Planning Board - Regular Meeting

do have two uh public hearings. Today is January 12th, 2026. Welcome everyone. Uh we have two public hearings. So we will begin uh our meeting with the pledge of allegiance. Uh Ed, could you lead us in the pledge, please? I alian to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all.

Okay, we Okay, we've got to take the role first. Come on. You're stay in your lane. Okay. All right. Uh can we take the role, please? Certainly. Richard Casey, attorney Patrick, present. Juan Leon, Julian Nolan, Gerald O'Neal, Frank Santos, Daniel, Edward Win, do we have a quorum? Yes.

Okay, we have a quorum. All right, our first uh public hearing. That would be job number 23-38 a BX group LLC location and Gear Avenue Linden. Okay, thank you. I understand we need a motion to adjurnn. Is that correct? That is correct. Is it on? Hold on. Let's get Matt's uh Is it? Is it?

Oh, I'm sorry. There you go. I'm sorry. Uh, yes, that's correct, Mr. Chairman. We have an adjournment letter. Uh, communication number one from the applicant. Uh, they are requesting an adjournment. Uh, and if acceptable to the board, we would recommend an adjournment to a date certain of March 2nd, 2026. Okay. I need a motion. A motion by Jerry toou March 7th. Okay. Second by Julianne. Second. All in favor? I meeting is adjourned. Approved. The meeting is adjourned to March 7th. Okay.

Okay. The second the second one job 25-23A Gachi Stone Gallery location northeast corner of New Highway and Dubine Court in Farmingdale. Okay. Who's here on behalf of the applicant? I'm the engineer on the project, sir. Christopher Lebate. A um Okay, good. Thank you. Please. Yes. Um they're not signed in, but I also have the architect present and the applicant. Well, if he's going to be speaking, he has to sign it. Right now, we don't know if they're going to speak or not. Would you like them? All right. Well, make sure you don't leave until we have everything. But please proceed. Okay. Good evening, Mr. Chairman, members of the board. My name is I'm sorry. You're not an attorney, correct? No, I'm not an attorney. Okay. Please raise your right hand. Do you swear to tell the truth, the whole truth, nothing but the truth?

Yes, I do. Okay, please proceed. Okay. Again, my name is Christopher Le of the firm Lab Crew Engineering. I I'm I'm sorry. I forgot to do something. That's okay. Before you begin, I have to read this statement before any public hearing. Uh the planning board shall have the right to rely on any information that is presented by the applicant. If any such information is later found to be inaccurate or incorrect, the planning board may determine that any approvals, building permits or other actions previously granted in the connection of the application are null and void. I'm sorry, please proceed.

Okay. Again, my name is Christopher Leate of the firm Lab Crew Engineering residing at 460 Hawkins Avenue in Rock Anka. This project is located on a 73 acre property with an existing dilapidated dwelling that is to be removed and we are proposing a 12,213 square foot industrial building to be constructed with site improvements from aerials. I believe this is one or the last dwelling in this industrial area. This site is surrounded by on all sides by industrial uses making this a perfect location for this use. This building will be used as a wholesale stone gallery which exhibits natural stone to the design community and the stone fabrication community. It will be strictly wholesale by appointment. It will be family-owned and operated by the applicant with just four employees including himself. On the site, there will be no work, meaning no stone cutting performed on this site, just display. The materials will be cut to order in Brooklyn and trucked out to site for the pickup. The building will mostly be displayed with a showroom area with a small 230 foot apartment on the sec excuse me office on the second floor and a small storage basement. The site improvements required for the site are standard has in landscaping, paving, lighting, drainage and road improvements. All meeting the town requirements with sign off from engineering.

Hold on a second. Matt, do we have the site plan? Okay. Okay. Please proceed.

Okay. The site improvements required for this project are standard and meet all the requirements. We do have engineering and highway signoff, but we do require three variances from the ZBA collide area parking requirements and a setback which will file for pending this board's decision. The existing two curb cuts on site will be removed and replaced with two proposed curb cuts, excuse me, one on New Highway and the other on Dupont Court. Liro has already signed off on their comments. There were town comments from December 3rd which we did not resubmit due to the time frame of the board meeting being scheduled so fast. We had gotten comments on the third but spoken with staff and we had this board schedule but with the holidays everything we didn't want to resubmit and confuse the board at all. So I will address the comments from the uh

from the third. Um there's really basically just two comments. The rest of it was very standard. One of them was about the dumpster pickup. So this will be clearly labeled. It is in the upper leftand corner on sheet six on detail two. I don't know if you want to bring it up on the screen, but it was clearly asked to be labeled a little quicker. That yes, that one right there. M a moment to catch up with you. Okay, there you go. Okay, so those will be labeled more clear, but it is that first one in the upper left corner of there.

The SU truck turnaround will be more clearly shown. It is very close on the drawings with the parking souls for a turnaround on site, but with delivery time scheduling and a skilled driver um and the parking, this will not be an issue. We will demonstrate it on the next set of plans that will be submitted. We've been working with planning staff and traffic engineers to meet town code requirements with applications into the health department and DPW on this project. They're all conditionally approved pending town approvals. We have reviewed the town's memorandum dated January 7th and have no issues with any of them. We feel that this is a very straightforward application looking to build a business that will be familyowned with more than 35 years experience. At this time, I'd like to answer any questions that the board may have.

Okay. Are there any questions? Thank you, Mr. Chairman. With regards to the parking variance, how many parking spots are there now and how many are you required to have? 22 is provided, 33 is is uh propos Excuse me. 22 33 is required, 22 are proposed. Thank you.

Okay. Are there any other questions? Julian memo. Oh, thank you. All right. Thank you very much. As you know, the planning department issued a memorandum. I'm sorry that is me. I apologize. Okay. Uh the planning commissioner Denise Graziano issued a memorandum regarding this application on January 7th. Uh there are a series of conditions and covenants and restrictions. Has your client had the opportunity to review these? And

yes, he has. Are there any issues uh that you have uh regarding any part of this memo that you want to bring to the attention of the board? No, there's not. There's not. Okay. Uh so let's get back to the parking. I heard you say that the uh appointments will be by that that that people will visit the showroom by appointment. Is that correct? Yes, sir. And you're you're going to be going you have to get a variance uh from the zoning board regarding the parking. Yes, we do.

Okay. Um Okay. So, just so we're clear, I noticed that the uh what what will be the hours of which uh this uh operation will be? 9 to5. 9 to5. Okay. All right. And and and as you said, this people are just not going to be wandering in there. Correct. Come in by appointment. Wholesale only. And And wholesale only. Okay. Very good. Thank you. Any other questions? All right. Let's Yeah, let's take a look at this. Uh talk to us about what we're looking at right here. If you like, if it's about the architecture, I'll ask the architect to step up. Oh, that would be even be better.

Okay. Where is the architect? Good evening, Mr. Mr. Chairman, members of the board, Raymond. Thank you. So, you got to speak directly into that microphone if you don't mind. Good evening, Mr. Chairman, members of the board. Raymond Caliendo, Artformm Architectural Services PLLC. Okay. Do you swear to tell the truth, the whole truth, nothing but the truth? I do. Okay. Please proceed. The building is intended to be approximately 30 feet in height. It is uh as mentioned um 12,213 square feet in size.

It'll be sheathed in stone. Uh it's a it's a dark stone finish. Uh 30 feet high, combination stone and glass and uh yeah, that's pretty much it. Okay. Any questions about that? It's going to be a very attractive addition to that part of New Highway based on that render. You feel so sure too. So, and and so you talk to me about the um would you how do you how did you characterize the stone? What type of um not the material, but is this you said it's a sheathing? Is that what you said?

It's it's a stone it'll be a stone sheathing over a skeleton frame. Okay. All right. Very good. Any questions? Make sure you sign. Well, you didn't sign your card. Your um Oh, you have it up there. This card? Yeah. Well, you don't have to do it right now. You better do it before you leave. Okay. Are there any other questions? Okay. Is there anything else you want you What do you have there? Oh, no. These are just plans. I'm just Oh, okay. Does anybody have any other questions? No. Okay.

But don't leave without filling out and give it to them. I will. You can you can take that clipboard with you and sit down. All right. Um, is there anyone from the public that would like to address the board regarding this application? No. Okay, sir. Thank you very much. Thank you. Have a good evening. Hold on. Hold on. We're not done yet. No, we don't need I have to get a motion. So, this is a Gohead. Okay. Okay, I'm going to request a motion from the board uh to close the hearing and to reserve decision. Uh can I have a motion? Motion by Frank, second by Dan.

All in favor? The public hearing is now closed. The decision will be reserved in order for us to review any other issues that may come up or if there are any open sight plan issues. Uh the record will will remain open for written comments uh for anyone to follow up on the status of the application or to submit additional comments. You can contact the planning department in a number of different ways in person. Uh planning is located on the west wing of town hall. Application documents and plans are available for inspection between the hours of 9:00 am and 4 or by phone 631-957 3103 or by email planning comments at town of bablinny.gov.

Thank you. Have a nice evening. Thank you. You too. Take care. All right, let's go to our our next information.

So, just give it to Thanks very much and I'm really looking forward to seeing the that beautiful showroom and I'll call for an appointment just to see what it looks like inside. I'm sure it's going to be very much very much. Okay. No, no, no. I And I said I'll call for an appointment so I can see what's inside. I'm sure it's going to be every bit as beautiful. Pardon me. Okay. Well, you know, people don't realize that Brooklyn is part of Long Island. You know, these Long Island people in Nassau, they think Brooklyn is the city.

And remember the battle of Long Island, which was important battle of revolutionary war. It was fought at Brooklyn Heights. Well, now you know. Okay. All right. Thank you very much and thank you for what you do. Bridge to Brooklyn, right? That's all right. Okay. Uh, so we have anformational hearing. Do you want to call the hearing? Certainly. Job 25-46A Winters 19 Nancy LLC location on Nancy Street and Edison Avenue, West Babylon.

All right. You can say they're they're proposing to demolish an existing building and to construct a 28 uh uh 2,800 square foot 28,000 28,800 a pre-engineered transfer station. All right. Who's here on behalf of the applicant?

Hi, my name is Michelle Feifenberger and this evening I'm representing Winters 19 Nancy LLC. I am an attorney. I'm representing the owner of the property located at 19 Nancy Street, West Babylon, New York. Uh the previous council of record was Mr. Mark Cuthbertson, and you might know that he was recently appointed as a Suffach County Supreme Court judge. So now I'm handling the matter for our client. Nice to meet you. Okay, hold on one second. Okay. Is there a memoard? Yes.

I'm just trying to find it in my packet. All right. As you know, there are series of conditions and as well as uh this application. Uh have you had the opportunity to review this with your client? I have had the opportunity. Are there any objections, any concerns, anything that they would like to bring, you would like to bring on their behalf? uh to our attention regarding any of the covenants and restrictions or conditions outlined. Yes, Mr. Kemp is going to address I think one of

Yes, he's going to address that in his presentation. Okay, that's fine.

Okay. Um as you know, our client operated a transfer station at this location and the transfer station was destroyed by a fire and deemed irreparable. In September of 2025, we submitted an application to this board requesting permission to demolish the existing building and construct basically an inind replacement transfer station. The proposed project includes a 28,800 ft pre-engineered transfer station and a 720 square foot scale house and employee trailer. Your office has sent us a list of questions and requests for further information on October 15, 2025. Uh, Kempy Engineering, who is here tonight, has since provided comprehensive responses, uh, written responses to your offices, and they have responded to all the requested items and will address open ones this evening. Um, our goal in this application is simply to replace the former building with an incind building replacement and to continue the same business operations on that location. Um, the only notable difference outlines in our response is that the new building will require a height of 44t 6 in which is an increase from the previously approved 35 ft. And this is to accommodate what we call a clear span design building which means the building will have no interior columns which is the sole reason for the change. Um we intend to apply for this variance as soon as possible. All other variances and used permits are currently in place. Um and I wanted to introduce basically the main speaker this evening but our whole team that's here. Uh we have Mr. Jay Kaplan who's in charge of environmental protection and construction for waste management. Mr. Peter Casserly from Bay Village Consultants, Inc. consultant to Winters.

Nancy 19 LLC. We have Mr. Eugene Kempy. Mr. Kempy has already registered to speak this evening as you know. He's from Keer Engineering who's our consulting engineer. We also have Steven Kempy from Kempy Engineering here as well. Mr. George Baitman is here. He's the senior district manager for the Alli transfer stations for waste management. And Don Schaefer, the manager of our public affairs. Um, and at this point, unless you have further questions for me, I'm going to turn it over to Mr. Captain. Please.

Thank you. Please state your name and address. Uh, Eugene G. Kemp, Eugene Kemp, PE, Kempy Engineering, 1569 East Hill Road, Weiggo, New York. Do you swear to tell the truth, the whole truth? Nothing but the truth? Yes, I do.

Please proceed. U as uh was mentioned by the at our attorney, we're replacing the fire damage building in kind uh with a new pre-engineered building, clear span building uh as all basically the only site improvements uh that will be done or really repairs to the existing site, which would be uh repairing u about 5,000 4,000 square feet of concrete pavement along the the na the Otis Street uh property line replacing curbs full length on Nancy Street uh and Otis Street and any curb repair interity repairs um also new new repair and replacement of uh fences um landscaping buffer materials that have been dam damaged by the fire, damaged by the use of the property and have deteriorated over over years just by being um as it was pointed previously and pointed out there was uh slight changes from the original construction uh approved construction of the expanded building that was approved by this the board in the town in 2008 2009. uh the the area of the total area of the building and site coverage is has reduced slightly due the removal of a mezzanine from the uh transfer station building. uh even though the scale house has increased slightly from being 680 square feet to 720 square feet due to manufacturing requirements of the modular building uh we to address the

issue that you Mr. chairman that you raised about the covenants and restrictions. Yes, we do have one issue uh that issue is the hours of of material receipt uh which is I assume was the standard um requirements from industrial facilities in the town which do not mirror transfer station operations. uh we uh the vehic the trucks are on routes at 5:00 in the morning. So we had previously had uh that we have a an exception to we would need you know 5:00 in the morning as a starting point because that's the nature of the operations and would really request that the board and the town consider just maintaining the existing covenants and restrictions that were applied with the special permit that the town has granted in the last renewal back in for the operation of the transfer station back in 2023. Um the only the other issue that I point I want to address is the there's been uh issues about including a uh a refuge enclosure on the site. Uh we've asked for relief from that due to the fact that uh this is a municipal solid waste transfer station. All the refuge that would be generated would just go on the p pile for the pile. So there's really no need. And in the 25 years that I've been working with Winter Brothers in in in West Babylon in in BA the town of Babylon, we have never we have never supplied a a refuge enclosure and the town has always granted relief due to that due to the nature of their business. So we would request that relief also. Um that pretty much I have any any questions from the board? that we very happy to answer.

Are there any questions by board members? Jerry, let's take a look at the Okay. Um, the nature of this business uh can very often lead to offensive odors.

What do you have now? What did you have before? Uh what we have before was a interior odor control system consisting of a roof mounted ceiling mounted uh spray a spray system over the tipping area which will be maintained which will be installed as in this under this application. Uh plus we plus they originally had hispelon um when with the smaller building the original building which was the 16,000 ft northern building they had a Hispalon system around the doors but when they ex the reason the building was expanded was for the to to to deal with the odor complaints.

What is a Hispalon system? It's a it's a a system that it's a sprays a o odor counteractin. It's just in instead of a head it's a pipe system. Okay. And also there'll be uh uplast ventilation plans which are required in all transfers all municipal solid waste transfer stations by the DEEC and we are expanding the original building had two. Uh we're now expanding that to six. Okay. Now you had a fire there. What are you going to do about not Another one. Excuse me. What are you going to do about fire prevention? You had a fire.

It'll be It'll be uh uh it'll be a fully sprinkled building. It wasn't before. Yeah, it was before. I It was I don't know what the nature why the sprinkler system issue, but it will be and that's currently under design, but it it to meet the code, town code and the building code. Okay. Um, I have and not I'm not responsible for that design, so I'm not sure exactly how the fire protection engineer is going to address that. Okay. Thank you. Thank you, Mr. Chairman. Um, if if it's all right, Matt, would you be able to just pull up the aerial on this? And my my question is, how how close is this site to uh residential properties?

Uh, I believe the residential properties are under on on basically on Perry Street. So that would be about 500 ft. But this, you know, because we, this facility, unfortunately, is it at the border of the town's transfer station zone, which is Otis Street, but it is within the transfer station zone.

Very good. Thank you. Any other questions? I want to go back to the hours of operation. council, perhaps you can assist us assist me with this. I I notice that it says there shall be no truck deliveries or entry into the site for the purposes of of truck deliveries between the hours of 11:00 p.m. and 6:00 a.m. Monday through Friday or between the hours of 8:00 p.m. and 8 a.m. on Saturday and Sunday. Is that what they right? Okay. And yeah,

yeah, that's exactly what it is. Number 17. All right. So, um, who grants that relief? Is it the special exception? Is that Okay. So that's my question. Uh so uh Matt, is that your understanding of how that special ex that special exception given the nature of their business that they have gotten before? Okay. So that's not something that would go to the zoning.

Correct. Mr. Mr. Chairman, we advise applicants to uh make any requests for amendments to covenants to the board for their consideration and we can discuss with planning further in work session. Okay, that's fine. All right. Um let's get back to that for a second. So the prior just just so we're I'm clear and it's clear in the record. So the uh the prior operation had that exception that that you're requesting be part of the covenants and restrictions that we would approve. Correct.

Okay. All right. Fine. Thank you very much. Um any other questions regarding that? Let's go back to one of the issues that came up as it's outlined here regarding on-site parking and the uh the uh the parking requirements. Am I reading that properly? Yeah. Yes. The planning that the planning board would have the uh in the in the event that um

in the if there was an issue the the memorandum is my understanding, Mr. Chairman, is that if there was an issue with parking that if it became problematic to the community, the the board could seek other relief, i.e. the you know uh parking offsite uh and the to my knowledge of the operations in this facility is operated in this configuration since 2009 there has not been a significant issue with parking. Has there have there been any issues with uh not to my knowledge? Okay. All right. You're starting to sound like you're testifying before Congress. Yeah. Um,

but I'll say sometimes they don't tell me everything too. Okay. Well, I only want you to, as you know, Yeah. speak to the truth of what you know and don't make claims that you're not that you can't validate. All right. So, uh, so there would be an opportunity to appeal that uh, back here, right? And and but it's not to your knowledge that there has been a significant problem regarding parking. Is is there sufficient parking on the overall on all of the winters? Now uh uh tradition there should there should be park in front people they have a site at uh they where they could move overflow to uh at 128 Gen Street in the area

which is not being to which as far as I'm aware not being was approved to be a container storage facility several years ago by this board and to my knowledge they're not using it at all. How many how many employees? Uh, eight eight employees. Eight employees on site. On site. Thank you. All right. Are there any other questions? All right. Thank you. You're welcome very much. Is there anyone from the public that's here that would like to address the board regarding this application?

I know this is anformational hearing, but is there anybody here We're just be happy to hear from but it is anformational hearing. All right. So with that I will request a motion uh to close theformational hearing. Let's say motion by Frank second by Juan. Second. All in favor hearing is closed. Thank you very much. Thank you Mr. Chairman. You're welcome.

Okay. So that concludes our uh our hearings as well as theformational hearing.