Zoning Board of Appeals
ZONING BOARD OF APPEALS
AGENDA
May 23, 2023
Hearings
Application of Jillian Darne, 29 Clinton Street, Sea Cliff, New York, to construct a door and staircase, which construction requires a variance of Village Code §138-512, to permit a rear yard setback of 24.07 feet, where a maximum of 30 feet is permitted. Premises are designated as Section 21, Block 47, Lot 38 on the Nassau County Land and Tax Map.
Application of PMG Northeast, LLC, c/o Blue Hills Fuels LLC, 700 Glen Cove Avenue, Sea Cliff, New York, to renew a special use permit to operate a gas station, automobile repair station and appurtenant uses, in accordance with Village Code §138-902. Premises are designated as Section 21, Block M, Lots 79-84 on the Nassau County Land and Tax Map.
Application of Beata Kosc, 32 Franklin Ave, Sea Cliff, New York, to construct a curb cut and new driveway, which construction requires a variance of Village Code §A153-2 to permit the curb cuts on the property to be 22.3 feet in total length, where a maximum of 12.5 feet is permitted. Premises are designated as Section 21, Block 99, Lot 7 on the Nassau County Land and Tax Map.
Continued Hearing
“[Applicant has submitted an amendment that requires a new legal notice and a new hearing date]”. Application of Mittersill Realty, LLC, as owner, and Campground Beer Market, Inc., as tenant, 208 Sea Cliff Avenue, New York, to change the use as a craft beer store and tasting room (a use determined to be less intensive and more in character with other uses in the Business A Zoning District based on applicant representations that the proposed was limited to the following: (a) use shall be a retail store and tasting room, with sales of only beer, wine, cider and certain food for on-premises consumption and the retail sale of closed beer for off-premises consumption, (b) hours of operation would be 3pm to 11pm on Mondays through Thursdays, and 12pm to 11pm on Fridays through Sundays, (c) the combined maximum interior occupancy of both levels would be 48 persons, (d) no on-site cooking facilities that produce fumes, smoke or exhaust, and the cooking and food preparation area shall include not more than an under-counter refrigerator, compartments (with no cooking equipment not otherwise proposed and identified by applicant), panini press, microwave and secondary features including a hand washing sink and garbage disposal, (e) access to 10th Avenue shall be limited to delivery services and garbage pick-up, (f) employees shall park in the upper parking area, (g) no live music an no cabaret license, (h) deliveries shall be made only from 9am through 3pm, (i) lighting shall comply with the Village Code, (j) no outdoor food or drink service or consumption, or provision of outdoor seating, (k) if the proposed uses become a use permitted by special permit on account of the modification of the use to require such permit or a modification of the then Zoning Code that renders the use to be a special permit use, then prior such modification, if the use changes, or within 1 year after the Zoning Code is modified, the owner shall make application for a special permit from the Board, (l) the customer entrance shall be via the Sea Cliff Avenue entrance only, and customers may not use any other access door, except in emergency situations, (m) board games, a ping pong table, pinball or similar arcade games are permitted inside the premises, but gambling and betting are prohibited, and (n) private events are permitted, subject to the conditions proposed by the applicant and approved by the Board, including the maximum occupancy limitation), to a use providing for the following combined uses: (i) craft beer store and tasting room, (ii) sale of coffee, tea and pastries, (iii) indoor game room, to include various forms of play (arcade games, pinball and table games), (iv) outdoor standalone food truck station and food sales, (v) outdoor game areas, including bocce and ping pong, (vi) outdoor food service and consumption, including outdoor seating, (vii) live music, (viii) modification of the use previously approved by the Board as a non-conforming use that was less intensive and more in character with the uses permitted in the Business A Zoning District, by (a) providing for uses (ii), (iv), (v), (vi) and (vii), (b) eliminating parking, increasing hours and increasing occupancy, and (c) eliminating the conditions previously proposed and approved as a means of permitting the approved use to operate as a less intensive and more in character use), which combined uses and proposed modifications require the variances of the following Village Code sections: (a) 138-801, to permit the aforesaid uses, which, individually or combined, are neither a permitted use nor special permit use, (b) 138-816, to permit no buffer area, where a 5 foot buffer area is required, (c) 138-1002, to permit less parking spaces than required, if the proposed parking spaces are less than the number of spaces determined by the Planning Board to be required, (d) 138-1001, to permit an intensification of use without providing the required number of parking spaces, (e) 138-1004, to permit no loading spaces, where 1 loading space is required, and (f) 138-1103(A)(1), to permit an enlargement or increase in a non-conforming use, where no such enlargement or increase is permitted. Premises are designated as Section 21, Block 134, Lot 2 on the Nassau County Land and Tax Map.