Oyster Bay residents continued their 6-year battle on Sept. 7 as they attended a public hearing on the proposed fashion center, or up-scale mall, on the 39-acre site formerly owned by the Cerro Wire and Cable Company in Syosset.

The hearing, which began at noon on Thursday in Oyster Bay Town Hall and ended early Friday morning in Syosset high school's auditorium, brought the Oyster Bay Town Board one step closer to finally making a decision on whether this controversial mall should be built by the Michigan-based Taubman Company.

The evening session of this controversial debate brought dozens of Nassau County Police Officers as emotions were expected to run high over this controversial issue.

The Mall at Oyster Bay, considered "up-scale" because of the stores it would be bringing in, such as Neiman Marcus and other high-end stores, would encompass a total of 860,000 square feet including one other anchor store to be named within the next two weeks. There would be approximately 135 other stores located on two floors between Neiman Marcus and the other anchor.

The afternoon hearing started with a presentation made by Keith H. Archer, an attorney representing the Taubman Company. He called the site as it stands now, "an unproductive and abandoned eye-sore" as slides of the 39-acre site flashed before the board and community members in attendance at town hall.

The hi-tech, computer simulated presentation made by Taubman's entourage touched on ten major issues.

The first issue discussed was the "economically sound", according to Archer, redevelopment of the site. Approximately $4 million would go directly to the Syosset Central School District if this mall were to be built. "When we come into a community, we like to get involved," said Harry Murphy of the Taubman Company. "We are more than just a shopping center."

Despite all of the benefits mentioned for the Syosset School District, the school is opposed to this mall. "The Syosset Board of Education strongly objects to any building on this site that would pose any danger to our children," said Janet Cox, president of the Syosset School Board. "This mall would do just that."

Cox explained that this proposed mall is too close to South Grove and South Woods Elementary Schools. There are 800 students transported to school daily and this project would cause too much traffic, according to Cox. "Too many students live nearby and/or walk by on their way to school," said Cox.

Hank Grishman, Superintendent of the Jericho Schools, which is in close proximity to the 39-acre site, testified at the hearing representing the five members of the school board accompanying him and the entire Jericho School District in strong opposition of the proposed mall. Grishman explained that this proposed mall puts the health, safety and well being of his students at risk. The main concern of Grishman was the nearby George A. Jackson Elementary School in the Jericho District.

He explained that school hours are not seven until three at Jericho but 24-hours a day, seven days a week. "There are always students coming and going at all times for extracurricular activities," he said.

"The kids are the most important priority and most important natural resource that we have and this mall increases the risk to them," said Grishman. His comments brought a standing ovation from the many concerned parents in the audience.

The second topic discussed was the area itself and the reasons why the Taubman Company believes that the land in question is a uniquely suitable location. "There is a void on Long Island for an upscale mall," said Wayne Hussey, senior Vice President of Store Development for the Taubman Company. "Cerro Wire is the best location, geographically."

Those in opposition to the mall argued this point later in the evening. The many dangers and harmful effects that this proposed mall brings were brought out and greatly supported by members of the community.

Councilman Joseph Muscarella's two main concerns were Internet shopping and the close proximity to Suffolk County. People are buying more and more items off the Internet, according to Muscarella, and he feels that the Internet might be a major competitor of the Mall at Oyster Bay. Also, nearby Suffolk County does not charge sales tax and many Nassau County shoppers cross the county border to do their shopping tax-free. His comments came in response to Taubman's statements that this property was in a prime location.

The third portion of Archer's presentation dealt with the roadway conditions. Their are said to be many changes to local roadways, such as extending Robbins Lane and adjusting the exit ramps of both the Long Island Expressway and Northern State Parkway, if this mall is built. According to Taubman's traffic experts, over $5 million would be spent to improve the roadways and would all be funded by Taubman.

The next topic discussed was how these new road roadways would actually enhance the current traffic conditions, thus not creating a dangerous situation, as most residents have expressed. John D. Cameron, founder of Cameron Engineering and Associates, explained for the Taubman Company, that a vast majority of the traffic approaching from the south and the Long Island Expressway and Northern State Parkway are both designed to accommodate the amount of traffic that is expected to be using those roads.

It was stated, in a report presented by Fred Gorove, a traffic expert who has been studying the traffic conditions for Taubman on the nearby roadways for six years, that only seven percent of the traffic entering and exiting the mall would be using Robbins Lane. This caused a great uproar by the crowd in attendance in the school auditorium.

Councilman Leonard B. Symons raised concerns regarding the stereotypes of shoppers that would frequent this "up-scale" fashion center. Symons pointed out to Gorove during his presentation that most of the higher income families, the "affluent" people, quoting Taubman's press releases, that are being targeted by Taubman and his experts, live north of the Cerro Wire property. Taubman's experts characterized this area as the "Gold Coast" of Long Island. These patrons, who are traveling from the north shore, would, according to Symons, be more likely to travel south on Robbins Lane to access the mall than travel further south and use the major highways and then head north again to get to the mall.

"It would seem to me that Robbins Lane should anticipate trouble," said Symons over the cheers and applause of the crowd. "The cut through roads have the most effect on the quality of life for the community."

The overall chant from the crowd was "You don't live here" to Taubman's experts, mostly all of whom where visiting here from out-of-state.

The response from Gorove was that there were plans to widen Robbins Lane, and the road would then be able to hold the amount of traffic that would be using the road, the seven percent increase according to Taubman's findings. "There will be 27,000 cars added daily to the roads with this project, but not any one point in the day," explained Gorove, which did not appease the crowd.

"My kids are playing out there," a concerned parent yelled at Gorove.

"The first problem is the fact that the on-grade railroad crossing at Robbins Lane creates an extremely dangerous situation," said Presiding Officer Judy Jacobs in a statement. "Currently, this section of Robbins Lane is fairly free of driveways and intersections, thereby allowing cars the necessary stacking space as they wait for a train to pass, rather than literally blocking traffic in. It is totally unacceptable to allow a large mall, which will attract children and pedestrians on foot and bicycles, to be built so close to active on-grade railroad tracks, where trains have been clocked at over 70 miles per hour."

The fifth section of the presentation focused on the up-scale nature of the mall. Neiman Marcus has made a written agreement with Taubman to occupy one of the two anchor stores, with a three-story store. A representative for Neiman Marcus was present at the afternoon hearing to state, to the board, Neiman Marcus's enthusiasm and commitment to being a part of the Mall at Oyster Bay.

There would be no food court at this mall, but only fine dining restaurants including an outside dining area. It is proposed to have a lush lobby area with couches and a living room setting. "We want to create a customer friendly environment and amenities," said Ron Loch, an architecture expert for the Taubman Company.

The sixth topic showed the "aesthetically pleasing" side of the mall. There would be noise walls and no one will be able to see the mall from their home due to new landscaping, according to Taubman's findings. "This project will visually enhance the visual character of the property," said Debra Allee, who concentrated her presentation on the Environmental Impact Statement findings and land use studies. "Cerro Wire is a large, unproductive part of town."

The seventh section attempted to show how the mall was a compatible use for the said area. According to studies done by Taubman's experts, there is no direct access to nearby neighborhoods. "This is an excellent location for productive use on a site that needs it," said Allee.

Dr. Lee Koppelman, an expert witness called by Howard Avrutine, the attorney representing the Birchwood Civic Association and those opposed to the mall, explained why there is a vested interest in building on Long Island.

"Nassau and Suffolk County appear to be prime shopping locations," explained Koppelman. "That is what attracts out-of-state builders." According to Koppelman, there has been so much overbuilding on Long Island over the past decade, and the population has remained somewhat stable for years. "People aren't buying more," he said. "No additional malls are justified in Nassau County."

The eighth segment attempted to show how the mall was environmentally sound and touched on many aspects of pollution. "Soil conditions will have no impact on air quality or the groundwater," said Nicholas A. Andrianas, Taubman's expert on the soil and groundwater conditions. This has been greatly disputed by those opposed to the mall and the experts representing them.

A major concern of Symons was the increased number of diesel trucks and the air and noise pollution that they bring. Also, the increased number of cars, not only gravely endangers the environment, but also the students at the nearby schools.

The ninth division of the presentation attempted to show the economic benefits of the mall. The construction phase would create over 2,200 jobs directly and over 2,240 indirect jobs, relating to nearby restaurants, delis etc. The operation phase of the project would provide over 1,900 jobs directly and over 760 jobs indirectly, relating to gas stations and other spin off activity. Also, over $6.4 million would be paid to Nassau County in two years. All of these projects were according to a study generated by Dennis Mincieli, and expert witness in economic and financial analysis and vice president of Allee King Rosen and Fleming Inc.

The construction phase is expected to last approximately two years.

Most of those in attendance, at both the morning and evening sessions, who are in favor of the mall, are union members and laborers who are looking for work. A majority of them do not live in the Town of Oyster Bay and realize the great number of job opportunities that this mall will bring.

"I fully appreciate and am definitely aware and sensitive to the fact that numerous jobs in the construction field as well as employees in the mall would be created by this proposal," said Judy Jacobs. "However, there is a logical use for this property one which would also create construction jobs and employee positions as well. I have suggested since the original discussion of this proposal began, that the site be used for office use. This provides many benefits. First of all, it is a use with controllable traffic flow. I speak from experience since I live between two office parks in Woodbury. There is traffic in the early morning and in the late afternoon, with little on nights and weekends. Office use also brings people into the area to support our local stores and restaurants adding to the economy of the area and not detracting from it."

Many organizations opposed to this mall have suggested building office buildings on this site.

The final stage of the presentation attempted to show how this mall would not impact local retailers. According to a study by Jack Gould, a retail market analyst, this proposed mall would not compete with the Broadway mall or local mom and pop shops, as the mall will be selling upper end merchandise.

Senator Carl L. Marcellino (R - Syosset) spoke to the board regarding the proposal and its effect on small businesses. "I wish I could take off my Senator's hat for a minute and speak to you as a resident of Syosset," said Marcellino, who lives only a half mile from the site. "I have seen the [Cerro Wire] tower and I wish that thing would go away. Something will be built there and my concern is for the traffic." He explained to the board about his daily travels and all of the traffic that he already experiences on the major highways without the proposed mall being in place.

Marcellino did some research of his own finding 20 strip malls on Jericho Turnpike between Robbins Lane and The Nassau/Suffolk border. His study found that there were many vacant stores in the downtown Hicksville and Syosset area, "I don't know if small businesses in Syosset could survive mall competition," said Marcellino. "This project is like stuffing five pounds of potatoes into a two pound bag. I urge you to consider that something should be built there, but it cannot be the size of what we've been presented with," Marcellino said to the board. "I live there and drive the streets and need to think of my neighbors and friends who will be impacted in a negative way."

Nassau County Legislator Brian Muellers, a representative of the 18th Legislative District, covering part of Syosset, expressed his concerns to the board, again, pertaining to the downtown area. "The introduction of a mega-mall is the surest way to ruin a downtown of a community," he said. "The money created downtown, stays downtown and does not go to someone half a continent away."

There is a popular phrase, if you build it, they will come. "If you build this mall, I for one will not come," concluded Muellers.

Jacobs also expressed concern for the local merchants. "There is nothing more depressing to the land values of an area than empty stores and decaying shopping areas," she said. "This must be a major consideration at all times. This mega-mall use woefully fails the test of disciplined progress."

According to a statement made in the Syosset Chamber of Commerce's most recent Newsletter, the Chamber is against this mall. The statement reads: "As has been the case elsewhere, the mall will be a detriment to our local business and the revitalization of our downtown area. Wherever a mall crops up, long time businesses that have stood as pillars of the community are disseminated, ruining the "Main Street" and quaint village feel that the Syosset Chamber promotes. It has more to do with just dollars and cents: like the Chamber of Commerce itself, this is a quality of life issue."

A security concern was raised regarding this proposed mall. There would be an increase in fire and police officers. Taubman would supply security officers at no expense to tax payers, but those security officers would not be legally able to make an arrest and would need the assistance of local police officers.

The Syosset Fire Department would service the Mall at Oyster Bay. According to statistics within the Hicksville Fire Department, which serves the Broadway Mall, there are $200,000 additional costs to their fire department yearly.

Most agree that something needs to be done to this 39-acre site, the disagreement is what.

The board has an abundance of information to sort through and does not want to make a hasty decision. According to Supervisor John Venditto, they are expecting a lawsuit and an appeal regardless of their decision. The record is still open for public comment and the board is expected to render a final decision within 45 to 60 days.