Zoning Board Sets Conditions for Arby's Application Approval

The Hempstead Town Zoning Board granted the Arby's application subject to the following conditions:

1. The door situated on the rear (south side) of the Arby's building shall not be used for deliveries of any kind.

2. No deliveries to the subject premises shall occur before 7 a.m.

3. The hours of operation for the restaurant and drive-thru shall be as follows: Restaurant: 6 a.m. to 10 p.m. Drive-thru: Sunday though Wednesday – 6 a.m. to 11 p.m. Thursday through Saturday – 6 a.m. to midnight;

4. The premises shall be landscaped and professionally irrigated in accordance with the landscaping depicted on the site plan prepared by Rosenbaum Design Group, originally dated Sept. 25, 2009, last revised Jan. 20, 2010. Said landscaping and plantings shall be maintained in a good condition at all times and any dead or
dying plants shall be promptly replaced subject only to planting season;

5. All lighting installed on the subject premises shall be so designed and constructed so as to emanate light only onto the subject premises and to shield light and glare from spilling onto adjacent residential properties.

6. The premises shall be maintained in a neat and clean condition at all times, free from litter and debris.

7. The entire parking, driveway and stacking area shall be blacktopped/paved and installed in accordance with requirements and specifications of the Engineering Department of the Town of Hempstead and maintained in good condition.

8. Traffic flow in the drive-thru shall be maintained in such a fashion that vehicles in the stacking lane shall not back up into the parking area.

9. The parking area driveways shall be maintained open and clear to permit free access from the abutting public highway to the parking area and stacking lane, with no interference from vehicle back-up from the stacking lane or drive-thru facility.

10. The subject drive-thru facility shall be so maintained as to allow vehicles to readily enter and exit the subject site, with no straddling of the abutting sidewalk by vehicles or backing up of vehicles onto the abutting public street, whereby traffic flow thereon would be interfered with.

11. There shall be no loudspeaker system used for the ordering of food and communications in connection therewith. Any ordering or communication system shall maintain a volume sufficiently low whereby sound there from shall not be heard beyond the property lines.

12. Parking stall #19 shown on applicant's amended site plan shall be removed and replaced with landscaping. A further amended site plan shall be submitted showing
this change only.