Court Order In Controversial Hardware Store 'A Blow': Attorney

MATTITUCK, NY — Hardware store owners hoping to open a business on a controversial Mattituck parcel could be facing a new roadblock: A judge recently rendered a court order stating that a motion for preliminary injunction made by the Brinkmann family in a federal lawsuit against Southold Town had been denied.

In addition, the judge stated, the Brinkmanns "have waived their right to challenge" Southold Town's public use determination.

The battle has been raging for years regarding the future of a 1.75 acre property located at 12500 Main Road in Mattituck, near the intersection of Main Road and New Suffolk Avenue. The Brinkmann family hopes to build a hardware store on the property but the community has come together at public hearings to oppose the plans, citing safety and quality of life concerns.

Southold Town and Suffolk County officials have expressed interest in developing the land as a park.

The court will hold a telephone conference on the case on Wednesday morning.

Speaking on the decision, Southold Town Attorney Bill Duffy said: "While we are of course pleased that the court denied the preliminary injunction application, we feel that the finding that they have waived their right to challenge the town’s public use determination is a significant blow to their case."

"The outcome was expected," Southold Town Supervisor Scott Russell said. "We are glad that such distractions are out of the way so we can move forward with the creation of a park in the village center of Mattituck, a park that the community will benefit from and enjoy well into the future."

The Brinkmann family, who filed the federal lawsuit against the town in May, did not immediately return requests for comment this week.

The ongoing battle has spanned years: In August, 2020, a virtual hearing was held to discuss the possibility of the town acquiring the parcel through eminent domain.

At that hearing, Hank Brinkmann, a partial owner of the property said: "I am vehemently opposed to the town's taking of my family's property."

He said if the true motive was a public park, the town would buy the parcel directly adjacent to his, which is currently for sale.

Brinkmann said defending the moratorium was costing taxpayer hundreds of thousands of dollars and a new suit to fight eminent domain proceedings "will cost them much more. . taking my family's property will cost the taxpayers of Southold Town millions."

Ben Brinkmann agreed: "We are only asking to exercise our property rights."

In July, 2020, Brinkmann Hardware Corp. filed an Article 78 against Southold Town over a moratorium enacted in February, 2019 — that moratorium has been renewed a number of times — the suit maintained that while the town said the moratorium was enacted to temporarily put the brakes on the issuance of approvals and permits on Main Rd. in Mattituck while an expanded corridor study, weighing traffic impacts and other concerns, was underway — "the true purpose" of the moratorium "was to prevent them from building their hardware store."

The suit asked the court to declare the moratorium, a local law, "unconstitutional, null and void."

The Brinkmann family, the suit stated, filed an application for a building permit with the town on January 20, 2018, but it was disapproved in March because site plan approval was needed by the planning board; after filing for site plan approval, the Brinkmanns said they were told a special exception was needed. While the application was pending, the moratorium was enacted in February, 2019.

The Brinkmanns filed a petition — and the town filed a motion to dismiss based on the grounds that the petitioners had "failed to exhaust their administrative remedies and have failed to state a claim," the decision stated.

Supreme Court Justice Hon. William Ford denied Southold Town's request for dismissal on June 22.

The moratorium encompasses Rt. 25 in Mattituck from Bay Ave. to Pike St. The intent of the moratorium is to allow for the expansion and completion of an ongoing transportation study and the town's comprehensive plan and to give the town board the opportunity to implement changes proposed in those studies, including improvements to infrastructure, the legislation enacting the measure states.

The moratorium, Russell has said, stops the review of all pending applications including building permits, ZBA review and site plans. The moratorium "freezes" any pending applications that haven't received approval and halts the review any of the pending applications that have not received site plan approval, the supervisor said.

The moratorium does not apply to residences, municipal corporations such the fire district, other districts, and libraries, according to the legislation.

Southold Town and Suffolk County had previously discussed a possible plan to purchase the parcel to preserve the site as parkland in 2018.

In 2019, Mattituck-Laurel Civic Association members at a hearing on the issue pointed to studies that have been done in past years, all of which identify traffic as a major problem and safety concern in the area — traffic also has a negative impact on quality of life, they said.

Anne Smith, former Mattituck-Cutchogue School District superintendent, said she represented a working group of the MLCA dedicated to finding solutions. She also applauded the board for its efforts to enact a moratorium. "We must be stewards of the land and waterways," she said, adding that the group welcomed the pause, which would allow for the exploration of grant opportunities, and to "achieve a vision."

"A moratorium won't stop everything forever but at least it gives the time to consider all the alternatives and choose the right way to go," Cutchogue resident Benja Schwartz said.

At the hearing, a resident mentioned the plan for a hardware store on Main Rd. and New Suffolk Ave. that has sparked opposition from the community; the parcel where the project would be sited falls within the boundaries of the proposed moratorium.

"I don't want to address specific properties," Russell said.

The town previously imposed a 30-month long moratorium on residential subdivisions only in 2002 under former Town Supervisor Josh Horton to curb development the board feared would forever alter the rural character of Southold. Commercial properties were unaffected.

After Russell took office, the town board called for the moratorium on new applications for retail stores, which resulted in box store legislation.

A crowd of irate residents packed the Mattituck Presbyterian Church in 2017, waiting their turn to speak out for two hours against the proposal for the new hardware store that they said could cause major traffic concerns — and prove deadly for pedestrians.

The meeting, hosted by the Mattituck-Laurel Civic Association, focused on a plan by the family-owned Brinkmann Hardware, which has locations in Sayville, Blue Point, Holbrook and Miller Place, as well as a paint store in Jamesport.

Three representatives of the Brinkmann family asked the MLCA if they could come to discuss the proposal. Siblings Mary Neimeth and Hank and Ben Brinkmann, as well as architect Ray Nemschick, were onhand for a presentation and question and answer session..

Pat and Tony Brinkmann, who "started with nothing," opened in 1976, in a 1,200 foot store in the Carvel shopping center in Sayville, relocating in 1982, and later purchasing a building a 3,000 square foot building in Sayville, Brinkmann said.

Brinkmann said the hamlet business zoned parcel, 1.775 acres, would feature two buildings that total 20,000 square feet, 80 parking spots, meet greenspace and Suffolk Health County requirements, and is sited to maximize solar gain. The building on the left is planned as a 12,000 square foot hardware store, with the 8,000 square foot building on the right including 3,000 square feet in the front for paint and 5,000 square feet in the rear for storage.

Egress, Brinkmann said, will be on New Suffolk Avenue, a pronouncement that sparked contention in the large crowds.

"A nightmare!" one woman exclaimed.

A special exception is needed to build the 12,000 square foot building instead of a 6,000 square foot structure as of right, Brinkmann said.

Those in attendance spoke passionately against the location for two hours.

"That corner is already a nightmare for people coming in and out and to have an entrance on New Suffolk, with traffic backing up. . .there are no words to describe how bad it will be," resident Linda Gallo said.

"It's clear we're not happy about your large store coming into our small community," Elise Martini said. "Do you really care? Will that change your mind? Does this change anything about the way you feel?"

"We wouldn't be here if we didn't care," Brinkmann said, adding they requested the meeting by choice, to speak to the community.

And, he added, while, "This room is filled with concerns, our project has been very well-received throughout Mattituck." He said he had no doubt the store would do well, and said the larger store would mean residents wouldn't have to make the trip to Riverhead in high-traffic summer months.

Others said people come to Mattituck to escape the "hubbub" of other areas; now, traffic concerns are mounting, and some said they'd been in accidents at the proposed location.

Donielle Cardinale noted that residents "didn't seem overly keen" on the plan and asked why the Brinkmanns didn't consider another location, perhaps in Jamesport.

Brinkmann said they looked for more than a year for the spot. "We didn't just land on that corner. We had to find a site that met all the requirements. We've done extensive work," he said.
Others said the addition would mean traffic backed up for miles, especially during pumpkin season when traffic is already an issue.

"Do any of you live out here?" Angela McKenna asked.

The Brinkmanns said they are all from the Bayport and Sayville areas.

"The traffic out here is horrendous. You couldn't have picked a worse place to try and put something like this. This is not the right place," she said.

"I'm sorry you have to face this hostility," one woman said. "We're not against Brinkmann Hardware, it's the location. You have to understand our anger is larger than you and you are kicking a hornet's nest that is already in this community. It's the location you have chosen that's the problem."