* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] UH, GOOD EVENING EVERYONE. THE MEETING [ TOWN OF GREENBURGH ZONING BOARD OF APPEALS *DRAFT* AGENDA THURSDAY, February 19, 2026 – 7:00 P.M. ] OF THE ZONING BOARD OF APPEALS FOR THE TOWN OF GREENBERG WILL COME TO ORDER. UH, PLEASE JOIN US FOR A MOMENT OF SILENCE AS WE OFFER OUR CONDOLENCES TO THE FAMILY OF LARRY DOYLE, A FORMER, FORMER ZONING BOARD MEMBER, AND THANK HIM FOR HIS 20 PLUS YEARS OF SERVICE TO THE TOWN OF GREENBURG. OKAY. WE HAVE SEVEN CASES SCHEDULED FOR TONIGHT'S MEETING, HOWEVER, ZBA CASE 25 13 TACO BELL IS CLOSED FOR DECISION ONLY, AND THE APPLICANTS HAVE REQUESTED TO WITHDRAW THEIR APPLICATION. UH, ZBA CASE 25 38 SUNNINGDALE COUNTRY CLUB IS CLOSED FOR DECISION ONLY AND ZBA CASE 25 36 1 LAWRENCE STREET REALTY WAS CURRENTLY BEFORE THE TOWN AND PLANNING BOARDS AND CANNOT BE RESOLVED UNTIL A SECRET DETERMINATION HAS BEEN COMPLETED. AS SUCH, I AM RECOMMENDING THE BOARD CONSIDER A VOTE TO ADJOURN THIS APPLICATION TO THE Z B'S APRIL 16TH, 2026 MEETING. WHICH ONE WAS THAT? 25 36 TO HAVE A MOTION TO ADJOURN CHAIRMAN'S FIRST. OH, OKAY. LET'S DO ATTENDANCE. OKAY. OKAY. ALL RIGHT. WE'RE GONNA BEGIN, UH, ROLL CALL EVE. BUNTING SMITH IS ABSENT. CHRISTIE N HERE IS PRESENT. LOUIS CRITCHLOW IS ABSENT. DIANE HUBLEY HERE IS PRESENT. WILLIAM BLAND IS ABSENT. SHAUNA JENKINSON PRESENT IS PRESENT. PETER BLAIR HERE IS PRESENT. AND THAT CONCLUDES OUR ROLL CALL MADAM CHAIR. OKAY, THANK YOU. ALRIGHT, I'M GONNA DO THAT ONE MORE TIME. UM, ZBA CASE 25 36 1 LAWRENCE STREET IS CURRENTLY BEFORE THE TOWN AND PLANNING BOARDS AND CANNOT BE RESOLVED UNTIL A SECRET DETERMINATION HAS BEEN COMPLETED. AS SUCH, I'M RECOMMENDING THE BOARD CONSIDER A VOTE TO ADJOURN THIS APPLICATION TO THE ZBA A'S APRIL 16TH, 2026. SECONDED. MEETING. ALL IN FAVOR? AYE. AYE. AYE. AND I VOTE. AYE. UH, LOOKING FORWARD, THE ZONING BOARD WILL HAVE OUR NEXT REGULAR MEETING ON THURSDAY, MARCH 19TH. PLEASE MARK YOUR CALENDAR ACCORDINGLY. UH, WE MAY LIMIT TIME TO HEAR EACH CASE. IF WE CANNOT FINISH HEARING A CASE, IT WILL BE ADJOURNED TO ANOTHER MEETING TO BE COMPLETED AT THAT TIME, AS IN THE PAST. IN ORDER TO SAVE TIME, WE WILL WAIVE THE READING OF THE PROPERTY LOCATION AND THE RELIEF SOUGHT FOR EACH CASE. HOWEVER, THE REPORTER WILL INSERT THIS INFORMATION IN THE RECORD. THIS INFORMATION ALSO APPEARS IN THE AGENDA FOR TONIGHT'S MEETING. AFTER THE PUBLIC HEARING OF TONIGHT'S CASES, THE BOARD WILL MEET TO DISCUSS EACH CASE. EVERYONE IS WELCOME TO LISTEN TO OUR DELIBERATION, BUT THE PUBLIC WILL NOT BE PERMITTED TO SPEAK OR PARTICIPATE. AFTER OUR DELIBERATIONS ON ALL THE CASES, WE WILL ANNOUNCE THE BOARD'S DECISION FOR THE FORMAL RECORD AND BE BROADCAST TO THE COMMUNITY. IF YOU'RE GOING TO SPEAK TONIGHT, YOU MUST COME TO THE MICROPHONE AND STATE YOUR NAME AND ADDRESS OR YOUR PROFESSIONAL AFFILIATION. UH, WE HAVE HEARD TESTIMONY ON ONE OF THESE CASES AT PRIOR MEETINGS. ALL PRIOR TESTIMONY IS ALREADY IN THE RECORD AND SHOULD NOT BE REPEAT REPEATED. THE FIRST CASE WE WILL HEAR TESTIMONY ON TONIGHT IS CASE 25 32 EEC POY POE. 10 OLIVER AVENUE. I DID THAT ONE. EVERYONE ELSE? MY NAME IS CHRISTINE. OKAY, THANK YOU. ALRIGHT, I'M HERE TO PRESENT MY CASE WITH REGARD TO THE PATIO AND, UH, THE COMMERCIAL VAN THAT I HAD AT MY PACKING SPACE. UH, IT HAS BEEN A VERY HUGE STRAIN ON ME AND MY FAMILY WITH REGARD TO THE PACKING. BUT BASED ON THE LAST MEETING WE HAD, UH, UM, I AM COMPELLED TO ACTUALLY FIND A WAY TO MOVE MY VAN TO SOMEWHERE ELSE TO RENT, TO BE, TO PACK MY VAN. SO, AS A RESULT OF THAT, I'M PAYING RENT SOMEWHERE [00:05:01] ELSE JUST TO HAVE THE VAN, JUST TO AVOID ALL THE, UH, TO AVOID HAVING ANY PROBLEM WITH THE COMMUNITY. SO IT'S ACTUALLY BASED ON THAT, IT'S ACTUALLY GIVING ME A REAL FINANCIAL STRAIN IN KEEPING UP WITH THE MORTGAGE. SO, AS A RESULT OF THAT, I'M HAVING SERIOUS DIFFICULTY BEING ABLE TO, UH, READJUST THE PATIO, UH, SITUATION THAT I'M BEING TOLD TO RESTRUCTURE. 'CAUSE I CANNOT AFFORD IT AT THE MOMENT. 'CAUSE THINGS ARE LITTLE HARD FOR US BASED ON THE ECONOMY OF THE, UH, COUNTRY AT THE MOMENT WITH THE FAMILY, WITH MY FAMILY. SO THAT'S WHAT I'M BRINGING HERE TO PRESENT. I HAVE A STATEMENT WRITTEN OUT THAT I WOULD LIKE TO SHARE WITH THE BOARD MEMBERS SO THAT THEY CAN TAKE A LOOK AT IT AS TO MY OWN, UH, UH, SITUATION. PLEASE, COULD YOU SPEAK UP A LITTLE OR PUT THE MICROPHONE CLOSER? THANK YOU. OKAY. SO, LIKE I SAID, I'VE MOVED, I'VE RESOLVED TO MOVING THE VAN TOTALLY FROM THE ENVIRONMENT AND FIND A RENTAL PLACE TO WHICH I'M PAYING ON A REGULAR BASIS, JUST TO HAVE IT AWAY FROM THE ENVIRONMENT. SO, AND THAT'S COSTING ME SOME GOOD AMOUNT OF MONEY IN PLACE. SO, AND AT THE MOMENT, I, I DON'T HAVE, I CANNOT AFFORD TO PAY FOR THE, I MEAN, TO READJUST THE PATIO, WHICH IS BEING, SAY THE PATIO IS CURRENTLY ON THE PROPERTY BECAUSE THE PATIO WAS ALREADY MADE PRIOR TO ME, TO US PURCHASING THE PLACE. IT'S NOT, WE'RE NOT THE ONE THAT ACTUALLY PURCHAS, I MEAN, PUT A PATIO. SO WE DON'T REALLY HAVE ANY, UH, IT WAS PURCHASED AS IS AND WE DON'T HAVE ANY WAY OF, DO YOU HAVE ANY PICTURES, ANY PHOTOGRAPHS OF THE PATIO? YEAH. UH, NO. IT'S JUST THE ONLY ONE I HAVE. JUST THE, THE SURVEY I DID. CAN SOMEBODY POINT WHERE THE PROBLEM IS? SO THAT'S THE PART OF THE PATIO LOOK, THE SITE, YES. IS IS THIS THE PART OF THE PATIO THAT HAS TO BE REMOVED? YEAH, THAT'S THE ONE THEY'RE TALKING ABOUT? YES. THIS YES. DANGLE YES. ON THE, ON THE SIDE? YES. OKAY. WHAT IS THAT MADE OUT OF? UH, WHAT'S THE NAME? UH, PAVERS? YES. MORE OR LESS? YES. THEY'RE PAVERS. IT'S PAVERS. YES. SO THE PAVERS, CAN I, CAN'T THE PAVERS JUST BE PICKED UP? NO, THIS, THE WAY THEY DID IT, THAT THEY ATTACHED IT LIKE A, IT JUST MEANS THEY LOCKED INTO IT. THEY VERY GOOD. THAT'S RIGHT. THEY CONNECT VERY GOOD. BUT THAT MEANS THEY UNCONNECT, THEY WHAT? NO, NO, THEY, THEY STICK TO, THEY CAN'T REALLY PULL IT OUT. THEY HAVE TO DO SOME, UH, MANUAL, UH, UH, BREAKING MORE OR LESS. SO WHAT THE APPLICANT IS SAYING, THAT THEY ARE PAVERS, BUT THEY'RE CEMENTED TOGETHER. VERY GOOD. I'LL, I'LL SEE. THANK YOU. DOES ANYONE ELSE HAVE ANY QUESTIONS ON THE BOARD WHILE SHE LOOKS? ONE MORE. IF YOU SAY YOU CAN'T AFFORD TO TAKE UP THE PAVERS NOW. YEAH, YEAH. IS THERE A TIME LIMIT WITHIN WHICH YOU THINK YOU COULD, I WISH I COULD GIVE YOU THAT, BUT IT'S TWO YEARS. MY KIND OF, YOU HAVE ONE YEAR IN, WE NORMALLY GIVE PEOPLE ONE YEAR. OKAY. MY, MY KIND OF BUSINESS IS A TYPE THAT, UH, THAT FLUCTUATES. IT FLUCTUATES. SO IT'S JUST WHEN I'M ABLE TO CAPABLE OF DOING IT, I'LL JUST TAKE NO, DO IT, DO IT. BUT IT'S JUST THAT I CANNOT GIVE YOU A TIMEFRAME OF THIS AT THIS TIME. I CAN GET IT DONE BECAUSE OF THE NATURE OF MY FINANCIAL, YOU KNOW, BUSINESS. YOU DON'T HAVE TO ANSWER THIS QUESTION, BUT WHAT TYPE OF BUSINESS IS IT? OH, TRANSPORTATION. TRANSPORTATION. BUSINESS OF THE DISABLED. HE DOES POWER, POWER TRANSFER. VERY POWER TRANSIT. THIS ISN WHERE HE WAS PARKING HIS CAR? YES. THIS IS A PART AND PARCEL OF THE SAME CASE, RIGHT? YEAH. BUT HE WAS PARKING THE CAR ON THE OTHER SIDE. I THOUGHT. YEAH. IT DOESN'T HAVE TO DO WITH THE PATIO. HE WANTED TO PARK IN BOTH, BUT THAT DIDN'T HAPPEN. HE'S PARKED, HE WAS PARKING IN FRONT AND HE WAS PROPOSING TO PARK ON THE SIDE ALSO THE SIDE OF THE PATIO OR ON THE OTHER OPPOSITE SIDE. THERE. I THINK THERE WAS SOME WAY TO GET AROUND THE GARAGE TO THE PATIO. UH, NO, THERE WAS NO WAY OF GETTING AROUND THE, THAT WAS WHAT WE WERE PROPOSING. YEAH, PROPOSING THAT. VERY GOOD. BUT YEAH, I THINK THAT WASN'T POSSIBLE. NO. WHAT? I THINK WE PROPOSED THAT. YES. WHAT? BUT THAT IT, IT WASN'T POSSIBLE BECAUSE OF THE SIZE OF THE VEHICLE. YES. IT'S 10 FEET TOO WIDE WOULD BE TIGHT. [00:10:06] CAN YOU SEE IT? SO ELIZABETH'S LOOK MAY HAVE A PICTURE. CURRENTLY, WHAT ARE YOU USING THE PATIO FOR? UH, IT IS JUST FOR A FAMILY. LIKE WHEN WE HAVE A FAMILY MEMBER OF OUR FAMILY COMING TOGETHER, WE HAVE A GET TOGETHER USING IT AS A PATIO. JUST THAT'S BASICALLY, NOT THAT WE HAVE ANYTHING SPECIAL FOR IT, BUT THAT'S PART OF WHY WE REALLY LOVE THE PLACE. 'CAUSE OF THE WAY WAS MADE AND NICELY DONE. BUT I DIDN'T KNOW IT WAS GONNA BE A PROBLEM ADDING, YOU KNOW, THIS TIME THE PATIO IS A RECTANGLE WITH A, A LITTLE PART GOING HALFWAY UP THE GARAGE. IS THAT HOW IT WORKS? IT'S JUST A RECTANGLE. THEN THEY MADE A LITTLE STEP, STEP CASE DOWN, DOWN TO THE, NO, NO, SORRY, PATIO. NO, FROM THE GARAGE. THERE'S A LITTLE ENTRANCE TO THE, TO THE PATIO? YES. FROM THE GARAGE TO THE PATIO. YEAH. THAT'S HOW IT IS. LITTLE ENTRANCE FROM THERE ON THE RIGHT SIDE. BLESS YOU. IF YOU WERE GIVEN LONGER THAN ONE YEAR TO REMOVE THE PAVERS FROM THAT AREA, COULD THAT BE DONE WITH A SHOVEL OR WITH WHATEVER? I WOULD TRY. THAT'S, THAT'S ALL I CAN REALLY, YOU KNOW, I WOULD TRY TO SEE IF THAT CAN BE DONE. SO, UM, IT'S HARD TO SEE BECAUSE THERE'S, IT'S HARD TO SEE BECAUSE THERE'S A TREE ON THE AERIAL VIEW. UM, WHAT THE, THE PATIO AREA IN THE BACK, BUT LEADING UP TO IT IS ASPHALT. SO IN THE FRONT, UM, AS IT GOES AROUND THE GARAGE, IT'S ASPHALT AREA. ASPHALT, YES. YEAH. AS, AND THEN ASPHALT. AND THEN IT'S HARD TO SEE BECAUSE OF THE TREE. RIGHT. SO I THINK THE ASPHALT ONLY GOES TO THE ENTRANCE OF THE GARAGE AND THERE'S A, A GATE, BUT WE CAN'T SEE PAST THAT BECAUSE OF THE, THE TREE. BUT THAT IS PAVERS THERE. ACCORDING TO THE RECENT SURVEY, IT'S PAVERS. PAVERS, YEAH. UM, BUT WHAT THE APPLICANT IS SAYING IS THAT THEY'RE NOT TRA UH, SAND PAVERS. THEY, THEY'RE ACTUALLY CEMENTED TOGETHER. OKAY. THAT LOOKS LIKE IT'S GRASS. NO, IT'S NOT. RIGHT. , IT'S KIND LIKE THERE. IT'S LIKE HERE. YOU CAN'T SEE BACK. OKAY. OKAY. I DON'T HAVE ANY QUESTIONS. OKAY. IS ANYBODY IN, IN THE AUDIENCE HERE TO COMMENT ON THIS? OKAY, THANK YOU. YEAH. CAN I HAND, CAN I HAND THE, MY STATEMENT? MM-HMM . OKAY. NEXT WE HAVE CASE 25 39, CENTRO HERITAGE, UH, SBE SIX L-L-C-A-K-A, SPROUTS FARMER'S MARKET. AM I WRONG? NO, YOU'RE RIGHT. . OKAY. DID YOU RECEIVE ANY I REACHED OUT ATTEMPT INFORMATION FROM THEM? I DID NOT. I ATTEMPTED TO REACH OUT TO THEM AND I DID NOT RECEIVE A RESPONSE BACK. THANK YOU. OKAY. ALRIGHT, WE'LL SEE. MAYBE THEY COME LATER. UH, THEN NEXT WE HAVE ZBA NUMBER 26 0 2 HILMAR HOLDINGS. L-L-C-A-K-A. DUNCAN. DUNCAN, JIMMY JOHNS. YEAH. OKAY, GO AHEAD. OH, SORRY, GO AHEAD. I JUST FORGETTING THE CHAIR. MY NAME, MY NAME'S JAMES POLINSKY. I'M HERE FROM, UH, SIGN INC. THE SIGN COMPANY. I'M JUST GONNA HAVE YOU, OH, SORRY, YEAH, YEAH. SIGN INC UH, THE SIGN COMPANY PRESENTING TONIGHT FOR, [00:15:01] UH, THE NEW, UH, DUNCAN. UH, JIMMY JOHN'S. UH, WE'RE LOOKING, UH, FOR A NEW SIGN PACKAGE. UH, THE BUILDING IS BEING RENOVATED AND UPDATED TO THE NEW LOOK. UM, IF YOU COULD SPEAK UP, THAT WOULD ALSO BE HELPFUL. OKAY. LEMME JUST, LEMME PUT THIS HERE. SO WE'RE PRESENTING A NEW, SORRY. WE'RE PRESENTING A NEW SIGN PACKAGE, UH, FOR DUNCAN, JIMMY JOHN'S. UH, THE BUILDING IS BEING RENOVATED AND BROUGHT UP TO, UH, CURRENT STANDARDS FOR, FOR DUNCAN. UH, WE'RE PROPOSING SET OF CHANNEL LETTERS ON THE FRONT OF THE BUILDING AS WELL AS THE SIDE OVER THE MAIN DOORS, UH, ENTRANCE OF THE BUILDING AND A NEW MONUMENT, UH, OR PYLON FREESTANDING SIGN. IF YOU, I HAVE A COUPLE PHOTOS HERE ON THE, UM, THE LARGE BOARDS. I DON'T KNOW IF YOU COULD SEE THEM. UM, HOLD THIS. THIS IS THE SIDE WHERE THE, WHERE THE PARKING LOT IS. EVERYTHING WILL BE HAVE A WHITE, UH, THIS IS THE CURRENT STATE. OBVIOUSLY THE, THE SNOW KINDA HELD THIS UP A LITTLE BIT WITH THE RENOVATIONS, BUT THIS IS THE NEW CURRENT LOOK. THE SIDING, UH, HARDY BOARD, SIDING, NO MORE AWNING IN THE FRONT, UH, TEXTURED WOOD FINISH AS WELL AS THE CHANNEL LETTERS. AND THE SAME FOR THE SIDE OF THE BUILDING. UH, EVERYTHING DOWN BELOW HAS BEEN, UH, LIKE A CMU, UM, BRICK OR BLOCK. EVERYTHING'S BEEN REPAINTED, UM, WITH THE NEW GRAY COLORS, UH, THE, TO MEET THE FRANCHISE SPECS. ARE YOU ASKING FOR A VARIANCE FOR HEIGHT? SO OUR VARIANCE, UH, CONSISTS OF, UM, IN THE, YOU'RE, WE'RE NOT ON A CORNER LOT, SO WE'RE ALLOWED ONE SIGN, BUT OUR PARKING LOT AND OUR MAIN DOORS IS ON THE SIDE OF THE BUILDING. SO WE WOULD LIKE ONE SIGN ON THE FRONT ROUTE, NINE A SIDE, AND AS WELL AS ONE ON THE SIDE, UH, OF THE BUILDING. SO SINCE WE'RE NOT ON A CORNER A LOT, WE NEED A VARIANCE FOR THE SIDE OF THE BUILDING. UH, FOR THE SECOND ADDITIONAL SIGN FOR THE FRONT, IT'S ACTUALLY, I GUESS THE, THE LINEAR OF LINEAR FEET WE'RE ALLOWED HALF THE BUILDING SIZE. AND WE'RE ASKING FOR A LITTLE BIT LARGER THAN HALF, SINCE WE HAVE, UH, TWO TENANTS THAT ARE IN THERE, TWO NAMES THAT WE HAVE TO GET ON THE FRONT OF THE BUILDING. AND THE PYLON SIGN IS, UH, I GUESS TOTAL SQUARE FOOTAGE WE NEED A VARIANCE FOR. BUT YOU SEEM TO HAVE, YOU SEEM TO BE ADDING SOMETHING TO THE STRUCTURE OF THE BUILDING. WELL, I MEAN, IT'S, SO IN OTHER WORDS, RIGHT NOW, THE, THE ROOF LINE IS, IS, IS STRAIGHT. AND NOW YOU'RE GONNA HAVE SOMETHING JUTTING ABOVE THAT. NO, THAT'S THE EXISTING, CAN YOU SHOW THE PICTURE AGAIN? YOU WERE JUST HOLDING LOOKS HIGHER. THAT'S JUST A SIGN STICKING ABOVE THE BUILDING? NO, THE BUILD THE BUILDING IS, IF YOU, IF YOU LOOK AT THE PACKET THAT I PROVIDED IN THE EX EXISTING BUILDING THAT REMAINED, THERE WAS AN AWNING THERE THAT, THAT WAS THERE. PRIOR YOU SAID, YOU SAID YOU'RE TAKING THAT THE AWNINGS COMING DOWN, YOU SAID YOU'RE TAKING THE AWNING DOWN. IT COMES DOWN, BUT THAT BUILD, THAT, THAT FASCIA IS THERE. OH, I SEE. BUT IT JUST LOOKS, IT'S JUST AN AWNING THAT'S HIGHER THAN, THAN THE, THE WALL IS HIGHER AS WELL. IS THAT TO SCALE? THAT IS TO SCALE, YES. THAT LOOKS SO DIFFERENT THAN THAT. IT DOESN'T LOOK THAT WAY. ITS A PICTURE VERY DIFFERENT. THAT LOOKS A, LIKE, MAYBE, MAYBE FEET HIGHER. WELL, YOU HAVE, YOU HAD A PITCHED AWNING ROOF. NOW IT'S FLAT. SO THAT MIGHT BE THE, THE HEIGHT DIFFERENCE THAT YOU'RE SEEING. NO, WE'RE TALKING ABOUT THE ROOF LINE OF THE BUILDING. IF YOU LOOK AT THE, THE PHOTO, THE DIFFERENCE BETWEEN THE HEIGHT OF THE SIGN AND THE HEIGHT OF THE AWNING, IT HAS NOT CHANGED. IT HAS NOT CHANGED. I THINK IT'S JUST ONE WORSE THOUGHT. NOW IS THE, IN ADDITION, YOU'RE TO PUTTING, COVERING ANOTHER SIDE. WHAT IS YOUR INTENT FOR THE LIGHT? THE SIGN ON THE LIGHT POLE ON THE POLE IN THE PACKET, IT SHOWS THAT WE WOULD BE CHANGING THAT TO A DUNCAN, JIMMY JOHN'S AS WELL. SO THE, THE POLE SIGN WOULD, THE POLE WOULD REMAIN, WE WOULD CHANGE THE [00:20:01] BOX ON THE TOP. AND WOULD THAT BE THE SAME SIZE IT IS NOW? IT WOULD BE A LITTLE BIT LARGER. IT WAS GOING TO BE, UM, I I MEAN IT LOOKS LIKE IT'S GOING FROM A RECTANGLE TO A SQUARE. IT'S GOING TO A SQUARE. YEAH. SO UNLESS, UNLESS YOU ARE, I'M SORRY, I HAVE IT RIGHT HERE. UNLESS THE WIDTH IS, SO IT, IT'S GOING FROM 24 SQUARE FEET TO 35 SQUARE FEET, 50% UP 40% UP. I, I DON'T KNOW THE EXACT CALCULATION, BUT I THINK IT'S LESS THAN THAT. 24 TO 35. ARE THESE, DID THESE TWO FRANCHISES GONNA BE OPERATED SEPARATELY IN THE BUILDING? NO. SO THERE'S ONE ENTRANCE AND ONE LINE CORRECT? JUST, UH, EXPANDED MENU. WELL, IS IT TWO LINES? IT'S, IT'S ONE BUSINESS EXPANDED MENU. CAN YOU STATE YOUR NAME FOR THE RECORD? MY NAME IS JIM LASH AND I'M WITH DUNKING DONUTS. JIM LASH? LASH. LASH. AND SO THIS IS A, A CONCEPT LIKE, UH, YOU SEE MANY DUNCAN BASKINS, THIS IS A DUNCAN, JIMMY JOHNS. SO IT OPERATES UNDER THE SAME, UH, UMBRELLA. I THINK THERE IS A DUNCAN BASKINS IN THE TOWN OF GREENBURG IN OUR AREA. DO YOU? YES. JIM ALSO REPRESENTS THAT STORE. SO JUST FOR AN ORDER OF MAGNITUDE, THE CURRENT SIDE, THE WORD DUNCAN, APPROXIMATELY WHAT SIZE ARE THOSE LETTERS VERSUS THE LETTERS YOU'RE ASKING FOR IN THE NEW SIDE? ON THE, ON THE NON DOOR SIDE. FACING ROUTE NINE? YEAH. SO THEY WERE, I BELIEVE A 16 INCH LETTER. AND YOU'RE PROPOSING 24. AND WHAT ARE YOU ALLOWED TO DO? NO, I'M SORRY. I'M SORRY. WE'RE PROPOSING A 30 INCH LETTER. 30 INCH. 30 INCH LETTER. YES. ARE YOU'RE DOUBLING THE SIZE? OKAY. YEAH. SO, SO BEFORE IT WAS A MUCH LARGER, YOU KNOW, OR TALLER SIGN BECAUSE IT WAS DUNKING DONUTS. NOW THEY SHORTENED IT TO DUNKING. SO WE'RE, YOU KNOW, BUT NOW YOU'RE HAVING TWO BECAUSE YOU'RE HAVING DUNKING AND THEN YOU'RE HAVING JIMMY JOHN'S CORRECT. NEXT TO IT. CORRECT. SO ESSENTIALLY YOU'RE GOING, YOU'RE DOUBLING THE SIZE OF SIGNAGE ON THE SIDE OF THE BUILDING FOR NINE 80. CORRECT. YOU'RE DOUBLING THE SIZE OF THE LETTERS, BUT, YEAH. WELL, AND YEAH, I MEAN, IT'S TAKING UP THE WHOLE SIZE. IT LOOKS LIKE IT'S MORE THAN DUB, BUT I DON'T, YEAH. COULD YOU SHOW US THE PICTURE OF THAT? BECAUSE WE CAN'T SEE IT WHEN IT'S DOWN THERE, BUT WE'RE ALSO ACROSS THE STREET, YOU KNOW, FROM OTHER, YOU KNOW, THE WHOLE CORRIDOR IS RES UH, COMMERCIAL CORRIDOR, YOU KNOW, UM, MAVIS DISCOUNT TIRE, THEIR SIGNS ARE CLOSE TO FOUR FEET TALL. UM, THEY JUST HAVE A, YOU KNOW, LONGER LINEAR LENGTH OF THE BUILDING, YOU KNOW, AND THEY HAVE MULTIPLE SIGNS AS WELL. THEY HAVE ONE ON THE FRONT, OVER THE GARAGE DOORS. THEY HAVE ONE OVER THE SHOWROOM. UM, THERE'S MANY. SO THAT'S KIND OF OUR, WITH OUR, YOU KNOW, HAVING MULTIPLE SIGNS. THERE'S MANY OTHER STORES AND LOCATIONS. I JUST WANNA CLARIFY SOMETHING. SURE. THIS, THE VARIANCE FOR THIS CORRECT FACE IS FOR THE WIDTH YES. OF THE FULL OF THE TWO. CORRECT. WE'RE ALLOWED TH YOU'RE, WE'RE ALLOWED. SO WE'RE ALLOWED 37. SO THAT'S, SO YOU CAN FIT NEXT TO EACH OTHER. DUNCAN AND, UH, JIMMY JOHN'S. JIMMY JOHN'S, YES. SO THE SIZE OF THE LETTERS, IF I'M FOLLOWING THE LETTERS, CAN BE THAT SIZE. THE LETTERS CAN, WELL, IF YOU LIKE, SAY YOU WERE JUST GONNA YES. YOU, YES. SO WE'RE ALL, THE DUNCAN WOULD STILL LOOK LIKE THAT IF YOU DIDN'T HAVE THE JIMMY JOHN'S AND THEN IT WOULD BE A CONFORMING SIGN. CORRECT. SO THE CODE SAYS THAT THE, THE CODE SAYS THAT WE'RE ALLOWED HALF, SO IT'S THE, I UNDERSTAND. SO WE HAVE 37 FEET, WE'RE ALLOWED HALF OF THAT, WHICH IS 18 SIX. AND WE'RE PROPOSING, UM, 4 24 24 24 4. SO IT'S, IT'S NOT AN INCREASE. IT'S, IT'S NOT, IT'S NOT INCREASED IN HEIGHT OR SIZE. IT'S THE LINEAR, IT'S THE LENGTH. LINEAR LENGTH, YEAH. AND THE WAY THEY'RE ACHIEVING THAT IS BY MAKING THE, INSTEAD OF USING THE SECOND LINE FROM DONUTS FOR JIMMY JOHN'S, THEY'RE JUST MAKING THE FULL [00:25:01] WIN LIFT DUNCAN. RIGHT? THEY MAKING TWICE AS HIGH AND THEY'RE ADDING THE WHOLE JIMMY JOHN'S. NO, THEY'RE NOT MAKING THE DUNCAN TWICE AS HIGH. THE LETTERS? NO, THE LETTERS, NO, THE LETTERS ARE CONFORMING. NO, NO, BUT I'M SAYING THAT INSTEAD OF WHAT WAS TWO LINES IS NOW ONE LINE. INSTEAD OF DOING THE PHONE, THE FRONT ON THE SIDE, THEY'RE THE SIDE INSTEAD UP AND DOWN. I GOT IT. OKAY. SO YOU ARE SAYING YOU'D LIKE THE DUNCAN TO BE SMALLER AND EVERYTHING TO BE SMALLER. SO IT ALL FITS WITHIN ALMOST LIKE WHAT HAPPENS HERE. THAT WAS, THAT WAS WHAT I WAS GONNA ASK. IS THERE A REASON WHY YOU SEPARATED THEM ON THIS SIDE VERSUS DOING ON THE FRONT? WHAT, YOU KNOW, WHAT YOU DID ON THE FRONT WITH STACKING THEM VERSUS PUTTING THEM SIDE BY SIDE? WELL, WE, WE WOULD NEED A VARIANCE FOR THE HEIGHT THEN, UM, REGARDLESS. SO THEN IT WOULD OVER HEIGHT, AND THIS IS REALLY COMES DOWN TO LIKE CORPORATE BRANDING AND THEY KIND OF GIVE US A MODEL OF WHAT THEY WANT US TO FOLLOW AS FAR AS, YOU KNOW, THE BUILDING ITSELF. YEAH. BUT MOST CORPORATE BRANDING, IT'S WITHIN THE LAW OF THE LOCAL VENUE. RIGHT. SO YOU COULD CHANGE IT IF YOU HAD TO. YEAH. SO YOU HAVE NO SIGN SIGNAGE FACING THE HIGHWAY. IN OTHER WORDS, IF YOU, IF YOU'RE DRIVING FROM, UH, 2 87, GET OFF AND GO DOWN THE ROAD, THERE'S, THAT'S THE BACK OF YOUR BUILDING. NOT ON THE, WE DON'T HAVE ANYTHING ON THE BUILDING ORIGINALLY. YES, DUNCAN PROPOSED A SIGN OVER THERE, BUT WE NEEDED ADDITIONAL VARIANCES. PLUS THERE'S ALSO A RESIDENTIAL PROPERTY NEXT TO IT. SO WE WITHDREW THAT FROM OUR APPLICATION. SO WE'RE JUST RE REQUEST, WE'RE JUST ASKING FOR THE TWO SIGNS AND THE FREESTANDING POLE SIGN. SO THREE SIGNS? THREE SIGNS. YES. WE'RE NOT, WE WITH CONSIDERATION OF THE RESIDENCE. RESIDENCE NEXT DOOR. AND WE DIDN'T WANT TO TRY TO PURSUE THAT. I GUESS THIS, UH, OKAY. I DIDN'T, I DIDN'T VIEW THAT. UM, AND THE JIMMY JOHN'S IS WITHIN THE HEIGHT RESTRICTION ALSO ON THE SIDE? UH, YES. OKAY. I THINK WE'RE ALLOWED A TOTAL OF FOUR FEET AND WE'RE UNDER THAT, THAT I, IT LOOKED TO ME LIKE IT WAS ONE FOOT OFF 4.83. I THINK THAT'S THE OTHER SIGN. THAT'S THE OTHER SIGN. THAT'S THE OTHER SIDE. THAT'S THE OTHER SIGN. IS THERE I THINK SANDWICHES. RIGHT. OKAY. I THINK WE HAVE NO IDEA IS SO, OKAY. UM, ANY OTHER QUESTIONS FROM THE BOARD? IS THERE ANYBODY IN THE AUDIENCE HERE FOR THIS? OH, OKAY. COME ON UP. GOOD EVENING. AND GENTLEMEN, MY NAME IS STEVE MARAND, THE OWNER OF THE PROPERTY, RESIDENTIAL PROPERTY RIGHT NEXT TO DUNKIN DONUT. THE REASON I'M HERE, I THOUGHT WHEN I SAW THE SIGN, I THOUGHT THE SIGN IS GOING TO BE ON THE SIDE OF THE PARKING LOT THAT I OWN. AND BASED ON WHAT WE ARE PLANNING TO GET PERMIT TO BUILD THERE, HOPEFULLY SOON I CAME HERE TO OBJECT TO IT, BUT I FOUND OUT THE SIGN IS ON THE OPPOSITE SIDE TONIGHT WHEN I CAME. SO I HAVE NO ISSUE WITH THAT. WHATEVER THEY WANT TO. AND ACTUALLY THEY'VE BEEN A GREAT NEIGHBOR PROVIDED WORK FOR MY TENANT THAT BEEN THERE WORKING, LEAVING THERE. SO I FULLY SUPPORT. OKAY. THANK YOU. OKAY. UM, I DON'T, I DON'T KNOW HOW, LIKE, IF THERE'S, HOW YOUR BOARD WORKS, IF THERE'S FURTHER LIKE COMMENTS OR QUESTIONS THAT YOU HAVE FOR US OR, SO WHAT, WHAT WE'LL PROBABLY WE'LL DELIBERATE AND THEN WE'LL HEAR OUR DISCUSSIONS AND THEN EITHER WE'LL COME TO A DECISION ONE WAY OR THE OTHER, OR WE'LL ASK YOU FOR ADDITIONAL INFORMATION, IN WHICH CASE WE WOULD ADJOURN IT TO NEXT MONTH. OKAY. AND WE, AND I DON'T, YOU KNOW, I JUST, WE WANTED TO POINT OUT TOO IS, YOU KNOW, IT'S KIND OF CRUCIAL THAT SIDE SIGN THAT IS OVER THE FRONT DOORS, UM, ESPECIALLY WITH THE LAYOUT OF OUR PARKING LOT AND EVERYTHING. SO THAT'S WHY WE'RE, AND, AND THE BRANDING, YOU KNOW, REALLY WANTS THAT. BUT LIKE YOU SAID, IT'S, IT'S FISH, BUT I THINK IT'S SOMETHING THAT WE NEED. OKAY. THANK YOU. UM, OKAY. THANK YOU. UH, THE NEXT [00:30:01] MATTER ON OUR AGENDA IS 26 0 3 LAUREN, ER, 54 INVERNESS ROAD. HOW? HI, I AM LAUREN. THIS IS MY HUSBAND MIKE. AND WE HAD A LOT OF TECHNICAL DIFFICULTIES. YOU STILL CAN'T HEAR LOUDER. SORRY. IT'S VERY LOUD HERE. UM, WE HAD A LOT OF TECHNICAL DIFFICULTIES. WE WERE TRYING TO PREPARE A PRESENTATION FOR YOU, AND THEN HIS COMPUTER GOT A VIRUS. SO I JUST WANNA GIVE SOME, UM, CAN WE CONNECT? CONNECT FINE. CAN I CONNECT IT OR NOT? I'M SORRY, I JUST, IS THERE A CORDS IN THERE? IT'S FINE. YEAH. OR DO I, DO I DO THAT? SORRY ABOUT YOUR VIRUS. WANTED A LIST OF TERRIBLE SELF INFL. THANK YOU. WIFI DO I GO TO, OKAY, SO WE, UM, WE'LL START WITHOUT THE WIFI AND, RIGHT. YOU GUYS ARE GOOD. WE BOUGHT OUR HOUSE IN 2002. WE DID SOME RENOVATION IN 2007. AND, UM, FIRST TIME HOMEOWNERS, YOU KNOW, REALLY TRUSTED OUR ARCHITECT, TRUSTED OUR CONTRACTOR. WE ONLY JUST DISCOVERED, UM, THAT IN NOVEMBER, 2025 THAT WE DID NOT HAVE A CERTIFICATE OF OCCUPANCY. SO IT TURNS OUT THAT WE HAD THREE OPEN PERMIT PERMITS FOR THE HVAC, ELECTRICAL, THE PLUMBING. AND OUR, OUR PROPERTY IS TWO DIFFERENT LOTS. SO IT'S 54 INVERNESS AND ZERO INVERNESS. AND ALL OF THE PERMITS WERE ATTACHED TO ZERO INVERNESS. AND I THINK THAT WAS PART OF THE PROBLEM, SO THAT WHEN WE WENT TO CLOSE THINGS OUT OR WHATEVER, IT WAS NOT ATTACHED TO THE HOUSE. AND IN FACT, UM, THERE'S AN OUTSIDE ELECTRICAL COMPANY THAT DOES THE PERMIT INSPECTIONS. AND WHEN WE CALLED TO HAVE THEM COME AND REDO THE INSPECTION IN NOVEMBER, 2025, THEY SAID, IN FACT, WE DID THIS IN 2008. SO THE TOWN ACCEPTED THAT PER, YOU KNOW, THAT INSPECTION. SO ALL OF OUR PERMITS WERE CLOSED VERY EASILY IN NOVEMBER, 2025. AND THEN HAD TO GO THROUGH THE PERMITTING PROCESS. AND I GOT A, UM, AS-BUILT SURVEY, WHICH, WHICH AGAIN, WE ALSO HAD DIDN'T KNOW. ANYWAY, IT TURNS OUT THAT AT THE WIDEST PART OF OUR DRIVEWAY, IT IS 30 FEET, EIGHT INCHES AND THE ALLOWABLE WIDTH IS 30 FEET. NOW, IRONICALLY, THE REASON WE CHANGED THE ENTIRE DRIVEWAY WAS TO ACTUALLY BRING THE DRIVEWAY INTO COMPLIANCE WITH CURRENT REGULATIONS BECAUSE OUR DRIVEWAY USED TO BE 37 FEET WIDE. GOOD. I DON'T, I THINK THAT'S THE, IS THAT THE OLD ONE? THAT'S THE NEW ONE. AND IF YOU WANTED TO PUT UP THE OLD ONE, YOU CAN SEE IT. UM, AND I THINK THE OLD ONE WAS ORIGINAL TO THE HOUSE, WHICH WAS FROM 1928. SO WE WERE TRYING TO BE COMPLIANT. I CALLED MY CONTRACTOR, MY ARCHITECT IMMEDIATELY, WHO WERE BOTH RETIRED. 'CAUSE OBVIOUSLY WE DID THIS WORK SO LONG AGO. AND MY CONTRACTOR REALLY PRETTY MUCH ONLY SAID IN HIS, YOU KNOW, 30 TO 40 YEARS OF DOING BUSINESS. THIS HAS NEVER HAPPENED TO HIM. OF COURSE IT HAPPENED TO ME. UM, ANYWAY, SO WE'VE BEEN LIVING WITH THIS DRIVEWAY SINCE 2007. WE'VE HAD NO WATER DAMAGE. OUR NEIGHBORS HAVE NEVER COMPLAINED, THEY'VE NEVER HAD ANY ISSUES. AND IF I'M BEING HONEST, WE'RE TRYING TO SELL THE HOUSE AND WE NEED THE CFO TO SELL THE HOUSE. AND THE HOUSE IS UNDER CONTRACT. SO, UM, YEAH. OKAY. SO GO AHEAD. NO, NO. I JUST HAVE A COUPLE OF QUESTIONS. YEAH, GO, GO. UM, SO THIS IS THE ORIGINAL PAVING FOR THE DRIVEWAY THAT YOU PUT IN THE ROCK, THE, THE BORDERS ALONG THE SIDE. LIKE YOU NEVER MADE ANY CHANGES? THE NO, NO, NO. WE FULLY CHANGED IT. NO, I MEANT FROM THE, WHEN YOU DID THE CONSTRUCTION. CORRECT. OKAY. NO. OKAY. IT IS AS OKAY. IT HAS NOT CHANGED FROM 2007. OKAY. THAT THAT WAS, YEAH, THAT WAS EXACTLY. AND I JUST ADD ONE OF THE THING, WE OF COURSE, AS I SAID IS SHE SAID, YOU KNOW, WE'VE ONLY EVER OWNED ONE HOUSE, SO WE DIDN'T REALLY UNDERSTAND HOW SOME OF THESE THINGS WORKED. WE ACTUALLY PAID TO GET A SURVEY DONE A COUPLE MONTHS AGO, BUT WE HAD AN AS-BUILT SURVEY DONE AFTERWARDS. THAT WAS IN A FILE THAT I FOUND TONIGHT. UM, SO WE PAID FOR THAT. THAT, STRANGELY, THAT SURVEY DOESN'T HAVE THE FEET MEASUREMENT ON IT. I DO HAVE IT HERE IF SOMEBODY WANTED TO LOOK AT IT, BUT IT DOESN'T ACTUALLY SHOW THE FEET, WHEREAS THE NEW ONE DOES SHOW THE FEET. SO I HAVE NO IDEA IF ACTUALLY THE SURVEY THEY DID IN 2007 WAS DONE. MAY MAY HAVE BEEN APPROPRIATE AT THE TIME, BUT SO THE REALITY IS THAT BETWEEN THE SENDING IT TO THE ZERO INVERNESS, WE, WE NEVER GOT THESE PERMITS. I MEAN IT, SO, AND, AND WHERE IS THE ACTUAL [00:35:01] WIDEST PART OF THE DRIVEWAY? OKAY, SO IF YOU LOOK AT WHAT'S ON THERE, UM, THE WIDEST PART IS RIGHT NEXT TO THE GARAGE. SO FROM CHALFORD LANE, IF YOU COME UP, IT'S TOTALLY FINE UNTIL IT STARTS TO CURVE AT THE CURVE. IT IS, I THINK, 0.6 FEET. IS THAT IT? YEP, THAT'S, THAT'S 30.6. THAT'S 30.6. AND AS YOU GO FURTHER UP TOWARDS THE GARAGE TO THE HOUSE, THE WIDEST PART IS 30.8. OKAY. BUT THE CURB CUT IS FINE AND THE CURB CUT. IN FACT, WE WERE THINKING ABOUT MAKING ALL DIFFERENT PLANS. THIS I REMEMBER, REMEMBER, AND MY ARCHITECT SAID, WE'RE NOT CHANGING THE CURB CUT. 'CAUSE YOU'RE GONNA NEED A VARIANCE AND LET'S NOT GET THE VARIANCE. OKAY. UM, SO THE CURB CUT IS ORIGINAL IT, SO I DON'T KNOW IF THIS ONE THAT'S THE WIDEST PART. I, I THINK IT'S IMPORTANT TO NOTE THAT THEY'RE ACTUALLY DRAINS BUILT IN AT THE WIDEST PART. SO THE WATER, WELL, THERE'S THREE DRAINS AND BEFORE AT THE WIDEST PART IT WAS 37 FEET. I DON'T KNOW IF YOU WANNA SEE THE ORIGINAL SURVEY PRE, UH, RENOVATION? NO. OKAY. DOES THAT MAKE SENSE? UM, DOES ANYBODY HAVE ANY OTHER QUESTIONS ON THE BOARD? IS THERE ANYONE, ANYONE IN THE AUDIENCE HERE TO COMMENT ON THIS MATTER? OKAY, THANKS. THANKS. THANK YOU. THANK YOU FOR YOUR TIME. APPRECIATE IT. UM, IS THERE ANYBODY HERE FROM THE SPROUTS? OH, DO YOU HAVE THE SURVEY? DOES ANYBODY HAVE THE SURVEY? THEY JUST PASSED AROUND. I DIDN'T GET A SURVEY. I DIDN'T HEAR SHE NEEDS FOR THE REST. THAT WAS WHAT THEY WERE HAVING UP THERE. SO NOBODY'S HERE. I THOUGHT IT WAS FOR, UH, CENTRO HERITAGE DROUGHTS MONTHS. I, I BELIEVE THE REPRESENTATIVE MAY HAVE BEEN GOING AWAY ON VACATION AT SOME POINT, SO I DON'T KNOW WHETHER MAYBE THERE'S SOME DELAY OR SOMETHING, BUT I DID NOT RECEIVE A RESPONSE BACK, SO. OKAY. SO WE WILL, AND THERE WAS NO REQUEST, FORMAL REQUEST TO POSTPONE OR ANYTHING LIKE THAT? I SENT A, I SENT AN EMAIL, UH, BUT I DIDN'T GET A RESPONSE TO, I DUNNO ANYTHING ABOUT, I DID SEND A RESPONSE, SORRY, I DID SEND AN EMAIL, UM, INQUIRY, UH, BECAUSE WE DID SEND A REQUEST FOR ADDITIONAL INFORMATION BUT HAVE NOT RECEIVED ANYTHING BACK, SO, OKAY. OKAY. SO WITH THAT, WE ARE GOING TO TAKE A FIVE MINUTE BREAK AND THEN WE WILL, UM, BEGIN OUR DELIBERATIONS. ARE WE ON? OH, HI, UH, EVERYONE. UM, WE, I MOVED THAT, UH, THE BOARD GOES INTO EXECUTIVE SESSION SECOND WITH THE ATTORNEY. WITH THE ATTORNEY SECOND. ALL IN FAVOR? AYE. AYE. OKAY, WE'RE BACK 10 OLIVER PATIO. OKAY. AND THIS IS JUST, JUST, I WANNA CLARIFY FOR MYSELF, THIS IS JUST ABOUT THE PATIO, NOT THE COMMERCIAL VEHICLE. CORRECT? HE'S THAT HAS BEEN, THAT WAS IN DECEMBER. YES. HE'S PARKING THAT ELSEWHERE NOW. OKAY. AND ED, MY QUESTION FOR YOU WAS, NORMALLY WE SAY THE CONDITIONS HAVE TO BE MET WITHIN ONE YEAR. THIS GENTLEMAN HAS SAID THAT FOR FINANCIAL REASONS, HE CAN'T DO THIS IN HERE. IS IT POSSIBLE TO GIVE SOMEONE TWO, I I DON'T EVEN KNOW HOW TO SAY IT, BUT TAKE THAT WE GIVE HIM TWO YEARS TO GET RID OF THE VIOLATION. I I'M NOT FAMILIAR WITH WHAT YOU WERE REFERRING TO THE, THE PATIO ABOUT GIVING PEOPLE A YEAR. ALRIGHT. I GUESS THAT'S WHEN WE GRANT THE VARIANCE. WE'RE SAYING WE'RE NOT, IT'S ABOUT THE CONSTRUCTION, IF THEY'RE DOING ANY CONSTRUCTION HAS TO BEGIN WITHIN A YEAR. SO I MEAN YEAH, THAT'S, I MEAN IT'S THE COMPLETE CONSTRUCTION. NO. YEAH. SO IT'S NOT, I DON'T KNOW HOW TO, I GUESS I, SO I, SO I'M GONNA TAKE A DIFFERENT DIRECTION. I'M ACTUALLY, I DON'T KNOW ABOUT ANYBODY ELSE. I'M OKAY WITH THIS. I MEAN, IT'S IN THE BACKYARD, IT'S EXISTING. HE DIDN'T PUT IT DOWN. UM, IN CASES LIKE THIS, WE'VE GRANTED THE VARIANCES BEFORE. SO I, I WOULD ACTUALLY GRANT THE VARIANCE IN THIS CASE. SAME. MY SENSE IS THAT 10 [00:40:01] FEET, TWO INCHES IS THE WIDTH OF A VEHICLE CAN GET THROUGH TO USE THAT AS A PARKING LOT. OKAY. YOU'RE SAYING IT'S NOT POSSIBLE TO TURN THAT INTO A DRIVEWAY TO THE PARK TO THE BACK? NO, BECAUSE THE SPACE BETWEEN THE GARAGE, IT'S TOO SMALL. YEAH. OKAY. YOU CAN'T GET TO IT. IT'S BECAUSE OF THE ANGLE, THE PARA RUNS OF VEHICLE. IT'S TOO WIDE. YEAH. WE HAD ESTABLISHED THAT BEFORE BECAUSE WE WERE ACTUALLY LOOKING AT THAT AS A OPTION. RIGHT. TO GRANT HIM THE VARIANCE TO PARK. SO IT WOULD BE IN, IN THE BACK. WHAT, WHAT'S THE MEASUREMENT BETWEEN THE GARAGE AND THE, AND THE FENCE? 10 FEET. TWO? IT'S 10 FEET TWO, BUT THE, I COULD SHOW YOU, IT'S EASIER TO SEE IN A PICTURE IF I CAN EVEN MAKE THE AMBULANCE GO STRAIGHT. YOU'D HAVE TO GO OVER THE GRASS PORTION. YEAH. YOU WOULDN'T BE ABLE TO MAKE THE TURN, UM, WITHOUT HAVING THE BUILDING. AND EVEN IF WE LEAVE IT, IT'S NOT A LEGAL USE OF THE SPACE TO PARK AN AMBULANCE. THAT DOESN'T SOUND, YOU'RE SAYING IT COULD HAPPEN, BUT I'M JUST SAYING. RIGHT. BUT IT'S ILLEGAL REGARDLESS TO HAPPEN THERE RIGHT NOW. IT, IT'S JUST, WELL, THAT'S WHY HE'S HERE TO GET A VARIANCE. RIGHT. SO I, I WISH THERE WERE A PICTURE JUST BECAUSE I DON'T UNDERSTAND WHY PAVERS CAN'T BE TAKEN UP WITH A SHOVEL. WELL, SOMETIMES PEOPLE PUT THEM ON TOP OF CEMENT, WHICH IT SOUNDS LIKE WHAT HE DID, BUT YEAH, A PICTURE WOULD BE GREAT. NOT HIM, BUT WHOEVER WAS, WHOEVER WAS DID IT BEFORE. BUT IF YOU TOOK UP THE PAVERS, THEN YOU COULD PUT DIRT AND GRASS AND GROW SOMETHING THERE OR SOMETHING. YEAH. BUT IT SOUNDS LIKE IT'S CEMENT. I HAVEN'T HEARD ANYBODY SAY THAT. I JUST HEARD THAT IT WAS SO I THINK THAT'S WHAT HE SAID. THIS IS, THIS IS WHY WE'RE SAYING YOU CAN'T REALLY GET AROUND THAT GARAGE AREA. OKAY. UM, AND TO SEE HOW IT'S ASPHALT THAT LOOPS AROUND. UM, I CAN SEE IF I CAN FIND THE LISTING ONE FOR IT. I THINK THERE WAS A PICTURE OF PATIO, WHICH MIGHT BE HELPFUL SHOWING HER WHILE SHE'S DOING, LOOKING FOR THAT. JUST TO CLARIFY FOR YOU, THE, THE BOILER PLATE CLAUSE THAT YOU'RE REFERRING TO READS? NO, I KNOW, I REMEMBER. I REALIZE NOW THAT I HAD IT WRONG. CONSTRUCTION SHALL BEGIN LATER. OKAY. AND IF THEY CAN'T DO IT WITHIN THAT PERIOD, THEY CAN COME IN BEFORE THE EXPIRATION. THAT PERIOD DIDN'T SEEK AN EXTENSION. EXTENSION. OKAY. RIGHT. NO, I REALIZED I HAD A, I WAS TRYING, THERE HAVE BEEN TIMES WE HAVE TOLD PEOPLE TO REMOVE THEIR PATIOS THAT ARE TOO CLOSE TO THE, TO THE NEIGHBORS. WE HAVE TURNED SOME DOWN AND WE'VE HAD PEOPLE TAKE STUFF OUT. YOU KNOW, IF IT, IT WAS, I I DON'T HAVE A LONG ENOUGH MEMORY 'CAUSE I HAVEN'T BEEN HERE LONG ENOUGH. RIGHT. I THINK CAN YOU SAY WHAT FACTORS THERE HAVE BEEN THAT WOULD SO I THINK IT IS IT, IF IT'S VISIBLE FROM THE STRAIGHT MM-HMM . HAVE BEEN, UM, UH, YOU KNOW, UH, QUALIFICATIONS IF NEIGHBORS I'M ON, UM, IF IT, IT, I'M ASKING HER TO TURN THE PHOTO, UH, IF IT WAS PREEXISTING, IF IT, UH, IF, UH, YOU KNOW, LOOKING AT THE NEIGHBORHOOD, IF OTHER, YOU KNOW, IS WHAT IS IT GONNA DO TO THE NEIGHBORHOOD IF IT'S GONNA END. I MEAN THERE ARE, THERE ARE BUSHES THERE AS BUFFER. HEY RUNOFF. LIKE IF, IS IT MAKING THE WATER RUN ONTO THE NEIGHBOR'S PROPERTY? THOSE ARE USUALLY THE FACT FACTORS. CHRISTIE, RIGHT? YEAH. YEAH. AND I DON'T SEE ANY OF THOSE FACTORS. I MEAN WE, AT ONE POINT, I MEAN SHE'S RIGHT. WE MADE MY NEIGHBOR, THEY HAD A PATIO TO THE EDGE OF THE PROPERTY AND WE MADE, ACTUALLY IT WAS WHEN I WAS A, WHEN I WAS TRAINING IN TRAINING FOR THE BOARD AND WE MADE THEM TAKE OFF LIKE FOR LIKE THREE OR FOUR FEET BECAUSE IT WAS VISIBLE FROM THE STREET. SO, UM, THAT WAS ONE OF THE, THE, YOU KNOW, WE ALSO HAVE THE ONE WHERE THE PERSON PUT IN THAT ROUND DRIVEWAY. MM-HMM . RIGHT. AND WE GAVE THEM TWO YEARS EXTRA TIME, BUT THEY HAD TO REFILE TO DO THAT. I THINK THAT'S WHAT YOU'RE, THAT'S WHERE THAT WAS COMING FROM. FROM YOU. REMEMBER, YOU CAN COULDN'T PUT A CIRCULAR DRIVEWAY IN. HE HAD AN ELDERLY, GRAND ELDERLY FATHER WHO WAS 90 PLUS YEARS NEEDED THE, THE CAR TO BE UP AT THE FRONT DOOR SO HE COULD GET IN AND OUT. SO WE GAVE, UM, HIM A, LIKE A TEMPORARY VARIANCE SO THAT HE, EVERY YEAR WOULD HAVE TO COME TO THE TOWN TO LET US KNOW THAT HIS FATHER WAS STILL LIVING, WHO WAS NEEDED PROBABLY ABOUT A HUNDRED, ALMOST A HUNDRED NOW, AND NEEDED TO BE ABLE TO GO INTO THE, AND I STILL SEE THE CAR PARKED THERE, SO I'M ASSUMING STILL ALIVE. UM, SO THOSE ARE THOSE ARE THE REASONS WHY, AND I THINK THAT'S WHAT SHE WAS GETTING AT. CAN WE GET A TEMPORARY VARIANCE FOR HARDSHIP REASONS, BUT I, I, YOU KNOW, IT'S IN THE BACKYARD. IT'S PREEXISTING. THERE'S NO RUNOFF. [00:45:01] I, I DON'T KNOW. AND, AND, AND LOOKING AT THE WHOLE NEIGHBORHOOD, THAT'S WHY I WAS TRYING TO GET PHOTOS. YEAH. I MEAN DOES IT IT FITS IN WITH NEIGHBORHOOD ACTUALLY THAT'S ALMOST GREENER THAN SOME OF THE OTHER YEAH. DRIVEWAYS. YEAH. SO I'M OKAY WITH IT. OKAY. I'M OKAY. OKAY, OKAY. OKAY. THAT'S ONE. WHO WOULD LIKE TO WRITE THAT UP? DIANE JUST DICTATED IT. BUT I HAVE THIS ONE THAT I'M READING , BUT THIS IS THE WRITE UP. YEAH. I DON'T KNOW. I WILL WRITE IT OUT. I'LL DO THE DRIVEWAY AT THE END. THE LAST ONE. OKAY. YOU WANT THAT ONE AS THE ONE SINCE IT'S YOUR FIRST? NO, I, I'VE DONE ONE. OH, OKAY. BECAUSE THAT ONE I COULD DO TOO. , IF YOU ALL, I THINK WE CAN ALL DO. OKAY. WHO'S NEXT? NEXT? WHO'S WRITING THIS STUFF? I AM. NEXT ONE IS SUNNYDALE. SUNNYDALE. WHAT ARE WE, DO WE NOT DO? WE'RE GONNA, ARE WE NOT DOING TACO BELL? TACO BELL? WE'RE DOING THIS. OH, OKAY. YEAH, I'M READING IT. OKAY THEN SUNNY, DO UH, SO WHAT DO WE HAVE NEXT? SUNNY DO COUNTRY CLUB? OH, WE ALREADY DO WE HAVE TO VOTE ON THAT? YEAH, IT'S CLOSED. FORMALLY VOTE ON IT, BUT OKAY. IF YOU HAVE THE, ALL FOUR OF US ARE ANY DISCUSSION? WE WERE ALL HERE. SO WE WERE OKAY. I DON'T REMEMBER WE DISCUSSED IT. NO, I DO REMEMBER THAT. I JUST DIDN'T, I JUST WANNA MAKE SURE ALL FOUR OF US WERE FOR IT. YEAH, WE'RE JUST WAITING FOR THE WRITE UP. YEAH. OKAY. DO YOU HAVE, YOU HAVE THE SUNNINGDALE SEEKER AND YOU HAVE TO READ SOMETHING. HOW DID HE GET TO BE FIRST TO SIT HERE? I DON'T THINK HE REALIZED HE LEFT HAPPY FOR THE ZONING BOARD AS LEAD AGENCY. OH, THIS IS WHAT I HAVE TO READ. YEAH. 'CAUSE WE ARE THE LEAD AGENCY. SO THAT'S, THAT'S, WAIT, I DON'T READ THIS THOUGH. YEAH, I READ FOR KYLA TO TRACK KIRA. YEAH. YEAH. I JUST READ WAS ON A PAGE. OKAY. YOU CLASS THAT. OH, 'CAUSE I'LL READ THAT. . IS ANYBODY LEAVING ON A MOTION BY? OKAY, SO SOMEBODY HAS TO MAKE A MOTION. NO, WAIT, WHAT DO YOU MEAN DO A MOTION? NOT NOW, BUT WE'LL, WELL USUALLY THE CHAIR WILL MAKE THE MOTION ON THE SEAT. OKAY. OKAY. OKAY, OKAY. OKAY. I GOT IT. I GOT IT. YEAH. YEAH. FOR ZONING, WOULD ZONING BOARD NUMBER LIKE TO MAKE A MOTION? YOU CAN MAKE THAT MOTION. WHAT IS THIS? I DON'T KNOW. JUST . LIKE WHAT THIS, SORRY, I'M JUST MAKING THE SUPER MOTION. THAT'S AN UNLIST HANDED TO ME. OKAY. OKAY, I GOT IT. OKAY, I'LL FIGURE THAT OUT. UM, AND SOMEBODY HAS THE WAIT, YOU'RE GONNA DO I NO, NO, I KNOW. I'LL GIVE THIS BACK. OH, OKAY. SOMEONE HAS THE, UH, DECISION OR WHATEVER FOR ME TO READ OR I COULD DID A CHANGE NO, TO READ IT ON MY COMPUTER. WHICH ONE? I WE'RE JUST GETTING THE SUNNINGDALE STUFF. THE COUNTRY CLUB. OKAY. DOES KIRA HAVE IT? WE ALL HAVE IT ON OUR PHONES AND STUFF. WE CAN JUST READ IT. OKAY. IT'S FINE. . OKAY. ALRIGHT. DO WE HAVE THE, DO YOU HAPPEN TO HAVE THE DATE OF THE PLANS FOR SIGNING DALE? I CAN. DO YOU WANT ME TO DO THAT MOTION? SURE. I'LL EVEN DO THE WRITEUP. YOU MIGHT GET A WRITEUP YET. STAMPED AND RECEIVED THE DATE OF THE PLANS AND THE DATE STAMPED AND RECEIVED [00:50:04] STAMPED IS DECEMBER 15TH. I'M SORRY, DECEMBER 15TH. IS THE DATE STAMPED. DATE STAMPED IS DECEMBER 15TH. SOON AS IT COMES WITH FOCUSES. 8 4 25. DATE 4 25. OKAY, GREAT. DONE. WAIT, WHO WAS DOING THE TACO BELL? YOU'RE DOING THE TACO BELL. OKAY. OKAY. UH, JIMMY, JOHN'S AND DUNCAN, DO WE HAVE TO TALK ABOUT SPROUTS FIRST? OH, WE'RE GONNA ADJOURN SPROUTS. PON IT, WE AJOUR FOR ALL PURPOSES. ARE YOU LOOKING AT ME? WHAT? AJOUR FOR ALL PURPOSES? YEAH. OKAY. WHATEVER YOU WANT TO DO. THAT MEANS THEY CAN COME AND TALK TO US. THEY'RE THE ONES THAT DIDN'T COME. YEAH, THEY CAN ANSWER THE QUESTIONS. YES. SO TO MARCH, APRIL, ANYBODY HERE? MARCH SPROUTS TO MARCH? OKAY. YEP. THAT'S MARCH 16TH, 19TH. 19TH. MARCH 19TH. OKAY. OKAY. WOULD IT BE REASONABLE TO ASK JIMMY, JOHN DUNCAN TO COME BACK TO US WITH ALTERNATIVES? SURE. I, I CAN SAY THAT IF WE WERE TO TAKE A VOTE FOR IT RIGHT NOW, I WOULD TURN IT DOWN. IT IS A SMALL BUILDING THAT IS JUST GOING TO BE OVERWHELMED BY THREE ENORMOUS SIGNS. YEAH. THEY NEED TO MAKE, FOR ME, I'M OKAY WITH THE SIGN ON THE FRONT OF THE BUILDING. UM, BUT ON THE SIDE HAVING THE BIG PYLON AND HAVING THE SIGN ON THE SIDE, THERE'S LIKE NO BUSINESS CASE FOR THAT. LIKE THEY DON'T NEED VISIBILITY FOR BOTH FROM THE SAME LIKE, IT'S LIKE DOUBLE DUTY. YOU TAKE IT OFF THE SIDE WHERE IT IS NOW AND PUT IT WHERE THE AWNING CURRENTLY IS. NO, I'M OKAY WITH THE FRONT WHAT THEY HAVE RIGHT NOW. OH, I DON'T KNOW WHICH IS THE FRONT BECAUSE THAT'S DOOR WHERE THE PARKING LOT, THE PARKING LOT IS. OKAY, SO WHAT THE AWNING CURRENTLY FACES THE PARKING LOT? YES. AND THE AWNING HAS NO SIGNAGE ON IT CURRENTLY. RIGHT? THAT HAS NO SIGNAGE. OH, I THOUGHT IT DOES. NO. OKAY. I THINK THAT'S HOW THEY DID THIS. IN OTHER WORDS, THEY WERE ALLOWED TO HAVE A SIGN ON ONE ON THE BUILDING. THEY WERE GIVEN CHOICES OF ONE SIDE. RIGHT. THEY, THAT ISN'T THE SIGN. I AM OKAY WITH THE SIGN AS IT EXISTS ON THE AWNING. I THINK IT IS. THERE IS NO SIGN ON THE AWNING? NO ON WHERE LIKE IN THEIR PICTURES, WHAT THEY PROPOSED. OKAY. WHAT THEY PROPOSED, I WOULD WANT TO SEE ON THE, I GUESS IT'S THE STREET. IT'S CALLED THE STREET SIDE OF THE BUILDING. I AND THE AWNING. I'D LIKE TO SEE THEM REDUCE THOSE BECAUSE THERE'S NO BUSINESS CASE FOR HAVING TWO LARGE SIGNS LIKE THAT. THEY'RE BOTH VISIBLE FROM THE STREET. SO WHAT'S THE BUSINESS CASE FOR HAVING BOTH AND HAVING LARGER ON BOTH? RIGHT. THAT'S WHAT I WOULD NEED TO SAY. CONFUSED. YOU SAY THE ONE THAT DOESN'T EXIST NOW ON THE AUDIT. I'M OKAY WITH THE WAY THAT WAY, THE WAY THEY DESIGNED THAT, SIGN THAT. OH. BUT, BUT IF THEY HAVE A CHOICE, THEY'LL TAKE THE SIGN FOR TAKE THE SIGN FACING ON THE STREET AND THE A AND THAT'S THE ONE THAT WE HAVE. AND JUST THE SAME WAY THAT HERE BY HAVING THE AWNING YEAH. THEY'RE INDICATING WHERE TO ENTER THE, THE BUILDING. YEAH. SO THEY DON'T THEORETICALLY NEED TO HAVE THE SIGN. UM, AS FAR AS, SO THEY, THEY WANT THE NINE A SIGN. THE NINE A SIGN IS LARGE. THOSE I DON'T SEE, THIS IS JUST A PERSONAL OPINION HOW CORPORATE HAS DUNCAN IN BIG LETTERS AND THEN THE REST IS SO MANY LINES OF STUFF. THEY, THEY KIND OF LOOK MISHMASH. I WAS READY TO HEAR THAT THEY WERE TWO DIFFERENT STORES INSIDE. BUT I DID HEAR THAT. ANYWAY, THAT'S WHY I'M THINKING WE ASK FOR THEM TO COME UP WITH ALTERNATIVES THAT MIGHT BE MORE COMPLIANT BECAUSE THEY'RE ASKING FOR BIG WAIVERS. IS THAT CONSISTENTLY WHAT YOU'RE, WHAT YOU'RE SAYING? YES, SIMILAR. SO THEY ARE BASICALLY, UM, THEY'RE GOING, UM, THE CURRENT ONE IS GOING FROM 18 AND A HALF TO 24. SO THEY'RE GOING UP, UM, 30% IN THE WIDTH. UM, THE OTHER ONE IS JUST COMPLETELY AN ENORMOUS SIGN ON WHAT'S THE CURRENTLY THE BLACK ON IT, THE BROWN ON IT, WHICH I THOUGHT WAS GARISH. UM, IT, IT WAS IN THEIR PICTURE. THE BOOK, THE BOARD THEY BROUGHT DID NOT, IT WAS OVER. YOU'RE SAYING WHAT? THAT SHOULD NOT HAPPEN. OH, THEY'RE ONLY ASKING FOR A 0.8, [00:55:01] EIGHT FEET. LIKE THAT'S, YOU'RE ASKING FOR A WHOLE EXTRA SIGN. IT IS A WHOLE EXTRA SIGN. I GET THAT. YEAH. AND IT WAS ENORMOUS, BUT IT'S PRETTY MUCH ALMOST . IT'S IN THE PHOTOGRAPH. IT DIDN'T, IN THE RENDERING IT DIDN'T LOOK THE SAME. I I, UH, I UNDERSTAND WHAT CORPORATE WANTS. CORPORATE WOULD BE THRILLED IF THERE WERE 20 FEET SIGNED. I DON'T THINK WHAT CORPORATE WANTS SHOULD BE GUIDE. WHAT WE DO. I I DO THINK THAT WE WANT TO BE FAVORABLE TO BUSINESSES. SO A BUSINESS CASE WE SHOULD CONSIDER. BUT I, I MEAN LISTEN, I RAN CORPORATE BRANDING FOR 20 YEARS, SO I I UNDERSTAND THE ASK. I ALSO UNDERSTAND THAT MOST CORPORATE BRANDING, YOU HAVE TO COMPLY WITH THE LOCAL LAWS, RIGHT? RIGHT. SO, WHICH IS WHAT I WAS GETTING AT IS, BUT WHAT I, WHAT I, WHEN I LOOK AT THE BUSINESS NEED, I DON'T SEE A NEED FOR THREE BIG SIGNS. I AGREE. OKAY. SO COME BACK WITH A REASONABLE RES, YOU KNOW, REASONABLE SIZE SIGNAGE AND PICK WHICH KIND OF TWO YOU NEED THAT. YOU KNOW WHAT I, I'M SAYING THAT WORKS FOR ME. I DON'T SEE THE NEED FOR THREE SIGNS AND, AND I, I'M, I'M OKAY IF THEY'RE TWO ON THE BUILDING, BUT THEN WHEN YOU DON'T NEED THE BIG PYLON TOO AND THEY DON'T NEED THE TWO ON THE BUILDING, DON'T NEED TO BE THAT, THOSE SIZES. YEAH. YOU KNOW, A FOUR FOOT DUNCAN SIGN. ALTHOUGH THE WAY THEY SHOWED IT, WHERE IT WAS JUST THE LETTERS ON THE SIDE OF THE BUILDING, I DIDN'T THINK IT WAS OSTENTATIOUS. THAT'S MY PERSONAL IMP OPINION, BUT WELL, WITH THE JIMMY JOHN, WHEN IT TOOK ME ENTIRE SIDE OF THE BUILDING. WELL, THIS, THIS SIDE HERE WHERE THEY HAVE BOTH, I DON'T SEE HOW THAT'S ANYWHERE COMPLIANT AT ALL. IT'S NOT WELL, IT, IT'S, IT, IT'S NOT, IT IS IN THE SIZE OF THE LETTERS. IT LOOKED LIKE IT WAS ON THE LENGTH THAT THERE WAS A PROBLEM. OKAY. BUT IT MUST BE A VERY SIGNIFICANT PROBLEM AS FAR AS THE LENGTH GOING OVER. I THINK THEY, THEY HAVE IT ON HERE. I FORGET WHAT IT IS. IT WAS WHEN IT WAS JUST DUNKING DONUTS STACKED. IT WAS IN COMPLIANCE. SO YEAH. BUT WHEN IT WAS JUST DUNKING DONUTS, IF YOU WANT, IF YOU NEEDED TWO, IT TOOK A VERY, RIGHT. IF YOU DID TWO LINES THAT KEPT DUNKING THE SAME SIZE AND ADDED JIMMY JOHN'S AND THOSE SIZE LETTERS, YOU COULD ACTUALLY HAVE A COMPLIANT SIGN THAT SAID EVERYTHING YOU WANTED. IT MAY NOT HAVE HAD ROOM FOR SANDWICHES, BUT UM, THAT COULD BE DONE. YOU KNOW, IT COULD ALMOST BE DONE WITHOUT A VARIANCE. BUT THEY WANT A VARIANCE. BUT THIS VARIANCE IS, IS A LOT. AND IT'S JUST REALLY OVERWHELMING WITH TWO SIDES, WITH THREE SIDES THE SAME. WHERE'S THAT? I COULD UNDERSTAND THAT THIS PARTICULAR STREET, THIS IS A PARTICULARLY, EVEN THOUGH I'M GLAD THAT THEY'RE SENSITIVE TO THE FACT THAT THEY HAVE RESIDENTIAL NEXT DOOR, EVEN THOUGH THE STREET ITSELF, THEY WAS DO VERY COMMERCIAL AND NOT IN THAT SPOT. UM, BUT THE, UH, THE REGULATIONS ARE FOR THE WHOLE TOWN. THEY'RE NOT JUST FOR THIS STREET. AND THEY WERE EN THEY WERE ENLARGING, THEY WERE ADDING A ONE OVERSIZED SIGN AND ENLARGING THE OTHER TWO SIGNS. RIGHT. SO THAT'S, THAT'S WHY WE ASKED FOR. DOES THAT MAKE SENSE? YOU WERE TO JUST LET ALL THREE, RIGHT? YES. YEAH, I JUST THOUGHT THREE WAS OVERKILL. I WOULD PUT THEM ALL, YEAH, I THOUGHT THREE WAS OVER. I WOULD'VE BEEN OKAY WITH THE YEAH, I'M NOT A SIGN. I DON'T KNOW ABOUT THE SIGN POLLUTION, SIGN POLLUTION. I WAS GONNA SAY, I'M NOT A SIGN. UH, YOU'RE NOT I FORCER OR WHATEVER TO GIVE A NICER WORD. SO I FIND SIGN POLLUTION. REALLY, I'M A VERY VISUAL PERSON. I FIND THIS OVERWHELMING. THIS A BIG, I MEAN AN LIKE, YOU CAN'T EVEN COMPARE, COMPARE THIS COMMERCIAL CORRIDOR TO CENTRAL AVENUE. LET'S JUST SAY LIKE, I KNOW A LOT OF THE BOARD HAS ALWAYS LIKE, OH, OUR PART OF CENTRAL AVENUE IS SO MUCH NICER THAN YONKERS, BLAH BLAH BLAH. BUT THIS IS, THIS IS NINE A AND THIS IS LIKE A GRITTY WELL, SO QUITE FRANKLY, IT, THE SIGNS TO ME ARE, AND YOU HAVE TOWNS RIGHT THERE THAT ALLOW SO MUCH MORE. TO ME, THE SIGNS ARE UH, AN IMPROVEMENT OVER WHAT'S EXISTING HERE TO MODERNIZE THE LOOK OF THE BUILDING. BUT, BUT I'M HAPPY TO ADJOURN IT TO NEXT MONTH AND YEAH, GO WITH IT. SO KIRA, YOU DO YOU UNDER, DO YOU NEED US TO LAY OUT WHAT WE'RE ASKING FROM THEM? YOU'RE NOT ALLOWED TO COMMENT. OH, NO COMMENT. YOU'RE ALLOWED TO LISTEN. YOU'RE ALLOWED TO LISTEN. YOU'RE NOT ALLOWED TO COMMENT. OKAY. IF YOU GET A LETTER, YOU'RE ALLOWED TO COMMENT TO THAT. YEAH. SO I THINK WHAT WE'RE ASKING FOR IS, UM, TO LOOK AT AND SHOW OTHER OPTIONS THAT WOULD NOT REQUIRE AS MUCH OF A VARIANCE AND TO, UM, LIMITED TO TWO, BUT YEAH, LIMITED TO TWO. WELL, I [01:00:01] THINK TO GIVE US A BUSINESS CASE OF WHY THEY WOULD NEED THREE SIGNS ALL POINTED IN THE SAME DIRECTION, RIGHT? LIKE VERSUS TWO SIGNS. WE UNDERSTAND THAT YOU NEED A STREET SIGN AND A PARKING LOT SIGN, BUT THE PI LINE SIGN WOULD ALSO POINT IN THOSE DIRECTIONS. SO DOES THAT MAKE SENSE? YEP. EVERYBODY. YEAH. OKAY. AND THEN LASTLY THE UM, 0.8 FEET. UM, LIKE I DON'T, DO WE EVEN ? IT'S AN OUTRAGEOUS REQUEST. ? YEAH. THAT'S A SLAVE DUNK. I DON'T THINK WE'VE EVER HAD ONE WHERE IT WAS LIKE SO SMALL AMOUNT THAT I WAS LIKE CAN WE JUST, YEAH. HOW DID ANYBODY NOTICE? YEAH. OKAY, SO SOMEBODY GO OUT WITH MEASURING TAPE. SHAUNA'S GONNA DO THAT OR YOU WANTED THAT ONE? HE CAN, BECAUSE I'M DOING THE ONE THAT'S ALREADY WRITTEN. OH, I'M SORRY. . OH THAT, WAIT, WAIT, WAIT. NO, NO, NO. THAT DOESN'T WORK. S MADE ME WRITE ONE AND I'M READING ONE THAT WAS ALREADY DONE. DO YOU WANT ME TO WRITE IT NOW? GIVE THE NEW KID THE NEW EASY ONE. WRITE OUT LATER. OKAY. YOU CAN DO WHATEVER YOU WANT. . OKAY, WE'RE DONE. THANK YOU. WE GOOD? OKAY. THANK YOU. ALRIGHT, WE'RE GOING TO, UH, WE'RE BACK FROM OUR DELIBERATIONS AND WE WILL START WITH CASE NUMBER 25 13 KAI RESTAURANT GROUP. TACO BELL. DO I HAVE A MOTION? YES, MADAM CHAIR. I MOVE. WAIT, WAIT, WHAT? EXPLAIN WHAT? WELL, IT SAYS IT. OH, DOES THAT NEED A SEEKER? DOESN'T NEED A SEEKER? NO. UH, WE HAVE A MOTION ON THE, THE REQUEST TO WITHDRAW THE APPLICATION THAT THE APPLICANT, UM, SUBMITTED. I MOVE PURSUANT TO ARTICLE SIX E OF THE RULES OF PROCEDURE OF THIS BOARD THAT APPLICANT'S REQUEST TO WITHDRAW ITS APPLICATION BE GRANTED. DO I HAVE A SECOND? SECOND. AYE. ALL IN FAVOR? AYE. AYE. AND I VOTE. AYE FINDING? UH, SHOULD I READ THE FINDINGS? YES. READ THE FINDINGS. YES. BY LETTER BY LETTER DATED YESTERDAY, FEBRUARY 18TH, 2026. APPLICANT ASSERTS THAT IT IS WITHDRAWING ITS APPLICATION. HEREIN SAID REQUEST IS PROBLEMATIC UNDER OUR RULES OF PROCEDURE FOR THE FOLLOWING REASONS. ARTICLE TWO SUBSECTION ONE OF OUR RULES PROVIDES NO MATERIALS INCLUDING BUT NOT LIMITED TO WRITTEN REPORTS ME MIRANDA LETTERS SHALL BE ACCEPTED UNLESS SAME IS RECEIVED BY THE SECRETARY AT LEAST 10 DAYS PRIOR TO THE DATE OF THE PUBLIC HEARING, AT WHICH TIME THE MATTER IS SCHEDULED TO BE HEARD. AS NOTED, THE LETTER OR WITHDRAWAL WAS EMAILED TO AND RECEIVED BY THE SECRETARY OF THE BOARD ON FEBRUARY 18TH, 2026. JUST ONE DAY BEFORE THIS MEETING. ARTICLE SIX D OF OUR RULES PROVIDES ALL REQUESTS TO WITHDRAW APPLICATIONS OR APPEALS MADE TO THIS BOARD MUST BE MADE IN WRITING AND BE PRESENTED TO THE SECRETARY OF THE BOARD NO LESS THAN FIVE DAYS PRIOR TO THE FIRST MEETING AT WHICH THE APPLICATION OR APPEAL IS TO BE HEARD. THE PUBLIC HEARING ON THIS APPLICATION HAS BEEN OPENED AND ACTIVE FOR SEVERAL MONTHS PRIOR TO THE SUBMISSION OF THE PRESENT NOTIFICATION OF WITHDRAWAL. IT IS CLEAR THEREFORE THAT THE APPLICANT'S WITHDRAWAL LETTER IS UNTIMELY. THAT SAID, WE RECOGNIZE THAT WE SHOULD NOT REQUIRE AN APPLICANT. SORRY, I'M ON THE RECORD. I CAN HEAR YOU IF FORBID. PLEASE BE QUIET. CAN YOU PLEASE? OKAY. WHERE DO YOU WANT ME? DO YOU WANT ME TO JUST GIVE YOU THIS AFTER OR YOU WANT ME TO READ THE WHOLE THING AGAIN? SUBMISSION. THE PRESENT NOTIFICATION OF WITHDRAWAL IS CLEAR THEREFORE THAT THE APPLICANT'S WITHDRAWAL ON TIME. I'M TRYING TO FIND OUT WHERE I WAS. THAT'S IT. OKAY. OKAY. THAT SAID, WE RECOGNIZE THAT WE SHOULD NOT REQUIRE AN APPLICANT TO INCUR EXPENSES IN SUPPORT OF AN APPLICATION THAT THE APPLICANT NO LONGER WISHES TO PURSUE. WE THEREFORE DEEM APPLICANT'S LETTER AS A REQUEST TO WITHDRAW UNDER ARTICLE SIX E OF OUR RULES AND GRANT SUCH REQUEST SUBJECT TO OUR MEMORIALIZING THE DECISION WE HAD WRITTEN BEFORE RECEIVING THE WITHDRAWAL REQUEST FOR THE BENEFIT AND GUIDANCE OF BOTH [01:05:01] A FUTURE ZONING BOARD OF APPEALS AND OR A PLANNING BOARD THAT MAY BE CALLED UPON TO CONSIDER A NEW APPLICATION FOR SIMILAR RELIEF AND FOR THE OWNER AND OR APPLICANT IN ORDER TO AVOID A FUTURE SUBMISSION OF AN APPLICATION CONTAINING ELEMENTS FOUND SUFFICIENTLY OBJECTIONABLE IN SUCH DECISION TO JUSTIFY DENIAL OF THIS DECISION. IT IS TO BE NOTED THAT THE INCLUSION OF THIS DECISION IS FOR INFOR INFORMATIONAL PURPOSES ONLY AND CAN BE, UM, UH, GOTTEN, UH, UH, BY UH, REQUESTING A COPY TO THE SECRETARY OF THE BOARD. OKAY. THANK YOU. UH, THE NEXT CASE TONIGHT IS CASE NUMBER 25 32 CHRISTIAN E PO PO AT 10 OLIVER AVENUE AND WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE-REFERENCED APPLICATION WITH REGARD TO SEEKER COMPLIANCE AND NOW THEREFORE BE IT RESOLVED, THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEKER CONSIDERATION. AND I HAVE A SECOND. SECOND. ALL IN FAVOR? A AYE AND I VOTE. AYE. DO WE HAVE A MOTION? YES. MADAM CHAIR. I MOVE THAT THE APPLICATION IN CASE 25 32 BE GRANTED PROVIDING THAT THE APPLICANT OBTAIN ALL NECESSARY APPROVALS AND FILE SAME WITH THE BUILDING DEPARTMENT. CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE SURVEY DATED SEPTEMBER 26TH, 2024 AND STAMP RECEIVE SEPTEMBER 16TH, 2025 SUBMITTED IN SUPPORT OF THIS APPLICATION. OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN. PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN. THE VARIANCES BEING GRANTED ARE FOR THE IMPROVEMENT SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION. ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HERE. END. DO I HAVE A SECOND? SECOND. ALL IN FAVOR? AYE. AYE. AND I WILL, UM, UB SUBMIT THE FINDINGS INTO THE RECORD AT A LATER DATE. UM, OKAY. THE NEXT ITEM ON OUR AGENDA IS ZBA 25 38 SUNNINGDALE REALTY CORPORATION, AKA SUNNINGDALE COUNTRY CLUB. AND I MOVE THAT THE ZBA AS LEAD AGENCY DECLARE THIS, UM, TO BE AN UNLISTED ACTION UNDER SEEKER AND MAKE A NEGATIVE DECLARATION WITH RESPECT TO THE ACTION. I HAVE A SECOND. SECOND. ALL IN FAVOR? AYE. AYE. AYE. AND DO I HAVE A MOTION? MADAM CHAIR? I HAVE A MOTION. I MOVE THAT THE APPLICATION IN CASE 25 DASH 38 BE GRANTED. PROVIDED THAT ONE THE APPLICANT OBTAINS ALL NECESSARY APPROVALS AND FILES SAME WITH THE BUILDING DEPARTMENT. TWO. CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF A BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER IN CONFORMITY WITH THE PLANS DATED AUGUST, 2025 AND STAMP PERCEIVED DECEMBER 15TH, 2025 SUBMITTED IN SUPPORT OF THIS APPLICATION OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN. PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT DRUG, GREATER VARIANCE THAN WHAT WE ARE GRANTING HEREIN. THE VARIANCE GRANTED HEREIN IS FOR THE IMPROVEMENTS SHOWN ON THE PLANS SUBMITTED IN SUPPORT OF THIS APPLICATION ONLY ANY FUTURE OR ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, OR OTHER VARIANCES WE HAVE APPROVED HEREIN. THE FINDINGS WILL BE, UM, APPEAR ON THE BOARD'S WEBSITE THAT VOTE ON THE MOTION? YES. IF IF, YEAH. LET ME, WHAT, LET ME VOTE ON IT. WHAT DO WE HAVE A SECOND? I SECOND. OH, I SECOND. ALL IN FAVOR? AYE. AYE. AYE. YOUR FINDINGS WILL BE MADE AVAILABLE, UM, AT A LATER DATE SO THEY'LL BE PART OF THE RECORD. OKAY. UH, OKAY. UH, ZBA NUMBER 25 39. CENTRO HERITAGE, SPE SIX L-L-C-A-K-A SPROUTS FARMERS MARKET HAS BEEN ADJOURNED FOR ALL PURPOSES TO THE MEETING OF MARCH 19TH, 2026. [01:10:02] CASE NUMBER ZBA 26 0 2 GILMORE HOLDINGS, L-L-C-A-K-A DUNCAN, JIMMY JOHNS HAS ALSO BEEN ADJOURNED FOR ALL PURPOSES TO THE MEETING OF MARCH 19TH, 2026. AND FINALLY, CASE NUMBER 26 0 3, LAUREN GUR. UH, OKAY. WHEREAS THE GREENBERG ZBA HAS REVIEWED THE ABOVE REFERENCED APPLICATION WITH REGARD TO SEEKER COMPLIANCE AND NOW THEREFORE BE IT RESOLVED THAT THE SUBJECT APPLICATION IS A TYPE TWO ACTION REQUIRING NO FURTHER SEEKER CONSIDERATION. MAY HAVE A SECOND. SECOND. ALL IN FAVOR? AYE. AYE. AYE. DOES SOMEBODY HAVE A, UM, THE MOTION, PETER? MOTION MADAM CHAIR, I HAVE A MOTION. . EXCELLENT. I, I MOVE THAT APPLICATION IN CASE NUMBER 26 DASH OH THREE B. GRANTED, PROVIDED THAT THE APPLICANT OBTAINS ALL NECESSARY APPROVALS AND FILES THE SAME WITH THE BUILDING DEPARTMENT, CONSTRUCTION SHALL BEGIN NO LATER THAN 12 MONTHS AFTER THE GRANTING OF THE LAST APPROVAL REQUIRED FOR THE ISSUANCE OF THE BUILDING PERMIT AND PROCEED DILIGENTLY THEREAFTER. IN CONFORMITY, UH, WITH THE AS-BUILT SURVEY DATED DECEMBER 5TH, 2025, LAST REVISED DECEMBER 12TH, 2025 AND STAMP RECEIVED JANUARY 13TH, 2026, SUBMITTED IN SUPPORT OF THIS APPLICATION. OR AS SUCH, PLANS MAY BE HEREAFTER MODIFIED BY ANOTHER APPROVING BOARD OR AGENCY OR OFFICER OF THE TOWN. PROVIDED THAT SUCH MODIFICATION DOES NOT REQUIRE A DIFFERENT OR GREATER VARIANCE THAN WHAT WE ARE GRANTING HERE. THE VARIANCE BEING GRANTED IS FOR THE IMPROVEMENT SHOWN ON THE PLAN SUBMITTED IN SUPPORT OF THIS APPLICATION. ONLY. ANY FUTURE ADDITIONAL CONSTRUCTION THAT IS NOT IN CONFORMITY WITH THE REQUIREMENTS OF THE ZONING ORDINANCE SHALL REQUIRE VARIANCES EVEN IF THE CONSTRUCTION CONFORMS TO THE HEIGHT, SETBACK, AND OTHER VARIANCES WE'VE APPROVED AND THE FINDINGS WILL BE POSTED LATER. OR LET ME, WE NEED A SECOND. LET ME DO, LET ME I SECOND. ALL IN FAVOR? AYE. A. AYE AYE. AND YES, THE FINDINGS WILL BE MADE AVAILABLE AT A LATER DATE AND WILL BE PART OF THE RECORD. AND WITH THAT, WE ARE ADJOURNED. THANK. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.