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Town of Babylon ZBA reserves decision on proposed Qdoba at Sunrise Highway amid parking, hours and county review
Summary
The Zoning Board of Appeals heard a detailed application to demolish a former Checkers and build a 2,363 sq. ft. Qdoba with a single drive‑through lane and reduced parking. The board reserved decision pending Suffolk County planning board review and additional materials.
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The Town of Babylon Zoning Board of Appeals on Tuesday heard testimony on application 25035, an application from 136 Lyndenhurst Holdings LLC to demolish the existing building at the northeast corner of Sunrise Highway and North Green Avenue and build a 2,363‑square‑foot Qdoba with a single drive‑through lane.
The applicant’s attorney, John Farrell, said the proposal replaces a one‑story building with a new restaurant that would offer 44 indoor seats and six outdoor seats and provide 22 parking spaces, down from the 29 spaces the zoning code requires for the proposed use. Traffic and parking testimony came from Sean Mulrion of Mulrion Engineering and Sean Orion of Orion Engineering, who described on‑site counts and peer comparables on the same Sunrise Highway corridor. Farrell said town consultants Nelson & Pope reviewed the applicant’s parking assessment and “tend to agree” the proposed parking should be sufficient.
Why it matters: the application seeks relief from the town’s parking rules in a commercial corridor and asks the board to allow a drive‑through restaurant to operate with fewer parking spaces than required. The use, hours and noise controls have implications for nearby residences and the town’s planning review process.
Board members pressed the applicant on hours of operation, speaker volume for the drive‑through, traffic and lighting. The applicant said staffing would be small (about five employees at peak), and that other nearby quick‑service establishments on the corridor operate late; the applicant declined to accept a fixed closing hour at the ZBA, saying hours are subject to the planning board’s special permit process. The applicant also described a single‑lane drive‑through that uses a traditional speaker system and said the speaker faces west toward a commercial block rather than the adjacent residential area.
The board amended one zoning district designation on the record during the hearing and heard that the applicant has Board of Health and fire‑safety input in the file. The board did not vote on the merits. Members voted to reserve decision and asked for Suffolk County planning board review before acting.
Next steps: the ZBA kept the record open for the county planning response and any requested revisions; the board will act when the county review and outstanding referral comments are received.
Actions taken: the board reserved decision on application 25035 pending Suffolk County planning board review and any required revised plans. No final approval was granted at the meeting.
Clarifying details: the lot is about 20,000 square feet; the proposed building is 2,363 sq. ft.; seating is 50 total (44 indoor, six outdoor); applicant seeks a parking variance from 29 required spaces to 22 provided; staffing estimated at up to five employees; single drive‑through lane proposed.
Speakers at hearing: John Farrell (applicant’s attorney), Sean Mulrion (Mulrion Engineering, parking consultant), Sean Orion (Orion Engineering, traffic safety engineer), members of the Town of Babylon Zoning Board of Appeals.
Ending: The board said it will act after receiving Suffolk County planning comment and any requested revised materials; no vote on approval was recorded at the meeting.

