September 23, 2021 Regular Meeting

Mr. Petry said that the four spaces underneath the deck are going to be used for employees but he would like the architect to confirm that. e Mr. Jerry Eben asked if there was going to be signage for the employee parking. Mr. Petry said that they can agree to that. ° Mr. Eben followed up his question with asking about fire separation, where Mr. Petry deferred to the Architect for his answer. PUBLIC ADVOCATE QUESTIONS e Mr. Sarabraj Thapar, Esq. (Public Advocate) asked if someone could drive through the bottom of the deck because the flow doesn’t seem “workable”. Mr. Petry answered that a K turn would be necessary. © Mr. Thapar followed up by asking if safety precautions could be utilized. Mr. Petry said that for a drive aisle it just wouldn’t make sense. “You can see the four spaces, that’s why we didn’t count on that in the plans.” NO PROFESSIONAL QUESTIONS PUBLIC QUESTIONS e Ms. Palwasha Deftani (1043 Smith Manor Boulevard) asked how secure the deck is. Mr. Petry confirmed that the deck with retractable canopy is secure. e Ms. Deftani said that in reference to privacy, she is not comfortable with proximity and the possibility of people littering from the cliff. She also wanted to know what steps are being taken to ensure that is not going to happen. Mr. Petry said that the edge of the deck is 75 feet from the cliff with the closest property being 750 feet away which is comparable to two (2) football fields so doesn’t see how that is possible. e Mr. Christian Wypasek (1020 Smith Manor Boulevard) asked about the HOA boundary lawsuit and how does the site plan provide vegetation screening. Mr. Williams objected to the question and testified that his office has never been contacted with complaints or violations. Ms. Beirne added that the agreement is not the matter to bring before this Board. e Mr. Wypasek then asked about screening. Mr. Petry said that screening is not part of this application. e Inresponse to this, Vice Chairman Schwarzbaum asked Mr. Paul Grygiel about separations with ordinances but Mr. Grygiel confirmed that this application only deals with parking. e Ms. Kate Distasio (1010 Smith Manor Boulevard) asked about the height impact and if the structure is higher than the existing building. Mr. Petry said that question is better suited for the Architect. e Ms. Emily Jones (1094 Smith Manor Boulevard) asked about the

eight impact and if the structure is higher than the existing building. Mr. Petry said that question is better suited for the Architect. e Ms. Emily Jones (1094 Smith Manor Boulevard) asked about the noise/light ordinances. Mr. Petry answered that light will have reduced glare and spillage but it would be more appropriate for the Operator/Owner to answer in regards to noise. e Ms. Joyce Rudin (38 Woodland Avenue) asked if no outdoor seating would parking be lowered? Mr. Petry answered in the affirmative. e Ms. Rudin then followed up by asking if saving those three spaces would there be a light issue. Mr. Petry said that he disagrees and this application proposes three (3) fixtures lower in height where no one at the bottom of the hill will be able to see. e Ms. Rudin asked about how COVID came into play. Mr. Petry responded that the applicant is considering COVID as result of the burdens to stay in business.