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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.