Town board hears both sides on White Castle

After months of waiting, the Town of Hempstead Board of Zoning Appeals finally heard White Castle's application to build a fast-food eatery at the corner of Sunrise Highway and St. Mark's Avenue on Wednesday.

The nine-hour hearing, which began in the morning, ran so long that the BZA had to cancel four others in the afternoon. The board heard White Castle's variance requests for:

•Installation of two drive-through windows.

•Waiving of off-street parking.

•Construction of a refuse/recycling enclosure.

•A special exception to park in front-yard setbacks on Sunrise Highway, St. Mark's Avenue and Royle Street.

•Installation of a double-faced, illuminated, detached ground sign at Sunrise Highway and St. Mark's Avenue, and installation of a menu board with the drive-through windows.

Board member Robert O'Brien announced that BZA Chairman David Weiss, a Bellmore attorney, had recused himself from the case because of his personal relationship with the owners of the property where the White Castle is to be built, the Sette family. Weiss is a longtime friend of Bill Sette as well as his personal lawyer.

Thomas Pantelis, a Mineola attorney, represented White Castle, and Christopher Benes, a Westbury attorney, represented the Bellmore Preservation Group, an ad hoc group of local residents formed to fight the White Castle. Both sides were heard, and time was given for residents and elected officials to speak. Thomas Bray, White Castle's assistant regional director of restaurant operations for New York, Eric Meyn of Bohler Engineering, John Harter of Atlantic Traffic and Design Engineers, Inc., and commercial real-estate appraiser and broker Barry Nelson spoke as expert witnesses on behalf of White Castle.

Bray described White Castle as a family-owned business based in Columbus, Ohio, which began in 1921. He said the 24-hour format of the restaurant has been a part of its identity since then. "We kind of see ourselves as an oasis in the middle of the night," Bray said. He also noted that White Castle currently owns and operates 10 eateries on Long Island.

Meyn presented information about the layout and engineering of the proposed facility. Board members raised concerns over the speaker that would be used at the drive-through. Meyn insisted that "the sound of the traffic on Sunrise Highway will be as loud, if not louder, than the speaker." Yet board member Gerald Wright still questioned how a drive-through speaker would affect residents in the middle of the night. "I have to be concerned about residents sleeping, and I don't think they want to hear people ordering hamburgers," Wright said to the applause of many in attendance.

Harter, whose firm conducted traffic analysis using the Institute of Transportation Engineers, testified that, on average, one car traveled through the drive-through every three minutes between 10 p.m. and 1 a.m. at the Deer Park White Castle. The board questioned why the Massapequa store, which is also on Sunrise Highway, was not used in traffic studies. Harter noted that the Deer Park store was chosen because it was also located on a highway, Deer Park Avenue, and in a residential area. Steven Schneider, the engineering witness for Benes, said he felt that, in reality, a car traveled through the drive-through once every minute.

Nelson testified as to how the store would affect real estate in the area. He noted that the lot, which currently has three homes and Wicks Auto Collision on it, is zoned for commercial use. He later said that the lot "will be redeveloped, and it will be redeveloped commercially."

On the side of the community, real-estate expert Howard Jackson testified as to how the proposed eatery would likely decrease the value of residents' homes. He said that with the three homes and Wick's Auto Collision, the area is currently a low-density commercial area, with a residential presence; if the White Castle were to be built, he said that is would become a high-density commercial area. The houses and Wicks, which sit on the north side of Royle Street, act as a buffer. "The houses on the south side of Royle Street will now become the buffer," if the fast-food restaurant is approved, Jackson said.

Residents were given the opportunity to voice their concerns, as were public officials. Wayne Edwards spoke on behalf of Sen. Charles Fuschillo Jr., a Republican from Merrick. He said the senator opposes the fast-food restaurant. Nassau County Legislator Dave Denenberg, a Democrat from Merrick, also spoke out against the eatery. "This is a 24-hour, seven-day-a-week operation," he said. "The traffic pattern, the new boundary encroaching on the neighborhood, can never be taken back."

Residents agreed. Eileen and Joe Casazza and Matt Walden spoke out in opposition. The three organized the Bellmore Preservation Group. Walden noted that the community realizes the lot will eventually be built on, but White Castle should not be constructed there. "We're looking for smart development," he said, "something that enhances our area."

In the end, O'Brien informed both attorneys that they would receive the hearing's minutes within three weeks and then have 30 days to file their findings of facts. Once the board receives each attorney's findings of facts, the board will survey the sight and make a decision. O'Brien said that most decisions are made within 90 days after findings are filed, but in a case with so much community involvement, more time may be required.

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