday, August 19.

Dennis Donnelly, a former Garden City Village trustee and currently the executive director of the Garden City Chamber of Commerce, spoke with the News this week and said he’s pleased the Board of Trustees listened to the many continuing concerns restaurant owners in the village have as they attempt to see some rebound from the last 16 months of pandemic-related revenue loss. Donnelly said the trustees are apparently clear on the fact that despite the mass vaccinations of the public, and with new COVID-19 variants such as the Delta variant causing another wave of infections, the customer base of local residents and new customers who may visit Garden City restaurant establishments have a preference for outdoor dining. He spoke about the soaring temperatures not being a deterrent for patrons to be at outdoor tables, and the common sights along 7th Street of people eating outside restaurants. 

“All the Board has to do is to show up on a Friday night and walk around to where restaurants are, 7th Street and Franklin Avenue, and take a look at how crowded it is. Every single seat at every restaurant is packed. For the restaurants and the Chamber, this is the real research or evidence needed. There were also eleven letters submitted to the Board of Trustees and village officials in support of the outdoor dining structures for the Franklin Avenue restaurants. One of the letters was mine, as I brought up the question on ‘who benefits from this?’ and all these letters are in the record — they are going to be in the minutes for correspondence. But the Board must recognize that if you do these things by ordering the Franklin Avenue restaurants to take down the structures and potentially taking out Saturday night outdoor dining, who benefits from it? What is the benefit and who does that serve? It’s certainly not a benefit to the restaurants and not to the public either because they dine there, and it’s certainly not a benefit to the Village of Garden City. So where is the benefit?” Donnelly said in the July 19 interview.

During the Village Board meeting, Revel restaurant owner Jim Doukas, alongside his wife Francine, addressed the Village Board and thanked the trustees for the opportunity he and fellow restaurant owners had, although with very little prior notice, to provide their input on the decision.

Doukas estimates that Revel has invested around $80,000 in its covered outside seating area, and in recent weeks it has seen a refresh in the seating furniture and landscaping (located behind the restaurant).

“What we have been through in the last year and a half, there’s no secrets about it. COVID literally decimated and crippled the restaurant and hospitality industry. We are all in debt, we’ve all borrowed money, and we all put our best foot forward to try to sustain these establishments through these difficult times. About 40% of our current guests — at Revel, at Novita, at Waterzooi and at Calogero’s — come to dine with us because we have the outdoor dining. Many people are still very uncomfortable with being indoors. Some guests are afraid to because they don’t know who is vaccinated or who’s not vaccinated — it’s a big concern. We have all invested a lot of money into the structures and setups. In no uncertain terms, if the village does take that away I really do not know how we could survive. We’re talking about financial devastation and destroying livelihoods,” he told the Board. 

Doukas asked the Board of Trustees to at least consider extending the outdoor dining areas and structures through the end of this year, “so we can see where things stand with COVID, if there’s a resurgence.” 

He noted that if all the structures were removed from the back of Franklin Avenue’s restaurants, then the option for people to dine outside would be eliminated. 

Mayor Cosmo Veneziale clarified the reasoning behind the agenda item:

“This Board is not averse to having local businesses thrive. That is not the point. The point is the safety of the residents and patrons who come to the village and go into local parking lots, buildings and businesses. That’s our concern and it’s why we are reacting to this because we have received the information on safety from our Building Department and the fire chief. This is our responsibility,” the mayor noted. 

Village Counsel Kenneth Gray, from Village Attorney Peter Bee’s law firm of Bee, Ready, Fishbein, Hatter & Donovan LLP, commented that Mayor Veneziale and Garden City Fire Chief Devyn Moody have summarized the issues related to the outdoor dining setups — “and IT IS safety.”

He then read aloud a statement from Chief Moody about the concerns he has about limited access to the areas/buildings.

“He (Moody) stated that the structures are hampering GCFD responses and they are unable to get apparatus into the locations where they need to get them in. Chief Moody noted serious concerns about the concrete barriers hindering access and not being able to get fire apparatus around them. We (Bee’s law firm) obviously reviewed the temporary licenses that the village issued to these restaurants and clearly as part of those agreements, there is a statement that these licenses are revocable at any time at the will of the village — with sole discretion by the Village of Garden City. With the village and fire chief’s safety concerns the Board of Trustees has the legal ability to revoke these licenses,” Gray explained.  

After Mayor Veneziale’s questions, Kenneth Gray noted that there was an initial license for the outdoor dining structures conferred to restaurants that applied in 2020, then a first extension of those licenses, and “as recently as February 2021 there was a second renewal of the license.” 

Among the issues noted during the Board’s meeting is a number of phone calls and concerns about the tents set up in the parking lots behind Franklin Avenue buildings (for restaurants’ dining areas). Trustee Louis Minuto asked for a clarification on whether what was being discussed and decided last week involves “a code issue or an aesthetics’ issue.” 

Village of Garden City Building and Plumbing Inspector John DeMartini (who attended the board meeting in the place of Superintendent of Building Giuseppe Giovanniello) said problems with structures for outdoor dining represent both a village code issue and a New York State property maintenance concern. Minuto said the descriptions given about visual appearances of tents and structures really pertain to issues that may be easily rectified.   

Part of the concern relayed is the village’s compromising the parking spaces and access to buildings that previously existed before the outdoor dining structures went up in 2020.

Residents’ feedback on “general sloppiness” observed at the various outdoor dining setups was also relayed to the Board.

“It was not really the outdoor dining — it is the tents that seem to bother most of the residents, from the calls we’ve received,” DiMartini said. 

Donnelly listened to the explanations last Thursday but is still unsure whether any of the complaints were about real issues, or about things that are subjective like the way a tent outdoors appears. He added that since this trustees’ agenda item pertains to particular Franklin Avenue restaurants, the concerns must be validated because there is no tent structure up behind Waterzooi and Novita.

“They took the tent down over one month ago and it’s just umbrellas. If there was any issue with people saying it’s aesthetics of a tent — but there is not any tent there,” he told the News in an interview.

According to Donnelly all the structural, public safety and Building Department type of items about outdoor setups were discussed in detail with the Board of Trustees. He noted how Trustee Louis Minuto mentioned that nothing had changed about these structures and setups after the proposed plans were reviewed and discussed with village trustees in 2020.

“Are we trying to help these restaurants or are we trying to hurt them? It remains a fragile time for the businesses, and if things went poorly then on Franklin Avenue both Revel and Mighty Quinn’s barbecue could be empty storefronts. We already have the former Gross Jewelers location that’s empty. Then we have a Mexican restaurant slated to open, but they would also need some outdoor dining space. Again the Chamber and others are trying to help these businesses survive in our village when Port Washington and Glen Cove, many other places are going overboard to help the restaurants,” he explained. 

Trustee Mary Carter Flanagan asked Chief Moody if there could be some remedies involved that would alter the perspective on fire safety issues with the outdoor structures and setups. She noted the comments that restaurant owners presented the Board with about a high percentage of patrons preferring to and enjoying the outdoor dining experiences, and said she is not surprised to hear that.

“This remains a nice thing to be able to provide residents with as well as for helping out the businesses. What I seem to be hearing the most about is the access issues (for the GCFD and/or other emergency services) created by the tents. Is there something that can be done to reopen the access so, God forbid there is a fire in an apartment building that there would not be an issue with getting in there for emergency response?” she asked. 

Trustee John Delany wondered aloud if there was a way for the outdoor dining program to continue without the supporting structures, because he felt there is too much space being almost totally blocked by them. 

“Is there some way for them to continue to serve the customers outside with a facility or an area that is not as obstructive or that can be easily removed. It is one thing to have a tent on stilts where the tent can quickly be moved out of the way — it’s another thing having cement blocks and wood, and the rest of it. I would think the answer is that if we can be assured the permanent-type structures would be moved out of the way, or any other way that there is something portable than can quickly be moved out of the way,” Delany said. 

Former Garden City mayor Brian Daughney attended the Board’s July 15 meeting and stated that one year ago the GCFD spoke about potential issues “several times in public.”

“We (the Board at the time) voted that we could help restaurants get past any issues, and the cement blocks have been there for over a year. The structures have been there for over a year. In my opinion there is no danger, and we have looked at this before. I think this is a decision that was made while looking for a reason, and it’s not right. These guys (restaurant owners) put in a lot of their effort and time, and people like outdoor dining. Why don’t you ask the people if they want the outdoor structures to stay or not? I don’t hear anybody here telling you otherwise,” Daughney said. 

Deputy Mayor Tom O’Brien responded, “Everybody is in favor of the restaurants thriving.” He asked Daughney if at the onset of the pandemic, with plans for outdoor dining coming up in spring 2020, if the GCFD approved the cement blocks and structures now seen outside the restaurants. Daughney told the current Board “it was talked about when the whole fire department and the GCFD chiefs were there (in the Board meetings).”

“If you had been at any Village Board meetings, you would have known that. WE had public meetings on this — they met, and the fire department discussed their concerns. The police department also discussed their concerns — so we worked around them,” he said.

Mayor Veneziale interjected in the back-and-forth and noted for former mayor Daughney that these are temporary licenses the village has the authority to issue, and they are renewed every six months. However, per contractual terms the current license agreements with the restaurants cited run through December 31, 2021.

“This (July 2021) review is a third iteration of the same process. Apparently from Chief Moody’s memo the fire department is making an issue over safety now. They did not make it before for whatever reason Brian. It is now our responsibility as the Village Board to address this,” the mayor explained. 

Daughney again spoke about the fire department’s involvement in 2020 Board discussions on outdoor dining and the necessary compliance for approvals.  

Chamber Executive Director Donnelly says he’s pleased the Board of Trustees and village officials had an opportunity to hear from restaurant owners at the July 15 meeting and that the item was not voted on, and it will be appearing as part of the Board’s August 19 meeting agenda. But he hopes in August the village has the courtesy to release the meeting agenda with its details sooner than about 24 to 30 hours prior to the meeting, so that anyone who wants to attend or participate by providing input can have more time to prepare for it.

“The fact this was an action item on the meeting agenda for a Board vote, which was put on an agenda that became available if someone was vigilant the day before the meeting, was difficult. This could have been voted on in haste and they wanted to see all the outdoor dining structures come down by this week (July 23),” Donnelly said.

Another concern he expressed is dwindling support by the Village of Garden City for the Garden City Chamber of Commerce and the local business community. He noted that Chamber promotions and materials have consistently placed “Village of Garden City” alongside chamber insignia and prominent text.

“We had our sign up for six years in the B. Good storefront and we were told the sign is illegal (because it was not 12 inches from the window) and to take it down immediately. I remember speaking with Village Administrator Ralph Suozzi about this and the village wanted it to come down by the same night, on the night of a Friday night promenade. I explained that it was a really expensive sign and it would come down after the promenade. He said he did not know if it was okay to leave it until after the promenade, so we took it down around 11 p.m. which made it useless. Recently we saw the Board doing away with Thursday evening al fresco dining on 7th Street, and it was again part of an agenda that came out on a Wednesday and voted on Thursday evening (June 17). If we are talking about the agenda — then it’s clear that somebody has an agenda,” Donnelly noted.

37 responses to “Village Trustees mull permission for outdoor dining structures”

  1. What is Donnelly talking about?

    Of course there is a tent structure up behind Waterzooi and Novita. It takes up a whole row of parking spaces.

    • The deck structure is still in place behind Novita and Waterzooi. The tents and igloos have been replaced with umbrellas. The structure behind Revel that blocks access to the lot from Stewart Ave and closes Kellum Lane is still in place and until the walls were removed was effectively just more indoor dining space. With dining room restrictions lifted there’s no reason to continue with these structures as they were not built to code or for long-term use. Recently the GCFD was demonstrating the problem with building access to 365 Stewart caused by the tent and deck. It impedes proper ladder truck placement to gain access to upper floors and the roof in that corner.

      • Why did our Volunteer Fire Dept and the Chiefs sign off their approval on this a year ago if it “impedes proper ladder truck placement”?

        Isn’t safety the number one priority?

        • Good question. I wonder if they were even consulted as a lot of processes and rules were discarded “due to the pandemic”. When Kellum was first shut down GC placed large concrete barricades at the Stewart intersection completely blocking any access to the West side of the building. After a month or two they were removed and replaced with the mess of wooden barricades and orange barrels that are usually strewn across the road and sidewalk now.

          • Well, I notice Daughney “spoke about the fire department’s involvement in 2020 Board discussions on outdoor dining and the necessary compliance for approvals” without stating what the Fire Departments opinion was. Very lawyerly, say you spoke with Fire Dept, letting people infer they agreed, without stating that the Fire Department was consulted, than ignored.

    • Please Take another look says:

      Please take another look. The tent was removed over a month ago. Only umbrellas
      And palm trees.

  2. Not all Agenda's are bad says:

    Maybe the “agenda” is to end a PROTECTION RACKET that specializes in shake-downs to our Village businesses.

  3. Take them down says:

    Time for these structures to come down. They are eyesores if nothing else.

  4. Come on says:

    “Trustee Mary Carter Flanagan asked Chief Moody if there could be some remedies involved that would alter the perspective on fire safety issues with the outdoor structures and setups. “ Come on GC News. Chief Moody was not even the Chief in attendance – at least pretend you are paying attention to details even if you don’t think they are important.

  5. Open discussion? Nope says:

    4 of the largest businesses in our village and this board gives them less then 48 hours notice and if passed they must be down in a week. Our residents love these structures. Most nights they are packed. These businesses have given back to our community for years and only because they all came out did they stop this unfair action by this board. No discussion. No notice. This appears to be a pattern of this board.

  6. Why is safety and fire department access now a concern, more than a year after these installations were erected? Did the previous BOT rush approvals without doing due diligence? To now expect restaurant owners who invested much money in these spaces based on Village approval to quickly remove them seems grossly unfair, but by publicly stating that fire department access is hindered and the safety of the facilities is of concern, the Village has made public that it is on notice of these conditions, all but ensuring that they will have to come down, lest the Village be liable if someone is injured or a fire occurs where access is impeded.

    Although it is not mentioned in the article, the structure in front of Seventh Street Cafe is a terrible eyesore and was hardly used for outdoor dining in the colder weather. It should be addressed, too.

    • As ex-trustee Daughney asks “What changed”?

      Pretty simple, we have a BOT now that will not ignore the ex-Fire Chief, will not ignore the present Fire Chief, will not ignore Village Legal Counsel and will not ignore Administrator Suozzi.

      Oh, and not to mention the Nassau County Fire Marshall that made very clear none of the 4 structures are up to code or fire safety.

      Do we need another deadly home fire to smarten up?

  7. George Hopkins says:

    My guess is these structures were approved as a temporary measure without much thought as to building specs or fire safety. The goal was to appease our wonderful restaurants and patrons and comply with nys mandates. 2020 was an unprecedented time. Certainly some slack was cut as to what the right thing to do was most appropriate. Emotions run high, but we’d be remiss not to look at legalities and liabilities to the village. As I’m writing this a concern popped into my mind regarding fire safety and outdoor dining in cooler temps. Where are they storing the 20lb. propane cylinders for outdoor heaters that are so prevalent? Hopefully NOT indoors. Who is charged with investigating same? GCFD? NC Fire Marshal?

  8. Seventh street is a filthy mess. Where is the chamber on that issue?
    The tent structures on Franklin (if deemed safe) need to be dismantled based on a timeline. If people still want to eat outside, provide a few tables and chairs, weather permitting.

    • We need a new chamber of commerce says:

      The Chamber is the problem

    • I agree. Drove down it today, Saturday, in the morning. Seventh looked like the dirtiest street in Manhattan. Pizza box on the ground and litter everywhere. Lot 7S filthy as is now almost always the case.

      When I was on the Citizens Budget Review committee we repeatedly suggested trash cans in that lot since most customers enter and leave through it. Ralph Souzzi told me they were on order years ago. What happened to them? One cynical shop keeper said they would never be installed because the responsible department didn’t want to have to empty them. One store actually asked for a trash can behind its shop and was denied by the Village.

      In the past, the street and lots was cleaned immediately after a street fair. Doesn’t seem to be the case now.

      Add to this the terrible condition of many public spaces and roadsides and it is clear the Village is
      not being maintained as in the past. For example, the planting area around the bust of Stewart in the GC LIRR parking lot is overrun with weeds. Weeds overrun the grass area along Chestnut from the LIRR underpass leading to Franklin.

      Many of the lamp posts along Franklin are in need of painting. I am sure there are many other examples of the decline in Village upkeep.

      • Garden City is not what it used to be.... says:

        The ground maintenance of the Village is t he worst I have seen it in the 40 years I have been here. Go to Cathedral Gardens, everything is trimmed, flowers under signs. The last Board of Trustees systematically let the Village decline because they knew they would be renominated till their cremations.

        We have not had an arborist in 5 years. Think about that?

        The past Village Government and their supporters should be embarrassed.

        • Let me add that I was on lot 7S today. Weeds along the LIRR track in the lot literally 4 feet tall. Disgraceful. What is going on? Please continue to report lapses in grounds keeping, etc. We pay village taxes for better service

          • Agree about a large portion of the village being overgrown and neglected. 7S is always littered and Seventh Street is a mess for days after the promenades. The fountain at the NW corner of Stewart and Franklin hasn’t been completely fixed and operational since someone toppled it a few years ago. There is also a constant flow of transients that sit or lay on the benches at that location and leave their detritus behind after shoplifting from CVS.

  9. Agree 100%…..Disgraceful conditions

  10. The very same people who are complaining about these structures are the very same people who complain about sitting on Franklin Ave. Let my fellow residents who have a problem with these businesses trying to survive switch Property tax assessments and pay the high taxes that these businesses pay so they can have lower residential property taxes. They have no idea what’s it’s like to run a business let alone a restaurant in a pandemic.

    • I frequent all the restaurants mentioned. But restaurants want to have their cake and eat or too. They got pandemic restrictions lifted and still want the massive outdoor structures. The structures effectively let them expand the size of their restaurants, not just make up for the previous limited indoor seating.

      • And let’s not forget the Restuarant Stabilization Act. There is not a restuarant open today, and admittedly some closed before government aid, that is not doing better in 2020, than 2019.

        Crocodile tears by restuarant owners.

        Let’s support them, but let’s be realistic. They want to extra space and the Chamber of Commerce will have one excuse after another.

      • What’s wrong with giving them a little extra space for now? Despite the fact that restrictions have been lifted, many people are still concerned about the new COVID variants. They still feel more comfortable eating outdoors. Let’s give these restaurants the WIN for now. These are the very places that have supported this community for years. These are the places that are constantly called upon for donations for the many various charities that Garden City has. As long as any safety concerns are rectified, taking away these spaces benefits WHO?????

        • Well, Michael, who DOES benefit when you make homes and establishments abide by the fire codes?

          It is obvious, after recent events in the Village, that Fire Safety is not just theoretical.

          • I am confused by your statement. What I said was as long as all the fire safety issues can be rectified what’s wrong with helping these restaurants. I am not saying to throw safety out the window. Those unfortunate incidents in town had nothing to do with a restaurants outdoor space.

          • Actually, they do.

            One time the BOT ended paid firefighters with no public discussion, ignoring the recommendation for a needs assessment.

            In regards to the restuarants, they ignored the Fire Department Chief.

            They ARE related.

        • Define “for now.” Restaurants in NYC want the outdoor structures to be permanent. Residents are up in arms because of inconvenience, rats, garbage, blocking roads, sidewalks, parking lots. Also, not all restaurants in GC are generous in terms of charities including some mentioned in the article. All the mentioned restaurants have space for some outdoor dining, Calogeros have a large patio out back, the others space out back and in front.

          • “For now” means until COVID is no longer a threat. The new variant is scaring some people and they still prefer to be outdoors.

          • It is great they prefer to be outdoors.

            There are multiple restuarants on 7th street and Franklin that have outdoor dining and are up to code and fire restrictions.

            It is not all about Revel, Novita, Waterzooi and Calogero’s. You want to eat outdoors, go to Leo’s, Walk Street, Uptown, etc. They have outdoor dining AND are up to code.

  11. Covid is not going away. It will always be a threat to some extent, especially among the unvaccinated so this implies permanent outdoor dining structures.

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