The Town of Hempstead's Board of Zoning Appeals (BZA) has denied Carol DeSanto's application for a special exception permit to run a flea market at Belmont Racetrack. The board found that the area proposed for the open-air flea market was zoned residential "B" and that such a use is not permitted in such a zoning district. "The board finds insufficient proof was offered to merit approval for a 'use' variance as required..." the denial read.

DeSanto, general manager of Plain N' Fancy Shows, Inc., which has run a flea market at Aqueduct for the past 10 years, sought the permit in order to relocate to Belmont Racetrack come March. The idea, however, gravely concerned Floral Park village and school officials, who stated their vast opposition at a Nov. 29 BZA hearing. The permit granting lay exclusively within the Town of Hempstead's jurisdiction - not the Village of Floral Park.

Floral Park Mayor Phil Guarnieri, who spoke at the hearing, voiced residents' concerns regarding the safety and security of the elementary school children at Floral Park-Bellerose School. The elementary school's playing fields lie immediately adjacent to the proposed site for the flea market at Belmont.

He said Floral Park was particularly concerned about both the size and location of the applicant's plans. He further told BZA members that in terms of the "volume of people and merchants," the flea market would have resulted in an "over intensification" of the use of this portion of the Belmont property.

"There is simply no reason why this flea market has to be wedged into an area directly adjacent to the elementary school," he said. "Indeed, in the past, there was a flea market at Belmont Racetrack situated in the parking fields to the south of Hempstead Turnpike. There certainly exists other locations within Belmont Racetrack for this flea market, other locations which will afford a more adequate buffer between the flea market and the neighboring school and village residences."

Hempstead Town Supervisor Kate Murray and Councilman Ed Ambrosino sent a letter to residents following the board's decision. It read, in part: "Preserving the suburban character of America's largest township is one of our top priorities as your Town of Hempstead elected officials. What's more, we appreciate the many qualities that Elmont, Floral Park, South Floral Park, Bellerose and Bellerose Terrace have to offer...

"Dozens of neighbors attended the November 29 hearing and voiced opposition to the application, which would have allowed for up to 400 vendors at the Belmont site. Many of the concerns expressed related to the proximity of the proposed flea market to playing fields at the Floral Park-Bellerose School as well as other schools. We are pleased that the comments and concerns of neighbors were heard and acknowledged by the Board of Zoning Appeals..."

Although the BZA has denied this application, Plain N' Fancy Shows, Inc. does have the option to appeal the decision. The eight-acre area, known as the Green Parking Field at Belmont, would have accommodated 400 vendors selling anything from clothing to housewares. The flea market would have run three days a week - Tuesdays, Saturdays and Sundays - between the hours of 9 a.m. and 4 p.m. from March through December 2007. DeSanto said she was willing to make changes to put the school district's security concerns at ease. Her attorney added that in the past decade there have not been any security or safety issues at Aqueduct, which is located across the street from a grade school and down the block from a high school.