The long (and extremely boring) zoning saga

Since our opening nine months ago, Campground has become an integral part of the Sea Cliff community, fostering a welcoming environment for families and individuals alike. Our unwavering commitment has always been to contribute positively to the energy and vitality of the village. We have strived to create an inclusive space that brings people of all ages and backgrounds together.

From the very beginning, we envisioned Campground as a place that would attract patrons and foster year-round engagement with the local community. We understood that the exterior of our property played a crucial role in realizing this dream. Consequently, our requests for modifications and changes from the Sea Cliff Zoning Board of Appeals were driven by our desire to ensure the long-term success of Campground and to create equal opportunities for our business, mirroring those enjoyed by other establishments in the village. It is worth noting that we received an overwhelming amount of support, with over 600 letters advocating for our plans and garnering significant public backing.

During our pursuit of the required approvals, it became evident that the Zoning Board of Appeals' previous determination in 2022, which granted us a non-conforming use variance instead of a special use permit, was based on a limited understanding of our operation. The ZBA concluded at that time that our establishment, encompassing aspects of both a restaurant and a retail space, and did not fit into any specific category and thus was considered non-conforming. In simple terms, the combination of two individually permissible elements was in their opinion a non-permitted use.

Excerpt from 2022 ZBA desicion

Because of this determination in 2022, we were not operating under a special use permit like all other establishments in Sea Cliff, but were instead given a go ahead to operate as a non-conforming use, as it was deemed that our use was less intense than the use before us (an automobile repair shop and towing company). However, this situation “trapped” us in a position where any modifications to our outdoor area necessitate a land use variance. Unfortunately, obtaining such a variance is extremely challenging, making it practically impossible to attain.(we could go into the weeds here, but the sheer legalese might literally bore you to death.)

Through a long-winded and extremely costly process, our only way out was to respectfully argue that the 2022 decision should be reconsidered by the Board, as in our opinion it was not based on a complete assessment of the circumstances surrounding our business now that are now in full operation.

We, and the legal professionals we retained, believed that our situation warranted a modification of the conformity determination, taking into account the true nature of our operations now that we are in fact up and running. By considering the evidence, we hoped to demonstrate that our use was in fact conforming and subsequently shouldn’t require the (next to impossible) standards of a use variance.

Still reading? Wow. Ok. Here’s some more information.

Conformity determination of current and future use of Campground.

Recognizing the diverse interpretations of what defines a "restaurant," we wanted to assert that our operation should be classified as such. Our operational model clearly aligns with the definition of a restaurant to a significant extent, with only a small portion (15%) dedicated to retail sales. We wanted to firmly advocate for a revision of the Board's current determination that categorizes Campground as non-conforming, instead reclassifying it as a restaurant subject to regulation under a special use permit. This reclassification would grant us the same privileges enjoyed by the majority of businesses in the village, allowing us to theoretically have outdoor seating and picnic tables, which is a simple yet essential amenity for our patrons.

The process for such rehearing is set forth in the Village Law, which requires a motion by a Board member and a unanimous determination by the Board to reopen the hearing.

The board unanimously refused to even hear our argument. 😤 🤯

This action by the Sea Cliff zoning board effectively creates an insurmountable roadblock when it comes to the use of our outside area, which ensures that any attempt by Campground to make use of our outdoor space is for the foreseeable future deemed as a non-permitted use.

It is disheartening to see such an important matter being so myopically and subjectively decided without wider consideration of the life-or-death significance that outdoor seating can bring to local businesses like ours. Frankly, the ZBA’s decision seems to be at direct odds with the Mayor’s and Trustee’s commitment to helping small businesses in Sea Cliff succeed. Moreover, the lack of transparency in the decision-making process and the appearance of a predetermined outcome decided in the backrooms of our village hall is deeply concerning and undermines the trust we place in our local authorities. We firmly believe that decisions concerning our community's business development should be made with fairness, objectivity, and a genuine understanding of the potential positive impact they can have, rather than adherence to a maze-like and antiquated zoning code that gets selectively applied based on personal relationships and insider access. It is imperative that our zoning board take into account the diverse needs and aspirations of the community it serves, and seek to find ways of helping rather than employing tactics of arbitrary denial and “gotcha” legal jousting.

The final verdict

It's important to highlight that the board's final decision did include some favorable modifications to our indoor operations. We have been granted the ability to extend our operating hours until 1AM on Fridays and Saturdays, and our occupancy limit has been increased from 48 to 74. Additionally, we have been permitted to establish a coffee operation in the future.

While we appreciate these adjustments to our operations, it is also important to note that they provide only a minimal financial impact and hold limited significance for the long-term sustainability of our business. The use of our entire property was a crucial aspect of our request, as we believed it would provide us with a fair opportunity to compete and ensure our viability in the area.

The final minutes can be found here