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Odor issues persist at Bombay Kitchen as Port Washington North nears decision

Port Washington North Mayor Robert Weitzner said he may not plan to continue 85 Channel Drive's conditional use permit after odor issues continue.
Port Washington North Mayor Robert Weitzner said he may not plan to continue 85 Channel Drive’s conditional use permit after odor issues continue.
Larissa Fuentes

Odor complaints tied to operations at Bombay Kitchen, located at 85 Channel Drive, remain unresolved despite multiple filtration upgrades, building inspector Robert Barbach told the Port Washington North Board of Trustees, warning that the village may be nearing a decision point after more than a year of extensions on Tuesday, Jan. 20.

Barbach said odors were detected at the site on Dec. 23, Dec. 31 and again the morning of the meeting, though he noted the smell was less severe than in earlier complaints.

“It is not the rancid odor that has been the most objectionable,” Barbach said, “but it’s still emitting an odor, and it’s not even the worst product.”

Barbach said he has alternately imposed and lifted a cease-and-desist order to allow the operator to continue testing new filtration systems, adding that the business has installed multiple filters in various configurations. Still, he expressed doubt that further adjustments would solve the problem.

“In all honesty, I don’t think they can get rid of the odor,” Barbach said. “They’ve been through so many filters now, and it’s really up to this board.”

The facility operates under a month-to-month conditional-use permit, which trustees have repeatedly extended while the operator attempted to mitigate odors. Barbach said the applicant has acknowledged limitations in further improvement and is seeking additional time while exploring relocation or a sale.

Mayor Robert Weitzner said the board must weigh whether continued extensions are fair to nearby residents.

“Do we want to subject our residents to another nine months of this while they find a buyer and find a place somewhere else?” Weitzner asked. “We’ve already given them a year and a half to try to solve this.”

While no formal action was taken, trustees agreed the upcoming February public hearing would be critical in determining whether the permit will continue to be extended or allowed to expire.

Elsewhere in the meeting, trustees approved a $360,000 payment abstract, largely driven by roadwork costs. About $250,000 of that total was tied to paving work, with $210,000 expected to be reimbursed by New York State and the Port Washington Water District. Snow removal and salt expenses added roughly $20,000.

The board also approved several tax grievance settlements but tabled one proposed agreement to seek clarification on a steep reduction in assessed value. Officials said the village is seeing a surge in tax certiorari cases and may need to rethink its budgeting for future settlements.

Weitzner also addressed stepped-up enforcement of the village’s sidewalk snow removal code, saying summonses were issued to repeat offenders, including some near school bus stops.

Weitzner added that enforcement protects homeowners and the village.

“We are actually doing them a tremendous favor regarding liability,” he said. “I’ve seen enough slip-and-falls to know how serious this can get, and it’s all avoidable.”

Other actions included discussion of new directional signage near Shore Road and Channel Drive to guide visitors to Village Hall and Village Court, and approved grievance day for Tuesday, Feb. 17, from 10 a.m. to 2 p.m. The board and assessor will hear complaints regarding assessments.

The board is scheduled to revisit the 85 Channel Drive matter at its February meeting, when the public hearing is expected to shape the village’s next steps.