September 18, 2025, Regular Meeting

PUBLIC QUESTIONS co Kevin Malanga (Ridge Road) asked if this is designed with deliveries in mind and where they would be occurring. Mr. Grimaldi said that deliveries would be occurring through the front doors with no hindrance but that Mr. Malanga would have to wait for testimony from the Engineer for logistics. PRESENTATION o Mr. Michael Dick, Acoustical Engineer was sworn under oath, credentials were received and accepted by the Board as a professional in the field of Acoustical Engineering. co Mr. Dick provided testimony from the Report and Analysis (Dated February 3, 2025) and stated that Mr. Grimaldi’s findings were consistent. BOARD QUESTIONS o Mr. Dubovy asked for confirmation of the distance from the Menu Board to the Southern property line. Mr. Dick said that it is approximately 30-35 feet. Mr. Dubovy followed up by asking if there is any sound generated by the board and how it compares with the code. Mr. Dick said it was not measured but HVAC, Trucks with refrigeration were for nighttime operations. o Mr. Scott asked for a walkthrough of the modeling. Mr. Dick responded that the Sound Plan for ICOS with anticipated and realistic sounds occurring. o A. Weiss asked if no drive through, what would the guesstimate be. Mr. Dick said that the HVAC equipment would be driving the sound most. o L. Cohen asked ifthe looked at the Master Plan. Mr. Dick said he is aware of it. Mr. Cohen asked about the trees on the property. Mr. Dick said that the ones there presently, won’t make a big difference. co Chairperson Neuer asked if Mr. Dick visited the site. He said he has twice. Chairperson asked about the existing conditions on the site. Mr. Dick said that he could not remember. Chairperson asked how many cars can be in que for the drive thru. Mr. Dick answered eight (8). Chairperson followed up by asking if there are any recommendations of reducing. Mr. Dick said no because eight (8) is the number proposed and is in his opinion “arbitrary”. PROFESSIONALS QUESTIONS o No Questions from Mr. Hess. o Mr. Dochney asked for clarity in the June 2024 report; there is information missing. Mr. Dick said it was mainly for aesthetics. PUBLIC QUESTIONS o Kevin Malanga (Ridge Road) asked if the liner is unequal to the exponential. Mr. Dick answered in the affirmative. Mr. Malanga asked if Mr. Dick would purchase a home in this area. Mr. Dick said that he is not

anga (Ridge Road) asked if the liner is unequal to the exponential. Mr. Dick answered in the affirmative. Mr. Malanga asked if Mr. Dick would purchase a home in this area. Mr. Dick said that he is not in the market to purchase a home. o Hussein Ismail (6 Rosney Terrace) asked what separtes this application site from the lines of property. Mr. Dick said a fence. Mr. Ismail asked about the levels of sound for the surrounding properties at night. Mr. Dick said at night it is about 50 decibels. Ms. Kinback offered redirect. It was at this time Chairperson repeated the announcement from earlier in the meeting that this application ZB-22-13 MPB Realty LLC (470 Eagle Rock Avenue) is being carried with preservation of notice to the October 23, 2025, Special Meeting.