Public Hearing - January 9, 2024
PUBLIC HEARING
WAS HELD IN THE BOARD ROOM,
153 WEST MAIN STREET, BABYLON, NEW YORK,
ON TUESDAY,
January 9, 2024
PRESENT:
Mayor Mary Adams
Trustee Frank Seibert
Trustee KathyAnn Miga
Trustee Dominic Bencivenga
Attorney Charles Casolaro
ABSENT:
Trustee Anthony Cardali
The meeting opened at 7:11 PM.
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 the Municipal Building, 153 West Main Street, Babylon, NY, on Tuesday, January 9th, 2024, at 7:00 PM, or as soon thereafter as can be heard, to consider the adoption of proposed Local Law 0109PH §365-20; §365-21 of the year 2024 to amend Village Code Chapter §365-20 §365-21 to allow the Board of Trustees the discretion to require a Special Use Permit for any zoning and/or building permit applications or any part thereof having to do with parking, in the retail business districts or the industrial districts, with such Special Use Permits to be granted or denied by the Board of Trustees.
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.
BY ORDER OF THE BOARD OF TRUSTEES
Jean Marie Parker, Village Clerk
Date: December 18, 2023
Babylon, New York
Attorney Casolaro stated this hearing is a continuation of the previous Public Hearing held on December 12, 2023. Once again Attorney Casolaro wants to stress this is not meant to substitute, diminish, or override the power of the Zoning Board of Appeals. This is purely what it says - “at the discretion of the Board of Trustees”, and as the mayor stated at the previous meeting, this would be on a very limited discretion and a very narrow basis; they have a right to require a permit for a business (industrial or retail) to determine the adequacy of parking. It is a very narrow power, and as mayor stated, a power to be used judiciously. This will allow, and should allow, the Board, the power to issue special permits in the very limited circumstance that parking is not available but the project may be too valuable for the Village to let go. Where the ZBA’s hands are tied due to parking restraints., the Board can step in and allow parking elsewhere, or set up an alternative parking scenario.
Trustee Miga - in favor absolutely, and necessary
Trustee Seibert - in favor - we need to understand use of it.
Trustee Bencivenga agreed with the law stating this is a tool for the Board of Trustees to use very, very, sparingly.
Mayor Adams agreed and stated this is really a Legislative Act. It will not override Planning and Zoning Board decisions. The Law is to be used as a legislative tool for extraordinary circumstances.
Attorney Casolaro added that Special Permits are not Zoning permits, but are Legislative permits. They are not grounded in the zoning law; they are grounded in the Board’s power as a legislature of the Village - to issue a declaration allowing or disallowing. They have a zoning effect, but are not a zoning tool, which is all the more reason the Board should have this power, but should be used in a judicial and sparing way,
The meeting was opened to the public; the following people addressed the Board:
Jerald Miskovsky, 55 Washington Street
On the motion of Trustee Siebert, seconded by Trustee Miga and unanimously carried, the meeting adjourned at 7:34 PM.
_____________________
Village Clerk
** For attachments contact the Village Clerk’s Office
PUBLIC HEARING
WAS HELD IN THE BOARD ROOM,
153 WEST MAIN STREET, BABYLON, NEW YORK,
ON TUESDAY,
January 9, 2024
PRESENT:
Mayor Mary Adams
Trustee Frank Seibert
Trustee KathyAnn Miga
Trustee Dominic Bencivenga
Attorney Charles Casolaro
ABSENT:
Trustee Anthony Cardali
The meeting opened at 7:01 pm.
Trustee Seibert led Pledge of Allegiance
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 9th 2024, at 7:00 p.m. or as soon thereafter as can be heard, to consider the application of Rukjai Prommasa, member of Thai Station Café to open a new restaurant, Thai Station Café, at 128 North Carll 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.
By Order of the Board of Trustees
Jean Marie Parker, Village Clerk
Date: December 14, 2023
Babylon, NY 11702
Applicant:
Thai Station Café
25 Spring Place
West Babylon, NY 11704
Rukjai Prommasa – 128 N. Carll Avenue, Babylon
Business: Thai food and American style fusion restaurant
128 N. Carll Avenue; SCTM: 009-01-031
Ms. Prommasa addressed the board stating she is a Thai chef. She plans on a Thai Restaurant/ Morning Café which includes a breakfast menu, sandwiches/cereal starting at 6:00 AM. Lunch/dinner menu would be sit-down from 11:00 AM –to around 9:00 PM, featuring Thai food, pasta, and American food fusion.
Trustee Miga – confirmed opening at 6:00 AM. Applicant states going for commuter crowd, grab and go type food. Confirmed ample parking – 32 spaces in the back.
Trustee Siebert inquired about bar and liquor license. Applicant stated there is a counter, but no bar at this time. May be at addressed in future. Trustee Siebert also wanted clarification on seating. Applicant confirmed 9 tables with 20 seats total, same set up as previous pizzeria.
Trustee Bencivenga inquired if there would be music and if she acquired Board of Health permits. Applicant stated there will be soft background music on speakers. She is waiting for equipment to be in before obtaining Board of Health approval.
Mayor Adams confirmed that employees will park in back. Planning Board has given approval; Door Dash and Uber Eats must be picked up in back as well, not the front. All signage needs to go through the Architectural Review Board.
On the motion of Trustee Seibert, seconded by Trustee Miga and unanimously carried, it was
RESOLVED to reserve decision.
The meeting was opened to the public; no one addressed the Board.
On the motion of Trustee Seibert, seconded by Trustee Miga and unanimously carried, the meeting adjourned at 7:10 PM.
_____________________
Village Clerk
** For attachments contact the Village Clerk’s Office