Three years after it first proposed to build a supermarket in the center at the corner of Northern Boulevard and Shelter Rock Road, King Kullen's site plan for the location was approved unanimously by the North Hempstead Town Board on Dec. 11. It has been a rocky road for the developers of the property, Manhasset Ventures, a subsidiary of Kimco Realty Corp. of New Hyde Park. The company first asked North Hempstead for variances to build the store at the southern end of the property, an area that was then zoned for parking. They were informed that what they needed was a change of zone, rather than variances, and then appealed to the town for that change. The town granted that on April 18, 2000. The vote at the time was 3 - 2, with Supervisor May Newburger and the two Republican councilmen, Angelo Ferrara and Jim O'Connor voted in favor of the change of zone and the town Democrats, Doreen Banks and Tony D'Urso voting against it. On Dec. 11, 2001, the vote was unanimous. Councilwoman Banks was absent but Supervisor Newburger and Councilmen D'Urso, Ferrara and O'Connor voting in favor. The vote came after a three-hour hearing in which attorney Bruce Migatz carried the ball for King Kullen and attorney Joseph Vogel represented those opposed to the change, chiefly residents of Terrace Manor. Those residents still have an outstanding lawsuit against King Kullen and Kimco but the New York State Supreme Court has rejected requests for further environmental study of the area. This decision will be appealed.

At the Dec. 11 meeting, Supervisor Newburger opened the hearing by announcing the ground rules. Each side would have 20 to 25 minutes to state its case and each of 32 people present who signed cards indicating a wish to speak would have two minutes.

Opening his presentation, Mr. Migatz called the board's attention to changes that the King Kullen team had made to the project since it was first proposed. Among other things, Mr. Migatz said that King Kullen had agreed to store hours of 7 a.m. to midnight, rather that the 24-hour-a-day opening that they had originally requested. They also agreed to eliminate a pharmacy, dry cleaner and shoe repair shop in order not to hurt local businesses. He called upon Robert Roth, the site engineer, who described the way the ground would be repaved, reconstructed and landscaped. He said that King Kullen would add .43 acre of landscaping with evergreens, in-ground sprinklers, irrigators and modern lighting. Architect Larry Rosenbloom presented an architect's rendering of the project and traffic engineer Robert Eschbacker described the way entrances and exits had been reconfigured. Mr. Eschbacher said that the New York State Department of Transportation and Manhasset-Lakeville Fire District have approved the present plan. Mr. Migatz concluded his presentation by presenting a letter of water and sewer availability.

Mr. Vogel, representing Terrace Manor, said that the evening's hearing was "premature," citing the pending lawsuit and pending appeal. Mr. Vogel called on David Everett, Land Use and Environmental Counsel for Terrace Manor. Mr. Everett, whose firm specializes in SEQRA legislation (State Environmental Quality Review Act) said that North Hempstead must comply with SEQRA because it is next to a public park (the VFW Memorial on the corner of Shelter Rock and Northern Boulevard). He said that the building would have "potentially significant environmental impact."

Mr. Vogel again said, "there is no need to rush." Traffic is a serious issue, he said, as is the question of drinking water. "This is adjacent to the Whitney property which is a groundwater protection area. Mr. Migatz replied that he has been King Kullen's attorney since 1998 and has been at every civics meeting on the subject. "The only lawsuit is that of Terrace Manor," he said. "This has not been rushed through. We have met with the civic, listened to them and made changes in location, size and hours. They have reduced the size to 37,700 square feet. They have reduced the hours. They have increased the buffer zone to the houses from 15 feet to 35 to 40 feet. They have moved the loading zone and enclosed the garbage compactor. They have modified the Shelter Rock Road ingress at the request of the Nassau Planning Commission."

When the time came to vote, each of the councilmen made statements explaining his vote. Mr. D'Urso said that it was a very difficult vote to cast. "Manhasset needs a supermarket," he said. Waldbaum's will be moving out. I voted against the zoning change but the market will be built. The developer has shown a cooperative spirit and made lots of improvements. I vote aye."

Councilman Ferrara said that he had originally voted against the project. "I found that most people in Manhasset want a supermarket. King Kullen has made a number of compromises. I vote aye."

Councilman O'Connor said that he had discussed many of the changes with the developer. "I believe that Manhasset deserves better than what's there now," he said. "King Kullen is a respected company. I vote aye."

Supervisor Newburger, stung by some of the comments, said: "We have not been moved in any way by the needs of the developer. They have listened to the concerns of the community. If this center is developed it will be the biggest improvement in Manhasset in 15 years. I vote aye."

Construction of th e King Kullen supermarket is expected to start in the spring.