Hempstead Zoning Board Hears Case for Proposed Arby's

Attorneys for an Arby's franchise owner finally made their case before the Hempstead Town Zoning Board Wednesday afternoon after three adjournments.

The adjournments were requested so that franchisee Thomas Clarke and his team could meet with members of the Bellmore Preservation Group and other nearby residents.

"The applicant has made a lot of accommodations," attorney William F. Bonesso, Esq. said to the board in regard to the proposed fast food restaurant at the old Speedy's Muffler location.

The latest site plan submitted by Clarke's team includes several building plan revisions:

• moving the menu board
• a change in the dumpster location
• elimination of an outdoor dining area
• an 8' fence on the south side of the property
• a low planting on the easterly portion of the property

Bonesso also had to request a variance for less parking spaces than required by code. His argument was that the board should look at the drive-thru on the property and that there is only seating for 66 people in the restaurant.

"Because of the drive-thru, I think 19 or 20 spaces would be more than adequate," Wayne Muller, vice president of RMS Engineering added.

There was a discrepancy between asking the board for 19 or 20 spaces because Arlene Leeds of Abco Art, which would be the easterly neighbor of Arby's, asked for parking space #19 to be eliminated. Her concern was that if a large SUV were to park there, it would visually block her store.

Muller also spoke about a traffic study, in which he concluded "there would be no significant impact to the intersection" at Bellmore Avenue and Sunrise Highway.

Joseph DiIorio, whose home shares a property line with the proposed Arby's, mentioned that a traffic study had not been done to find out the impact the proposed fast food restaurant would have on cut through side streets south of Sunrise Highway.

DiIorio also asked for earlier operation hours for the drive-thru. As submitted in their application, the Arby's restaurant portion would operate seven days a week from 6 a.m. to 10 p.m. From Sunday through Wednesday, the drive-thru would operate from 6 a.m. to 11 p.m. and from Thursday to Saturday, it would operate from 6 a.m. to midnight. DiIorio asked for an 11 p.m. closing time for the drive-thru seven days a week.

Leeds requested a 10 p.m. closing time for all portions of the proposed Arby's.

Bonesso's client also agreed to file a declaration of covenants and restrictions, meaning all future property owners would be bound by the restrictions that run with the land.

Bonesso thanked Legislator Dave Denenberg and the Bellmore Preservation Group for coming together in what "resulted in, what I believe to be a compromise that serves the community and my client's needs."

A decision will be rendered by the board in the near future.