Legal Win For Hardware Store Owners Eyeing North Fork Site

MATTITUCK, NY — A judge recently ruled in favor of business owners hoping to open a hardware store in Mattituck who believe they have seen their efforts thwarted by a moratorium imposed by Southold Town.

Southold Town recently noticed a hearing for the extension of the moratorium in question for the third time.

The proposal for a hardware store put forth by the Brinkmann family has sparked a sea of heated debate on the North Fork, with many residents crying out that the location, on Main Road and New Suffolk Avenue in Mattituck, is the wrong place for the business; the street is already burdened with traffic and safety concerns, many have said.

Litigation was commenced by Brinkmann Hardware Corp., which filed an Article 78 against Southold Town over a moratorium enacted in February, 2019; the suit maintains 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.

Southold Town Supervisor Scott Russell said he could not comment on pending litigation and Southold Town Attorney Bill Duffy did not return a request for comment.

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 said, would stop 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.

In addition, the moratorium was initially enacted to last six months but can be expanded, and allows for exemptions based on hardship, the legislation states.

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

Last year, Mattituck-Laurel Civic Association President Charles Gueli 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, he said.

With traffic a complex issue, Gueli said: "I believe a correct solution will not be a quick one." He added that the MLCA applauded and supported the moratorium.

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."

Past studies have identified a walkable hamlet and green spaces as strengths, Smith said, as well as a strong hamlet center. Weaknesses, identified as far back as 2005, included "hodgepodge" commercial development and "heavy, fast moving traffic." What's critical, Smith said, is a vision for the corridor. Infrastructure and land use must be examined with expert and local input, Smith said.

"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.

Robert Harper of Mattituck said he and his wife have lived in the area for 30 years. He referred to a comment he said Councilman Bob Ghosio had made at a past meeting that he believes resonated: "People come here because we have what they don't have."

Russell said he believed the converse was also true. "They come here because we don't have what they have."

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.

At the time the moratorium was enacted, Duffy said the Brinkmann family has submitted an application. "This would freeze that application," he 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.

The issue of a traffic light came up. Brinkman said if a traffic study indicated that a traffic light and righthand turning lane was necessary, the family would pay the cost. The audience, however, denounced a traffic light idea.

Denise Geis asked if the family would consider a smaller, more appropriate size for the parcel.

"The reason the store is proposed at the size it is, is we feel we need to be competitive going into the future," Brinkmann said. "Big box stores have grown larger and with that growth and online retail competition we need to have a sizable shop with options."

Mattituck Chamber of Commerce's David Perrin asked about projected revenue and what kind of numbers were being discussed.

The Brinkmanns said the store is planned to be "roughly twice the size of Orlowski Hardware," with twice the traffic.

A steady stream of residents stood to cry out about traffic at a site that is already treacherous.

"What's going to be done to keep it from being even more dangerous?" one woman asked.

The Brinkmanns said their goal is convenience, with all parking on-site. Residents countered that shoppers would invariably walk across Main Road from Love Lane at an intersection that's already seen deadly accidents.

Others asked about the propane tank; the Brinkmanns said it's 1,000 gallons and sits off to the side and front of the parcel, not near an apartment currently next door.

Many other residents asked why the Brinkmanns didn't consider one of the empty buildings that exist in Mattituck, such as the Capital One building in Mattituck, or a site on Route 48.

The Brinkmanns said the Main Road location was preferable for visibility. True Value, they explained, does not get involved with site selection.

Doris McGreevy asked about new jobs. The Brinkmanns said in addition to the two employees who'd come from the Jamesport store, there would be 25 new team members hired.

Many asked why the area needed a new hardware store with shops already located in Mattituck, Jamesport, Southold, Greenport and Riverhead.

The Brinkmanns said their new business model is to consolidate and add hardware to paint stores.

"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.

Others questioned why a 20,000 square foot retail space — the first in Southold Town — was necessary, with the square footage of both buildings larger than the CVS in Mattituck, they said.
"Why do you need this on Main Road?" they asked.

"Main Road exposure is better for us. You don't want this on a side street," Brinkmann said.

Others asked about the frequency and timing of delivery trucks, and whether those trucks could navigate the turn off Main Road and into the parking lot.

When asked about what they'd be bringing to the community, the Brinkmanns said in addition to new jobs and eliminating the need to drive to Riverhead, the business would increase the tax base and bring $40,000 to the Mattituck-Cutchogue school district.

"That's not enough," one man 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."