Zoning Board of Appeals (zba) - Regular Meeting

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 comment 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- ahead. 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? Please rise and join the board in the pledge of allegiance. To the flag of the stands nation andice for all. Before we begin, we have one adjournment on our calendar. It's application 25233. Property is located at 69 East Beach Prominade in Lindenhurst. That's being adjourned to January the 22nd. Is there anybody here on that? Okay. First applications. Application 25237 of Renee Hovance. Property located India Park. Name and address for the record. Happy new year,

Mr. Chairman. Happy new year. For the record, Nicole Bland. I'm an attorney at Bazelle Bland Viscanti with offices at 535 Broad Hollow Road in Melville. For the record, we have a planning division memo dated uh December 29th, 2025. Environmental control memo dated January 7th, 2025. If approved, this application will not result in significant impact. A survey by Michael K. Wix dated October 7th, 2025. Tax map acting as an area map. And there are four photographs and a site plan by uh 10 design group dated October 27, 2025. Okay. Would you like to tell us about the application?

I'm here tonight on behalf of the home homeowner Renee Havanic uh seeking a front yard variance for a small small portion of their existing dwelling. Uh it's located on the southeast corner of Hollings Drive and Totten Avenue. So, as a corner lot, it does require two front yard setbacks. Uh, it zone res has a lot area of 10,241 square feet. The original dwelling was built in 1966. Then in 1988, they appeared before this board for variances in connection with a second story addition at that time as well as uh fencing. As part of that application, one of the variances requested was to permit a six-foot fence to run from Totten to the dwelling, and it specifically says 25 feet. So, at that time, I believe in 1988, they were permitted to have a 25- foot uh setback on that street because the dwelling uh existed and a second story addition was approved at that setback. However, since then, I believe in 2002 uh in RESB, the front yard setback requirements were increased to 30 feet. So after in '89 they the second story was COed but later in 1991 this little bumpout that's 17.5x 10.7 it was a patio area and was it was further enclosed and it was created to be habitable space as part of their house. Um so they're now selling their home. Um the setback is obviously in line with the rest of the house. We're seeking a front yard setback to reduce from 30 feet to 25 ft. um technically were only written up for that one-story addition in the back, but uh they did create habitable space back there. They're trying to legalize and maintain what's there so that they can sell their home um and move on to their new home, which I believe is four houses down. Um they need to downsize. And so, you know, the property is wellmaintained. There's it's been inspected already by um Mr. Harkkins. Everything looks good. There's

no issues or complaints. So, we're just here tonight to hopefully legalize it and just request that we can maintain that setback. Thank you. I'll turn the hearing over to Mr. Montigio. Good evening. How are you? Good. How are you? Yeah, I passed the house. It looks real nice. I mean, the lawn, the maintenance, everything looks real nice. Um, they constructed the they they built it. They did with no permit. Did they realize? So, they it's it's they had gotten they done all that work and got the permits for the second story edition um and even came here for variances. And then in 1991, I don't know, it was the 90s, things happened. They enclosed it and here we are. Is there any kind of

but it's been inspected. Um, so everything now they have the electrical underwriter certificate and all that everything has passed. All right. I have no further questions. Chairman, any other questions from the board? Would anyone like to be heard on this application? For the record, there are none. The chamber like to approve application 25-237. Second. All in favor? Good luck. Thank you. Have a good night. No condition.

Next application is applic Oh, application number two is being adjourned until uh January the 22nd. Next application is application 5232 of Leo and Ellen Marie No D. No. Cola property located in Babylon. I think this is North Babylon, actually. Name and address, Mr. Farrell. Good evening, Mr. Chairman, members of the board. For the applicant, my name is John Farrell with the firm of Sunward, Braf Kashagnano. Our offices are at 1300 Veterans Memorial Highway, Sweet 100, Hop Hog, New York.

For the record, we have a planning division memo dated January 6, 2026. uh environmental control memo dated January 7th, 2026. If approved, this application will not result in significant impact. Uh have a three photographs uh tax map acting as an area map surveyed by William Simmons data 42125 and chairman is seven photographs.

We also have a number of correspondence. Six correspondents in oppos opposition to the application. Would you like to tell us about the application? Sure. Um I have not been provided with copies of that uh correspondence are in opposition. So if the board has extra copies, I would like to review them. Yeah, we'll give them to you. No problem.

Uh the subject property is located on the north side of Village Line Road. It's approximately 587 ft west of Deer Park Avenue. It is located in Babylon. Uh the village line runs right down the middle of Village Line Road. Uh it is in the North Babylon School District. Uh the property is 50 ft wide and 177 ft deep. It's a total of 8,850 square ft. It's improved with a twostory single family dwelling. It's located in a resident C district. Uh in addition to the dwelling, my client has uh an accessory building and some accessory structures uh including the a sauna, a shed, and a cold plunge tub. Uh these structures are are what bring us here tonight. They're relatively minor in nature when you view them in in, you know, in context of the surrounding community, and we don't think they have a negative impact on the area. We're here tonight. We need relief. uh from from several things. Uh we need a reduction in front yard setback because we have a secondary front yard of Oakrass Lane. Um though I'm not quite sure I agree with that. Um because there is townowned property uh behind our lot

and then at beyond the town owned property is Oakrest Lane. I would submit that that property blocks off the secondary street frontage. We don't have secondary street frontage. The street frontage is on the town owned lot that's behind us. And if that's the case then uh it it changes the nature of the application uh mainly because instead of the reduction in the front yard setback from 40 ft for some of these structures it would be to it would be a reduction from six feet. Um so for example the permission to diminish the front street line from 40 to zero for the outdoor shower would be from six to zero. Uh the diminish the front street line for the sauna from 40 to 2.1 would be from 6 feet to 2.1 ft. To diminish the front street line from 40 to.5 for the shed would be uh based on the size of this structure. I believe it would be a 6 foot. Um though I'm not sure because I believe this structure is large enough to constitute an accessory building and not an accessory structure because it's larger than 100 square feet. Um so I would defer to the board's uh opinion on that. Um to increase the total building area from 30 to 30 32% uh that stays the same. Uh to diminish the distance from the west side from 6 to 2.1 for the shed that remains the same. And to diminish the uh diminish the distance on the east side from 2 to 7 for the cold plunge tub that remains the same. Um on item number seven to increase the number of accessory structures from two to three. I believe that that was uh an error as well. Uh and the reason I believe that is because if the shed constitutes an accessory building because it's larger than 100

square ft, we are permitted to have a single accessory building and two accessory structures on the premises. So that would eliminate that variance alto together. Um, I know this is is coming up at last minute. I was hired after the denial was issued. Um, I I wanted to get this application in because there my client has been repeatedly harassed by his neighbor uh for the past like eight, nine months. And we want it to stop. And I think the only way we can get it to stop and get the town to stop sending people to his house to inspect is to get the certificates of occupancy. and I felt like coming forward tonight and and moving to amend the application would be the straightest quickest path to do so. Um, if you I was reading the planning memo and and one of the things that was was suggested was that the uh structures be moved away from the property line uh joining property lines further away because there's enough property on my client's lot to do so and it would have less impact on the neighbors. I would submit that there is no impact on the neighbors. If you look at the aerial photo of this property, the neighbors all have the same length lots, there is nothing behind this far back in their properties. Um, if we moved it closer, moved it further away from the street, it would just be bringing it closer to their homes and it would actually to the extent it has an impact, it would have more of an impact because it would be closer to their dwellings. Um, though I do question whether or not a sauna and a cold plunge tub tub actually have an impact. This is not a sports court. It's not even a swimming pool. Um, these are things that are used for rest and relaxation. You're not

generating a lot of noise when you're in a cold plunge tub or when you're in a in a sauna that's enclosed. Um the I know the inspector was out last week. Um I know there were some questions about the use of the shed. The shed is used for storage. There should be pictures in the record uh that the inspector submitted. Um there is an electrical panel in the in the shed that is to provide service for the cold plunge tub and the sauna. We need the the electric for those two those two systems. But there's no habitable space. will agree that it will never be converted to habitable space. Um, I think my client would even agree that if these structures had to come down or be replaced, he would place them in in a location that was appropriate uh according to the required setbacks. Um, if the board has any questions, I'd be happy to answer them. Though, I would like to point out uh the I know the issue was brought up about the fence. Um, everybody along Oakrass Lane that fronts on Village Line Road has a fence that is similar to my client's fence. Um, many of them have been replaced. There are what appear to be new vinyl fences. I don't believe any of those residents have applied for for building permits. Not to say that we haven't, but I think that my client did not realize he would need a permit as it was just kind of matching what the other uh residents in the area did. The board has any questions? I'm happy to Okay, turn here over to Miss McCulla.

Okay, thank you. It is a very busy application. It it it is on paper. It is on paper. Um All right. So, when was the property purchased by your client? 198 something, right? Okay. Okay. 32 years ago. So, we've been there for some time. Yeah. So these all these structures have been built constructed at some point within that time frame. It wasn't purchased with any of these structures. Cored was always there. Um the shed's an older structure. Okay. Um the cold plunge tub and the and the the sauna are are new.

Okay. Um are you aware that some of these items are on you guys are utilizing the town of Babylon right away? Um, the only things that encroach on the right of way are the shower area, which is really just the the the grade level of the shower. It's it's really just rocks. It's not anything significant.

Um, the planter my client put there um to provide some height and some screening for the for the residents on Oakrest Lane. He's happy to remove that. If the board wants wants that as a condition of the approval, he'll take the planter out completely. Um the fence I I I mean I think according to the planning memo that wasn't called out in the letter of denial. I'm not quite sure why. So we'll have to deal with that on a separate separate yes in a separate application. Um, we had we received some complaints about a kitchen being in the shed building, whichever you want to label it as. Yeah.

Was that ever the case? No. Never a kitchen. No. I mean, look at the If you look at the pictures, I saw it. No, no offense to my client, but it's a pie. I saw it. It's just I mean, he had his kids are older now. Um, actually, his son works with me at my law firm. um you know it's it's storage that they've just accumulated over the years. He does not have any living space or any habitable space. The electrical panel that's in there is strictly to service the sauna and the cold punch tub. Um so both of those items would still need a variance as well.

Is there any type of some dialogue there to move those in? I I wish there were. Um, I think it it it it presents a lot of challenges to move those structures. Um, I I would I would love to say that we we could do it easily, but but the fact of the matter is they're in they're in the the least intrusive location of the property. Um, when you're considering the neighbors, there's nobody behind us and the property is on either side. There are no structures on the property. So, it's really just these structures that are there and he's not having an impact on the neighbors.

So, is there water going to the sheds or No, there's no water in the sheds. And we determined that there is electric in the shed, right? There isn't. There is electric. There's a light in the shed. Um the inspector was there. He didn't note anything out of the ordinary for a shed. What about like hooking up to the waistline or anything like that? Nothing's hooked up to that. No, absolutely not. Um there's something on here about a permanent basketball court. Can you talk to that? I'm sorry. I um Yeah. Yeah. I don't I don't know anything about impressed.

I I I the house has been inspected so many times because the neighbor this this it's silly because we're here because this started as a result of a parking dispute because my client's car was encroached in the front of the neighbor's house. He didn't like that there was a dispute and the next thing you know inspectors start showing up every day. He's called the fire marshal. He's called the building inspectors. is called code enforcement. Everybody's been there. Everybody's inspected it. These are the the items that we're here for tonight are the only things that don't comply with the code. Um so what's your take on this though that this is actually a backyard

because there is property between the curb and the there's a tax lot behind my Yeah. It's a it's an official tax lot. It's not like it's part of the right of way. It's a tax lot that's owned by the town of Avalon. It runs the entire length of Oakrest Lane uh from from Deer Park Avenue down to uh whatever I forget the name of the creek. Sounds Palms Creek. Yeah. Um you know, in my opinion, that's a it's it's not a buildable lot, but it's a lot. So, if that's the case, then it takes these variances down substantially. very very significantly. Yes,

I do know we maintain along Oakrest. We cut and clean behind those houses, you know, cut and trim back and stuff. So, do know that's on our to-do list for highway. Something we're going to have to look into. No, I look I I understand it was when I started, you know, looking into this, that was the first thing that that kind of popped out to me was, well, why are we being treated as a secondary front yard when there's a tax lot behind us? The town's telling us we're encroaching on the tax lot if it we're crouching on the tax lot. Then

is the electrical panel does it have an underwriting certificate? I don't believe it does, but we're going to have to get one as part of the a part as part of this application. Um, my client is is does, you know, he's he's very handy. He does a lot of his own work. He owns a bunch of restaurants. Um, does a lot of the work himself, so he was able to to take care of it by himself. We're sure it will pass. We haven't had any issues, but obviously if as part of the building permit process, we'll have to get the underwrites. Where where' the elector come from? The house. Yes. came from the house. He ran a ran it underground. Yep. And the plumbing for the outdoor shower, is that separate? Is that from the house?

I I mean, I don't know. I'd have to I have to look into that cuz I don't know. It's really just a hose bib that's high with a shower head on it. So, I don't know if you need a plumbing permit for it, but Is it fed by a hose or is it fed by a It's fed by a pipe. By a pipe. Yeah. We have to look into if we need a plumbing permit, we will make sure we get one. Hot and cold or is it just cold? It's I believe it's both. All right. So, it's out of the basement. Yeah. So, we will need a plumbing permit for that. And the drainage. Uh there's a there's a drain in there,

but it's not I mean it's not a heavy use thing. It's it's that there's black stone in there that kind of dry kind of thing. What's that? Like a drywall kind of thing. Basically 55gallon drum. And he he bought a he bought a he bought a dry well that you would use for an outdoor shower. Dug the hole, put it in

Brock. Yep. and we're unable to move that because we usually we're not favorable for granting outside shower areas that are not attached to the home. So, um I mean if have to talk to my client if if there's really an objection to the the shower area, it it I I can see if we can remove it, but I think that the the shower head itself is on the property. It's it's really just the the base that kind of extends over a little bit and it's actually more so that it's detached. H

it's more so that it's like detached in

but yeah I think look I think when you have the the sauna and the cold punch tub I don't know you know the way I understand that it works is you go in the sauna get your sweat going you rinse off in the shower and then you go into the cold cold plunge tub supposed to rejuvenate you it's supposed to be good for your muscles um I think the shower is part and parcel of that because you wash off the the stink, if you will, um before you get into your cold plunge tub so you're not constantly changing the water. Um if it's a matter of of of cutting off the outdoor shower or relocating the outdoor shower, we we baby do that. But

why is all all so far from the house? Like why is it like you're on display from that road back there? I mean, you got to shower and do everything away from the house. You got to walk. Well, I think well, everything is is is kind of low. It's below the fence line. When you drive down Oakrest Lane, you can't see any of this stuff. When you walk out of your house, the back of the yard to take care of all this business, and then you're going to walk back three yard back to your house again.

Well, I mean, location, preference of location is is something a lot of different people consider. I think that if you look at the ability to run the electric from the shed to the the structures, it makes more sense to put it in the back. I think if you're looking for, you know, what those things are really intended for, peace and tranquility, I think you want to put it as far away from the house and as far away from your family as possible, because that's really the only way most of us get peace and tranquility. Um, but um, but don't tell nobody tell Rachel I said that. edit YouTube later. Um, so I I don't know. I think that was the reason for the selection. It's it's the furthest away. It's the least impactful on the neighbors. Um, it's also a quiet area away from the hustle and bustle of the house. So, this this is not part of the application, but I'm just curious like is there like a lot of activity that goes on back there or parties or anything like of that nature? I mean,

it's a complete opposite, I guess. No, I mean that's that's that's the crazy like my client's very very quiet. He's very busy. He he owns several restaurants. He's constantly working. He does he's not really home that much to to to entertain and and have parties. So, I I don't know, you know, that that's it's not a thing. Again, it's not part of the application. Yeah. Yeah. Yeah. No, I I know. And I'm trying to give some color like my clients, you know, he's a very busy man. He he has this little area in the backyard to kind of rest and relax and and that's what he's trying to do. Questions? Any other questions from the board?

Would anyone like to be heard on this application? No, no, no. Come on up.

I need your name and address for the record, please. Um, Karen Caparel, C A P O R A L E 27 Oakress Lane, Babylon, New York. Okay. And do you affirm to tell the truth? Of course. Okay. What would you like to tell us?

Um, I moved in in 1990. just as if I can give you a very quick overview. Um, just before I moved in, apparently there were a number, and I don't know whether you were one of them or not, a number of residents on Village Line that wanted to um extend and create frontage using Oakrest as an inout and that was defeated and we're very happy about that on Oakrest, particularly me who just moved in afterward um living there. Over the years, I'm noticing, and this is the part that have your pool, have your coal plunge, have your whatever.

But my point is the the line of the fence has been pushed. Now, is that town property? Is that the gentleman's property? This is something that I've seen over the years that neighbors on village line have taken upon themselves to help themselves to, you know, extend everybody over there, right?

And the area is it's it's very it's terrific for me and my neighbors because it's quiet. We don't have, per se, neighbors across the way. We're seeing their backyards and that's lovely. No complaint. Um, but I just feel as if this is perhaps a step. And if you accept it, fine. I accept it. Um, I just question whether that's an okay precedent. And you know, we do appreciate that that property, the town property. Everybody walks their dogs there. Um, I don't object to that. I have a dog. Tons of people come around the block and from the area and walk through Oakrest and that's fine. Um, so that's my only comment. I I don't mind the structures. I don't I'm not offended by, you know, what's there but I'm bothered.

You're bothered but all the neighbors have kind of pushed out a number of them. I won't say all of them. Okay. And that's my only comment. So Okay. Thank you. Thank you. Would anyone else like to be heard on this application? The record there are none.

Okay. Any last comments? Um, no. I I think that the structures itself fit within the character of the community and we request that the board approve the application. Okay. We're going to close the hearing. Reserve decision. You guys will get the decision in the mail. Thank you very much. Okay. Thank you. Good night. Telling Rachel, by the way. Yeah. She knows. Next application is application 25234 property located 148 Long Island Avenue in Wanch.

Name and address for the record, please. Hi, my name is Robin Asan. The address is 148 Long Island Avenue in Dent, New York. And you affirm to tell the truth? Yes. And for the record, we have a planning division memo dated December 29th, 2025. Uh survey by CSE land survey dated July 16, 2024. Environmental control memo dated January 7th, 2026. 26. If approved, this application will not result in significant impact. tax map acting as an area map. And

chairman, there's three photographs and a site plan by Steven Afelt dated March 11th, 2000 I mean May 11, 2022. Okay. What would you like to tell us about the application? What would you like to tell us about the application?

Okay. Um, we we bought this house like um 11 month. So we live over there me and my wife and four kids. After 3 months we bought the house. My mom was living in Florida. She asked us to come and to live in New York with us. So we we accept that she already inside the house with us. But we don't have enough room for all families. This is the reason I asked if I can build a room on the top my garage for my mom.

Okay. Anything else? That's it. Right. So, this h Okay. The house was built in 23 24. 24. Yeah. And when you came here at that time, there was condition put on it that a covenants and restriction put on it that no further expansion of the dwelling. And now you're back here asking for an expansion of the dwelling. Were you represented by council at the time?

Um I don't know if something already happened you you said, but the only thing we just uh we knew over there. So when I leave over there like um February last year. So when I find and I feel I would like to do the expansion on top I asked the builder to do that. He said he don't think they going to ask allowed me to do that if I can build a I if I can build a womb inside the first floor. So me and my wife decide to keep the house like the way it is. So sometimes we got big family or guests coming inside. That's why I don't want to do something on the first floor. I would like to leave it like this. I think to build the wall on top.

Did you have this house built? You have to come in and Yeah. Yeah. But you have to be sworn in. You can help. Yes. Name and address for the record, please. Jose Espel um 229 West 24th Street Park 11729 and do you affirm to tell the truth? Yes sir. Okay.

Um I built this house in 2024 and I sold it to Mr. Robinson and um I explained to him in the beginning um to leave this u coven restriction is going to you know we he have to try him and the variance and all of that stuff. So I suggest to him just build a room in the first floor and put your mother there because we got this restriction but he don't want to do it. He wants to keep the first floor open concept and uh he wants to keep all the rooms and and the and the second floor and uh I tell him we can try I mean uh we can try hard and we'll see what happen. The I mean might they can approve it might not. So we give uh um um new plants, we provide um new joints and that's that's what that's why he is his application to leave the covenant and build the room in the existing garage. Um uh second row

we almost never lift the covenants and restriction once it's imposed. Okay, I won't say never never but pretty much never. So we are probably not inclined to approve the application. Okay. But you know that's

so yeah I I explained to him um I I explained few times because when I built the house when I get the approval on the on the on the new dwelling I I know I got all of these restrictions. So I explained to him I said I don't know I don't Abby you want to try but he keep assisting all I need a room for my mother. Um, I don't want to do a room dams on the first floor, which is I tell him, it's gonna way cheaper. You're not going to spend $60,000. You don't have to de But he keeps saying, you know, I don't want a room down. I want a room.

I understand what he wants to do. You know, like I say, the thing is there was a covenants and restriction and it's very current besides and you know, uh, lifting that's going to be going to be a big stretch. Okay. I don't know what to tell you. Anything anything further? Um, nothing else besides that. Any questions from the board? Would anyone like to be heard on this application? Nope. The record, there are none. So, we're going to we're going to close the hearing. We're going to reserve decision. You get the decision in the mail. Okay. All right. Thank you. Thank you so much.

Thank you for coming down. There's two more right there. Next application is application 25231 of Popeye's property located on Broadway in North Amityville. Name and address for the record.

Good evening, members of the board. My name is Dean Kubis. My address is 121 Newbridge Road, Hicksville, New York, 11801. Okay. You affirm to tell the truth? Yes, I do.

Okay. Let me write read this stuff into the record. We have a planning memo dated December 29th, 2025. Environmental control memo. Environmental control memo dated January 7th, 2026. If approved, this application will not result in significant impact. Uh Suffach County planning memo dated January 7th, 2026. A decision of local determination. Take no position for or against. tax map acting as an area map and we have a plot plan that is undated and unsigned and chairman has four photographs. Okay. What would you like to tell us about the application?

Great. Uh we're seeking variances in connection with the proposed Popeye's restaurant to be located at 756 Broadway in Amityville. This is a new build restaurant on the site of the former Mitch uh former Mitchell's 110 diner. The pro property is in close proximity to other fast food restaurants including McDonald's, Taco Bell, and Pooo Compero. The pro the proposed Popeye's restaurant will include indoor seating and a drive-thru and signage is necessary and customary for this type of use. Uh based on the planning department's comments, the the remaining issues appear to be with um minor and I feel like I could um explain what variances we need and why why we need them. Um I'd like to start with the ground signs. The ground signs were proposing a height of 3 feet where the code is 2 foot6. That is a rather um small 6 in increase from the code. Um, and it's necessary to um for the, you know, for the visibility of the cars coming in in and out of the property to see the entrance side, the exit signs, where the drive-thru is um and and so on. Um, this sign is a these signs are standard for other Popeye's locations, the newer design Popeyes anyway. And from what I understand, they are um prefabricated and um they you know they they they come this size. That's why we're asking for them at at this size. Um in addition to the ground signs, we're also asking variances for the wall signs. We have and if you take a look at um my board here, we have um two primary signs

which are like the Popey. This is the this is the front elevation facing Broadway. This is the south elevation um fa facing Lindy Avenue. So these are the two biggest wall signs that we're asking for. Um, we have one wall sign facing north. That is that is this small one. It's a three-foot diameter and that's a blow up of it. It's a three-foot diameter um you like medallion style sign. This one and the three signs that I just described are the main signs and they are illuminated and they you know they are necessary to the store. This one facing north is a reduced size because it is facing a residence in that direction aides from traffic coming south on Route 110. Can see can see this sign, but there is a there is a house just to the north of um this property. So, this was designed not to have a big wall sign over here and just have that small medallion style sign um which would be illuminated and shut off when the business is closed. Um, the remainer the remaining signs that we're asking for are I would like to more so consider them as branding and logos rather than signage because we have we have the famous Louisiana chicken. We have a silhouette of a chicken. We have love that chicken. But all all three of these signs, they all have require variances for um more so for being more than six feet tall. Like this bigger one is 8 foot six tall. The chicken is 6'3. Just a small deviation from what the code is.

And this other this other one is only is 6' 1/2 inch. So again, very very small deviation from what the code is. And it may appear to be a signage, but I again I'd like to just emphasize to the board that these um these logos that um I'm talking about here are really branding and slogans and uh they and and they're also not illuminated and they are um thin acrylic panels which are fixed to the brick or to the material of the wall that they are are located on. So there's no illumination, there's no sign box, there's no they're not they don't stick out. They're very thin um letter panels which get fixed right to the uh brick. Therefore, I feel those are those signs are secondary in nature. Uh again with the the newer designs and the newer um Popeye's locations, this is what u they are proposing at other locations as well. Um, there is really only one um residential neighbor that could possibly be impacted. As I mentioned, it's the neighbor to the north. It's just one house um which is immediately next door to this property. Um and the largest sign is that um this one that's facing their house like as I mentioned it's not illuminated um and it will have minimal impact to them. The illuminated sign facing their house again is the round one.

And there is no signage proposed in the rear of the property and there are some residential properties behind our property. There's no signs proposed facing the rear. Uh given that the property is surrounded more so by commercial um properties, there's a gas station across the street. There's some offices and other businesses um other restaurants in that immediate area. Um we feel that the variances we're asking for are minimal in nature. We kindly um request your approval. Okay. Thank you. Turn the hearing over to Mr. Peri. Good evening. How you doing? Good. So, uh we'll start with the wall signs that you just mentioned. You do have a lot of them.

And also, I mean, do they need to be that big as well? Is there any way that you can remove any of them or you know to just reduce the total amount of variance requested? Okay, the speaking to my clients these these these come the way they come. I I can't ask, you know, like I can't ask for I mean I I pro possibly could ask for a smaller version of these signs, but again, fabrication ordering. I I don't know what it What if we just eliminate some of them? Yeah. Question. The love the chicken that's facing the house, the resident, right? Why do you need that sign there?

This one is the one that's facing the house. It's along the drivethru. It's along the drive-thru lane. I mean, is it really necessary there? And it's huge. I mean, I don't I don't want to um you know, I'm here I'm here to request the variance. Um if possible, we'd like to get them approved as requested. If we can't, we there you know, there's definitely um you know, I understand the store could open if we don't get them all. Um, speaking to my clients, the absolute must is this chicken logo in the front. It is part of It is part of the design of the which is also huge.

It's huge, but it's only three inches bigger than the code. Um, whereas opposed to this one is like two and a half ft bigger than. So, this one's like 8 foot six. This one's 3 in. Maybe they can do something with it just to trim it a little bit. What about keep what about keeping the chicken then get rid of the other ones? If that one's the one that's the main purpose. I mean that that's the one that's front out of the three which are logos. Let's just say I would say that the chicken is probably the more important one.

Um maybe this one if we you know I'll leave it up to I'll leave it up to the board. Um, I mean, like I said, I'd like to get them all as requested, but I understand we I don't want to do that, but you know, I mean, what are and I have a reason for my why. What are the hours of operation? And I asked because I don't when will these lights be on? When will they be all right? I I'm not aware of what the proposed hours are. Um, they I can't um and I I should I could find that information out. I would say in line with whatever the other restaurants are in that area. 12 10. I I don't I don't know what their proposed hours are, unfortunately.

So, yes, speak to your client, Steve. Look, we're fine. I mean, I'm okay with the chicken, but the other ones, see if you can speak to them. They can be removed. Maybe speak to your client, get back to us, you know, our feelings about the signs and, you know, and also get back to with the hours of operation and so on, you know, how many employees, you know, that was kind of Yes. Can um do you mind keeping the record open while I make some calls and we will you could take someone else and I'll be right back. Um so my other question though is also the the two signs in the front for the entrances, exit, and drive-thru. Yeah. Um do they need to be that size and can they be redesigned to um the town code?

They they can be redesigned, but they already have them. That's the That's the challenge. And I understand that. Maybe they should have, you know, checked the code before doing, you know. Yes. Okay. Um,

1:00 a.m. Yeah. Can you confirm the hours? I'll confirm the hours. You'll get back to us with that. All right. Right. Okay. Um, anyone I have no further questions of Would anyone like to be heard on this application? For the record, there are none. So, we're going to close the hearing. We're going to keep the record open. You'll get back to us understanding that we'd like to see some of these signs removed and with the hours of operation, how many employees and so on. All right. All right. Can can can that happen tonight? I'm sure I can make some phone calls and

No, you're going to have to get back to us. You need to respond to us in writing actually if you're going to eliminate some of these signs because then that changes the variances too. Understood. Okay. Meeting next week. So yeah, we have a meeting. All right. All right. All right. Understood. Thank you. Thank you. Okay. Thanks. Next application. Application 25235 of Ty Kings Collision property located in Deer Park. Name and address for the record, please. Cecilio Joseph, uh, 255 Skidmore Road Park, New York. And do you affirm to tell the truth?

Yes. For the record, we have a planning division memo dated December 29th, 2025. Environmental control memo dated December 17, 2025. If we were to approve this application, it would need a negative declaration. Suffach County Planning Memo dated January 7th, 2026. Decision of local determination. Take no position for or against. A survey by Peter J. Barberson dated November 5th, 2022. Tax map acting as an area map. And

chairman, there's five photographs and a site plan by Michael Scott Sudano dated August 18, 2025. We are missing the fire marshals report. Well, they came today. Okay. We have not been received. We didn't We haven't received it yet, though. So, okay. I have it right here. I have it right here. He has a copy of You have a copy? Yeah, I have. Yeah, I have it right here. Is that the only copy you have? Yeah, but if you need it, you can have it. Well, you might need it. Make a copy. Okay. Okay.

Okay. Would you like to tell us about the application? Uh I work as a auto a mechanic auto body. Um I was at 3 I was at um 370 Comarmac Road and I moved to 255 for a bigger building. so that I could fit the cars inside. I plan on fixing the cars and um working for a living like everybody in America. All right, I'll turn the hearing over to Mr. Montiguio. Good evening. How are you? Um are you doing work there right right now?

Yes, I'm I'm disassem disassembling the cars, putting them back together. You have no seal right now to be working there right now? you know, I don't have nowhere else to go right now. I was at 370 and um it took it took so long to get to this place with the architect and everything that the the old landlord said I couldn't stay there no more. So, I came over to I understand, but you can't just go ahead and do work with no co there. Um I mean, I could stop. What's that? I can stop if you need me to stop. And what's like the business model? I mean, you have time of days, I mean, employees. What you what they got going on there.

Uh it's is myself and two family members. One I I I fix I pull the frames. Um the other guy he does like the high-end mechanical and the other one does like the detailing. employees and you three all three of us all together. Yeah. Family members. Family members and hours of operation.

Uh 9 to5 every day. Sunday too. Saturday, Sunday. 9 to5. Every day is work day. Sometimes Sunday, you know my wife be mad. Know if my wife be mad sometime. So, usually 100% six days, 9 to5. How about outdoor storage? You keeping anything outside overnight?

Uh, the landlord told me I can't really keep nothing outside. So, sometimes during the day, I might put two or three in the front, but at the end of the day, in the building, you don't want nothing outside. Something about the um the fire department If they have to come down the alleyway, they need space.

Are you painting cars there? I want to. Are you currently? No, not right now. I would like to, though. I would like The fire marshall was there. So, you're going to need a spray booth if you're going to paint? Yes. I want to I want to apply for um a permit for a spray booth. Okay. But just to make the money right now with the mechanical and the disassembly, I'll do it there. And then uh maybe in about a month, I want to apply for the spray booth. I already put a deposit on a spray booth because I that's my my majority of my work. I want to do painting cars and and and doing high-end uh repairs.

Okay. So, you realize you're going to need a permit for that spray booth and you shouldn't be spraying anything without a spray booth? No, I'm not spraying now. Okay. Right now, I'm doing like assembly. I'm doing the when you get the parts at the base coat and you put everything together and then give it back to the dealer or give it back to the car dealer. And that's how I'm doing it right now. But I really want to paint soon. What's your um relationship with your landlord? Because he's got an open case here with somebody else in the building. He's okay with me. I don't owe him no money. You know what? That's good. Is this your first application here with us?

Yeah. So, is the is the owner of the building here? That guy over there right there. Yeah, that's his family. So, can you come up for a second now? He was here last week, too, by the way. Okay. I'm going to need your name and address for the record, please. Jacob Curali, Fort Lancing Lane, Northport, New York, 11731. Okay. Do you affirm to tell the truth? Of course. Okay. So, tell us about the situation there. Um, tenant at 245 Skidmore Road. Yes. There's a tenant there.

Yes, this is the tenant. Yes. There's actually in the same complex, there's actually someone registered already. So, he's trying to get registered right now. And I don't think there should be a problem with that. Um, of course, no outside storage. We're going to follow the rules and if you guys need us to do anything, we will do it. Um, and about the other case, basically what happened was was um I was just going to wait till the after the new year, then one of our buildings went on fire on New Year's Day. So, I've been so on with that that I couldn't got a chance to finish it.

What do you explain what you mean by registered? The other guy was registered now. He's getting registered. What? Registered for what? What do you Well, I I have a a New York State R number license. Okay. All right. So, I have to make they they told me New York State said that I have to um transfer the license from 370 Comarmac Road to 255 if that's where I'm doing business. And I have to show that I'm permitted to operate as a auto repair. My license is auto. Do you need our approval? Yeah. To work. Wait, I don't know if this went over my head or not. So,

like in New York, the other tenant. No, I'm talking about this guy. No, I'm referring to the other tenant. The other tenant. You have a open case in second district court. Oh, yes. No. Well, I went like two weeks ago, three weeks ago. So, that's being handled. That's Yeah, that's being handled, but it's on hold right now because because of the fire. Yeah. Okay. Thank you. So, you're addressing it. You're taking care of it. Okay. I've been very um of insurance companies. Okay. At the Yeah. Just to be clear, you requested auto body repair. That's what you want to do. That's what I would like to do.

Yeah. My license right now is only auto repair, but I'm going to amend it after I get approval because I took some classes to do uh auto painting and stuff like that. I would like to more do auto painting. Although I I I was definitely stay with my auto repair, but I would like to encompass the um auto spraying approve you to do auto body if you don't have a permit to have a spray booth to properly do that. So, you're going to have to submit at least submit the application for the spray booth.

Yes. The lady from uh the fire marshall told me she said she wants me to submit um uh a permit for the spray booth, a permit for a paint machine, which I bought already. I bought it and um I'm I'm ready. I just have to wait till I give her the paperwork. I told her I would give it to her Monday. She told me to fix uh the door cuz the door was blocked with a piece of wood. So, I fixed that. She told me to fix a smoke detector and the fire the the fire extinguishers that I had on site. Um this the company that does it, Advantage Fire Protection. Um last year I didn't do my this year's inspection. So, she told me to Mon. Well, I have the letter here that they're coming tomorrow to do the inspection. So, I'm going to give that to the fire lady also. The fire marshall.

Yeah. Um, what about what how much of the build how much of the building does he occupy? How much square feet? How many tenants are in the building? 4,000 4,800 square ft. Say how much? Uh, it's the baseball guy. It's me, it's the cabinet company, it's the uh shipping guy, the Chinese gentleman, it's the um the mechanics. There's a lot of attendants there. Okay. And a body shop. And one other question. Are you going to be applying for any towing in town of Babylon? I don't own a tow truck yet, but I would like to do that

at the current. No, you need to apply for that too. Also, if you're gonna if I can if I if if I could apply for it now, I'll do it for the future. You need outdoor storage and you're not permitted outdoor storage. Oh, that's not going to happen. I'm not buying I'm not getting another building. This is it. Okay. So, the parking lot area needs to be repaved, restriped, I believe. I thought we did that this week, but I guess we didn't. So, it would definitely be done. Great. Although whether it was done or not, it needs to be done. Perfect. Any other questions,

just so you understand at some point, they impose covenants and restrictions that you'll get if they approve it that you'll have to file with the county and that tells you certain rules that you can't do. Can't do any work outside. You can't handle outdoor storage and we'll list a bunch of things. No, no, I don't work outside. You have to You would have to agree to those. Yeah. Yeah, I agree to that. I don't have no I don't have no reason to work outside. I got 4,800 square ft. I could fit 30 cars in there, so I'm okay. I close the door, I put on the heat, and I stay inside and we push it out. Other things in there, oil removal, you know, things.

Yeah. I I hired the a company called Safety Clean and I have four drums and she she got it on the uh um the report. I got four four drums. I can't have over five, she said. So the four drums they come and clean it out maybe every two months, three months, take away the oil, take away the antifreeze and things like that. All right. Are you going to get back to us whether it's been striped and whether it will be striped? I know it got paid. Okay. We did the patchwork. We did patchwork for the all the potholes. That was done last week. Yeah. But we will stripe the parking lot.

Okay. We're going to make it a condition before we approve this application. Okay. So, if I if I call my guy right now, go out and stripe it. Yeah. We're not We're not approving it now. I'm just saying if if we were to approve it, before we would approve it, it needs the striping needs to be done. The whole the whole parking lot. Yes. All right. I don't poke outside. It's his property, though. That's Okay. Okay. Yeah. I don't I work inside. Yeah. No, it's not just for you. Oh, okay. All right. 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 the hearing. We're going to keep the record open. You're going to get back to us on, you know, the striking of the talking about it, right? Yeah, of course. Thank you. Thank you. What do I do? That ends the