Mineola board delays vote on body shop

Richard Tedesco

The Mineola Village Board delayed decision on an application for a new auto body shop at 380 Sagamore Ave. last Wednesday night to review a 2006 village law that specifically prohibits a body shop at the location.

Louis Palumbo, owner of Gullwing Motors at 100 Windsor Ave., had asked the board to remove a restrictive covenant placed on the site six years ago after the prior owner sold the property. 

When Mineola Deputy Mayor Paul Pereira asked Palumbo why he bought the property knowing of the restriction, Palumbo said, “It’s an industrial zone. I thought there would be no problem in getting a variance.”

Attorney Marco Silva, representing Palumbo, said the restriction had its intended effect at the time but he doubted the board intended it as a long-term restriction.

“Every applicant should be able to avail himself of the approved use,” Silva said.

Palumbo had been leasing the property, but he said he now intends to use the site for specialized restoration work on antique and classic cars.

“We’re getting more restoration work. I want to separate the two [businesses] so we can move things along,” Palumbo said.

He said he planned to install a booth at 380 Sagamore Ave. to enable body painting as part of the restoration work.

The board imposed the restriction against permitting another body shop at 380 Sagamore Ave. after giving approval to its previous owner, John Alden, to move Barron Body Works to a larger building at nearby 381 Sagamore Ave. 

Attorney Harry Kutner, representing Alden, said his client had seen body painting at the 380 Sagamore Ave. location.

Kutner said the body painting was a violation of state environmental law. He said Palumbo had been cited by the village for a violation.

Kutner said he negotiated the restrictive covenant with deputy village attorney Benjamin Truncale in 2006 and said circumstances in the area were unchanged.

“He knew this particular use was inappropriate,” Kutner said of Palumbo. “[The board] wanted to limit the number of body shops in that area.”

Alden said he could have sold the property for more than the $600,000 he got from a furniture company that had since vacated the location if the building could have housed an auto body business.

“My problem is not with Mr. Palumbo to restrict his business. My problem is to me I have a loss,” Alden said.

Truncale said the restrictive covenant was passed as condition of approving Barron’s move to its present location.

Daniel Whalen, superintendent of the village Buildings Department, said his department was made aware of cars being stored in violation of the restriction and issued a notice of violation to Palumbo. Whalen said he didn’t see painting taking place on the site.

Mineola Mayor Scott Strauss asked Alden if he had evidence to support his claim that painting had been taking place. Alden said he didn’t have any proof.

Pereira took issue with Kutner’s contention that circumstances had not changed since 2006.

“There have been changes since 2006, namely that three members of the board were not sitting there,” Pereira said, adding that he hadn’t been in on the 2006 decision. 

“Future boards have rights to govern as they see fit,” he added.

Strauss supported Pereira, saying, “We can change this whenever we want.”

Sandra Correia, who resides on nearby Pennsylvania Avenue, said area residents are already concerned about noxious odors from the auto repair shops on Sagamore.

“We just want to make sure it’s properly operated. We do have issues with smells at the moment. We just want it to be safe. That’s our main concern,” she said.

Strauss suggested the board review the 2006 board decision before making a determination on Palumbo’s application and the board unanimously voted to do that.

In other action, the board approved the application of East Williston resident and U.S. Army veteran Michael Bonacuso and his business partner, Samantha Johnson to operate a new fitness center, Revolution Athletic Club, at 155 Jericho Turnpike.

Johnson, who said she is certified in cycling and weight training classes, said their intention was to offer classes in both fitness disciplines to a broad demographic.

“The beauty of our classes is that we’re open to people of all ages, ranging from teenagers to people in their 60s or 70s, people who are just starting out or triathletes that are training for races. We’re able to accommodate all levels of fitness backgrounds,” Johnson said.

In response to questions about parking for the location, Bonacuso said the hours of operation, 6 a.m. to 9 a.m. and 4 p.m. to 7 p.m. Monday through Friday and Saturday 8 a.m. to 11 a.m., would accommodate the 15 to 20 clients the business would have on site at any time.

“When most businesses are open, we will not be open,” he said. “So there shouldn’t be a problem with parking.”

The board conditionally approved the Fitness Revolution application, pending review of the owners’ site plan by the Nassau County Planning Commission.

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