Numerous letters have been written to this paper by individuals opposed to the King Kullen/Kimco change of zone application for the Manhasset Center (Filene's Shopping Center). These letters allege that certain "misunderstanding" and "misinformation" exist as to the nature of this application. I agree. However, the misinformation resulting in this misunderstanding is being circulated by the authors of these letters. The time has come to set the record straight.

1. The opposition states that "no one is blocking a grocery store ," since King Kullen can build a store in front, in the existing structure, or they can build it somewhere else." As King Kullen has stated time and again, if it were feasible to build a supermarket in the existing vacant stores in the Manhasset Center or somewhere else, King Kullen would certainly do it. The facts that prevent the location of a supermarket in the existing stores in the Manhasset Center have been explained in detail at the prior public hearings by representatives of King Kullen, traffic and real estate experts.

2. The same people who say that King Kullen can and should build its supermarket in the existing vacant stores in the Manhasset Center claim excessive traffic will be generated if the proposed change of zone is granted to permit the construction of a new supermarket building. This position is inconsistent and erroneous. The supermarket will not generate any more or less traffic if it is built in the existing stores or in a new building. A detailed traffic report has been filed and discussed at prior public hearings, verifying that the proposed supermarket will generate less traffic than would be generated if the existing vacant stores were fully occupied by any of the numerous retail and office uses, other than a supermarket, permissible as of right.

3. There is no "Trojan Horse" (i.e. approve a supermarket and build a Home Depot or Price Club). Kimco and King Kullen want to build a supermarket for Manhasset residents. However, if the proposed change of zone application is denied, the existing vacant stores could be rented as of right to a Home Depot or Price Club.

4. The proposed rezoning is not an over intensification of land use. The proposed rezoning will, in fact, result in a decrease in development. The proposed supermarket is 14,420 square feet smaller than the vacant stores/offices being demolished. The off-street parking requirement for the existing shopping center is 831 spaces. The off-street parking requirement for the shopping center as proposed is 724 spaces, a reduction of 107 spaces. Under familiar zoning principles, a reduction in the required off-street parking spaces signifies a reduction in the intensification of use, since, under zoning principles, more off-street parking spaces are required for most intense uses.

5. Zoning must change with changing times and circumstances. Most recently, the town board of the Town of North Hempstead adopted zoning amendments to permit the construction of assisted living residences for senior citizens, a concept which did not exist when the town first adopted its zoning ordinances.

The term "spot zoning" is used by the courts to describe a zoning amendment that is invalid because it is not in accordance with a comprehensive or well-considered plan. An amendment that is an extension of a zoning district is in accordance with a comprehensive plan. Amendments to permit the construction of shopping centers have been upheld by the courts on the ground that they permit a use that is needed and which serves the comprehensive plan for community development.

The Manhasset Center is an existing shopping center serving the greater Manhasset community. It is 9.6 acres in size. With the exception of two lots (which will remain Residence C) fronting on Brinkerhoff Lane, the entire shopping center is commercially zoned, either Business A or Parking District. The proposed change of zone is in accordance with a comprehensive plan to serve the general welfare of the greater Manhasset community and is the antithesis of spot zoning.

6. The granting of a change of zone application for the Manhasset Center will not establish a "precedent" mandating the granting a change of zone application for Macy's, The Americana or any other shopping center. Decisions of courts and, in limited circumstances, decisions of boards of zoning appeals, have precedential value. However, a change of zone application is a legislative act, not a judicial or quasi-judicial act, and, as a matter of law, has no precedential value. Each and every change of zone application must be decided on its own merits. It has been explained in detail at the prior public hearings that the Manhasset Center is unique in its size, location and zoning which distinguishes it from The Americana, Macy's or other shopping centers in Manhasset.

One further comment is in order. Change of zone applications are not popularity contests to be decided by which side collects the greater number of petitions. King Kullen mailed a letter to Manhasset residents seeking support of its change of zone application for the purpose of establishing a need for a supermarket in Manhasset, which need and desire for has been overwhelmingly established. Whether or not the zoning of the Manhasset Center should be amended to permit the construction of this needed supermarket, is a decision to be made by the town board based upon facts and law. The town board's decision is not to be based upon the number of signatures, letters or phone calls received in response to misleading petitions stating "Help Plandome Road Survive," "Please Help Save Our Community" and "If We Don't Defeat the Rezoning, Every Parking Lot in Manhasset Could End Up With a Super Store."

As attorney for the applicant, I encourage all of the residents of Manhasset to attend the next change of zone public hearing. Please come with an open mind and listen to the true facts and law before voicing your opinion.

Bruce W. Migatz