Public Hearing January 9, 2018; N'Joy Restaurant, 96 E Main St.




JANUARY 9, 2018


Mayor Ralph Scordino

Trustee Kevin Muldowney

Trustee Debbie Basile

Trustee Tony Davida

Trustee Mary Adams

Attorney Joel Sikowitz

The meeting opened at 7:02 p.m.

The Pledge of Allegiance was led by Trustee Muldowney.

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, January 9, 2018, at 7:00 p.m. or as soon thereafter as can be heard to consider the application of Ou Shan Lin of Flushing, NY, to open N’Joy, an Asian-fusion restaurant at 96 East Main St., the former location of Tokyo.

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:       Mr. Shan                                 Property:         N’Joy Restaurant

                           146-06 61st Rd.                                               96 East Main Street

                           Flushing, NY 11367                                        Babylon, NY  11702

                                                                                                      [Section 014 / Block 02 / Lot 012]

Mr. Shan approached the Board and attempted to answer questions; however, there was much difficulty communicating because Mr. Shan’s representative was not present to interpret.

Attorney Sikowitz explained that although there currently is a moratorium on new restaurants, this falls under the exemption of the restaurant moratorium because the prior use was as a restaurant.  He was able to ascertain that Mr. Shan has another restaurant in Brooklyn, on Church Avenue in Flatbush.

Attorney Sikowitz and the Board reiterated: the application being made is for an Asian-fusion restaurant, with no music or D.J., with closing hours Sunday through Thursday, 10:00 p.m. and Friday and Saturday, 11:00 p.m.

The Board stressed the importance of properly maintaining the dumpster on a daily basis; it is not to be shared with the neighboring restaurant at 94 East Main Street, Don Ricardo’s.  There is only one entrance [in the front]; the back is for the dumpster only.  No neon lights are permitted, and signage needs approval from the Architectural Review Board.

They also stressed that the site plan submitted with the exact seating is something to which [if approved] the applicant would be bound.

Mr. Shan acknowledged that he is renting the ground floor only, not the upstairs portion.

Application to the State Liquor Authority is required to obtain a Liquor license. The Board pointed out that the submitted plans includes a bar that is much larger and contains many more seats than what was approved for the former restaurant; because of this, it can no longer be considered a ‘service’ bar.  This has to be re-examined and clarified.

When addressing the sushi bar, the applicant’s understanding as to the number of seats was unclear, even though the plans indicated 4 seats.

The Board stressed that the applicant must have the grease trap approved by the Suffolk County Sewer District in order to apply for Board of Health approval.

Attorney Sikowitz commented that he will contact the representative of the applicant for clarification on various items.

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 meeting adjourned at 7:20 p.m.


Village Clerk

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