Case #1SP 2021 - 1043 West Boston Post Road (Section 9, Block 56, Lot 4B) Located in the C-1 Zoning District.

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The applicant, Chop't Creative Salad Company LLC, intends to use a former bank site as a restaurant with a drive-thru window and seeks an interpretation of whether a Use Variance is required to retain the existing bank drive-thru window. If it is determined that a Use Variance is not required, the applicant will seek a Special Use Permit to operate a restaurant at a former bank building, and. Zoning Board of Appeals Special Use Permit approval is required. SEQRA Classification: Regarding the Special Use Permit, this action is classified as a "Type II" action per 617.5(c)(18) and the interpretation of the drive-thru is Type II per 617.5(c)(37). However, should the Zoning Board of Appeals determine that a Use Variance is required to operate the drive-thru window, the seeking of a Use Variance would be an Unlisted Action under SEQRA requiring further review. As such, the SEQRA classification of the Special Permit and Use Variance for the drive-thru is withheld pending the interpretation by the ZBA.