June 8, 2009
Request renewal of outdoor seating permit.
Since there has been no negative feedback about the restaurant's outdoor seating during the past year, the Planning Board voted to renew the permit for five more years. All the conditions placed on the previous permit will remain in place. The applicant asked if the white fencing around the outdoor seating area could be replaced with dark green fencing, since the white fencing was easily scuffed and looked shabby. Originally the Planning Board specified white fencing to be consistent with the white fencing already in place at nearby Bloom's Delicatessen, but now that Bloom's is no longer in business, the Planning Board approved the color change for Finnegan's. The applicant needs to get samples of the new fencing approved by the Planning Department.
Bloom's Kosher Delicatessen
May 5, 2008
Section 37.18 Block 2 Lot 57
Location: 339 Downing Drive, Yorktown Green, Yorktown Heights
Contact: Matt Bloom, Owner
Description: Renewal for an outdoor seating area for 20 patrons at 10 tables in front of Bloom's Deli.
Resolution #07-10 expires on May 20, 2008.
Since there were no problems the first year this permit had been in effect, it was renewed for three more years with the added condition that no beverages be served without food service to make the permit consistent with the conditions set on neighboring Finnegan's Grill. Mr. Bloom asked if he could also have a logo on his fence, similar to the one being allowed for Finnegan's. The Planning Board has no problem with this, but Mr. Bloom will have to bring in his proposed sign design for approval and then the permit will be amended.
Starbucks aka Emilio's Castle
June 23, 2008 work session
Section 37.14 Block 2 Lot 56
Location: Commerce Street, Yorktown Heights
Contact: Chris Sackett, Facility Service Manager
Description: Re-permitting of existing outdoor seating area approved by Resolution #05-15 dated June 13, 2005 and expired on June 13, 2006.
The applicant said the parking plan had been revised to allow room for two dumpsters and one employee parking place. Mr. Tegeder said that the material on the outside of the dumpster enclosure had to match the outside of the building. The Planning Board took the applicant to task for the amount of litter in the outdoor seating area and in the parking lot. This is true especially in the mornings because the outdoor seating area is an attractive hangout after hours. The Board emphasized that Starbuck's has to do a much better job of keeping the area clean. Mr. Klaus pointed out that Starbuck's gets the use of Mitchell Hardware's parking lot without any formal parking agreement, that “Mitchell's puts up with a lot”, so Starbuck's should make an effort to reduce its impact on its neighbor. Mr. Tegeder was directed to review the parking plan to make sure it meets all requirements.
October 6, 2008
There was no one representing the applicant at the meeting. The Planning Board was displeased with Starbucks' messy parking lot and how its trash was spilling over onto Mitchell Hardware's parking area. Mr. Klaus maintained that Starbucks did not even police its own seating area on a daily basis. Mr. Giordano suggested the Planning Board not approve this permit extension until a representative was present to hear the Planning Board's concerns about the condition of the property. The applicant's representative will be instructed to come before a work session.
October 20, 2008, special session
Board members expressed their concern about the litter in the parking lot and advised Chris Sackett, the company's Facilities Services Manager, that it would not proceed with renewing the store's outdoor seating permit until they were assured – in writing - that the store had a plan in place to maintain and police the area of a regular basis. Mr. Sackett told the board that he would speak to the district manager whose responsibility it was to get the store manager to actually carry out the maintenance plan.
The board will take up the issue again at its November 10th meeting if a satisfactory plan has been submitted.
May 11, 2009, work session
This item was not on the agenda, but the Planning Board listened to the applicants. The application for renewal of the outdoor seating permit is being held up because of continuing problems with litter from the coffee shop which is spread across the parking lot behind Mitchell Hardware and the Commerce building property. The applicants summarized their attempts to control the litter problem, their schedule of cleaning the area, their schedule of landscape maintenance and progress in re-doing the dumpster area. They reported a continuing problem with youths hanging out in the back parking lot and on the wall bordering the Commerce Building parking lot after hours. They've requested police patrols of the area, but were told the police could not trespass on private property after business hours. The Planning Board suggested the applicants “post no-trespassing after hours signs” and then making complaints to the police and asking then to enforce the no-trespassing restriction. Mr. Giordano also suggested the applicants ask the Town Board to direct the Police Chief to increase patrols.
July 13, 2009
After agreeing with the applicant that the site had been adequately "cleaned up" and that the police had been helpful in reducing the amount of loitering on the site, the board went into special session to approve the outdoor seating permit for the same number of seats as previously approved. The permit will be for 3 years but will be subject to a once a year review in July based on a "if we have a problem, we'll call you in" basis.
The previous permit expired in 2006 and the site has been without an approved permit since then. Part of the problem, the board noted, was that in the intervening years, the ownership had changed hands.
After agreeing with the applicant that the site had been adequately “cleaned up” and that the police had been helpful in reducing the amount of loitering on the site, the board went into special session to approve the outdoor seating permit for the same number of seats as previously approved. The permit will be for 3 years but will be subject to a once a year review in July based on a “if we have a problem, we'll call you in” basis.
The previous permit expired in 2006 and the site has been without an approved permit since then. Part of the problem, the board noted, was that in the intervening years, the ownership had changed hands.
Miracles Bar & Grill
SBL: 37.18-2-84
345 Kear Street
Contact: Anthony Romano, Jimmy Bobolaks, owner
Description: Installation of a new outdoor seating area to accommodate 42 seats.
The application is for a 900 sq. ft seating area containing 42 seats on the side of the building facing Kear St. This patio will be made of permeable brick pavers and be surrounded by a retaining wall. There will be a 5 ft charcoal barbecue grill on an adjacent existing patio area. The Planning Board's concerns include:
Amount of outdoor seating compared to the seating capacity of the existing restaurant
Both Mr. Flynn and Mr. Klaus raised this issue, but the applicant was not asked to reduce the size of the project.
Parking
Parking requirements for restaurants are based on square footage, not seating. The increase in dining area requires 18 more parking spaces. There are 112 spaces available, but these are shared with other tenants of the building. Mr. Tegeder told the applicant to do a parking analysis for the restaurant and outdoor area compared to the hours of operation of the other building tenants in order to verify the assumption that the restaurant will use the parking spaces after the business hours of the other tenants.
The impact of smoke and odors from the barbecue grill on other building tenants
This part of the restaurant operation will take place after business hours of the other tenants.
Use of the area by loiterers after hours
The tables and chairs will be heavy aluminum and will not be taken in at night, inviting use for “hanging out” after hours, but staff remains in the restaurant long after closing so it can keep an eye out. Also there are cameras monitoring the area.
The proximity of the barbecue grill to the building
The application will be referred to the Building Department and the Fire Marshall.
DEP review of the storm water management plan
Probably DEP review is not necessary since the area will be surfaced with permeable pavers, but the applicant will verify this.
The following conditions will be placed on the operation to be consistent with the restrictions placed on other restaurants in town with outdoor seating areas:
Beverages can be consumed only with food. Just drinking will not be allowed on the patio.
No amplified music.
No new seatings after 9:30 pm
The dumpster area on the site will be cleaned up and its screening refurbished.
June 8, 2009, work session
Since the last meeting, Mr. Romano researched the original parking analysis and requirements from when the building was first built. He reported that these records seem to have been lost. Therefore he calculated how many more parking spaces the restaurant would need if 42 outdoor seats were added and how many existing spaces would be left unused because the other tenants would be closed during the restaurant's business hours. He concluded that the site has more than adequate parking, and the Planning Board agreed.
Mr. Klaus repeated the Planning Board's concern about the large number of outdoor seats requested, considering that the site has residential neighbors. Mr. Romano pointed out that the seating at Miracles would be on the restaurant's property, not on the public sidewalk as is the case with Finnegan's, but nevertheless, he said the applicant would agree to an incremental approval of the outdoor seating. The Planning Board decided to allow 28 outdoor seats to start with, then increasing the number after the first year if there is no negative feedback. The applicant, Mr. Bobolaks, asked for permission to build the full-sized dining patio at this time, rather than incrementally which would be more expensive. The Planning Board okayed this.
The patio will be made of pavers with gaps between them to allow water to permeate into the ground. Ms. Steinberg advised that the DEP would need to approve this choice of material and the applicant should be forewarned that the DEP takes a long time to give feedback.
There will be a 4 ft wall around the dining pad, which will be 2 ft above street level to protect diners from cars that might inadvertently running across the grass.
Mr. Klaus summarized the Planning Board's questions about enforcement of the restrictions put on outdoor seating areas. Is enforcement done by the police or the code enforcement officer of the Building Department? This question is being researched. So far there have been few enforcement issues, but restaurant outdoor seating is becoming more popular in town, so the enforcement issue should be clarified.
The project still needs input from NYC DEP and ABACA.
A public hearing was set for July 13, 2009. The applicant hoped the Planning Board could move quickly to approve the plan, since the outdoor dining season is about to begin. The applicant was told to come to the June 22, 2009 work session so details could be worked out before the public hearing.
June 22, 2009, work session
The details and wording of the approval resolution were reviewed in preparation for the next regular Planning Board meeting. This advance review was done so that the project can be quickly approved at the next regular meeting. The applicant is anxious to get approval since the outdoor dining season is upon us.
July 13, 2009
Public hearing on outdoor seating permit
Mr. Romano reviewed the plans for the outdoor seating area. ABACA has approved the use of a brick wall to set off the seating area in addition to the site's landscape plan. The area will be covered with a canopy that will remain in place until the end of the outdoor eating season. The only additional covered area will be in the food prep area in accordance with Westchester County Department of Health requirements. An outdoor grill will also be in the area.
The permit will be limited to 28 seats with the board reviewing the possible addition of up to 42 seats later. The applicant will also move his parked truck from the front to the rear of the parcel.
After some discussion the board approved the special permit for one year with the following conditions
1. The outdoor use had to cease by 10pm or earlier if the restaurant closed earlier
2. Food AND beverages would have to be served. Food was defined as items off a menu.
3. The last seating would be at 9:30pm.
4. No outdoor music, dancing or entertainment will be permitted
As there were no public comments, the hearing was closed and the board voted unanimously to approve the special permit.