UPPER EAST SIDE — David Goodside’s attempts to spruce up the sidewalk space outside his restaurant, which overlooks the Second Avenue subway construction, were squashed by the city Thursday after officials threatened to slap him with a $2,000 daily fine for violating street furniture rules.
In giving the Beach Café at East 70th Street a new look, Goodside strung lights under his awning and also added benches and potted plants alongside the wall of the subway project’s "muck house," an unappetizing setup designed by the MTA to minimize dust as it processes the dirt workers have dug up for the subway.
The benches and plants were placed along the sidewalk's curb next to the muck house in a space he considered unusable, marked off by a six-inch strip of yellow paint by the MTA. Goodside did not believe his additions created “obstructions, impediments or dangerous conditions” to pedestrians.
He did not, however, have an OK from the Department of Transportation.
Customers and passersby had been complimenting Goodside’s changes saying it gave them a lift to see some life amid the gloom of dust and drilling, he said. But on Tuesday, when DNAinfo reported on his efforts, he received a visit from a DOT official telling him to remove the benches and plants by Thursday or risk a fine.
He complied, and moved the trees and brought the benches inside.
“Our efforts to make it a little nicer are being squashed by the city,” Goodside said. “Unfortunately the city is not acting in the true spirit of cooperation and consideration to help small businesses survive during the terrible daily intrusions of the subway project.
“We are operating under especially stressful conditions here and have been for almost three years running and our issues require special consideration from all of the city agencies,” he said. “I cannot see why we should have to remove a small patch of beautiful life and greenery that is not affecting anyone and clearly does not present a safety issue for pedestrians.”
Some business owners in the affected area — which has seen at least 30 businesses close — continue to call for tax breaks or other financial assistance to help while they're struggling.
As the construction site has taken a toll on the Beach Café’s business, the owner of the 44-year-old restaurant tried to find his own ways to "think outside the box."
He’s still hoping to work with the community leaders and the city agencies on getting the plants and benches put back. Goodside said he received a call on Thursday from a DOT official saying they would help guide him through the permit process for available for items like benches and planters.
"This is no longer a normal sidewalk. This no longer a normal neighborhood. Our issues are unique and we believe that we should be handled in a special manner," said Goodside, whose business has dipped 30 percent since construction started.
He's worried it could fall further. The first phase of subway construction, from 63rd to 96th streets, is expected to last until December 2016.
“We put our own money and our creative efforts into transforming the front [of our restaurant],” Goodside said. “You can’t get much closer to the muck house than we are. We have 20 trucks a day passing through, dynamite going off five times a day, all kinds of jackhammers, cranes, cement movers and construction workers parading past our door on a daily basis.”
A DOT spokesman said the city had previously helped to move the restaurant's outdoor cafe around the corner to 70th Street so it could remain open and has been working with Second Avenue businesses to "find ways to mitigate the impact of the MTA construction zone."
But when DOT inspectors visited the Beach Cafe this week, they "informed the owner that these changes were not allowed under the Administrative Code and applicable rules," the spokesman said.
"Just last month the Mayor’s Community Affairs Unit and several agencies met directly with Beach Cafe ownership and are happy to continue those discussions on what further appropriate, legal steps can be taken to help them through the construction period," he said.
