Zoning Board of Appeals (zba) - Regular Meeting

the Town of Babylon Zoning Board of Appeals. Please listen to the rules and procedures that we will follow for tonight's hearing.

Good evening and welcome to tonight's meeting of the Town of Babylon Zoning Board of Appeals. The following is the procedure that will be followed tonight. The matters will be called in the order they appear on the calendar with adjourned matters being called at the end of the regularly scheduled matters. Matters cannot be heard prior to their published scheduled time. When your matter is called, please submit the affidavit of posting to the secretary and proceed to the podium and give your name and address. The chairperson will then swear you in and read into the record information we have from your application, comments from various town departments and any correspondence received on your application. The chairperson will then ask you to make whatever presentation you wish to make to the board. After you have made your presentation, the board will ask whatever questions the board deems appropriate and then we will ask for comments from the public. If you wish to speak for or against an application, we ask that you wait until you're acknowledged, come forward, give us your name and address, tell us where your property is in relation to the property that's in question tonight, and then please direct your comments to the board, not the applicant or the applicant's representative. We have to keep a record and we cannot do that if there are people talking over each other or cross conversations. If someone has spoken for or against an application and they have said exactly the same thing that you wish to say, it will have the same force and effect in the record if you give your name and address, are sworn in, and say that you join in those comments. If you have anything additional to say, please don't hesitate to do so. But keep in mind that you will be given only one opportunity to speak. After the public has spoken, the board may ask the applicant to come back to answer any questions that may have come up as a result of the public comments or for the applicant to summarize. When the applicant comes back to answer any

additional questions, if that happens, that does not start a second round of public comments. Once the matter has been heard, various things may occur. The board may decide the application immediately. It may reserve decision. If the board reserves decision, that does not mean the matter is approved or denied. It just means that the board needs more time to decide, may want to go out and look at the site again, or might want to review the documents and testimony further before making a decision. In either event, the applicant will receive the board's decision in writing shortly after the board makes its decision. If the application is approved, that does not mean that you can then go ahead and start construction or whatever it is that you requested from the board. You will have to wait for the building permit to be obtained from the building department before your go-ahad. On some occasions, the matter may be continued for another night. If it is continued, in most cases, it will be for the submission of documents, a new survey, new plans, or something of that nature. If that's the case, no one needs to come back on the new date. The documents will be submitted and no further testimony will be taken. On rare occasions, a matter may be continued for future testimony. If that's the case, then people would have to come back to testify. If matters are adjourned at an open meeting on the scheduled date of hearing, no further notice need be given unless specifically required by the board on the date the adjournment is granted. Three rules that may affect your ability to proceed tonight. One, if the sign was not posted for 10 days, we cannot hold the hearing tonight. Two, if you commence this proceeding while you own the property, but no longer own the property, and you are here now to continue with the

application, you will need either the written consent of the new owner or the new owner to be present for the hearing. This situation could come about if you sold your house or building, money was held in escrow at closing for a certificate of occupancy or permit, and you're here tonight to clear that up. Lastly, if your application is a commercial application and it's other than a renewal and there is more than one tenant in the building, then you need your landlord to be here. Is there any applicant that has any difficulty with those situations and would need an adjournment tonight?

Is there anyone that would need an adjournment? For the record, there are none. Please rise and join us for the pledge of allegiance. All right. First application is application 25193. Vincent Russo and Danielle Perez of West Babylon. Hi.

Good [clears throat] evening. Good evening. Uh Vincent Russo, 138 Ear Avenue, West Babylon, 11704. You affirm to tell the truth. Yes.

Okay. For the record, I have a planning and development memo dated December 3rd, 2025. Uh zoning board of appeals number 91445. Um approved on Oh, December 12th. Thank you. 1991. Okay. Environmental control memo dated November 12th, 2025. This application may not result in significant impact. Survey by Adam Rag dated November 23rd, 2024. Tax map acted as an area map. Madam Chair, there's six photographs and a site plan by Charles Philip Lambo dated uh September 15, 2025.

All right. What would you like to tell us? Uh so we are requesting a variance. Um [clears throat] and I'm just going to read here right as I heard. Uh all in connection with a proposed second story addition and to legally maintain a front covered porch. Permission to diminish front yard setback from 30 ft to 15.55. diminish rear yard setback from 40 to 32.95. Increase total building area from 20% to 36.5 and to lift a previously imposed covenant and restriction. Okay. Turn our hearing over to Mr. Shepard. Good evening. How are you? Hi, thank you. Good. How are you?

First, how about the there was a kitchen in the basement? Uh so apparently uh when we bought it, I mean there was really nothing there. We had someone from the town come through and we've used it for a playroom for our children from really day one. So they they came in to inspect that and apparently at some point there was a bathroom or something in the garage and so they came in and inspected both of which they said you're good to move forward. There's nothing removed. Yeah. Well, when we moved in, there was nothing. Yeah. And nothing in the garage. What's your intent for the basement?

Uh playroom. We've got We bought the house with zero children. We've got three now. So, we're going to expand as needed into there. Describe to me what the front of the house is going to actually You're asking us to lift this covenant. What?

Yeah. So, we um my lovely wife loves the farmhouse uh look of of a of a you know, the new modern farmhouse style. And [snorts] so when we were building uh our proposed or or creating our proposed um second floor with the areas that the the um staircase has to go by doing by putting the staircase where it has to go, the bedroom in the front right of the house, which is kind of over where that front porch is, would be extremely small. And so the plan of the architect was we're going to we were planning to cover that front porch anyway. So it would just be to bump out that second that bedroom on the second floor by two feet so that it's not too small to

It's just going to be like a portico or nothing. You're not not enclosed. No, you agree not you agree not to enclose it, correct? Yep. Yeah, we didn't know that that uh restriction was on the property until about two weeks ago. [snorts] Yeah. All right. The only condition is that you're not going to be able to close the Yep. Yeah. No problem there. Madam chair, I have no further questions. Would anyone like to be heard on this application? For the record, there are none.

Madam Chair, I'll make a motion to approve application 25-193 with the condition that the front. All in favor? I thank you very much. Ju and just to confirm the the enclosed piece doesn't mean like we can still put um like a gate or something, right? Like a like the picket fence almost on the front porch. Yeah. Yeah. Yeah. Okay. Yep. Perfect. Thank you.

Next application is 25216 Gberto sign of cope. name and address for the record. Good evening. Gilber, 2470 Brain Neck Road, Copek, New York. And the application number is one 256 25216. Do you affirm to tell the truth? Yes.

Okay. So, for the record, we have a planning and development memo dated December 11th, 2025. Department of Environmental Control memo dated December 9th, 2025. This application may not result in significant impact. Survey by Frederick Pokerny dated November 3rd, 2011. Tax map acting as an area map. And Madam Chair, there's 10 photographs. Okay. What would you like to tell us about the application? What I'd like to do is just extend your parking space in the back for five five to five cars to five cars. Okay. Um, I'll turn the hearing over to Mr. Decia. Good evening. How are you?

Good. How are you? As it sits now, um, you have plenty of parking as it is. What is the purpose for the driveway of this size to avoid them to park on their grey negro size? What about Malta? This small space there to park. Is it a rental property? Yes. Is it going to maintain a single family rental property? Yes. Why are there three separate electric units meters? It's always been like that. Can you remove two of them? Huh? Can you remove two of them? Why have to be removed?

Because it lends itself to be a multifamily a multifamily dwelling. You have the the meters there. Yeah, that's the way I bought it. Yeah, I understand that's the way you bought it. With a parking with a driveway of this size and three different units, it's supposed to be a I see that you have a application for a rental permit, right? You could potentially have three units in there and each person pay their own electric. It's three meters. Yes. But it's only it's a two two family lives in there right now. So two or it says single family.

It's a single family. I mean rental to to one big family. So then lends back to my question. Can we have one electric unit, one electric meter? Yes, we can do that. And what is the need for the striping on the driveway?

Yeah, you would have to be sworn in to speak. Payment address, Jose Espino, 301st Street, COPE. Do you affirm to tell the truth? Yes. Okay. He doesn't really need a tribe to be honest with you. The the uh architect just put it in there. Okay. Without telling us. We would prefer without the shing. Yes, that's fine. All right. That's good. With the building area, you're almost at 60%. In the rear yard, you're at 82%. Can we reduce that

to a more reasonable number smaller? That can be reduced. Yeah, we can we can make small. You just have to resubmit plan showing how much you plan to reduce it. Okay. Okay, that's fine. Now can he uh use asphalt for cover the uh asphalt is what we prefer along with the no striping. Yeah. No just a reduction and reduction you you know how much you want to be reduced approximately right now is the prop the way it is right now is 379.6 square footage.

I know your total building area is over by 2600 square ft and your rear yard is over by almost 1300 square ft. So come up with a reasonable number and give you an exact number. Okay, you know make it smaller. Okay, we'll do that. as it is now. The rest is going to be grass, right? Yeah. Compared to grass. See a little bit more grass up and the spring anyway. Not now. Because I know it says five cars, but as it is now, you could fit.

Yeah. You know, it used to be an accessory apartment. The previous owner used to have an accessory apartment. He don't qualify because he own another property in the town of Babylon. So that's why he need to do the rental permit. Can you explain the layout of the property and how many bedrooms are in this dwelling? Can you explain when you walk in and how the inter two the first first floor has two bedrooms and two on the second floor. And how many bathrooms? Two. Two on the first floor. Four. Four. Oh, four on the first floor and two on the second floor. So, total six. Four bathrooms. Bedroom. You say bedrooms. Bedrooms. Yes.

Four bedrooms. Two baths. One downstairs, one upstairs. How many kitchens? One.

Any other questions from the board? Would anyone like to be heard on this application? For the record, there are none. We're going to close decision. Deserve decision. Leave the record open for new plans. So, we're assuming the new floor plans. Yes. And then you take from there. New plan showing the reduction in the Can we take the sign off or? Okay. Thank you. You got it. Thank you. Thank you very much.

Next application. Application 25-222. Patrick and Janice Chilton, Farmingdale. Hi. Name and address for the record. Um Janice Chilton, 15 Dogwood Street, Farmingale, New York. This is my husband. Patrick Children, same address. Okay. Do you guys affirm to tell the truth? Yes.

Okay. For the record, we have a planning development planning division memo dated December 3rd, 2025. [clears throat] A prior ZBA approval dated uh March 4th, 2021. Application 21-006. Another ZBA approval dated November 19th, 2009. Case number 9-282. Department of Environmental Control dated December 9th. This application may not result in significant impact um survey by Scalus land surveying dated 1125 2020 tax map acting as an area map. And

Madam Chair, there's four photographs in a site plan by Jonathan R. Nicholson dated uh September 4th, 2025.

All right. What would you like to tell us? Um, we're requesting a variance in connection with building a detached garage. Um, you guys um permission to increase the total building area from it's going to be a detached garage with um cement patio. So, we're requesting permission to increase the total building area from 30% to 35.5%. Um, we're going to we would like to diminish the distance from the front street line from 40t to 30 and um 3 and 12 in to bring the garage in line with our existing house. Um we'd like to increase the height of the garage door from 7 ft to 8 ft. And then you guys had written down to increase the number of accessory buildings from one to two because we have a small shed on our property.

That's just a Yeah. Okay. Turn the hearing over to Mrs. Hi, how are you? Um, so regarding the garage, um, the board has been unfavorable for granting that type of relief from 7 to 8. Um, what's the need for the garage door of that height?

Our architect had recommended to do an 8 foot garage door because of the size of larger vehicles, SUVs and trucks have they're, you know, six and a half to seven feet tall. Um, so he said that the standard was pushing forward towards 8 making larger. Um, and then I did some research and I saw that parking garages run anywhere from seven feet for like standard vehicles and they go up to 8.2. So that was the that's why they made it larger was for larger vehicles as to fit in such as a pickup truck or Ford Expedition. Is there any way that that could be redesigned to conform to town code?

I'm sure it could. I would just hate to spend all the money on the project and then in a few years and my husband wants a pickup truck when he retires to know that it doesn't fit after spending all that money. Um, but I'm sure we could change anything because ideally we need a garage on the property. We have three kids that are going to be driving the next couple of years. We just need the space. Okay. And um what is the reason for the change in plans from the attached garage to a new detached structure? We could not afford to build the attached garage at the time. So, we closed out everything and didn't move forward with it. Okay. Madam Chair, I have no further question.

Um, if we were to approve this application, do you agree that the garage remains no habitable space? Um, and no commercial work peritted in a garage. They wouldn't even know what to do. Okay. Um, any other questions from the board? Madam chair, I make a motion to amend application 25-222 to add variance number four, increase the number of accessory buildings from one to two. All in favor?

I going to close the hearing. Reserve decision. You'll get our decision in the mail. Okay. Okay. All right. Thank you very much. Happy holidays. All right, next application. Application 25218. Kim Raj Kevin Rah and Lisa Marie. Hi, how you doing? Mike Lado, Captain Kermit, 535 Broad Hollow Road B16. Um, Melville, New York. From the tell the truth.

I do. All right. We have a planning division memo dated December 3rd, 2025. A prior ZBA denial dated December 14th, 2023. Case number 23180. Department of Environmental Control memo dated December 9th, 2025. This application may not result in significant impact. Survey by Andre Miller dated July 11th, 2023. Tax There's an area map and madam chair there's eight photo 10 photographs a site plan by Andreas Lowski dated August 1st 2023. You like to tell us?

All right. So we're here today seeking three reliefs in order to maintain the gazebo, the outdoor kitchen and the pavers. Uh so when we were last in front of the board we were seeking six reliefs. Today we are only seeking three. So we've made changes to the yard which the board had requested. Um, so which where were we removed some of the pavers um we're cutting them back two feet around the whole property. We're also removing the section of pavers on the side. It was approximately 255 square ft that we're removing. We're going to be adding grass to this area and we're also removing the outdoor bathroom. Uh we have reduced the total building area as well. Prior the prior request was for 53.16%. We reduced that to 49.7 where 30 30% was allowed. Uh with regards to the total building area um where it had increased I'm sorry the rear area that had increased that was a miscalculation. So we had forgot to include the calculation that was actually under the gazebo and then also the rear stoop. So under the cazebo was about 96 square ft and then the stoop was like 24 square ft which gives you about 120 square ft. So that's why those numbers are a little off from the last one. But we we have not added anything since the last the last uh board hearing. Um so those two areas had increased it from the 79% to 83%. The last relief that we're seeking is to maintain the existing um gazebo which you guys have down here as a pergula um that has a rear setback of 24.4 ft where 25 uh ft is required. Um while the alterations to the yard were self-created, we don't feel that if the board was to approve the application that would create a negative impact on the property, the surrounding properties

or the environment. That's it. Good evening. How are you? How you doing? All right. You answered the question about the calculations of why the percentage went higher. Um yeah, it was just a on our on our end. We just for some reason I don't know why we didn't calculate under the gazebo. We just calculated that square footage. It was just you have the outdoor the outdoor kitchen. Is there is there plumbing in the outdoor kitchen? Um yes. It was just like a sink like it's not like um I mean running water. Yeah. Yeah. Yeah. Was there a plumbing permit for that? Um, yeah, he's pulling we're pulling all that. So, we're in the process of getting all that legalized, but they got flagged through zoning for lot coverage and setbacks

and that outdoor bathroom now. That's gone. That's getting taken off. The whole It's everything's removed. It's removed already. Yeah, he's going to be removing everything. He got a He has a stop work order, so he can't do anything on the house.

Was it was approved the would would be closed. Um, no not closed. I have no further question. Mr. Chairman, question from the board. We have three correspondents of opposition. Thank you.

What were the uh what was the oppos that was from this or the last hearing because there was opposition of the last hearing and that was because of the bathroom. So we removed the bathroom. It was this is for this it says December 2nd 2025 and November 26 2025 and do they have a reason for what what the opposition was? Uh numerous parties in the backyard extremely loud music very disturbing hours regarding the parties and loud noises but nothing to do with structures runoff anything like that has to do with the pavers. Okay.

All right. Would anyone like to be heard on this application? For the record, there are none. Okay. We're going to close the hearing. We're going to reserve decision. Okay. Thank you. Thank you. Have a good night.

You too. Say it again. All right. Next application. Application number five. 25-221. Robert and Jennifer Lynn of West Babylon. Good evening.

Hi. Good evening. Christina Robin, Morano Expediting, PO Box 39, Beth Page, New York. You affirm to tell the truth? Yes, I do. Okay. I have a planning division memo dated December 3rd, 2025, previously approved ZBA uh 23179 uh approved November 30th, 2023. Environmental control memo dated December 9th, 2025. This application may not result in significant impact. Um, survey by John Robinson dated October 4th, 2024. Tax map as an area map. And

Madam Chair, there's uh five photographs and a site plan by Robert Roana dated October 7th, 2025. Tell us.

Good evening. Um, so we're here this evening for a proposed 14 foot by 34 foot inground swimming pool uh which is one of the smaller size pools in the industry. The 4 foot 10in setback for this pool is due to the proposed waterfall feature. The waterfall spans about 12 ft wide along the rear wall of that 34 foot long um pool pool wall. Uh so the majority of the pool will be compliant with the rear yard setback. The front yard setback request of 39 ft 5 in we feel is a minimal request. Uh there is no other way to make the pool comply unless we shifted the pool closer to the south. But then we would encroach on the required sideyard setback. Um so this proposal would allow us to adhere to the sideyard setback and that would be more beneficial than having it adhere to the front yard given the house doesn't conform to the front yard either. Um the proposed pool equipment location is due to several factors. The electrical meter is over on the side of the house where the pool equipment is um proposed to be located and it would require much less trenching. Uh this is the most setback from any neighboring parcels as it's only encroaching on the street itself. There are no alternate locations without it being in the middle of a walkway or a structure. And the back of the garage has a garage door on it that um opens into the rear yard. So to place it behind the house would uh reduce accessibility. In regards to the proposed patio, um generally inground pools have a around a three-foot walkway or 4 foot walkound um which includes 1 foot of coping and then 3 ft of patio. Um we're not proposing anything out of the ordinary here. It's it's quite minimal. Um there is even one section that uh narrows to 3' 7 in. Um, the proposed total building area from 30% to 52.6% is within keeping of other variances

this board has granted ever since paving has been made part of the equation when calculating coverage. The increase in the rear yard building area from 45% to 95 is certainly a substantial request. Don't disagree. Um, however, there are some difficulties with this lot that makes it very challenging. U property is substandard. Uh it does not conform to the front yard setback or the rear yard setback. Both require 30 ft and it is not uncommon when dealing with a non-conforming lot uh to result in the need for a variance to make improvements. Being this is a corner lot, it also further complicates matters. Um they're not only working with an already reduced rear yard, but now they have two front yards. So this further reduces the space that they can build in. Um, and lastly, the home is an L-shape and the garage projects into the rear yard about 27 feet. Again, making it difficult to place this pool anywhere. Um, this uh configuration of the home itself reduces the square footage of the rear yard by approximately 386 ft where most homes don't have this unique feature. Therefore, giving them more open space to include in the rear yard calculations. So all these combined factors create a challenge for this property that we feel is unique um and is a hardship for this particular parcel. If you have any questions, I'm happy to answer.

Mr. Shepard, how are you? Hi, good. How are you? Good. I have two concerns. One is can we move the pool over? We can't move the pool over two inches to eliminate number five. Two inches. That's all you need. I'm sure they would agree to move two inches. Okay. The other one is your overall lot coverage. You got a concrete jungle going on yet. 95% is is got to give me something green. They're entitled to apply for a variance. It doesn't mean the board is going to grant it. That's all I can say. [laughter] Can we reduce it? Can we do something to to

um I mean the need for again the the you have the one foot of coping and then the walkound really. So and then there's that very small area that's a little bit larger which is kind of like connected to the garage that's just for like lounge chairs and umbrella. It's again the challenge is really that garage that just cuts off the yard and so I mean the closer you bring it to the house it's it's not a good good idea and then there's no really no place to put any patio

yeah it is very wellmaintained I mean they are looking I'm clearly looking to make another improvement it's just a really challenging lot no matter how we try to situate the pool reduce the patio I mean, you get a couple of square feet here, you know, an inch there.

Everything you got to say now is going to be a pool. I don't know that they're willing to start digging up anything that's existing.

[snorts] question. Any other questions from the board? Oh, that's about as small as we get for the inground for the I mean that's typically They could potentially go smaller. I mean, this is it's usually 16 by 35 or 36. You I mean, the typical the form that's just normal size.

They could potentially get something smaller. Um it is a possibility. This is what they they wanted. Um they did speak with their neighbors. There's no objections from the neighbors about this. Just to put that on the record. 11th potentially, but if they're not on a substandard lot on a corner, they wouldn't have the same hardship. Any other questions from the board?

Would anyone like to be heard on this application? For the record, there are none. Okay, we're going to close the hearing reserve decision. Okay. Thank you.

Next application is application 25223A and B. That is in. Yeah, we need to. All right. name and address.

Good evening, madam chairwoman, members of the board. For the record, Nicole Bland. I'm an attorney at Bazelle Bland Viscanti with offices at 535 Broad Hollow Road in Melville. All right, we have a planning division memo dated December 3rd, 2025 for both applications. Department of Environmental Control dated December 9th, 2025. This application will need a negative declaration. Um, we have a survey for lot one dated July 3rd, 2024 by Lisa McQuen. Survey for lot 2 dated July 3rd, 2024 by Lisa Mccen. And an overall survey dated July 3rd, 2024 by Lisa McC. Madam chair, there's five photographs in this site plan by 10 design group dated July 14, 2025.

Would you like to tell us?

I'm here tonight on behalf of the applicant GNR Building Corp. Uh they are the contract vendee for um a portion of this property if this application were to be approved. We're seeking variances to subdivide this oversized parcel into two lots. Um, lot one would be the lot that my client would keep if again if this was approved and it would have a new dwelling. Um, and lot two would maintain the existing dwelling and detached garage, but the current property owner would keep it, maintain it with the intention of selling it. Um, from the outset, I do want to say that uh the current owner would comply with the covenants that were requested. Um, currently there is a rental permit, a valid rental permit for the existing home, but should this application be approved, the property owner intends to sell and would consent to uh no rental. So, the premises is located on the east side of Henry Street, 220 ft south of Irving Avenue. It has a lot area of 12,000 square ft, making it oversized for the residents CZ zone. Um, it's presently improved with a 1 and a half story dwelling and a small detached garage. Um, as I said, the dwelling currently maintains a rental permit. Um, recently the dwelling was improved with a new roof, new siding, and windows. The I did talk to the um applicant and the property owner regarding some of the questions in the planning memo, and the owner would agree to match uh have the detached garage siding, put new siding on it to match the dwelling. Um, they would also agree to improve the front stoop. Uh right now there's some wood railings there and the concrete um uh columns are kind of falling apart. They would redo that and put on um row iron railings to to make it look better. Um they would also improve the rear uh stoop as well. I believe that was another um mention in the memo and they would improve that as well. So we're

seeking to subdivide this oversized parcel into two 6,000 square foot lots. On lot one, we're only seeking a street frontage variance from 75 feet to 60 feet and a lot area variance from 7500 square feet to 6,000 square feet. The proposed new home would have four bedrooms, two and a half baths, and an internal garage. It would meet all setback requirements and again all covenants, single family, owner occupied, no accessory apartment, etc. Uh, lot two would also have 60 ft of frontage and 6,000 square feet of lot area. In addition, there are a couple of existing conditions um in uh to maintain the existing westside yard setback on the existing home at 8.8 feet. This um home does enjoy a letter in lie. It was built prior to 1940. Um we're also seeking to diminish the front yard setback solely for the front stoop portion. Um reduce it to 10.4. That is an existing condition. The setback to the actual dwelling is 23.5. Um, and again, the owner would agree to fix that front stoop and replace the wood railings. Um, and also agrees to all covenants. If we look at the surrounding area, um, the properties immediately to the rear of our property are both 60footers and they both um have uh dwellings on them. At least the photos that I have, there's dwellings. Um, so this would this parcel or subdivision would basically mirror what is on uh fronting on Olivia Street. Um, adjacent to the south is a developed lot with 60 ft of frontage that has a driveway that extends to Olivia Street. Um, so that's their access point. Um, and that's 40T of frontage on Olivia. Directly across the street from us to the west is a vacant 40 by 100 owned by the county. To the north of that specific lot is a developed 40footer and then you have an 80footer that obviously

complies and then another 40 foot lot with a cape. Um abuing us to the north is 120 foot lot. It's owned by the Suburban Housing Development and Research Company. So I'm not really sure what the intention is there for that property or if it's being rented. Um but on Henry Street and also down on the corner of Irving, there are some 50-footers and 60footers. Um, so it's a mixed area and again you we would lose the rental here. So if this was approved, you'd have two homes with all the covenants that the board likes to see. Um, a new home that would be attractive for the area and then the existing home, like I said, the detached garage would be resided to match and there'd be some other, you know, um, features that would be worked on as well. If the board has any questions, I'm here to answer.

Thank you. Turn here and go over to Mrs. Cortitz.

[snorts]

All right. So, the work that was uh we had received some complaints that work [clears throat] the roof and the siding. There was roof, siding, and windows put in. I guess they didn't realize that they should have gotten permits. So, yeah. Um Um, so the stoop that you agreed to improve. Yes. Um, can we get a greater front yard set back?

We could we could try. There's it's a there's a there's like a platform going on that you step up. It the stoop itself goes quite high. I don't know if the board has the photo. So, it's kind of like you go up a landing, you make a right, and then you continue up. So, um, but these columns do kind of jut out in front of that. So, we probably could cut it back a foot or so. Um, I just can't guarantee how far that would be.

Okay. Okay. So, you said this property will be sold, so there won't be a rental. Correct. The current property owner um intends to sell that existing home. My client would only take the new lot with the new home and sell it.

Restrictions. Perfect. Yeah, that area does have many undersized lots 6050 like you said. Um, so I'm not really question. Would anyone like to be heard on this application? For the record, there are none. All right, we're going to close the hearing reserve decision. Leave the record open for we'll we'll yeah we'll submit an amended survey showing those columns down and the new front yard setback. Perfect. Thank you. Okay. Thank you.

All right. Thank you. Thank you and together. So number eight is application 25217. Number nine is 25215. That's Farmingdale.

Solar Automobile Automotive New York Inc. Hi. Good evening, Madam Chair. Uh members of uh my name is Mark Cuthbertson. uh 434 New York Avenue, Huntington, New York 11743 for the applicant uh Staller Automotive New York, Inc.

Okay. All right. I have a planning vision memo dated December 3rd, 2025 for application number 257. Um Department of Environmental Control memo dated December 9th, 2025. We need a declaration. [clears throat] A planning division memo dated December 3rd, 2025 for application 25215. Department of Environmental Control memo dated December 9th, 2025. This application may not result in significant impact. Excuse me. We have survey by North Coast Civil Land Surveying and Civil Engineering dated updated last updated July 22nd, 2022. Um, tax map acted as area map for both applications. And

Madam Chair, there's uh four photographs for each application. So in total, eight photographs and two site plans by Wayne Bennett dated May 18, 2016. And for the County. Okay. Would you like to tell us?

Uh, yeah. I'm here with Mr. Christopher Capiello. He is uh management at the Lexus dealership. This is a Lexus dealership that was granted uh a number of years ago. One of the comments in the planning board uh planning staff memo was with respect to some uh flag banners that were at the premises. They've been removed uh since that was brought to our attention. Um this is a renewal of um an auto use um and also a renewal of a sign uh co or permit. Um so the um I would just on on the um the issue of the signs I refer the board to the prior record where uh we made out the proofs relative to um the signs in the area and had submitted um similar signs uh and to show that this this particular sign was in keeping with the character of the area. um and would respectfully request that the board potentially consider um uh doing away with the five-year um renewal on the sign permit. I I I don't know if that's common, but it in my experience has not been sign has been there now. Um I I certainly understand the that it is, you know, the the normal course of things for this board and the town to have that when it comes to an auto use. I had not seen that as frequently uh with the um sign. So would request that if possible. And then the the other planning staff uh comment was to describe the board to the board's satisfaction. The reason why the approval has not been uh renewed and was

not renewed uh in the time period it should have been and I have to take the blame for that. Um, there was a change in ownership at the Lexus dealership and the file sat in my office for a while trying to come to grips with that and then just I unfortunately never got off the dime, but I did now and I really beg the board's forgiveness for that and to whatever degree um that needs to be addressed, I'm happy to do so, but want to at least acknowledge that was a comment and the fault uh lies with me and not the client. Thank you. it. That's it.

Appreciate it. Um, I just want to have some clarification on the Department of Environmental Control memo dated December 9th, 2025 for application 2527. We will need a sub county department of health services for the existing car wash. Okay. Okay. Yep. All right. I turn here. We go over to Mr. Cortis. Okay. Okay. Yep. So, I'm sorry. Specifically, you need Department of Health Services the current permit for that. Yes. Okay. Yep. Happy to supply that. Okay. Perfect. Thank you. Okay. Okay. Hi. How are you? Good. How are you? All right. So, you answer the question. All the flag banners, they have been removed.

They have. Okay. Perfect. And um change in ownership. So, now we're going to renew in a timely fashion. Yes. Yes. They're going to find a new attorney. Um, have there been any other um, changes made to the building or the site since 2015? I don't believe so. I the survey that was submitted was um, the same as the last one. So, yeah. Okay. And if approved, um, subject to previously imposed CNRS and condition that all site lighting is to be contained on site. Yes. You agree? Yes. Okay, very good. Um, I have no further questions. Madam Chair,

okay, Madam Chair, I make a motion to amend application 25-217 to delete under variances requested to now read all in connection with an existing building. Second question from the board. No. Would anyone like to be heard on this? No application for the record. There are none. Yeah. Hold it. [snorts] All right. So, we are going to close the hearing. Reserve decision. We're going to hold the record open for the Sa County uh Department of Health.

We will get that to the board and I appreciate your time. Thank you and have a good holiday. You too. Thank you. Thank you. Much appreciated. Have a good holiday. Okay. Next application is application 25219 Dear Park. name and address for the record.

Good evening. Brooks Taylor, 5020 Sunrise Highway, Master Pico Park, New York, 11762. I represent uh the applicants, Buddy Industries Group, LLC. Uh we're here to renew uh a special exception permit.

Okay, wait, wait. I just need to do some housekeeping. Um we have a planning and develop division memo dated December 3rd, 2025. Environmental control memo dated December 9th, 2025. This application may not result in significant impact. Survey by John Robinson dated last dated uh December 11th, 2013. Tax map acting as an area map and

Madam Chair, there is six photographs and a site plan by RMM Design Studios dated uh June 1st, 2023. No, so you guys need fire marshall to stop by. We need a fire marshal approval. Okay. Again, we they they do it again, I guess. Okay. When was the last visit? Do you know?

Last year. Okay. Okay. All right. Would you like to tell us? We're here seeking a renewal of the special exception permit to operate the man marijuana dispensary uh in addition to diminished off streetet parking. Uh the from 87 required spots uh to the you know from the to 60 spots provided. Uh those parking stalls uh were granted. You know, this exception was granted last time. Those uh stalls have been striped recently.

Okay. They've been striped. Um and um that's why we're here. I mean, we this why are we late uh in in why is the delay in the renewal? Just an administrative oversight. Uh it just wasn't applied for in a timely manner. Won't happen again. Great. I turn the hearing over. Mr. Montigio, good evening. How are you?

Um, you say it was, you know, expired expired almost a year ago. I mean, that's a quite a big oversight. Yeah, it's a big oversight. I mean, somewhat this, you know, an application what you have going on here, it's kind of a special That's a big oversight. I mean, it is. It is a big oversight. And again, if you want to make it a shorter period to make sure that we that they're in compliance, you know, a six-month period, consent to that, it's not a problem. It's not right away. Um, say the lot was lot was repainted and restriped as well. Correct. That's correct. Any changes to business model since then? Nothing different inside or outside? Nothing. For the most part,

nothing has changed with the business model. Same thing. Okay. It it's it's registered with the state and they they control and and monitor that. If this was approved, you agree to all the conditions that on Yes, absolutely. I have no further question. Madam Chair, any other questions from the board? Absolutely. Would anyone like to be heard on this application? For the record, there are none.

Um, let's just I'm going to go through the conditions really fast. Okay. Um, so the hours of operation, Monday through Saturday, 9:00 am to 9:00 pm. Um, Sunday 10:00 a.m. to 8:00 pm. No on-site consumption of product. Delivery vehicles will be parked inside of the building only and shall be limited to no more than two vehicles. Um, there shall be no special events held inside or outside. And deliveries can be made to customers at all forms of residential property, short and long-term residencies, or private businesses anywhere in New York State. Deliveries are not permitted anywhere else. Okay, understood.

Including but not limited to building, public spaces, including parks, community centers, any school grounds, daycare centers, and houses of worship. I hope everyone knows that. Okay. Um, we're going to hold this for Suffach County planning. So, we're going to reserve decision hold the hearing. Reserve decision. Can I can I just add a couple of facts for you to consider as well? They they you know just a couple things. They paid uh $1.2 million in state tax

last year and to the uh town uh 375,000 in tax was raised. They have 30 employees at the business. There's no violations, no complaints, no police activity, and they've had no parking issues. That's all I wanted to point out. Thank you. We appreciate you guys. Thank you. Thank you.

All right. Next application is 25220 Empire Plant Service Holdings.

Good evening, Madam Chairperson and members of the board. Uh I'm Rachel Shelpo. I'm a land use municipal and zoning attorney with the law firm Fritz PC uh 100 motor parkway uh Hog New York. All right. For the record, we have a planning division memo dated December 3rd, 2025. Department of Environmental Control memo uh stating we will need a negative declaration and preserve natural vegetation. Okay. Survey by Gregory Gallas dated July 14th, 2025 tax.

Madam chair, there's three photographs in the site plan by Nicholas Williamson dated April 30th, 202.

Thank you so much everyone. Uh first I just want to introduce some of the team that's here tonight. We have uh Nick Williamson who's a registered architect with Baka Williamson Architects. Uh Wayne Mueller PE and Joseph Brightenstein uh R&M Engineering. Greg Lavine who's the vice president and head of governmental relations for McBride Consulting. Uh we were supposed to have a representative of the artistry here tonight, Philip Del Rio, uh the VP of operations, but in a scenario much like uh the movie Planes, Trains, and Automobiles, um his flight was delayed and then he tried to get on a standby and there was just no way that he was making it to this hearing in time. Um so, um I will be presenting this application and uh my clients will be watching from California on the live stream. Um, thank you. So, uh, first just to give you a quick introduction to the artistry, who they are, and what they're about. Um, this is an established chain retailer with 12 locations in the state of California. Um, their first store opened in 2008 when California first began licensing medical marijuana dispensaries. Uh, CEO and founder of the artist tree, Mitch Kahan has been with the artistry since its very first store, since its inception. Um, they are a distinctive cannabis dispensary. They harmonize the realms of art and cannabis culture. Um, their stores showcase art pieces. Um, and they have them kind of installed like you would see an art piece installed in a museum. So, it's it's meant to be an attractive looking store. Um there are multiple locations as I stated uh most prominent locations are in West Hollywood and Beverly Hills. Uh

this will be the first artistry located in the state of New York although they are currently exploring other options and opportunities in the Rochester White Plains and Manhattan markets. So the proposed location of this site is uh 900 Broad Hollow Road in Farmingdale. It's tax map number uh 69 block 3, lot 7.002. This is um a G industry property. Uh it is developed with an existing retail building that I'm sure you guys are familiar with. Um it's a very familiar looking building as soon as I saw it. Um it's a 30,68 square foot building, uh 2 unit retail with CO and a fully developed existing retail site. The existing retail tenant at the northern unit is the floor store. I'm sure you guys have seen their sign. Uh that unit is 14,231 square feet. And this would be uh this the artistry would occupy the southern unit which is the subject of this application. That was a Thomasville furniture that closed approximately 15 months ago. So this unit has been vacant for 15 months. The proposed retail square footage for the artist tree is uh relatively small. It's 5,74 square feet with 583 square ft of office space and rear storage area of 9,550 ft. They just don't need all the room that is in this unit. So, the back will remain uh storage area. [clears throat] So being that all we need is a special use permit tonight, there's no variance relief being sought. There's no parking variance that is necessary for this site. We are overparked. I'm going to just walk you through the business model and the operation because this is uh you

know how they operate goes to the special use criteria. So when you walk into this site and you want to be a customer of this site, right? Uh the walk-in experience is as follows. Um, everyone must check in at the front desk and provide ID. There is a check-in person as well as a security guard at the front desk. The customer enters the store to browse uh and the products are all on display. However, they are display only. They are dummy packaging uh dummy boxes. So, no one could actually pull product off the shelves and leave the site. Right. There are employees and associates that are called guides that float around the store with an iPad and they help customers browse and answer any questions about the product. Once a selection is made, the order gets inputed into the iPad and sent to the fulfillment room where the items to be purchased pulled off the shelves within the fulfillment room, right, which is a separate room. Uh the items are bagged and labeled with a receipt showing that customer's name. The name is then called out for the customer to pay at the register and then that customer would leave the store. Importantly, the actual products are stored in the enclosed fulfillment room behind the register deck and the checkout area and the orders are passed to the register at the checkout through the fulfillment window. Um there is an express option and this is a second option for customers. They could buy online, pick up in store. The customer is notified of a time within which their order will be ready. Um their driver's license is entered online, but you still must check in at the front desk with your license, passport, or other governmentissued ID. Everyone must do

this important step. Once done with check-in, express orders could go right to the register, pick up their order where the orders are held behind the register security uh the checkout area. It's a faster option, but the same security measures apply. Um in terms of security, there is a security guard and approximately 45 to 50 cameras both inside and outside this store. The security guards monitor those car those cameras um on a constant basis [sighs] how the product is delivered. There's a centralized purchasing team that enters orders on a weekly basis. A purchase order is entered with a particular brand. The brand looks at the calendar and they must select a time and date for delivery. There are no month multiple vehicles coming to the site delivering at the same time. Deliveries by schedule scheduled appointments. There is a back of store manager. Orders are delivered by Sprinter van. Once an order arrives, it is logged in, brought into the store and entered into the main vault for security reasons, security purposes. Distributors must be licensed and all products are tracked by the metric track and trace system. They are entered into the store's POSOS system. any variance in packaging or missing paperwork is noted and the product is rejected. So, there's quite a lot of oversight that goes into this process. Um, as I stated earlier, there are no variances needed in connection with this application. This is just an application uh for the necessary special permit. Um, there is no parking relief that is needed. We are overparked with 114 spaces where 105 are required. There is more than ample parking for the uses of the site and

that includes the floor store that is existing on the property. We are very very near to the end of the current uh pending site plan review uh where improvements to the site are proposed. So as I stated this is an existing coed retail building, right? And that's not changing retail to retail. It's just a different type of retail. But what we are doing um is we are sort of updating uh certain aspects of the site to make the site uh sort of operate better. Um for instance, there is new drainage being proposed in the parking lot. There were some roof drains that were extending off the side of the building that weren't connected to anything. So as part of this application, that will be remedied. All of those roof drains will be connected and new dry wells will be installed in the parking lot. In addition to new drainage, there will be a brand new dumpster enclosure in the rear corner of the site. Um, improved landscaping. The parking lot is being improved. It is being sealcoated, restriped in addition to repairs being made after that new drainage goes in. Um, let's see. In terms of conditions of approval, uh I wanted to sort of go over that. Um we are asking for additional hours. Um, we would like to propose to the town that the artistry um, they operate in their California stores um, from 7:00 a.m. to 1000 p.m. And the basis for this recommendation is across the current locations. They have successfully and safely operated until 10 p.m. with no late night security issues to date. And that's for their 12 stores that are already existing in California. They have seven years of experience and

understanding of the commuter shopper that largely shops between 7 a.m. and 900 a.m. And that opportunity to capture that customer base in the morning uh that may only shop during those hours uh will prove to be successful for the business but also to increase the overall tax revenue for the town. Additionally, which I think it and most compellingly, um, a significant portion of their senior shoppers prefer and in some cases only shop in with them in California between the 7 and 9:00 a.m. hours. So they find that senior and the veteran shoppers looking for pain relief which is one of their focus areas, their focus uh customer client at the artistry. Um they want to be able to meet that particular customer uh where they are and when they want to shop and their data shows that they actually come in early like early hours um before they kind of get going and start on their day. um and their um their experience and market research existing in uh from their 12 California stores uh bears that out. We have to meet the special use criteria of the board and I know that this board is aware of those but that the use is reasonable necessary will be in harmony with and promote the general interests and community and welfare. Um I would submit that there's no adverse impacts that are being caused by the proposal herein. It is an existing developed site. It is already sealed for retail. We are here uh only for the special permit that is necessary for this use. Neighborhood character surrounding property values. We are improving this site from where how we're coming to the site. Right. It's been empty for 15

months in this unit, um, which was the Thomasson furniture. And we are going to be redoing the parking lot, fixing the drainage on the property, uh, updating the landscaping, a, uh, better dumpster enclosure, right, which there isn't one now. It's just the, uh, the container in the parking lot. So, I would submit that this is going to be a better, uh, use of the property at the end of the day. um that it's suitable for this use and the location is suitable. It's already seeded for retail. This is just another kind of retail, a new type of retail in New York that is coming into this site. um that it's adequate for the estimated traffic from public streets, ensure public safety and void congestion. And we have a very nice large parking lot, which I would also raise a point that I've looked at a lot of the other cannabis retail um approvals that have come through this board and a lot of them uh required other variances as well as parking variances. Even the one right before us was a pretty significant parking variance. I know that Strain Stars has about a hundred or so uh parking variance. There's no parking variance that is necessary here. We are actually overparked. Um and if you're familiar with the site, you know that the existing um floor store unit, it's not a a big generator of parking. There's probably a couple of employees there and then maybe one or two uh visitors and customers to the site at a time. Um we talked about some safety and public safety and the way this operates is in a safe and efficient manner. There are there is a security guard at check-in. they are following all the requirements that they must re uh follow for their licensing and there will be um safety measures for the

parking lot and the s surrounding area. So I submit that there's no risk posed to public health or safety. Um we are not unsuitably near a church, school theater, senior citizens residents, recreation area. um this particular use isn't allowed to be located uh un unnec unnecessarily near those uh those types of uses. So we couldn't even be here without meeting that requirement. Buffer yards and screenings are being improved with this application. Um as the uh screening areas and the landscaped islands are being um improved, there's new plantings proposed. There's also a cutting back and cleaning up what's there and a replacement of anything that's dead, dying, right? Um adequate provision for collection and disposal of storm water runoff, sewage, refues, and other liquid, solid or gaseous waste. We are improving the existing conditions of the site by putting in a dumpster enclosure when there's not one existing now. We're also um we are also improving um runoff, water runoff by um connecting those roof drains that were are currently not connected, right? And putting in additional uh catch basins so that there can be no issue with respect to runoff, groundwater, flooding, etc. the lot area is sufficient for the use and I think that is uh played out in the parking which is more than sufficient for this site and this proposed use the pro proposed use can and will comply with the provisions of this chapter. Again, what's really nice about this application is it is a variance-free application, right? And that doesn't always happen before this board. Um, the

proposed use can and will comply with all provisions of the chapter as well as every other federal, state, county, local law, rule, and regulation. Again, no choice. To maintain their licensing, they have to comply with all relevant requirements. And that the use will not result in an unacceptable level of noise, vibration, smoke, dust, odor, fumes, or noxious gases. and nor will it negatively impact upon air quality. So, I am so sorry to have to go through all of those, but they are the special use criteria that are set forth in the code. This particular use doesn't have its own special use criteria. So, you have to go through that really long list that exists um within the code. Um in terms of no on-site consumption, none is proposed at this time. Um, I would just ask with that condition of approval, we've made our requests with hours of operation, but with on-site consumption, I just ask for additional language unless applications are made in connection with same, you know, in case things change. There's a lot of the law um and the regulations with respect to this use, which are still being hashed out, you know, so there's still this is still playing out in the courts to a great deal. So I would just ask for that additional language unless applications are made in connection with it. But there's no such applications that are pending at this time. And again just the hours of operation and giving a little bit of um a little bit of um grace to the fact that um this is an existing user that has operated successfully on many sites and that um they feel that to support the business they need that little bit of an extension of the hours that are in the memo. Um no special

events. We agree no special events. Um, I think that's pretty much it on the direct presentation. Um, I know we have a couple folks here, so I would just ask for a right to rebuttal when they're done speaking. Absolutely. Thank you. Go over Mrs. Scorites. How you doing? Sorry, I forgot about this part. Hi, Christine. Hi. Um, how many employees are going to be on at the location? Yes, that is a good question. 50. 50. Yes.

Okay. And I know um there was mention of security and security guards is want to check in. Is there one going to be at the fulfillment room there too? How many security guards will it be?

So it's one security guard and that security guard is stationed at the front when people come to check in um and can um move around as is necessary for that security guard. Um so I talked a lot about my clients. talked a lot about security with my clients and um from what I found is they had done a survey of all the sort of existing users in the town and this is how they are kind of all functioning with that security guard at the front desk at check-in from my understanding from my clients. Okay. I mean it was a great presentation. You answered all my questions. Um

thank you. You confirmed No on-site consumption, no special events inside or outside. Um, and then it was just the mention of the hours 7 a.m. to 1000 p.m. Monday through Sunday. Um, right. That's what you're right. Um, so if the application were to be approved, would you agree to the the hours of

I knew that was coming, Christine. Um so we really want to move forward and that is the number one goal right. So um we do feel very strongly particularly with respect to those early hours and look I think that these uses are not all cut from the same cloth right and I think that it is hard to kind of lump them all together but I also understand the rolling out of these these you're kind of the town's kind of trying to be consistent and um and fair and uniform and all those good words. Um, so we we really are not looking to delay this, but I do feel like having spoken with them a lot about this that there really is a a strong argument with respect to those early morning hours. And I can't really imagine what the harm is, right? We put on conditions of approval to address a harm. That's what the law says, right? were allowed to put conditions of approval on a decision as long as they are combating a particular harm that's caused by the application. There needs to be something called a nex like the nexus connection between the harm and what you're trying to solve with that condition. So when I think about 7 to 9 a.m. as their extra hours that they're looking for to address and the benefit is to address their senior kind of uh customers who come in and their older folks that might want to kind of stop here and get what they consider like their medicine, right? Because some of these are med medical license holders. They cater to medical here as well.

[sighs and gasps] So, um, what I'm trying to say is I don't know that I see the harm to those early morning hours versus the potential benefit of being able to serve uh, a community such as veterans and seniors that might want to come to the store before they start their day or when they're out getting their morning cup of coffee or whatever it is. But I digress. I will leave it at that because at the end of the day my instructions are to uh move forward in the most expedient way. Although I do feel like it is a very good argument. Thank you.

Sure. How many entrances and exits? So there's a few. Um why don't I call up Nick Williamson who's the architect for the project and he can walk you through them. need to know. Yes. Yes.

Good evening. Introduce yourself and your address for the record, please. Thank you. My name is uh Nicholas Williamson. I'm the architect of record. My address is 2353 Mermaid Avenue, Wanto, New York. Do you affirm to tell the truth? Yes, I do. Perfect. So, uh, as far as entrances, uh, there are a set of double doors in the front of the space, uh, that's off Broad Hollow. There's two side entrances, and then there's also a rear entrance, which I don't think they plan to use. So,

well, they'll have to use the side entrance. If you look, I believe that's south on the south side.

I don't know, Rachel, if you have uh Yes, she did mention that there are they're just sprinter vans. Yes. No, no, no. They just come to the site deliberately. They're not We're not doing delivery. This isn't a delivery. When I said sprint surveance, when I said sprints or vans earlier, it was for who's delivering the product to the site. I was trying to give you guys an overview of the process when product is delivered. So, um there's they are not proposing any delivery uh vehicles at this time.

To get through the process quicker in the store. So, um, if you put in your order online, you put in your license information, uh, you pick out what you want, the fulfillment room will get to work on that order and they will have it ready for you during the window that you get notified, right? So, instead of coming in, walking around if you kind of know what you want in advance, there's a quicker option. I kind of picture it like going to CVS when they tell you your prescription will be ready at 3:00, right? That's what this kind of is. And even how the pharmacist is located in the back, right? You can't reach out and touch the pharmacist or any of the drugs. This is actually even a smaller window than what you have at the pharmacy um behind a wall that is enclosed for the purpose of keeping product. Does that make sense, Mr. Shepard?

50 employees. How many at a time? That is a good question. Um we So, we're our clients in California are watching the live stream and as you guys know, I always like my clients to be with me because I feel like there's always a question that they could answer better, way better than I can. So, we'll we will just get you that answer really quickly if you give me one minute, maybe less. It's 25, sir.

Yes. Yes. So when you do employee numbers that only comes into play with certain uses in the town code uh which you guys know one of them is like medical, right? So medical you have to do the office rate but then you have to put your numbers of employees on top of that. This doesn't work like that for retail. You just have to do the straight calculation of one space um per two 200 200 square feet.

Any other questions from the board? Would anyone like to be heard on this application? I'm gonna move out of your way. Hi. Hi. Um, I just was in the reference to the hours as another dispensary owner. Wait, I just need your name and address. Uh, Lisa Rippy, uh, 1298 Chelsea Road, Wantor, New York, 11793. If you to tell the truth? Yes, I am.

Uh, as far as the hours, I kind of agree about the early, but I just would hope that it's going to be the way it is, that it's uniform for everybody. So if you change them, I hope that we can be included in that because the way you have it set up is the way you have it set up for liquor stores. And I agree that that's probably the right thing to do. Thank you. Thank you so much. Name and address. Uh Mark Dearo, 139-15 125th Street, College Point, New York. You're from the tell the truth. Am I from the tell? Yes. Okay. Would you like to tell us?

Excuse me. I'm a little nervous. just lost my voice. Um, great presentation. Obviously, hope they do everything they say they're going to do because we have a building that's directly next to the location where they are and things are not all calm there. There's there's homeless, there's people who smoke marijuana in my parking lot. Have two samples I picked up today. And uh so we don't think that we hope that the hours you actually curtail backwards because most of the people that are coming there are coming there in the evening hours and they're going at our location. You leave that up there. You can see where they she is and where the white went up. We're just ded property. That's our dress right there. Up up up up on the corner one Michael Avenue. Right. Right. There you go. That's us.

I am not the owner. Oh, okay. I'm sorry. I wish I was. Okay. So, concern is hours.

Hours that relate to the type of clientele that's coming over. There's no there's no they're not selling any cannabis there now. And the place is inundated with kids that are using the place as a skateboard place and also using smoking marijuana there. And uh we would hope that somehow that could be contained and controlled. It really is not. It's not. I have pictures here. I don't have as fancy as you guys, but I have pictures here of bums and people who have ripped off our place many times, but I didn't I don't have them in a format that you can you pass around but okay

well one of the conditions uh is no on-site consumption so we would hopefully be cutting that totally out that's a good one onsite consumption no hope it gets followed right have to give a that one too because most places they don't they have a nice big sign that says on sign but but let's hope that I I'm aware that I'm probably a loser in this situation here that uh our our our objections are going to be heard, but I don't believe I'll be able to curtail this young ladies uh for I have to rebut that. They haven't even opened yet. Right.

The concerns that you're addressing truthfully have nothing to do with the artistry. Okay. Can I just cut in for a second? The the reason they are only that there's a there's another pot bar cannabis place across the street. Yeah, but that's not I understand that. But they're already here from that place. So to have them closer to us is going to I think make it over a stronger use of more more kids are going to be there. No doubt. Yeah. Thank you. All right. Thanks.

Would anyone else like to be heard on this application? For the record, there are none. Okay.

So, I don't really have any rebuttal except for this. Sometimes I find that when a site is vacant, it leads to that kind of loitering and a place for hanging out. Whereas when you now have an occupant there who is there all day every, you know, during the day, every day, they're showing up to the site. They're fixing up this site. The trees are going to be cut back. It's not going to be um sort of like a vacant site anymore. It's going to be an updated site with some life in it, which we really don't want to see a bunch of empty buildings in the town of Babylon. I know as a resident, right? So, I I would like I I first would like to say that this isn't just a presentation where I don't mean what I'm saying. This was all reviewed with my client and we agree to what we're saying. And I think the improvements to the site um I believe will help with some of the issues that this um this resident of one Michael um uh may be observing at the site.

Thank you. You can only speak once. All right. Thank you. We're going to close the hearing. We're going to reserve decision. You'll get the decision in the mail. Could I just reiterate that we're looking for a quick decision because we are we are kind of getting to u the end of our planning and it would be great for this to kind of all get wrapped up simultaneously so we could head into the building department. So if there's any issue of what I raised with the conditions, I would just like to say if that's going to be a sticking point, we are okay with the conditions as is.

Perfect. Thank you so much. Have a happy holiday.