Better Babylon Party

Public Hearing June 27, 2017

A work session was held by the Board of Trustees of the Village of Babylon on Tuesday, June 20, 2017.  On the motion of Trustee Muldowney, seconded by Trustee Davida and unanimously carried, the meeting opened at 4:05 p.m.  On the motion of Trustee Muldowney, seconded by Trustee Basile and unanimously carried, the meeting adjourned at 5:00 p.m.

PUBLIC HEARING WAS HELD IN THE BOARDROOM 153 WEST MAIN STREET, BABYLON, NEW YORK ON TUESDAY,

JUNE 27, 2017

PRESENT:    

Mayor Ralph Scordino

Trustee Kevin Muldowney

Trustee Basile

Trustee Tony Davida

Trustee Mary Adams

Attorney Joel Sikowitz

Meeting opened at 7:00 p.m.

The Pledge of Allegiance was led by Trustee Adams.

The Village Clerk read the Legal Notice:

NOTICE IS HEREBY GIVEN that the Board of Trustees of the Village of Babylon will hold a Public Hearing at 153 West Main Street, on Tuesday, June 27, 2017, at 7:00 p.m. or as soon thereafter as can be heard to consider the application of Laura Duncan and Daneen Colombo, Principals of LDDC, Inc., to open Super Bowls Acai Bowls & Smoothies, at 21 Cooper Street, formerly Subway Sandwich shop.

Copy of application and plans may be examined at the office of the Village Clerk, between the hours of 10am and 4pm Monday through Friday.

All interested persons should appear at the above time and place and they will be given the opportunity to be heard.  All applicants and their duly appointed representatives must appear in person at the above hearing.

Applicants:      Laura Duncan & Daneen Colombo 

              LDDC Inc.                 

  21 Esplanade Dr.                                           

  East Patchogue, NY  11772             

Property:         [Section 011 / Block 02 / Lot 021]

  Super Bowls Acai Bowls & Smoothies

  (formerly Subway Sandwich Shop)

  21 Cooper St.     [233 E. Main St.]

  Babylon, NY  11702

Laura Duncan & Daneen Colombo approached the Board and explained the acai bowl and smoothie franchise business, Super Bowls, that they would like to open at 21 Cooper Street.  [There are currently two other franchise locations in Sayville & Patchogue.] The acai bowls and smoothies are basically made from frozen fruit; they are non-dairy and gluten-free. Everything is served with disposable containers, utensils, etc. Since there is no cooking involved, there are no stoves.  There would be a maximum of 16 seats with 8 tables.  There would be no music, dancing, etc.; this is a “cash & carry” type of business, with strictly counter service (no ‘self-service’).  The hours would be from 7:00 a.m. to 8:00 p.m.  It would be owner-operated at all times, with 5 employees in staggered shifts.

The Board clarified that they would be responsible for monitoring the dumpster, which should be adequate, since it was for Subway, and that all permanent signage needed the approval of the Architectural Review Board.

The meeting was opened to the public;

Those who spoke in favor of this application:

Brooke Jankow, 19 Sumpwams Place, Babylon, NY 11702

No one spoke against this application.

On the motion of Trustee Muldowney, seconded by Trustee Basile and unanimously carried, it was

RESOLVED to reserve decision.

            _________________________________________________________

The Village Clerk read the Legal Notice:

NOTICE IS HEREBY GIVEN: that the Board of Trustees of the Village of Babylon will hold a Public Hearing on Tuesday, June 27, 2017, at 7:00 p.m. or as soon thereafter as can be heard, to consider the application of Brooke Jankow, Principal of Brooke and Steven Restaurants, Inc., regarding changes to the restaurant, Swell Taco, located at 135 Deer Park Ave., Suite 2, Babylon, NY.

Copy of application and plans may be examined at the office of the Village Clerk, between the hours of 10am and 4 pm Monday through Friday.

All interested persons should appear at the above time and place and they will be given the opportunity to be heard.  All applicants and their duly appointed representatives must appear in person at the above hearing.

Applicant:        Brooke Jankow

                          Brooke & Steven Restaurants, Inc.

              19 Sumpwams Place              

  Babylon, NY  11702                          

Property:         [Section 010 / Block 04 / Lot 004]

  Swell Taco

  135 Deer Park Ave., Suite 2

  Babylon, NY  11702

Brooke Jankow approached the Board to explain that she had permission for the patio “awning” outside Swell Taco; she claims that it was an oversight on her part that the awning was not the same as the outside extension that was actually built. 

Swell Taco has been serving people at the ‘outdoor’ tables for approximately one year; she stated that there are 50 seats in total.  According to Brooke, there is room for 20 additional seats outside and she is requesting permission for at least 20 seats outside. 

Music is played from an I-pod / Pandora at a volume that Brooke believes does not disturb the nearby apartment dwellers, as there are no apartments directly above her restaurant, only over the front portion of the building.

Margaritas, sangria, wine and beer are served from the indoor bar;  there is no counter service for the outdoor area.

Although the hours indicate that they close at 10:00p.m, people who put their names on the waiting list by 10:00p.m. will be seated, which means the restaurant may not actually stop serving until much later.

The Board responded to Brooke that she did indeed receive several notices of non-compliance, and expressed many concerns over this unpermitted expansion as well as the fact that she is not adhering to the signed Covenants and Restrictions.

The building permit applied for and issued was for an awning, not the actual enclosure that was built. This enclosure was built without a proper Building permit and without presenting to the Village the approval from the Electrical Underwriters, proof of fire safety / fire sprinklers, and approval from the Suffolk County Sewer District for the Grease trap.

The Board expressed concerns over the need to re-apply to the State Liquor Authority for the outdoor liquor service, the discrepancy in the actual seating with what was previously approved, the actual volume of music that is being played, and hours extending well past those permitted.

In addition, the Board clarified that Brooke needs to notify the Board in advance of any special events [such as the fundraiser being advertised with a movie in the parking lot], as this requires special Board approval and specific additional insurance certificates to be provided.

The Board indicated that there are too many items that need to be brought into compliance before they could consider granting approval of this application.

The meeting was opened to the public:

Those who spoke in favor of this application:

Bob Grover, 283 George St., West Islip, NY  (Business owner and former Village resident)

No one spoke against this application.

On the Motion of Trustee Muldowney, seconded by Trustee Basile and unanimously carried, it was

RESOLVED to reserve decision.

            _________________________________________________________

The Village Clerk read the Legal Notice:

PLEASE TAKE NOTICE that a Public Hearing will be held at the Municipal Building, 153 West Main Street, Babylon, NY, on Tuesday, June 27, 2017, at 7:00 p.m., or as soon thereafter as can be heard to consider the adoption of Local Law #6 of the year 2017, to amend Chapter 343, Article XII, Section 82 pertaining to fees for Violations.

Complete text of the above Local Law is available in the office of the Village Clerk.

All interested persons should appear at the above time and place, and they will be given an opportunity to be heard.

Proposed Local Law #6 of 2017   –   amending Chapter 343 Article XII, Section 82,

    pertaining to fees for Violations

Attorney Sikowitz explained that the purpose of this law was to give more power to the Court; this is an instrument that will be helpful in the implementation of fines, particularly regarding vehicles abandoned on Village Property. Attorney Sikowitz stressed the importance of adopting this local law.

The meeting was opened to the Public; no one addressed the Board.

On the Motion of Trustee Muldowney, seconded by Trustee Basile and unanimously carried, it was

RESOLVED to reserve decision.

_________________________________________________________

The Village Clerk read the Legal Notice:

PLEASE TAKE NOTICE that a Public Hearing will be held at the Municipal Building, 153 West Main Street, Babylon, NY, on Tuesday, June 27, 2017, at 7:00 p.m., or as soon thereafter as can be heard to consider the adoption of Local Law #7 of the year 2017, pertaining to Senior Citizen Exemptions.

Complete text of the above Local Law is available in the office of the Village Clerk.

All interested persons should appear at the above time and place, and they will be given an opportunity to be heard.

Proposed Local Law 7 of 2017    –    Amending Chapter 321, Article II,

   adding Section 321-26, pertaining to late filing of applications for Senior Citizen Exemptions

Attorney Sikowitz urged the adoption of this Local Law which would make Village Code consistent with State Law.  This Local Law would allow the Village to consider granting a Senior Citizen Exemption when an application has been filed after the filing deadline but no later than the last day to pay taxes before penalties are imposed. [Certain restrictions and filing requirements apply, and applications must be submitted with proof of accepted hardship situations that prevented timely filing.]

The meeting was opened to the Public; no one addressed the Board.

On the Motion of Trustee Muldowney, seconded by Trustee Basile and unanimously carried, it was

RESOLVED to reserve decision.

Meeting adjourned 7:51 p.m.

______________________    

Village Clerk

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