Planning Board - Regular Meeting

Today is the 27th of October, 2025. We do have several two public hearings. So, we will begin our meeting with the pledge of allegiance. Could you all rise, please? Ed, could you lead us in the pledge, please? To the flag of the United States of America and to the stands nationy and justice for all. Thank you. Could you please take the role? Patrick Alen, present. Julianne Nolan, present. Gerald O'Neal, present. Edward Win, Juan Leon, present. Daniel Truian,

present. Frank Santos, Greg Axiola, Matt Espazito, and Rich Casey. And we have a quorum. Yes.

Okay. Uh, very good. As I mentioned, we do have two uh public hearings required to read this statement 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 board. Job 2455AB, West Babylon Manor, Inc. proposes to subdivide an existing A resident zoned parcel in two in order to maintain an existing single family dwelling on lot one on lot two reszone to SCMR senior citizen multiple residential in order to construct a garage and merge with an adjacent SEMR complex.

Okay, who's here on behalf of the applicant? Good evening. Allison Le Point with the firm Sir Tilman Balon Adler Heyman, offices at 100 Motor Parkway, New York 11788. Okay. Council, have you had the opportunity to review uh the memorandum from Denise Graciano, the commissioner of planning dated the 14th of October with your client? Yes. Are there any issues, any concerns, anything that you'd like to bring to the board's attention regarding any of any any parts of this memo or especially the conditions, the covenants and restrictions? There are no objections to the contents of the memorandum. Okay. Thank you. Please proceed.

Certainly. Good evening. I'm here on behalf of West Babylon Manor Incorporated and David Singer, who are the owners of 250 Casatada Court and 631 Elward Road, respectively. Applicant seeks to divide 631 Elmer Road kn otherwise known as Suffach County Tax Map number 100-213-1-5 into two lots. Um this was pre a similar application was previously before this body in 2023. Um I do have planning board resolutions numbers uh 2023-1 and 2023-2. This was for the property just to the west, 235 Elmwood Road, where we did a very similar project. That property um was divided, the rear portion of the property was absorbed into the multifamily development in the back. Um and the single family dwelling remained along Elmwood. Um and I'm going to submit the prior resolution for the board. So in terms of the land division, lot one will remain a residence and will continue to maintain the existing single family dwelling and accessory structure in its current location and configuration. We're seeking that lot two would then go for a change of zone. So the zoning would match that of the multifamily at the rear and be merged into one single lot there. Um and then constructing a small 30 by30 garage a detached garage as well as a passive recreational area. In terms of the land division, lot one will measure 6,975 square ft. Lot two will measure 6,887 square ft. And once merged with 4.3, the overall lot in the rear would then be 6.16 acres. In terms of site plan,

there's a small shed currently on the site which will be removed um as that will be as part of of lot two. I if you'll see from the original development of the multif family, it has very limited um storage space on it. Uh it has just that little garage that is behind the uh yep right there. uh right behind the last land division um which measures 24 by 38 and it's simply not large enough to provide the storage needs for to support the 148 uh units that are in the multif family. also looking to have a p additional passive outdoor recreational space as we're seeing more and more of these newer developments that coming I'm sure across your board um outdoor recreational space is certainly uh very much in demand um and in trying to keep up with those demands and trying to keep this property um vibrant and um well well leased at being able to add some more passive outdoor recreational space is certainly certainly a benefit. The proposal is to construct a 30 by30 structure on lot 2 to help meet these needs. It would be storage mostly of maintenance materials. It would also be um extra refrigerators, items like that. So that way when tenants have an immediate need, they're able to be able to get a replacement unit into their their units quickly. Also items such as trim that matches in certain spaces, flooring that matches, tile that matches. So that way when there are maintenance needs, they can respond quickly and efficiently. Um, beyond that, again, the outdoor space really is just a walking path and and a proposed fountain. There is significant screening proposed all along the property line as well as fencing to ensure that it's continued to be screened from the neighboring residential properties. Um, the structure itself is proposed at 17 feet 7 in high. It should be noted that there's no variance relief necessary for

this proposed structure. It is code compliant. While we will have to proceed to the zoning board of appeals, any variances that would be required have to do with the existing setbacks of the existing single family dwelling in the front for which again there are no changes being proposed. Um the accessory structures proposed 6.2 ft from the property line. There are no windows surrounding it. So it really only has the garage door which faces inward to the multifamily structure. I think it's a 10x10 garage door. It has one small side door for access. There are no windows around the sides. There's no plumbing, no habitable space. It is just a a detached garage. Um, and I believe that is the conclusion of of my presentation. If the board has any questions, I'm happy to answer them.

Thank you very much. Do any of the board members have any questions? Jerry, do we have any elevations of the uh Ghart? Yes, that was part of the planning board's planning board application. I think I do have one copy in my file. If not, do we have anything? You don't have it electronically. Pardon me. How come we don't have

I do apologize. Yeah, you don't have to apologize. This is more than sufficient, but we should at least make the request in the future. It's just as easy for you to send that as opposed to copy. Understood. We have another question. Certainly. Is there a curb cut going to the garage?

So, it's if you go back, Matt, if you wouldn't mind going back to one of the earlier plans, it it allows there's a concrete pad area. Basically, it allows you to back towards the door to be able to unload any materials onto a truck. very much the same the way the the smaller garage that's on the plan would operates now. Um it's accessible from the existing parking lot. And so yeah, so kind of a continuation of that area um past the hedge towards where the the new um detach garage is proposed.

Okay. And uh second question, are there any features on that recreation area besides a walking path? At this time, there's nothing proposed outside of a proposed fountain in the center area. Um, but again, it's meant more as a as a passive recreation area for the residents to utilize. Okay. Thank you. Certainly. Will there be some benches? [snorts]

We can certainly add benches to it. Again, I don't believe they had gotten too far into to the designer needs. I mean, that would probably more come also from the the tenency themselves for what exactly what they were looking for in that space. But again, out of out of respect of certainly the the property owner we're working with and the adjacent property owners at this, it's proposed as a passive recreation space. Your average backyard space just in a multi- family utilization with a big fountain. With a fountain. Okay. [laughter] With a water feature. Very soothing. Somebody might want to go out there and meditate. But go ahead, Frank. Um, you mentioned no plumbing. Just curious if the garage is going to be heated.

We are not anticipating any heating. No. Are there any other questions? Thank you. Certainly. Is there Let's see. Do we have anyone else here who would like to address the board regarding this application? Tony A. Wait, do we have We also have Angelina. Okay. Unfort I don't Can you hear me? Unfortunately, I have a hearing problem, so you're gonna probably have to yell at me. All right. Hold on. Hold on for a second. Please state I've lived in the town of I'm sorry. Okay. Uh, we need you. We have to get your name. Could you please state your name and address for the record?

Okay. My name is Angela Pagnatada. I live at 625 Elwood Road. Okay. Please proceed. Do you swear to tell the truth, the whole truth, nothing but the truth? I don't lie. I do. [laughter] There you go. I thought that was a tricky answer. [laughter] Please proceed. Slippery. Can I Okay, [laughter]

I'm getting seen. I don't know. Just to let you know, I I've lived in the town of Babylon for 73 years of my life. I grew up in Copg and I raised my family in West Babylon at my home where I am now. We've been here in West Babylon since 1974. When we purchased our home, it was almost countrylike. Now we now we have Elwood Plaza on the east side, West Babylon Manor on the north side, and now a proposed 17 foot tall garage budding my property on the west side. My property values decreasing, taxes going up. I feel like I'm be becoming a resident of Queens. I really very disheartened over this and I feel like we're being pushed out. Thank you.

Hold on. Hold on for one second. M, could you pull up the uh uh the photo of the area? Okay. Tell me exact tell us exactly where your house is. Right there. That's our house. Yeah, that's your house where it says 265. Okay. And the garage will be where in relation to that is that right around there. Okay. All right. Okay. Thank you very much for coming down tonight. You're welcome. Tony. Yes. Hi. Please state your name and address for the record. My name is Tony Audi. I live at 625 Elwood Road.

Okay. Do you swear to tell the truth, the whole truth, nothing but the truth? I sure do. Okay. Good evening. Um, I'm here tonight because, uh, I'm concerned about the proposed construction of the, as my mother said, that the 17 foot tall 900 foot garage that's going to be right up against, uh, our home and the park area. Um, that the senior complex is developing. Um, my family has lived here for 50 years. Um, also, let me just say that a lot of these questions I have here have already been answered by this lovely lady's presentation.

Uh, my family has lived here for 50 years. We valued the quiet residential nature of our neighborhood. Over the years, developments have kind of been closing in on all sides. Um, we now have a shopping center on one side, a senior complex behind us, and now this project proposed on the other side. And, uh, we're kind of losing that residential environment that we all hold so dear um, to us. Um, uh, the reasoning process for this property is going to be swift. I understand that. Um, and I'm hoping that you will give some consideration to the surrounding residents. um and cons um adopt a perspective of of the neighboring homeowners when developments of this nature do arise and especially with a home that's already surrounded uh at this at this time. Um it means a lot to us that so that we came here. I mean, you know, I know that this is most likely futile, but here here we are broken foot and all. Um we were surprised about this the size and that it's actually it is compliant to find that it was compliant. We were kind of shocked about that. Um, uh, the project is going to directly affect our family's quality of life. We feel that way. The privacy, the noise, the lighting, the traffic. Um, my young children play in our backyard. This is what's right up against it. There's going to be people back there now that strangers that we don't know right over the fence. We only have a 5 foot tall stockade fence. I know that there's screening that they do provide, but again, that's not as as tall maybe as we would like. Um, and I I write for my children's safety and the character that's going to, you know, what's going to happen with that space. Um, another concern, um, and well, she didn't answer what the storage is for, um, and the ne necessity of it. I mean, we're we're concerned. I know she was saying refrigerators and and flooring and things like that. We are concerned that there might be something kept in there that might have chemicals, carcinogens, that kind of thing housed. If that's not going to be the case, then that's, you know, a little bit better, but um, or equipment that might leak anything. Um, and are there deterrence for people other than the residents who are going to be there to have access to that park area? um some sort of a locking system or security system or there will there be security to kind of

keep people out that maybe are not necessarily part of that complex because that literally butts our yard and that's a concern.

Um and you know to have an open space where anyone can kind of come in and peek over the fence watching my kids play doesn't really thrill me. Uh the health and safety of my children is my is my priority. It's paramount to everything else. I fear that the bu this building of this project puts puts that value at risk. Um, we already experienced stems issuing from the shopping center adjacent to our property. We've got bottles in our yard, litter, vaping, paraphernalia in our yard. We've witnessed people loitering late at night, engaging in, you know, drinking and unfortunately marijuana use, urinating on our fence, among other concerning behaviors. We don't want to have that also happening in this back area of our yard as well. Um, and and we don't want to see anything that's going to be negative negatively affecting our property, of course, because we've got it now. It's going to be we're literally going to be surrounded on all sides. Um not against improvement or community of community spaces, but I do believe this particular structure should be scaled appropriately and designed with proper screening um and being considered for neighboring homes. Um and you know, basically just kind of reconsider the structure of where it's going, how big it's going to be, what it's used for.

Um and and as my mother said, our taxes are going up, but our property value is tending to dwindle a little bit here. Um I appreciate your time. Thank you so much for listening uh to the perspective of those of us who live directly next door to this proposed construction. Thank you. Thank you very much for coming down. We appreciate it. Oh gosh. Is there anyone else that would like to address the board regarding this application? Uh council, could you come back? Okay. Um you heard the concerns. uh how would you address the issues that have been raised to this spec I'm sorry this very specific redevelopment and change

certainly so again as we stated that the the garage structure is code compliant and doesn't require any variance relief. It is being proposed 6.2 ft off the property line and as you can see from the plans there's a significant amount of screening as well as fencing. In terms of the use of the recreational space, I'm unaware of any complaints about uh poor usage of other open recreational spaces that they have at the site. Um there I can say from a security perspective, there is a gate on the entrance on Elmwood. So the only real access into the site, yes, right there along the edge there as I've tried to access the site from that location by accident and had to go around. Um the main access to the site is through Yes. contest casatada court up there at the top. Um, and again, I am unaware of in this uh senior community where we've had any issues with the poor behavior of those utilizing the recreational spaces. Again, we're providing a significant amount of security. The storage of the garage will be within all permissible codes and requirements. Um, it'll be utilized just as it would if it were a residential garage that the current owner could construct towards the rear of their property today. It's simply that it's going to be absorbed into the the multifamily use. I do have some aerial photographs that do show the location um of the showing the rear yard of 631 as well as the adjacent property. So you can see there's a good amount of foliage presently on the adjacent property, but again we are going to be proposing a significant amount of uh foliage along the property line to provide additional screening as well as the proposed garage will kind of butt against the accessory structure on 625. So you see that yep that lighter uh tone roof there. It'll be a little bit further to the north, but again there will be no windows.

There's no proposed lighting back there. And because of the 6.2 two feet. Frankly, once all of the foliage grows in from the screening, it will just be a a wall of green and you will not really be able to see um the the proposed structure at all. Um so it should provide a significant amount of of screening and privacy will remain at the at 625 location and in fact probably increase their privacy because right now it is just it is just an open area. So, um I'll send these up to the board. Matt. Okay. Thank you. Uh Matt, would you mind um

going going back to that site plan where you have a list of the uh screening materials and would you mind reading that into the record? Yes. I believe there's two kinds of arborite in involved. Yeah.

And then there's a third. I don't think it's on this page, Matt. I think it's on the next one. Oh, I'm sorry. Your list is there. I do apologize. Um, so the current fence that's there, is that going to be remaining? The current fence that's between

No, I believe this is a new proposed fence because once it's being absorbed into the um senior living facility, they're going to upgrade the fence. And what type of fence is it going to be? Oh, that I don't recall. But if the board has a preference, we're certainly open to any any fencing preferences. My next question is that other places when there's residents abing new development. Um even though these trees are going to and shrubs are going to grow to six feet, would you be open to if it's possible to put it on a burm so they're taller than six feet?

I we would certainly be open to it. My only concern is when you only have the 6.2 2 ft in height. You don't really have the distance to do that. And then to put it on top of a burm. Um I it would be I think at 6.2 feet. I mean if you were getting like a a one foot burm out of it to to have the the right sloping I think that would be as much as you'd be able to get because of the distance. Um certainly something that we would be open to. Again it is my my client's intention to pro provide as much privacy for their own residents as well as for the neighboring residents. Right. So I it really has been their goal and they've been very successful with it. I mean the the the site's been there for a long period of time and the current screening has grown in very very deeply. Um and they take really good care of of the property as you can see at the the border right there um from where we go towards 631 is is pretty significant and that's what they're going to be proposing to continue

where the arrow is there. Is that the type of fencing we're talking about? Matt, bring it back to where you just had it right there. Something I'm looking at the Okay. The black I think that's the existing I think that's the existing fencing. That's the existing fence. Yeah. Okay. Okay. Any other questions? Council, thank you very much. Thank you very much. Have a good evening. All right. Since there are no other members of the public that would like to address the board, I'm going to request a motion uh from the board to close the public hearing and to reserve decision. Uh motion by Dan. Uh second by Jerry.

All in favor?

Uh the hearing is closed and we've reserved decision. Now that the public hearing has been closed, the decision has been reserved in order for us to review any feedback we've received this evening. Uh are there any open site plans? And the record will will remain open for written comments. To follow up on the status of the application or to submit additional written comments, you can contact the planning department in a number of different ways. Uh first, in person. The planning is located on the west wing of town hall. The application documents and plans are available for inspection between the hours of 9:00 a.m. and 4 p.m. or by phone uh 631-957-3103 or by email planning comments at townof babliny.gov. Thank you very much. Public hearing, lifting of a covenant and restriction. Job 2554DI, Nevada Street Properties, Inc. proposes to lift a covenant restriction that limits the lots to owner occupied use only.

Who's here on behalf of the applicant? Gerard Glass, 72 East Main Street in Babylon. Okay. Council, please proceed. Uh good evening, Mr. Chairman, members of the board. I am uh in the interest of full disclosure or principal in this company.

Okay. Hold on. Before we go any further, uh I apologize for interrupting. Uh the planning commissioner Denise Graciano issued a memo dated October 10th, 2025 regarding this application. Is there anything you'd like to bring to our attention regarding uh her memorandum? Any issues, any concerns, anything that you would like to uh bring to the attention of the board at this time? No, Mr. Chairman. Okay, please proceed. Just very briefly, there's a letter we've submitted to the board that explains the background of this application, which is a long history. Um, these are two two family side by side duplexes on Teddy Place in West Babylon, immediately off the Sunrise Highway Service Road. For years, there were uh two sober houses um that had in them uh as many as 25 occupants in each home um which over the years caused an uproar in the community. There were litigations in various courts between the town and the owner of the home at the time, which was Destiny Village, um, a not for profofit. This culminated in a contract Jerry, could you bring the microphone a little bit closer to you so we can

This This culminated with a contract to purchase the premises um by um myself um as a principal of this Nevada Street Properties who ultimately the contract was transferred to just prior to closing in collaboration with the town. We had discussions with the town. they wanted this um to you know go into new hands and um for these sober houses to close. So over a course of um I would say six to eight months, we placed all of the residents humanely in other housing and um took over the management of the homes to um refurbish them to their um probably better than their original grand. Very nice homes, granite countertops, really nice houses. Um anyone would be proud to live there. And um part of this uh partnership we had with the town was um these homes have this covenant and um they're duplexes. They were never occupied um by virtue of the fact that they've always been in common ownership by um owner occupants. Uh and they were also in corporate uh hands. So I don't think the covenant was ever complied as far as I can tell. Make a long story short, the homes been refurbished. They're among the nicest on the block, troublefree. Um everything's good. It took probably three years to close title on the homes because of the leans, the fact the town had taxed the properties on a commercial level and part of the um informal relationship or agreement we had with the town was that too they'd have to get reduced to a residential status which they did. So, um, this is really the tail end of what has been, uh, a very long three-year road to close, which we closed, I know within the last five or six months, uh, closed title, and now we want to go to the rental board. Um, and we need the covenants lifted from not only your board, but also the zoning board and the town board.

And that's my presentation. Okay. Thank you very much. Do any of the board members have any questions regarding this application? So, I have one question just so we're clear. Um, these are multif family. Yes. Okay. So, what does that mean? Does that mean they're two family? Two family. Two family. Yeah. The town has had for the LA since I've been in charge of it open access and they'll they can have that prospectively. They will always be two family. Two family. Okay. Yeah. All right. Side by side. Up and down. Side by side. Up and down. They're duplexes. Yeah. Oh, they're duplexes. So, they're side by side. Okay. Great.

Any other questions? Any other questions? Is there anyone from the public that would like to address the board regarding this application? All right. Thank you very much. Good to see you all. Thank you. Have a good night. Now, all right. So, um I'm going to request a motion to close the hearing and to reserve decision. Motion by Frank. Uh second by Dan. Um are we reserving? Second. Okay. Uh all in favor

approved. So the decision has been uh reserved to allow us to review any feedback that may come in the subsequent subsequent days. But the record will remain open for any written comments. Uh to follow up on the status of the application or submit written comments. Can contact the planning department a number of different ways in person at the planning department uh offices located in the west wing of town hall. The documents plans are available for inspection between the hours of 9:00 am and 4 pm or by phone 631-957-3103 or by email planning comments at townof bablin ny.gov. Thank you very much. That concludes