The Port Washington North Board of Trustees extended its review of odor complaints involving a food manufacturing facility on Channel Drive, Bombay Kitchen.
During the meeting board also discussed new parking rules for parks, yard sale regulations and updates on public works and village operations.
Trustees devoted much of the meeting to the ongoing conditional use review of operations at Bombay Kitchen at 85 Channel Drive, where a food production business has repeatedly been cited for odor emissions affecting nearby homes.
The facility has been operating under a month-to-month temporary permit while a new exhaust and filtration system is installed and evaluated.
The applicant’s attorney, Michael Sahn, presented a report from mechanical engineer Matthew Bendix, asserting that the food exhaust “is safe to inhale, has no known carcinogens, and has no known negative impact on human health.”
But Trustee Steven Cohen questioned how Bendix reached that conclusion, given that he had previously stated he did not possess the specialized expertise to determine potential health effects at the October meeting.
“I’m a little bit concerned that this doesn’t answer the question from last month around the public safety implications,” Trustee Matthew Kepke said.
Building Superintendent Bob Barbach said multiple rounds of testing have produced mixed results, though the most recent test, using a higher fan speed, showed the least detectable odor of one product, Sub-crunch, to date. Two new charcoal filters are scheduled to arrive this week, further improving the system.
Barbach explained that adjustments to both the filtration materials and the fan’s RPM are ongoing.
“We agreed to start with the sub-crunch because it was the least offensive,” he said, noting that other products, including a chickpea-spinach fritter, produce stronger odors and remain untested.
The discussion widened when the board learned that the company may have shifted some production to another Port Washington location during the temporary shutdown, an area where new odor complaints have since surfaced. Kepke said he has heard from residents outside of Port Washington North complaining about the company’s second location on 76 S Bayles Ave.
Bombay Kitchen owner, Sanjiv Mody, said he has not heard about any complaints outside of Port Washington North.
“The last thing we want to do is solve our problem and pass it on to another municipality,” Mayor Robert Weitzner said. He added that any future permit decisions will consider the broader community impact, not just the facility’s performance in Port Washington North.
Weitzner said he would also share all technical findings with officials in the Town of North Hempstead to ensure that any successful mitigation strategies are applied consistently throughout the region.
The board agreed to extend the hearing, in a 3-2 vote, and the temporary permit to Dec. 11 so testing can continue. The trustees requested that Bendix attend the next meeting in person and stated that the village may hire its own expert, at the applicant’s expense, to independently review the emissions data.
Earlier in the meeting, the board unanimously adopted a measure allowing the village to set time limits for parking in municipal lots adjacent to parks.
The change, which modifies the village’s conduct rules for parks, aims to prevent non-park users from occupying limited parking spaces.
Weitzner said parking at Bay Walk Park is often monopolized by people who leave their cars and spend the day elsewhere.
“It is a disservice to people who want to enjoy our park if they can’t find parking,” he said.
The measure allows the board to impose time limits by resolution, rather than through a formal code amendment, providing flexibility to tailor restrictions to individual parks or future recreational facilities.
Weitzner said enforcement will accompany any new limits and clarified that kayak users, who typically visit in the morning, would not be adversely affected.
Responding to resident concerns about the frequency of yard and garage sales at some properties, the board adopted a measure limiting such sales to two per calendar year, each lasting no more than two consecutive days.
Weitzner said recurring weekly sales had become disruptive, causing traffic issues and altering neighborhood character. A no-fee permit will now be required, with written violations issued for first offenses and summonses possible for repeat offenses.
Barbach acknowledged enforcement challenges, as most sales occur on weekends, but said that photographic documentation from village officials or residents willing to certify what they observed could be used to support violations.
Public education on the new rules is planned for the spring issue of the newsletter.
The board also granted a three-month extension for a New Oasis development public hearing, rescheduling it to Feb. 10 after the applicant requested more time to prepare.
The board also advanced its long-planned “Together We Play” inclusive playground project, unanimously approving a $1.26 million purchase and installation contract for the equipment through the Sourcewell cooperative buying program, according to the meeting transcript.
The updated design includes a dual zip line accessible to children with and without disabilities, an extensive sensory garden called “Crickets,” wheelchair-accessible spinners, age-specific play zones, communication boards for nonverbal children and a reconfigured layout that preserves most trees on the site.
Weitzner said the equipment has a 33-week lead time, meaning installation will likely extend into early summer as contractors complete irrigation, drainage, electrical work and site prep, with hopes the playground could open by fall or by spring 2027 at the latest.
He thanked New York State for grant support, noting that the village will sign the contract immediately to keep the project on schedule.
The next board of trustees meeting is scheduled for Dec. 11.
