The Babylon Village Board of Appeals took a "get tough" approach to a request by the owner of a commercial parking lot seeking a renewal of a use permit. The board, unanimous in its position, said the owner has not made the necessary improvements to the site she agreed to complete three years ago, and that it will not consider renewal until the owner can show that the conditions agreed to in 1997 are met.

"You stood before us three years ago and told us that (the improvements) would be taken care of," Board member Martin Kennedy told Bart Pellegrino of Lake Ronkonkoma who was representing his mother, who owns the parking lot in the rear of 126-128 North Carll Avenue. "It was not done, so what makes you think there is a reason for us to believe you now?"

Pellegrino, who initially told the board that the potholes on the property had been repaired, was given photographs taken by a board member the weekend before the hearing, showing, in fact, that was not the case. In addition, other work—installing lighting, replacing fencing, striping the lot and installing curbing—was not completed, despite the fact that it was outlined in a letter to the owner in 1997 as a condition of the renewal application at that time.

Pellegrino told the board his mother is having problems maintaining the property, specifically due to the loss of more than $40,000 in rent from tenants in the two buildings on the site she also owns.

"This is my mother’s only source of income and she is doing the best she can," he said. "I’m not sure she has the money to repave the site so I am asking this board if it would be alright for us to do the work over a certain period of time?"

"This is a commercial lot, generating income for someone and we cannot have it be a hazard to people using it in this Village," said Andris Garsils, acting chairman of the board in the absence of Chairman Bruce Humenik. Garsils pointed to several problems, including a pole that was sticking up from the ground, broken curbing and a portion of the lot that appeared to be a collapsing. "All these are dangerous," said Garsils.

"We assumed that the lot was being taken care of by the previous tenant and didn’t know that he wasn’t doing it until we heard about it later," said Pellegrino.

"You never visited it and you don’t know what condition it was in?" responded Garsils. "It is the responsibility of the owner to monitor this property and keep it in good order."

Board member Emmett Keneally told Pellegrino that the board has waited three years for the work to be done. "Asking us now for more time is a bit much," he said. "You better get your act together because we are weary of this situation."

In the end, the board reiterated the items that needed to be addressed and told Pellegrino to get back to them with a plan of action. Summonses issued to the owner for non compliance will be put on hold until a decision is reached by the board.

"You need to get back to us right away and let us know what you are going to do," Garsils told Pellegrino. "You need to hire someone to manage the property, to keep ahead of things and to do the repairs needed. Having a tenant be the responsible agent is not good enough."

In other business, the board:

•reviewed an application of Stuart and Kathleen Havel of 73 Lakeland Avenue for permission to construct a front addition and open porch on their home. The Havel’s need approval for a front yard setback from 25 feet, as required under the code.

Several residents spoke in opposition to the application, saying reducing the setback would be seriously out of character for the neighborhood, which is made up largely of older homes.

"We are all very much on the brink of the street as it is and I think adding anything to that or any other home would detract from the street and from the investment we have in our homes," said Tom Petree of Lakeland Avenue.

Marty Trichansky, another neighbor, said he was uncomfortable speaking in opposition to what a neighbor wants to do but believed that the extension would take away from the "charming older houses on the block," and the "view of Southards Lake, which is a wonderful thing to have.

"Any encroachment forward on any homes on the block will diminish the values of each of our home," he said.

John Conroy, of 83 Lakeland, handed the board an original copy of the site plan for the area, which was developed in 1927. "I have been here since 1940 and no one on that block has moved anything on their house closer to the street," he said. "We feel that this addition, or any addition like this on any home on Lakeland, would absolutely ruin the area’s architectural integrity."

The board, presented only with a conceptual drawing of the proposed addition, asked the applicants to come back to them with a more detailed outline of what they intended to. "I would suggest that you consider some options, working more within the existing lines as best as you can, and get back to us," said Garsils. "I would also suggest that you meet with your neighbors in coming up with a plan so that there isn’t this kind of...." he said waving his hand to the audience indicating their opposition to the proposal.

•heard a request from Plesser’s electronics store, 10 E. Main St., Babylon for renewal of a permit to operate an outdoor sales area in the rear of the building. The site is to be used to display barbecues and barbecue related items;

•heard a request from Marcy Turnbull of 15 Ernest Place for permission to construct an enclosed entryway with front yard setback from 25 to 18.9 feet.