(The following 'open letter' was sent to Supervisor Guardino and council members on March 7.)

Cover Letter to Town:

Enclosed please find a copy of our "open letter" which was sent to the printer for our Business Bulletin prior to the ZBA rendering a decision.

Notwithstanding our having prevailed with respect to the matter before the ZBA, we remain committed to our desire for a change in the Town zoning ordinance to eliminate the Special Exception loophole.

Open Letter to Town:

By this time you should have received a letter dated Feb. 3, 1999 from Mayor Frank Tauches of the Incorporated Village of Garden City requesting that your board take action relative to prohibiting further expansion of the industrial area to the east of our Village, which includes the Roosevelt Field Shopping Mall. As you are aware, the owners of the mall, Simon Properties, have an application before the Town Zoning Board of Appeals to expand the mall.

At issue is the expansion of the allowable building area by 87.5 percent over the permitted .4 Floor Area Ratio (FAR). (We note that the mall was allowed to expand to .69 FAR in 1995 bringing it to 72.5 percent higher than .4.) It is already the largest and densest (more building area on less square footage) shopping mall on Long Island.

Mayor Tauches requested that "the Town immediately impose a moratorium on the issuance of building permits in the subject districts for new construction that does not comply with existing floor area limitations until a comprehensive review" of these zoning districts can be conducted. The Garden City Chamber as well as the Nassau County Council of Chambers of Commerce (representing 5,500 businesses in 54 chambers) believes that no further growth in the area without review in light of the Hub Study and the Comprehensive Master Plan can be completed.

We recognize that growth and progress must occur. Further, we fully support what has come to be known as "Smart Growth" initiatives for sustainable economies. Unfortunately, the history of this area's commercial expansion has been haphazard with resulting degradation of quality of life for its neighbors. The economic impact on traditional downtowns has been enormous. Garden City, Westbury, East Meadow, Mineola, Hempstead and Carle Place suffer from the predatory leasing practices of the mall. Most leases proscribe a radius clause preventing additional outlets within at least a five (5) mile radius. The town should not be complicit in this practice.

Both the town and the county have been going to extraordinary lengths - financial and public relations - to promote the revitalization of downtown areas. Unless this means it's OK for downtowns to have 'mom and pop', but not ratable national retailers and office tenants, then approval of this application by the ZBA and failure to change the zoning ordinance by your board demonstrates that your kind of revitalization is 'form and no substance,' i.e. patronizing lip service.

Garden City has committed over $3 million to refurbish Franklin Avenue. We have attracted substantial investment into vacant properties interested in maintaining a mixed-use retail and office environment in harmony with our traditional downtown. But we need your help too. There is no magic bullet to downtown revitalization. However, we don't need any of our governments against us or working at cross-purposes. We should all be mindful that all the disposable dollars and tax dollars come from the same voters' pockets.

As we have been repeating to citizens, business and civic groups, we ask, when is too big, too big? Is it when all shopping other than small service retailers has left every downtown? Is it when we lose quality office tenants to more accessible areas, and the commercial tax base deteriorates? Is it when no one can conveniently travel into Garden City from the east or to East Meadow from the west? Or is it when - to traverse north or south - your first choice is to go west of Glen Cove Road to Roslyn Road?

After two days of hearings before the ZBA it is clear there has been a substantial and overwhelming outcry from a diverse citizenry against expansion. More clear, except for the paid "experts" presented by the applicant there was not one citizen who spoke in favor of a bigger mall.

We look forward to swift public consideration of the Village's request.

Bertram F. Donley

Executive Vice President

GC Chamber of Commerce