by Leonard Greco

A second, court-ordered, public hearing on an expansion application by La Bella Palermo, has left Babylon Village leaders mulling over whether to approve the request or reject it for a second time.

The court had ordered a second public hearing after the village rejected La Bella Palermo’s application to expand its operation to include music and dancing on the restaurant’s second floor. La Bella Palermo challenged that decision and filed a lawsuit, winning the right to a second hearing on the question.

Appearing at the June 13, public hearing, Gerard Glass, attorney for La Bella Palermo, pointed out that other similar establishments in the village were permitted to offer customers music and entertainment. "Why not La Bella Palermo?" he asked.

In 1992 La Bella Palermo had been issued permits for 40 seats, but was restricted from presenting music or "discotheque" type entertainment. In 1994 the restaurant was expanded to 82 seats, but was restricted to using the second floor, which was reserved for storage purposes only. La Bella Palermo is located at 90 West Main Street, but is in close proximity to a residential area.

Renovations to the second floor once again increased seating capacity and violated village restrictions.

"My client is being treated like a step child (compared to other restaurants in the village)," Glass said at the most recent hearing. "Other restaurants of similar character do not have the restrictions we have." He named a number of establishments such as Don Ricardo’s (on West Main Street) that are permitted to have music.

Glass also pointed out that recent renovations such as enclosing the second floor porch area, would keep the music from becoming a neighborhood nuisance. He said the second floor of La Bella Palermo would not become a "dance hall" or discotheque. "But," Glass added, "if patrons felt a desire to get up and dance after dinner, they would be able to do so."

But attorney William Bonesso, representing a number of area residents, said that while the restaurant is a business property, there are "legitimate" concerns. He pointed out that residents from neighboring streets such as Prospect Street and South Carll Avenue are worried the catering end of business could lead to a need for additional parking and the possibility of louder than permissible parties.

"Conditions already set by the village define use (at La Bella Palermo) as a restaurant only," Bonesso said after reading letters of protest from residents into the record. "There could be harm to the peaceful environment of the neighborhood and that could also effect property values. The applicant (La Bella Palermo) cannot say that those restrictions applied just to a previous owner (and not to the present owner) do not apply because the present owner wasn’t told about them. And he can’t say ‘everyone else is doing it, why can’t we.’ All of this has already been covered."

Bonesso also said that other restaurants that are permitted music are not near residential areas, and that, he said, is what makes them different.

A number of residents spoke following Bonesso, agreeing that La Bella Palermo should not be permitted to have music and catering facilities. Residents classified the music as "very" loud and said the restaurant was just an "inappropriate" place for music.

Village officials remained stoic and withheld a decision until they could

further study the renewed application.

"The meeting (public hearing) left off with the possibility that there is

some grounds for compromise," Glass said in a later telephone interview.

"However, at this time nothing is finalized." Glass added that recently the

upstairs of La Bella Palermo has not been used for any purpose. He said that the restaurant owners are willing to wait for an official decision. "But if

the village chooses to (again) deny the application, then we will (probably)

appeal that decision."

Babylon Village Mayor Don Conroy did not return calls seeking further comment.