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PUBLIC TESTIMONY
Testimony by Emma Culbert, President of SPaCE Block Association, on Le Dive Sidewalk Cafe Application
1:05:16
ยท
150 sec
Emma Culbert, a long-time Lower East Side resident and president of the SPaCE Block Association, testifies against the Le Dive sidewalk cafe application. She cites numerous violations of regulations and negative impacts on the community's quality of life as reasons for opposing the additional outdoor seating.
- Culbert alleges that Le Dive has violated stipulations of their liquor license, outdoor dining rules, the Americans with Disabilities Act, and the Smoke Free Air Act.
- She highlights issues such as increased noise, smoke, pedestrian congestion, public intoxication, and trash in the neighborhood.
- Culbert challenges statements made by Le Dive's lawyer, particularly regarding communication attempts and the interpretation of 311 complaints.
Emma Culbert
1:05:16
Good morning.
1:05:16
My name is Emma Colbert.
1:05:18
I'm a twenty plus year resident of the Lower East Side and also a president of a long standing block association called SPACE.
1:05:24
I'm raising my family 200 feet from L'Dive.
1:05:27
Our block association met with John Niedek in July 2021, and we came to an agreement regarding ours and pressed and impressed upon him the vibe of our neighborhood.
1:05:37
Since the dive opened almost three years ago, they've preyed upon the community with zero concern for their neighbors.
1:05:42
The dive regularly flout stipulations dictated by their New York State liquor license as well as dine out stipulations.
1:05:50
They also have been in gross violation of the American Disability Acts.
1:05:55
Finally, they have constantly have patrons standing in and amongst their outdoor tables, smoking tobacco, cannabis, vaping at the tables thus violating the Smoke Free Air Act.
1:06:05
They've created a huge quality of life issue for residents who live in my community, namely the massive increase of volume of noise, smoke, pedestrian congestion, public intoxication and trash.
1:06:19
I'm not gonna go into so much about the numbers of seats as Sandy went through that.
1:06:25
But considering the gross lack of enforcements of legally agreed upon stipulations, the Smoke Free Air Act and Open Container Law, we implore you to rein in the situation which the DOT has created and Ledive has exploited.
1:06:41
Without these 18 seats, they would still have a massive outdoor footprint more than any other more by 30 seats more than any other restaurant in the neighborhood.
1:06:51
I wanna address a couple of comments that the lawyer said, and that is at the 75 plus three one one complaints is a communication to Ledive that there is an issue, as well as that many of the people directly affected in this neighborhood are Chinese immigrants who speak solely Chinese.
1:07:07
So I don't know who he thinks is gonna come up and speak with him.
1:07:09
They are also capable of searching 311 complaints.
1:07:12
You can do it.
1:07:13
I can do it.
1:07:13
Anyone can do it.
1:07:14
So therefore, John and his team have not done their due diligence.
UNKNOWN
1:07:18
Time to fight.
Emma Culbert
1:07:18
Further, John should not be required to have a sit down to review his stipulations as he's required by law and that also that there's no adjudicated violations because the DOT and NYPD are grossly understaffed and have not been on top of managing bad actors.
1:07:35
John and his lawyer prefer that we go after the SLA license, we can do that.
1:07:39
And finally, three or four employees for 18 seats, that's simply just not the case.
1:07:45
Thank you.
Kevin Riley
1:07:45
Thank you.