By Hector Flores
According to Jafar Khan, the association¹s vice president, the issue was raised during the group¹s general membership meeting in March. ³Community residents lodged complaints regarding Beverage Barn,² Khan said.
Khan, who is also chairman of the association¹s Traffic Engineering and Zoning Committee, said that the construction of a shed and metal barriers, the removal of 200 feet of curb area and the conversion of a sidewalk into a parking lot are creating the problems. ³The area has now become terribly congested,² he said. ³Cars and trucks unsafely back up into Route 102, and delivery trucks use the parking area as a loading zone for heavy merchandise. As a result, pedestrians are forced to walk on the street. We are not against business ‹ all we want is safety.²
In an effort to increase awareness of the dangers, the association has sought the assistance of state Sen. Kemp Hannon (R-Garden City) and Assemblyman Rob Walker (R-Hicksville) as well as the State Department of Transportation through a letter-writing campaign.
Subimal Chakraborti, regional director of the state Department of Transportation, said that the conditions in front of Beverage Barn have existed since 1993. ³From our field review, it appears that the current condition has existed for numerous years and that there has not been any recent work done that modified the curbing or sidewalk area,² Chakraborti said. ³We also reviewed aerial photographs that were taken in 1993, and those conditions closely match the current configuration.²
Chakraborti added, however, that the concerns have attracted the attention of the state DOT. As a result, the department will undertake a safety investigation along Route 102, focusing on the Beverage Barn vicinity. He also said that any enforcement issues should be brought before the Town of Hempstead and Nassau County. ³The town is responsible for zoning and land use, and the county is responsible for the maintenance of sidewalks,² Chakraborti said.
With state officials now on the case, the town and county have also become involved. According to Susie Trenkle, spokeswoman for the Town of Hempstead, the town issued seven appearance tickets to Beverage Barn on June 28. Among the issues cited were parking on the front-yard setback, the placement of an ice box, illegal fencing and construction without a permit. Beverage Barn¹s owner, Henry Kane, is scheduled to appear in District Court on Aug. 7.
Trenkle added that Beverage Barn was also issued notices of violation in April.
Nassau County Legislator Norma Gonsalves (R-East Meadow) said that she has sent a letter to the county¹s Department of Public Works ‹ which is responsible for the maintenance of county roadways ‹ and asked that it conduct an investigation. ³I am concerned with the health and safety of the residents in the community, and I have contacted the commissioner of public works [Raymond Ribeiro] to offer whatever resources that I have to assist him in resolving the problems in that location,² Gonsalves said.
Kane said that his business has been in operation since 1961, and he has never received a complaint. ³The curbs have been there since the 1960s,² he said. ³I don¹t know why I have been targeted all of a sudden. I did go for an off-street parking permit five years ago, and for some reason it didn¹t go through.²
Kane, who took over the business from his father, Dan, added, ³The only complaint I had before was of a delivery truck going down 5th Street, right next to me, and that wasn¹t one of my delivery trucks.²
Kane, who recently received his first summons from the town, said he is working to fix the problems on Front Street. ³This is a family business,² he said. ³This is the first time I have received a complaint, and I¹m currently working with an attorney to fix the problems. I¹m just trying to stay in business and pay the bills.²
Richard Bivone, president of RMB, a development consulting firm, is working with Kane to find a solution that will satisfy state and local authorities. ³What we are doing is retaining a civil engineer and an attorney and working with the town and state to come up with a resolution ‹ to answer the questions raised by the recent complaints,² Bivone said. ³We have come up with a preliminary proposal and are just waiting on engineering drawings for submission to the municipality. At the appropriate time we will meet with community leaders and the surrounding residents to discuss this project. Hopefully we will come up with a solution that will be acceptable to all parties.²
Bivone, who is also president of the Nassau County Chambers of Commerce, added that his and Kane¹s top concern is the safety of pedestrians and vehicles. ³The business has been operating successfully for over 40 years,² he said, ³and should be given the opportunity to address concerns raised by recent complaints.²
Comments about this story? HFlores@liheral.com or (516) 569-4000 ext. 283.
