Between 10 and 15 supporters followed Mike Love, co-owner of Coffee Labs Roasters in Tarrytown, into the already-crowded library at 145 Huguenot St. in New Rochelle this morning for the Board of Health's monthly meeting.

Love and his attorney, Andrea I. Castro, came to discuss the second item on the agenda, a variance request that would allow dogs back into Love's store.

"Today is not a public hearing," said Deputy Health commissioner Dr. Cheryl Archibald, the acting Westchester County Health commissioner. "This is to inform the Board of all the information related to this request."

That information includes documents from Coffee Labs' attorneys and supporting letters from the public.

Last December, a complaint was submitted to the Westchester County Department of Health regarding canines in the 1,000-square-foot establishment. 

The Board of Health took action on the complaint and ended seven years of "dog-friendly service." The move resulted in a wave of support for owners Alicia Kelligrew and Mike Love.

Since then, Kelligrew and Love have been petitioning the county to change their minds and issue a dog variance. Thursday was the first time they have brought the issue directly to the board of health.

Frank Guido, MPA, RS, Assistant Commissioner, Bureau of Public Health Protection, began his presentation with canine photos.

"I have two dogs, and I love dogs," he said. "The question is, can we control the behavior of dogs in a public setting?"

He said the situation at Coffee Labs will set a precedent and that the variances to the New York State code are being considered to minimize risks to staff and customers.

A variance is time-related and will be removed if the establishment doesn't comply with the specifics; a waiver is permanent.

"It (Coffee Labs) is a low-risk establishment, which means there is a low potential for food-borne illness," Guido said. "The store has pre-made muffins, and the staff cut open bagels that they spread with cream cheese or butter."

Love said he posted signs on Coffee Labs' door and window that dogs are allowed inside and that they (dogs) had to be licensed, leashed and vaccinated.

"I found it telling that board members supported outdoor dining where dogs are present," Castro said.

Love noted that it's more likely a customer will get diseases while dining outdoors where insects and birds can drop feces, where squirrels can scamper around, and where dust, dirt and noise will interfere with diners' meals.

"If I find any distinction between Coffee Labs' request other than what Mike pointed out at the meeting, " Castro said, "it is that outdoor cafes often serve FULL menus, and it's even harder to control a dog when they are dealing with all the distractions which are endemic to outdoor cafes." 

Coffee Labs has been in accordance with Board of Health requirements since the day it opened seven years ago.

"We have 19 seats, standard tables, and a bar counter," Love said. "The counters are 36 inches high, and the bar is four-and-one-half feet from the floor."

He said no one has registered a complaint with New York State or Westchester County since he and Kelligrew opened their coffee bar. The only incident regarding inappropriate behavior by a dog was taken care of immediately, and both the dog and its owner were removed from the premises and have not returned.

Love brought the original petition that attracted more than 2,000 signatures since the story first broke across the county (Patch, News 12 and the Journal News gave the issue coverage).

A Facebook page supporting Coffee Labs Roasters had more than 600 fans who back the store.

"Internet reviews (of Coffee Labs) were outstanding," said one Board of Health member.

Tarrytown Patch reported earlier this month that Love and Kelligrew were on top of the issue and have been doing everything they can and more for the dogs to be allowed into their store.

Coffee Labs' unique situation meant the issue was brought to the New York State Department of Health (the county largely follows the policies laid out by the state).

According to Archibald, this is an isolated situation that hasn't occurred anywhere else in the state and that the New York State Board of Health will allow the county to make the final decision regarding whether or not to grant the variance.

"After this decision, there will be a public forum," she said.

"Thus, the support for outdoor dining leads to the logical conclusion that there are no valid reasons to not extend the dog-friendly to the quieter, less food intensive environment that is Coffee Labs," Castro said.

The Board of Health, an independent body of 12 people that reviews all complaints, would have to approve or deny any waiver to Department of Health rulings.

Since none of its members have been to Coffee Labs, they agreed to pay Love and Killigrew a visit before the Board meets in July.