BZA OKs Dunkin' Donuts on Plandome Road

Reserves Decision on Americana Restaurant

By Eileen Brennan

The North Hempstead Board of Zoning Appeals (BZA) has given a conditional use permit to "Plandome Road Donuts" to permit the alteration of what was formerly Orlando's Italian Delicatessen to a Dunkin' Donuts store with 12 seats for customers to eat in the store.

The Council of Greater Manhasset Civic Associations (Greater Council) had expressed reservations about the proposal and the BZA attached a rider to its decision that should make it more palatable to Manhasset residents. The conditions imposed are as follow:

• Plandome Donuts must install a suitable refrigerated garbage locker within the building. There must be no outdoor storage of food garbage at any time. The company must arrange for indoor carry-out pickup of garbage with a licensed sanitation collector.

• The store's wall sign must be uniform with other tenants of the building. (These include Fleur de Lis and Distinctive Wallcoverings.)

• The restaurant must place a refuse receptacle near the front door and empty it during the day as needed.

• The occupancy is limited to one business tenant. (There had been rumors that a pizza parlor would co-occupy the premises.)

• Exterior doors must be of solid construction and equipped with self-closing hardware.

• Occupancy must be limited to a maximum installation of 12 seats.

• The landlord must permit the store's customers to park in its rear/reserved parking area on Saturdays from 10 a.m. to 6 p.m.

At its Dec. 10 meeting the Board of Zoning Appeals heard a request from Fifth Avenue of Long Island Realty Associates (The Americana at Manhasset) for a conditional use permit to permit the conversion of a retail store to a restaurant and for permission to install outdoor seating at that restaurant.

Americana's attorney Peter Mineo opened the case for his client by stating that since the departure of Swenson's in March, 1997, there has been only one restaurant in The Americana, Millie's Place. The center's owner would like to install a restaurant at its east end, in the former Bennetton store. The restaurant would have 126 seats, 98 indoors and 28 outdoors in appropriate weather. The restaurant would be given a three year lease with a possible one-year extension. Mr. Mineo said that the proposed restaurant would be an "upscale restaurant and an amenity for shoppers." He added that he had spoken with the Strathmore Village Civic Association which raised no objection.

The restaurant would be operated by Restaurant Associates which runs some of Manhattan's best restaurants, among them the restaurant at the Rockefeller Center ice skating rink which has outdoor dining in clement weather. James Finnerty of Restaurant Associates told the board that Mr. Frank Castagna, owner of The Americana, approached his company and asked if it would be interested in operating a restaurant there because it was "an amenity that the Center needs." It will be, Mr. Finnerty said, a "full-service restaurant with an Italian slant, serving pasta, salads, pizzas as well as grilled meat or fish dishes. There will be full waiter and waitress service both inside the restaurant and outside for the five months of the year that it would be available. Board member Paul Aloe asked why the restaurant wanted the outdoor seating and Mr. Finnerty replied that it makes financial sense to have the extra tables as well as that people like to dine outdoors in an attractive setting. BZA Chairman David Mammina, questioned Mr. Finnerty closely as to the appearance of the outdoor seating, the tableware and linens. His reason for the questions, he explained, was that he would not wish to see patrons of the restaurant walking away with paper napkins and plastic cups which could blow around the parking lot and create an unattractive nuisance. Mr. Finnerty assured him that such would not be the case.

Mr. Mineo told the board that the North Hempstead Building Department had disapproved the request for a restaurant at the site because it said that outdoor dining is prohibited in North Hempstead. "The building department is wrong," he said. "There is no explicit prohibition. At issue is the definition of 'restaurant' in the building code." According to Mr. Mineo, the "premises" of a property includes the land and all buildings and structures thereon. Therefore if a restaurant is permitted, dining on the property on which the restaurant is situated is also permitted. "Absent a specific prohibition, outdoor dining should be permitted," he said. Mr. Finnerty added that "outdoor dining is nothing new. Think of the Left Bank in Paris."

The board reserved decision but the line of their questioning appeared to favor the granting of the conditional use permit.