Tensions ran high at Port Washington North’s Board of Trustees meeting on Wednesday, Sept. 10, as officials pressed the owners of Bombay Kitchen over ongoing odor complaints, permit delays and repeated violations of cease-and-desist orders.
“You’re ignoring the cease-and-desist orders, you’re ignoring the notices of violation,” said Trustee Matthew Kepke. “That’s thumbing your nose at this board, at our building department and at our residents.”
The food production facility at 85 Channel Drive, which manufactures falafel and snack products, has been under scrutiny for more than a year as neighbors in the Mill Pond Acres community have complained about strong odors and noise from refrigerated trucks.
Village officials expressed frustration that the business had continued operations despite stop-work orders they said were issued on July 10, Aug. 12, Aug. 28 and Sept. 4.
The company’s representatives, including attorney Michael Sahn, engineer Matthew Bendix and architect John Machio, appeared at the meeting to assure the board that corrective steps were underway.
Bendix arrived carrying finalized engineering plans and told trustees that a new CaptiveAire filtration system is ready for submission and review.
“The intent is to have a full filing package ready by the end of this week,” Bendix said.
He explained that once the system is delivered Sept. 23, installation would take “about a week,” with testing shortly afterward.
“This is not a complicated piece of equipment. It’s really uncomplicated … a box with filters and a fan on it,” he said.
Kepke, however, pressed for more transparency about what exactly the system will eliminate from the air.
“We need to be able to go back to residents and say, ‘This is what’s being discharged, and this is why it’s safe,’” Kepke said. “This is not a check-the-box exercise. This is about transparency for the community.”
Company owner Sanjiv Mody defended the facility, saying that they had tried an interim odor control system and had already halted some production.
“We shut down falafel last week,” Mody said, though trustees noted that production had continued for weeks despite violations being issued.
Mayor Robert Weitzner pointed out inconsistencies in the company’s claims, saying that North Hempstead officials and nearby residents had also raised odor complaints about the company’s 76 South Bayles Ave. operation, contrary to the owner’s testimony.
“Don’t upset us and insult us anymore by trying to paint a rosy picture,” Weitzner said. “We’ve been honest with you, and we expect the same honesty in return.”
Trustees also raised concerns about the company’s plan to redirect its exhaust toward Channel Drive, where the village is planning a new park designed for children with autism and sensory sensitivities.
While no decision was made, the board made clear that the company’s ability to continue operating under its conditional use permit will depend on meeting deadlines, providing the long-requested discharge report and complying with village orders.
“This board is starting to lose patience with the ‘oops, we’ll fix this’ responses,” Kepke said. “You need to work with us over the next 10 days to show progress.”
The company’s conditional use permit is set to expire Sept. 15, with a public hearing scheduled Oct. 14 on whether to renew it.
In addition to discussing the status of Bombay Kitchen, the board also passed two new local laws.
A new local law requires that defect complaints, such as reports of broken sidewalks or potholes, be submitted in writing via hard copy to the village clerk. The change follows a 2024 New York Court of Appeals ruling that broadened what constitutes valid notice under state law, including emails and possibly even social media posts.
“This is archaic, yes,” said Weitzner, “but it’s the right thing to do. We need to make sure residents know they must submit complaints in writing so they don’t get lost.”
The second law restricts private commercial garbage haulers from picking up trash before 7 a.m. or after 6 p.m. Monday through Saturday. Weitzner said the move came after repeated complaints about trucks arriving at 5 a.m. and waking residents.
“It’s bad enough that the noise happens during the day,” Weitzner said. “But for it to happen in the early hours is unacceptable.”
Violators face fines of up to $250 per incident. The law does not affect residential pickup, which remains under the Port Washington Garbage District’s control.
Both measures take effect at a later date once filed with the state.
The board also heard updates from the Public Works Department, which recently installed two of three new electronic speed monitoring signs. The devices were placed on Radcliffe Avenue and Soundview Drive in an effort to slow drivers and improve safety.
The board also appointed Board of Zoning Appeals member Richard Gallucci as the new chairperson of the board. The current chairperson, Paul Joseph, is stepping down for retirement.
Weitzner said he has an idea for who will step onto the board to take over the empty space as a member, but wants to wait to introduce him to the board before making any final decisions.
