Growing pains Malverne nursery fights to survive after squabbles with village
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The owners, Dominic Natoli and Jimmy Schimmenti, both 35, say they are the target of nit-picking politics. They complain that their livelihood has been compromised by insignificant summonses and setbacks, even though they feel they are a true asset to the village. The Village of Malverne contends that the partners have been negligent in securing necessary permits, and that it is merely responding to complaints made against the business by area residents.
Natoli and Schimmenti's original 1998 agreement with the property's landlord, Hugo Clark, stipulated that they would lease half the nursery property (then the Malverne Garden Center) to run their landscaping, planting and design business. The other half of the property would remain in the hands of the landlord's sons, for the sale of chemicals, flowers and the like.
While Natoli and Schimmenti worked hard to clean up their designated half and conduct a successful business, they contend that the landlord's sons let their half decline. The result was a rat-infested eyesore on the north end of the property, which abutted neighboring houses on Ackley Avenue.
"The landlord got fed up with his sons and decided it was time to sell," said Natoli. "Jimmy and I started negotiations to buy the property, and at the same time had conversations with the superintendent of buildings about our plans for the property."
The childhood friends took over the business in October 2001, and since then, according to Natoli, they've had nothing but problems. "As soon as we took over the whole property, everything went downhill," said Natoli. "We started getting tickets for everything -- the parking lot, signs -- the building superintendent got very technical on all issues."
Natoli said he and Schimmenti worked hard during the winter of 2001, preparing for spring. The greenhouse was in need of major repair, the buildings needed to be painted and the sprinkler system was no longer sufficient for the growing nursery. It was during the sprinkler system upgrade that the building inspector halted the work, telling the partners that they needed a permit to continue.
Natoli insists that they were not installing a new system, just extending and upgrading an existing system, so there was no need for a permit. He readily admits that things got ugly and angry words were exchanged.
Coincidentally, it was around this time that the partners initiated an unrelated legal issue with Building Superintendent Bob Solarino. "Let's just say we were in litigation," Natoli said. "We approached the mayor and requested another inspector be hired after that, so that everything was fair."
The mayor agreed, and another inspector was assigned to monitor renovations to the nursery. It continued to be fined for minor infractions, but they were usually dismissed by the Village Court judge, or a compromise was reached between the parties.
"I think that the only reason we keep getting fined is because somebody wants this property," said Natoli. "It's all about politics in this town."
Not wanting to entangle themselves in those so-called politics, when the partners decided to sell propane at the nursery, they did not seek permission or permits from the village. Rather, they attended required classes, became certified and licensed to pump propane and had an 1,100-gallon propane tank installed on the property.
"I knew the village would deny us," said Natoli. "Instead we went through the Nassau County Fire Marshall, who approved our plans, and we had the tank installed last April. The Thursday before Memorial Day weekend, the Village of Malverne shut us down by an order to show cause from the Nassau County Supreme Court."
The village held fast that a permit should have been obtained before the tank was installed, and the court upheld the village's claim. Natoli and Schimmenti were ordered by Judge Peter Skelos to remove the propane from the tank. Currently, the partners are working to resolve the issue through the zoning board. At a Nov. 24 zoning board meeting, Natoli and Schimmenti were told that they would now have to file the long form for a permit with the State Environmental Quality Review Act (SEQRA), rather than the short form they had previously submitted. The sale of propane is a lucrative business, and one Natoli says they need to survive.
"I want people to know that I'm here for the benefit of the community, not to hurt anyone," said Natoli. "But I'm here like all businesses, to make money, and I need the propane tank to do that."
Village Trustee James Callahan said that while he understands Natoli and Schimmenti's predicament, he contends that the partners have brought the trouble on themselves by not getting the proper permits.
"The village has tried to work with them in many ways," said Callahan in a telephone interview. "There are issues with complaints from both the residents and Woodland Nursery, but many of the things Woodland does and gets tickets for they bring upon themselves. It is like a self-induced hardship."
Callahan said the village has safety concerns with the presence of the propane tank, particularly that the fire department is not equipped for a potential propane fire, but, nevertheless, it would like to see all issues reasonably resolved.
"I don't want to see them leave," he said of Natoli and Schimmenti. "I personally like having a nursery in the village."
But leave is what Natoli says he and Schimmenti will be forced to do unless they get approval to sell propane. "I'm lucky if I make a living now," said Natoli. "My spirit is broken and most of my money goes to lawyer's fees. I'm wasting time in court, when I should be home at night putting my children to sleep."
The partners just want a picture-postcard nursery, without the ugliness. "We just want to do business here," said Natoli. "I thought Malverne would be the greatest place to own a business. If I knew then what I know now, I wouldn't have done this."
Calls to Building Superintendent Solarino and Mayor Anthony Panzarella were not returned.
