Public Hearing November 27, 2018: Local Law 5 of 2018 & 99-101 Deer Park Avenue

A work session was held by the Board of Trustees of the Village of Babylon on Tuesday, November 20, 2018. On the motion of Trustee Davida, seconded by Trustee Silvestri and unanimously carried, the meeting opened at 4:33 p.m.  On the motion of Trustee Davida, seconded by Trustee Muldowney and unanimously carried the meeting adjourned at 5:50 p.m.




NOVEMBER 27, 2018


Mayor Ralph Scordino

Trustee Kevin Muldowney

Trustee Robyn Silvestri

Trustee Tony Davida

Trustee Mary Adams

Attorney Gerard Glass

The meeting opened at 7:03 p.m.

The Pledge of Allegiance was led by Trustee Adams.

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, November 27th, 2018, at 7:00 p.m., or as soon thereafter as can be heard to consider the adoption of Local Law #5 of the year 2018, to extend the expiration date of Local Law 2 of 2018 regarding the restaurant moratorium.

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.

Attorney Gerard Glass explained that proposed Local Law #5 of 2018 is intended to extend the expiration date of Local Law #2 of 2018 another year, to December 31, 2019. Extending the expiration date is intended to give the Board an opportunity to evaluate the impact of restaurants and similar businesses on the Village.  This also extends the adjustment made granting allowance for restaurants with seating of 20 or less, with or without alcohol service.  The moratorium affects larger restaurants in excess of 20 seats.

The Board expressed the importance of building and maintaining a diverse business district with a walkable downtown comprised of a variety of shops and restaurants. The moratorium allows for a more comprehensive balanced approach to achieve this by encouraging the growth of retail and providing a chance to further evaluate the parking.

The meeting was opened to the public; the following people addressed the Board:

Russell Bahm, 23 Harbour Road

Thomas Bruckner, 99 Park Avenue

John Dolan, 69 Prospect Street

Tim McCaffrey, 53 Ketewamoke Avenue

Chris Betting, read a letter from Rich Friedman, owner of the Lo-Man Building, 140-160 Deer Park Ave.:

“Dear Mayor and Village Board of Trustees,

We are sorry we cannot be at the meeting this evening in person. My mother has been hospitalized and we are in Florida caring for her. My family has spent 72 years in the village. My father, Louis Friedman, ran Lo-Man Outdoor Store, and for many years served as President of the Village Board of Trade, now known as the Chamber of Commerce. Our family spent our lives, contributing to the community and building a property that was a centerpiece in the village in 1988.

For the past 2 years we have been unsuccessful in either leasing, or selling our property. I know from previous discussions that you would all like to see retail move into the empty space at 140, 150, 160 Deer Park Ave., and we have tried diligently to accommodate these wishes. However, we have not had a single “non-food and beverage retailer” willing to take space in the property in over 2 years. We have had over a dozen offers and Letter of Intents from top restaurateurs and developers, but in every case the buyer has backed out due to the moratorium on restaurants. It has been very discouraging trying to keep the building and property in excellent condition without having enough rental income to pay for the taxes and upkeep.

At some point we have to accept the facts that consumer buying habits have changed. The new generation prefers to shop at an outlet mall, a discount warehouse, on the internet, or buy directly from a company store. Traditional retail has been diminishing. This has led to the closing of thousands of retail stores throughout the country. These empty spaces are currently being converted from retail into other forms of commercial (restaurant) and residential (apartments) use. As you look around Long Island and elsewhere, you can see that the results have been highly successful, helping fill empty storefronts while revitalizing downtown areas. An added bonus has been increased tax revenue.

For this reason, we do NOT support the extension of the moratorium on restaurants, and would like to see it dropped or amended to allow restaurant development for properties that have parking available. We would also like the opportunity to see our property redeveloped to include restaurants on the bottom floor and apartments on the upper floors.

Thank you for your consideration.

Yours truly,

Richard Friedman”

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 for the next Hearing:

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, November 27, 2018, at 7:00 p.m. or as soon thereafter as can be heard to consider the application of Christopher Paulicelli, Principal of 101 Deer Park Avenue LLC, to add an entryway on the north side of the building located at 99-101 Deer Park Ave, the current location of Sports Shack.

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:

            Christopher Paulicelli                                 [Section 010 / Block 04 / Lot 008]

            101 Deer Park Avenue LLC                         101 Deer Park Avenue LLC

            1493 Church Street                                       99-101 Deer Park Avenue     

            Holbrook, NY  11741                                     Babylon, NY  11702

Christopher Paulicelli addressed the Board regarding his request to add a side entrance to the building, which would be in the Village right-of-way.  The former Sports Shack location is approximately 3000 square feet and is presently unoccupied. Mr. Paulicelli explained that retailers were not interested in a space that large so he subdivided it; there is now a 2,000 square foot space and a 1,000 square foot space.  He would like to offer a ‘storefront’ type entryway to the smaller space in the back of the building, with display windows in the walkway, similar to the windows and entryway of the Brixton at 135 Deer Park Avenue. The side entrance to his building on the opposite side of the right-of-way would be staggered with the entrance of the Brixton, approximately 14’ to 20’ apart. Mr. Paulicelli indicated that he would beautify the area with plants, etcetera and would keep the right of way well maintained.

The Board reiterated that this is Village property and needs to be maintained; any work to be done needs to be approved by the Village Highway Superintendent, Skip Gardner.

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.

The meeting adjourned at 7:41 p.m.


Village Clerk  

** For attachments contact the Village Clerk’s Office

:. View All Board of Trustees Minutes