Nov 03, 2026 Planning Board

OKAY. GOOD MORNING EVERYONE. WELCOME TO VOTING DAY PLANNING BOARD MEETING.

[ATTENDANCE]

[00:00:06]

[1. OCTOBER 6, 2026 MEETING ]

MOTION TO APPROVE. CAN I GET A SECOND? YES. ALL IN FAVOR? ANYONE OPPOSED? MR. CITY ATTORNEY, IT'S ALL YOURS.

[CITY ATTORNEY UPDATES]

THOSE WISHING TO PARTICIPATE IN TODAY'S MEETING VIA ZOOM MAY DIAL THE TOLL FREE NUMBER, WHICH IS (877) 853-5257, AND ENTER THE WEBINAR ID, WHICH IS 86143426327.

POUND, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 86143426327.

INDIVIDUALS WISHING TO SPEAK ON AN ITEM MUST CLICK THE RAISE HAND ICON IF USING THE ZOOM APP OR DIAL STAR NINE.

IF PARTICIPATING BY PHONE BEFORE. I SWEAR IN THOSE WHO ARE TESTIFYING, I'M GOING TO READ INTO THE RECORD THE CITY'S NOTICE REGARDING LOBBYIST REGISTRATION.

IF YOU ARE APPEARING ON BEHALF OF A BUSINESS, A CORPORATION OR ANOTHER PERSON, INCLUDING AS AN ARCHITECT, ATTORNEY OR REPRESENTATIVE OF AN APPLICANT OR OBJECTOR, YOU NEED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK'S OFFICE BEFORE SPEAKING TO THE BOARD.

YOU DO NOT HAVE TO REGISTER AS A LOBBYIST IF YOU ARE SPEAKING ONLY ON BEHALF OF YOURSELF AND NOT ANY OTHER PARTY.

YOU ARE TESTIFYING AS AN EXPERT WITNESS, PROVIDING ONLY SCIENTIFIC, TECHNICAL OR OTHER SPECIALIZED INFORMATION IN THIS MEETING OR YOU ARE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT COMPENSATION TO EXPRESS SUPPORT FOR OR OPPOSITION TO ANY ITEM.

EXPERT WITNESSES AND REPRESENTATIVES OF NEIGHBORHOOD ASSOCIATIONS SHALL, PRIOR TO APPEARING, DISCLOSE IN WRITING TO THE CITY CLERK THEIR NAME, ADDRESS AND THE PRINCIPAL ON WHOSE BEHALF THEY ARE COMMUNICATING.

THESE RULES APPLY WHETHER YOU ARE APPEARING IN FAVOR OF OR AGAINST AN ITEM, OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION OR CONTINUANCE. I WILL NOW SWEAR ON EVERYONE WHO IS PHYSICALLY PRESENT IN CHAMBERS AND INTENDS TO TESTIFY.

[SWEARING IN OF PUBLIC]

IF YOU WILL BE GIVING TESTIMONY, PLEASE RAISE YOUR RIGHT HAND.

DO YOU SWEAR THAT THE TESTIMONY YOU WILL BE GIVING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? THANK YOU. THANK YOU VERY MUCH.

ALL RIGHT. WE'RE GOING TO START WITH REQUEST FOR CONTINUANCE, WHICH THERE ARE SEVERAL. THE FIRST ARE COMPANION ITEMS.

[2. PB25-0808, SOUTH POINTE OVERLAY DISTRICT – LDR AMENDMENT.]

[3. PB25-0809, SOUTH POINTE OVERLAY DISTRICT – COMPREHENSIVE PLAN AMENDMENT]

MR. CHAIR, THIS IS A PRIVATE APPLICATION OR. BOTH OF THEM ARE PRIVATE APPLICATIONS AND THE APPLICANT CONTACTED US AND REQUESTED A CONTINUANCE TO THE DECEMBER 8TH MEETING. I BELIEVE THEY'RE HERE. I DON'T KNOW IF THEY HAVE ANYTHING ELSE TO ADD.

STAFF HAS NO OBJECTION TO THIS. WE URGE THE APPLICANT TO CONTINUE WORKING WITH THEIR NEIGHBORS.

BECAUSE I KNOW THEIR NEIGHBORS HAVE EXPRESSED SOME CONCERN ABOUT THE PROPOSAL, AND WE SUPPORT THE CONTINUANCE IN AN EFFORT TO DO THAT.

ANYBODY IN CHAMBERS SPEAK ON THIS. ANYBODY ON ZOOM? YES, WE HAVE JOHN STIMMEL. JOHN. GOOD MORNING. IS THIS THE HELICOPTER PAD? NO. AND BY THE WAY, THAT'S LIKELY GOING TO BE CONTINUED.

SO THAT'S NOT GOING TO BE HEARD TODAY. CAN WE TALK ON THAT OR SPEAK TO THE CONTINUANCE ABOUT THAT WHEN IT COMES UP? OKAY. NO PROBLEM. I JUST DIDN'T WANT TO PASS THIS ONE AND NOT MISS IT.

YEAH. I'LL WAIT. THANK YOU. ALRIGHT. ANYBODY ELSE? NO. OKAY. CAN WE MOVE THEM TOGETHER? YES. OKAY.

CAN SOMEONE MOVE? MOTION TO CONTINUE. I'LL SECOND THAT.

BOTH TO DECEMBER. OKAY. YEP. ALL RIGHT. ALL IN FAVOR? AYE. ANYONE OPPOSED? OKAY. SO MOVED. NEXT ONE.

PLANNING BOARD FILE 260826 WALTON BEACH BAYFRONT OVERLAY, TEMPORARY CELL CENTER.

[4. PB26-0826, ALTON BEACH BAYFRONT OVERLAY TEMPORARY SALES CENTER.]

AND STAFF HAS NO OBJECTION. OKAY. ANYONE IN CHAMBERS ON THIS? ANYONE ON ZOOM? NO. I WANT TO MOVE IT. MOTION TO CONTINUE.

SECOND. OKAY. AND AGAIN THIS DECEMBER. CORRECT.

OKAY. ALL IN FAVOR? ANYONE OPPOSED? OKAY. PLANNING BOARD FILE 260827.

[5. PB26-0827, NORTH BEACH RESIDENTIAL INCENTIVES – LDR AMENDMENT.]

[6. PB26-0828, NORTH BEACH RESIDENTIAL INCENTIVES – COMPREHENSIVE PLAN AMENDMENT.]

COMPREHENSIVE PLAN AMENDMENT. THANK YOU, MR. CHAIR.

WE'VE BEEN MEETING WITH THE PROPERTY OWNER AS WELL AS THE COMMISSION SPONSOR.

THEY ARE STILL WORKING OUT THE DETAILS OF THIS PROPOSAL.

THIS IS LIKELY TO TO CHANGE AS THEY'RE WORKING WITH THEIR NEIGHBORS, AND THEY ARE REQUESTING A CONTINUANCE AS WELL TO THE DECEMBER 8TH MEETING.

AND STAFF HAS NO OBJECTION TO THIS. WE DO URGE THE APPLICANT TO CONTINUE WORKING WITH THEIR NEIGHBORS.

OKAY. ANYBODY IN CHAMBERS ON THIS ZOOM? NO. OKAY.

SO WANT TO MOVE IT? MOTION TO CONTINUE. BOTH OF THEM.

OKAY. YEAH. OKAY. TO DECEMBER. ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY. PLANNING BOARD FILE OH EIGHT.

[7. PB26-0847 A.K.A. PB24-0680 A.K.A. PB 1922,  2201 COLLINS AVENUE.]

[00:05:02]

AND STAFF HAS NO OBJECTION. ANYONE IN CHAMBERS ON THIS ONE? ANYONE ON ZOOM? OKAY. SO I WANT TO MOVE IT. MOTION TO CONTINUE.

SECOND. OKAY. ALL IN FAVOR? ANYONE OPPOSED? OKAY.

PLANNING BOARD. PB 260852 HELIPAD IN THE I-1 DISTRICT.

[8. PB26-0852, HELIPADS IN THE I-1 DISTRICT.]

IT IS ACTUALLY A COMMISSION SPONSORED APPLICATION. BUT THE COMMISSION SPONSOR IS WORKING WITH THE PROPERTY OWNER ON THIS, AND THEY ARE REQUESTING A CONTINUANCE TO THE FEBRUARY 2027 MEETING, ACTUALLY.

AND STAFF HAS NO OBJECTION TO THIS. THEY'RE THE I BELIEVE THE INTENT IS TO DO MORE NEIGHBOR OUTREACH WITHIN THE, WITHIN THE AREA AND STAFF IS SUPPORTIVE OF THAT.

MR. COMMISSIONER IS SPONSORING IT IS. COMMISSIONER.

JOE. MAGAZINE. OKAY. ANYONE IN CHAMBERS ON THIS? ANYONE ON ZOOM? YES. WE HAVE SAME GUY, JOHN STIMMEL.

OKAY, JOHN. YOU'RE UP. THANK YOU. I'M JOHN STIMMEL.

I'M PRESIDENT OF THE ICON SOUTH BEACH. ONE OF EIGHT NEIGHBORING CONDOMINIUM BUILDINGS THAT REPRESENT ABOUT 2000 RESIDENTS.

I UNDERSTAND THE CONTINUANCE REQUESTED TODAY, BUT I'D LIKE TO EXPLAIN WHY I BELIEVE THE BOARD SHOULD PROCEED WITH ITS CONSIDERATION RATHER THAN DELAY THE MATTER FOR THE HELICOPTER NOISE DEMONSTRATION.

WE AGREE TO COOPERATE WITH TESTING AT THE LAND USE COMMITTEE'S REQUEST.

BUT OUR FUNDAMENTAL OBJECTION HAS NEVER BEEN ABOUT THE SOUND OF ONE HELICOPTER ON ONE PARTICULAR DAY.

THE PROPOSED DEMONSTRATION INVOLVES AN AIRBUS H 161 OF THE QUIETER HELICOPTERS IN OPERATION.

BUT EVEN A FAVORABLE TEST WOULD TELL US NOTHING ABOUT WHAT THE RESIDENTS MIGHT EXPERIENCE OVER THE NEXT 10 OR 20 YEARS.

THE PROPOSED ORDINANCE WOULD PERMIT HELICOPTER ARRIVALS AND DEPARTURES BETWEEN 8 A.M.

AND 10 P.M., BUT IT CONTAINS NO EXPRESS LIMITS ON THE NUMBER OF FLIGHTS, AIRCRAFT TYPE, NOISE LEVELS OR NUMBER OF USERS.

AND I DON'T THINK IT ULTIMATELY CAN. OWNERSHIP CAN CHANGE, HELICOPTERS CAN CHANGE, OPERATING PATTERNS CAN CHANGE, AND RESTRICTIONS IMPOSED TODAY MAY BE MODIFIED BY THE FUTURE COMMISSIONS.

THOSE ARE LAND USE QUESTIONS THAT A SINGLE NOISE DEMONSTRATION CANNOT RESOLVE.

WE'VE ALREADY SUBMITTED OUR OBJECTIONS IN WRITING.

AND THE BOARD HAS PROPOSED ORDINANCES AND STAFF RECOMMENDS BEFORE IT MY POSITION, AND I BELIEVE THE POSITION OF THE OTHER PRESIDENTS OF THEIR CONDOS IS THAT ADDITIONAL TESTING WOULD NOT CHANGE OUR FUNDAMENTAL OBJECTIONS.

I WOULD THEREFORE PREFER THAT THE BOARD CONSIDER THE ORDINANCE ON ITS OWN MERITS TODAY, RATHER THAN POSTPONE THE MATTER FOR A DEMONSTRATION THAT CANNOT ANSWER THE CENTRAL QUESTIONS. ANYBODY ELSE ON ZOOM? YES, WE HAVE B OH, BRIAN NEESON. HOLD ON. LET ME HEAR A LITTLE BIT PUBLIC COMMENT.

GO AHEAD. SORRY. WHO WAS IT? B O'BRIEN, BE O'BRIEN.

YES. CAN YOU HEAR ME? YES. OKAY. MY NAME IS BRIAN O'BRIEN.

ACTUALLY, IT'S AN EASY ONE TO REMEMBER. AND THANK YOU FOR TAKING TIME OUT TO TO LISTEN TO US.

AND IT'S NOT LOST ON ME HOW IMPORTANT TODAY IS BEING ELECTION DAY, YOU KNOW, IT'S PROVIDED US WITH THE RIGHT, THE OPPORTUNITY TO SPEAK OUT WHEN WE FEEL THAT THERE'S ISSUES THAT NEED TO BE ADDRESSED THAT THREATEN OUR WAY OF LIFE.

BUT I, I AM A PRESIDENT OF THE YACHT CLUB AT THE PORTOFINO, AND WE'RE HOME TO MORE THAN 500 PEOPLE.

WE'RE ACTUALLY THE LARGEST VOTING BLOCK SOUTH OF FIFTH.

IT'S IMPORTANT TO NOTE THAT OUR RESIDENTS WERE NOT INITIALLY INCLUDED IN ANY DISCUSSIONS.

INFORMATIONAL PROPAGANDA OR CONTEMPLATED TESTING.

THAT MR. SMITH HAS ALLUDED TO. I HAD TO ACTUALLY REACH OUT TO BE INCLUDED.

AND THIS IS NOT ONLY VERY CONCERNING TO OUR RESIDENTS, BUT IT SPEAKS VOLUMES TO THIS ENTIRE PROCESS.

AND TO SPEAK TO WHAT JOHN HAD MENTIONED IS I THINK IT'S A LITTLE DISINGENUOUS.

I THE SOUND ISSUE. IT IS WHAT IT IS. AND WE CAN TEST IT AND, YOU KNOW, HAVE SOME SUBJECTIVE COMMENTS RELATED TO THAT.

BUT THE REAL ISSUE, WHICH SEEMS TO BE CLOUDED AND OVERSHADOWED, IS ONE OF SAFETY AND WAY OF LIFE.

[00:10:06]

I'VE CONSULTED WITH INDIVIDUALS FROM DIFFERENT STATES THAT WERE HIGH, HIGHLY RANKED INDIVIDUALS IN THE AVIATION INDUSTRY.

AND THEY SAID THEY'VE DEALT WITH THESE ISSUES BEFORE TO PUT A HELIPAD ON TOP OF A BUILDING AND YOU COMBINE IT WITH JET FUEL NEXT TO A FERRY THAT RUNS EVERY 15 MINUTES. EXCUSE ME, THE LARGEST CRUISE SHIP PORT IN THE WORLD.

AND THEN THE COAST GUARD IS JUST THE REAL ISSUES.

AND WE FEEL THAT THIS THING SHOULD BE PUT TO BED SOONER RATHER THAN LATER.

AND STOP THESE DELAYS. THANK YOU VERY MUCH FOR YOUR TIME AND CONSIDERATION.

THANK YOU. ANYBODY ELSE? OKAY. MASON. GOOD MORNING.

NESSEN KASDAN, REPRESENTING ONE ISLAND PARTNER.

THE PROPERTY THAT WOULD HAVE THE HELIPAD. JUST BRIEFLY TO ADDRESS THIS.

NUMBER ONE. AS DEBBIE TACKETT MENTIONED, WE ARE COMMITTED TO WORKING WITH THE NEIGHBORS AND FURTHER OUTREACH WITH THE NEIGHBORS.

BUT I WOULD POINT OUT A COUPLE OF THINGS. NUMBER ONE, IF YOU LOOK AT THE ORIGINAL INJECTION FROM THE UNIT OWNERS WHO YOU JUST HEARD FROM, IT WAS ABOUT ONE THING. IT WAS ABOUT SOUND. WE DID A SIMULATION ACTUALLY, WHICH SHOWED THAT THERE ACTUALLY WILL BE VIRTUALLY NO SOUND EFFECT, NONE ON THE INSIDE TO SPEAK OF, AND VIRTUALLY NONE ON THE OUTSIDE AS WELL.

BUT THE NEIGHBOR SAID WE'D LIKE LIVE TESTING.

AND SO WE'RE IN THE PROCESS NOW OF TRYING TO ARRANGE THAT.

AND THEY ALSO HAVE ASKED THAT THIS. LET ME INTERRUPT YOU.

SO IS THE REASON FOR YOUR CONTINUOUS TO HAVE FURTHER OUTREACH WITH THE NEIGHBORS, FURTHER OUTREACH. LIVE TESTING. I DON'T THINK ANY OF US ARE GOING TO POSE THAT. SO I DON'T THINK YOU NEED TO KEEP GOING UNLESS UNLESS THE BOARD DECIDES.

I'M READY FOR MY MOTION. ALL RIGHT. WE ALWAYS WANT TO HAVE MORE OUTREACH. AND WITH ALL DUE RESPECT TO THEIR COMMENTS, WHICH THEY'LL COME BACK. AND IF THEY'RE STILL NOT SATISFIED, THEN WE'LL HEAR FROM THEM. THEN WE'LL HEAR FROM IT. OKAY. DON'T DELAY IT ANY LONGER THOUGH, BECAUSE YOU'RE NOT GOING TO TWIST. I ASSUME THAT'S WHY YOU WERE HERE. AND IF THAT'S WHAT YOU'RE DOING, MORE COMMUNITY OUTREACH, THEN WE'RE ALL FOR IT. SO THANK YOU. SO WE WANT TO MOVE IT. WHAT MONTH DO YOU WANT IT, NATHAN.

FEBRUARY. FEBRUARY. FOR FEBRUARY. THAT WILL GIVE US TIME FOR TESTING.

I'LL MOVE IN SOUTH POINT. I'LL MAKE A MOTION.

OKAY. KEITH MOVED IT. I'LL SECOND. OKAY. ELIZABETH.

SECOND. ALL IN FAVOR? AYE. ANYONE OPPOSED? THANK YOU.

ALL RIGHT. NEXT IS PLANNING BOARD FILE 2608595757 ALTON ROAD.

[9. PB26-0859, 5757 ALTON ROAD – ZONING MAP CHANGE.]

[10. PB26-0860, 5757 ALTON ROAD – FUTURE LAND USE MAP CHANGE]

THANK YOU, MR. CHAIR. THOSE ARE PRIVATE APPLICATIONS FOR A REZONING.

AND STAFF HAS NO OBJECTION TO THE REQUEST FOR CONTINUANCE.

THEY ARE REQUESTING THE CONTINUANCE TO THE DECEMBER 8TH MEETING.

GOOD MORNING EVERYONE. GRAHAM. GRAHAM BEFORE YOU.

OH. GO AHEAD. SORRY. GO AHEAD. VERY BRIEFLY. THIS THIS REQUEST TO CONTINUANCE IS RELATED AGAIN TO THE BOARD'S FAVORITE TOPIC.

CONTINUING TO WORK WITH OUR NEIGHBORS. THIS APPLICATION IS A SMALL ADDITION TO THE LA GORCE COUNTRY CLUB.

AND WE'RE WORKING WITH THE MOST IMPACTED NEIGHBOR ON SITE DESIGN ISSUES AND USE LIMITS.

SO WE'VE GOT A GOOD RESPONSE FROM HIM IN THE LAST WEEK, BUT WE STILL NEED TO KEEP TALKING.

SO WE WOULD LOOK TO MOVE TO THE. SO IT'S A SMALL I'VE ALWAYS HEARD THE LAST FEW YEARS THEY'RE KNOCKING THAT WHOLE BUILDING DOWN.

IS THAT INCORRECT. WELL THE THAT WE ALREADY HAVE APPROVALS FOR A COMPLETE RENOVATION.

THIS APPLICATION, WHICH IS VERY THRILLING AS WHEN YOU'LL SEE IT IS THE ADDITION OF A SINGLE ONE SINGLE LOT JUST NORTH OF THE EXISTING TENNIS COURTS TO THE CAMPUS, BECAUSE THE THE COURSE HAS BOUGHT IT.

SO THAT IS WHAT WE'RE DISCUSSING WITH THAT NEIGHBOR THAT'S IMMEDIATELY TO THE NORTH OF THAT.

ARE THEY RESISTANT BECAUSE OF THE PADDLE COURTS AND THAT YOU GUYS ARE PUTTING UP THERE? RIGHT. A CONTROVERSY OVER THE PADDLE COURT LOCATION AND THAT CONTROVERSY CONTINUES. AND THAT'S WHAT WE'RE IN THE MIDDLE OF DISCUSSING WITH THAT NEIGHBOR. OKAY. ANYBODY ELSE IN CHAMBERS ON THIS ANYONE TO ZOOM AND WHEN DO YOU WANT TO MOVE IT TO DECEMBER? OKAY. SO WANT TO MOVE IT, MOTION TO CONTINUE IT.

OKAY. MELISSA. SECOND. ALL IN FAVOR? ALL OPPOSED? OKAY. THANK YOU SO MUCH. THANK YOU THEN FOR BOTH.

ALL RIGHT. YES. FOR BOTH. ALL RIGHT. PROGRESS REPORTS.

[11. PB26-0848 A.K.A. PB23-0606 A.K.A. PB20-0344 A.K.A. PB18-0168 A.K.A. PB17-0168, 1759 PURDY AVENUE.]

WITH THE PROJECT NOW SUBSTANTIALLY COMPLETE AND UPDATED, TRAFFIC STUDY WAS CONDUCTED AND WAS EVALUATED BY BOTH THE CITY'S TRANSPORTATION AND MOBILITY DEPARTMENT AND A PEER REVIEWER. THE FINDINGS INDICATE THAT ALL STUDIED INTERSECTIONS ARE OPERATING AT ACCEPTABLE LEVELS OF SERVICE.

[00:15:08]

BASED ON THESE RESULTS, STAFF FINDS THAT THE SITE'S TRANSPORTATION AND MOBILITY OPERATIONS ARE PERFORMING AS INTENDED AND RECOMMENDS THAT THE PLANNING BOARD CONCLUDE THE PROGRESS REPORT. GOOD MORNING. MY NAME IS TRACY SLAVIN'S.

MY ADDRESS IS 3800 NORTHEAST FIRST AVENUE, SUITE 200.

I'M HERE TODAY ON BEHALF OF THE OWNER OF THE PROPERTY, 18 SUNSET TRUSTEE, LLC.

WE WERE REQUIRED TO COME HERE, AS JAKE MENTIONED, AT 75% OCCUPANCY OF THE PROPERTY.

AND IN DOING SO, WE ALSO NEEDED TO REVISIT OUR TRAFFIC STUDY AND REANALYZE ALL OF THE INTERSECTIONS OUR VALET OPERATIONS PICK UP, DROP OFF AND LOADING AND MAKING SURE THAT WE ARE NOT CREATING ANY NEW IMPACTS TO THE NEIGHBORHOOD.

I'M PLEASED TO REPORT THAT THE TRAFFIC STUDY CAME BACK SHOWING NO ISSUES WHATSOEVER.

I CAN ALSO REPORT THAT THE BUILDING HAS NO CODE COMPLIANCE VIOLATIONS, AND ALL OF THE BUSINESSES THAT ARE OPEN ARE THRIVING.

THE LULU BAKERY, WHICH YOU MAY HAVE SEEN SIGNAGE FOR ON THE PROPERTY, JUST GOT ITS PERMITS LAST WEEK.

SO THEY'RE STARTING CONSTRUCTION THIS WEEK. THE LAMBORGHINI LOUNGE IS ALSO UNDER CONSTRUCTION, AS IS AN ART GALLERY ON THE BAY ROAD SIDE OF THE PROPERTY.

SO WHO'S ACTUALLY UP? OBVIOUSLY UCHIKO AND IS AP OPERATING? YES THEY ARE. THERE ARE SEVERAL BUSINESSES ON THE UPPER FLOORS THAT ARE OPERATING NOW.

YEAH. AND WHAT'S COMING UP? BAKERY AND WHAT ELSE? THERE'S A BAKERY, THE LAMBORGHINI LOUNGE, WHICH IS A LAMBORGHINI BRANDED LOUNGE EXPERIENCE.

I BELIEVE YOU CAN ORDER CARS THERE. BUT THERE'S NO, IT'S NOT REALLY A SHOWROOM OR, YOU KNOW, AVAILABLE FOR TEST DRIVE. AND THEN AN ART GALLERY ON THE, ON THE EAST SIDE OF THE BUILDING.

AND WHERE'S THE BAKERY? IT'S CALLED LULU BAKERY.

WHERE, OH, WHERE IT'S NEXT TO THE LAMBORGHINI LOUNGE ON THE SOUTH SIDE OF PURDY AVENUE.

OKAY. YEAH. GOT IT. AND WHEN DOES THE LAMBORGHINI LOUNGE OPEN? WE'RE HOPING IN THE FIRST QUARTER OF NEXT YEAR.

IT'S JUST A MATTER OF GETTING THROUGH CONSTRUCTION INSPECTIONS AND CO.

AND THEN THE. AND THE ART GALLERY. WHAT ABOUT THAT ONE? THEY'RE BOTH AT ABOUT THE SAME STAGE OF CONSTRUCTION.

ARE THEY'RE GOING TO BE EVENTS THERE IN THOSE SPACES.

EITHER THOSE SPACES DURING ART WEEK? NOT YET.

NO, NOT THIS WEEK. THIS YEAR. BECAUSE. NOT READY YET.

YEAH. I MEAN, YOU KNOW, OBVIOUSLY. I MEAN, I'VE SEEN THE BALLET FIRSTHAND.

I MEAN, IT LOOKS LIKE THEY'RE ALWAYS OUT THERE OPERATING VERY WELL.

MY HESITATION. MY ONLY HESITATION REALLY, IS THAT, YOU KNOW, OBVIOUSLY WE SEE IN THE NEXT MONTH THE TRAFFIC IN THAT ONE INTERSECTION IS INSANE. AND SO WHEN YOU ADD TO IT, I ASSUME, YOU KNOW, MAYBE NOT THIS YEAR, BUT NEXT YEAR YOU HAVE THE LAMBORGHINI LOUNGE THAT'S GOING TO WANT TO HAVE ART WEEK PARTIES AS WELL AS THE GALLERY PLUS UCHIKO AT FULL CAPACITY.

AND, YOU KNOW, I IMAGINE A BAKERY IS LOW IMPACT, BUT THAT'S WHEN, YOU KNOW, WE'RE RUNNING TRAFFIC STUDIES RIGHT NOW.

BUT WHAT HAPPENS, YOU KNOW, ONCE THIS NEW LOUNGE OPENS UP AND I IT'S, I IMAGINE IT'S MORE OF A HOSTING ENTERTAINMENT SPACE IN ADDITION TO A SALES CENTER.

SO YEAH, I THINK ONE OF THE ISSUES NOW TRAFFIC RELATED, I LIVE IN SUNSET HARBOR IS THERE'S BEEN A LOT OF CONSTRUCTION ON DADE BOULEVARD AND WEST AVENUE. AND SO THE TRAFFIC ISN'T FLOWING THE WAY IT SHOULD, BUT I WOULD HOPE BY NEXT YEAR IT'S DONE SO THAT WE CAN ALL GET DOWN WEST AVENUE.

YEAH. OKAY. I MEAN, I DON'T KNOW WHAT THE SOLUTION IS, YOU KNOW, OTHER THAN, YOU KNOW, WAIT AND SEE.

I JUST IT'S A CONCERN THAT, YOU KNOW, THAT LITTLE VALET THERE THAT'S, YOU KNOW, TAKING UP THOSE SPACES DOESN'T HAVE A LOT OF SPACE FOR OTHER CARS TO PULL IN. SO WHEN LAMBORGHINIS ARE PULLING UP OR PULLING OUT, IF THEY SELL THEN YOU KNOW WHAT HAPPENS IN THAT LITTLE TINY CONGESTED AREA, ESPECIALLY GIVEN THE MEDIANS THERE AND ALL THAT. BUT I KNOW YOU LIVE THERE, I LIVE THERE, BRIAN LIVES THERE. SO AND WE HAVE SARAH DE LOS REYES WITH HER EYES LOCKED ON THE PROPERTY AT ALL TIMES.

WELL, THAT'S A THAT'S ENOUGH FOR ME. SHE HAS A BIRD'S EYE VIEW.

ALL RIGHT. ANYBODY ELSE IN CHAMBERS ON THIS? ANYONE ON ZOOM? OKAY, SO SOMEONE WANT TO MOVE IT? I'LL MAKE A MOTION TO MOVE IT SO THAT WE THE RECOMMENDATION FROM STAFF IS TERMINATED. TO CONCLUDE. YES. YEAH.

I'LL MAKE A MOTION TO CONCLUDE IT. OKAY. I'LL SECOND. SECOND.

ALL IN FAVOR? ANYONE OPPOSED? OKAY. THANKS. THANK YOU.

ALL RIGHT. NEXT IS MODIFICATION OF PREVIOUS APPROVED PROJECT PLANNING BOARD FILE 260861309 23RD STREET.

[12. PB26-0861 A.K.A. PB 2065, 309 23RD STREET.]

[00:20:06]

SPECIFICALLY THE APPLICANT IS REQUESTING TO CHANGE THE OWNER OPERATOR.

AS PART OF THE MODIFICATION. THERE ARE NO OTHER CHANGES REQUESTED.

THIS PARTICULAR PROPERTY DID RECEIVE A CONDITIONAL USE PERMIT IN 2016.

IT HAS BEEN OPERATING AS A RESTAURANT UP UNTIL RECENTLY, AND NOW THERE IS A NEW OPERATOR THAT IS PROPOSED.

SO STAFF HAS NO OBJECTION TO THE REQUEST FOR CHANGE IN OWNER OPERATOR.

WE DID NOTE, HOWEVER, THERE IS AN EXTENSIVE LIST OF NOISE COMPLAINTS.

THERE'S A FEW VIOLATIONS BUT BUT YOU KNOW THE THERE WERE 18 COMPLAINTS AS A RESTAURANT.

CORRECT. IN THE PALM COURT BUILDING ON 23RD STREET.

RIGHT. ALL THE VIOLATIONS BECAUSE OF THAT OPERATION AND YEARS AGO, OR AM I WRONG? NO, I MEAN, SOME OF THESE ARE MORE RECENT AND IT'S THEY, THEY HAVE, THEY HAD EXPANDED SEATING OUTSIDE.

AND WE THINK THAT'S PROBABLY WHERE MOST OF THESE COMPLAINTS ARE COMING FROM.

THEIR VIOLATIONS WERE NOT ISSUED EVERY TIME SOMEONE COMPLAINED.

BUT THERE WERE A COUPLE VIOLATIONS ISSUED. SO ALL WE'RE ASKING FOR IS THAT THE.

THE PLANNING BOARD APPROVED THE MODIFICATION FOR THE NEW OPERATOR AND BRING THEM BACK FOR A PROGRESS REPORT.

WE WERE RECOMMENDING FEBRUARY, BUT WE COULD ALSO PUSH THAT TO MARCH.

RIGHT. ALL I'M TRYING TO SAY ON THE RECORD IS ALL THE VIOLATIONS WERE PRIOR.

OPERATOR. THAT'S CORRECT. THAT'S ALL I NEEDED TO KNOW.

AND BY THE WAY, CAN I GET AN UNDERSTANDING? I THOUGHT WASN'T THERE GOING TO BE SOME NEW RULE THAT THAT THESE CHANGE OF OPERATORS WERE GOING TO BE DONE BY AFFIDAVIT? YES. IS THAT HAPPENING? THAT IS HAPPENING. THIS IS A 2016 COPY.

AND WE STILL HAD THE MODIFICATION REQUIREMENT BACK THEN.

BUT THE PROPOSED CHANGE HERE WOULD ALLOW THEM TO SUBMIT THE AFFIDAVIT AND AND NOT REQUIRE A MODIFICATION.

BUT I MEAN, I MEAN TO QUESTION THAT A BIT, THOUGH, IF YOU WE HAVE TO KNOW NOTHING.

SHOULDN'T WE KNOW SOMETHING? I MEAN, I KNOW THEY'RE HERE TODAY AND WE CAN TALK ABOUT IT TODAY, BUT SHOULDN'T WE KNOW SOMETHING ABOUT THE NEW OPERATOR TAKING OVER AND ABOUT THE OPERATIONS PLANS, ESPECIALLY IN LIGHT OF THE FACT THAT WITHIN THE LAST THREE YEARS THERE HAVE BEEN NOISE COMPLAINTS.

AND SO I GUESS IN I WOULDN'T NECESSARILY WANT TO JUST TAKE AN AFFIDAVIT WHEN THERE'S THAT.

RIGHT. THE NEW CONDITION WOULD REQUIRE THE AFFIDAVIT TO ATTEST TO ALL OF THE PREVIOUSLY IMPOSED CONDITIONS, AND IT WOULD REQUIRE A PROGRESS REPORT. SO A PROGRESS REPORT IS A DIFFERENT THRESHOLD THAN A FULL MODIFICATION IN TERMS OF THE NOTICING REQUIREMENTS, ETC.. SO WE WOULD STILL BRING THEM BACK TO THE BOARD AS A PROGRESS REPORT TO INTRODUCE THEMSELVES AND EXPLAIN THEIR THEIR SPECIFIC OPERATIONS.

AND I WOULD ALSO ADD THAT ALL OF THE CONDITIONS OF THE ORIGINAL APPROVAL ARE BINDING ON THE SUCCESSOR.

AND IF THERE WERE GOING TO BE A CHANGE TO THE OPERATIONS, AS YOU MENTIONED, THE OPERATIONAL PLAN, IF THERE WERE GOING TO BE A CHANGE TO THAT, THEN THEY WOULD NEED TO SEEK A MODIFICATION. I'M JUST I'M JUST SAYING IT.

I'M NOT NECESSARILY HERE, BUT FOR ANOTHER LOCATION, IT MIGHT BE MORE OF AN OPPORTUNITY FOR, FOR COURSE CORRECTION FOR, FOR A CUP THAT, YOU KNOW, WASN'T, YOU KNOW, NECESSARILY DIDN'T END UP AS INTENDED OR THE OPERATION DIDN'T END UP, YOU KNOW, EXACTLY, YOU KNOW, WHAT EVERYBODY HAD IN MIND FOR IT, ESPECIALLY IF THERE'S NOISE COMPLAINTS AND WHATEVER.

I THINK JUST A LITTLE BIT MORE SCRUTINY OF IT BECAUSE IT'S AN OPPORTUNITY TO IMPROVE, YOU KNOW, SOMETHING THAT MAY NOT HAVE BEEN WORKING, IF THAT MAKES SENSE.

SO I THINK I THINK WHAT HE'S GETTING AT IS, IS IT CAN'T STAFF.

DEBBIE. CAN'T YOU IF, IF THERE'S ONE OF THESE APPLICATIONS THAT THAT COMES UP AND THERE'S A NEW OPERATOR, BUT THERE'S CURRENTLY A NUMBER OF CODE VIOLATIONS AND THINGS THAT ARE GOING ON, COULDN'T YOU I THOUGHT WE PUT THIS IN THERE WHERE THE THE LETTER IS NOT SUFFICIENT.

THEY WOULD HAVE TO APPEAR BEFORE US. RIGHT. SO IF IF WE ARE ALERTED TO THE FACT THAT AN ESTABLISHMENT WITH A CUP IS GETTING VIOLATIONS OR GETTING MULTIPLE NOISE COMPLAINTS.

WE CAN CERTAINLY BRING THEM BACK. WE CAN SEND A CURE LETTER AND WE CAN BRING THEM BACK FOR A PROGRESS REPORT OR REVOCATION MODIFICATION HEARING.

AND WE'VE BEEN DOING THAT. THE LAST VIOLATION, THIS PARTICULAR ENTITY PROPERTY RECEIVED WAS IN 2024.

SO I BELIEVE THE, THE ESTABLISHMENT CLOSED AND HAS BEEN OUT OF OPERATION SINCE AT LEAST EARLY 2025.

SO I THINK IT'S IMPORTANT TO KEEP MONITORING THE PROPERTY, ESPECIALLY THAT HAS A HISTORY BECAUSE IT MAY NOT ONLY BE AN OPERATOR ISSUE, IT COULD BE THE UNIQUE GEOGRAPHY OF THE LOCATION, RIGHT? THERE ARE CERTAIN AREAS IN THE CITY THAT CREATE KIND OF A NOISE CANYON DEPENDING ON YOU KNOW,

[00:25:04]

SO THERE COULD BE OTHER ISSUES, BUT THE BOTTOM LINE IS THERE WAS A CUP ENTERED, THEY WERE GOING TO HAVE TO ADHERE TO IT.

IT'S MORE OF A COMPLIANCE ISSUE TO ME. NO, I JUST SPEAKING TO THAT BEING SAID, IF THE NEW OPERATORS CONTINUES TO GET PROBLEMS, THEN THEY'RE GOING TO COME BACK HERE FOR MODIFICATION. SPEAKING TO JONATHAN, I HEAR YOU.

IN OTHER WORDS, IF THIS PARTICULAR APPLICATION, IF IN THE PAST MONTH THERE WERE A BUNCH OF NOISE VIOLATIONS, I THINK WE WOULDN'T JUST BE THE LETTER WOULDN'T SUFFICE.

THEY WE SAY NO. REMEMBER ALL THE LETTERS THAT THEY'RE AGREEING TO ADHERE TO THE PRIOR.

YUP. BUT THEN IF THEY DON'T COMPLY WITH IT, THAT'S WHEN IT WOULD COME BACK TO US.

BUT I UNDERSTAND. ALL RIGHT. ANYBODY IN CHAMBERS ON THIS? OBVIOUSLY, RONNIE. OKAY. YES. HI. GOOD MORNING.

MEMBERS OF THE BOARD. MY NAME IS RON BLUMBERG.

I AM THE ENTITY. I REPRESENT THE ENTITY THAT IS THE REQUESTED CHANGE OF OPERATOR.

BUT I THOUGHT IT WOULD BE IMPORTANT FOR THE BOARD TO ALSO KNOW THAT I AM THE OWNER OF THE PROPERTY.

AND I'VE BEEN THE OWNER OF THE PROPERTY, AND I'VE HAD AN EQUITABLE INTEREST SINCE 1993, SO I'VE BEEN HERE FOR QUITE SOME TIME.

I WAS INVOLVED WITH A VERY SIGNIFICANT DOWN TO THE THE CORE HISTORIC RESTORATION OF THIS PROPERTY.

WE'VE, WE'VE STRUGGLED ON AND OFF OVER THE YEARS WITH HAVING TENANCY.

WE WERE VERY FORTUNATE TO HAVE THE MMP GROUP VILLAS OR RESTAURANT ENTER THE PROPERTY BACK IN 2011.

I'D LIKE TO MAKE A BIT OF A CORRECTION. THE ORIGINAL CUP WAS GRANTED IN 2012, NOT 2016, AND THE.

THE TENANCY HAS ALWAYS HAD AN OUTDOOR COMPONENT.

THE BUILDING IS A RATHER UNIQUE BUILDING. IT'S A U-SHAPED BUILDING.

IT'S GOT A WONDERFUL COURTYARD IN IT, AND IT BACKS UP TO THE FPL SUBSTATION JUST FOR REFERENCE, WHICH DOESN'T HAVE ANY RESIDENTS OR ANY OCCUPANTS IN IT.

AND IT'S A THREE STORY STRUCTURE. SO FOR, FOR MANY YEARS, THIS RESTAURANT WAS VERY POPULAR WITH AN ENTERTAINMENT COMPONENT.

AND IT OPERATED WITH NO VIOLATIONS THAT I, AS THE PROPERTY OWNER, WAS EVER MADE AWARE OF.

THOUGH APPARENTLY THERE WERE SOME COMPLAINTS THAT THERE WERE SOME CORRECTIONS.

I'D ALSO LIKE TO TO POINT OUT TO THE BOARD THAT STAFF HAS APTLY AND ACCURATELY NOTATED SIX VIOLATIONS, NOISE VIOLATIONS FROM FROM OCTOBER 21ST, 2022 TO OCTOBER 13TH, 2023. SO STAFF MENTIONED THAT IT WAS A 2024 VIOLATION, BUT THE LAST ONE WAS IN 2023.

SO WE HAVE APPROXIMATELY A HALF A DOZEN COMPLAINTS.

AND IF YOU READ THROUGH THE COMPLAINTS, I THINK ALL OF THEM CAME FROM THE SAME TRANSIENT RESIDENT IN ONE OF THE RESIDENCES NOT FAR, WHO DIDN'T WANT TO BE ON RECORD. REGARDLESS OF THOSE COMPLAINTS.

THE PPB GROUP WENT THROUGH A VERY PROTRACTED PERMITTING PROCESS TO PUT A STRUCTURED AWNING SYSTEM ON TOP OF THE COURTYARD, WHICH DIDN'T GO INTO PLAY UNTIL 2024.

THEY HAD WHATEVER THEIR FINANCIAL ISSUES WERE THAT DERAILED THEM IN 2025 AND THE UNFORTUNATE NATURE UPON WHICH THAT HAD OCCURRED. DURING THAT ENTIRE 2024 AND MOST OF HALF OF 2025, THERE WERE NO VIOLATIONS THAT THAT I'M AWARE OF, AGAIN, AS A FEE OWNER, THE PROPERTY OWNER.

AND I BELIEVE THAT THIS STRUCTURED AWNING SYSTEM, WHICH WAS A MULTI HUNDRED THOUSAND DOLLAR SYSTEM THAT WAS DESIGNED TO ALSO CONTAIN, NOT JUST PREVENT SOME OF THE RAIN, BUT ALSO CONTAIN SOME OF THE NOISE MAY BE A VERY STRONG MITIGATING FACTOR.

ALL OF THIS BEING SAID IT'S MY INTENTION TO BE PROACTIVELY INVOLVED NOT ONLY AS THE LANDLORD ENTITY AND OWNERSHIP ENTITY, BUT ALSO IN THE OPERATIONS ENTITY. AND FOR THE LAST SEVERAL MONTHS IN TERMS OF PRESERVING THE PERMITTING THAT WE HAVE, WHICH IS VERY COMPLICATED PERMITTING TO GET. I'M DOING SOME VERY IN-DEPTH INTERVIEWING WITH PARTIES THAT ARE GOING TO BE COMING IN AND ASSISTING IN THE PROGRAMING OF THIS VERY WONDERFUL SPACE.

IF YOU FOLKS HAVE NOT BEEN THERE, IT'S REALLY SOMETHING TO BE SEEN BECAUSE IT IT'S HIGHLY REPRESENTATIVE OF ONE OF OUR LAST GREAT HISTORIC MEDITERRANEAN REVIVAL ARCHITECTURE PROPERTIES. AND IT'S MY INTENTION TO MAINTAIN THE HISTORIC CHARACTER OF THE PROPERTY AND CONTINUE TO RETAIN IT.

WE HAVE A FAIR AMOUNT OF CONSTRUCTION THAT SOME FOLKS ARE AWARE OF THAT'S BEEN GOING ON ON 23RD STREET.

FPL, IN FACT, RIGHT NOW IS ENGAGED IN PROBABLY A 12 MONTH PROJECT WITH TRANSMISSION LINES THAT ARE GOING IN WHERE LIBERTY AVENUE IS CLOSED DOWN.

[00:30:05]

PRESERVING THIS PERMIT WITH THE PRINCIPAL OWNER THAT'S BEEN HERE FOR MORE THAN 30 YEARS.

I WOULD HOPE WOULD GIVE THIS BOARD SOME CONFIDENCE LEVEL THAT WHATEVER COMES TO FRUITION ULTIMATELY, AND WHATEVER REPORTING AND UPDATES WE DO FOR AND WITH STAFF WOULD BE SOMEWHAT ENCOURAGING.

AND I'M AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU FOLKS MAY HAVE.

IS THERE ANYBODY ELSE IN CHAMBERS SPEAK ON THIS? ANYONE ON ZOOM? NO. OKAY. AND JUST FOR THE BOARD'S THAT I'VE KNOWN FOR YEARS, AND I KNOW HE'S A VERY RESPONSIBLE, GOOD NEIGHBOR. SO JUST MY THOUGHTS. THANK YOU.

ANYWAY. ANY QUESTIONS? YEAH. I MEAN, HERE'S I'M LOOKING THROUGH THE, THE, I GUESS THE, THE MODIFIED CONDITIONAL USE PERMIT.

SO NUMBER ONE, THERE'S AN OUTDOOR COMPONENT TO THIS.

THERE'S ALWAYS BEEN RIGHT. AND THERE'S ALWAYS BEEN OUTDOOR ENTERTAINMENT IN THAT COURTYARD, RIGHT? I MEAN, I'VE SEEN PICTURES OF, YOU KNOW, A LOT OF THE RESTAURANTS TODAY, MANY OF THE RESTAURANTS THAT ARE OPEN BOTH ON MIAMI BEACH AND AND OFF OF MIAMI BEACH, HAVE AN ENTERTAINMENT COMPONENT WHERE THERE IS SOMEBODY PLAYING A GUITAR OVERLAY, THERE'S MUSIC, YOU KNOW, IT'S A PART OF THE SHOW THAT PEOPLE ARE COMING TO MIAMI BEACH FOR AND PAYING, YOU KNOW, AND QUITE FRANKLY, PAYING FOR IT. SO.

RIGHT. THOSE ENTERTAINMENT COMPONENTS ARE ARE VARIED.

BUT I GET IT. I'M NOT QUESTIONING IT. I'M I'M MORE MY QUESTION IS REALLY FOR STAFF.

SO WE HAVE THE SEA UP HERE, I GUESS ORIGINATING FROM 2016.

ANY TIME WE HAVE. EXCUSE ME. I'M SORRY. 2012 2012.

SORRY. THANK YOU. ANY TIME WE HAVE OUTDOOR ENTERTAINMENT.

I MEAN, THERE'S SO MANY MORE RESTRICTIONS THAT'S IN THERE.

THERE'S SPEAKER PLACEMENT, BAN, PERCUSSION LIMITATIONS, DANCE HALL LIMITATIONS.

I'M NOT SAYING, YOU KNOW, FOR THIS SPACE, SOME OF THAT'S NOT APPROPRIATE, BUT THERE NEEDS TO BE SOME SAFEGUARDS IN THIS ORDER.

I DON'T THINK THIS IS A LIKE, WHY ARE WE SO IF I COULD JUST CLARIFY THE EXISTING COPY DOES NOT INCLUDE PERMISSION FOR OUTDOOR ENTERTAINMENT.

SO OUTDOOR ENTERTAINMENT IS NOT CURRENTLY APPROVED FOR THIS PARTICULAR PROPERTY.

ALSO NOT PROHIBITED IN THERE. WELL IT IS PROHIBITED WITHOUT A CUP CITYWIDE.

I MEAN YOU CANNOT YOU CANNOT HAVE ENTERTAINMENT ANYWHERE IN THE CITY UNLESS YOU HAVE A PROBLEM.

BUT WHEN CODE COMPLIANCE GOES FOR A NOISE COMPLAINT, THEY LOOK AT THE CUP.

IT DOESN'T SAY ANYTHING'S PROHIBITED. AND THEN THEY SAY, WELL, THERE'S NOTHING TO ENFORCE HERE.

SO THAT'S MY ONLY COMMENT. BUT I INTERRUPTED YOU, I APOLOGIZE.

NO, NO, NO. AND I THINK THAT'S A VALID POINT.

AND I THINK PLANNING CAN, YOU KNOW, WE TRY TO COORDINATE AS MUCH AS POSSIBLE WITH OUR CODE COMPLIANCE OFFICERS.

BUT THAT IS A VALID POINT THAT IT MAY NOT BE CLEAR THAT THIS CUP DOES NOT INCLUDE OUTDOOR ENTERTAINMENT.

IT DOES INCLUDE INDOOR ENTERTAINMENT. YOU'RE TALKING ABOUT ENTERTAINMENT, NOT MUSIC.

I'M TALKING ABOUT. WELL, IT COULD BE. IT'S IT'S ONE OF TWO THINGS.

ANY LIVE PERFORMANCE WHATSOEVER OR ANY MUSIC THAT'S THAT INTERFERES WITH NORMAL CONVERSATION.

I GET THAT, BUT ENTERTAINMENT IS A SPECIFIC TERM.

THAT'S WHAT'S NOT ALLOWED OR ISN'T PROVIDED FOR.

LOUD MUSIC OR LIVE PERFORMANCE IS BASICALLY, YOU KNOW, LAYMAN'S TERM FOR ENTERTAINMENT THAT IS NOT ALLOWED OUTDOORS.

IT IS PART OF THE CUP FOR INDOOR. RIGHT? RIGHT.

OKAY. OKAY. SO WHAT THEY'RE REPRESENTING IS THAT THAT'S PART OF THEIR PLAN IS TO HAVE THAT ENTERTAINMENT.

I GET IT'S LIGHT ENTERTAINMENT, BUT IT'S, IT'S STILL ENTERTAINMENT.

THEIR PLAN IS TO HAVE THAT. AND SO INDOORS, WELL, IN THE COURTYARD, AS YOU SAID, COURTYARD THAT'S OUTDOORS.

SO, YOU KNOW, SINCE. SINCE THE DAY THAT THIS SPACE HAS BEEN OPEN, THERE HAS BEEN DINING IN THE COURTYARD AND THERE'S BEEN MUSIC.

YEAH, YEAH. NO, NO. THERE'S A DIFFERENCE BETWEEN ENTERTAINMENT AS LIVE PERFORMANCES VERSUS MUSIC.

WE'RE NOT SAYING YOU CAN'T HAVE MUSIC, BUT MUSIC ON THE OUTSIDE WILL BE WILL BE CONDITIONED BY CERTAIN HOURS AND NOISE LEVELS.

I, I'M MORE THAN HAPPY TO ESTABLISH A RELATIONSHIP WITH.

WELL, YEAH, BECAUSE YOU DON'T KNOW WHAT THE OPERATIONS. YOU CERTAINLY DON'T KNOW. AND, AND I'M NOT AWARE THAT THE VARIOUS PROGRAMING PREVIOUSLY SINCE THE AWNING WAS PUT IN.

YEAH. YOU KNOW WHAT MITIGATING IMPACT THAT HAS HAD.

I CAN ONLY SHARE WITH YOU THAT THERE'S BEEN NO THERE WERE NO VIOLATIONS FOR THE 16 OR 18 MONTH PERIOD OF TIME WHILE IT WAS OPERATING, WHILE IT WAS OPERATING WITH THE AWNING ABOVE.

I KNOW THEY ALSO HAD GONE IN AND IT STILL EXISTING WHERE THEY UPGRADED THE AUDIO SYSTEM TO HAVE THESE PROGRAMED SPEAKERS TO, YOU KNOW, AIMED IN A CERTAIN WAY. I'M NOT IN DEPTH FAMILIAR WITH SOME OF THE OTHER ISSUES THAT HAVE HAPPENED ON MIAMI BEACH.

[00:35:01]

AND I'M AGAIN, I KNOW WHAT THE STAFF RECOMMENDATION IS.

I LOOK FORWARD TO COMING BACK AND WORKING WITH STAFF AS THE SPACE GETS MORE PROGRAMED.

IT'S VERY IMPORTANT, YOU KNOW, WHEN WHEN I GET INVOLVED, WHEN ANY LANDLORD GETS INVOLVED WITH THESE TYPE OF RESTAURANTS AND ENTERTAINMENT ESTABLISHMENTS, WE'RE MAKING TEN, 15, 20 YEAR DECISIONS WITH THE FOLKS THAT ARE COMING IN AND GOING TO BE DOING SOMETHING WITH, WITH THE GROUND FLOOR SPACE REPRESENTING CLOSE TO 40% OF THIS PROPERTY.

IT'S VERY IMPORTANT. THIS IS ONE OF THE REASONS I'M THE ONE STANDING HERE AS THE OWNER OF THE BUILDING AND GOING TO BE CONTROLLING THE OPERATING ENTITY.

I NEED TO MAKE THE RIGHT DECISION. I CAN'T BE IN A SITUATION WHERE THERE ARE SIX VIOLATIONS THAT GO TO MY TENANTS, AND I NEVER EVEN FIND OUT ABOUT IT. OUT. AND THIS HAPPENS, BY THE WAY.

I MEAN, THIS HAPPENS ROUTINELY. I'M NOT AN ATTORNEY.

I REPRESENT THE OWNERS. I'VE BEEN HERE FOR 36 YEARS.

I'VE BEEN ACTIVELY INVOLVED WITH A NUMBER OF PROJECTS ON MIAMI BEACH.

IT'S NOT MY FIRST TIME BEFORE THE PLANNING BOARD, BUT IT'S BEEN QUITE SOME TIME SINCE I'M HERE. YOU'RE GOING TO BE ACTIVELY INVOLVED IN THE OPERATOR. I WILL BE. I WILL BE A PRINCIPAL IN THE OPERATING ENTITY.

EXACTLY WHAT MY PROGRAMING IS. I'M NOT I'M NOT IN THE ENTERTAINMENT BUSINESS, BUT I'M A BUSINESS PERSON.

RIGHT. AND FOR ME TO BE INVOLVED AND MAKE SURE THAT VIOLATIONS GET RESOLVED QUICKLY, TO MAKE SURE THAT THEIR OPERATIONS ARE RUNNING QUICKLY.

YOU FOLKS HAVE BEEN MAKING DECISIONS HERE FOR A LONG TIME, AND THERE'S QUITE A DICHOTOMY BETWEEN THOSE PEOPLE WHO OPERATE RESTAURANTS AND NIGHTCLUB ESTABLISHMENTS AND ENTERTAINMENT ESTABLISHMENTS, AND THE BUSINESS PEOPLE WHO OWN OWN THE PROPERTIES.

VERY OFTEN THERE'S A DISCONNECT THERE. AND WHAT I'M ATTEMPTING TO DO IS TRY TO MITIGATE THAT DISCONNECT.

BUT LET ME ASK YOU. SO WHEN HE COMES UP WITH AN OPERATING PLAN, HE'LL WORK WITH YOU ALL ON THAT? YES. HOWEVER, IF THAT OPERATING PLAN INCLUDES OUTDOOR ENTERTAINMENT, WE WILL.

THEY WOULD COME BACK AS A MODIFICATION. YEAH.

AND AGAIN, I JUST WANTED TO YOU KNOW, I WANTED THE BOARD TO UNDERSTAND THAT SINCE THIS RESTAURANT HAS OPENED, IT HAS BEEN OPERATING OUTDOORS. YEAH. NO, I'VE BEEN THERE.

IT'S ENTERTAINMENT. IT'S ENTERTAINMENT. THEY'VE BEEN SERVING FOOD.

BUT THERE'S A THERE'S BEEN SOME, LET'S SAY, AMBIENT MUSIC THAT'S BEEN INVOLVED.

AMBIENT ENTERTAINMENT. I CAN'T REALLY DEFINE AMBIENT.

YOU'RE USING THE WORD ENTERTAINMENT. THAT'S A TERM OF ART IN THE CITY CODE. THAT'S. I'M NOT SURE PRECISELY. YOU KNOW WHAT YOU KNOW. AND AM I GOING TO HIRE METALLICA TO COME IN? WELL, NO, BUT I MEAN, LOOK, ONLY IF ONLY IF BRIAN HAS HIS LOOK.

AND RESPECTFULLY, YOU KNOW, THIS IS PRIOR TO THE ISSUE IS YOU DON'T THE C P DOESN'T DISCUSS AMBIENT VERSUS ENTERTAINMENT.

YOU DON'T KNOW WHAT THAT MEANS FOR AMBIENT, LIKE YOU JUST SAID.

AND HE'S GOT TO COME BACK THOUGH, JONATHAN, IF THERE'S ANY KIND OF ENTERTAINMENT AT ALL, HE'S STILL GOT TO COME BACK.

SO THEN THE OTHER ELEMENT, I GUESS MY QUESTION IS, IS WHY ARE WE.

WHY ARE WE GRANTING A SORT OF, YOU KNOW, SEE UP LIGHT, I SHOULD SAY, WHEN WE HAVE ALL THESE RESTRICTIONS ON OTHER THINGS.

THE OTHER THING IS, YOU KNOW, TRAFFIC HAS DRAMATICALLY CHANGED RIGHT THERE ON 23RD STREET WITH THOSE THE NIGHTCLUBS THERE, THE YOU KNOW, DURING THAT, YOU KNOW, I UNDERSTAND WHAT YOU'RE SAYING.

WE'RE JUST APPROVING A CHANGE OF OPERATOR AT THIS POINT TO CHANGE IT.

I HAVEN'T COME UP WITH A PLAN YET. IF THEY DO, AND THEY WANT ANY TYPE OF MUSIC OR ENTERTAINMENT OUTSIDE, IT'S GOT TO COME BACK TO US. BUT. RIGHT. SO YOU'RE SAYING BEFORE THEY OPEN, THEY HAVE TO COME BACK IF THEY WANT ANY TYPE OF ENTERTAINMENT OR MUSIC OUTSIDE.

YEAH. SO A MODIFICATION HEARING DOESN'T A CHANGE OF A HEARING ON A CHANGE OF OWNER OR OPERATOR DOESN'T REOPEN.

CORRECT. THE ENTIRE COP THE SAME RESTRICTIONS IN THE ORIGINAL APPROVAL APPLY.

SO I UNDERSTAND YOUR CONCERN ABOUT WHO'S GOING TO BE OPERATING.

BUT ALL THE RULES APPLY. THE RULES HAVEN'T CHANGED.

IF THE APPLICANT WANTS TO MAKE A CHANGE TO THE OPERATIONAL PLAN, THEN THAT'S GOING TO HAVE TO COME BEFORE YOU AS AS AS A MODIFICATION.

BUT THIS DOESN'T LIKE THIS ISN'T A WHOLESALE OPENING OF WELL, I GUESS WHAT YOU'RE SAYING.

MY ISSUE WITH THIS IS YOU'RE SAYING THE RULES DON'T CHANGE.

BUT IN THIS CUP, THERE'S ONLY LIKE HOURS OF OPERATION.

WELL, THAT'S NOT TRUE. THERE ARE THREE. THERE ARE MULTIPLE PAGES OF RESTRICTIONS IN HERE.

I'M REFERRING MOSTLY TO TRAFFIC AND AND MUSIC.

AND SO, LOOK, IF YOU'RE ALL TELLING ME THAT THERE'S NOTHING WE WE CAN DO AND OUR HANDS ARE BOUND.

FINE. YOU KNOW, WE'LL WE'LL COME BACK. BUT I'M JUST SAYING I'VE NEVER I DON'T UNDERSTAND WHEN THERE'S A THERE WAS A PRIOR OWNER WHO HAD MULTIPLE VIOLATIONS. IT'S PART OF IT IS, YOU KNOW, IT'S STILL PARTIALLY THE SAME OWNER OR SIMILAR AND SIMILAR OPERATOR WHO WE'VE HAD MULTIPLE PAST VIOLATIONS.

[00:40:03]

AND I'M NOT ASKING FOR SPECIFIC, YOU KNOW, THINGS TO ABOUT THOSE VIOLATIONS.

THE ISSUE IS EVERY OTHER CUP THAT WE'VE DONE HAS VERY, VERY DIFFERENT, YOU KNOW, WHEN YOU SAY STAMP OF APPROVAL, ALL WE'RE DOING IS ALLOWING A NEW OPERATOR TO COME IN AT THIS POINT, WHAT WE'RE DOING, I THINK THING, JONATHAN, JUST FEELS THAT THIS IS AN OPPORTUNITY TO ADDRESS ANY ISSUES THAT WE MAY HAVE HAD. BUT THAT'S THE QUESTION. I GET THAT, BUT BUT RIGHT NOW, WE CAN'T DO THAT RIGHT NOW. WHAT WE'RE DOING IS A CHANGE OF. OPERATOR. WE SHOULD BE WELCOMING THAT BECAUSE WE'RE HAVING A DIFFERENT OPERATOR POTENTIALLY WON'T HAVE THE ISSUES WE HAD BEFORE. IF WE HAVE ENOUGH PEOPLE IN THE CPU AND THE CUP THAT IF SOMETHING HAPPENS, THEY'RE GOING TO BE IN FRONT OF US AGAIN.

SO THERE'S ENOUGH IN THERE TO HOLD THEM ACCOUNTABLE. THE ENTERTAINMENT STUFF IS NOT IN HERE. SO I THINK I THINK WE JUST MOVE ALONG.

WE CAN MAKE A MOTION TO MOVE IT. AND WHEN THE NEW OPERATOR IS FUNCTIONING WITH THEIR NEW TENANTS, WE STILL HAVE THE OPPORTUNITY TO REVIEW IT. BUT I DO UNDERSTAND YOUR CONCERN. YOU JUST FEEL LIKE WE'RE BLINDLY. BUT WHAT I GUESS I'M CURIOUS, WHAT IS THE DIFFERENCE IN THE ACTUAL OPERATIONAL PLAN FROM VILLA ESSER? WE DON'T KNOW.

THERE'S NONE. WE DON'T KNOW. AND TO MY POINT, WHICH IS, IF HE SAYS, YOU KNOW WHAT, WE'RE GOING TO RUN THE SAME NEW NAME OF RESTAURANT, SIMILAR CONCEPT. OPERATIONS ARE GOING TO REMAIN THE SAME.

HE'S NOT EVER GOING TO COME BACK TO US. HE WILL IF THERE'S VIOLATIONS, THERE'S COMPLAINTS.

OKAY. AND I'M JUST SAYING I LIKE TO BE PROACTIVE IN TERMS OF PROTECTING.

RIGHT. BUT WHAT YOU'RE ASKING TO DO, THERE IS NO MECHANISM FOR THAT.

YOU'RE ASKING US TO REOPEN THE CUP. WE'RE NOT DOING THAT TODAY.

IT'S JUST 50% OWNERSHIP ABILITY. OKAY. AND IS WHEN WHEN IS THAT A PROCEDURAL POSSIBILITY? IF THEY SEEK TO CHANGE IT. OR IF THEY DON'T, AND THEY GET VIOLATIONS.

OKAY. SO YEAH, THIS ONE WAS THIS WAS APPROVED IN 2012, LONG BEFORE THAT.

NO ONE'S APPROVING NOW. THERE'S NO MECHANISM TO REOPEN.

SO IN THEORY YOU COULD HAVE ANY, YOU KNOW DEADBEAT OPERATOR COME OVER AND TAKE OVER A HUGE OPERATION THAT'S BEEN REALLY BAD.

AND THE CITY HAS NO CONTROL OVER, YOU KNOW, FURTHER RESTRICTING, YOU KNOW, CREATING FURTHER RESTRICTIONS.

JONATHAN, I DON'T THAT'S NOT ACCURATE. THAT'S NOT ACCURATE.

THE OWNER, HE'S THE OWNER OF THE PROPERTY. IT'S HARD ENOUGH TO GET SPACE LEASED HERE AS IT IS.

I DON'T THINK HE'S GOING TO BE INVESTING HIS TIME AND HIS SPACE WITHOUT VETTING THE OWNER.

AND NOT ONLY THAT, ALL DUE RESPECT, THE OWNER, THE PRIOR OPERATOR HAD MULTIPLE VIOLATIONS.

SO THE REASON, THE REASON THAT'S NOT ACCURATE IS BECAUSE THIS BOARD HAS ENFORCEMENT JURISDICTION OVER ALL OF YOUR OPS.

AND THIS BOARD IS PROBABLY THE MOST PROACTIVE IN TAKING ENFORCEMENT ACTION AND MODIFYING EXISTING COPIES.

I THINK THE PLANNING BOARD'S OVER THE YEARS HAVE BECOME MORE AND MORE AGGRESSIVE WHEN A PROPERTY IS BEFORE YOU FOR COMPLIANCE, THAT THAT APPLIES HERE TOO.

SO IF A NEW OPERATOR OPENS, DECIDES THEY'RE NOT GOING TO CHANGE THE OPERATIONAL PLAN, THEY'RE GOING TO STEP IN THE SHOES OF THE PRIOR OPERATOR.

AND THERE ARE CODE ENFORCEMENT ISSUES. THEN THE PLANNING DIRECTOR WILL SEND THEM A LETTER AS WE DO, AND THEY'LL BE BROUGHT BEFORE YOU. AND YOU CAN AT THAT TIME CONSIDER WHETHER YOU WANT TO SCHEDULE A MODIFICATION OR REVOCATION HEARING. AND BY THE WAY, JUST SO YOU KNOW, JONATHAN, WHERE THEY'RE LOCATED, BECAUSE I USED TO GO TO VILLAS ALL THE TIME.

SAME. THE, THE THERE WEREN'T FOR THE AMOUNT OF YEARS THEY WERE OPERATING, THERE REALLY WEREN'T THAT MANY.

AND THEY WERE ALL BY APPARENTLY ONE PERSON WHO JUST HAD AN ISSUE WITH THEM.

BUT THERE'S NOT REALLY A LOT OF RESIDENTS IN THAT AREA. SO BUT ANYWAY, WE'RE GOING TO MOVE ON.

WELL, I UNDERSTAND YOUR POINT. GO AHEAD. THESE VIOLATIONS.

I'VE BEEN ON THE PLANNING BOARD SINCE THESE VIOLATIONS WERE OCCURRED.

I DON'T THINK WE EVER HAD ANYTHING WITH THIS PROPERTY THAT CAME BEFORE THE PLANNING BOARD.

AND THESE VIOLATIONS ARE FOR NOISE COMPLAINTS. NOT SEE? YUP.

EVEN THOUGH IT'S CLEARLY BASED ON THESE NOISE COMPLAINTS, THERE'S CLEARLY CIP VIOLATIONS BECAUSE THERE'S ENTERTAINMENT THERE.

SO I'M JUST FLAGGING THIS FOR YOU ALL. YOU'RE EVERYBODY'S AGAINST ME ON THIS.

NO, WE'RE NOT AGAINST YOU. THERE'S NO MECHANISM FOR WHAT YOU WANT US TO DO.

THAT'S THE PROBLEM. IT'S NOT THAT WE'RE AGAINST YOU. YOUR POINTS ARE WELL TAKEN.

BUT RIGHT NOW, WE'RE JUST DOING A CHANGE OF. OPERATOR.

THEY'VE GOT TO COME UP WITH A PLAN. THEY'RE GOING TO MEET WITH THE CITY. BUT EVEN EVEN I'M SAYING I'M ASKING.

YOU'RE TELLING ME THAT THERE'S NO WHEN WHEN WE LOOK BACK AND WE SEE A CUP THAT'S WAY LESS THAN THE CUPS THAT WE ARE CURRENTLY ISSUING WITHOUT A VIOLATION. AND, YOU KNOW, THERE'S NO MECHANISM FOR US TO, TO ADD A LITTLE BIT MORE PROTECTIONS TO MAKE SURE THERE'S NO VIOLATIONS.

WHAT DO YOU WHAT DO YOU NEED MORE REGULATION? YOU CAN WE ADVOCATE SOMETHING. CAN WE ADD A CLARIFICATION STATEMENT? ONE MORE THING. YEAH, RIGHT. RIGHT NOW THE RECOMMENDATION IS TO APPROVE THE CHANGE OF OWNER.

AND THEN THERE'S A PROGRESS REPORT FOR FEBRUARY 2ND.

RIGHT. SO I MEAN THEY'RE NOT YOU'RE NOT GOING TO BE OPEN BY FEBRUARY 2ND ARE YOU.

MOST LIKELY NOT. SO SO WHY DON'T WE CONTINUE THAT.

[00:45:02]

SO WHAT I HAD THAT CONVERSATION WITH STAFF. ALL RIGHT.

SO HERE'S WHAT WE'RE GOING TO DO. YOU KNOW WE'RE GOING TO OPEN COMMUNICATION.

STOP STOP STOP STOP. I'LL MAKE A MOTION. WE'RE GOING TO WE'RE GOING TO APPROVE IT.

AND WE'RE GOING TO TELL STAFF TO SCHEDULE A PROGRESS REPORT.

HOW WHAT WOULD MAKE YOU HAPPY THREE MONTHS AFTER THEY START OPENING? FIVE MONTHS. SIX MONTHS. WHAT DO YOU WANT? THREE, THREE, THREE MONTHS AFTER THEY START OPERATING, THEY'LL COME BACK. THANKS SO MUCH. GOOD. RIGHT.

ANY MORE QUESTIONS FROM THE BOARD? DO WE NEED A VOTE? WE GOT TO DO THE MOTION. SHE MADE A MOTION AND I'LL SECOND.

THERE YOU GO. OKAY. ALL IN FAVOR? AYE. ANYONE OPPOSED? NO. OKAY, GOOD. AND GOOD LUCK. THANK YOU. BOARD.

THANK YOU. THANK YOU. ALL RIGHT. NEW APPLICATION IS PLANNING BOARD FILE 2608491445 WASHINGTON AVENUE.

[13. PB26-0849, 1445 WASHINGTON AVENUE.]

IT'S A HISTORIC THEATER BUILDING. IT'S BEEN IN OPERATION UP UNTIL RELATIVELY RECENTLY AS A NIGHTCLUB.

THE NIGHTCLUB WAS OPERATING WITH AN OCCUPANCY OF 121 PERSONS, AND IT WAS NOT GOVERNED BY A CONDITIONAL USE PERMIT.

THE ORIGINAL NIGHTCLUB, WHEN THEY OPENED AND REMAINED IN OPERATION WAS PRIOR TO THE CUP REQUIREMENT.

SO EVEN THOUGH THE OCCUPANCY EXCEEDED THE ALLOWABLE OCCUPANCY FOR INDOOR ENTERTAINMENT, IT DIDN'T NEED A CUP BECAUSE IT WAS APPROVED ORIGINALLY AND OPENED ORIGINALLY PRIOR TO THOSE CUP REGULATIONS ENTERING INTO THE CODE.

SO FAST FORWARD TO NOW THE THE OWNER IS REQUESTING A CONDITIONAL USE PERMIT TO MODIFY THE THE PREVIOUS NIGHTCLUB INTO A RESTAURANT. SO WE HAVE BEEN WORKING WITH YOU KNOW, IN MY CAPACITY WORKING WITH THE HISTORIC PRESERVATION BOARD A FEW YEARS AGO, WE WERE WORKING WITH THEIR ARCHITECTS TO INTRODUCE A KITCHEN, INTRODUCE SOME VERTICAL ACCESSIBILITY INTO THE SPACE SO THAT THEY COULD HAVE A REAL BONA FIDE RESTAURANT. THAT WORK I BELIEVE IS, IS ONGOING AND THE APPLICANT HAS CHANGED THE OPERATIONS TO HAVE A SPLIT LEVEL IN TERMS OF THE GROUND FLOOR OF THE THEATER WILL FUNCTION WITH WITH RESTAURANT ENTERTAINMENT, BUT THE SECOND LEVEL IS GOING TO BE MORE OF A FINE DINING TYPE RESTAURANT.

SO WE ARE VERY SUPPORTIVE OF THIS APPLICATION, WHICH WOULD REDUCE THE OCCUPANCY TO 987 PERSONS FROM THE 11.

THE OVER 1100 THAT WAS PREVIOUSLY ALLOWED. THEY ARE PROPOSING HOURS OF OPERATION BETWEEN 11 P.M.

AND 5 A.M. FOR THE UPPER LEVEL LOUNGE AREA, AS WELL AS.

THE RESTAURANT COMPONENT WOULD BE 6:30 P.M. TO 4 A.M.

STAFF HAS NOTED THAT THEY PROVIDED A SECURITY PLAN, WHICH WE ARE GENERALLY VERY SUPPORTIVE OF.

HOWEVER, WE DID HAVE ONE SPECIFIC REQUIREMENT ABOUT QUEUING.

THE UNIQUENESS OF THIS SITE AS A HISTORIC THEATER ACTUALLY ALLOWS FOR A GOOD AMOUNT OF QUEUING TO BE INSIDE BECAUSE MOST, YOU KNOW, THIS THEATER HAS KIND OF A DOUBLE VESTIBULE JUST NATURALLY TO, TO HOLD THE NOISE INSIDE.

SO WE THINK QUEUING SHOULD BE ABLE TO BE ACCOMMODATED INSIDE AND IN THE SMALL OUTDOOR PORTION THAT IS PART OF THEIR PROPERTY.

AND SO WE JUST ASK THAT A CONDITION BE PLACED IN ADDITION TO THE STANDARD CONDITIONS ABOUT ABOUT QUEUING.

NO OUTDOOR AREAS FOR THIS PLACE, CORRECT. NO OUTDOOR ENTERTAINMENT IS PROPOSED.

IT IS INDOOR ENTERTAINMENT ONLY. OKAY. GOOD MORNING, MR. CHAIR. MEMBERS OF THE BOARD. THANK YOU DEBBIE. THAT WAS WE AGREE WITH EVERYTHING THAT YOU SAID.

SO I'M BOB DE LA FUENTE LAW OFFICES AT 1200 BRICKELL AVENUE ON BEHALF OF MAIN ROAD MIAMI HOLDINGS, LLC. WITH ME TODAY IS SOMEONE WHO'S WELL KNOWN TO, I THINK MOST OF YOU ROMAN ZAGO, WHO WAS THE OWNER AND OPERATOR OF MINT UNTIL 2024.

SO WE ARE VERY EXCITED TO BE HERE TO SEEK APPROVAL FOR THE CAMEOS MODIFIED OPERATIONS.

ALSO WITH US ARE OUR TRAFFIC ENGINEER, JOAQUIN VARGAS, AND THEN OUR ARCHITECT, CHRIS ZANI FROM KOBI KARP.

SO WE AGREE WITH ALL THE CONDITIONS ATTACHED TO THE RECOMMENDATION FOR APPROVAL, INCLUDING THE QUEUING ISSUE THAT DEBBIE MENTIONED.

WE AGREE THAT THERE IS ENOUGH SPACE BECAUSE OF THE UNIQUE CONFIGURATION OF THIS SITE TO ACCOMMODATE THE QUEUING INSIDE AS WELL AS THE COVERED VESTIBULE, SO WE ARE OKAY WITH ALL THE CONDITIONS. I WILL KEEP MY COMMENTS BRIEF BEFORE I TURN THEM OVER.

BEFORE I TURN THIS OVER TO ROMAN BRIEFLY, OUR INTENT IS TO REINVENT AND REVITALIZE THE CAMEO AND ALSO BE PART OF THE REVITALIZATION OF WASHINGTON AVENUE.

AS DEBBIE MENTIONED, THIS IS A GRANDFATHERED NIGHTCLUB WITH AN OCCUPANCY OF 1107.

AND THIS REPRESENTS, AS THEY NOTE IN THE STAFF REPORT, A DE-INTENSIFICATION OF WHAT IS CURRENTLY APPROVED.

[00:50:02]

HAD WE NOT STARTED FOOD, THIS COULD HAVE BEEN JUST A REGULAR RENOVATION WITHOUT COMING BACK TO THE PLANNING BOARD, BECAUSE THIS IS A GRANDFATHERED USE. SO I'D JUST LIKE TO POINT OUT A COUPLE OF THINGS IN THE DETAILED OPERATIONS PLAN THAT WE BELIEVE HAS ANSWERED ALL OF STAFF'S CONCERNS. ROBUST OPERATIONS PLAN, INCLUDING CROWD CONTROL AND SECURITY.

THERE ARE TWO DOUBLE DOORS AT THE ENTRANCE AND THE LOBBY VESTIBULE, WHICH WILL CONTAIN THE SOUND WITHIN THE BUILDING.

WE WILL HAVE A DEDICATED SECURITY DIRECTOR, AND THIS VENUE IS DESIGNED WITH SOUND CONTROL STRATEGIES TO MINIMIZE OR ELIMINATE ANY CONCERNS.

SO AGAIN, THIS REPRESENTS A DE-INTENSIFICATION FROM AN 1121 PERSON NIGHTCLUB TO A RESTAURANT AND LOUNGE.

AND I WILL TURN THIS OVER TO ROMAN, RESERVING SOME TIME FOR REBUTTAL IF NECESSARY, AND HE'LL EXPLAIN HIS VISION TO YOU.

THANK YOU. HELLO, EVERYBODY. I RECOGNIZE A FEW FACES.

I'VE BEEN IN MIAMI. FIRST OF ALL, MY NAME IS ROMAN ZAGEL.

I'VE BEEN IN MIAMI FOR OVER 30 YEARS. I'VE HAD AND OPERATED MINT LOUNGE IN 1920 AND 1921, COLLINS AVENUE FOR ABOUT 2526 YEARS. IT'S BEEN AN ICONIC THING IN MY LIFE.

I THINK IT'S BEEN A GREAT THING FOR MIAMI BEACH.

I PRACTICED MEDICINE WHEN I OPERATE HOSPITALITY.

I DON'T DRINK. I'VE NEVER DONE DRUGS IN MY LIFE.

I KNOW, RIGHT? I'M THE EXCEPTION TO THE RULE, BUT I LOVE IT.

I LOVE TO ENTERTAIN AND I LOVE TO DELIVER GOOD MEDICINE.

MY EX-PARTNER IS A DOCTOR AND HE ALWAYS TAUGHT ME A LOT REGARDING PRACTICING GOOD MEDICINE WHEN IT COMES TO REALITY.

I THINK MIAMI BEACH TRULY NEEDS WHAT WE ARE ABOUT TO DELIVER.

WE DO NEED YOUR BLESSING. THANK YOU, DEBBIE, FOR THE GREAT MEETINGS.

THE GREAT WORDS. I'M NOW GOING TO GO TECHNICAL BECAUSE I THINK THE ATTORNEY DID THAT, AND SO DID DEBBIE.

THE BUSINESS PLAN THAT I DRAFTED IS TRULY WHAT'S GOING TO HAPPEN.

BUT IF I HAVE TO SAY IN A FEW WORDS, WHAT WE INTEND TO DO IS TO BRING BACK GLAMOR, FASHION TREND CHIC, ELEGANT, SOPHISTICATED TO WASHINGTON AVENUE. I'M NOT TALKING ABOUT COLLINS.

COLLINS SEEMS TO HAVE IT ALL RIGHT NOW. THE MOST BEAUTIFUL HOTELS IN THE WORLD ARE REDEVELOPING THERE FROM THE RALLY TO THE SHOW CLUB.

I'M SORRY TO THE THE LAND THAT JUST OPENED. WE DEFINITELY WANT TO ASSIST THEM.

WE WANT TO SUPPORT TOURISM. WE'RE NOT A MEMBERS ONLY.

WHEN WE SAY FINE CUISINE, WE DO MEAN IT. WE'VE OPENED IN ABOUT FOUR YEARS AGO.

IT'S DISTINGUISHED. IT'S REALLY LIKE THE WHITE GLOVE TREATMENT WHEN WE DELIVER THE PLATE.

SO IT'S REALLY TRYING TO DELIVER AN ENTERTAINING VENUE THAT ACTUALLY DELIVERS GOOD FOOD.

FINE CUISINE, WHICH IS A MIX OF FRENCH, JAPANESE.

IT'S ACTUALLY A WORLD MENU. THAT'S WHY WE CHEAT OUR CODE WORDS BY SAYING IT'S MORE ANGLED TO THAT, BUT IT SERVES EVERYONE. THE GOAL HERE IS TO INTRODUCE SHOW BUSINESS INTO THE NIGHTLIFE IS TO HAVE A BOUTIQUE, CIRQUE DU SOLEIL. I GREW UP IN FRANCE. I WAS 11, I CAME BACK A LOT.

I GREW UP AFTER IN IN BRAZIL. TRAVELED A LOT.

I WAS LUCKY. I'M NOT FAMILY MONEY. I'VE WORKED VERY HARD.

I WAS ACTUALLY A BARTENDER IN MINT LOUNGE IN 2001.

BROUGHT ME TO EVOLUTION IN 2006 WHEN I BECAME THE OWNER OPERATOR.

SO WHAT I BELIEVE CAMEO IS WHAT I BELIEVE WASHINGTON NEEDS, BESIDES THE ELEGANCE AND ALL THESE BEAUTIFUL WORDS THAT I SAID IS TO DELIVER THE.

THE. THE IDEA THAT I HAD WAS TO REMOVE THE LOUNGE OR THE NIGHTCLUB THAT WAS IN THE SECOND FLOOR AND TRANSFORMED IT TO A BEAUTIFUL RESTAURANT, BUT NOT A RESTAURANT, A THEATRICAL RESTAURANT, A CIRQUE DU SOLEIL.

THERE'S ACTUALLY A VIEW THROUGH GLASS TO A LOUNGE DOWNSTAIRS.

THE MOMENT THE LOUNGE OPENS AT 12, THE RESTAURANT HAS A VIEW TO IT.

IT'S THEATRICAL, IT'S LIVE, IT'S BEAUTIFUL. IT'S UNHEARD OF.

IT'S PIONEER. AND IT WOULD MAKE MIAMI BEACH. ACTUALLY, IT WOULD BRING TO MIAMI BEACH ONE MORE ICON, WHICH I BELIEVE WHAT WE NEED. THE ENTERTAINMENT DISTRICT HAS BEEN SADLY VULGARIZED.

IT'S BEEN DAMAGED. I THINK WE'VE ALL BEEN SUFFERING FROM IT, INCLUDING US AT ME.

AND I WAS THERE IN DECEMBER 24TH. WE ALL SUFFERED CONSEQUENCES OF THE BAD IMAGE THAT MIAMI BEACH HAD, AND IT'S BEING RESTORED NOW. IT'S BEING INVESTED BY SO MANY PEOPLE.

THE AMOUNT OF FUNDS INVESTED IN THIS IS. IT'S NORTH OF $20 MILLION.

IT'S VERY, VERY, VERY INTENSE. BUT IT WAS BASED ON MY IDEA AND CONCEPT THAT THERE'S ONLY ONE INVESTOR.

I'M VERY GRATEFUL FOR IT. AND HE BELIEVES IN ME.

HE BELIEVES THAT MIAMI BEACH HAS EVERYTHING THAT HE HAS, AND I'M VERY PRO MIAMI BEACH.

I THINK MIAMI HAS GAINED TOO MUCH FROM MIAMI BEACH, AND I THINK IT'S TIME FOR MIAMI BEACH TO GAIN BACK THE MOMENTUM.

AND WE'RE HERE TO SERVE THE HOTEL. SO WHEN IT COMES TO SECURITY, I'M EXPOSED IN THE IN THE IN THE BUSINESS PLAN.

[00:55:02]

I'VE NEVER SUFFERED A VIOLATION IN 20 YEARS AT MINT FOR VERY SERIOUS PURPOSES.

I TRAIN MY OWN SECURITY STAFF MYSELF. I HIRED COMPANIES THAT TRAIN ACTUALLY MDPD.

I WORK LIKE THIS WITH MDPD. WE SUPPORT MDPD. WE SUPPORT INVESTIGATION, WE SUPPORTED CAMERA SYSTEM.

WE'RE VERY CRYSTAL. AND I THINK THAT WITH A GOOD OPERATOR AND I, I DON'T LIKE TO SELF, YOU KNOW, COMPLIMENT MYSELF, BUT WE CAN REALLY BRING CAMEO TO HIS GLORIFYING YEARS IN THE 1938 WHEN HE USED TO BE A THEATER.

THAT'S WHY CAMEO WILL BE UNVEILED IN TWO DIFFERENT VENUES A RESTAURANT AND A LOUNGE.

TWO DIFFERENT NAMES THAT WE'RE GOING TO PROBABLY IN DECEMBER. THE TRADEMARK IS DONE AND AND THAT'S IT.

AND I'M GETTING NERVOUS HERE BECAUSE THERE'S SO MANY GOOD FACES HERE.

AND I'M HERE TO ANSWER A FEW QUESTIONS IF THERE'S ANY.

NO MORE FAT BLACK PUSSYCAT IT'S THE SAME. IT'S THE SAME CONCEPT AS THE ONE IN LOS ANGELES.

IT'S SIMILAR. SO LOS ANGELES IS A RESTAURANT, ONLY IT'S SMALLER.

IT'S 7500FT². CAMEO IS ABOUT 21FT², 2000FT². SO ONE WOULD BE LIKE MAIN ROAD, VERY SIMILAR TO UPSTAIRS AND LOUNGE DOWNSTAIRS, BUT ONE REALLY COMMUNICATING WITH EACH OTHER, AT LEAST THROUGH THE VIEW, BUT YET TWO DIFFERENT BUSINESSES.

BUT OTHERWISE THEY'RE NOT. YES. OKAY. BECAUSE I'M FAMILIAR WITH THAT ONE. OKAY.

YOU'VE BEEN THERE. OKAY, GOOD. MAYBE. IS THERE ANYBODY IN CHAMBERS TO SPEAK ON THIS ITEM? IS THERE ANYBODY ON ZOOM? ON ZOOM? ANYONE? NOPE. NO. OKAY. JUST CURIOUS QUESTIONS.

WILL THERE BE SEPARATE ENTRANCES OR DO YOU GO FROM THE FIRST FLOOR UP TO THE RESTAURANT? THERE'S A VERY GOOD QUESTION. SO WE ACTUALLY INVESTED A LOT OF MONEY AS WELL. WE BROUGHT TWO ELEVATORS.

THERE WAS ONE MAINLY FOR HANDICAP. NOW WE HAVE TWO ELEVATORS, I BELIEVE, THAT CAN SUPPORT LIKE 20 OR 30 PEOPLE EACH.

THE MAIN LOBBY SERVES AS AN ENTRANCE FOR BOTH VENUE UNTIL 12.

IT'S ONLY A RESTAURANT. IT'S ONLY BY RESERVATIONS. IT'S A GRADUAL ATTENDANCE.

PAST THAT IT WILL BE THE LOUNGE WITH THE SAME LOBBY, SAME ENTRANCE.

YET TO GET TO THE RESTAURANT, YOU HAVE TO GO THROUGH THE ELEVATOR AND IT'S A DIFFERENT ENTRANCE. SO THEY ACTUALLY SEPARATED THEIR SEPARATE.

YES. BECAUSE THE QUESTION I ASSUME IN THE RESTAURANT.

YOU DON'T HAVE TO BE 21 TO EAT UP THERE. IS THAT CORRECT? SO HOW DO YOU YOU'RE GOING TO SET IT UP SO THAT THERE'S NO WAY THEY CAN GO FROM THE RESTAURANT AND A SOMEONE UNDER 21 CAN GET TO THE LOUNGE.

RIGHT? EXCELLENT QUESTION BECAUSE THAT JUST CONFUSED ME.

YEAH. GO AHEAD. WE HAVE TWO SETS OF VESTIBULES. THE SECOND VESTIBULE IS ALREADY INSIDE THE LOUNGE, AND AFTER THAT WE HAVE THE HOST. SO TO GET INTO THAT, NO, THE RESTAURANT IS REALLY, REALLY SEPARATED.

OKAY. THAT'S A VERY GOOD. THAT'S MY ONLY. YES.

ARE YOU BRINGING OLIVER BACK? WHO KNOWS? RIGHT.

IT'LL BE. YOU KNOW, I'M SURE YOU'RE TOO YOUNG.

I USED TO PARTY. YOU KNOW, I GOTTA TELL YOU, I WAS INVOLVED IN BED, AND WE OPENED THE SAME TIME, AND YOU GUYS ARE STILL OPERATING. IT'S INSANE.

YOU PARTIED IN 2001 AND YOU DRANK ALCOHOL? ISOMER.

VERY LITTLE, ACTUALLY. SO WHAT ABOUT. WHAT ABOUT.

NO, BUT HE'S BEEN A GREAT OPERATOR FOR A LONG TIME. MENTOR, FAMOUS VALET, ALL THAT KIND OF STUFF.

WE HAVE A TRAFFIC ENGINEER. BUT IF I HAVE TO SAY FROM MY POINT OF VIEW, JUST LIKE IN GENERAL, WE'VE NEVER HAD A CROWD BECAUSE IT'S REALLY MY ONLY RESERVATIONS.

NOT THAT WE'RE CATERING FOR THE PUBLIC OUTSIDE, THE DRESS CODE IS FUNDAMENTAL.

WE DO CONTROL THAT. IT'LL BE ELEGANCE IN MY 25 YEARS.

I MEAN, I WEAR A T SHIRT TWICE FOR HALLOWEEN.

OTHERWISE, I WAS ASSURED IT'S RESPECTFUL IF YOU WANT TO INSPIRE PEOPLE TO DRESS UP.

SO IT'S A GRADUAL ARRIVE AFTER 12. ONCE THE LOUNGE OPEN, THERE'LL BE MORE OF A OF A RUSH.

BUT WE HAVE VALET AND WE HAVE THE LOBBY, SO IT WOULDN'T BE AN ISSUE.

UNLESS YOU WANT TO HEAR MORE TOURS. YEAH. THE ONLY THING I WOULD SAY IS BACK IN YOUR OBVIOUSLY, DEE DEE, YOU'RE ACTUALLY NOT GOING TO BE AS DENSE AS IT WAS.

BUT BACK IN THE DAY WHEN THAT CLUB WAS OPEN, YOU'D HAVE A PILE OF PEOPLE ON THE SIDEWALK.

THAT'S NOT WHAT WE WANT. THAT'S THE ONLY THING I WOULD SAY TO BE CONSCIOUS OF. THAT WAS MY ONLY. THAT WAS MY ONLY QUESTION BECAUSE IN THE STAFF REPORT IT SAYS THE APPLICANT IS REQUESTING OUT OUTDOOR QUEUING AND. IS THAT ACCURATE? THAT YOU WANT OUTDOOR QUEUING? YOU'LL BE. I'LL BE A LIAR IF TO SAY THAT THE MOMENT YOU HAVE A FEW DELIVERIES, A FEW CARS, YOU DON'T HAVE LIKE 20 TO 30 PEOPLE.

IT COULD HAPPEN. BUT IF IT GRADUALLY ARRIVES AND NOT EVERYBODY ARRIVES AT THE SAME TIME, IT WOULDN'T BE AN ISSUE SINCE WE HAVE A HUGE LOBBY.

WE'RE VERY, VERY BLESSED WITH THAT. WE'RE RESTORING THE LOBBY TO ITS ORIGINAL FUNCTION BACK FROM 1938.

I'VE HAD TO GOOGLE IMAGE FOR BLACK AND WHITE TO MAKE SURE EVERYTHING IS DONE PROPERLY.

PLUS, BY THE WAY, I WAS GOING TO ADD SOMETHING WITH THE NIGHTCLUB. THEY HAVE THE WHOLE ROPE AND ALL THE BARS WITH PEOPLE STANDING IN LINE TO MAKE IT LOOK LIKE IT'S. THANKFULLY, IT'S NOT GOING TO BE A NIGHTCLUB, BUT THAT WAS WHY THERE WERE SO MANY PEOPLE OUT THERE. THE DOORMEN WOULD STAND THERE AND MAKE THEM WAIT TO GET IN TO. YOU KNOW, THAT WHOLE. NO, I GET THAT. I GUESS IT'S A DIFFERENT OPERATION NOW.

I GUESS THE QUESTION IS, IS STAFFS NOT SUPPORTIVE OF THAT? IS THAT POSSIBLE TO, YOU KNOW, ACCOMPLISH WITH BASED ON STAFF'S RECOMMENDATION IS TO NOT ALLOW ANY OUTDOOR

[01:00:08]

RIGHT. SO THAT'S WHY WE NEVER HAD AN ISSUE. I MEAN, FOR, I THINK, 25 YEARS, I HAVE NEVER HAD A BESIDES THE GREASE TRAP MOMENT WHERE WE HAD AN ISSUE, WE'VE NEVER HAD AN ISSUE WITH CROWD CONTROL OUTSIDE BECAUSE AGAIN, IT GRADUALLY IT GRADUALLY ARRIVED.

I HAVE TO MEASURE MY WORDS. SO TO BE CAREFUL IN HOW I SPEAK.

BUT WE ARE GETTING CLOSER AND CLOSER TO YOU. YES, WE GATHER ONLY TO THE SOPHISTICATED.

I KNOW IT'S ABOUT TO CONTROL ME HERE, BUT WE GATHER TO THE ELITE, TO THE SOPHISTICATED, TO THE WELL-DRESSED.

AND THERE'S SO MANY THAT ARE GOING TO COME TO US.

WE ARE NOT. THERE'S NO SHORT BERMUDA T SHIRTS AND HATS.

THAT'S NOT WHAT WE GATHER, FOR WE VERY. I GET THAT, I GUESS THE MORE AND I DON'T THINK ANYBODY'S TALKING ABOUT THE SCENARIO WHERE, YOU KNOW, A, YOU KNOW, A BIRTHDAY BUS COMES IN WITH WELL DRESSED, ELEGANT PEOPLE, BUT IT IS 20 PEOPLE AND IT TAKES A COUPLE MINUTES TO GET THEM INSIDE.

I DON'T THINK THAT THAT'S EVER GOING TO BE AN ISSUE. I MEAN, YOU KNOW, YOU KNOW, IT'S MORE OF AN ISSUE OF, YOU KNOW, A BIG YOU KNOW, YOU KNOW, THERE'S A BIG PARTY THERE FOR YOU KNOW, ARTWEEK AND, YOU KNOW, THE PLACE IS RENTED OUT, YOU KNOW, BY A, BY A BIG COMPANY RENTS OUT THE WHOLE SPACE AND THERE'S THE GUEST LIST TO GET IN IS DONE OUTSIDE.

OR ANOTHER EXAMPLE IS, YOU KNOW, HALLOWEEN, FOR EXAMPLE, WHICH WE'VE SEEN THAT BE A PROBLEM WITH OTHER, YOU KNOW, WHERE EVERYBODY'S IN COSTUMES, IT'S MORE CHAOTIC. AND INSTEAD OF, YOU KNOW, HAVING EVERYBODY INSIDE, IT'S JUST EASIER TO KEEP THEM OUTSIDE UNTIL YOU CAN SIFT THROUGH THE LIST ONE BY ONE.

AND, YOU KNOW, SO THE EXCLUSIVITY HELPS CROWD AND CROWD CONTROL IN A SENSE.

BUT IN ANOTHER SENSE, IT MAKES IT MORE DIFFICULT BECAUSE THEY ALL HAVE TO CHECK IN WITH THE LIST.

AND IT'S, YOU KNOW, SO I DON'T KNOW, YOU KNOW, WHAT I'M THINKING AND NOT TO COMPARE YOU GUYS, BUT QUEEN HAS, YOU KNOW, SOMEWHAT OF A CONCEPT WHERE IT'S, YOU KNOW, ELEVATED EXPERIENCE AND THEY'RE TRYING TO PLEASE.

WELL, WELL, WELL DRESSED CROWD AND ELEGANCE. AND I MEAN, WE'VE HAD ZERO COMPLAINTS WITH QUEEN.

LIKE, YOU KNOW, IT'S BEEN RUN REALLY SMOOTHLY. SO I THINK THESE KINDS OF YOU GOT TO PUT IN ESTABLISHMENTS IN WASHINGTON.

YEAH. AGREED. I MEAN I DON'T KNOW WHAT WHAT WHAT QUEEN CUP SAYS ON IT.

AND I GET IT. THERE IS SPACE FOR IT. I JUST YOU KNOW, WE'RE ALL TRYING TO REVAMP WASHINGTON AND I KNOW YOU ARE TOO.

AND SO IT'S MORE OF AN OPPORTUNITY TO DO SO. BUT I GUESS I'M YOU KNOW, I DON'T FEEL STRONGLY ABOUT THIS BECAUSE I KNOW WHAT A GOOD OPERATOR YOU ARE AND ALL THAT.

I HAVE A PROBLEM. OBVIOUSLY, IF THERE'S A NEW OPERATOR WHO COMES IN AND WE'RE NOT ALLOWED TO CHANGE THE CUP, THEN IT'S A PROBLEM. OH, THERE WE GO. I'M JUST SAYING, GUYS, YOU'RE HILARIOUS.

WELL, I THINK THIS IS A FANTASTIC PROJECT TO BE ADDING ON TO WASHINGTON.

I THINK THIS IS THIS IS HELPING US REVIVE THOSE AREAS.

SO THANK YOU TO THE PLANNING BOARD TO FACILITATING THIS.

IT'S BEEN A LONG. AND YOU'VE GOT A GREAT ARCHITECT TOO. SO LET ME JUST I WANT TO JUMP INTO BECAUSE I LIVE A BLOCK AWAY AND ON PROPERTY A BLOCK AWAY, AND I PASS BY THERE ALL THE TIME. I THINK IT'LL BE A GREAT ADDITION TO, TO WASHINGTON AVENUE.

JUST ONE MINOR CONCERN. I LOOK THROUGH ALL THE PROPOSAL AND YOU TALK ABOUT, YOU KNOW, PRESERVING EVERYTHING MAINLY INSIDE, BUT THE, THE FACADE ON WASHINGTON AVENUE IS IN PRETTY ROUGH CONDITION.

SO I'M HOPING THAT'S GOING TO BE AND IT WON'T TAKE A LOT. IT'S REALLY CLEANED UP AND PAINTED.

THE PLAN IS FOR A RESTORATION. WE'RE NOT GOING TO WE KNOW WE'VE KNOWN DEBBIE FOREVER.

RIGHT? SO WE KNOW THE RULES. AND WE'RE HONORING THE HISTORIC NATURE OF THE BUILDING FOR SURE.

THAT WAS IT. ITS ORIGINAL CONDITION. EXCELLENT.

ALL RIGHT. SO I WANT TO MOVE IT. I'LL MOVE IT.

OKAY, I'LL SECOND IT. OKAY. YOU WANT TO DO ROLL CALL FOR THIS ONE? AND BY THE WAY, JUST REAL QUICK, WERE THERE ANY DISCLOSURES NEED TO BE MADE ABOUT COMMUNICATION EX-PARTE.

NO. ANYBODY? NO. OKAY. MR. NEEDLEMAN? YES. MR..

MARKS. YES. MR.. FREEDMAN. YES. MR.. CEMENT. YES.

MISS BEATTY. YES. MISS. LITTON. YES. MR.. ELIAS.

YES, RAMON. THANK YOU. THANK YOU VERY MUCH. BEST OF LUCK.

THANKS FOR ALL YOUR CONTRIBUTIONS TO THE BEACH.

THANK YOU. AND I HOPE TO DO MUCH MORE. THANK YOU.

THANK YOU. I LOOK FORWARD TO A LONG TIME. ALL RIGHT.

NEXT, I GUESS. LAST ONE. YEAH. PLANNING BOARD FILE 0260856834 FIRST STREET.

[14. PB26-0856, 834 1ST STREET.]

SO BECAUSE I DIDN'T UNDERSTAND THE PROJECT. OKAY.

ANYBODY ELSE? NOT AN OWNER. SO IT WAS A ZOOM.

YOU SAID A ZOOM CALL. IT WAS A ZOOM, OKAY, OF JUST TRYING TO UNDERSTAND WHAT IT IS THAT HE WAS DOING.

[01:05:02]

WHAT YOU NEED TO INDICATE WHO YOU MET WITH. GRAHAM GRAHAM AND BEN SHERRY.

OKAY. OKAY. THEY HAD REQUESTED IT. I DIDN'T REQUEST IT.

OKAY. SCOTT. ANYBODY ELSE? NO. JONATHAN. NO. OKAY.

ALL RIGHT. DEBORAH. THANK YOU, MR. CHAIR. THIS IS AN APPLICATION FOR CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT.

THE APPLICANT IS PROPOSING TO RENOVATE THE EXISTING FOGO DE CHAO SPACE AND INTRODUCE A NEW RESTAURANT CONCEPT THAT WILL EXPAND THE RESTAURANT TO 398 SEATS AND A TOTAL OCCUPANCY OF 509 PATRONS. THE PROJECT INCLUDES MULTIPLE DINING AREAS, A BAR AND LOUNGE, AND A NEW OUTDOOR PATIO ALONG FIRST STREET.

THE RESTAURANT WILL OPERATE DAILY FROM 8 A.M.

TO 2 A.M. INDOORS AND UNTIL MIDNIGHT OUTDOORS.

AMBIENT BACKGROUND MUSIC IS PROPOSED BOTH INDOORS AND OUTDOORS, AND STAFF HAS INCLUDED A RECOMMENDED CONDITION THAT OUTDOOR MUSIC SEATS AT 10 P.M.

FROM SUNDAY TO THURSDAY AND 11 P.M. ON FRIDAY AND SATURDAY, CONSISTENT WITH RECENTLY APPROVED COPS IN THE AREA.

PARKING WILL BE ACCOMMODATED THROUGH EXISTING VALET OPERATIONS, AND THE OPERATOR ANTICIPATES SIGNIFICANT PATRON ARRIVAL BY WALKING AND RIDESHARE DELIVERIES AND SANITATION WILL CONTINUE TO BE MANAGED THROUGH THE REAR ALLEY.

WE DO HAVE ONE EDIT TO THE DRAFT COPY CONDITION FOR Q SHOULD STATE THAT SPECIAL EVENT PERMITS SHALL NOT BE PERMITTED.

CONSISTENT WITH THE CPS DISTRICT REGULATIONS.

WITH THAT, WE ARE RECOMMENDING APPROVAL AND AVAILABLE FOR ANY QUESTIONS. ALL RIGHT.

NOW FOR THE MUCH LONGER AND DRAWN OUT VERSION OF THE SAME INFORMATION AS ALWAYS, GRAHAM PEN, 200 SOUTH BISCAYNE BOULEVARD. YOU'RE REPRESENTING CONEY REAL ESTATE.

MY TEAM BEHIND ME. CAST OF THOUSANDS. WE GOT CENGIZ VICE CHAIR, THE PROPERTY OWNER.

CHARLES BENSON, OUR ARCHITECT. THE THE MAN IN THE IN VIRTUALLY IS DAVE COACH FROM CRITERION ACOUSTICS.

GRAHAM. FOR CONTEXT, THIS IS WORK. FOGO DE CHAO CURRENTLY IS CORRECT.

SO THEY'RE CLOSING AND THEY'RE MOVING TO ALTON ROAD.

FOGGO'S MOVING TO 1212 LINCOLN. RIGHT. ANYONE WHO'S PAST THAT SITE, THE SIGNS ARE ALL OVER IT.

SO YES, THEY'RE RELOCATING ON US. OKAY, WHO WHO DO I GOT LEFT? OH, WE GOT ARIEL CENTURION AND ADRIAN DABKOWSKI FROM KIMLEY-HORN.

OUR TRAFFIC ENGINEERS AND MR. BENJAMIN CHARI, MY ASSOCIATE.

IF WE COULD PUT MY SLIDES UP, I'LL GO THROUGH IT.

AND I DO WANT TO RECOGNIZE, BECAUSE I'M GOING TO MENTION IT AS WE GO, THAT MR. TARNOFF, WHO'S CHEATING BY BRINGING TWO CUTE CHILDREN INTO THE ROOM HAS IS HAS PREPARED AN ANALYSIS OR A PRESENTATION RAISING ISSUES WITH, WITH THE PROJECT. AND I WANT, AND I'M GOING TO TOUCH ON SOME OF THEM IN ADVANCE, AND THEN WE CAN DEAL WITH SOME OF THEM ON REBUTTAL. BUT IS THERE BICYCLE PARKING? THAT WASN'T ONE OF THE ISSUES. JUST KIDDING, JUST KIDDING.

UNFORTUNATELY, THAT WOULD HAVE BEEN EASIER TO DEAL WITH. THE THE.

I DO WANT TO NOTE THAT ONE OF THE ONE OF THE ISSUES RAISED IN HIS, HIS PRESENTATION IS REFLECTED IN WHAT JAKE TOLD YOU, WHICH IS THAT REVISED CONDITION TO REMOVE SPECIAL EVENT PERMITS, SINCE THEY'RE NOT PERMITTED AT ALL. AND WE'VE ALSO PROPOSED WHAT BEN HAS HANDED OUT TO YOU AS ANOTHER REVISION THAT WOULD BAN THE BAN ANYONE AWAITING IN AN EXTERIOR PREMISES TO AVOID THAT KIND OF ISSUE.

WE WERE JUST DISCUSSING ABOUT THE CAMEO PEOPLE WAITING OUTSIDE.

THAT'S JUST A TECHNICAL THING THAT WE WERE ALWAYS.

IT'S A RESTAURANT. IT'S NOT GOING TO. OH, SO YOU'RE AGREEING NOT TO HAVE SPECIAL EVENTS? 100%.

IF WE CAN'T DO IT ANYWAY. SO IT'S AN EASY THING TO AGREE TO.

ALL RIGHT. SO LET ME START WITH THE THE PROPERTY.

PROPERTY, AS THE CHAIRMAN NOTED, IS THE EXISTING FOGO DE CHAO RESTAURANT, SOON TO CLOSE ON THE SOUTH SIDE OF FIRST STREET, JUST EAST OF THE JEFFERSON. WHEN JEFFERSON COMMERCE TURNS INTO JEFFERSON.

TO OUR SOUTH, ACROSS THE ALLEY IS THE VERY LARGE EXISTING JOE'S STONE CRAB PARKING LOT.

TO OUR EAST AND WEST IS EXISTING COMMERCIAL DEVELOPMENT.

ALONG FIRST STREET. WE HAVE THE COURTS ACROSS FIRST STREET AND THE COSMOPOLITAN TO OUR NORTHEAST, AND OF COURSE, THE RESIDENTIAL DEVELOPMENTS ON THE WEST SIDE OF ALTON.

A LITTLE BIT OF HISTORY. THIS IS A VIEW FROM 1986.

OUR BUILDING IN THE MIDDLE OF A VERY DIFFERENT SOUTH OF FIFTH.

THIS IS THIS CORRIDOR. FIRST STREET WAS AN INDUSTRIAL CORRIDOR FOR A VERY LONG TIME.

AND YOU CAN SEE HERE THIS IS THE ALMOST THE NADIR OF MIAMI BEACH AND CRAWLING OUT OF THE 80S.

SO YOU CAN SEE OUR OUR LOT THERE. AND AT THAT POINT, THIS WAS AN INDUSTRIAL BUILDING THAT LITERALLY HAD A PULL IN FOR TRUCKS AND A LOADING DOCK. 2008 FOGO DE CHAO OPENS. AS YOU CAN SEE, THE NEIGHBORHOOD HAS ALREADY CHANGED.

WE HAVE THE COURTS THERE, WE HAVE THE COSMOPOLITAN. WHAT HASN'T HAPPENED IS A CHANGE TO THIS BLOCK.

THIS BLOCK WAS STILL ESSENTIALLY AN INDUSTRIAL BLOCK AT THAT POINT.

THIS IS WHAT FOGO LOOKS LIKE WHEN IT WAS REDONE.

CHARLES DID THAT REVISION RENOVATION TOO. AND YOU CAN SEE THE TWO STRUCTURES, AND YOU'LL SEE THE DIFFERENCE IN THE BUILDING LINES IN THE NEW DESIGN.

THIS IS FURTHER DOWN THE BLOCK. THIS IS WHERE MILOS IS NOW.

[01:10:02]

A VERY DIFFERENT FIRST STREET. AND SO FOGEL WAS REALLY A PIONEER IN THIS AREA.

SO CURRENT LOADING AND TRASH FOR ALL THESE BUSINESSES IS THEY USE THE ALLEY BETWEEN THE BUILDINGS AND THE PARKING LOT.

IT'S A WESTBOUND ALLEY. AND NOTHING'S CHANGING WITH THIS PROJECT.

AND I'LL JUST BE VERY CLEAR AND I'LL TALK ABOUT IT WHEN WE LOOK AT THE PLANS, VERY LITTLE OF THE ACTUAL BACK OF HOUSE OPERATION, IF ANY, IS CHANGING WITH THIS. THIS IS ALL ABOUT CHANGING THE DINING AREAS AND NOT REALLY CHANGING ANY OF THE BONES OF THE RESTAURANT.

THIS IS A VIEW OF THE EXISTING CONDITIONS WHERE CPS ONE WE REQUIRE CONDITIONAL USE APPROVAL.

NOW IT LOOKS TO US THAT FOGO DID NOT GET A CONDITIONAL USE APPROVAL BECAUSE PROBABLY BY THAT POINT IT WAS DEPICTED AS HAVING UNDER 300 SEATS. TECHNICALLY NOW IT HAS MORE, BUT THAT'S THAT'S WHY THIS WOULD BE THE FIRST COP FOR THIS PROPERTY, WHICH IS STRANGE, AS YOU KNOW. AS JAKE SAID, THE STAFF IS RECOMMENDING APPROVAL.

SO THIS IS THE EXISTING FOGO LAYOUT. IT'S BEEN A COUPLE OF SECONDS ON THIS, BUT THERE'S ABOUT 308 SEATS DEPICTED ON THIS CURRENT LAYOUT.

BUT IF YOU LOOK AT THE BOTTOM LEFT OF THE DRAWING, THAT IS WHERE ALL THE BACK OF HOUSE AREAS, THE KITCHEN, ETC. ARE. AND YOU'LL SEE WHEN WE LOOK AT OUR NEW LAYOUT, THAT IS NOT CHANGING.

SO IT'S REALLY JUST A, IT'S AN IMPROVEMENT TO THE TO THE SEATING AREAS ESSENTIALLY.

NOW ONE OF THE, THE, ONE OF THE THINGS WHEN YOU LOOK AT THE FOGO, ESPECIALLY WHEN YOU LOOK AT THEIR IMAGE, A LOT OF IT IS VERY CLOSED OFF, RIGHT? SO IT'S CLOSED OFF TO THE NEIGHBORHOOD. THERE'S NOT A LOT OF VISIBILITY IN.

AND THAT'S PROBABLY APPROPRIATE FOR A STEAKHOUSE KIND OF A CONCEPT. BUT OUR PLAN IS TO REALLY OPEN UP THAT THOSE FACADES AND MAKE THEM PART OF THE NEIGHBORHOOD.

SO YOU CAN SEE THIS IS THE REVISED PLAN SEATING, WHERE JUST ABOUT AROUND 100 ADDITIONAL SEATS.

THAT INCLUDES ABOUT 76 SEATS THAT ARE DEPICTED HERE ON THE BOTTOM RIGHT, WHICH IS IN A PRIVATE DINING AREA, AS WELL AS A NEW MEZZANINE THAT I'LL SHOW YOU IN A SECOND.

THE THE THE KITCHEN AREA AGAIN IS GRAYED OUT THERE.

SO IT SHOWS YOU HOW IT'S NOT CHANGING, BUT THE INTERACTION WITH THE STREET IS IMPROVED IN TWO WAYS.

NUMBER ONE, ON THE ON THE WEST SIDE, YOU'VE GOT THAT ALL OPENED UP AND THAT SEATING IS NOW VISIBLE FROM THE STREET.

THE BAR IS VISIBLE, SO IT NOW BECOMES MORE PART OF THE NEIGHBORHOOD RATHER THAN THIS CLOSED OFF THING.

WE'RE ALSO PROPOSING TO INTRODUCE OUTDOOR DINING ON THE EAST HALF.

YOU CAN SEE WE'RE PUSHING THE FACADE BACK TO ACCOMMODATE THOSE LINE OF TABLES IN A SMALL PATIO THERE.

I'LL SHOW YOU WHAT THAT LOOKS LIKE FROM A RENDERING. BUT THOSE ARE THE TWO MAIN CHANGES THAT ARE VISIBLE FROM THE STREET.

AND THEN YOU HAVE THE RE LAYOUT OF THE INTERIOR.

THIS IS THE NEW MEZZANINE AREA WHERE THERE'S AN EXISTING MEZZANINE THERE PHYSICALLY BECAUSE IT WAS AN INDUSTRIAL BUILDING, BUT WE'RE ACTIVATING THAT MEZZANINE SEATING NOW.

THIS IS THE NEW FACADE. AGAIN, AS I SAID, WHAT MR. BASHIR WANTS TO DO IS REALLY CREATE A NEIGHBORHOOD SERVING RESTAURANT HERE THAT WILL BE ATTRACTIVE TO, TO THE TO THE RESIDENTS OF SOUTH OF FIFTH. AND THAT MEANS OPEN TO THE NEIGHBORHOOD, ALLOWING FOR THAT AL FRESCO DINING EXPERIENCE FOR FOLKS, YOU KNOW, ON A, ON A SATURDAY OR SUNDAY, ETC..

SO, YOU KNOW, WE THINK THAT THE, THE CHANGE TO THE DESIGN REALLY OPENS IT UP AND REALLY BRINGS IT INTO THE NEIGHBORHOOD.

THIS IS A VIEW OF THE OUTDOOR TERRACE EATING AREA AND SOME JUST ADDITIONAL VIEWS OF THE INTERIOR.

SO THE PLAN RIGHT NOW IS THAT MR. BASHIR IS ASSUMING THIS IS APPROVED, IS GOING TO GO FORWARD AND ACTUALLY DO ALL THESE IMPROVEMENTS.

THERE'S YOU KNOW, SPEAKING OF OPERATORS, WE DON'T HAVE A RESTAURANT TOUR YET, BUT SANCHEZ IS COMMITTED TO DOING THE WORK.

AND THEN IN ORDER TO ATTRACT A HIGH LEVEL FINE DINING TENANT.

THE YOU KNOW, YOU KNOW, JUST TO BELABOR THIS FOR A SECOND, BECAUSE THIS IS ONE OF THE CONCERNS RAISED BY MR. DALTON IN HIS PRESENTATION. THAT, AGAIN, IS WHEN AND THE CONDITION OF YOUR ORDER REQUIRES THAT WHEN WE GET ANOTHER RESTAURANT OPERATOR, WE HAVE TO SIGN THE AFFIDAVIT. THE AFFIDAVIT HAS TO BE APPROVED BY STAFF.

AND THEN THERE'S A PROGRESS REPORT FOR THIS BOARD FOR THAT.

OPERATOR. SO WHOEVER IS GOING TO BE OUR TENANT, YOU'LL BE SEEING THEM.

YOU'LL SEE WHAT THEY'RE, WHAT THEY'RE, WHAT THEIR MENU IS, ETC.

BUT WE THINK THE CONSTRAINTS THAT ARE IN YOUR ORDER WILL ENSURE THAT THIS IS GOING TO BE A HIGH QUALITY OPERATION ANYWAY.

HOURS OF OPERATION. JUST TO REPEAT WHAT JAKE SAID.

A TO MAXIMUM 8 TO 2 INDOORS, EIGHT TO MIDNIGHT OUTDOORS.

DEDICATED SECURITY THROUGHOUT. NO ENTERTAINMENT AT ALL.

THAT'S CONSISTENT WITH THE SOUTH OF FIFTH LIMITS.

AND MOREOVER, AS JAKE SAID, CONSISTENT WITH RECENT APPROVALS WERE ENDING ANY KIND OF MUSIC OUTSIDE AT 10 P.M.

SUNDAY THROUGH THURSDAY, AND THEN 11 FROM FRIDAY AND SATURDAY.

VALET SERVICE, TWO ON STREET SPACES, AND I'M GOING TO.

[01:15:04]

BUT THE THE A LOT OF WHAT KIMLEY-HORN DID IN THEIR ANALYSIS, AND YOU'LL SEE IT AND ARIEL AND ADRIAN CAN SPEAK ON IT, IS LOOK AT THE EXISTING OPERATION THAT FOGEL WAS DOING AND RECOMMEND IMPROVEMENTS TO IT TO ENSURE THAT THE FUTURE RESTAURANT IS IN A BETTER NEIGHBOR WITH THEIR VALET OPERATION, DELIVERY AND GARBAGE IN THE ALLEY.

AS FOR MENTIONED, THOSE ARE THE HOURS THAT ARE PROPOSED BY STAFF 8 A.M.

TO 5 P.M. AS YOU KNOW, STAFF HAS RECOMMENDED WE ARE CONSISTENT WITH ALL NINE CRITERIA.

AND HERE'S OUR EXISTING CONDITIONS AGAIN AND THE PROPOSED PROJECT.

SO BRIEFLY LET ME IN THIS CASE, THERE'S SOMETHING ELSE I HAVEN'T DISCUSSED ABOUT.

SO THE. OH, THE OTHER THING ABOUT THE VALET OPERATION, I APOLOGIZE.

THERE'S A THERE'S A, YOU KNOW, TO TO MR. GALLIANO'S CONCERN ABOUT THE VALET OPERATION.

THERE IS A AGAIN, ANOTHER STUDY THAT WILL BE REQUIRED 60 DAYS AFTER THE VALET IS IN OPERATION TO ENSURE THAT THAT WHAT THE KIMLEY-HORN GUYS HAVE RECOMMENDED HAS BEEN PUT IN PLACE SUCCESSFULLY. AS WELL AS THE NECESSARY PROGRESS REPORT WHEN WE GET OUR RESTAURANTEUR FOR THE FOR THE FIRST TIME.

SO WITH THAT, WE'RE GOING TO ASK FOR YOUR APPROVAL WITH THOSE AMENDED CONDITIONS TODAY.

I'M GOING TO RESERVE TIME FOR REBUTTAL. WE CAN DISCUSS THE TRAFFIC DETAILS.

AFTER MATTHEW'S BEEN ABLE TO PRESENT. APPRECIATE IT.

THANK YOU FOR YOUR TIME. OKAY. ANYBODY IN CHAMBERS SPEAK ON THIS, MATTHEW.

OKAY. GOOD MORNING, PLANNING BOARD. MATTHEW TARNOFF.

MY ADDRESS IS 125 JEFFERSON AVENUE. I LIVE 100FT AWAY FROM THIS PROPOSED PROJECT.

I'D LIKE TO BE TREATED AS A. I KNOW THE TERMINOLOGY HAS CHANGED RECENTLY.

WHETHER IT'S INTERESTED PERSON AFFECTED PERSON WITH RESPECT TO THIS.

BUT BECAUSE MY WIFE AND I AND MY CHILDREN WHO ARE IN THE AUDIENCE WE LIVE SO CLOSE TO HERE WE HAVE SOME CONCERNS. I KNOW THE APPLICANT HAD ABOUT TEN MINUTES.

I'M NOT ASKING FOR EQUAL TIME, BUT I THINK, MR. CHAIR, I COULD PROBABLY GET THROUGH IN ABOUT EIGHT MINUTES OF MY SLIDES, AS YOU KNOW.

YOU KNOW, THE FORMER PLANNING BOARD MEMBER. I WILL GRANT YOU THAT TIME.

THANK YOU. THANK YOU. AND AS YOU KNOW, SHOULD THIS BE APPROVED TODAY, IF IF YOU WOULD LIKE TO MAKE IF SOMEONE WOULD LIKE TO MAKE AN APPEAL, IT GOES TO IT GOES TO COURT, BASICALLY. AND THE ONLY THING THAT CAN BE DISCUSSED IS WHAT'S ON THE RECORD.

SO I'M GOING TO TRY TO PUT EVERYTHING THAT I CAN ON THE RECORD TODAY.

SHOULD WE NOT, YOU KNOW, COME OUT WITH A FAVORABLE OUTCOME OR COME TO A GOOD OUTCOME? SO IF PJ IS IN THE BACK, COULD YOU PLEASE PULL UP MY SLIDES? THANK YOU. SO AGAIN THIS IS ON OBVIOUSLY 834 FIRST STREET.

THIS PICTURE, MY OPENING PICTURE IS FROM THE APPLICANT'S OWN TRAFFIC STUDY TAKEN IN JULY DURING THE LOW SEASON.

THAT SHOWS ALREADY AN ISSUE WITH THE VALET OPERATION AT THE CURRENT RESTAURANT.

NEXT SLIDE PLEASE. ACTUALLY, CAN I, CAN I DO THAT? OKAY, I'M GOING TO SWITCH. PLEASE USE THE LAPTOP ON YOUR LEFT. YOU CAN USE THE MACHINE.

YOU GOT IT. OKAY. SO LIKE I SAID, THE COURTS IS A LOW SCALE.

THESE ARE FOUR STORY RESIDENTIAL BUILDINGS. THIS IS NOT A MEGA TOWER.

THESE ARE PEOPLE THAT ANYTHING THAT HAPPENS ON THE GROUND LEVEL, WHETHER IT'S PEOPLE QUEUING, WAITING FOR THEIR CARS AFTER THEY EAT, WHETHER IT'S THE HONKING ON THE STREET, WHICH HAS BEEN A PROBLEM OVER THE YEARS.

YOU HEAR IT AGAIN. I LIVE ABOUT 100FT AWAY. MY CHILDREN'S WINDOWS ARE ABOUT 100FT AWAY, AND OVER PREVIOUS YEARS THEY HAVE BEEN WOKEN UP AT NIGHT BY THE HONKING THAT WE. WHAT WE WILL HEAR ABOUT THE OBJECTIONS TODAY ARE BASED UPON.

THERE IS NO IDENTIFIED OPERATOR OF THIS NEW RESTAURANT CONCEPT.

THE INCREASED RESTAURANT SIZE AND THE IMPACTS THAT THAT COULD BRING.

THIS ONE HERE IS OBVIOUSLY NO LONGER APPLICABLE.

AND THEN OF COURSE THE TRAFFIC, THE VALET AND THE CUMULATIVE NEIGHBORHOOD IMPACTS.

MY FIRST OBJECTION IS THE ONE OF THE CRITERIA THAT YOU REVIEW THE NEIGHBORHOOD IMPACT ESTABLISHMENTS CRITERIA, CRITERIA. IT SAYS AN OPERATION OR BUSINESS PLAN WHICH ADDRESSES THE HOURS OF OPERATION, THE NUMBER OF EMPLOYEES, THE MENU ITEMS, THE GOALS OF THE BUSINESS, AND OTHER OPERATIONAL CHARACTERISTICS PERTINENT TO THE APPLICATION.

[01:20:03]

NOW, GRANTED, I WILL SAY THAT THE OPERATION PLAN WAS OVERLY BROAD SO THAT IT PROBABLY CONCEIVABLY WILL INCLUDE EVERY POSSIBLE RESTAURATEUR THAT WOULD BE INTERESTED IN THIS SPACE. BUT THE TRUTH IS THAT THERE IS NO RESTAURANT SELECTED.

THERE IS NO I'M SORRY, MY WIFE JUST TEXTED ME BECAUSE SHE'S GOING TO BE PICKING UP MY CHILDREN, SO I NEED TO JUST LET THEM KNOW. LET ME. JUST ONE MOMENT, PLEASE.

THEY'RE GOING TO HEAD DOWNSTAIRS AND MEET MY WIFE.

BECAUSE TODAY IS ELECTION DAY. THERE'S ACTUALLY NO PUBLIC SCHOOL. SO WHERE WAS I? THE ALL THESE THINGS HERE? THE OPERATION PLAN IS VERY GENERIC AND IT COVERS ALL THESE POSSIBLE CONDITIONS.

BUT WE DON'T KNOW WHO THE OPERATOR IS. AND AND JONATHAN, YOU BROUGHT THIS UP ON MANY OF THESE APPLICATIONS.

YOU KNOW, THIS IS THE TIME WHEN YOU'RE HERE FOR CONDITIONAL USE PERMIT OF A NEIGHBORHOOD IMPACT ESTABLISHMENT TO EVALUATE THAT OPERATOR, THEIR TRACK RECORD, WHAT THEY'RE GOING TO BE BRINGING TO OUR NEIGHBORHOOD. AND WE DON'T KNOW. THE APPLICANT IS COREY REAL ESTATE, LLC. THEY ARE NOT OPERATORS OF ANY SORT OF RESTAURANT ESTABLISHMENT.

AND THAT MUST BE SAID ON THE RECORD THAT THAT THIS IS NOT CONSISTENT.

I THINK AN OBJECTIVE EVALUATION OF THIS CRITERIA WOULD FIND THAT IT'S NOT CONSISTENT.

AND WE HAVE PRECEDENT IN THIS NEIGHBORHOOD. WHEN I SERVED ON THE BOARD WITH MANY OF YOU, BUT NOT ALL OF YOU, WE HAD A NEIGHBORHOOD IMPACT STRUCTURE THAT WAS SEEKING A NEIGHBORHOOD IMPACT ESTABLISHMENT IN THIS NEIGHBORHOOD.

AND AT THAT TIME, THE PLANNING STAFF RECOMMENDED THAT THE NEIGHBORHOOD IMPACT ESTABLISHMENT RESTAURANT SHALL NOT BE APPROVED AT THIS TIME.

ANY FUTURE APPLICATION FOR A NEIGHBORHOOD IMPACT RESTAURANT SHALL INCLUDE ALL INFORMATION NEEDED FOR A COMPLETE REVIEW, INCLUDING AN ACTUAL OPERATOR OR TENANT. I THINK THAT PART IS KEY.

AN ACTUAL OPERATOR OR TENANT BECAUSE WHAT THEY'RE DOING TODAY, WHAT THEY HAVE TODAY, THEY'RE THE FOGO DE CHAO.

IT IS A BY RIGHT RESTAURANT. IT'S BELOW THAT THRESHOLD THAT'S REQUIRED FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT.

WHAT THEY'RE PROPOSING, THOUGH, IS A PRETTY LARGE INCREASE AT 398 SEATS.

THAT'S ABOUT A 40% INCREASE. WHAT'S FROM WHAT'S THERE TODAY? THE TOTAL OCCUPANT LOAD IS ALMOST A 72% INCREASE, 213 MORE OCCUPANTS POTENTIALLY AT FULL CAPACITY.

SO WE'RE TALKING ABOUT PRIVATE EVENTS. WE'RE TALKING ABOUT CORPORATE DINNERS OR WE'RE TALKING ABOUT POTENTIAL.

YOU KNOW, IF YOU HAVE LIKE A BIG FOOTBALL GAME IN TOWN AND THEY COME HERE FOR THOSE SORTS OF EVENTS, THAT IS THE IMPACT THAT WE COULD HAVE HERE. AND AGAIN, THE CURRENT RESTAURANT DOES NOT REQUIRE A NEIGHBORHOOD IMPACT ESTABLISHMENT.

THEY COULD BRING IN ANOTHER WORLD CLASS OPERATOR LIKE FOGO DE CHAO WITHOUT COMING TO YOU.

AND THE PROJECT THAT THEY SHOWED YOU, THIS BEAUTIFUL RENOVATION, AGAIN CAN ALL BE DONE WITHOUT A NEIGHBORHOOD IMPACT ESTABLISHMENT CONDITIONAL USE PERMIT.

BECAUSE WHAT YOU'RE DOING, IF YOU GRANT THAT TO THEM, IS YOU ARE GIVING THEM A VESTED RIGHT IN PERPETUITY.

BASICALLY, YOU'RE GIVING THEM A, AN ADDITIONAL RIGHT THAT THEY DO NOT HAVE TODAY.

I CAN SKIP OVER THIS BECAUSE THANKFULLY IT'S NOT ALLOWED SOUTH OF FIFTH.

BUT THIS IS JUST AN EXAMPLE OF SOME OF THE MORE LAX CONDITIONS THAT WERE ATTACHED TO THIS DRAFT STAFF REPORT.

I'LL SKIP THAT. BUT CONDITION NUMBER EIGHT IS ABOUT THE PROXIMITY TO RESIDENTIAL USES.

AGAIN, WE'RE TALKING ABOUT DIRECTLY ACROSS THE STREET.

WE'RE TALKING GROUND LEVEL. WE'RE TALKING LEVELS ONE, TWO, THREE AND FOUR.

AND WE'RE GOING TO HAVE UP TO 100 AND 509 PEOPLE, A LARGER RESTAURANT SPACE, INDOOR OPERATIONS UNTIL 2 A.M., WHICH MEANS THAT PEOPLE COULD BE LEAVING AT 2 A.M.

IN THE MORNING AND DISTURBING RESIDENTS NEARBY.

ANOTHER CRITERIA THAT I BELIEVE IS DOES NOT ACTUALLY MEET THE GUIDELINES IS THE TRAFFIC AND THE MITIGATION.

A TRAFFIC STUDY AND A TRAFFIC IMPACT STATEMENT IS REQUIRED, WHICH THE APPLICANT DID PROVIDE.

HOWEVER, THEY GET TO THEIR ANALYSIS AND THEIR CONCLUSION THAT THIS WILL NOT LEAD TO A LARGE INCREASE IN TRAFFIC, WILL NOT IMPACT SERVICE LEVELS, WILL NOT DISTURB THE NEIGHBORHOOD BECAUSE THEY USE SOMETHING CALLED THE PASS BY RATIO OR THE BYPASS RATIO.

THIS IS THE CHART THAT'S IN THE MANUAL, THE ENGINEERING MANUAL.

[01:25:01]

BUT WE DON'T KNOW WHERE IN FLORIDA OR WHERE IN KENTUCKY, WHERE THESE DOWNTOWN URBAN ORIENTED RESTAURANTS, WHERE THESE SUBURBAN STRIP MALLS WERE THEY SOMEWHERE IN BETWEEN? WE JUST DON'T KNOW. BUT YET ALLOWING AN APPLICANT TO SAY THAT THEIR PROJECT WILL NOT HAVE A TRAFFIC IMPACT, EVEN THOUGH THEY'RE INCREASING THE SIZE BY AT LEAST 40% BECAUSE THEY'RE ABLE TO JUST USE THIS, THESE SURVEYS THAT SAY. THAT THEY'RE PASSED BY TRIPS.

AND BY THE WAY, I WILL BE ASKING THEIR TRAFFIC ENGINEER SOME QUESTIONS, INCLUDING TO EXPLAIN WHAT A PASS BY TRIP IS, BECAUSE I THINK THAT IS EXTREMELY IMPORTANT TO UNDERSTAND WHEN YOU'RE MAKING THE DELIBERATION TODAY.

AND THEN FINALLY, THEIR TRAFFIC STUDY AND TALKING ABOUT WHEN YOU DO YOUR FINALLY.

YES, I'M SORRY, I DID LOSE TRACK OF TIME THERE.

SORRY. GO AHEAD. THEY HAD VALET SPILLBACK. AND WHAT THAT MEANS IS THAT THEY HAD ISSUES GETTING INTO THEIR RAMP AND GETTING CARS OUT.

AND THIS WAS JULY 2026 DURING THE LOW SEASON AT A RESTAURANT AT ITS CURRENT LEVEL.

WHAT THAT MEANS. IT MEANS DROP OFFS TAKE PLACE IN THE TRAVEL LANE.

THAT MEANS DRIVERS LEAVE CARS IN THE LANE BACKING UP TRAFFIC, AND THAT LEADS TO HONKING AND NOISE.

AND AT NIGHT THAT NOISE INTERRUPTS, INTERRUPTS SLEEP FOR PEOPLE AND INTERRUPTS THEIR QUIET ENJOYMENT OF THEIR HOMES.

AND I KNOW THIS BECAUSE I HAVE FIRSTHAND, MY FAMILY AND OTHERS HAVE FIRSTHAND EXPERIENCE THIS AND THEIR TRAFFIC STUDY.

IT SAYS THAT THEIR PLAN IS TO CORDON OFF EIGHT FEET OF FIRST STREET TO ACCOMMODATE VALET QUEUE SPILLBACK.

BUT THE PARKING DEPARTMENT SAYS THAT THE MOVING TRAFFIC LANE MAY NOT BE USED AS PART OF THE VALET RAMP.

SO THEIR PLAN TO MITIGATE THIS ISSUE IS TO USE A TRAFFIC LANE, WHICH IS SIMPLY NOT POSSIBLE UNDER THE CURRENT CITY CODE.

AND I ASKED I WROTE TO THE PARKING DEPARTMENT ASKING THEM THIS QUESTION.

VALET VEHICLES MAY NOT QUEUE FROM A MOVING, MOVING TRAFFIC LANE AND THEN FURTHER DOWN.

MOVING TRAFFIC LANE MAY NOT BE USED AS PART OF THE VALET RAMP.

SO THIS STUDY, THIS SPILL BACK WAS WITNESSED JULY 25TH, 2026 AT THE CURRENT MAXIMUM OF 288 SEATS DURING THE OFF SEASON. WHAT HAPPENS IF THE RESTAURANT GETS LARGER? WHAT HAPPENS DURING PEAK SEASON? WHY MUST RESIDENTS POLICE THE OPERATION? WHY DO WE HAVE TO COMPLAIN? PROGRESS REPORTS, MODIFICATION HEARINGS, ANOTHER BALLET STUDY, US HAVING TO POLICE AND CALL CODE COMPLIANCE AND THE PARKING DEPARTMENT.

AND THEN FINALLY THE. SORRY, ANOTHER. FINALLY, THE CONDITIONAL USE CRITERIA ABOUT THE CONCENTRATION OF USE.

IT'S ALSO IN THE NEIGHBORHOOD IMPACT ESTABLISHMENT CRITERIA. STAFF SAID IT WAS CONSISTENT THAT IT WOULD NOT HAVE A.

IT WOULD NOT BE A OVERLY CONCENTRATED USE. BUT THE TRUTH IS THAT THIS IS A SPECULATIVE CHANGE.

THEY'RE SEEKING TO INCREASE THE COUNT, THE VESTED RIGHT TO HAVE A NEIGHBORHOOD IMPACT ESTABLISHMENT, SO THAT THEY CAN THEN GO OUT AND GET MORE HIGHER, HIGHER CREDIT LEVEL, HIGHER PAYING TENANTS FOR THE SPACE.

AND I THINK WE SHOULD LOOK AT WHAT HAPPENED AT RECENT NEIGHBORHOOD IMPACT ESTABLISHMENT CUPS THAT WERE APPROVED BY THE PLANNING BOARD.

THIS WAS WRITTEN ABOUT IN A PUBLICATION CALLED AIR MAIL, WHICH WAS WRITTEN BY FORMER VANITY FAIR JOURNALIST.

THEY CALLED IT THE NEW SWAMP LAND. BASICALLY, PROPERTY OWNERS ARE SELLING SHOVELS AND THE RESTAURANTEURS ARE MINING FOR GOLD.

IT'S THE CLASSIC GOLD RUSH STORY. AND SOUTH OF FIFTH RECENTLY, WE'VE HAD RED STEAKHOUSE CLOSED.

GAO GAO CLOSED QUOTE, SEASONAL PAUSE, LUCKY CAT, BUT IT'S ACTUALLY CLOSED.

OR LA GRANDE BOUCHERIE, ANOTHER 500 SEAT RESTAURANT.

THEY SAID A SEASONAL PAUSE, BUT THEY'RE GONE.

THEY HAD MOVING TRUCKS OUT FRONT OVER THE SUMMER.

EVEN GAIA, WE HAD YOUR PROGRESS REPORT TWO MONTHS AGO.

THEY SAID WE'RE REDUCING TO THREE DAYS A WEEK RIGHT NOW.

A NEIGHBORHOOD FAVORITE, SANTORINI BY GEORGIOS.

THEY WERE SQUEEZED OUT BY THE RISING RENTS AND THEY LEFT THE NEIGHBORHOOD AFTER TEN YEARS.

FELIPE CHAO DIDN'T EVEN OPEN. THEY GOT INTO A LAWSUIT WITH THEIR TENANT AND THEN A COUNTERSUIT.

IT DIDN'T HAPPEN. THE END RESULT IS THAT THE NEIGHBORHOOD SUFFERS BECAUSE WE END UP WITH VACANT STOREFRONTS, AND THEN THE CYCLE CONTINUES. YOU HAVE THE LANDLORDS WHO ATTRACT THESE HIGH PAYING, LARGE SCALE

[01:30:04]

THEY OPEN AND IF THEY DON'T SUCCEED, THEY CLOSE.

AND THE NEIGHBORHOOD IS LEFT WITH VACANT STOREFRONTS, WITH UNAFFORDABLE RESTAURANTS AND WITHOUT NEIGHBORHOOD FACING RETAIL.

SO I JUST WANT TO CLOSE WITH THE FACTS. DON'T SUPPORT APPROVAL TODAY.

AND WHAT I WOULD ASK OF THIS BOARD IS THAT YOU CONTINUE THE APPLICATION UNTIL AN ACTUAL OPERATOR IS FOUND, UNTIL AN OPERATOR CAN FIND THAT RESIDENTS AND NEIGHBORHOODS IS SUBMITTED UNTIL A REALISTIC TRAFFIC STUDY FOR AN UPSCALE DESTINATION DINING REPORT BECAUSE THEIR OPERATIONS PLAN CALLS THEM A DESTINATION DINING, NOT A PASSERBY DESTINATION DINING ESTABLISHMENT.

WE GOT IT. OKAY. AND THAT IS IT. I WOULD LIKE THE ABILITY TO CROSS-EXAMINE OR QUESTION EITHER STAFF OR OR THE APPLICANTS. AFTER THEY PRESENT THEIR THEIR VALET, IF THAT'S OKAY, CROSS-EXAMINE THEM.

YOU CAN REBUTTAL. HE HE CAN CROSS-EXAMINE. I MEAN, TYPICALLY WE WOULD DO THAT AS PART OF YOUR, YOU KNOW, TIME DURING THE PUBLIC HEARING. BUT OKAY.

WELL, YEAH, OBVIOUSLY I'M GOING TO ASK THE KIMLEY-HORN GUYS TO ADDRESS MATHEWS TRAFFIC.

BY THE WAY, JUST IS THERE ANYBODY ELSE OTHER THAN THE APPLICANT HERE TO SPEAK ON THIS? NO. IS THERE ANYONE ON ZOOM ON THIS? OKAY. SO WE'RE GOING TO CLOSE THE PUBLIC HEARING BUT KEEP IT OPEN FOR GO AHEAD.

OKAY. SO I'M GOING TO LET ME ADDRESS A COUPLE OF BIG PICTURE THINGS.

YOU KNOW, OBVIOUSLY MATTHEW RAISES THE SPECTER OF, OF EMPTY STOREFRONTS.

BUT GUESS WHAT? WE HAVE AN EMPTY STOREFRONT OF A RESTAURANT, RIGHT? SO WE KNOW WE'RE GOING TO HAVE AN EMPTY STOREFRONT.

IF MR. BASHIR CAN'T GO FORWARD AND DO THE IMPROVEMENTS THAT HE'S GOING TO SPEND MILLIONS OF DOLLARS TO DO.

SO THIS IS NOT THIS ISN'T A SPECULATIVE USE. IT'S BEEN A IT'S BEEN A RESTAURANT IN THIS LOCATION FOR ALMOST 20 YEARS ALREADY.

THE AND I, YOU KNOW, I DID READ THAT AIR MAIL PIECE AS WELL.

MATTHEW WAS VERY ENTERTAINING. BUT WHAT THAT AIR MAIL PIECE SAID WAS THAT, YEAH, RESTAURANTS THAT COME IN AND THINK THEY'RE GOING TO MINT GOLD JUST BECAUSE OF THEIR NAME FAIL IN MIAMI. WHAT SUCCEEDS IN MIAMI ARE GOOD RESTAURANTS, RIGHT? THE RESTAURANTS THAT HAVE QUALITY OVERALL, RIGHT? THE ONES THAT STAND THE TEST OF TIME. IT'S A TOUGH ENVIRONMENT FOR ANY RESTAURANT.

BUT YOU KNOW, THAT'S WHAT MR. BASHIR'S PLAN IS TO BRING A QUALITY NEIGHBORHOOD RESTAURANT TO THIS SPACE THAT'S BEEN, AGAIN, A RESTAURANT FOR ALMOST 20 YEARS. SO LET ME ASK CENGIZ TO ADDRESS YOU BRIEFLY, AND THEN I'LL TURN IT OVER TO KIMBERLY HORN. GUYS, LET ME GET TO THE HEART OF THE MATTER.

GRAHAM, WHAT IS WRONG WITH WITH POSTPONING THIS UNTIL YOU HAVE AN OPERATOR AND A PLAN.

RIGHT. WELL, VERY SIMPLY, WHAT CENGIZ WANTS TO DO IS START THE INTERIOR WORK.

I CAN'T DO ANY WORK HERE. I CAN'T GET A DRB APPROVAL AND GO FORWARD WITH A PERMIT AND SPEND ALL THAT TIME AND MONEY UNTIL I HAVE A CUP.

NOW, I'LL TELL YOU. IS THAT TRUE? IS THAT. ABSOLUTELY.

SO THE LET ME PREFACE IT BY SAYING EVENTUALLY THERE'S GOING TO BE SOMETHING THERE.

RIGHT. SO YOU'RE SAYING THEY CAN'T BEGIN THE PROCESS OF BUILDING BEFORE THEY GET A CUP.

THE THE COMPLICATION IS THE THE INCREASE IN OCCUPANCY.

SO THAT IS ONE THING THAT WE DO. CHECK THROUGH THE BUILDING PERMIT REVIEW PROCESS.

THE INCREASE IN OCCUPANCY PROPOSED IS WHAT'S TRIGGERING THE CUP.

SO TYPICALLY WE WOULD REQUIRE THE CUP TO BE APPROVED BEFORE APPROVING THE BUILDING PERMIT.

BUT CAN WE BIFURCATE IT. YOU SAID TYPICALLY IF WE WANTED TO BIFURCATE IT, COULD WE ALLOW THEM TO DO THE CONSTRUCTION AND COME BACK WHEN THEY HAVE THE OPTION? WHAT SHE'S SAYING IS THE CONSTRUCTION MAY BE DEPENDENT UPON THE OCCUPANCY THAT WE ALLOW.

WE WHAT WE COULD DO IS WE COULD REQUIRE THEM TO SUBMIT A HOLD HARMLESS AGREEMENT, BASICALLY HOLDING THE CITY HARMLESS THAT IF THEY IN THE EVENT THEY ARE NOT GRANTED A CUP THAT THEY WOULD NOT BE ABLE TO OPEN, THEY WOULD NOT BE ABLE TO GET A TCO OR A CO OR A, A TR FOR THE SPACE. I MEAN, THE GRAHAM, THE REASON I'M ASKING, IT'S A FAIR ARGUMENT THAT MATTHEW MAKES THAT, YOU KNOW, UNTIL. YEAH, WE'D LIKE TO. AND I'M SURE HE'S A GREAT OPERATOR AND PUTTING A LOT OF MONEY INTO IT.

BUT IN FAIRNESS, UNTIL WE KNOW WHAT'S. ACTUALLY GOING TO GO THERE, I THINK MATTHEW'S POINT IS PRETTY WELL TAKEN.

WELL, THAT BEING SAID, WHAT YOUR CONSTRUCTION.

BE DEPENDENT UPON THE OCCUPANCY OR. WOULD IT BE THE SAME REGARDLESS? WELL, YEAH. I MEAN OBVIOUSLY WE WANT. TO DO ONE PROJECT.

RIGHT. AND I UNDERSTAND THAT. BUT WOULD THE PROJECT CHANGE.

I MEAN THE OCCUPANCY THAT WE GRANT IS NOT GOING TO MATERIALLY CHANGE.

PHYSICALLY AND I AND AGAIN, I'LL LEAVE THAT TO DEBBIE AND JAKE. I'M ASSUMING IF I SHOW UP, THEY'RE GOING TO REQUIRE IN THE REVIEW PLANNING IS GOING TO REQUIRE ME TO SHOW A SEATING PLAN, AND THAT ANALYSIS WILL BE DONE. I CAN'T HAVE A BIG LIKE, FOR EXAMPLE, SAY I HAVE MY LITTLE, MY, MY PRIVATE DINING AREA, THAT'S 76 SEATS ON THAT PLANE.

RIGHT? SO YOU SHOW NOTHING THERE, RIGHT? PLANNING IS GOING TO SAY, WHAT ARE YOU PUTTING THERE? RIGHT? I CAN'T PRETEND THAT THERE'S NO SEATS THERE. SO THE

[01:35:07]

YOU HAVE TO MAKE SURE YOU'RE CONSISTENT, I THINK TO CUT IT SHORT, MAYBE THIS WILL HELP, MAYBE IT WON'T.

I THINK THAT IF AND I UNDERSTAND MATTHEW'S CONCERN, I UNDERSTAND THE CONCERN I'M HEARING FROM THE DAIS.

HOW ABOUT ANOTHER ALTERNATIVE THAT WE REVERT BACK TO THE OLD DAYS FOR CONDITION ONE, WHICH WOULD MEAN THAT WE WOULD HAVE TO COME BACK FOR A MODIFICATION TO THIS CONDITIONAL USE.

RIGHT. YOU KNOW, IT'S FUNNY. I WAS JUST GOING TO SUGGEST THAT LIKE THE OPERATOR.

RIGHT. SO THAT MEANS THAT UNTIL. RIGHT. MR. BARSKY IS NOT RUNNING A RESTAURANT.

RIGHT. SO SAY WE GET A OUR OUR DREAM HIGH END OPERATOR, WHICH I'M HEARING.

WHY ARE YOU WHY ARE YOU DOING ALL OF THIS WHEN YOU DON'T HAVE AN OPERATOR? BECAUSE THE IDEA AND JUST CAN EXPLAIN IT AS WELL IS THAT HE WANTS TO BE ABLE TO BUILD THE SPACE AND ENTICE A HIGH QUALITY OPERATOR WITH THE SPACE EXISTING. WE ALREADY HAVE 5 OR 6 RESTAURANTS IN THE NEIGHBORHOOD THAT ARE EMPTY RIGHT NOW AND THAT ARE CLOSING, REDUCED HOURS, ET CETERA. ET CETERA. BUT THAT'S THE IDEA, RIGHT? AND I THINK HE'S TAKING ON THAT RISK ALL OF HIS OWN.

RIGHT. SO THE BOARD AND THE COMMUNITY ARE PROTECTED.

IF WE IF WE GO BACK TO THE OLD VERSION. RIGHT.

THE OPERATOR RIGHT NOW IS CONY. ANY MODIFICATION THAT OPERATOR REQUIRES A MODIFICATION TO THE CONDITIONAL USE PERMIT.

SO NOT A NOT A PROGRESS REPORT, A WHOLE THING.

RIGHT. WE'RE BACK HERE. I'M STANDING HERE WITH A GUY AND YOU WANT SO THAT YOU CAN BEGIN WHAT YOU NEED TO DO.

AND THEN YOU CAN COME BACK FOR THE ADDITIONAL.

SO HE WOULD HAVE TO THE OPERATOR WOULD HAVE TO SUBMIT THE MENU, THE TRAFFIC REPORT, THE HOURS OF OPERATION, THE SEATING, THE MUSIC. 100% OF WHAT WE'RE SEEING NOW WOULD HAVE TO BE RESUBMITTED.

IS THAT WHAT YOU'RE REQUIRED TO SHOW THAT? YEAH, THAT MAKE THE CONDITIONAL USE PERMIT REQUIREMENTS FOR THE NEW OPERATOR.

RIGHT. SO IF THAT DOES CHANGE THE VALET OPERATION, FOR EXAMPLE, OVER WHAT WE'VE APPROVED, THEN IT WOULD NEED TO BE PART OF THAT PACKAGE.

BUT BUT ALL THE REST OF IT, OBVIOUSLY THE NAME, THE MENU, THE HOURS, ALL THAT STUFF.

ONCE IT'S NAILED DOWN WITH THIS NEW OPERATOR, THEN WE WOULD COME IN, WE WOULD MODIFY IT.

IT WOULD BE A PUBLIC HEARING. I THINK IT SHOULD BE CONTINUED AGAIN.

ELIZABETH, MY PROBLEM IS THIS, RIGHT? IF THAT'S I MEAN, I UNDERSTAND YOU DON'T CARE ABOUT MY PROBLEM, BUT WE'RE JUST ONE PERSON'S VIEW. I, I'M KIND OF RECEPTIVE TO WHAT YOU'RE SAYING.

IF YOU HAVE TO COME BACK AND GET IT MODIFIED, IT'S MORE THAN A PROGRESS REPORT, RIGHT? CURRENTLY, IT'S A PROGRESS REPORT WHICH GIVES YOU LIMITED AUTHORITY.

IF WE DO IT THE OLD FASHIONED WAY, YOU HAVE THE FULL AUTHORITY OF A MODIFICATION TO THE CIP, RIGHT? SO WE WOULD BE APPROVING IT WITHOUT A LOT OF THE THINGS YOU'RE ASKING FOR TODAY.

WELL, SO. WELL, JUST TO BACK IT UP HALF A STEP, MY MY SUGGESTION IS THAT THE ORDER IS APPROVED AS PROPOSED, AS AMENDED, WITH THOSE AMENDED CONDITIONS WITH THE NEW MODIFICATION TO CONDITION ONE A OR WHATEVER IT IS A ONE TO TO REQUIRE THE CHANGE OF OPERATOR TO COME BACK FOR A NEW MODIFICATION TO THE CUP, JUST LIKE WE USED TO DO.

AGAIN, LIKE YOU SAW EARLIER, RIGHT? THAT'S THE OLD THE OLD ORDERS BEFORE THE AFFIDAVIT, RIGHT.

SO IF I UNDERSTAND YOUR THOUGHT PROCESS, APPROVE IT SO THAT YOU CAN START YOUR CONSTRUCTION, BUT REQUIRING THAT YOU COME BACK AND WE CAN THEN MODIFY IT BECAUSE WE KNOW TO ELIMINATE THINGS IF WE THINK IT'S UNREASONABLE.

YEAH. AND AGAIN, THAT THAT WILL CHANGE THE HOURS IN ALL LIKELIHOOD THAT WILL IS THAT A PROCEDURAL POSSIBILITY? YEAH. YOU CAN, YOU CAN JUST REQUIRE A MODIFICATION ONCE THE OPERATOR IS SELECTED.

WHAT IF WE THOUGHT THE INTENSITY WAS TOO MUCH.

CAN WE CHANGE THE SEATING AFTER THE FACT. YEAH.

THAT'S WHAT THE MODIFICATION HEARING WOULD BE. I'M ASKING WHY WOULD YOU CAN'T I THINK WE COULD PUT THAT LANGUAGE IN SO THAT IT'S VERY CLEAR THAT THE MODIFICATIONS SHALL BE SUBJECT TO FURTHER CONSIDERATION OF THE NUMBER OF SEATS, THE OCCUPANCY, THE HOURS OF OPERATION.

SO IT'S IT'S IN EFFECT. AND THEY THE OPERATOR HAS TO GO THROUGH THE CUP AGAIN, BUT IT'S NOT CONSISTENT NOW.

AND I THINK THAT'S WHAT TO MATTHEW'S POINT. I MEAN HE'S HE'S RIGHT.

SO QUESTION TO THE LEGAL TEAM. WHAT OTHER OPTIONS DO WE HAVE TO ALLOW THEM TO GO AHEAD AND DO THE MODIFICATIONS ON THE BUILDING ARCHITECTURALLY ON THE REST.

THAT WOULD ALSO ADDRESS SOME OF THE CONCERNS WE'RE TALKING ABOUT TODAY ABOUT ALLOWING A CUP.

THAT'S SO DO WE HAVE ANY OTHER OPTIONS WHERE THEY CAN MOVE FORWARD WITH THE CONSTRUCTION RENOVATION WITHOUT US APPROVING THE CUP IN THE NEW SO THEY COULD CERTAINLY IN THEIR, IN THEIR PLANS, REDUCE THE OCCUPANCY THROUGH VARIOUS PERMANENT CONSTRUCTION PROPOSALS IN, IN, IN CONSULTATION WITH THE FIRE DEPARTMENT.

[01:40:02]

OTHER THAN THAT, I THINK IT WOULD BE CHALLENGING BECAUSE IT'S GOING TO BE VERY DIFFICULT FOR US TO APPROVE A PERMIT WITH A, WITH AN OCCUPANCY THAT EXCEEDS 2 TO 99, 99 BECAUSE THAT REQUIRES THAT'S MUCH MORE IMPORTANT THAN ACTUALLY THE NUMBER OF SEATS, BECAUSE THAT ACTUALLY REQUIRES THE Q P THAT IS THE TRIGGER.

SO SHORT OF THEM REDUCING THE THE OCCUPANCY OF THE BUILDING PERMIT, I THINK IT WOULD BE CHALLENGING.

GRAHAM, I HAVE A QUESTION. SO IF WE DO WHAT YOU'RE SAYING, YOU'RE STILL TAKING THE RISK BECAUSE WE MAY REDUCE THE OCCUPANCY 100%.

RIGHT. IT'S ALL OF THIS IS ON YOU KNOW, EVERYTHING'S AT RISK, RIGHT? I MEAN, MR. KERR IS RISKING MILLIONS OF DOLLARS TO DO THIS WORK.

YOU KNOW, I DON'T UNDERSTAND WHY YOU CAN'T JUST MAKE THE THE INTERIOR CHANGES WITHOUT HAVING A Q P.

I MEAN, THAT'S WHAT WAS THAT'S WHAT HAPPENED BEFORE. I MEAN, IT'S BEEN THERE FOR SINCE THE 80S.

I JUST I MEAN, THE, THE CONCEPT IS TO, TO UTILIZE THE MEZZANINE TO, TO OPEN UP THE, THE FRONT, YOU KNOW, THAT GETS US OVER 300. BUT WHY CAN'T YOU JUST I MEAN, YOU'VE ALREADY GOT HOW MANY SEATS DID YOU SAY.

ABOUT 400. I MEAN IF YOU IF YOU. 400 ON THE PLAN.

SO, SO I MEAN I, I DON'T KNOW HOW YOU CAN HAVE A YOU DON'T HAVE A MENU.

YOU DON'T HAVE ANYTHING. YOU'RE WE'RE, WE'RE BASICALLY APPROVING SOMETHING BEHIND.

AND I'M NOT COMFORTABLE WITH THAT. YEAH. I MEAN, AGAIN, NOT TO BELABOR THIS, ELIZABETH, BUT MY, MY IDEA WOULD MEAN GIVES THE BOARD THE ULTIMATE AUTHORITY OVER WHAT THE RIGHT.

BUT I'M TRYING TO ASK YOU, AND I AGREE WITH YOU, BUT MY QUESTION IS, IF WE HAVE THE ABILITY TO BASICALLY REDO THE CUP IS BASICALLY WHAT YOU'RE SAYING. WE DO IT IN THE FIRST IN A MODIFICATION HEARING.

BUT HOW DOES THAT GIVE YOUR CLIENT COMFORT TO GO FORWARD? THAT'S ALL I'M TRYING TO FIGURE OUT, I UNDERSTAND. LOOK, I UNDERSTAND IT'S A RISK, BUT I, YOU KNOW, THE, THE, THE BIGGER CONCERN RIGHT NOW IS OBVIOUSLY BEING ABLE TO START THIS INTERIOR WORK.

RIGHT. I DON'T. WELL, THAT'S WHY I ASKED YOU.

WOULD IT CHANGE IF WE END UP REDUCING YOUR YOUR IF WE DO.

I'M NOT SAYING WE WILL, BUT WE HAVE TO HEAR. THAT'S ALL I'M SAYING.

HOW DOES THAT GIVE YOU COMFORT IF WE'RE LITERALLY, AS WE WOULD SAY IN LAW DE NOVO REVIEW AGAIN.

YEAH. I MEAN, I SEE THE LOOK. I MEAN, WE'RE CONFIDENT THAT THE THAT THIS RESTAURANT AND THE OPERATIONAL PLAN THAT WE ARRIVED AT AND WE WILL COME BACK WITH IS CONSISTENT WITH THE NEIGHBORHOOD. SO BUT THE AND I UNDERSTAND BRIAN.

BRIAN RISK RIGHT. IT IS A RISK THAT THAT A FUTURE BOARD.

I MEAN, YEAH, BECAUSE I THINK IF YOU'RE WILLING TO TAKE THAT RISK, I THINK IT'S A REASONABLE SOLUTION. BECAUSE IF WE'RE GOING TO BE ABLE TO REVIEW A DE NOVO ALL OVER AGAIN, AND I'M JUST SAYING, YES, THAT'LL ALLOW YOU TO BEGIN YOUR CONSTRUCTION.

BUT IT DOES, YOU KNOW, AND AGAIN, I CAN'T I'M ONLY SPEAKING FOR MYSELF.

I DON'T KNOW WHAT THE BOARD WILL DO, BUT IT JUST CREATES RISK.

BUT IF YOU'RE WILLING TO DO THAT, I DON'T SEE A PROBLEM WITH THAT.

PERSONALLY, I'M I'M ON IN THE SAME POSITION YOU ARE.

I MEAN, THEY THEY'RE SAYING THEY WILL DO THAT.

CORRECT. SO IF THEY WANT TO TAKE THAT RISK I'D BE OKAY WITH THAT.

ME TOO. ALL RIGHT. I MEAN, MATTHEW, YOU'VE HEARD THAT.

I MEAN, TO ME, I'LL SAY THIS. ARE YOU GIVING IS APPROVING A CONDITIONAL USE PERMIT WITH THE SEAT COUNT AND OCCUPANCY TODAY, EVEN IF IT IS SUBJECT TO REVIEW IN THE FUTURE? IS THAT A VESTED RIGHT? NO, BECAUSE THEY'RE AGREEING TO A MODIFICATION HEARING.

I MEAN, I THINK THE ORDER WOULD NEED TO CLEARLY SAY THAT.

AND THAT'S WHAT DEBBIE HAD PROPOSED A FEW MINUTES AGO THAT THAT THE THAT THE MODIFICATION HEARING THE BOARD CAN DO A FINAL REVIEW OF THE OCCUPANCY, CORRECT. AND MAKE WHATEVER MODIFICATIONS DOESN'T GIVE THEM VESTED RIGHTS.

RIGHT. WE COULD SWITCH IT TO THEY'RE AGREEING THAT WE CAN LOOK AT IT AT DE NOVO, LIKE DEPENDING ON THE OPERATOR JUST SO THEY CAN START.

BUT TO ME, IT'S A RISK THEY'RE TAKING. BUT IF THEY WANT TO TAKE IT, THEN.

BUT I THINK THE OTHER QUESTION THAT WE HAVE HERE IS WHAT IS ACTUALLY STOPPING THEM FROM DOING THE FACADE RENOVATIONS THAT THOSE NICE RENDERINGS THAT WE ALL SAW? YEAH. DOES THAT REQUIRE A CONDITIONAL USE PERMIT, FOR EXAMPLE? I THINK THAT'S DRB, RIGHT? NO, THAT WOULD NOT THE EXTERIOR IMPROVEMENTS.

I BELIEVE YOU HAVE AN ACTIVE DRB APPLICATION.

SO ONCE THAT'S APPROVED THEY COULD THEY COULD SUBMIT AND OBTAIN A PERMIT.

SO THAT'S. SO IT'S STILL POSSIBLE TO DO THE RENOVATIONS TO ATTRACT ANOTHER OPERATOR.

THE THING IS THAT THEY WOULD LIKE TO HAVE AN INCREASE IN INTENSITY.

AND THAT IS WHAT THEY ARE COMING FOR TODAY. AND THAT IS THE OBJECTION IN THE NEIGHBORHOOD.

SIMPLE AS THAT. AND WHAT I'D SAY IS THAT, AGAIN, I THINK THE ONUS IS REALLY ON THE OWNER RIGHT NOW, MEANING THEY ARE ABOUT TO SPEND MILLIONS OF DOLLARS UNDERSTANDING THE RISKS THAT THEY'RE GOING TO DO IT AND THEY COME BACK AND, AND THE NEIGHBORHOODS AGAINST IT, OR WE'RE AGAINST IT, THEY'RE GOING TO HAVE TO REDUCE IT. THEY'RE GOING TO I MEAN, ULTIMATELY, THEY'RE THE ONES THAT ARE GOING TO BE HOLDING THE BAG, SO TO SPEAK. NO, I MEAN, I UNDERSTAND.

[01:45:04]

THERE'S ONE, IT'S NOT SUCCESSFUL. AND WE HAVE A VACANT STOREFRONT.

AND THEN THERE'S TWO THAT IT'S VERY SUCCESSFUL.

AND WE HAVE ALL THE IMPACTS OF A VERY SUCCESSFUL RESTAURANT THAT HAS NOW INCREASED IN SIZE BY 40%.

THAT VALET SPILL BACK THE NOISE AT NIGHT, THE EXTRA DELIVERIES, ALL THESE SORTS OF THINGS.

SO REALLY, YOU'RE KIND OF LIKE ON BOTH ENDS, YOU HAVE A POSSIBLE BAD OUTCOME.

AND I THINK THAT'S GENERALLY MEANING ANYTHING THAT WE LOOK AT, YOU KIND OF DEAL WITH THE SAME THING.

BUT BUT ULTIMATELY WE'RE TRYING TO FIND THAT BALANCE. LIKE BRIAN SAYS, I THINK ULTIMATELY SUCCESSFUL BUSINESS WHILE HOPEFULLY MAINTAINING AND PRESERVING THE QUALITY OF LIFE FOR THE RESIDENTS. I'M NOT LOOKING TO STOP THEIR INVESTMENT IN THEIR PROPERTY, JUST TO BE VERY CLEAR HERE, THEY'VE OPERATED SUCCESSFULLY.

FOGO DE CHAO FOR 18 YEARS. NO PROBLEMS. WHAT'S THE IMPACT? WHAT I SAY IS THAT RIGHT OFF THE BAT THEY AGREED TO.

I MEAN, TWO THINGS THAT WERE ALSO VERY IMPORTANT, YOU KNOW, SPECIAL EVENTS AND ALSO THE NO QUEUING, NO QUEUING ON THE EXTERIOR. SO RIGHT OFF THE BAT, I MEAN IT WAS A SUCCESS FOR THE RESIDENTS QUALITY OF LIFE.

UNDERSTOOD. BUT I THINK THAT YOU CAN'T LOSE FACT OF THE 40% INCREASE.

NO TOTALLY. WHAT I'M SAYING IS THAT I'M BIFURCATING RIGHT NOW.

THE APPLICANT AGREED TO TWO THINGS THAT WERE VERY IMPORTANT TO PRESERVING QUALITY OF LIFE FOR THE RESIDENTS.

RIGHT. THAT WAS THE NO EXTERIOR QUEUING AND NO SPECIAL EVENTS RIGHT OFF THE BAT.

IT'S A WIN. SEPARATE FROM THAT SEPARATE BUCKET, THEY'RE ABOUT TO INVEST MILLIONS OF DOLLARS, AND THEY ARE FACING THE RISK OF COMING BACK TO THE PLANNING BOARD AND THE PLANNING BOARD SAYING, HEY, YOU INVESTED MILLIONS OF DOLLARS TO HAVE YOUR WAS IT 500 SEAT COUNT? THAT'S TOO MUCH. IT DOESN'T WORK BECAUSE OF X, Y, AND Z. YOU GOT TO TAKE THAT DOWN TO 350, 400, WHATEVER IT IS, AND THEY'RE GOING TO HAVE TO LIVE WITH THAT. SO I MEAN, IF I MEAN, AT LEAST THAT'S SEEMINGLY I DON'T WANT TO PUT WORDS IN THE MOUTH, BUT IT SEEMS LIKE THAT'S THE CONSENSUS FROM THE BOARD. IT SEEMS LIKE THE APPLICANT IS OKAY WITH THAT RISK. JUST LIKE, JUST LIKE BRIAN ALWAYS SAYS WE'RE TRYING TO BALANCE IT OUT BETWEEN WHAT'S RIGHT FOR THE RESIDENT AND HOW TO HELP BUSINESS BE SUCCESSFUL.

I THINK ALL WE'RE TRYING TO APPROVE TODAY IS FOR THEM TO GET STARTED WITH A RENOVATION THAT MAY ATTRACT THEM, THE RIGHT TENANTS. AND SO WE RESERVE THE RIGHT TO, ONCE THEY HAVE AN OPERATOR, FOR US TO REVIEW IT AND THEN CONSIDER ALL THE IMPACT ON THE NEIGHBORHOOD. SO WE'RE ALLOWING A BUSINESS TO MOVE FORWARD WITH THEIR SUCCESS IN GETTING A TENANT. BUT WE'RE NOT WE'RE NOT DISMISSING WHAT YOU BROUGHT UP. I THINK WE'RE ALL CONCERNED TO NOT HAVING AN OPERATOR IN PLACE BEFORE WE APPROVE ALL THIS.

AND SO COULD COULD THE CONDITIONS BE RESTATED, IF I MAY? YES. IF I WERE TO MAKE A MOTION, I WOULD MAKE THE MOTION.

I WOULD MAKE A MOTION TO APPROVE WITH THE PROPOSED.

THE PROPOSED REVISED CONDITIONS OF. WAS IT FOUR L AND FOUR Q, AS SUGGESTED HERE, WHICH I ASSUME YOU'VE SEEN.

YES. OKAY. THAT'S FIRST OF ALL. SECOND OF ALL, I ALSO THIS IS MY PERSONAL OPINION.

I'M NO TRANSPORTATION EXPERT. I THINK THAT THE CURRENT VALET QUEUING SETUP IS INSUFFICIENT.

I'VE DRIVEN DOWN THOSE STREETS AND WHEN IT'S CROWDED, I MEAN, I THINK I THINK CURRENTLY THE PLANS CALL FOR WAS AT TWO SPOTS.

GRAHAM. THAT'S CORRECT. RIGHT. I THINK THAT THAT TWO SPACES THE EXTENT POSSIBLE THAT HAS TO BE INCREASED.

I MEAN, I'VE SEEN IT. I'VE DEALT WITH THE PICTURES THAT YOU'VE EXHIBITED.

AND I THINK THAT WHEN THEY COME BACK, IDEALLY THAT HAS TO BE CONSIDERED.

I UNDERSTAND WHAT WHAT THE STUDIES SHOW, BUT BASED ON MY EXPERIENCE, IT'S STILL NOT THE STEAK AND MILOS AND ALL THAT.

YOU HAVE SEVERAL VALETS, CORRECT. SO, I MEAN, AT LEAST IN MY OPINION, THAT HAS TO BE INCLUDED WHEN IT COMES BACK TO THE PLANNING BOARD.

YEAH. I MEAN, JUST NOT TO BELABOR THAT, BUT THE NUMBER OF SPACES THAT WE CAN USE ARE SUBJECT TO APPROVAL. THE PLANNING DEPARTMENT. SO THAT'S THERE. IT'S THE CITY'S ULTIMATE DECISION. I'D LOVE TO APPROVE MORE IF THAT'S OUR DECISION.

BUT THAT'S THAT'S MY EMOTION WITH THE ABILITY FOR A MODIFICATION HERE.

NO, ABSOLUTELY. AND THEN THERE HAS TO BE A MODIFICATION, I GUESS.

WHAT WOULD YOU WANT. ONCE THE OPERATOR IS IDENTIFIED.

SO DO YOU WANT TO TIE IT TO ONCE THE OPERATORS IDENTIFIED OR WOULD YOU WANT TO DO IT I GUESS PRIOR TO A BETA BEING ISSUED? WHAT'S WHAT'S THE BEST WAY TO DO THAT GIVES US ENOUGH ADVANCE NOTICE.

I MEAN, IT HAS TO BE PRIOR TO. I WOULD RECOMMEND THAT IT'S ONCE THEY HAVE SELECTED THE OPERATOR TO GET IT AS EARLY AS POSSIBLE, I THINK IS MOST BENEFICIAL TO THE NEIGHBORHOOD.

TREATED LIKE THE OPERATOR IS GOING TO BE HELD ACCOUNTABLE FOR EVERY ASPECT.

HE'S GOING TO HAVE TO DO THE NEW STUDY AND, AND EVERY ITEM IS TICKED AND RECHECKED FOR THE OPERATOR.

CORRECT. I THINK THEY'RE GOING TO NEED THE PLAN. THEY'RE GOING TO NEED THE CIRCULATION PLAN.

THEY'RE GOING TO HAVE TO TELL US HOW THEY'RE GOING TO OPERATE THIS THING. AND THE ONLY THING THAT I KNOW IS AN OPERATION IS TECHNICALLY THE OWNER CAN OPERATE IT AS THEMSELVES.

AND THEY WOULDN'T HAVE WE DON'T WANT THAT. SO I WOULD SAY THAT WE HAVE TO MAKE SURE THAT, YOU KNOW, WE KIND OF SOLVE FOR THAT. SO A ONCE AN OPERATOR IS IDENTIFIED, AND WE SHOULD ALSO SAY THAT THEY HAVE TO COME BACK TO

[01:50:04]

AND THEN WE HAVE ANOTHER CHANCE TO REVIEW IT, DISCUSS IT, AND HOPEFULLY EVERYONE IS HAPPY.

RIGHT. I GUESS YOU COULD TIE IT TO THE LATEST BTR ISSUANCE, BECAUSE THAT MEANS THAT THAT WOULD NOT ALLOW ANYONE TO OPERATE AS A RESTAURANT.

RIGHT. SO THAT'S WHY. CAN WE SWAP BTR FOR A CERTIFICATE OF USE BECAUSE.

OKAY. YEAH. TIED TO THE BTR. I'D LIKE TO KNOW.

SO THAT'S THE MOTION. YEAH. I JUST WANT TO BE SURE THAT WHEN THEY DO COME BACK THAT EVERYTHING IN THE CUP IS ON THE TABLE.

WE CAN LOOK AT EVERYTHING. RIGHT. ARE YOU OKAY WITH THIS.

I MEAN, ARE YOU I MEAN, OBVIOUSLY THIS IS NOT A TRICK QUESTION.

THERE'S NO REASON YOU SHOULDN'T BE. BUT IS IT WORKING? IS IT WORKING FOR EVERYTHING? THAT'S I THINK IT ADDRESSES IT.

IF BASICALLY YOU'RE REOPENING IT TO THE WHOLE ENTIRE CUP PROCESS, RIGHT? YEAH. WHEN YOU HAVE AN OPERATOR SELECTED AND IT KIND OF ASKS, WHY ARE WE DOING THIS NOW? THAT'S, THAT'S SO THEY CAN TAKE BECAUSE THEY WANT TO TAKE THE RISK OF STARTING THEIR PROJECT TO ATTRACT.

IT BECOMES THE CHICKEN AND THE EGG PROBLEM. YOU GO, HEY, WE HAVE THIS BEAUTIFUL BUILDING WE INVESTED. LISTEN, WE'RE ALL HOLD ON, HOLD ON. THAT'S NOT ALL HEARING ON THE RECORD.

WHAT'S DISCUSSED, THAT'S A RISK. SO TO ANSWER YOUR QUESTION, BRIAN, YES, I, I AGREE.

AND IF THAT HOLD HARMLESS IS ALSO INCLUDED IN THIS, I THINK, YOU KNOW, COMBINED, I THINK IT DOES PROVIDE THAT PROTECTION THAT I CAME HERE FOR, FOR MY FAMILY, BUT ALSO THE NEIGHBORS THAT AREN'T HERE THAT AREN'T AWARE OF THIS AS WELL.

I KNOW A LOT OF PEOPLE IN YOUR BUILDING, ACTUALLY.

AND, AND I DON'T, I DON'T THINK I'VE HEARD ANYBODY SAY THEY'VE HAD ANY ISSUES.

I JUST WANT TO SHOW THERE'S A LITTLE FUNNY THING.

THIS IS JUST A A SLIVER OF SOME OF THE MAILERS THAT I GOT IN MY MAILBOX.

HOWEVER, ABOUT WHAT. UNFORTUNATELY, WE HAVE NO JURISDICTION OVER.

NO, NO. BUT IF I CAN FIND THIS. YEAH. US MAIL.

I WANTED I WANTED TO FIND A LITTLE NOTICE THAT I GOT FROM THE CITY, AND I CAN'T EVEN FIND IT.

IT'S IN HERE SOMEWHERE. THE POINT IS THAT THAT LITTLE NOTICE THAT YOU GOT FROM THE CITY WAS PROBABLY LOST UPON ALL THE NEIGHBORS.

WHAT DO YOU MEAN? THE CITY NEEDS TO JAZZ UP THEIR NOTICES BY MAKING THEM NICE AND COLORFUL, LIKE THE ELECTION. MATTHEW. UNFORTUNATELY, BUDGET CUTS WE CAN'T PRINT IT IN AMENDMENT THREE IS GOING TO MAKE.

WE CAN'T PRINT IT. BUT WE CAN BANTER ALONG. CAN WE HAVE A MOTION? CAN WE GET A SECOND ON THAT MOTION? I'LL SECOND IT.

KEITH. SECONDED. ALL RIGHT. ROLL CALL PLEASE.

SO CAN WE JUST LET ME JUST REITERATE THE MOTION.

THE CONDITION WHICH WOULD BE THE FIRST CONDITION WHICH WOULD REQUIRE.

ONCE IT WOULD REQUIRE A MODIFICATION. THE. THE SELECTION OF AN OPERATOR REQUIRES A MODIFICATION OF.

THIS CONDITIONAL USE PERMIT AND SUCH MODIFICATION SHALL BE SUBJECT TO FURTHER REVIEW OF OTHER OCCUPANCY. HOURS OF OPERATION. NUMBER OF SEATS TRANSPORTATION INCLUDING VALET AND QUEUING, AND ALSO TIE IT TO THE CERTIFICATE OF USE.

AND THAT SHALL BE PRIOR TO PRIOR. AND THE MODIFICATION SHALL BE SUBMITTED AND APPROVED BY THE PLANNING BOARD PRIOR TO THE ISSUANCE OF A CERTIFICATE OF USE. YEAH. AND THIS WHAT WE WOULD NORMALLY DO WITH AN OPERATOR, THE APPLICANT, WE GET TO REVIEW THE OPERATOR THEMSELVES, THEIR TRACK RECORD, HOW THEY HANDLE THEMSELVES, IF THEY'VE HAD OTHER OPERATIONS SO THAT WE CAN NOT GET SOMETHING NICE AND NOT A HOOTERS.

CORRECT. AND THAT WILL BE PART OF THE APPLICATION FOR THE MODIFICATION.

THEY WILL BE REQUIRED TO SUBMIT ALL OF THE DETAIL ABOUT THE THE PROPOSED OPERATOR.

YEAH. WE GET TO REVIEW THE. YES. ALL RIGHT. ROLL CALL.

GRAHAM. GRAHAM'S FACE MAKES ME LAUGH WHEN HE. WHEN HE'S. WHEN HE'S NOT ALL THE LITTLE TIGHT LIPPED, THE TIGHT LIPPED. LOOK. CAN WE GET A PHOTO OF YOU GUYS SHAKING HANDS OR.

HOW DOES THAT WORK? I TOLD YOU, I TOLD MATTHEW HE WON.

CONGRATULATIONS. I THINK YOU GUYS WON. HE SAYS, YOU KNOW, IT'S A IT'S A FAIR COMPROMISE.

TRUTH IS, THIS IS A WONDERFUL OUTCOME. HOLD ON, EVERYBODY, PLEASE DO A ROLL CALL, PLEASE.

OKAY. MR. NEEDLEMAN? YES, MR. MARKS. YES, MISS LITTON, AS AMENDED.

YES. MR.. FRIEDMAN. YES. MR.. CEMENT. YES. MISS BEATY.

YES. MR.. ELIAS. YES. ALL RIGHT. SO WE'RE GOING TO END THE MEETING, AND NOW YOU GUYS CAN BANTER ALL YOU WANT. YEAH.

* This transcript was compiled from uncorrected Closed Captioning.