By John C. O'Connell
One man's dream is west end residents' nightmare
Plans to open a new restaurant in Valley Stream have met with vocal opposition from residents, and disappointment from the would-be entrepreneur.
Neighbors of the west end site at the corner of West Merrick Rd. and Ocean Avenue gathered last week to protest the proposed eatery, saying there are too many late night businesses already in the area. They say there is only limited residential parking that will be used by the restaurant's patrons, and that decades of automobile service facilities at the site have contaminated it, making it unfit for a restaurant.
"I always dreamt of opening a very elegant restaurant," Derrick Smith told the Herald last week. "I eat out a lot with my family, I have two kids, on weekends we eat out a lot, and I wished to see a very elegant Caribbean cuisine [restaurant]. That was my vision," the Brooklyn College graduate said.
But that vision isn't shared by neighbors looking at the same scene. Opponents of the plan to have a restaurant at 867 West Merrick Road met for the second time this summer at a Zoning Board hearing on September 5. As they did at a hearing on July 11 that was later ruled invalid for procedural reasons, the residents strongly objected, raising the issues of neighborhood character, parking, and perceived environmental concerns. They want the Board to completely reject Mr. Smith's application.
A special use permit is required from the Zoning Board before the site may be operated as a restaurant. Derrick and Marlene Smith now lease the building - formerly Studnick's auto - which they wish to convert into a restaurant serving "West Indian - American cuisine," according to Mr. Smith.
"My family and I are decent people. I live a decent, honest life. My intention was to open a restaurant, a family restaurant, nothing else.... My intention was to cater to anyone who is interested in West Indian food, as I am sure people in Valley Stream are sophisticated enough, who have traveled, and I was reaching out to people from Valley Stream. But it seems as though they express fear of the clientele that I will attract there. I don't know why.
"When they walk in they will see something of class, something representative of some Caribbean cuisine that you might visit if you travel; I'm from Jamaica, and I've been to quite a few restaurants in Jamaica, the Pelican Grill, Rick's Cafe in Negril, and the atmosphere is warm and it's clean and presentable - and that was my intention."
Changes made
As a result of both Board suggestions and public criticisms at the July hearing, changes have been made to the original submission by the applicant, according to his attorney, Dominick Minerva.
Capacity at the restaurant will be reduced to 40 seats, and seats at the bar will be reduced from eight to four. "This will truly be a service bar," Mr. Minerva said.
The hours of operation were also curtailed. The new proposed hours will be Monday through Thursday, 11 A.M. to 11 P.M.; Friday, 11 A.M. to Midnight; Saturday, 8 A.M. to Midnight; and Sunday, 8 A.M. to 10 P.M. "These hours show that it will definitely not be a night time tavern, but truly a family restaurant," Mr. Minerva said. "We're not running a bar here; we're running a restaurant with a bar waiting area."
Past decisions
On parking, Mr. Minerva cited more than a dozen "precedents" in which he said the Zoning Board granted permits and waivers from parking space requirements for other restaurants. Mr. Minerva said these were all examples of "family restaurants" and he told the Board his client deserved "equal treatment."
Zoning Board member George Malekian responded quickly to the attorney. "I think everyone is entitled to equal treatment, but that means that we must do a site review in every case and you know that. Each case is different."
Mr. Malekian observed that equal treatment doesn't mean identical conclusions based on different facts, only equal and fair review of the facts of each case.
Mr. Malekian said that if equality was desired, than Mr. Minerva should note that all other "family restaurants" in Valley Stream were made to close by 11 P.M. by the Zoning Board, but that this restaurant planned to close at midnight. "In the interests of equal treatment, this place shouldn't open later than any other family restaurant, right?"
As for Mr. Minerva's parking precedents, Mr. Malekian said that "the big difference with the restaurants on Rockaway and others you mention is municipal parking." He said that all the restaurants Mr. Minerva cited - while not having sufficient parking on site - were situated very close to municipal parking lots.
The current owner of the property, Ijo Glayeasky, said that if he wanted more parking and a better area he would have moved farther away from commercial property. "This used to be a dump, with drug needles and human waste, now [neighbors] want to blame someone who has the right intentions. We'll do anything we can to make it nice and clean and get rid of the bad elements."
Neighbors object
Several residents of the west end spoke in opposition, saying that parking was totally inadequate, that it would upset the neighborhood character of the area, and that the site could well be contaminated from all the auto repair facilities that have existed there. More than 30 residents attended the hearing of this matter, the majority of whom were there against the application. About the same number attended the July hearing.
Robert Santiago said that the Board's duty was to make decisions that protect people from loss, and that this restaurant will affect the residents' enjoyment of their property.
Darryl Hawes, who said he was a developer of affordable housing, said he is aquatinted with "NIMBY [not in my backyard]" objections, and that that is not the case here. "We are objecting to parking and the time" the restaurant will be open.
Environmentally sick
John Humins, who said he holds a doctoral degree in history, said he objects to the application "for environmental concerns." A Valley Stream resident since 1948, he said, Mr. Humins reported that the site has been used for autos and auto repairs for 80 years. He said that such uses "potentially contaminated" the soil.
"This is a sick building," Mr. Humins said. "We need to verify the soundness of this site. I ask you to scientifically test this site before you make any determination."
Other residents raised concerns about their neighborhood. There is "already too much garbage in the streets," said one West End Avenue homeowner since 1956. Another resident complained of having flowers stolen from just outside her home. Another complained of graffiti in the neighborhood. Others reminded the Board that there is already a 24-hour 7-Eleven on the corner, a pizzeria, a nearby Sons of Italy meeting hall, and other businesses, all competing for the same parking spaces the new restaurant would need, some of which the residents themselves need.
Totally irrelevant
Speaking to the Herald last week, Mr. Smith said that the parking and environmental issues raised by the residents were "camouflage."
"From where it's situated, it has nothing to do with the residential end of it," Mr. Smith told the Herald "There are parking restrictions that would disallow people from parking on their blocks, and it's obvious the entire night was spent on other issues, to stop a restaurant going there, not parking. Parking was not the main issue there.
"It's just like a camouflage. They were getting into stuff that was totally irrelevant, stuff that was far beyond anything I would expect. It's like a double standard. ... By all means they are out to stop that restaurant."
Mr. Smith has paid about $33,000 in three-months deposit and monthly payments, he said. "I was also delayed by the village because I have to wait because of their screw-ups; they made mistakes, they didn't publish [meeting notices] when they were supposed to; and I was penalized."
Constitutional claim
Mr. Minerva told the Zoning Board that a denial by the Board would represent "invidious discrimination," and "violate due process and equal protection sections of the 14th Amendment of the United States Constitution."
Chairman Bond said that the Village Board of Trustees had authorized the Village's consulting firm, Cameron Engineering, to conduct an independent analysis and issue an "unbiased report" of parking and other concerns to assist the Zoning Board in making their decision. Mr. Bond said that the "record will be open at least until we meet again three weeks from tonight," on September 26.
