Churrasqueira Bairrada, the popular restaurant that specializes in barbecue chicken, had its special permit reinstated by the Mineola Village Board of Trustees last Wednesday evening after a hearing packed with supporters found that the restaurant officially resolved its previous problem of smoke and odor.

Manuel Carvalho owns and operates the restaurant located on the north side of Jericho Turnpike between Willis Avenue and Mineola Boulevard.

The restaurant first ran into trouble when neighboring residents, particularly residents of Banbury Road, which is situated immediately behind Jericho Turnpike, complained of smoke and odor emanating from the restaurant.

After a public hearing held on Nov. 20, 1996 the Board of Trustees for the Village of Mineola gave the restaurant 60 days to install an air filtering system that would effectively eliminate all smoke exhaust from the restaurant.

On January 21, 1997 the board found that the problem was not remedied and the special permit that had been granted the restaurant for operation at its present location was revoked. On Jan. 23 the restaurant commenced a lawsuit against the village charging that there was no substantial evidence present for the village to revoke the permit.

After what Village Attorney John Spellman described as "vigorous" legal actions on both sides, a Supreme Court Judge ruled in favor of the village, upholding their ruling, and denying the petition for the temporary restraining order against the village.

Since that time, according to Spellman, both the restaurant and the Village have been working together on a solution which culminated in the hearing held last Wednesday.

Representing the Carvalho family was attorney Harvey Weinberg who argued with the help of expert testimony, that the new Trion filtration system that the restaurant now has, effectively removed the offending odor and smoke through a four phase process.

Robert D. Burns of Dvirka and Bartilucci Consulting Engineers, whose services were acquired by the village to study the situation, said that the unit was capable of doing that for which it was purchased, and that the smoke emissions from the restaurant now met or exceeded requirements.

Though the experts had solid arguments based on facts, more compelling were the voices of the audience who packed the village hall.

Robert Seawaldt of neighboring Robert's clothing store said, "I smell no smoke. Manny keeps a very clean establishment. It is an honor to be a neighbor of Manny's."

"In the beginning there were problems with odor and smoke," said resident John Macedo, "Since the new system, I have seen an almost total elimination of the smoke that we used to see there."

Cecilia Bastos stated that the village had sent a message with its original decision, a message that they will not tolerate inconveniences to the residents. She continued that they have another chance to send a message to the business community by supporting this restaurant and reinstating their permit.

Though the majority of those in the packed village hall spoke on behalf of the restaurant a few did speak against.

Banbury resident John Snyder agreed that the odor has improved greatly, but said there was still work that needed to be done and Banbury resident John Carroll said that his home still has problems with the odor and questioned the safety of the use of a system new to Long Island.

The board unanimously ruled to approve the reinstatement of the special use permit on a motion made by Trustee Warren Brinker and seconded by Trustee Lou Santosus, but the reinstatement comes with stipulations.

The restaurant must have its exhaust and filtration system in operation at all times and it must be maintained on a continual basis. There must be filter bag replacements, carbon plates and 1000 gallons of detergent (all used in the cleaning process) on the premises at all times.

The restaurant must remain open for the village board and all fire officials such as the Mineola Fire Department and the Nassau County Fire Commissioner.

After the decision was read moments after the close of the hearing, the room erupted in applause.

"I wish the restaurant and all the surrounding area the best in the future," said Carroll after the decision.

A jubilant Carvalho celebrated with the many supporters in the audience and went about shaking hands and giving hugs before heading back to his officially Village approved restaurant.