Public Hearings Sept. 12 2017 - Local Law 9 & Mary Carroll's




SEPTEMBER 12, 2017


Mayor Ralph Scordino

Trustee Kevin Muldowney

Trustee Debbie Basile

Trustee Tony Davida

Trustee Mary Adams

Attorney Joel Sikowitz

The meeting opened at 7:01 p.m.

The Pledge of Allegiance was led by Trustee Basile.

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, September 12th, 2017, at 7:00 p.m., or as soon thereafter as can be heard to consider the adoption of Local Law #9 of the year 2017, pertaining to Mortgage Default, Vacant, & Rental Properties.

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 Sikowitz explained that this statute is necessary and helpful to municipalities because it will require registration maintenance of the mortgagee. Assuming this Local Law is adopted, the Village will engage a company that will more vigilantly go after owners / banks to maintain properties.  This is a win-win situation for the Village. Dealing with these properties will become less of a burden to our Building Department, as there are approximately 100 homes that are in pre-foreclosure or ‘zombie’ status. This registry will encourage banks to sell or clean up these homes.

The meeting was opened to the Public; no one spoke in favor or against this proposed Local Law.

On the motion of Trustee Muldowney, seconded by Trustee Basile 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, September 12th, 2017, at 7:00 p.m. or as soon thereafter as can be heard, to consider the application of Conor Hartnett, for approval of the outdoor expansion at Mary Carroll’s Bar & Restaurant, 121 Deer Park 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:                                 Representative:             Architect


Conor Hartnett             Gerard Glass, Esq.                 Charles W. Kuehn

37 Yacht Club Road                 Glass & Glass                          P.O. Box 641

Babylon, NY  11702                72 East Main Street               Northport, NY  11768

                                                Babylon, NY  11702

Property :     [Section 010 / Block 04 / Lot 005]

                        Mary Carroll’s Bar & Restaurant

                        121 Deer Park Avenue

                        Babylon, NY  11702

Gerard Glass approached the board to discuss this application for the approval of the changes to the outdoor area.  Gerard Glass indicated that the Building Inspector perceived the 12’ outside bar on wheels to be in violation. [This is a pre-fabricated bar with a metal front.]

Mr. Glass explained some of the history of Mary Carroll’s outdoor bar; Mr. Hartnett was previously represented by Attorney Kevin Brosnahan. On the recommendation of Kevin Brosnahan, the bar is on wheels. The use of the outdoor bar does have State Liquor Authority approval and there has never been a complaint or problem regarding this.  The bar is mostly used on weekends and during peak periods.  This is not an expansion of the patio area.  Because the bar is portable, it is their understanding that the bar is not subject to Building permit or Board approval. 

The occupancy, music and Health Department regulations are unchanged, and there has been no change in the Suffolk County Sewer District Grease Trap requirements.  There have always been speakers, tables and an overhanging awning covering the outside area.  Conor stated that the floor plan has remained the same since he’s been there; he took the advice of Kevin Brosnahan regarding the enclosure, heating, music speakers and bar.  He reiterated that there have never been any complaints in 20 years.

The Board remarked that when they checked the Building files there were no details on the steel girders/footings and inquired if the steel beamed awning structure was portable, to which Conor replied that he has permission for the heavier duty awning and will provide a copy of the plans stamped by the Building Department.  [Conor agreed not to use the outside ductwork if necessary, since he has had infrared heaters for years.] Gerard Glass emphasized that the awning was permitted by the Building Inspector and that they have the Electrical Underwriters Certificate as well.

The bar and restaurant is staffed by security, and on busier nights there is security to cover the front and back doors.  Conor explained that for 19 years they served until the 4:00a.m. closing time permitted by his Covenants & Restrictions.  For the past year, he has closed at 3:00 a.m. When the Board suggested that the closing hour be permanently changed to 3:00 a.m., Conor explained that although he does not want to have the hours permanently amended in the Covenants & Restrictions, for right now he will continue to voluntarily close at 3:00 a.m.

The meeting was opened to the public;

Those who spoke against this application:          John Dolan, 69 Prospect St., Babylon

No one spoke for this application.

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

RESOLVED to reserve decision.

Meeting adjourned 7:45 p.m.


Village Clerk

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