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Special Council as <br />Board of Appeals Meeting <br />10/4/93 . <br />I'age Two Mr. Amendola said that is correct. Mr. Ferrante asked if the other (D.O. Summers) <br />buildings are insulated. <br />Mr. Goldberg said they have several other gas stations and none of them are insulated. <br />Mr. Amendola said the Architectural Review Board saw nothing wrong with allowing <br />them to operate the business in the building as it is. <br />Mr. Flynn said he does not like to see variances given lightly. <br />Mr. Diemert said when he talked about this with Gus and the Mayor, the <br />Administration could have handled this from the sense that it was a non-confirming <br />building. He has been to court in other towns where Council has adopted legislation <br />and they can't enforce them retroactively to already-constructed buildings. We felt <br />rather than let them go ahead, we wanted Council's input on this. Mr. Diemert said Gus <br />ciid not want to grant this lightly either; that is why we made them come to Council to <br />explain the reasons before it was just allowed. - <br />Mayor Rinker said by making it conditional we are spelling it out that it is specifically -, <br />for this operation. When someone comes along, they buy into it with knowledge that <br />they will be facing the need to insulate. <br />Mr. Ferrante said he would like to see that before he votes on it. <br />Mr. Diemert explained it goes in the minutes, then it becomes a part of the occupancy <br />permit. It is not something to sign. It just means that before another occupancy permit <br />can be granted, this one has to be complied with. <br />Mr. Fixler said there is another aspect to look at w{ith drycleaning. Because of the <br />chemicals they use, he would be concerned if Council enforced the ordinance in this <br />case; there are always vapors that escape. The fibrous material used in insulation <br />accumulates over the years; he thinks it might be a situation where the air the <br />employees are breathing might be contaminated. He thinks since it is a specialized use, <br />they are better off without it. <br />Mr. Diemert stated the wording for the variance as follows: This would be a variance <br />allowing the applicant to be exempt from the requirement for further insulation on the <br />subject building with the condition that prior to any change in use that it be insulated <br />according to our code.