By Robert Remler
Fate of West Indian eatery application removed from Zoning agenda
Some residents of Valley Stream's west end are adamantly against a planned restaurant on West Merrick Road, and made sure village zoning officials knew about it at the Board's "decision meeting" last week.
Residents opposing the proposed West Indian restaurant at 867 West Merrick Road stood outside village hall behind locked doors while waiting for the August 22 decision meeting to begin. Occupying every seat inside the room, they were told there would be no discussion of, nor any decision made, on an application to open the eatery near Hook Creek Road. The group of residents are opposed to the granting of waivers from zoning codes at the site for parking, safety, and environmental reasons, they say.
Though some residents had received notice of the postponement by certified mail sent on August 16th, that notification was not enough to keep them away from the Board of Zoning and Appeal meeting. Roberto Santiago, one of those against the restaurant, acknowledged to Zoning officials that he had received a letter saying the matter would be discussed at a Public Hearing on September 5.
However, when Mr. Santiago came to Village Hall to confirm the postponement, he said that notification of Case 1660 was posted on village hall doors. "That was just a routine," village attorney Patrick McKenna told Mr. Santiago.
Zoning chairman Ken Bond told those gathered why the application submitted on behalf of Derrick Smith, the restaurant owner, would not be heard. "The Mailleader did not properly print the public notice," he said. Mr. Bond explained that village code requires proper notice of pending cases. Since such notice didn't appear, "[W]e will not discuss the restaurant tonight," he said. "It will be discussed at the public hearing on September 5."
The chairman's words did not soothe the residents. "We are here. Some of us are going to stay," said Mr. John Humins, a Washington Avenue resident.
Mr. McKenna invited the residents to stay for the duration of the decision meeting. "It's (case 1660) not going to be decided tonight because technically the board doesn't have jurisdiction to decide the case because legal notice was not put in the newspaper," he said.
Mr. Santiago said that he and his neighbors are determined to see the process through to its resolution. "We are going to follow the letter of the law. We expect everyone here to follow the letter of the law...You represent us," he said.
"I would like to know what's going on with this restaurant," a man called out from inside the boardroom. The man who did not give his name said construction for the restaurant is already underway at 867 West Merrick Road.
"Someone is going through the back door," called out a woman.
Chairman Bond repeated that the matter would be discussed at the public hearing in September. "The applicant will be represented... he is not here tonight to hear anything you have to say, in all fairness to him," said Chairman Bond. Neither Dominick Minerva, attorney for Mr. Smith, nor Ijo Grayevsky, the building's owner, was present.
After further comments were made by the group, Board member Marvin Ronik explained the difference between a decision meeting and a public hearing. "When we have a hearing we have public input. When we have a decision meeting the public is not allowed to talk," he said.
At the urging of village building inspector, Tom Viani, the board was urged to call the next case on their agenda.
"They [the Zoning Board] are not being fair in what they are doing," said a Valley Stream resident who gave her name only as Rose. "They are putting this thing off while they are doing work at the place," she said while standing in a darkened corridor.
Village Clerk Vincent Ang confirmed that the legal notice was mailed to the Mailleader in a timely fashion. He said that the Mailleader contacted the village and said that the notice had not been placed while they changed addresses. Mr. Ang said that no construction is taking place at the proposed restaurant site. "We have been watching it," he said.
