Listen to this articleA San Francisco-based developer has filed a lawsuit against the Town of Babylon’s Zoning Board of Appeals for denying requested variances that would have allowed the construction of a warehouse and distribution facility in Farmingdale.
The company, Prologis, has proposed building a 121,931-square-foot warehouse on a 6.06-acre lot on the north side of Conklin Street, west of Route 110. The new development would replace a 20,823-square-foot domed structure used as a soccer training and sports facility and a 38,490-square-foot building that was formerly home to the Farmingdale Lanes bowling alley but no longer in operation.
The property, which Prologis acquired in 2022, is zoned for industrial use and surrounding properties are also used for industrial and commercial businesses, according to the lawsuit.
Prologis filed the Article 78 lawsuit earlier this month, claiming that the town’s ZBA “acted arbitrarily and capriciously, and abused its discretion,” in denying requested variances, that included increasing the maximum building size from 40 percent of the lot to 46.19 percent; allowing a front yard setback of 54.95 feet instead of the 10 feet listed in the town’s building code; providing parking for 131 vehicles instead of the required 242; allowing parking in the front yard setback; and permitting overnight parking of tractor trailers.
At ZBA hearings on the project in January and March, some community members opposed the plan mostly because of traffic concerns. But the developer’s consultant Nelson + Pope said the results of its traffic study showed no adverse impacts for the area.
Prologis said it addressed concerns raised through public comments and the ZBA members in an April 16 letter, according to the lawsuit. However, in August, the ZBA voted to deny the requested variances and prepare written findings to support the denial. In the lawsuit, Prologis maintains that no findings have been presented to the ZBA for adoption and no formal written decision has yet been issued.
A Babylon Town spokesman said they can’t comment on active litigation.
“We are disappointed in the zoning board’s decision and plan to appeal,” a Prologis spokesperson said via email. “When built, Conklin Street Development will be a modern and sustainable logistics facility development that will add value to the community by providing jobs and contributing to the local economy.”
The Prologis lawsuit, filed on its behalf by attorney William Bonesso of Uniondale-based Forchelli Deegan Terrana, is seeking to reverse and annul the ZBA’s variance denials, and reimbursement of costs and legal fees.
The Prologis spokesperson wouldn’t reveal the company’s total investment in the Farmingdale project, which doesn’t yet have tenants and is being built on spec. This would be the developer’s second industrial project on Long Island. Prologis purchased 17 acres in Bethpage formerly owned by Northrop Grumman for $51.2 million in April 2022. The company is building a 239,070-square-foot warehouse and distribution complex on the site at 600 Grumman Road and the $106 million Bethpage project was assisted by economic incentives from the Nassau County Industrial Development Agency.
Prologis is a publicly traded real estate investment trust that owns more than 5,500 buildings in 19 countries totaling over 1.2 billion square feet. It has about $93 billion in total assets and reported net income of $3.05 billion in 2023.