The mayor and the Village of Mineola Board of Trustees considered a local law that distinguishes between take-out and sit-down restaurants when the board considered an application for a special use permit.

Under the current code, a sit-down restaurant, which has tables and waiters/waitresses, can convert into a fast-food restaurant and vice versa without any interference with the village board as long as a food use permit was granted.

The new law allows the board to now distinguish between fast food and take-out restaurants when considering a food use permit. "I think it's pretty clear that the impact from a sit-down restaurant is different from the impact of a take-out restaurant," said Mayor Jack M. Martins.

Under the law, an establishment with a permit for a fast-food restaurant may sell to another fast-food establishment but not to a sit-down establishment without first going before the board. An establishment with a permit for a sit-down restaurant may sell to another sit-down establishment but not to a fast-food establishment without first going before the board.

The spirit of the law is that since there are two different types of restaurants, the village board should have the opportunity to consider an application to change from one restaurant to another.

The mayor pointed out that there could be areas that are appropriate for a sit-down restaurant but not for a fast-food restaurant.

Fast-food restaurants tend to create more traffic and there may be areas that aren't conducive to more traffic.

According to the proposed law:

A sit-down restaurant is defined as "a food-service establishment in which at least 60 percent of gross revenue is derived from seated patrons who dine on-premises inside the building occupied with waiter/waitress service."

A take-out restaurant is defined as "a food-service establishment in which less than 60 percent of gross revenue is derived from seated patrons who dine on-premises inside the building occupied with waiter/waitress service."

Mayor Martins and trustees Larry Werther, Linda Fairgrieve, Paul Cusato and John Davanzo all voted in favor of the law, which was passed unanimously.

The only member of the public to speak on the proposed law was Bill Urianek, who spoke in favor of it. Urianek also urged the board to consider doing away with drive-thrus for restaurants in Mineola.

The proposed law must first go to the Nassau County Planning Commission and then be filed with the Secretary of State before going into effect.

The village board also heard an application by John Alden, owner of Barron Body Works. Barron has operations on 380 Sagamore Avenue. Alden also owns the property 381 Sagamore Avenue. The plan is to build a new 9,000 square foot, state-of-the-art auto body facility on 381 Sagamore Avenue. Alden would then sell the 380 Sagamore Avenue property. The village board doesn't seem to have any objections. The board will not vote on the application until a recommendation comes back from the Nassau County Planning Commission. However, it looks as though the application will be granted with the stipulation that Alden cannot sell the 380 Sagamore Avenue property to another auto body or auto repair business.