By Nicole Falco
Jordan Hyman, a Valley Stream attorney, filed the temporary restraining order on behalf of 10 East Merrick Realty Corp. LLC. The corporation comprises the owners of the office building at 10 E. Merrick Rd., which is behind the parking lot the village is seeking to sell. The judge's decision is expected the week of Nov. 25.
On behalf of his client, Hyman alleged in court papers and at a Nov. 18 public hearing before the Village Board of Trustees that the parking lot is a public trust property, similar to a park, and therefore can not be sold to a private entity without the approval of the state Legislature. Hyman added that the parking lot isn't surplus property but rather is an asset to residents and local merchants, including his client.
"Part of the reason why [10 East Merrick Realty] bought the building was because of the municipal lot," Hyman said.
According to Hyman, the parking lot is used by the patrons of a number of the tenants in his client's building.
The village's plan to sell the parking lot has been in the works for months and has been a matter of public record.
At an April 1 public meeting, the village board determined that the lot was "no longer needed for public purposes" and voted in favor of authorizing the village to enter into a contract to sell the lot for $275,000 to B&B Coverage Ltd., a property and casualty insurance company with a financial services division, has offices in Valley Stream and Lynbrook.
The sale of the lot to B&B, which is doing business as One East Lincoln Realty Corp., is contingent on the purchase and development of the Knights of Columbus Father Thomas F. B. Carroll Hall, which is adjacent to the lot. After purchasing the K of C Hall and the adjacent lot, B&B hopes to combine its two offices. Last May 20, the board voted to allow the village to contract with One East Lincoln Realty Corp., subject to approval by the Zoning Board of Appeals regarding the development of the K of C.
At its Sept. 17 decision meeting, the ZBA voted unanimously in favor of the company's request for a variance to carry out its proposed renovations, which include an atrium. The final step had been scheduled for the Nov. 18 meeting of the Board of Trustees, during which the board was expected to vote on a local law that would authorize the village to enter into a purchase money mortgage with One East Lincoln Realty Corp. to sell the parking lot, with the $275,000 purchase price payable over 15 years at an interest rate of five percent. But the board voted to table its decision until the judge's decision has been made.
According to Mike McKenna, village attorney, "A purchase money mortgage is law-abiding," and the village has the right to enter into a contract with One East Lincoln Realty. The village is seeking to have the temporary restraining order dismissed.
"Arguments should have been made in April and at the zoning board hearing," McKenna added.
If the judge dismisses the case, a special meeting of the village board will likely be called, during which the board will vote on whether it will enter into the purchase money mortgage. If the judge rules that there is merit to the claims made in Hyman's motion on his client's behalf, then 10 East Merrick Realty's next step could be a lawsuit.
Other than 10 East Merrick Realty, little other opposition was expressed to the proposed sale. Bill Freda, a village resident, did offer his opinion that the parking lot's $275,000 price was not consistent with the current real estate boom.
The village hopes that the pending sale of the parking lot and the proposed multi-million-dollar development of the Knights of Columbus hall will spark the ailing Rockaway Avenue economy. If the deal is completed, the Father Carroll Council will hold its meetings on its regularly scheduled days at the American Legion Hall on Roosevelt Avenue until it can purchase a new building.
"We are trying to do the right thing for Rockaway Avenue," Cahill said. Trustee Richard Coffman said during the hearing, "If we, as a community, don't take a proactive role in assisting Rockaway Avenue, we won't have to worry about [parking] because nobody will come to visit."
Hyman, once again on behalf of his client, also alleged that the Nov. 18 hearing was held in violation of the temporary restraining order.
