Legal Notice # 21934825 NOTICE OF ADOPTION OF RESOLUTION NOTICE IS HEREBY GIVEN that the Town Board of the Town of Babylon, County of Suffolk, State of New York, at a regular meeting thereof held on the 13th day of May, 2026 duly adopted a resolution, an abstract of which is as follows: RESOLUTION NO. 378 MAY 13, 2026 GRANTING MULTI-TENANT OCCUPANCY IN PIP-I ZONE APPLICATION OF SM (NY) QRS 14-93, INC. (PB JOB #25-48AJ) FOR THE PREMISES IDENTIFIED AS SCTM#: 0100-126.01-01-003.001 LOCATED ON THE N/W/S/O NEW HORIZONS BLVD, 1800' W/O WELLWOOD AVE, N. AMITYVILLE WHEREAS, in accordance with 213-337 of the Town Zoning Code, SM (NY) QRS 14-93, Inc. (the "Petitioner") has heretofore petitioned this Board for multi-tenant occupancy in a PIP-I zone of certain property which is located on the n/w/s/o New Horizons Boulevard, 1800' w/o Wellwood Avenue, North Amityville, New York, identified as SCTM No. 0100-126.01-01-003.001, and further described on the annexed Schedule A; and WHEREAS, more specifically, the proposal is to demolish a portion of the existing building and repurpose the remaining 205,817sf (footprint) building in the PIP-I zone to allow for manufacturing and warehouse/distribution to accommodate four (4) tenants, along with associated site improvements; and WHEREAS, a public hearing was held on said petition on the 13th day of May, 2026; and WHEREAS, in accordance with Section 617.5(c)(9) State Environmental Quality Review (SEQR), this proposal involves a multi-tenant occupancy in a PIP-I zone in order to demolish a portion of the existing building and repurpose the remaining 205,817sf (footprint) building in the PIP-I zone to allow for manufacturing and warehouse/distribution to accommodate four (4) tenants, along with associated site improvements and the Board has adopted a Negative Declaration and no further action is required pursuant to SEQR; and WHEREAS, this proposed multi-tenant occupancy in a PIP-I zone conforms to the Town of Babylon Comprehensive Plan, NOW, THEREFORE, be it RESOLVED, by the Town Board of the Town of Babylon that the application of SM (NY) QRS 14-93, Inc., for Job No. 25-48AJ for a multi-tenant occupancy in a PIP-I zone for the premises described in the attached Schedule A, be and the same hereby is granted, subject to the following conditions: 1. Subject to final site plan approval from the Planning Board. 2. Subject to ZBA approval for any associated variances. BE IT FURTHER RESOLVED, that in case of any violation or attempted violation of any of the conditions of approval or covenants and restrictions by the owners or their lessees, heirs, successors, and assigns and failure of said parties to remedy any such violation within thirty (30) days after written notice by the Town, the Town shall have the right, on its own motion and after notice, to rescind said multi-tenant occupancy in a PIP-I zone, and be it further RESOLVED, that if the owners hereto, or any owner, its lessees, heirs, successors, or assignees shall violate or attempt to violate any of the conditions or covenants and restrictions required by the granting of this permit, it shall be lawful for the Town of Babylon to prosecute any proceedings at law or in equity, including but not limited to enforcement by way of injunctive relief; any remedies chosen by the Town Board to enforce any condition, covenant, or restriction herein shall be cumulative and at the discretion of the Town Board as to how best to enforce such condition, covenant, or restriction; the pursuit of one method of enforcement shall not constitute a bar to pursuing any other method of enforcement permitted by law; and be it further, RESOLVED, that the Town Clerk of the Town of Babylon be and hereby is authorized to publish a notice of said multi-tenant occupancy in a PIP-I zone in one of the official newspapers of the Town of Babylon. SCHEDULE A Description Tax Map #100-126.01-01-003.001 ALL that certain plot, piece or parcel of land, situate, lying and being in Amityville, Town of Babylon, County of Suffolk, State of New York, bounded and described as follows: Commencing at a point formed by intersection of the southerly right-of-way line of Seabro Avenue (50' wide) with the easterly right-of-way line of Albany Avenue (50' wide), RUNNING THENCE the following two (2) courses and distances to the point of beginning: 1. Along easterly right-of-way of Albany Avenue, South 07 degrees 17 minutes 23 seconds West, a distance of 204.37 feet to the dividing line between lands now or formerly of Wurzel New Horizons, LLC. and lands or formerly of Mav Holdings, LLC.; 2. Along said lands, North 84 degrees 18 minutes 18 seconds East, a distance of 293.65 feet to the point of beginning; THENCE along lands now or formerly of Mav Holdings, LLC., and lands now or formerly of Ferrandino Realty, LLC., lands now or formerly of Seabro Avenue Realty Corp., lands now or formerly of 21 Seabro Ave LLC., lands now or formerly of 23 Seabro Avenue Corp., lands now or formerly of Bridge Corp. 96, the following three (3) courses and distances: 1. North 84 degrees 18 minutes 18 seconds East, a distance of 278.74 feet to a point; 2. South 07 degrees 08 minutes 28 seconds West, a distance of 150.00 feet to a point; 3. North 84 degrees 18 minutes 18 seconds East, a distance of 481.37 feet to the lands now or formerly of 750 New Horizon LLC.; THENCE along said lands, the following two (2) courses and distances: 1. South 11 degrees 34 minutes 49 seconds East, a distance of 408.95 feet to a point; 2. South 56 degrees 15 minutes 24 seconds East, a distance of 145.46 feet to the point of curvature the westerly right-of-way line of New Horizons Boulevard (62' wide); THENCE along said right-of-way line, the following two (2) courses and distances: 1. Along the arc of a curve bearing to the left, having a radius of 331.00 feet, a central angle of 45 degrees 19 minutes 30 seconds, a chord bearing and distance of South 11 degrees 04 minutes 56 seconds West, 255.07 feet, an arc length of 261.84 feet to a point; 2. South 11 degrees 34 minutes 49 seconds East, a distance of 169.27 feet to the lands now or formerly of BPP 1250 New Horizon Property Owner, LLC.; THENCE along said lands, the follow three (3) courses and distances: 1. South 84 degrees 22 minutes 16 seconds West, a distance of 584.70 feet to a point; 2. North 48 degrees 13 minutes 39 seconds West, a distance of 416.61 feet to a point; 3. South 78 degrees 25 minutes 11 seconds West, a distance of 6.14 feet to the lands now or formerly of 206 Associates, LLC.; THENCE along said lands and lands now or formerly of Wurzel New Horizons, LLC., the following two (2) courses and distance: 1. North 11 degrees 34 minutes 49 seconds West, a distance of 108.64 feet to a point; 2. North 00 degrees 28 minutes 12 seconds West, 645.61 feet to the point or place of beginning. Containing 751,731 square feet or 17.257 acres Dated: May 13, 2026, Town of Babylon BY ORDER OF THE TOWN BOARD, TOWN OF BABYLON GERALDINE COMPITELLO, TOWN CLERK
