Zoning Board of Appeals (zba) - Regular Meeting

Okay, I'd like to welcome everybody to the Town of Babylon zoning board of appeals. Please listen to the rules and procedures that will follow for tonight's meeting.

Good evening and welcome to tonight's meeting of the Town of Babylon Zoning Board of Appeals. The following is the procedure that will be followed tonight. The matters will be called in the order they appear on the calendar with adjourned matters being called at the end of the regularly scheduled matters. Matters cannot be heard prior to their published scheduled time. When your matter is called, please submit the affidavit of posting to the secretary and proceed to the podium and give your name and address. The chairperson will then swear you in and read into the record information we have from your application, comments from various town departments, and any correspondence received on your application. The chairperson will then ask you to make whatever presentation you wish to make to the board. After you have made your presentation, the board will ask whatever questions the board deems appropriate and then we will ask for comments from the public. If you wish to speak for or against an application, we ask that you wait until you're acknowledged. Come forward, give us your name and address, tell us where your property is in relation to the property that's in question tonight, and then please direct your comments to the board, not the applicant or the applicant's representative. We have to keep a record, and we cannot do that if there are people talking over each other or cross conversations. If someone has spoken for or against an application and they have said exactly the same thing that you wish to say, it will have the same force and effect in the record. If you give your name and address, are sworn in, and say that you join in those comments. If you have anything additional to say, please don't hesitate to do so. But keep in mind that you will be given only one opportunity to speak. After the public has spoken, the board may ask the applicant to come back to answer any questions that may have come up as a result of the public comment or for the applicant to summarize. When the applicant comes back to answer any

additional questions, if that happens, that does not start a second round of public comments. Once the matter has been heard, various things may occur. The board may decide the application immediately. It may reserve decision. If the board reserves decision, that does not mean the matter is approved or denied. It just means that the board needs more time to decide, may want to go out and look at the site again, or might want to review the documents and testimony further before making a decision. In either event, the applicant will receive the board's decision in writing shortly after the board makes its decision. If the application is approved, that does not mean that you can then go ahead and start construction or whatever it is that you requested from the board. You will have to wait for the building permit to be obtained from the building department before your go- ahead. On some occasions, the matter may be continued for another night. If it is continued, in most cases, it will be for the submission of documents, a new survey, new plans, or something of that nature. If that's the case, no one needs to come back on the new date. The documents will be submitted and no further testimony will be taken. On rare occasions, a matter may be continued for future testimony. If that's the case, then people would have to come back to testify. If matters are adjourned at an open meeting on the scheduled date of hearing, no further notice need be given unless specifically required by the board on the date the adjournment is granted. Three rules that may affect your ability to proceed tonight. One, if the sign was not posted for 10 days, we cannot hold the hearing tonight. Two, if you commence this proceeding while you own the property, but no longer own the property, and you are here now to continue with the

application, you will need either the written consent of the new owner or the new owner to be present for the hearing. This situation could come about if you sold your house or building, money was held in escrow at closing for a certificate of occupancy or permit, and you're here tonight to clear that up. Lastly, if your application is a commercial application and it's other than a renewal and there is more than one tenant in the building, then you need your landlord to be here. Is there any applicant that has any difficulty with those situations and would need an adjournment tonight?

Is there anyone that would need an adjournment? Please rise and join the board in the pledge of allegiance to the flag of the United States of America and to the republic for it stands nationy and justice for all. Okay, before we begin tonight, we have two adjournments on our agenda. Uh, number seven on our agenda is application 25165, property located at 749 Farmingale Road in West Babylon. Is there anybody here on that application? It's being adjourned to October the 23rd. The second one is number four on our agenda. Application 2567 19 Alexander Avenue in Amityville. Is anybody here on that application tonight is application 251 169 of Tatiana Voria and Mark Ricketts property located in West Babylon. name and address for the record.

Yes. Good evening, members of the board. My name is Dean Cassubis. My address is 121 Newbridge Road, Hicksville, New York 11801. Okay. And do you affirm to tell the truth? Uh yes, I do.

For the record, we have a planning division memo dated October 2nd, 2025. Uh prior approval by this board. the application 24199 and it was approved as amended almond environmental control memo dated October 3rd 2025. If approved, this application will not result in significant impact. A survey by Vincent Tanako dated December 6, 2024. Tax map acting as an area map and Okay. Would you like to tell us about the application?

Um, yes. Okay. So, I'm here tonight on behalf of um um Mr. Mark Rickettts and uh in the audience is um his wife Matiana Voria of 1565 Herzel Boulevard in um West Babylon. Uh what we're seeking for approval tonight is um proposed uh inground pool with um with some pa work. Now previously we were here before uh this board asking to legalize much of the pavers that you see in this uh plot plan. So a good portion of this pool is going to be located on top of pavers which were previously legalized and a pre prior variance um was granted for a total of 44.5%. And at the time we also had to agree to um cut back the pavers to 2 ft from the side and rear property lines. uh with that based on that you know on that prior decision we're looking to add approximately uh 200 square ft for a total of 46.6%. So that that includes the pool um pavers that are being taken away to um accommodate the pool and then some additional pavers will be added to square off the area where the pool and the steps will be um going. Uh this um this is in line with other variances that this board has granted previously. Uh there's no objection from any neighbors. This is also part of um major renovation going on at the house for a sec. There's currently a second floor addition uh being built and um this will complete their backyard space having this um this pool.

Okay. Thank you. Turn the hearing over to Mr. Shepard. How are you? Okay. Lot of work going on over there. Yes. Nice. Thank you. So, the pool and so I'm just going to read some conditions here. You seen the planning memo? Yes. Okay. You agree that the pool and and the spa be installed in conforming locations? Correct. Okay. You agree that all pavers, patios to maintain a minimum setback of two feet from all property lines? Yes. All right. And no further increase in total building area. Correct. I have no further questions, Mr. Chairman, any other questions from the board? Would anyone like to be heard on this application? Directed there are none.

Mr. Chairman, I'll make a motion to approve application 25-169 as per the conditions listed on the planning memo. Second. All in favor? I. Thank you. Good luck. Thank you. Next application is application 25164 of Viviana Valdez property located in Amityville.

Good evening once again members of the board. I'm here today together with the uh homeowner who you know may want Yeah, we need Yeah, I need to repeat that. Well, once again, my name is Dean Kubis. My address is 121 Newbridge Road, Hicksville, New York, 11801. Um here, you affirm to tell the truth? Yes, I do. Okay. So, let me read this stuff into the record.

For the record, we have a planning division memo dated October 2nd, 2025. A An environmental control memo dated October 3rd, 2025. If approved, this application will not result in significant impact. A Suffach County planning memo dated September 25th, 2025 decision of local determination. Um survey by Christopher Schroeda dated March 26, 2021 tax map acting as an area map and would like to tell us about the application.

Okay. Good evening once again members of the board. I'm here tonight with my client, the owner of the property, Miss uh Vivian Valdez of uh 355 New Highway. Um first off, I'd just like to advise the board of a small correction. The planning department lists the address as 335. The um address, the correct address is number 355 New Highway in Amityville. um reading the um planning department memo um it sounds like it could be concerning that that there could be some concerns. However, between myself and my client, we could bring some light to um what um they're what they're requesting and how we can address those concerns. The variances we're asking for are relevant to the construction of a second floor um and a front porch on this house, more so the second floor. We're requesting a variance to reduce the front yard setback from 30 feet to 14.4 ft and allow for a twoft encroachment for the um roof overhang. The um the variance itself may seem substantial. However, we are building on top of an existing footprint of the house. So, the existing house itself um sits at um at the at the closest point it sits at 16.2 ft. Uh at the far and it only gets wider from there because it's at an angle. So, at the widest point it's um about 20 it's about 27 feet to the building to the building itself. um the the hardship here and um it's a unique situation as I speaking to my client as to why this house exists the way it is. Um she indicated to me that this was actually originally built by the town um in 1989. It was built as a

lowincome um it wasn't like a habitat for humanity but something similar to that fact. It was built as a low-inccome uh um lottery style um home for low-inccome people to um to win. So, she's the second owner of the house. And from what I understand is they didn't build it further back. Even though there was such a large property, they didn't build it further back because the entire yard was wooded at the time. And it seems like that was the least expensive way to um build this house is to clear the bare minimum uh land that was required. And that's why this house exists so close to the uh front property line. Um we're looking to build the second floor. The second floor will have three bedrooms. Uh will create the additional living space which uh my client will come up and tell us uh you know who's who's going to live in in in the home. and also to address um some of the concerns um that that are in this um planning department memo. Um one of the concerns is that there was going to be a second entrance to the back of the house or the the second entrance and uh if you do look at the plans that were submitted that we do show that second entrance to be removed. So if you look at closely, uh the stoop is going to be removed and the door will be blocked off. So there'll be no side entrance to the house. Uh there is a there is an entrance to the finished basement um which is on the plans and from what I understand they are in either have a permit or in the works of getting a permit for that basement entrance and no variances required for that basement entrance. Um, I'd also like to point out there are several other two twostory

homes in this area. Um, even along the strip of new highway. So, it's not out of character to have a two-story um home in that area. If you look at Google Maps, they're they're they definitely do exist. Um I feel that um this variance is very is reasonable in character with the neighborhood and um you know we like to ask for your approval and um you know at this time I'd like to ask if there's any questions for me or from my client to uh to come up.

Okay. So you're going to remove one of those back end. So there's only going to be one back entre. Okay. So, there's going to be a back door to the um there's going to be a back door which leads to the um to the to the kitchen area of the first floor and then there's going to be an uh a basement entrance which exists today. So, are there stairs that go down? Are there stairs that also go up there at that same entrance? No, there's no stairs that go up. There's stairs that go down to the basement. Only only.

Well, that that's inside the house. So, yeah, inside the house, there's stairs that that go down to the basement and stairs that go up to the proposed second floor. on on the outside of the house, there'll be one back door and one basement entrance that goes to the basement only. The the plans do call for closing the side entrance. There's a driveway entrance currently right now and the plans do call for um removing and closing up that entrance. Speaking to my client and also reading the planning department memo, there's no intention of having an accessory apartment here. Um there it's going to be a one family house.

Okay. So I'm still I'm still a little confused. But so there if I come in the back door, I'm only going down to the basement. I can't go upstairs from there. Okay. So there's a the the back door is the ground floor back door is a sliding door which leads into the kitchen area and it has and that's the vicinity where you could also go down to the basement or go up to the proposed second floor. So those so those steps are off of the kitchen. So you're you're going into a kitchen first, correct? Okay.

What's the need for the outside entrance to the basement? Okay. I I'll let my uh client uh describe that but other than that it exists and to my understand to my understanding permits are filed for it. So it is a base there is a basement downstairs and um there is a the seller entrance that's there. She want to come. Yeah. What's up? Good evening. Need your name and address for the record, please. Uh Vivian Valdez on 355 New Highway. Okay. And you affirm to tell the truth? I do.

Okay. Can you talk to us about the the steps? Which step? Entrance. The back entrance there. Um there is a back entrance step. It's been there. Um the uh the town know about it. I have apply for permit. Um, I had the So, they already know about it. They already gave me the permit for that entrance. Did you put it in? Yes. How long ago?

Um, it's been there for over a year. They have that. I had to renew it. So, I am They still have it. When did you apply for the permit? Um, a while ago for the basement. Yes. You only installed this a year ago? No. Um, I had it installed. Right. Right. I had Right. Right. I had it before. What's in the basement? Nothing. It's all empty. It's all It's all empty.

Utilities, heating, electric, storage. Yes. Utilities, no plumbing, no electric. Yes. Um, everything is there. No appliances, no bathroom, no sink, no toilet, washer, dryer.

Yes. Washer, dryer. So, this is why I had I had a permit for the basement and I had I had the washer, the dryer installed and I had a bathroom installed. So, this is what I'm waiting for. The permit. They have it. They already gave me the permit, but they had to update the paperwork, so they have it right now. So, there's a bathroom in this basement. Uh, it's a three-piece bathroom,

a ba a three a shower, a a toilet,

a shower, a toilet, and a sink. Um that's why I had updated the permit which they have and they are in the process of doing it. They had given me the permit before it become an issue. So they they already told my architect they are going to let me have it since I had the permit before everything. That's the side door. Back door.

The back door is a sliding door. The back door is a sliding door. Yes. And you're going to have a door at the top of the steps. Um, I don't remember. She put it. I don't need it. If it's a issue. Yeah, we'd like we'd like it eliminated. No problem. Okay, that's fine. I don't Any other questions from the board?

Would anyone like to be heard on this application? Just one other thing. You agree not to enclose the front porch any further? No. No. Yes. Yes. I agree. I agree. Okay. Thank you. Yeah. You won't have to no accessory apartment one family. Oh, yes. Definitely. Yes. Yes. Uh we're going to close the hearing. We're going to reserve decision. You'll get the decision in the mail. Thanks for coming down. Thank you. Yeah. You got to give us a new plan showing the door removed at the top of the stairs. Okay.

Okay. Thanks. Next. Next applications. Application 2567 of Raymond and Samantha Burke property located in Oh, no. This is This one is going to be adjourned until There we go. Okay. [Laughter] Next next application is application 251 171 property located 136 Bond Street in West Babylon. Name and address for the record, please.

Good evening. Leo Pazinski, PYZY NSKI, 100 Clinton Avenue, Miniola, New York. Architect for the Dak Dems. And name? Lauren Russo. Uh, 136 Bond Street, West Babylon, New York 1704. Sorry. Jun, 136 Bond Street, West Babylon. Okay. Do you all affirm the tell the drones? Yes. Yes. For the record, we have a planning division memo dated October 2nd, 2025. Environmental control memo dated October 3rd, 2025. If approved, this application will not result in significant impact.

Okay. What would you like to tell us about the application?

All right. They would like to add a second floor. um family is growing and they need a little extra space and unfortunately when they purchased the house everything you see on the property survey was already there. The pool, the sheds, the patio and existing it's already well over what's permitted by the town. Um we are adding a second floor. We're basically going over the footprint with the exception of the rear which I can't deliver it because the staircase location is kind of in the middle of the house. I have uh extra plans here if you just take a look. But basically the location of the staircase on the second floor and the first floor um doesn't allow any room for any type of hallway up there. So I can't leave at the back um just to pick up the space for the hallway. The rear overhang only adds 106 square ft. The front porch adds 100 uh 232 square ft which is half of what we're over. Um the real culprit is um you know that concrete patio that's there and it's that's 634 square feet by itself. Um the slab is in good shape. We'd like to keep it. Um it's it with it is 10 ft off the property line so we won't have any drainage problems with the neighbors. Um unless we take that slab out um to reduce it or take out that 600 square ft. That cost is pretty high. just to break it up in dumpsters is about $10,000 which we'd rather not spend. Um, as I said, everything that you see there in the overhead and on a property survey has been there since they purchased the house in 2023. U, the variance is substantial um, mathwise, but not um, structural or visually because it's slab on grade will have no adverse effect on a neighborhood. As the planning board said, they like the porch and um that's pretty much the crest. We don't see any undesirable change. The

benefit can be achieved by removing that patio and there's no adversar effect on this. Okay. Thank you. Turn the hearing over to Mr. Sheepard. How are you? Good. Yourself? Good. So, it's going to remain single and and uh single family and owner occupied. Oh, yes. The staircase is right in the middle of the house. It would be difficult to do anything other. Okay. And would you agree that the front porch not be further enclosed? Yes. I have no further questions, Mr. Chairman. Any other questions from the board? Would anyone like to be heard on this application for the record? There are none. Mr. Chairman, I'll make a motion to approve application 25171 with the condition for not be. All

in favor?

Good luck. Thank you so much. We I announced that at the beginning. Was everybody here for that? Oh yeah, there's there's a few people did walk in. So this application is located on Alexander Avenue in East Farmingdale. It's 25167. It's being adjourned to October the 30th. Okay. Next application is application 25166. Property located at 1201 Herzel Boulevard, West Babylon.

Hi, good afternoon. Name and name Name and address for the record, please. Brian Lynch, uh 126 Atlantic Avenue, Lindbrook, New York. Uh 11563. I'm the architect on the project. Okay. And you tell the truth, ma'am. Okay. I'll do both these now. Name and address please. Nairobi Justin Boulevard. Okay. And you both affirm and tell the truth. I do. I do.

We have a planning division memo dated October 2nd, 2025. Environmental control memo dated October 3rd, 2025. If approved, this application will not result in significant impact. And Okay. What would you like to tell us about the application?

Um, so we're putting a second floor, we're proposing a second floor addition on the uh house on the existing footprint of it. Um, the nature of the house, the way it is, it slightly encroaches the 30-foot um front yard setbacks. It's a corner property on each side. Um, we're continuing straight up on it. It does have some encroachments in the front yard, some um bay windows, um, cornice roof. Um, the stoop is what's there now. The house is set up pretty high off grade, so there's a lot of steps to go up now. So, we're not going any further forward on the stoop or the steps. Um, we're proposing a covered entry over the what would be the existing stoop area. Um, one-story covered entry. Um, and there's no increase in lot coverage. Aside from that, there's no uh encroachments on any of the other yards and it's pretty much it. So,

that's what we're asking for to Mr. Oh, I know.

So, the planning board approved it and they had they did have a comment um about that the dimension was taken to the front step um to get here. The plans examiner was asking me to show it. So the 21 foot 10 is to the first riser of the stoop. That's pretty much where it is now. It's exactly where it is now. Um so any the encroachments that are on this are as far as the zoning code section 213-103, they're all permitted encroachments. Correct.

Mr. Chairman, I'll make a motion to amend application 25-166 to read to diminish front yard setback from 30 ft to 25 ft 6 in on Herzel Boulevard for front porch with steps. Second. All in favor?

I don't think I mute. You agree that the front porch not be further enclosed? It will not be. No, it's two columns with a roof over it. It's not enclosed. Yeah. Okay. The plans, the elevations are all there. It's just a roof over it. No sidewalls. No sidewalls. No. Okay. I have no further questions. M. Any other questions from the board? Would anyone like to be heard on this application? For the record, there are none. Mr. Chairman, I'll make a motion to approve application 25-166 as amended with the condition unfortunat. All in favor? I. Good luck.

Thank you. Appreciate it. Next application is application 25168 of Vanette McCulla property located in Hamville. Name and address for the record. Yes. Richard Branchic, BN C H I C for JL Drafting 707 Route 110 Farmingdale, New York. Anetti McCulla, 7 Banberry Court, Emityville, New York 11701. And you affirm both affirm to tell the truth? Yes. Yes, sir.

What the reckon? We have a planning division memo dated October 2nd, 2025. A environmental control memo dated October 3rd, 2025. If approved, this application will not result in significant impact. A survey by Oh, Dennis Leighton. Uh, this is dated 4625 tax map acting as an area map. And would you like to tell us about the application?

Um, good evening. The first thing I'd like to tell you is that um there are six variances that we've requested and we'd like to amend the application to uh remove the variances four, five, and six that are listed on the planning division memo. And um we agreed to specifically to move the shed to be in compliance with the town code and also to cut back the patio in the rear and on the side to confirm with the town code. So right off the bat, we'll uh I'll make a motion to eliminate on application 25 168 variances 45, five, and six. Second. All in favor?

Okay.

Okay. Now, regarding the remaining three variances, uh this is now in in connection with the proposed two-story addition. Uh we are looking to uh diminish the east side yard setback from 10 feet to 3.1 ft. It should be noted that the existing sideyard setback is already only 2 is 2.7 feet for the existing house. So this rear edition we're actually making requesting um of a setback that's actually greater than what exists currently. The the same thing for the total um sideyard setbacks is uh we are requesting from 25 ft uh we proposing 24.1 but currently there's only 23.7 feet existing total sideyard. So again, we're asking for less than what already exists and the board obviously can see the property and where the house is is currently located on the property and this and the size of the property and you know to understand what we're dealing with. Lastly, regarding the increase in total building area from 30% to 32.11% a total of 168.42 square feet, we submit that this is really a minimal amount. We we think and we're hoping the board will be flexible on this. Um as far as the um sideyards also we are suggesting that the or submitting that it's in character with the neighborhood. I mean just a quick look at Google's map of the street show that just the property right next door has total sideyards and existing sideyards much less than what we're even proposing. if I could submit this. Is that possible?

And I'll be happy to take questions. Okay. Um the biggest thing would have been the sideyard, but that's that exists as is in my mind. It would have been the biggest thing which creates the the total sideyards. And what do we add? We're just a we're just squaring off the back of this, right? Basically, but even in the back, in other words, we're asking for 04 feet less than what we already have. So, we're not we're not trying to get closer to the to the property line. We're going further from the property line, but straight back. Otherwise, but straight back otherwise straight back. Yes.

And you're going to move the shed. You're going to take care of the patios. We already took all of that off. That has to be done. for master bedroom. So, we're going basically other than that, we're going straight up. Backing up. Yes. Backing up. Yeah. Okay. Yeah.

Uh yes. So would you agree that the accessory apartment perate permit to be maintained should there be additional units in the dwelling? Yes. And the internal access through entire dwelling must be must be maintained. And also there'll be a condition that the uh the patio will cut back to two feet and the shed be removed. Agreed. Relocate. Relocate. Yes. be relocated. Okay. You agree to all of those? Yes.

Uh any other questions from the board? Would anyone like to be heard on this application? For the record on Okay. Okay. I'll make a motion to approve application 25168 as amended with the conditions on the planning memo and addition to also a condition to uh cut back the patio to be two feet and to uh shed then the shed be relocated. Second. All in favor? I. Okay. Good luck. Thank you very much. Have a good evening.

Thank you. Have a great evening. In case anybody walked in late, application 2565, property located uh West Farmdale Road in West Babylon. That application is being adjourned to October the 23rd, 2025. Okay. All right. Uh, next application is application 251 170 property located in Northb. Good evening, chairperson and members of the zoning board. My name is Karen Zarof and I am an attorney with Weber Law Group which is located at 290 Broad Hollow Road Sweet 200E Melville, New York 11747.

Okay. For the record, for the record,

we have a planning division memo dated October 2nd, 2025. Environmental control memo dated September 17, 2025. World to approve. This application would need a negative declaration. Um, we have a fire marshall report dated October 9th, 2025 secured inspected interior. However, there will be subject to building and and fire marshall permits and inspections. As such, they have no objections. Suffach County Planning Memo dated September 25th, 2025. Decision of local determination. Take no position for or against a tax map acting as an area map. A survey by Control Point Associates dated April 4th, 2025. And

would you like to tell us about the application?

Sure. I'm here this evening on behalf of GR Sunset Plaza LLC, which is a subsidiary at First Washington Realy. The property is located at 1112-1230 Deer Park Avenue in North Babylon. We're respectfully requesting a parking variance to support the continued and future commercial use of the shopping center which is required under section 213286 of Babylon town code. We have previously received a variance for the shopping center in 2023 for voodoo crab when this board granted an approval to diminish total off street parking from 1,414 to 1,19 parking spaces with a change of use from retail to restaurant. We are back to request a variance of four new tenant spaces and asking for permission to diminish off streetet parking from 1,479 parking spaces to 1,17. Space 10 is a proposed physical therapy facility called Link Medical, which is licensed outpatient physical therapy facility that serves patients by appointment only, offering one-to-one small group therapy sessions focused on improving mobility, strength, and overall physical function. Unit 26 is a proposed just salad restaurant which is a fast casual restaurant concept with a focus on healthy freshmade order salads wrapped in bowls and smoothies. Unit 13 is proposed Uncle Jeppe's order and pickup storefront for catering. The proposed uses of small order and catering pickup storefronts were operated by Uncle Jeppe's marketplace who took over King Collins space a few years ago whose catering business is thriving and took the opportunity of the vacant space in the same shopping center to open up the satellite space. Unit 7 is an undetermined tenant ghost restaurant. It will allow the landlord to market and lease the currently vacant space to a future restaurant to comparable food service tenant without requiring further zoning release. This request for economic revitalization, enhance property utilization, and maintain consistency with the other uses in the shopping center. This new proactive model has already been through the planning department and is emerging

in neighboring towns and commercial centers. By securing zoning and parking compliance in advance, landlords can market spaces restaurant ready, avoiding months of delay between lease and execution and opening. Joining me tonight is Josh Herman from Stonefield Engineering, who'll be talking about the parking study. Mike Bianca from Bowler who can answer questions about the site plans and Danny Whiteart who has flown in from Washington DC from ownership. I'm gonna pull it over. We're gonna uh give it over to Josh now to talk about parking. I'm also going to hand out we had updated a little bit of the parking study and I had called so that I'm going to hand it out a more updated version just little minor updates. Okay.

So, we're going to hand out the Okay. updated. Name and address for the record, please. Yes. Good evening, uh, members of the board. My name is Josh Herman, spelled H E R M- an um, with Stonefield Engineering and Design, 584 Broadway, Sweet 310, New York, New York. Okay. And you affirm to tell the truth. I do. Would you like to talk?

Um, so thank you uh again uh members of the board for hearing this application. Uh so my team has evaluated the application with respect to traffic and parking uh impacts of the project. Um and overall the findings are that there would not be any significant traffic impact and there is ample parking on the site to support the project and to justify the variance. Um, so my uh team, we performed a comprehensive parking study uh that included existing parking counts at the shopping center uh for a full weekday from uh 10:00 a.m. until 9:00 p.m. Every 15 minutes we did parking observations. Um, and we did the same on a full Saturday from 10:00 a.m. till 9:00 p.m. to evaluate the existing parking utilization on the site. Um we then projected the parking demand associated with the proposed um restaurant spaces and the proposed medical use. Um and then any vacant space that we accounted for um the demand, you know, so assuming that in the future we would have a full shopping center fully tenanted, fully um operational. And based on our findings, um during the weekday period, uh we'd have we'd see the parking lot is 51% utilized with a reserve parking of 547 vacant spaces. Um and on Saturday we would have a 51% utilization uh with 542 spaces um at the worst condition. So as you can see here on the board uh this is accounting for the um the full uh distribution of parking throughout the day on the site. And um my apologies this is the weekday that's shown here. So during that critical highest hour of utilization, there would be 547 spaces

um vacant on the site for uh excess um parking. And here on the Saturday, similarly, you'd have 542 empty spaces during the peak of the day. So, uh, the, uh, parking that's provided on the site would be, uh, more than sufficient to accommodate the demand in the future. And, uh, I'm happy to answer any questions. Any questions from the board? I guess I can say that I've never seen this park a lot more than half and I've lived in one my entire life. Yep. There's plenty of parking that we observed as well.

Thank you. Thank you. Do you have any other questions for me? Uh, yes. I was a little So, how many We're adding three stores or We're adding four. We're adding three definite stores and then we have a ghost restaurant. So, we're Oh, that's a ghost. The restaurant's a ghost. Okay, I got you. Okay. So, Uncle Jeppes, I was just in the one in Masipa a couple of days ago. So, is this going to be like a full service uncle Jeppi? No, Uncle Jeppes is there already and this is just a catering order for a takeout for catering. Okay.

So, they someone can go they can order catering and then they just pick it up there. So, it's just go there. Okay. So, it's not like a full like the one over there is like a full store. It's because they're, you know, they're having a separate area for to pick up and order catering. You guys bring No, not today. It's been a time, right? Um, what about the physical? Yeah. What's the physical therapy? Is how's that going to operate? So, it's by appointment only. Um, okay. And there'll be a physical therapist there and the I think a chiropractor and and and uh what about staff?

How many you want around? How many staff? Yeah, there'll be there will be around five employees. All four locations. Oh, no. Well, the for No, for the physical therapy, there'll be around five employees. For Just Salad, there'll be around nine employees. Okay. For the Just Salad. Oh, for there will be three employees for Uncle Jeppes. And then for the ghost restaurant, we we're staying around nine employees too for like just these seven days a week these stores or

so um physical therapy is Monday through Saturday. Um and everything else is seven days. Hours of operation. I'm sorry. Hours of operation. So the hours of operation is the physical therapy is 9 to5. The just is 10:30 to 9:30 p.m. The um and uncle Jeppes is hold on I have the uncle Jeppes is 7 a.m. to 7 p.m. And the ghost restaurant will be similar to just

Thank you. Um, so the only thing you're here for is the parking varian. So, uh, okay. Anything else from you guys? I mean, I can I have my conclusion if you would like me to or I can. Oh, yeah, that's fine.

Okay. So, the requested variance will allow the center to remain viable and attractive to quality tenants, ensuring continued economic activity, employment, and convenience for residents. The proposed interior alterations would not produce any undesirable change in the character of the neighborhood. Za Plaza had function as a multi-tenanted commercial center with adequate ingress and egress from existing driveways and parking demand is expected to remain consistent to prior uses. The benefits thought from this variance cannot be achieved by any feasible alternative and the requested variance is not substantial in relation to the total number of spaces currently provided. The proposed variance will not result in any adverse effect on the physical environmental conditions of the neighborhood. And finally, the hardship is not self-created. The site's longestablished layout precludes the addition of new parking to maintain a self and functioning parking lot. We believe the request is reasonable and supports the long-term stability and success of this commercial corridor. We appreciate the board's time and consideration of this request and we are happy to provide any additional information or answer questions regarding the parking demands. Thank you.

Thank you. I don't think I asked. Does anybody would anyone like to be heard on this application? The record there are none. Uh does need an egg. Okay. So, I'll make a motion to approve a negative declaration on application 25170. Second. All in favor? I I'll make a motion to approve application 25170. Second. All in favor? I. Thank you. That concludes the