Public Hearing (Sept. 9, 2008): Application for Special Permit-Outdoor Dining, Brickyard Bistro, 16 Division St.

Written By: Talk of the Sound News

Notice is hereby given that the City Council of the City of New Rochelle, New York, will
hold a Public Hearing on Tuesday, September 9, 2008, at 8:00 P. M., in the Council Chamber,
City Hall, 515 North Avenue, New Rochelle, New York, relative to the application of El-Hawi
Corp. d/b/a Brickyard Bistro, for a Special Permit for outdoor dining at Brickyard Bistro located
at 16 Division Street, Block 415, Lot 36, pursuant to Section 331-95 of the New Rochelle Zoning Code.

The hours of operation shall be restricted from 9:00 A. M. to 9:00 P. M., with no more than 25 tables and a total not to exceed 50 people. Bar, cabaret and music will be prohibited.

The Special Permit will expire on October 31, 2008.

The resolution directing Public Hearing, Resolution No. 160 adopted on July 30, 2008,
follows:

RESOLUTION SETTING A PUBLIC HEARING REGARDING THE APPLICATION OF ELHAWI CORP. D/B/A BRICKYARD BISTRO FOR A SPECIAL PERMIT FOR OUTDOOR DINING AT BRICKYARD BISTRO LOCATED AT 16 DIVISION STREET KNOWN AS BLOCK 415, LOT 36 PURSUANT TO SECTION 331-95 OF THE NEW ROCHELLE ZONING CODE.

WHEREAS, El-Hawi Corp. d/b/a Brickyard Bistro (“Applicant”) has submitted an application for a special permit for fifty (50) seats of outdoor dining at Brickyard Bistro located at 16 Division Street known as Block 415, Lot 36 on the tax assessment maps of the City (“Site”), pursuant to Section 331-95 of the Zoning Code (“Application”); and WHEREAS, the Department of Development has recommended that the special permit be granted on the following conditions:

1. The hours of operation of the outdoor dining area shall be restricted from 9 AM to 9 PM.
2. The special permit shall be for no more than 25 tables with total outdoor seating not to
exceed 50 people.
3. All furniture shall be stacked and secured neatly in the outdoor dining area during hours
of non-use.
4. Outdoor dining in conjunction with a bar or cabaret will be prohibited
5. No music shall be played in the outdoor dining area.
6. The Special Permit shall expire on October 31st 2008; and

WHEREAS, this Council wishes to hear public comment regarding the Application; now,
therefore,

BE IT RESOLVED by the Council of the City of New Rochelle that this City Council
hereby sets a public hearing for September 9, 2008 at 8:00 P.M. in the City Council Chambers to hear public comment regarding the Application; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to publish notice of such public hearing in the official newspaper of the City of New Rochelle at least ten (10) days prior to the afore-detailed public hearing date, the cost of such publication to be borne by the Applicant; and BE IT FURTHER RESOLVED that the Applicant is hereby directed to notify all owners of real property located within two hundred fifty (250′) feet of any boundary of the Site of the date and substance of the afore-directed public hearing, by certified mail return receipt requested not less than seven (7) days prior to the date of public hearing; to post a sign on the site at least fifteen (15) days prior to the date of public hearing; and to file an affidavit of mailing and posting, together with the certified mailing receipts, with the City Clerk prior to the public hearing stating that such notice has been given.

All persons interested are invited to attend said Public Hearing or submit written communications to the City Clerk at or before the Public Hearing.

By order of the City Council dated July 30, 2008, Resolution No. 160.

Dorothy Allen, City Clerk