Town of Smithtown's outdoor dining ban may bog down plans.
A public hearing for a 2,100 square-foot Sonic restaurant in Nesconset, at the southeast corner of Middle Country Road and Alexander Avenue, is scheduled for next week in front of the town's Zoning Board of Appeals.
The applicant attempting to open the Sonic location, Valley Stream-based Serota Smithtown LLC, will request that the town consider the 1950s diner-style restaurant its outdoor food service as an accessory use to its indoor seating, according to a Newsday article. Smithtown has a ban on outdoor dining.
However, Town Planning Director Frank DeRubeis told Newsday that he doesn't see Sonic's primary use as a service counter restaurant. "I think it's prohibited in the town," he said.
A Sonic last year , and at the end of April this year, Sonic in North Babylon , as it remains the only Sonic in Nassau and Suffolk Counties.
Click here to read the entire article in Newsday.
The full text of the public notice for next week's hearing is below. More public hearings can be found on the town's public notices portion of its website.
Serota Smithtown LLC, , 70 East Sunrise Hwy., Suite 610, Valley Stream, NY 11581. Location: SE/c Middle Country Rd. & Alexander Ave., Nesconset; Property Zoned: WSI. SCTM#: 114-9-1,2,3 & 4. Request: Special Exception to permit a 2,100 sq.ft. counter service restaurant; Variance of a special exception standard to permit a counter service restaurant to have outdoor dining; Variance to permit outdoor dining in WSI district; Permit 22 loud speakers at locations other than drive-thru windows; Reduce required landscape islands from 9 to 1; Reduce landscape area between front property line and parking from 8% to 7% (existing); Increase number of ground signs from 1 to 32; Increase max. area of ground signs from 40 sq.ft. to 739 sq.ft.; Increase number of wall signs from 1 to 7; Increase height of 2 wall signs from 15 ft. to 20 ft.; Increase height of 1 wall sign from 15 ft. to 21 ft.; Permit 3 wall signs not facing a public street; Interpretation to determine if curb-service is permitted as an accessory use to a counter service restaurant.
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