asked if the MUA gave them preliminary approval already. Mr. Macfarlane was not sure if they heard back yet, but they did submit the application.
Mr. Heller asked what remedies a neighbor has if there is work happening on Sundays when they testified they are not open on Sundays. Dr. Campbell said to contact Code Enforcement. Mr. Shea stated that the restriction is built into the resolution. That resolution then becomes part of the file that the Zoning Officer and Code Enforcement Officers have in their office. If anything transpires and Code or Zoning catches wind of it, they go into the file and they pull whatever approvals are associated with that lot. They then conduct an investigation or do a site inspection to see if there are any violations. They base it off of whatever is in the resolutions or approval documents that go into their files. If they are in violation of it they get a notice of violation or a cease and desist. Dr. Campbell said that the Board does not know what the previously approved hours of operation were. She asked when would that approval for these hours take place. Is it as of tonight? Mr. Shea replied no, it would be when they get the new zoning permit for the new use and that is after the resolution compliance period. Whatever standards they are currently working off of is existing at the time and when they go and get building permits for the new building, once they are past the resolution compliance phase and they have got their zoning permit, that is when this new resolution kicks into gear because that is when the approval goes into effect. Essentially, once the zoning permit gets issued and then they walk the zoning permit over to the Building Department to get the building permits, then they can start construction on the new site. And the new tenants would be obligated to comport with the restrictions of the resolution. Whatever the prior approval was is what the governing standard is for right now. We do not know that because that is not part of the application. In every resolution and pursuant to the Municipal Land Use Law, they have to obtain every outside agency approval prior to being issued a zoning permit. So they cannot even get the building permit unless they get the zoning permit. They cannot get the zoning permit unless every outside agency is imported with. If one of the outside agencies shoots them down, then that triggers a mechanism whereby the applicant has got to come back before the Board.
Mr. Bressi asked if the applicant has heard from the Environmental Commission on this. Mr. Macfarlane has not received any comments back. Mr. Bressi asked if they would stipulate that if they get a letter back from the Environmental Commission, which just recommends, they cannot approve or disapprove, and they have a problem the applicant cannot satisfy, the applicant would come back to the Board to address it. Mr. Macfarlane replied yes.
Mr. Pfeffer believes they have put together a very nice application. Along with the Board's comments and stipulations it is going to improve the site. Over the years the property has been through many different owners and that is where some of the issues came from. He believes that once this application gets finished up, gets approved, gets through resolution compliance and gets built, it will alleviate some of those concerns and it will be a much better improvement for that whole area. Mr. Pfeffer asked the Board to vote in favor of the application.
Mr. Sullivan made a motion, seconded by Mr. Bressi, to approve this application with the required C1 and C2 variances along with the stipulations that they have agreed to. A roll call vote was taken. Voted yes: Mr. Bressi, Ms. DeMarzo, Mr. Heller, Mr. Parkes, Mr. Rogers, Mr. Sullivan and Dr. Campbell.