Better Babylon Party

Public Hearing August 13, 2019; Local Law 6- Chpt. 93 Bicycles; OG Ramen, 14-A Railroad Ave.; Bartini, 124 North Carll Ave.

A work session was held by the Board of Trustees of the Village of Babylon on Tuesday, July 31, 2019. On the motion of Trustee Muldowney, seconded by Trustee Davida and unanimously carried, the meeting opened at 3:57 p.m.  On the motion of Trustee Davida, seconded by Trustee Silvestri and unanimously carried, the meeting adjourned at 4:57 p.m.

PUBLIC HEARING WAS HELD IN THE BOARD ROOM,

153 WEST MAIN STREET, BABYLON, NEW YORK,

ON TUESDAY,

AUGUST 13, 2019

PRESENT:

Mayor Ralph Scordino

Trustee Kevin Muldowney

Trustee Tony Davida

Trustee Mary Adams

Trustee Robyn Silvestri

Attorney Gerard Glass

The meeting opened at 6:57 p.m.

The Pledge of Allegiance was led by Trustee Muldowney.

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, August 13th, 2019, at 7:00 p.m., or as soon thereafter as can be heard to consider the adoption of proposed

Local Law #6 of the year 2019

to create Chapter 93 of Village Code pertaining to Bicycles.

Complete text of the above Local Law is available in the office of the Village Clerk, on the Village website: www.villageofbabylonny.gov, or can be requested by calling the Village Clerk’s Office at (631) 669-1500.

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

Attorney Gerard Glass explained that this Local Law was requested by the Board to address the increasing frequency of complaints concerning reckless operation of bicycles in the Village of Babylon.  Complaints have been filed regarding bike ride-outs involving large groups of youths disregarding their own safety and the safety of others.  These bicycle groups are swerving into traffic, rushing people, knocking them down, encircling them, playing chicken with oncoming traffic, etc.  This is being brought to the forefront to encourage discussion between parents and children. 

There has to be some substance to make the reckless operation of a bicycle a violation of Village Code; the consequences of violating this code include impounding the bicycle, fines, and possibly jail time.  The message here is one of education and discussion between parents and children. 

This proposed local law has been vetted through the Suffolk County Police Precinct.  It is a great starting place and can be improved upon.  It is cutting edge in that it will permit the impounding of bikes.  Nassau County Legislature used our law as a model, and other municipalities have expressed interest in obtaining a copy of our law.

The Board agreed that this is a good starting point and may need to be modified and improved going forward, but for now this needs to be in our code as soon as possible for the safety of our residents, children, and guests to the Village.  The purpose for this legislation is to spur conversation between parents and children so everyone understands that there are consequences for this kind of behavior.  The Board thanked Attorney Glass for preparing this local law.

The meeting was opened to the public; those who spoke in opposition to this local law:

-          Irma Solis, J.D., Suffolk County Chapter Director

                                       NYCLU / ACLU of New York

                                       225 Eastview Drive, PA221, Central Islip, NY  11722

-          Lisa M. LaCorte, 52 Railroad Avenue, Copiague, NY  11726

-          Christopher Schaffer, 359 Park Avenue, Babylon, NY

Those who spoke in favor of this local law:

-          Laura Schroeder, 349 Hunter Avenue, West Islip, NY

-          Danny King, 158 Ralph Avenue, Babylon, NY

-          Paul Doran, 221 Cedar Lane, Babylon, NY

-          Jack Wiczynski, 161 Cedar Lane, Babylon, NY

On the motion of Trustee Muldowney, seconded by Trustee Silvestri 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 at 153 West Main Street, on Tuesday, August 13, 2019, at 7:00 p.m. or as soon thereafter as can be heard, to consider the application of Frank Bono, Principal of OG Ramen, to open a ramen noodle restaurant at 14A Railroad Avenue.

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.

Applicant:                                                       Property:

Frank Bono                                                     OG Ramen     

715 S Country Road                                       14-A Railroad Avenue

Bay Shore, NY  11706                                    Babylon, NY  11702

                                                                        [Section 010 / Block 01 / Lots 017 & 019]

Frank Bono, applicant and proprietor of Primi Steak House, along with his brother, Sal, would like to open a Ramen Noodle Restaurant at 14-A Railroad Avenue, the former location of Metro PCS.  OG Ramen will be both take-out and dine-in, with a maximum of eighteen (18) seats. Mr. Bono plans on applying to the State Liquor Authority to serve beer, sake, and wine for dine-in service only, not to be sold for take-out; Mr. Bono assured the Board that this would be closely monitored. Coffee and prepackaged lunches will also be offered for commuters.  He reiterated that this will be primarily take-out, and he is excited for the High School business.  He intends to offer student specials rewarding good grades. There will be low-volume background music only, no live music.  Sanitation pick-up for the shared dumpster is once a week and additional pick-ups will be scheduled as necessary.

Although his application indicated the hours of operation as: Sunday through Thursday, 11:30 AM to 9:00 PM, Friday and Saturday 11:30 AM to 10:00 PM, after meeting with the Planning Board it was decided that OG Ramen would stay open until 10:00 PM Sunday through Thursday and 11:00 PM Friday and Saturday.

The Board emphasized that parking is extremely vital to businesses in this area and that employees should not park in front of the building.  Employee parking can be obtained through the Chamber of Commerce.  The Board further stressed that NO alcoholic beverages are to leave the restaurant.  Changes to the building façade need the approval of the Architectural Review Board.  The Board is enthusiastic for young entrepreneurs to open businesses in the Village and anticipate that this business will help revitalize this area.

The meeting was opened to the public; those who spoke in opposition to this application:

-          Lois Gross, 1 Hiawatha Road, Babylon, NY

No one spoke in favor of this application.

On the motion of Trustee Muldowney, seconded by Trustee Silvestri 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 at 153 West Main Street, on Tuesday, August 13, 2019, at 7:00 p.m. or as soon thereafter as can be heard, to consider the application of Margaret Drew, President of MADD Bartini, Inc., to amend the current Covenants & Restrictions for Bartini, 124 North Carll Avenue, to allow for scheduled nightly entertainment and expanded hours.

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.

Applicant:                               Representative:                       Property:

Margaret Drew                       Richard Burke, Atty.              Bartini

MADD Bartini, Inc.                                                                124 North Carll Avenue

951 Gardiners Drive                                                               Babylon, NY  11702

Bay Shore, NY  11706                                                            [Section 009 / Block 01 / Lot 032]

Attorney Richard Burke addressed the Board representing the owners of Bartini.  He explained that this is a small bar, with no kitchen and no table service.  Bartini has operated for many years with acoustic and electric performers. The average age of clientele is 40 + years. Mr. Burke stated that in the years his clients have owned or operated Bartini, there have been no complaints or disturbances.  The Drews are seeking an amendment to the current covenants and restrictions to expand the nights and hours of operation. They are requesting an opening hour of 10:00 AM seven days a week and live entertainment / music seven nights. They are also requesting permission for an awning over the rear deck and a privacy fence on the rear property line.  Due to financial demands, they feel adding more entertainment will help to fill the bar.

Margaret and David Drew stated that there is a demand in the musical community to perform at Bartini. While there are pool leagues and dart leagues in the fall and winter months, they would like to add events five to seven nights per week.  They do hold several charity events benefitting local Long Island Charities, such as Veteran’s organizations, Children’s Cancer organizations, etc.

There are 15 seats at the bar and 2 café tables with chairs in the back area. There is no bar on the outside deck and there is no dumpster. The owners remove the garbage themselves. The owners encourage smokers to do so on the back deck, not on the narrow sidewalk in front of the building.

The Board questioned the need to open at 10:00 AM; they asked for clarification regarding the seating inside the bar, the performance area, and the variety of performance types.  They also expressed concern over patrons lingering and smoking on the sidewalk in front of the bar while the bar is open.

The meeting was opened to the public; no one spoke for or against this application.

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

RESOLVED to reserve decision.

Meeting adjourned at 8:05 p.m.

________________________________

Village Clerk

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