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HomeMy WebLinkAboutAbigail Kirsch Resolution 2022-9-14 On a motion made by Trustee Epstein and seconded by Trustee Morlino the following resolution was adopted. RESOLUTION PERMITTING ABIGAIL KIRSCH'S TEMPORARY USE AND OCCUPANCY OF KITCHEN FACILITIES AND ASSOCIATED BACK OF HOUSE FACILITIES OF HOTEL PROPERTY FOR OFF-SITE CATERING SERVICES WHEREAS,Cuddy&Feder,LLP submitted a letter on behalf of the property owner, Rye Hotel,LLC("Applicant"),to request authorization from the Village Board pursuant to Village Code§21-1 of the to permit the use and occupancy of certain hotel kitchen facilities for off-site catering services as a customary accessory use to such hotel, regardless of whether rooms are currently available for stays or otherwise actively open; and WHEREAS,Rye Hotel,LLC owns property located at 699 Westchester Avenue,Rye Brook New York 10573,designated on the Tax Map of the Town of Rye as Section 135.74,Block 1,Lot 8,located in the Hotel(H-1)Zoning District(the"Property");and WHEREAS,the Property is approximately 35 acres and was developed with a hotel in 1970 and previously operated as Hilton Westchester(the"Hilton");and WHEREAS,the Hilton permanently closed its doors in July 2020 during the COVID-19 pandemic;and WHEREAS,Rye Hotel,LLC continues to maintain the Property and explore various options to reopen the site;and WHEREAS,according to the Applicant,a hotel manager'caretaker has continuously lived on-site full time to oversee the Property and its maintenance;and WHEREAS,under Village Code§250-34,lands located in the H-1 Zoning District may be used for hotels and uses customarily accessory thereto;and WHEREAS,Rye Hotel LLC leased a certain portion of the Property to Galaxy Restaurants Catering Group,LP d/b/a Constellation Culinary Group,commonly known as Abigail Kirsch,for a period commencing May 1,2022 and terminating April 20,2023 (a copy of the lease is attached hereto as Exhibit A);and WHEREAS,Abigail Kirsch plans to utilize the hotel's existing kitchen facilities to support their catering business and service off-site events;and WHEREAS,the Village Building Inspector has questioned whether the tenant can operate an off-site catering business as an accessory use to a principal use(hotel)which is not currently in operation;and WHEREAS,with respect to property located in the H-1 Zoning District,Section 21-1 of the Village Code authorizes the Village Board of Trustees to"waive or modify the provisions of any chapter of the Village Code regarding applications,permits, authorizations,and/or determinations that the Board of Trustees finds,in its absolute discretion,involve a development of substantial public importance and the exercise of this discretion results in a benefit to the community;"and WHEREAS,the Applicant has requested that the Village Board waive or modify Section 250-34 of the Village Code for the purpose of allowing Abigail Kirsch's occupancy of the hotel site,as part of its catering business,as described in the Applicant's August 19, 2022,letter to the Village Board,notwithstanding that the hotel is currently closed;and WHEREAS,it is proposed that Abigail Kirsch will use the Property for food preparation only,and for all lawful activities normally incidental thereto and related to the conduct of Abigail Kirsch's business and for no other purpose;and WHEREAS,Abigail Kirsch's occupancy involves no practical change in the use of the Property or kitchen facilities compared to the use of the Property and such facilities during the operation of the Hilton Westchester;and WHEREAS,no external changes to the building or parking and loading areas of the hotel are proposed as part of Abigail Kirsch's use;and WHEREAS,in leasing the kitchen facilities,and allowing the short-term use of the kitchen facilities for Abigail Kirsch's catering business,Rye Hotel LLC intends to put Abigail Kirsch in a position to be prepared to serve food and beverage to guests of the hotel in the event the hotel re-opens. NOW,THEREFORE BE IT RESOLVED,that pursuant to Village Code§21-1,the Village Board finds that: a. The future of the Property is of substantial public importance in the Village and Abigail Kirsch's presence will help facilitate its return to full use;and b. Abigail Kirsch's use of the property will incrementally increase the tax revenue generated by the Property without any impact on the community. BE IT FURTHER RESOLVED,that pursuant to Village Code§21-1,the Village Board hereby waives or modifies Village Code§250-34 to the extent necessary to authorize Abigail Kirsch to use and occupy the hotel's kitchen and back of house facilities as a customary accessory hotel use,notwithstanding that the hotel is currently closed,in the location and manner described in the Applicant's August 19,2022 letter to the Village Board and the enclosures thereto,upon the following conditions: a. Abigail Kirsch shall be permitted to use and occupy the Property to support its off-site catering business for a period of one year from the date of this Resolution. b. Upon written request by the property owner,the Village Board of Trustees may permit Abigail Kirsch to use and occupy the Property for additional periods of up to one year each if the Village Board,finds that such extension is warranted by the particular circumstances involved and determines that the owner is diligently pursuing the re-opening of the hotel or other viable alternatives to develop and occupy the Property. c. Abigail Kirsch shall not assign,transfer or convey any of its respective rights issued pursuant to this Resolution unless approval is first obtained in writing from the Village Board. d. Rye Hotel,LLC shall continue to vigorously seek to correct all deficiencies outlined in the Building Inspector's inspection reports and shall continue to call the Building Department for follow-up inspections of same to confirm code compliance. e. Abigail Kirsch shall use the Property for food preparation only,and for all lawful activities normally incidental thereto and related to the conduct of Abigail Kirsch's business and for no other purpose. f. Abigail Kirsch shall not use the Property for on-premises dining,catering,or as an event space of any nature. TRUSTEE EPSTEIN AYE TRUSTEE FISCHER AYE TRUSTEE HEISER AYE TRUSTEE MORLINO AYE MAYOR KLEIN AYE State of New York County of Westchester ss: Village of Rye Brook I hereby certify that this is the Resolution adopted by the Board of Trustees of the Village of Rye Brook which was duly passed by said Board on September 13,2022 IN WITNESS WHEREOF,I have hereunto set my hand and affixed the Seal of the Village of Rye Brook,this 14th day of September 2022 Villag Jerk i I