Now that Waldbaum's has been closed for two months, many residents of Manhasset are finding their grocery shopping inconvenient. Certainly there are alternatives, but most people would like to see a full-service supermarket in town. One Munsey Park resident says that she finds she has to make long-range plans to get her shopping done. "I have to try to figure out if I have some reason to be in Port Washington so I can shop there," she says. A North Strathmore woman told the Manhasset Press that she has to plan to spend at least two extra hours a week doing her shopping. A Flower Hill mother of four says she goes to Trunz for her groceries, Whole Foods for her produce and organic juices and milk, the delicatessen for cold cuts and a butcher for meat.

The community had known for several years that Americana Manhasset did not plan to renew Waldbaum's lease when it expired in February 2002. Four years ago King Kullen came before the North Hempstead Town Board with its plans to build a supermarket in the Manhasset Center (better known as the Filene's Center). In order to build the market the way the company's owners thought best, they sought a change of zone from the town board. The change requested was to reverse the current configuration of the center, moving the parking to the Northern Boulevard side of the center and the commercial zone, where the market would be placed, to the rear of the center. The application was opposed by the Terrace Manor Civic Association and residents of adjacent homes. Despite the opposition, the change of zone was granted on April 18, 2000.

Terrace Manor then brought an Article 78 proceeding and a declaratory action before Judge Bernard F. McCaffrey in the Supreme Court, Nassau County, seeking to challenge the decision. In the Article 78 proceeding, Terrace Manor sought a judgment reversing and annulling the town's resolutions granting the change of zone. In the declaratory judgment action, Terrace Manor sought a judgment declaring the town's resolutions granting the change of zone to be illegal. Judge McCaffrey dismissed both actions on summary judgment. Terrace Manor has appealed the dismissal in the Article 78 proceeding and its representatives have indicated that they intend to do the same in the declaratory judgment action.

After the dismissal of the Article 78 proceeding, the Town of North Hempstead held a hearing on King Kullen's proposed site plan. The site plan was approved by the town following a hearing on Dec. 11, 2001. At that hearing, King Kullen's attorney, Bruce Migatz, argued that the supermarket company had already made significant changes to its proposal in response to the public's concerns. He cited its change of hours from 7 a.m. to midnight, rather that the 24-hour-a-day they had originally requested and said that the market had relocated its plan for the store in order to widen the distance from residential property. Attorney Joseph Vogel, representing Terrace Manor, said that the evening's hearing was premature, due to the pending litigation. At that time construction was expected to begin in the spring.

Although King Kullen legally could begin construction, it would face the possibility of having to dismantle whatever had been built if an injunction were to be granted to its opponents. The King Kullen representatives clearly believe they have responded to the community and are anxious to begin their building. However, the Terrace Manor representatives disagree. Karen Blaney Holm, president of the Terrace Manor Civic Association, says that nothing has changed. "We have the same concerns we have always had, concerns about the environment, traffic, the placement of the store and the fact that it would destroy the buffer to Northern Boulevard." She believes that a judge other than Judge McCaffrey may see things differently. Phyllis Clark, former president of the Terrace Manor Civic Association, reiterated her position that her group is not opposed to a supermarket in Manhasset Center, just to this particular plan. King Kullen says it's time Terrace Manor allowed The Manhasset Center to realize its potential.