A Nassau County Supreme Court judge recently upheld the Town of Oyster Bay's decision to oppose the construction of a 7- Eleven convenience store on Sunrise Highway and Block Boulevard in the Crown Village section of Massapequa. The court's decision was in response to a lawsuit filed in May by the prospective 7-Eleven owner, who argued that the town did not have a good reason to deny his request to build the store on the location.

Despite the town's insistence that the proposed store would create a number of problems including traffic congestion, Charles Belanich filed the lawsuit on the grounds that the town's decision was "arbitrary, capricious and contrary to law."

In February 1997, Belanich made a proposal to demolish the vacant gas station repair shop currently standing on the corner of Block and Sunrise and build a 7-Eleven on the property which is owned by 450 Sunrise Highway LLC. He filed an application to be reviewed by the town's Planning Advisory Board, Environmental Quality Review Commission as well as the Nassau County Fire Marshall's Office and the New York State Department of Transportation.

Problems arose when Massapequa residents living in the vicinity of the site attended a public town planning advisory board meeting in Aug. 1997 to protest the proposal. Contending that the convenience store would cause traffic congestion and detract from the appearance of the community, residents urged the board to deny the application.

After reviewing the plans and listening to residents' complaints, the board rejected the proposal in April 1998. According to the town, the application was denied on the grounds that a 7-Eleven would cause a backlog of traffic to build up on the neighboring residential streets; there would not be enough room for delivery trucks to maneuver in the loading area; the parking area was insufficiently designed and landscaped; the garbage and recycling dumpsters would be located too close to residences; and that it would make the intersection unsafe for pedestrians.

The court upheld the board's decision saying that the board carefully considered the effect the convenience store would have on the intersection and neighboring streets and its conclusion was neither arbitrary nor capricious. The court said the board's decision was rational, supported by substantial evidence and was "based upon the facts adduced at the hearing."

Belanich's attorney declined to comment.

Oyster Bay Town Supervisor John Venditto said he found residents' concerns to be reasonable and understandable.

"No one really knows better as to what belongs on the streets of this town than the residents who live there and have to live with these various proposals," said Venditto.

Assemblyman Steven Labriola said he was pleased with the Supreme Court's decision. Last year, the assemblyman advised the planning board to consider the application under the condition that there be no access to the convenience store from Block Blvd., an idea rejected by the project's planning and architectural company at last year's meeting. Labriola reiterated the sentiment this week saying that he hopes that either the owners will find a more suitable tenant for the location or that the application be accepted without Block Blvd. access. Meanwhile, he added that the court's decision reaffirmed the residents' concerns.

"Decisions of local zoning is best left to the local elected officials, however, these decisions are sometimes overturned in Supreme Court," he said. "This is a good day for Crown Village and an even better day for our democratic system of government."

Marilyn Block, president of the Crown Village Civic Association, said residents were very pleased with the results of the lawsuit. Block, who argued before the board last year that the store would cause traffic problems for the area, said the town's decision to block construction of the 7-Eleven demonstrates its commitment to protect the quality of life for residents.

Block credited Venditto with being an effective advocate for Crown Village residents. "I truly believe he encouraged the Town of Oyster Bay attorneys office to represent our feelings," she said. "For that alone, we've been very fortunate. We had the right people, at the right time, for the right cause."

Venditto, Labriola and Block all said that the outcome is proof that local government and justice systems are working in favor of residents.

"It's refreshing to know that the system works," said Block.

Venditto said, "The next time matters like this arise in the community, I just encourage [residents] to work closely with elected officials, to be patient and follow the process; and they'll see that those matters will have a happy ending, too"