By Liz McBreen
On Jan. 8, it was announced that the Board of Appeals will deny all the permits sought by Hempstead Tire. This decision has many residents breathing a sigh of relief. Hempstead Tire has been a successful West Hempstead business for over forty years. It has also been the source of controversy within the community. Residents have been unhappy not only with the appearance of the Hempstead Turnpike business, but also the storage and business practices of the owner Michael Chazen.
Neighboring businesses as well as residents who live nearby claim the business was repeatedly violating parking laws, and storing its inventory in a dangerous manner. According to West Hempstead Civic Association President Bob Rabey, Hempstead Tire has caused a long standing problem because the owner has ignored the concerns of residents. The business has not been an asset to the community," said Rabey.
In 1985, a fire destroyed the original building on Hempstead Turnpike. Chazen rebuilt, expanding the structure from 1,200 feet to 3,500 feet. According to his lawyer, Wayne Edwards, the owner thought his current permit allowed for the larger building, and only last year was he informed that his permit does not allow for such a large structure. "He had operated for 16 years without a problem," said Edwards.
Since the public hearing on Nov. 13 at Town Hall, the Board has been reviewing the history of the building and its property, its former uses and its current condition. The final decision denied the business a permit for the addition to the building. The requests to "use part of premises for outdoor storage of tires; storage also within front yard setback," and to "waive off-street parking" were denied as well, according to the Board of Appeals Notice of Decision.
Wayne Edwards, attorney for the owners of Hempstead Tire said that he was disappointed about the decision. "We are currently drawing up papers to appeal the decisions with the Supreme Court," said Edwards.
President of the Cathedral Gardens Civic Association in West Hempstead, Scott Jablow, is pleased with the board's decision. "The owner of the business has been given multiple chances to comply with the community, but it is clear that he does not want to work with us," he said, adding, "We are pleased with the denial. The location has been an eyesore for years.
Also announced on Jan. 8 was the decision to grant Safeguard Acquisitions Fund, LLC a variance to build a storage facility between Hempstead Turnpike and Hempstead Avenue in West Hemsptead. The new facility will be less than two miles away from the largest storage facility on Long Island, which was built on Woodfield Road last year.
Rosalie Norton, the Vice President of the West Hempstead Civic Association and WH resident is pleased with the decision regarding Hempstead Tire, but the organization is not happy with the board's narrow 3-2 decision to allow a second storage facility to be built in the town. "This will be a terrible blow to the community, and I believe that as residents learn more about it, they will be opposed to it." Norton explained that in the weeks leading to the December hearing regarding the facility, the Civic Association tried to inform the public of the situation via e-mail, but as a result of technical difficulties, were not able to reach a significant number of people.
Referring to the revised plans that the Board asked Safeguard to submit after a March 2002 hearing, Norton said, "there are some people in the community who are happy with the promise of additional lighting, more simulated windows on the building and more landscaping, but the Civic Association has a better vision for West Hempstead.
She went on to explain that Safeguard has said that they are want to be an active part of the community, and they intend to give back to West Hempstead. The Civic feels that a second storage facility is not a positive decision for the town, regardless of the owners' intentions. "Unicorporated areas such as West Hempstead are becoming dumping grounds for the ideas that are rejected by incorporated villages," said Norton.
Jablow and the members of the Cathedral Gardens Civic are more comfortable with the decision on the storage facility. "We feel that the storage facility is not the ideal use of the space, but the Town had no legal grounds to deny the permit." Jablow appreciates Safeguard's efforts to work with the community, "the Chamber requested certain things be added to the plan to beautify the space, and they happily complied. As long as they do everything that they promised, we will support the business." He went on to say that the Cathedral Gardens Civic is better off fighting a business such as Hempstead Tire, which they feel is more of a problem for the community.
Jablow also pointed out that the Board is aware of the reasons to reject the plan. In the Notice of Decision, the members state, "the Board is cognizant of the reasons suggested to reject the applications, to wit: it is no the highest and best use, that another storage facility was not needed...the depositor would leave and would not patronize or help the existing businesses there flourish. Unfortunately for those in opposition, the law simply does not allow a Board of Appeals to formulate a denial for such reasons."
According to Bill Bonesso, the attorney for Safeguard, the building will go up in accordance with a revised plan that was submitted to the Board at a Dec. 2002 hearing, and the next step is to have the site plan approved by the Building Department. "If we are able to pull all the necessary permits by the end of the summer, construction could begin as early as the fall."
Norton is hoping there is still a way to stop the process. "A pen and a voice are mighty weapons, and we are hoping that residents use them."
