Zoning Board of Appeals (moved from June 20th)
NOTICE
PLEASE TAKE NOTICE that a meeting will be held as to the following matter:
Agency: Zoning Board of Appeals
Village of Sea Cliff
Date: June 29, 2023 (previously scheduled for June 20th)
Time: 7:00 p.m.
Place: Village Hall, 300 Sea Cliff Avenue, Sea Cliff, New York
Subject:
Application of Sean and Meaghan Travis, 119 Adams Street, Sea Cliff, New York, to reconstruct and enlarge a porch, which construction requires a variance of Village Code §138-408 in that the porch will be 10.8 feet from a front property line, where a minimum of 20 feet is required. Premises are designated as Section 21, Block 173, Lot 453 on the Nassau County Land and Tax Map.
Application of Michael Klausmeier, 61 9th Avenue, Sea Cliff, New York, to reconstruct a dilapidated garage, which requires a variance of Village Code §138-416 to permit the garage to be located in a front yard. Premises are designated as Section 21, Block M, Lot 591 on the Nassau County Land and Tax Map.
Application of Mittersill Realty LLC, as owner, and NA Metropolitan Bistro, as tenant, 39 Roslyn Avenue, Sea Cliff, New York, to utilize an additional portion of the premises abutting 10th Avenue as a seasonal courtyard, in conjunction with a restaurant at the premises, which requires an amendment and renewal of a special permit pursuant to Village Code §138-802 to permit the restaurant and outdoor seating. Premises are designated as Section 21, Block 134, Lot 1 on the Nassau County Land and Tax Map.
Application of Ryden and Lanette Rizzo, 335 Prospect Avenue, Sea Cliff, New York, to construct a decorative bog pond, which construction requires variances of the following Village Code sections: (a) 138-516 and 138-1205, in that the pond is located in a front yard, where no such pond may be located, and (b) 115-17, in that the pond will not be fully enclosed with a fence, emptied when not in use or when unattended or covered with a protective covering, where either a fence is required or the pond must be (i) emptied when not in use or when unattended or (ii) covered with a protective covering. Premises are designated as Section 21, Block L, Lot 137 on the Nassau County Land and Tax Map.
Application of Joseph Acerra & Son Realty LLC, 250 8th Avenue, Sea Cliff, New York, to expand an existing accessory structure, modify the use of the structure from storage to a dwelling unit, and create a fourth dwelling unit, which expansion and use conversion requires variances of the following Village Code sections: (a) 138-401, to permit an accessory structure to be used as a 4th dwelling unit on the premises, where such use is not permitted, (b) 138-416, to permit a side yard setback of 2.15 feet, where a minimum of 10 feet is required, (c) 138-1102, to expand an accessory structure, which will increase its existing non-conformity, where no such increase is permitted, and (d) 138-1103(B), to convert an accessory structure to a use that does not conform to the Village Code and enlarge the structure, where no such enlargement is permitted. Premises are designated as Section 21, Block 124, Lot 1588 on the Nassau County Land and Tax Map.
Mittersill Realty, LLC, as owner, and Campground Beer Market, Inc., as tenant, 208 Sea Cliff Avenue, New York, appeal the determination of the Building Department wherein the Building Department determined that the proposed use of the premises is not a use permitted as a special permit use pursuant to Village Code §138-802. In the alternative, applicants seek 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. If the appeal is granted, applicants seek a special use permit to operate a restaurant at the premises. Premises are designated as Section 21, Block 134, Lot 2 on the Nassau County Land and Tax Map.
At the said time and place, all interested persons may be heard with respect to the foregoing matters.
Any person having a disability which would inhibit attendance at or participation in the hearing should notify the Village Clerk at least three business days prior to the hearing, so that reasonable efforts may be made to facilitate such attendance and participation.
All relevant documents may be inspected at the office of the Village Clerk, 300 Sea Cliff Avenue, Sea Cliff, New York, during regular business hours.
Dated: June 5, 2023
BY ORDER OF THE ZONING BOARD OF APPEALS
Sarah Beaudin, Village Clerk