The attorney for Bombay Kitchen told village officials Thursday night that the business plans to move the portion of its operation responsible for persistent cooking odors out of Port Washington North, a shift that could end a yearslong dispute between residents and one of the village’s most controversial food producers.
Michael Sahn, who represents Bombay Kitchen owner Sanjiv Mody, announced at the Thursday, Dec. 11, Board of Trustees meeting that the company intends to relocate its 85 Channel Drive frying and cooking operations — the activities that have generated repeated odor complaints — to a new facility outside the village, and possibly outside New York State. This does not include the company’s 76 S Bayles Ave. location.
“For business reasons, for the continued good growth of this business,” Sahn told the board, Modi has concluded that “it will be best to relocate a portion of the business, the portion that produces food by frying and cooking operations, to another facility outside of the village.”
Sahn described the decision as one aligned with the interests of both the business and the community, noting that Bombay Kitchen has experienced “tremendous success in Port Washington North since it was opened in 2019,” but has outgrown the site for certain types of food production.
Under the proposal, Bombay Kitchen would continue using the Channel Drive building to produce dairy-based products, which Sahn emphasized do not involve cooking equipment, frying or exhaust systems. “There’s no cooking, there would be no odors, there would be no exhaust from those operations,” he said.
At the same time, the business is requesting permission to continue limited cooking operations for up to one year while it transitions to a new facility. Sahn said that temporary extension would allow the company to “finance the ability to move it outside of the village” and would be carried out under the supervision of the village building department and in compliance with code requirements.
Asked where the new facility would be located, Sahn said no site has yet been selected. “It would be outside the jurisdiction of the village,” he said, adding that it would “certainly [be] outside the Port Washington area, and perhaps even outside New York State,” depending on what best suits the business’s needs.
Mayor Robert Weitzner pressed Sahn on whether relocating production from Port Washington North could have impacts elsewhere, including at the company’s facility in North Hempstead. Sahn responded that the decision “has no impact on that whatsoever” and said Modi has not received complaints at that location and believes he is operating there in compliance with local requirements.
Village Building Inspector Robert Barbak told trustees that while there has been “a great reduction” in odors, the village has continued to hold the business to a strict standard. “We have held a no-odor standard to this point,” Barbak said, adding that some production, including falafel frying, has not been allowed while the company continues to adjust its equipment.
Barbak described the village’s approach as a “difficult balancing act,” saying officials are trying “to assist the business while protecting the residents and remain highly responsive to complaints. Weitzner echoed that sentiment, noting that village staff have responded quickly to reports and investigated issues as they arise.
Trustees ultimately voted to continue the public hearing on Bombay Kitchen’s conditional use permit until Feb. 10. Weitzner said the delay would allow additional monitoring and avoid making a final decision with a shortened board. “I don’t believe it is prudent to bring a brand new lawyer into what could be a final decision,” he said, referring to scheduling conflicts among board members and counsel.
The board also approved a temporary extension of the permit through that date, allowing limited operations to continue under existing restrictions.
Earlier in the meeting, trustees approved a 2026 fire protection and emergency medical services contract with the Port Washington Fire Department that includes a 2.95% increase, bringing the total contract to about $327,900. Fire Department Treasurer Chris Bollerman told the board that cost recovery from ambulance services has significantly offset expenses.
“We’re eclipsing $800,000 of ambulance response money coming in to operate the Port Washington Fire Department now,” Bollerman said, calling it “a huge savings” for taxpayers.
Mayor Weitzner praised the department’s stewardship but warned that the village faces financial challenges ahead due to commercial property tax grievances. “This village is going to be under some significant financial pressure,” he said, adding that the fire department remains “our largest single cost for our budget.”
Trustees also heard from independent auditor Christopher Reno of Cullen & Danowski, who reported that the village received an unmodified, or clean, audit opinion. “You have what’s called an unmodified opinion, which is the best opinion you can have,” Reno said.
Other agenda items included building department updates, enforcement actions at a marina property, approval of tax assessment settlements, and authorization to replace aging shade sails at Baywalk Park.
The board is expected to revisit the issue when the public hearing resumes Feb. 10.
