Public Hearing March 24, 2020 - Rezone 75 Fire Island Avenue




MARCH 24, 2020


Mayor Ralph Scordino

Trustee Kevin Muldowney

Trustee Mary Adams

Trustee Robyn Silvestri

Attorney Gerard Glass


Trustee Tony Davida

The meeting opened at 7:00 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, March 24, 2020, at 7:00 p.m. or as soon thereafter as can be heard, to consider the petition of Bomticc LLC for rezoning of the premises located at 75 Fire Island Avenue from Residence O to Residence M.

Copy of application and plans may be examined at the office of the Village Clerk, between the hours of 10:00 AM and 4:00 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:                                                       Property:

Donald J. Middleton, Jr.                                 75 Fire Island Avenue

Bomticc LLC                                                      Babylon, NY  11702

54 George Street                                               [Section 014/ Block 02/ Lot 064.001]                       

Babylon, NY  11702                                      

The Mayor noted that this was the first Public Hearing held under restricted conditions due to Coronavirus. All who were present at the meeting followed proper protocol and were separated by a minimum distance of six feet. The meeting was videotaped and is available to be viewed on the Village Facebook page and the Village website:

Although the public was not permitted in the building for this meeting, any questions, concerns, or comments regarding this meeting can be addressed in any of the following ways:

-          Call the Village Clerk’s Office at (631) 669-1500

-          Email:

-          Use the ‘Workflow Notification” form on the homepage of the website:   

-          “Private message” through the Village of Babylon Facebook page

-          Send correspondence to:

                  Village Clerk’s Office, 153 West Main Street, Babylon, NY 11702

The Mayor further clarified the intention of the Board was to withhold their decision for two weeks to allow time for any written comments or concerns to be submitted.  All comments from the public must be received no later than Tuesday, April 7th, 2020.

Attorney Gerard Glass verified that no one was present at the door seeking to come in and stated that the measures taken to hold this meeting were in compliance with the Open Meetings Law of New York State Committee on Open Government.

The applicant, Donald J. Middleton, explained his plans to build one two-story, multi-family, town house style apartment building, containing six (6) one-bedroom apartments on the currently vacant lot at 75 Fire Island Avenue. Each apartment will be approximately 770 square feet. There will be no balconies or terraces and the lease will have a ‘no pets’ restriction.  Mr. Middleton was amenable to the suggestion of no outside storage or recreational areas.

The plans include 14 parking spaces with a one-way entrance toward the north end, and a one-way exit on the southern end, to allow for a full line of site when exiting the property.   The boundaries of the property will be landscaped with green giant arborvitae for privacy (similar to the Mathies property), fencing will be replaced and parking bollards will be installed where needed.

Mr. Middleton has spoken to several of the neighbors surrounding this property regarding his proposal.  They mentioned the need for privacy plantings along the property lines and parking bollards in certain areas for safety.

The maintenance of the property will be handled by the landlord, Bomticc Realty.  There will not be any signage posted on the property. The fenced-in, covered dumpster will be situated on the northeast corner of the property and emptied by a private carter, at a reasonable hour so as to be respectful of the neighbors. The ‘push’ for snow removal will be toward the back of the property as far from the street as possible.  Snow will not be pushed onto Fire Island Avenue.  The addition of solar panels may be considered.

Mr. Middleton believes that a change of zone from Res O to Res M would be consistent with the character of the neighborhood and believes it would be a good transition heading towards the Business District.  The current proposed plan minimizes the variances needed. 

The Mayor reiterated that any comments, questions, or concerns from the public should be addressed within the next two weeks, by April 7, 2020, as indicated above.

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

RESOLVED to reserve decision.

Meeting adjourned at 7:21 p.m.


Village Clerk


A Village of Babylon Public Hearing took place on Tuesday, March 24th, 2020 at 7:00 pm to consider the petition of Bomticc,LLC for rezoning of the premises located at 75 Fire Island Avenue from Residence O to Residence M.  Due to the Coronavirus and Village Hall being closed to the public, the hearing was videotaped.  A reserved decision was made by the Village of Babylon Board of Trustees.  

Comments from the public can be emailed to, "private message" through the official Village of Babylon Facebook page, by using the "workflow notification" form on the front page of our website: or mail correspondence to 153 W. Main Street to the attention of the Village Clerk.  All comments from the public must be received by Tuesday, April 7th, 2020.

The regular Village of Babylon Board of Trustees Board meeting followed at 8:00 pm.  Again, as a precautionary health and safety measure, the board meeting was videotaped as well.  Residents will be able to view both meetings on the links  below or on the Village of Babylon Facebook page.

Public Hearing

Board of Trustee Meeting

:. View All Board of Trustees Minutes