Planning Board - Regular Meeting

Um, today is uh the 9th of March, 2026. We do have two public hearings. So, we will begin our meeting with the pledge of allegiance. Frank, could you lead us in the pledge, please? To the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you very much. Take the roll. Patrick Alpin, present. Julianne Nolan, present. Gerald O'Neal, present. Edward Win, present. Juan Leon, present. Dan Trushian, present. Frank Santos, Greg Giola, Matt Espazito,

Emily Mole, and Mitch Casey, Do we have a Do we have a quorum? Yes, you do. We have a quorum. Okay. Uh, before we start uh the meeting, I'm required to read this into the record. The planning board shall have the right to rely on any information that is presented by the applicant. If any such information is later found to be inaccurate or incorrect, the planning board may determine that any approvals, building permits, or other actions previously granted in connection with the application are null and void.

Thank you. Here's your memo. Item A, public hearing, site plan review, job HPLN-9 2525A Y and Dan Real T7, Inc. proposes to demolish existing structure to construct a 1,852 ft freestanding Duncan with drive-thru lane and 14 interior seats along with associated site improvements. Okay. Uh who's here on behalf of the client? My name is Jose Ramos. Sir, please state your name and address for the record. Jose Ramos, 43 Parkway Boulevard, Ron Cona, New York. And you swear to tell the truth, the whole truth, nothing but the truth. I do, sir. Please proceed. Um, again, my name is Jose Ramos. I'm here.

Hold on. Before you begin, I just want to ask you, are we okay? All right. All right. Um, okay. Uh, today the data we have a memo from the planning commissioner Denise Graciano regarding this application. uh dated March 4th uh laying out a series of uh conditions and covenants and restrictions. Uh have you had the opportunity to review this with your client? No sir, I have not. Are there any issues, any concerns that you'd like to bring to our attention regarding this memorandum?

No sir. We have uh with me today the owner and the engineer who designed the project and also the engineer who's doing the traffic study. So we have everybody available if you have any questions. I guess my question is a different one. Uh, did does your client have any objections to any of the covenants and restrictions? It's either a yes or no. Okay. Hold on. Hold on. Uh, tell this gentleman who's been sworn in what your answer is. Okay. No, we don't have any objections, sir. No objections? No, sir. To any of the conditions or covenants? No, sir. All right. Good. Please proceed. Now, we had to get it from you because you're sworn in already. I understand. All right. Please go ahead

again. With me are the owner, Mr. Bethia. Uh the engineer, Mr. Taher, who designed it. Sir, you have to speak uh closer to the mic. Okay. I apologize. Okay.

I'm not used to this. So again, the the owner, Mr. Bethsia, is here. Uh Mr. Tahier, the design professional, and Mr. Toella, the gentleman who's doing the traffic study. So, we're all here to answer questions um based on the memo from March 4th. That's why we didn't have a chance to meet, so we came here to do that. Um, and as was stated before, we are here tonight proposing to demolish the existing structure in order to construct a freestanding Dunkin Donuts 1,825T footprint with the drive-thru, 14 interior seats associated with site improvements. The subject consists of four parcels which total 21,699 ft and it is currently in an EB business. The property is situated 180 ft north of Little East Neck Road and the intersection of Garrison Avenue. Garrison Avenue is currently a paper street and is designated for future development as part of this project. Um we are here to uh answer any questions um and be of assistance to the board uh and looking for favor to get an approval.

Okay. Do you have any u the the site plan? How is this going to look? Are you prepared to speak to that? Say that again. The site plan. Yes, sir. Okay. Matt, could you pull up the site plan, please? All right. If you can please uh walk us through this site plan.

Um well, the entrance and the exit is over on straight path. Um as you can see that there's ample parking. Um when you pull in, you're going to go straight. You're going to make a right and into the drive through drive up lane. Uh as you come around, uh you'll get your product. Um, as you leave, you'll make a left and you'll be exiting on back on the straight path or you can exit on the garrison, but again, straight path will probably be the main uh course of traffic. Are are you seeking any um variances from the zoning board? Um, one second, please.

This is the engineer who designed it. All right, sure. If you would like the engineer to address those questions, that's fine. Sir, please state your name and address for the record. Tahir Kureshi, 27 KC Land, Mount China in New York 1176. Do you swear to tell the truth, the whole truth, nothing but the truth? Yes, I do. Okay, please proceed. Excuse me. I think uh we do seek one BZA variance for the front yard on Garrison Avenue as per the report prepared by the town after reviewing. Mhm. Is there anything else you'd like to bring to our attention regarding this site plan?

We do not have a specific loading u stall provided as the space is very limited. So we are proposing the loading truck to enter, pull on the side of the new building on the west side and unload and get out. Okay. It it was provided in one of the drawings of show us that if you don't mind, please. Okay, that's a better Okay, go ahead. Just read uh reiterate what you just said regarding where the loading and unloading will be. Uh, okay. Okay. Can you bring back Let us get this up. So, yes. Hold on. Back.

Yes. Yes. This is the one. Uh, I think on the right side there is second one. Yep, that's the one. So, as you see in the delivery box truck turn plan, it enters from the Garrison Avenue, pulls next to the building, unloads, and gets out on the straight path. Okay. So, Matt, could you just describe exactly uh how this will flow again? Matt, if you don't mind, Matt, please.

Okay. Sir, could please please describe this again? uh that we could follow the hand as you're describing this. Okay. So, the truck which is going to be delivering the products is going to enter Garrison Avenue as the hatched area shown on the drawing. Makes left in the new driveway, pulls up next to the building. Yes. Where the truck is shown, delivers and then gets out on the straight path. It can do similar path from entering on straight path get to the building deliver and get out from the garrison avenue. Okay. And what time of day will that be? Typically our deliveries

it's uh early in the morning 5:00. Okay. So Okay. Before opening. Yes. Okay. All right. Is there anything else that you would like to add? Uh, no. Do any of the board members have any questions regarding this operation, Julian? Is that going to be the same direction for the sanitation to come in to the dumpster also?

Okay. The second uh site plan if you see, yes, this is the one which shows how the sanitation trucks would come in, pull back, load and get out from the uh they can go both ways. They can enter from Garrison Avenue, pick up and go back to that or they can get out from the uh straight path. Are there any other questions? Okay. What?

Good evening. Can you share with the board how many parking spots you have, regular parking spots, handicap parking spots, and how many are required for this site?

Okay. We we are providing 12 this based on the town calculations and requirements 14 seats require seven stalls. We are providing three for the employees. So that's total requirement of 10 stalls. Uh no sorry actually nine because uh each uh two employees get one stall so is one and a half stall plus seven. So that's about nine stalls. We are providing total 14 regular stalls and one ADA handicap accessible stall.

Great. Thank you. Thank you. All right. Okay. Uh thank you very much. Thank you. Is there anyone from the public here that would like to address the board regarding this application? No. Okay. Uh, thank you. Okay. So, I'm going to request a motion from the board to close the hearing and reserve decision. A motion by Juan. Motion to close the hearing and reserve decision. Second by Julianne. Second. All in favor?

Approved. Okay. So, the hearing has now been closed. Uh the decision though is reserved in order for us to review any feedback or follow up on any open site plan issues. The record will remain open for written comments. For anyone to follow up on the status of this application or to submit written comments, you can contact the planning department in a number of different ways. In person, planning is located on the west wing of town hall. Application documents and plans are available for inspection between the hours of 9:00 a.m. and 400 pm or by phone 631-957 3103 or by email planning comments at townof babliny.gov. Thank you very much.

Thank you. Item B, public hearing site plan review change of zone. Job 2514 AE2011321 Monto Highway Court proposes a change of zone from Ebusiness to MR multiple residence to construct a two-story apartment building for eight one-bedroom units and an interior alterations to the existing mixeduse building to convert space into an additional one-bedroom apartment along with associated site plans. Okay. Miss Blander, could you state your name and address for the record?

Yes, Mr. Chairman. For the record, Nicole Bland. I'm an attorney at Viselle Bland Viscanti with offices at 535 Broad Hollow Road in Melville. Okay. Thank you. Please proceed. Hold on. Before you proceed, as you know, there's a memo uh regarding this application dated the 27th of February, 2026. Uh does your client have any concerns regarding any of the covenants restrictions or any other item that's outline that's uh in this memorandum? No, he does not. We consent to the covenants and restrictions. Okay. Please go. Please proceed.

I'm here tonight on behalf of the property owner seeking site plan approval and a recommendation for a change of zone from business E to multiple residents. The property is located, as you can see, on the northeast corner of Montalk Highway and St. An's Avenue. It's comprised of four tax lots and it has a lot area of 25,152 square ft. It is zoned business E presently on tax lot 65.1. It's presently improved with a mixeduse building that has a co and a prior ZBA approval which was for six one-bedroom units and a retail component um which I believe is Panorama signs currently. Uh the existing building is within the easterly portion of the property with parking in the rear and on the west side of the building currently. Uh, previously on the remaining tax lots, there was an old dilapidated two-story dwelling that was very close to the road, as you can see from this old aerial. Um, and it has since been demolished. The applicant is seeking to change the zone of the entire property to multiple residents to convert the retail space that's in the existing building to an additional unit so that that building will have seven one-bedroom units rather than six with a retail space. The applicant is also proposing to construct a two-story 3,189 ft building within the southwesterly half of the property. And that building would have eight one-bedroom apartments. So to walk you through the site plan, there'd be two curb cuts for ingress and egress to and from the site. There's currently an existing curb cut on Montalk Highway and that will remain. There will be a stop sign for traffic exiting the site. The new curb cut is proposed on St. An's for ingress and egress as well. And there will also be a

stop sign um proposed for exiting traffic from that curb cut. Uh parking will be between the two existing building I mean the two buildings as well as in the rear of the buildings. So if you come in off Montalk Highway, you'll still see parking to your left and the building to the right. As we um head towards the rear, we're proposing a new 5-ft crosswalk which will help pedestrians traverse the 24 ft drive aisle um to be able to reach the existing building. We are required to have 30 spaces. We're providing 31 spaces. So, we do not require a parking variance. Um as we drive further in, our refuge enclosures are in the rear of the existing building as well as our bike rack. um our truck turning radius to access these refuge enclosures. It is shown on SP4 if the board wants to take a look at that. Um it has been approved. Uh the so the the truck turn I believe is a K turn style.

Slow down so we can catch up.

I think it's SP4. So you can see there that would be the sanitation truck being able to access the refu enclosures. And again, we have two curb cuts. Um, so, uh, the flow will be, um, will be to town requirements. Um, as we head west on the site, we have again our 25 a 24 foot drive aisle with parking on either side. All parking spaces comply with the 9 by19 dimensional requirement of the town. There'll be all new asphalt installed in this parking area as the board can see. Um, there will also be, like I said before, the brand new uh curb cut onto St. An's. Um, all lighting will be dark sky compliant, so shielded from neighboring properties. There will be new curbing and sidewalk along St. An's. Right now, you have grass to the street. So, this will be all new curbing and sidewalk installed to town of Babylon specifications. There will be landscaping planted um along the rear property line. We'll be filling in. There's some existing Arborite, but we'll be filling in um Arbavite and Leland Cypresses along that uh rear property line. And then there'll be some more landscaping along St. An's um as well as in front of the buildings. Um there we go. There's the landscape plan.

You're doing great. Slow down so we can catch up.

Sure. So, as you can see on the landscape plan, we have landscaping at the corner of St. An's and Monttoque. Um so, that'll dress up that corner quite a bit. and then some a little bit of landscaping that'll be put in front of the existing building. Um and then as you can see along the rear property line there'll be a buffer of arborites and leeland cypresses. Uh as I said um if we want to switch over to the floor plan. So the units on the first floor of the proposed new building will be ADA accessible. They range in square footage from 755 square feet to 762 square feet. They're all an open floor plan, so there's no dens proposed. It'll flow from a living area to the kitchen. Uh the only room that's sort of segregated is the bedroom. Uh there'll be obviously bathroom, washer, dryer. Um and again, the units on the first floor are ADA compliant and they'll lead out to a patio space for an outdoor area. On the second floor, the units range from 752 square ft to 770 square ft. And you see the same open floor plan. So, living area right into the kitchen, no doors, um no dens, nothing like that. And then you have the bathroom and the bedroom. Um in the existing building, if we want to just take a look at the new unit that's being proposed in our existing building. So that used to be or it currently is a retail space. We're proposing to convert that to an apartment. That unit would have 852 square feet. And again, as you can see, is an open floor plan, no den. Um, and so there would be three units now on the first floor of this building with four units above in this.

Just so I'm clear, that's where Panorama is. Yes. Okay.

Yes. So that would be converted. Um, so it would no longer be a mixeduse building. it would simply be um a full apartment building. Um if we want to take a look at the aerial at the surrounding area um to the east are business E properties. Uh FND hardware is immediately adjacent. As the board can see, you have some commercial buildings and other parking areas that do directly abut the residential that's to our north. Um what we're proposing is to continue. We have a strip of parking right now that abuts the residential to the north and that would just be continued um along the entire length of that backyard and then there'd be a landscape buffer. Um we're on Highway. Um to the east of FND is a used car dealership. Um and then across and then you could see there's a lot of other uh commercial uses on that side. To the south you have um a vacant piece. I'm not really sure what's happening with that piece, but you also have, I believe, um a boat storage yard. Um and then to the west of St. An's, you have a commercial building that presently is utilized as a fitness center. And again, you kind of have wallto-wall building on that parcel as well. Um and then you have other commercial properties. I do want to also point out there is an existing fire hydrant on Montalk Highway in front of the existing building. Um you might be able to see it from the street view, but there is an existing fire hydrant there. Uh so I know that's sometimes a question. Wanted to point that out. And also um we are proposing along St. An's that's where our generator will go. Um and our underground electric will run to that side of the building as well. if the board was uh looking for the location for utilities. Um that's my presentation. If the board has any questions, I'm happy to answer. We also

have our esteemed architect Harold Gart with us tonight if the board has any questions for him. Okay. Do any of the board members have any questions? Jar, my first my first question is who's going to do my signs? Who's I think there's another sign company down the road. No. And Jack and Barbara. Sec. Are they relocating? I'm I'm sorry. I'm I'm sorry. Um second question is and it's always um bothered me. There is a step from the driveway up onto the patio in front of Panorama Store

which is not compliant. It is too deep. Um it's been there forever. It was approved that way. I don't know if this is an opportunity to straighten that out. It's being rebuilt. The whole patio thing. The the I believe the stairs up to that stone patio is being rebuilt to come from the front now. To come from the front. Yeah. Okay. Good. Yeah. Okay. Yeah. Good question. Got it. Okay. Thank you. Are all wires electric and telephone wires going to be underground? I know the electric are. Yes. And the phone will also be underground. Yes, that's great.

And you can see on the along St. An's there's an arrow that points to where the generator will be and then where the uh utilities or underground electric is coming in in that little rectangle. There you go. Right there.

Okay. Any other questions? All right. I've got a couple of questions for Mr. Gart. Come on up. Before you start, madam, curious, were there any changes that were what we're seeing here today? Uh was that uh all all of the PDFs and all was that as was that you did you utilize the new uh system that we have in place for this particular application of how we make changes and communicate with the client in this case Mr. But on this one, this particular one,

I believe so. Okay. All right, Mr. Gart. Yes, sir. It's always good to see you. Same here. Um, tell me what what is your experience or your firm's experience with doing all this? I'm sorry. Do you do you swear to tell the truth, the whole truth, nothing but the truth? I do, sir. Okay, please proceed.

Yeah, this is the problem. I know you too well. I know you're a very truthful person, but we still have to swear you. But in all seriousness, um, how is it working? How is it working with these new systems like Babylon has now where everything is done online for your firm? I'm not talking about for you, but for your firm. So, I know for me it would be difficult, but I'm generationally challenged, but please proceed. Like you said, it's confusing. Um, my secretary Ki has been with 30 years. She is in the process of learning the portal concept, right? I do this and that's all I know. Okay.

But she takes this and does something with it and sends it to you guys in that piece of plastic. So remember as uh as chairman Mah once said, the march of a thousand miles begins with the first step. So, you're But I I do want to talk to you about um um this particular site as as we're seeing with all the others are in a flood zone. Uh what steps have been taken to mitigate flooding as a result of being in a flood zone that was hit pretty hard by Sandy? We're out of the flood zone. Okay.

We're not near the water, the bay or whatnot. Um, we have raised the finish floor of the building a couple feet above the natural grade. One of the departments asked for that. So, we raised it up. A and B, we put the generator on the side. Also raised up. I don't think there's ever going to be a flood in this area. If it does flood, we're in trouble. Serious trouble. Uh, you've been around long enough to remember Hurricane Sand, supertorm Sandy. Yeah. Yeah. Okay. Two feet of water in my house.

All right. Well, you got off easy. Uh, environmental. Can you talk about the flood zone and steps that have been taken to mitigate that with this property and others that may be outside of the flood zone, but close enough? Yes.

Use your microphone, please. Like the applicant said, Mr. Chairman, the project is out of the flood zone. Um, this department actually did request the generator to be in place due to the project site being located off Suffach County's coastal um, evacuation route and the applicant has proposed the generator as we asked. So, it's out of the flood zone and you're you're confident that it will never flood.

Um, it is out of the flood zone, correct? And according to our records and according to our records, the that project site hasn't had a repetitive loss or did not um breed substantial damage. So, it wasn't affected by supertorm Sandy. That is correct. Okay. Uh, thank you. No, you do. Okay. and you be quiet because we haven't sworn you in. All right. Uh, anything else you'd like to add? Yes. I would like to address Mr. O'Neal's question.

Yeah, please. If you go to the site right now tonight or tomorrow morning, you see it. The entry off of Merrick Road is a horror. It goes up right difficult. Bothered me from day one. Um, I have been working with the town and we managed to change the grade on the just about the entire site to eliminate most of but not all. I can't do all most of that drastic incline. In doing so, I have eliminated that depression in the brick work that theoretically was a handicap access.

So that's what it was there for. Okay. That's going away. That's going to be straight. Yeah. Um so that will be at grade. That's Is there a railing along there that's still um go to go to the the renderings. The rendering Oh, there we go. There you go. All right. See, see if you look at the ingress off of Mont Highway Road. See how gradual where the cursor is now? See how gradual? So, you drop that pump down. I It doesn't do this. It It does this. Good. There's a natural grade from beginning all the way to the back.

Okay. Hence what it did, it raised No, it didn't. Um, it did. If you start at the the platform to go into the units, that the distance from that to the grid to to the paving changes from about 2 feet down about a foot or so at at the end at the north side. Got it. A lot better than it was. Yeah. In doing that, I needed to put the railing up because I need So, okay.

Handicap ADA handicap person enters that building from the extreme north and that's shown on my site that that that's right there. Got it. Got it. Okay. Good. Okay. Thank you. Looks good. Did that answer the question? Yes. Yeah.

Are there any other questions that the board has? Um, all right. Before I ask, is there anyone from the public that would like to address the board regarding this application? No. Uh, but before I ask for a motion to close the hear, I just want to say, um, first of all, this is beautiful. Thank you. Really well done. And uh one of the things having lived in this town my whole life and very very familiar with that part of Montalk Highway going back to the days when the New York State Department of Transportation had every intention of widening Montalk Highway. Um, but I'm just and I know all the board members here are very uh pleased to see the thought that has gone into this and other proposals that have been before this board to really beautify that part of Monta Highway and and it is happening. know, a lot of people uh don't remember even though there they've been there long, but they forget. And but it's really this is not only uh going to be beautiful, but it's also an example of what the town the town board in particular has done uh to encourage this kind of development and private sector investment. Um so thank you and thank you Mr. Toronto uh for the investments that you have made to improve this part of Babylon and Lindenhurst and Copen.

Thank you, sir. All right. So, having said that, I'd like to request a motion from the board to close the hearing and reserve decision. Jerry, so move. Uh let's see. Uh Ed second. Second. All in favor?

And the public hearing is now closed. The decision has been reserved in order for us to uh review any feedback or or to address any open site plan issues. The record remain will remain open for written comments uh for anyone to follow up on the status of this application and to submit additional written comments. You can contact the planning department a number of different ways in person. Planning is located on the west wing of town hall. Application documents plans are available for inspection between 9:00 am and 4 pm or by phone 631-957313 or by email planning comments at townofb of babliny.gov. Thank you very much.