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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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2 comments:
Hello Everyone,
My notes from last night's meeting. These are just part of the topics covered that I felt were important for residents.
-Ben
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During the open business portion of the meeting, I asked the board the following 2 questions.
1) At the last work session the topic of repairing the library roof was discussed and the over half million dollar amount seemed a bit high. From previous meetings for bid out work, there were a minimal of 3 quotes requested. Did this occur for the work on the roof repair proposal submitted?
Response from the Mayor and Peter.
- the bid by TD&G was actually a budget estimate proposal. Once the time to request the actual repairs proposals, this will be a public request for bids.
2) As per the public notices of the meeting agenda. Could the village list the businesses associated with the business moratorium waivers?
As per the Board
- business names will be added to the waiver requests.
Board Members Present
- Mindy Berard
- Peter Scherer
- Jonathan Cunningham
Mayor Present
- Bernard Gordon
Music Festival
Joan Osborne is the closing act and is being promoted by 107.1 The Peak
Village Assessor
- job available, apply at the Village Hall
Waiving Moratorium Requirements for 19 (Flower and Son Bakery - cupcakes) & 106 Washington Avenue (oral surgeons office). Planning Commission voted for waivers for both and passed back to the board to vote, and approved it.
Business moratorium. Jonathan asked about the status of the feedback for the various committees. Peter summarized that each board is in the process of getting results and the board should know within the next few weeks.
Civil Service Employees Association - a 3.5-3.8% raise each year for 4 years. Patty and CSEA negotiated it and board approved it.
Development Discussions/North End of Memorial Plaza
- focus on improving greening of memorial plaza toward end near Manville
- 3 attendees expressed interested in increasing the focus on bicycle lanes
- focus on improving the greening and parking beyond the Jacob Burns up the hill on Manville
- letters of support desired for plan. Please submit to Patty in the Village Office.
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Hi Ben,
Patti Dwyer here! Nice site! Two things:
CSEA raises 3.3%, 3.7%, 3.3% and 3.7% over the next 4 years;
Trustee Berard requested that you change her contact # to Judy's 769-1975.
Thanks and have a nice day.
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