January 30, 2026

What is taking place? RODA 18 Rest Corp. d/b/a Don Giovanni and of Marilyn 18 Rest Inc d/b/a Don Giovanni have applied for a variance from section 24-149.5 of the Administrative Code, which requires an emission control device for cook stoves that use solid fuel for the preparation of food for on-site consumption or retail purchase. The following summary does not substitute for the contents of the full application (petition). The applications include lab reports that show, based upon the amount of solid fuel that is used, that even without an emission control device, the establishments’ emissions do not exceed the 10 µg/m³ upper limit for particulate matter.

A copy of this petition is posted in the “News” section on the DEP website.

DEP has received an objection to the approval of the variance petition. When there is an objection to a variance petition, section 24-110 of the Administrative Code requires DEP to hold a public hearing.

When and where is the hearing? DEP will hold a remote hearing on the variance petition. The hearing will take place at 11:00 am-12:00 pm on February 25, 2026. To participate in the hearing by using Microsoft Teams, please follow these instructions:

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Meeting ID: 239 450 379 051 14
Passcode: Qf6BZ3HQ

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+1 347-921-5612,,807897249# United States, New York City
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Phone Conference ID: 807 897 249#

How can you comment on the variance petition? Anyone can comment on the variance petition, either in support of or in opposition to the granting of the variance.

• Email. You can submit written comments using this form. The deadline to submit written comments is 5pm on the day of the public hearing.
• By speaking at the hearing. You can speak for up to five minutes at the hearing.

Note: The hearing will be recorded. You may request copies of any written comments or a copy of the hearing recording by making a request under the Freedom of Information Law (FOIL).