By Karenlyn Barone
At a news conference at the site where the controversial store was to open, Mayor Joseph Carrigan told the crowd of residents and village officials who had gathered, "A letter of agreement has been signed by the attorneys representing the applicants for the check-cashing store and the village attorney. Pursuant to this agreement, the application for the check-cashing store will be withdrawn."
A cheer rose from residents, including Joan Martin, who has been openly opposed to the venture. "I'm so happy, I'm almost in disbelief," she said. "The residents proved they could fight for what's right."
According to Carrigan, the owner of the property, Lamdros D. Ballas, will also execute a covenant and restriction in favor of the Village of East Rockaway, that a check-cashing store can never open or operate at the location, the corner of Atlantic and Centre avenues. In exchange, the village has agreed to pay a small portion of the damages that the applicants, Charles Guttilla and Paul Gunder, claimed in recently commenced litigation.
"This settlement is a victory for the residents of East Rockaway," said Carrigan.
A large group of residents and several village trustees have spoken out against the proposed establishment, and there have been many heated arguments on the year-long road to resolution. In February 2004, the East Rockaway Building Department denied a permit to co-principals Guttilla and Gunder, of Ballas SIS Properties, for a check-cashing business, citing insufficient parking. The applicants filed an appeal, and their case was heard before the Board of Zoning Appeals in May. No residents attended, and with no opposition from the floor, the board granted the applicants a permit to open the business across from a parochial grade school, a block away from a public elementary school and down the block from a Catholic church. Residents protested that they were never properly notified about the hearing, and never afforded the opportunity to have their concerns heard by the board. They rallied, presented petitions of opposition, and packed every subsequent board meeting, demanding that the board reopen the hearing.
At the village board meeting last Aug. 9, a petition with well over 700 signatures was presented, prompting a subsequent stop-work order to be issued by the BZA later that month. In September the board agreed to rehear the case.
Gunder, the owner of 10 other check-cashing locations, acknowledged that the industry does not have a great reputation, but said that he planned to be a good neighbor. His words fell on deaf ears. Residents continued to call for a ban on such businesses in their neighborhood, citing the danger to children attending nearby schools, pre-existing parking problems on the corner and the undesirability of such a business in their village.
Residents expected a ruling at the November meeting of the BZA, but President Murray Eskenasi postponed the board's decision when the applicants' attorney submitted papers that same morning, leaving the board insufficient time to review them. Eskenasi promised to re-convene after the new year.
On Dec. 13, Carrigan and the village board deflected the heat from the BZA by declaring a six-month moratorium on new commercial construction. This temporarily stifled any discussion of the check-cashing business. But the applicants filed a claim for damages early this year, relating to the more than $45,000 they said they had spent on the proposed business, and another $45,000 in alleged outstanding commitments.
At that point, the mayor and the board stepped up problem-solving discussions and approached the applicants, determined to resolve the situation once and for all. The mayor's announcement seems to close the door on the business once and for all.
"We have stated from the beginning that this location was inappropriate to have a check-cashing store," said Village Trustee Ed Sieban. "Its proximity to the parochial school and public grammar school, and lack of adequate parking, made this storefront an unsafe place to operate this type of business." Sieban, who was vocal in his opposition to the store, added that, in his opinion, the agreement preserves the safety and welfare of the entire community.
"This is probably one of the greatest days for the residents of East Rockaway," said Irene Villacci, who decided to run for village trustee in the upcoming election partly because of her opposition to the check-cashing store. "This is proof that the village board does represent the people, and that we have a mayor and a village board who are working for us."
It was easy to read the joy on the face of Sister Marylin Grosselfinger of St. Raymond's School. "We are ecstatic," she said. "The voices of the people have been heard."
Comments about this story? KBarone@liherald.com or (516) 569-4000 ext. 202.
