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Long Beach ZBA removes time restriction on LB Coffee & Tea variance after debate over enforcement
Summary
The Zoning Board amended a previous variance to remove a time-of-day restriction on LB Coffee & Tea’s operations after counsel said time limits on local approvals may be preempted by the New York State Liquor Authority; neighbors urged caution, citing noise complaints.
The Long Beach Zoning Board of Appeals voted to remove a time restriction that had been placed on LB Coffee & Tea’s conditional variance, concluding the local limit could be unenforceable because the State Liquor Authority regulates hours for establishments that sell alcohol.
Kenneth Apple, attorney for Long Beach West LLC (doing business as LB Coffee & Tea), asked the board to remove or extend a condition that had required the business to stop service earlier than other establishments. Apple said the business had operated under the condition for a year but that…
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