By:Nick Buglione
The Town of Hempstead Council unanimously passed a code amendment at its April 27 meeting, requiring certain sized businesses to apply for a "special exception" with the town Board of Zoning Appeals when moving onto roads allowing only a single lane of traffic in each direction. Local examples include:
¥Merrick Avenue, from the Southern State Parkway Road in Merrick.
¥And a section of Jerusalem Avenue bounded by Newbridge Road, Little Neck Avenue and Saw Mill Road in North Bellmore.
A recent town study examining how businesses affect traffic congestion on such roads precipitated the amendment. Merrick Avenue and Jerusalem Avenue were just two of 12 thoroughfares included in the study.
"During the traffic study process, we discovered that during peak hours there was significant traffic congestion and delays at these areas," said Michael Galante, executive vice president of Frederick P. Clark Associates, the Connecticut-based firm hired to conduct the study.
The investigation came at the heels of a staunch civic battle in North Bellmore, where residents were fighting Western Beef supermarket's planned move into what was a former Rite Aid at Peapond Road and Jerusalem Avenue. Jerusalem Avenue only allows one lane of traffic in either direction.
Residents and community leaders maintain that the Western Beef would exacerbate an already existing traffic problem. Their outcry prompted town officials to place a six-month moratorium on the move and other projects similar to it.
The proposed Western Beef construction was considered "as of right," meaning the company didn't have to apply for variances or receive any kind of approval from the town Board of Zoning Appeals. As vocal as residents might be in their opposition, little could actually be done to stop such projects in the past. With the amendment, however, residents can now go before the board and challenge a business' special exception application to block the move.
"What it's going to do is afford the public greater input," said town Councilman Gary Hudes, a Republican from Levittown. "It's giving the public the opportunity to have input during a public hearing."
Thresholds, based on a proposed structure's size, will dictate which businesses and organizations have to apply for this special exception.
For instance, any supermarket that's 9,300 square feet or larger must apply. The same goes for any fast-food restaurant over 1,850 square feet or convenience store over 1,300 square feet.
The thresholds were based on how many square feet per structure will trigger 100 vehicle trips during peak hours, according to the town.
"I think it is a good thing for those communities," said Renaldo Nunez, president of the North Bellmore Civic Association. "Now businesses moving into these areas must show that they will not add to the massive traffic problem in those areas. Business must now seek approval from the town's Board of Zoning Appeals. This also gives residents an opportunity to voice their concerns to the board on any business moving into the area."
Andrew Campanelli, a Garden City attorney representing Western Beef, said, "Obviously, my client is disappointed by the new law, and right now we are just reviewing our options."
Hector Flores contributed to this story.
