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ZBA keeps record open for 859 Sunrise Highway used-car site; DOT access and signage outstanding
Summary
The Zoning Board kept the record open for 859 Sunrise Highway after the applicant described completed site work but said the outstanding handicap ramp (NYS DOT right-of-way), curb cut sign-off and an unpermitted sign must be resolved before final approval.
The Town of Babylon Zoning Board of Appeals on May 15 closed the hearing but reserved decision and kept the record open for additional materials on an application by 859 Sunrise Auto DIA LLC to operate a used-vehicle sales lot and outdoor vehicle storage at 859 Sunrise Highway in West Babylon.
Attorney Lisonbee Lapointe, representing 859 Sunrise Auto DIA LLC, told the board the current owner bought the property a year ago and has completed much of the site work required by the 2016 site-plan approval but faces outstanding issues: a handicap ramp shown on the original plan encroaches on the New York State Department of Transportation right-of-way, the curb cut installed by a prior owner does not match the 2016 plan and requires Town Highway Department sign-off, and a sign on the west side of the building lacks a permit. Lapointe said the “delay is largely in trying to figure out this DOT slash handicap access issue.”
Lapointe said the buyer engaged engineering (Boaler Engineering) to revise the plans, installed required signage and striped parking and handicap spaces, planted replacement trees, renewed the building permit and obtained a fire underwriter certificate. She said planning staff (James Harkins) reviewed an alternate location for the handicap ramp and was “comfortable with the changing of the location of the handicap ramp through the building permit process,” provided the engineering confirms code compliance.
Board members expressed concerns about past onloading/unloading practices and vehicles parked in front of the building that can obstruct a pedestrian crosswalk. A board member asked Lapointe to have her client be “mindful of the neighbors” about loading and unloading and to provide any history of complaints for the record; Lapointe said she would look into past complaints and provide more information.
The board reserved decision and kept the record open to allow the applicant to respond to a board member’s concerns about operations and to provide final engineering plans addressing the DOT/right-of-way and Town Highway sign-off. The board noted the 62-day decision timeline would apply once the record is closed.
