The Greenport Planning Board issued conditional approval Thursday night for a slightly scaled back restaurant at the former White’s Bait Shop in Bootleg Alley.
The plan, which had seemed destined for approval when it was first presented by principal Richard Webley this winter, hit a sudden snag last week, when village attorney Joseph Prokop said New York state objected.
The problem, Mr. Prokop said, had to do with state jurisdiction over the waterfront and the plan to offer outdoor dining in an area claimed by the state.
It’s still unclear exactly how the state became involved in the application. Village administrator David Abatelli hasn’t returned a call seeking comment.
The problem was resolved when attorney Patricia Moore, who represents Mr. Webley, told planners her client was willing to limit the outdoor seating to the area that owner Cheryl Inzerillo’s deed clearly shows as part of her property.
That means there would be only four outdoor tables, instead of six as first proposed. They would seat a maximum of 22 people. There would also be 18 seats inside.
Board members agreed that if Ms. Inzerillo is eventually able to prove ownership of an additional 10 to 20 feet of disputed land on the harbor, Mr. Webley could apply for expansion of his site plan.
The Planning Board set several conditions:
• The approval applies only to Mr. Webley and his partners. It wouldn’t allow Ms. Inzerillo to rent to another tenant for a restaurant use if Mr. Webley were to leave.
• Before a certificate of occupancy is issued, a final site plan showing all materials and lighting has to be filed by the applicant.
• There is to be no music.
• The restaurant operators must use non-disposable utensils, napkins and plates as a means of controlling litter.
• A minimum 10-foot right of way must be maintained for pedestrian traffic along the waterfront.
• The applicant must return to the Planning Board in October and again the following April to review the operation.
• Ground cover in the area where the outside tables are located must be of a permeable nature.
• No canopy may be erected and umbrellas at outdoor tables must be brought inside at night.