Public hearing protocol, change of use applications and more discussed

The Warwick Village Planning Board, during their Oct. 14 meeting, granted conditional approval to Noble Pies request for a change of use for their new location at 12 Oakland Ave. Prior to the pie shop moving in, the building was used as a real estate office.

During the review, owner Leslie Noble, along with her husband and business partner, Tom Herman, explained that their main business is selling whole pies, which are baked at their facility in Greenwood Lake, as well as warmed slices and coffee. They said that while they have 24 seats available for customers, they usually have about 12 to 18 people present at a time. Noble added her intention was for their space to function as a place for people to come and do homework, read a book and other quiet leisure activities, rather than turning tables over quickly.

Following a public hearing where residents’ concerns about traffic and the services provided, the Planning Board granted conditional approval for Ilysa Memmer’s application for the conversion of an existing single-family residence at 36 Colonial Ave. into a professional counseling center. The addition of extra spaces will accommodate staff and clients. In response to a question from the public, Memmer - who is a licensed clinical social worker - said her practice is not an outpatient facility and would not be servicing drug addicts. She also said that she and the other two therapists in her practice work different days, which would limit the number of people coming in and out of the property at a time.

Planning Board Member Scot Brown shared that he was uncomfortable with the applicant being questioned about the clients being served and that public hearings are not meant to be a back-and-forth with the applicant.

Planning Board attorney Elizabeth Cassidy said at public hearings for larger projects, she does try to minimize the discussion, but opted not to step in in this case, as she felt the public hearing stayed friendly. She added that on bigger projects, the applicant takes the questions and goes back to their consultants for review and prepare a written response. For smaller projects, questions can be answered verbally at the meeting.

During the meeting, the board accepted a change of use waiver application for the conversion of a seamstress office into medical spa, where Botox would be administered by a single, licensed provider. Applicant Dana Fody explained that she is a board-certified nurse practitioner working out of New Jersey and that overseeing the medispa would be an extra part-time position, adding that she likes providing Botox procedures and making people happy.

When reviewing the application, the board discussed whether this service would be permitted under the village code. Cassidy explained that zoning regulations do not permit spas in that zoning district, however, the proposed business doesn’t fit with the code’s definition. The board agreed that it qualified as a personal service, which includes establishments providing services involving a person or person’s apparel.

Cassidy also shared that she and Mayor Michael Newhard discussed ways to facilitate simple change of use applications. She said she recommended improving definitions to make them clearer to potential applicants. She gave the example of another municipality where the difference between an eating-and-drinking establishment and a restaurant was unclear and shared how she recommended the municipality work on making its established definitions more consistent before making any changes.