By Nick Buglione
The East Meadow Civic Association, headed by President Robert Zafonte, held a meeting June 10 with about 35 residents and tentatively agreed to start collecting money to hire a traffic expert who can offer testimony on the community's behalf should the Hempstead Town Board of Zoning Appeals hold another hearing on the Taco Bell, Zafonte said.
Meanwhile, the Council of East Meadow Community Organizations held a smaller meeting with a handful of residents who live in the immediate area surrounding the Meadow Plaza Shopping Center on Front Street two days later. There, CEMCO Vice President Richard Bivone, who's been handling this issue for the civic group for over two years, said he advised those in attendance that the smartest thing to do is wait and see how the situation develops.
"Everybody should back off," Bivone said. "Let's wait and see what happens with the appeal, and there's always a chance the applicant might pull the project."
The Hempstead Town Board of Zoning Appeals is currently contesting the state Supreme Court's April 29 ruling that reversed its decision to deny Taco Bell the necessary special-use permits and parking variance to build a new restaurant, effectively killing the project.
The fast-food chain proposes to construct a Taco Bell/Pizza Hut Express on a 27,445-square-foot parcel inside the shopping center, which would have a double window drive-thru. Once completed, the new restaurant would replace the current Taco Bell, which is located farther down Front Street, near Merrick Avenue.
A Taco Bell in the Meadow Plaza Shopping Center, the board had previously decided, would have a serious negative impact on area parking and traffic. They also cited concerns with sanitation.
Yet, when Taco Bell appealed, the state Supreme Court eventually overturned the Board of Zoning Appeals' ruling, asserting that there wasn't sufficient evidence to support its findings.
Supreme Court Judge Joseph Covello ordered the board to grant Taco Bell the special-use permits, which would allow it to install a drive-thru and an illuminated sign, and reconsider its initial determination on the parking variance.
If the board's appeal of the Supreme Court decision fails, it'll have to hold another hearing on the parking variance, meaning residents would have the opportunity to provide more concrete evidence to support their opposition.
That would most likely entail hiring an expert to cite potential parking and traffic problems that the Taco Bell might create at the Meadow Plaza Shopping Center. It would cost at least $2,000, according to Zafonte's estimates -- money his civic association believes residents should start collecting now.
"My sense is that they're willing to go for fund raising to fight this," Zafonte said, adding that the East Meadow Civic Association would solicit the donations and hold them in a bank account. "If this is done correctly, we can win."
Zafonte also maintains that waiting for the decision on the Board of Zoning Appeals' appeal, which could take over a year, would be a waste of valuable time that could be spent raising money to hire a traffic expert. If the board's appeal is upheld, making the point of hiring an expert moot, the money could be returned to the donors.
The East Meadow Civic Association will probably hold one more meeting with the community before fund-raising begins, Zafonte said.
Bivone, however, believes that so much can happen between now and the decision on the board's appeal that it's not worth raising the money yet. Taco Bell could pull the plug on the project or compromise with the community, he said.
"It's too early yet. You're starting the race and you might not have enough gas to finish," said Bivone, whose RMB Drafting company often prepares and files variances for its clients.
He also said to effectively fight the proposal in a hearing the community would more than likely have to hire a lawyer and other experts outside of a traffic specialist, which could cost from $5,000 to $12,000. It's doubtful anyone would be willing to take this case pro bono, he added.
