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Regular Announcements Below This - Scroll Down---------------------------------------------------------------
Tue 10/7 Update
Last week, Dunkin Donuts decided to hang up a traditional Dunkin Donuts sign violating the Signage Ordinance and the Architecture Review Board's agreement with the Donuts Donuts franchise owner, TBG. Numerous complaints were lodged with Village Hall and they demanded TBG immediately remove the illegal sign which they promptly did. TBG complained that the wood curved sign was taking too long, hence they broke the rules to advertise Dunkin Donuts.
Wed 9/10 UpdateOn Monday, 9/8 the Pleasantville Board of Trustees announced the following proposed amendments to the introductory local law 2008-181 which to summarize the major points improves upon the definition of what a restaurant is, prohibits drive-throughs for non-bank establishments, adds a new formula fast food establishment definition and restricts their establishment, and clarifies and restricts 1st floor permitted uses for professional services (e.g. legal services, architectural, brokerage firms, accounting, etc) in the central business districts. Public comment is open now. You can read the
original document on the Village's website. Next public comment meeting is on the agenda for the Mon, October 27th meeting. Please provide feedback to the trustees and village administrator before then as well.
- Ben Serebin, Pleasantville Resident
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Hello Everyone,
The vast majority of the people I speak with are upset to hear about the planned Dunkin Donuts across from the Jacob Burns (2nd Dunkin Donuts in Pleasantville), so I realized it would be good if I had a special section dedicated to it. I'll update this area with Dunkin Donuts related issues which includes the business moratorium and ordinance changes.
This issue was caused by a ruling by the Pleasantville Building Inspector (Mike Testa) on 11/28/07 due to the lack of definition of the current zoning for a bakery (section 185:11, no definition of bakery), simplistic definition of a fast food restaurant (more than 8 seats with ready to consume food), "one hundred feet of the intersection" of any business street as per section 185-22 section 12 (a) [4], and "lack of applying the interpretation or conflict of the zoning and ordinances, the more restrictive language should apply" (section 185-59 section B). His consultation of a dictionary for defining what a bakery is should have been targeted to the board of trustees for clarification especially since most people would probably classify Dunkin Donuts as fast food (since the company labels it as such and so does the franchise owner). In essence, the application was a technique of a wolf in sheep's clothes. Challenges via a Zoning Board Appeal in section 185-55 or an article 78 to applications are required within 30 days, which was not available to me since I became aware of this after that period.
There is a solution that we can promote to prevent uncontrolled increases of fast food businesses and franchises in Pleasantville, and it's called Business Formula Ordinances (BFOs). To summarize the explanation of this, it means that each business would need to be to a certain degree unique and could not be cookie cutter like, e.g. same trademark, signage, tables, lighting, menus, uniforms, etc. The BFOs can be as restrictive (e.g. no businesses sharing trademarks, menus, signage, etc) or accommodating as desired (e.g. capping the # in an area or entire business district, such as up to 5 business allowed in the village sharing trademarks, menus, signage, etc). Traffic safety should also play a role in approving businesses in Pleasantville.
Read the following PDFs or websites just by clicking the links:
Original Building Permit Application filed by T.B.G. Food Acquisition Corp (aka Dunkin Donuts owner Manhattan based private equity firm The Beekman Group L.L.C.) on November 25, 2007. There are mistakes on the application and the identity of the signature of the owner is unknown even to Mike Testa (building inspector).Background on The Beekman Group Private Equity Firm and TBG as per Westchester County Business Journal interview with John Troiano and Peter Marrinan. Peter has attended at least one Pleasantville meeting. Or
read it on the Westchester County Business Journal website.
The Examiner Article of March 10, 2008 announcing the Pleasantville Downtown Business Moratorium and "know your Neighbor" highlight of Ben Serebin.The New York Times Article on May 25, 2008 "Punching a Hole in Paradise" about the planned Dunkin Donuts and use of Formula Businesses. Interview with Mayor Bernard Gordon and Pleasantville Resident Ben Serebin. Or
read it on the NY Times website.Pleasantville Zoning Map of Business Districts (A1 & A2) Affected by Business Moratorium.[Provided to Pleasantville Board of Trustees during May 19, 2008 meeting & Westchester County Legislator John Nonna who was present]
List of some Municipalities that have Implemented Formula Business Ordinances (e.g. Port Jefferson NY, Fairfield CT, Bristol RI, Chesapeake City MD, Nantucket MA, Portland ME, Ogunquit ME, Coronado CA, Pacific Grove CA, San Francisco CA, Sanibel FL, Sauslito CA, & York ME to name a few.Formula Business Ordinance upheld by California Court of Appeals[Provided to Pleasantville Board of Trustees during May 19, 2008 meeting & Westchester County Legislator John Nonna who was present]
Port Jefferson, NY (on Long Island) Business Formula Ordinance (BFO) Code (I've provided the exact sections that discuss the BFO.)City of Portland, ME's BFO Code. This is a good example like the Port Jefferson, NY code.Pleasantville, NY Local Law code for Signage as of Jan 2008
Dunkin Donuts Website Press Release announcing that Dunkin Donuts received the award of "Best Fast-Food Coffee" - maybe they are a fast food franchise company?
-Ben Serebin, Pleasantville Resident
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1 comment:
Hello All,
Here are my notes from the meeting tonight.
Zoning for a "discreet" used car lot.
Auto mechnic's representative suggested the following.
- discussion about creating a separate overlay or zoning for this type of business.
- 6-7 residents voiced opinions in favor of the used car lot for the mechanic. No one was against
it.
- Mayor Bernard - reservations about a used car lot in Pleasantville due to past feedback from the
community. 1972, 1990's changes made were made to rules around gas stations and auto-body shops.
- Peter - concern about the use in A1.
- Joseph - identify other sites that could work. Entertain idea, but not support it.
Library Update as provided by Russ (TG&B Architect), Chris, Library director
As stated by Russ or library directory.
- flat roof. New membrane was put on 1992 due to updated HVAC system, but old was not removed.
- Solar Panels unearthed issue that roof can't handle the load.
- Report reviewed roof membrane and lighting. Roof is $500k, lighting is $20k.
- Roof needs to be replaced in 1-3 years since it's a roof on a roof.
- upgrade would be $525k in 2009.
- EPM rubber, most prevalent single ply membrane in use today.
- roof windows to skylights
- NIPA(?), recommended solar panels, but not possible due to roof support issues.
Thoughts on this
- approve separate overlay for auto-mechanic's business.
- roofing cost seems a bit expensive, get additional quotes.
- Library is planning on looking at large scale capital projects this summer, so I would recommend
waiting until that time. Why not apply the $500k on a larger scale project.
Let me know if you have any questions.
-Ben
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