PUBLIC HEARING - OCTOBER 22, 2024
PUBLIC HEARING
WAS HELD IN THE BOARD ROOM,
153 WEST MAIN STREET, BABYLON, NEW YORK,
ON TUESDAY,
OCTOBER 22, 2024
PRESENT:
Mayor Mary Adams
Trustee Frank Seibert
Trustee Dominic Bencivenga
Trustee Anthony Cardali
Trustee KathyAnn Miga
Attorney Charles J. Casolaro
The meeting opened at 7:02 pm.
Trustee Cardali led the Pledge of Allegiance.
The Village Clerk read the following Legal Notice:
NOTICE IS HEREBY GIVEN that the Board of Trustees of the Village of Babylon will hold a Public Hearing at 153 West Main Street, on Tuesday, October 22, 2024, at 7:00 p.m. or as soon thereafter as can be heard to consider the application of the restaurant Horace & Sylvia’s Publick House, 100 Deer Park Avenue, for a change of ownership and redesign of the floor plan, pursuant to the C & R’s of March, 2004.
Copy of application and plans may be examined at the Office of the Village Clerk, between the hours of 10:00 a.m. and 4:00 p.m. Monday through Friday.
All interested persons should appear at the above time and place and they will be given the opportunity to be heard. All applicants and their duly appointed representatives must appear in person at the above hearing.
BY ORDER OF THE BOARD OF TRUSTEES
Jean Marie Parker, Village Clerk
Date: October 2, 2024
Babylon, New York
Applicant:
James Jackson
2 Davison Lane West
West Islip, NY 11795
Attorney Gerard Glass- representing 110 DPA LLC & Babylon Hospitality LLC
Business: Horace and Sylvia’s Publick House
100 Deer Park Avenue - SCTM: 010/03/059
Mr. Glass presented the application of Babylon Hospitality LLC, along with the owners and operators Chris Cappiello and James Economou, and the building owners and owners of Horace and Sylvia’s – Nunzio DiLorenzo and James Jackson.
The upcoming owners have been restaurateurs for many years. James Economou is the current owner of the South Paw Brewery in Yaphank. They are not looking to do a nightclub, but have a restaurant, similar to Horace and Slyvia’s and other restaurants in the Village. The building owners are also in tune to the Village’s atmosphere and are insuring the same feel as well.
The vision of the new restaurant is similar to current restaurant, but with an updated feel. There is a transferability in place with the current permits. They want to keep all the current conditions, based on these permits. They will comply with all conditions. Everything is the same but they would just like to open a little earlier for a lunch crowd. There are some minor interior adjustments – enlarge bathrooms to make it handicap accessible, add a pizza oven and shorten the bar. The have an application in to the ARB to change the exterior façade.
The Board of Trustees wanted to confirm the food service and closing time. James Economou stated that he will be able to serve food late night. He also confirmed music will be off by 12 midnight. Trustee Bencivenga pointed out a discrepancy between original permit and application. The Board also wanted to confirm about the outdoor changes. James is hoping for a more open-air feel. The Board stated be aware of the noise from music with the open concept. They stated it will be an actual restaurant and not a bar. The Board asked about the food. James confirmed it is American pub food, brick oven pizza with a different food faire. The Board also wanted to confirm music. James plans on staying with what is in current permits and speaker music. Mayor Adams wanted to confirm a timeframe in opening. James is hoping in about 3 months depending on construction. Finally, food delivery service was confirmed to be picked up behind the restaurant and not on Deer Park Avenue.
The meeting was opened to the public; no one addressed the Board.
On the motion of Trustee Seibert, seconded by Trustee Miga and unanimously carried, it was,
RESOLVED to reserve decision.
The Village Clerk read the following Legal Notice:
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Babylon will convene at 7:00pm on Tuesday, October 22, 2024, at Village Hall, Municipal Building, 153 West Main Street, Babylon, New York 11702, to conduct a public hearing with respect to the proposed new Local Law:
Proposed Local Law 1022PH 367-1 of 2024 amending the Village Code as follows:
§367-1(E) – Rules and Regulations established -Rule 5:
This proposed legislation will amend this section of the law to reflect that the Board of Zoning Appeals meets at 7:30pm to hear cases on appeal and not 8:00pm.
This is necessary to clear up any discrepancy between the code and the published legal notices.
PLEASE TAKE FURTHER NOTICE that at said hearings all interested parties will be given an opportunity to be heard on said proposed Local Laws at the place and time aforesaid. Copies of the proposed Local Laws will be available at the Village Hall at least five (5) days before the public hearing and may be seen during the regular business hours.
NOTICE IS HEREBY FURTHER GIVEN, pursuant to the requirements of the Open Meetings Law of the State of New York, that the Board of Trustees of the Village of Babylon will, immediately following the Public Hearing, convene at the place and time aforesaid for the purpose of conducting its regular monthly meeting for its general business.
Those persons planning to attend the meeting and who require special accommodations because of a disability are requested to notify the Village Clerk no less than 48 hours prior to the meeting.
Dated: Babylon, New York
September 30, 2024
BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF BABYLON
JEAN MARIE PARKER
VILLAGE CLERK
The mayor stated we are just amending the Village code to rectify the error in time of the Zoning Board of Appeals meetings from 8:00 p.m. to the correct time of 7:30 p.m.
Mayor Adams polled the Board and it was agreed to change the law to clear up any discrepancies on time.
The meeting was opened to the public; no one addressed the Board.
On the motion of Trustee Seibert, seconded by Trustee Miga and unanimously carried, it was,
RESOLVED to reserve decision.
The Village Clerk read the following Legal Notice:
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Babylon will convene at 7:00pm on Tuesday, October 22, 2024, at Village Hall, Municipal Building, 153 West Main Street, Babylon, New York 11702, to conduct a public hearing with respect to the proposed new Local Law:
Proposed Local Law 1022PH 281-5 of 2024 amending the Village Code to remove the following subsections of this chapter of the Village Local Law:
§281-5 – Application for rental occupancy permit
This proposed legislation will amend this section of the law by removing section B (3) and 4(B), which sections require personal information of possible occupants in a rental dwelling. These sections are violative of current law regarding the Village’s s ability to enforce its rental code permitting regulations, and therefore, they are being removed from this section of the existing village code.
PLEASE TAKE FURTHER NOTICE that at said hearings all interested parties will be given an opportunity to be heard on said proposed Local Laws at the place and time aforesaid. Copies of the proposed Local Laws will be available at the Village Hall at least five (5) days before the public hearing and may be seen during the regular business hours.
NOTICE IS HEREBY FURTHER GIVEN, pursuant to the requirements of the Open Meetings Law of the State of New York, that the Board of Trustees of the Village of Babylon will, immediately following the Public Hearing, convene at the place and time aforesaid for the purpose of conducting its regular monthly meeting for its general business.
Those persons planning to attend the meeting and who require special accommodations because of a disability are requested to notify the Village Clerk no less than 48 hours prior to the meeting.
Dated: Babylon, New York
September 21, 2024
BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF BABYLON
JEAN MARIE PARKER
VILLAGE CLERK
Village Attorney Charles Casolaro stated the we will delete two sections from the Village Law because they violate current Federal and New York State Law. These sections are:
- Section B, paragraph 3, which ask names, ages, relationships and other biographical information
- Section B, paragraph 4, subsection (b) which asked for the number of occupants residing.
Recent Case/Statutory Laws make those two sections illegal for the Village to require this.
Mayor Adams polled the Board. The Board agreed that it makes sense to amend to keep up with current law.
The meeting was opened to the public; the following persons addressed the Board:
- Thomas Longenecker, 25 Clinton Street, Babylon
- John De La Rosa, 37 Clinton Street, Babylon
On the motion of Trustee Seibert, seconded by Trustee Miga and unanimously carried, it was,
RESOLVED to reserve decision.
The Village Clerk read the following Legal Notice:
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Babylon will convene at 7:00pm on Tuesday, October 22, 2024, at Village Hall, Municipal Building, 153 West Main Street, Babylon, New York 11702, to conduct a public hearing with respect to the proposed new Local Law:
Proposed Local Law 1022PH - 295 of 2024 amending the Village Code as follows
§295 – Chapter 295 Skateboards, Skates and Scooters
This proposed legislation will amend this section of the law to include prohibiting the use of electric bikes, those that permit locomotion by peddling and those that do not, that are electric powered and to prohibit said use on all Village owned properties, parks and playgrounds.
PLEASE TAKE FURTHER NOTICE that at said hearings all interested parties will be given an opportunity to be heard on said proposed Local Laws at the place and time aforesaid. Copies of the proposed Local Laws will be available at the Village Hall at least five (5) days before the public hearing and may be seen during the regular business hours.
NOTICE IS HEREBY FURTHER GIVEN, pursuant to the requirements of the Open Meetings Law of the State of New York, that the Board of Trustees of the Village of Babylon will, immediately following the Public Hearing, convene at the place and time aforesaid for the purpose of conducting its regular monthly meeting for its general business.
Those persons planning to attend the meeting and who require special accommodations because of a disability are requested to notify the Village Clerk no less than 48 hours prior to the meeting.
Dated: Babylon, New York
September 30, 2024
BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF BABYLON
JEAN MARIE PARKER
VILLAGE CLERK
Mayor Adams stated there seems to be a problem with electric bikes and scooters in the parks, playgrounds and on Village Streets behaving recklessly. We have been getting phone calls from residents and visitors about the unsafe behavior. The last amendment to this code was 2016, so we are amending code to include electric bikes and scooters to keep both riders and pedestrians safe.
Mayor Adams polled the Board. The Board agreed to the amendment for safety and liability reasons.
The meeting was opened to the public; the following persons addressed the Board:
- Susan Valenza, 23 Cormack Court, Babylon
- Pat Burke, 123 Sequams Court, West Islip
- Ellen Merryman, 38 S. Carll Avenue, Babylon
- John De La Rosa, 37 Clinton Street, Babylon
On the motion of Trustee Seibert, seconded by Trustee Miga and unanimously carried, it was,
RESOLVED to reserve decision.
The Village Clerk read the following Legal Notice:
PLEASE TAKE NOTICE that the Board of Trustees of the Village of Babylon will convene at 7:00pm on Tuesday, October 22, 2024, at Village Hall, Municipal Building, 153 West Main Street, Babylon, New York 11702, to conduct a public hearing with respect to the proposed new Local Law:
Proposed Local Law 1022PH 365-20J of 2024 amending the Village Code to include the following:
§365-20J – Façade Improvement
This proposed legislation will create a Façade Improvement Committee for the purpose of promoting the health, safety and general welfare of the community, conserving and enhancing the appearance of the Village, especially in areas of existing or potential scenic value of historical note, of architectural merit or of interest to the residents, and for the purpose of assisting property owners to maintain the appearance or architectural tone of their neighborhoods and preserve property values and for the purpose of eliminating blight.
PLEASE TAKE FURTHER NOTICE that at said hearings all interested parties will be given an opportunity to be heard on said proposed Local Laws at the place and time aforesaid. Copies of the proposed Local Laws will be available at the Village Hall at least five (5) days before the public hearing and may be seen during the regular business hours.
NOTICE IS HEREBY FURTHER GIVEN, pursuant to the requirements of the Open Meetings Law of the State of New York, that the Board of Trustees of the Village of Babylon will, immediately following the Public Hearing, convene at the place and time aforesaid for the purpose of conducting its regular monthly meeting for its general business.
Those persons planning to attend the meeting and who require special accommodations because of a disability are requested to notify the Village Clerk no less than 48 hours prior to the meeting.
Dated: Babylon, New York
September 21, 2024
BY ORDER OF THE BOARD OF TRUSTEES
OF THE VILLAGE OF BABYLON
JEAN MARIE PARKER
VILLAGE CLERK
Deputy Mayor Frank Seibert gave a brief synopsis of the Façade Committee; it has been around for about a year with very competent people serving, make good suggestions for our downtown area. Deputy Mayor Seibert thinks the new law makes sense to make the committee more formal and gives us more direction and will help them be successful in the changes being made in the downtown area façades.
Mayor Adams polled the Board and the Board agreed that the current committee is doing a remarkable job and the law will put structure to the Façade Committee.
The meeting was opened to the public; no one addressed the Board.
On the motion of Trustee Seibert, seconded by Trustee Miga and unanimously carried, it was,
RESOLVED to reserve decision.
Meeting adjourned at 8:10 PM.
_____________________
Village Clerk
** For attachments contact the Village Clerk’s Office