Sonic Restaurant Is Coming To Nesconset

New design for the Nesconset Sonic RestaurantSonic restaurant is coming to Smithtown.  According to Board of Zoning Appeals (BZA) attorney Paul Hennings the BZA reached a settlement with Sonic franchisee Cinos Smithtown, LLC and property owner Serota Smithtown, LLC on Tuesday, August 12th. The fast food restaurant will be constructed on the southeast corner of Middle Country Road and Alexander Avenue in Nesconset. 

Sonic’s application was denied by the BZA with a three - two vote in November of 2012. In December of 2012 the applicants filed an Article 78 (an article 78 proceeding is used to appeal the decision of a NYS or local agency to the NY courts)  proceeding against the town. In March of 2014 Judge Daniel Martin, in his decision in favor of the applicant, stated that the the town had improperly bowed to community pressure. The BZA filed an appeal and began to evaluate the likelihood of winning the appeal. Negotiations for a settlement began and on August 12th resulted in an acceptable resolution.

During the public hearing residents pointed out how increased noise and traffic would have a negative impact on their community and quality of life. Negotiations lead to modifications as well as the withdrawal of some requested variances. The style of the building was altered and there will not be any flags on the roof of the building.  The amount of signage has decreased and a substantial buffer will be planted along the southern property line as well as a second fence to muffle sounds and to block ambient light.

The town will permit the requested twenty-two speakers but no more than three speakers can be in use at one time at the drive in.

Traffic issues are being addressed by increased security, full access in and a right-turn-only exit from a curb cut on Alexander Avenue. 

The applicant, having received its special exception, may move forward and file a site plan. 

Comments

[Barry]

So let's review: A chunk of the property on the south east corner at Middle Country Rd. is taken to reconfigure Alexander Ave., then mysteriously right after Sonic is trying to squeeze into that same corner property. Nesconset residents respond with valid issues/concerns not just NIMBY-ism. Smithtown Board says 'OK residents, we agree let's stop this insanity' (with an obvious nod and a wink to Sonic/Landlord). Smithtown Board then turns on it's own residents and approves Sonic with 'changes'. Who do you suppose is going to monitor the sound (only 3 speakers at a time?), the traffic (right turns only exiting onto Alexander Ave?). Clearly the Smithtown board values Sonic and probably the land owner of that corner above all else. I hope all of those negatively affected by the Smithtown Board's decision will remember how you were treated by those you put in office. I realize somehow Sonic has a more powerful vote than you, but think about your response to this travesty as you try to exit your driveway in the area, or get a little peace and quiet at night when sound travels much further. Thank you neighbors, you tried!

[john]

i think we all aee that someone was paid off. I believe the town board didnt make a mistake but did on purpose so sonic wins on appeal. Cant wait till the first incident with violence late at night.

[daniel]

an additional restaurant to a town will create jobs for people of smith town so let embrace it.

[Elle]

Only 3 out of 22 speakers can be used at the same time? LOL, can't wait to see how that works out! That's a recipe for bankruptcy & another abandoned building like Checkers right down the road!

[STEVENS]

The timing of the light at corner of Jericho and Alexander Avenue allows cars to back up past the proposed egress from the site...What happens when cars cannot exit and start inching into traffic??? Also anyone familiar with area knows what that road is like at holiday season...cars backed up from Jericho to Dover Hill...thanks town board...