Dear Neighbors and Greater Manhasset Community:
Please know that in November 2019 Kimco took a section of the east side of taxpayer- owned Brinkerhoff Lane right of way and converted for its own use an illegally installed curb cut and driveway apron — directly across the street from the St. Mary’s Elementary School and Church entrance on the west side of Brinkerhoff Lane.
Town Supervisor Judi Bosworth emailed in response: “Thank you for your email letting me know your continued frustration with the situation on Brinkerhoff Lane. Please know that the town’s Building Department has assured me that this project is on the path to compliance. While I understand that things may not be moving as quickly as you would like, the town is adhering to the process that is outlined by the law. We will continue to ask Kimco to rectify this situation as quickly as they can, and we also encourage residents to do the same.“
She asked residents to email email@example.com, copying the Greater Council of Manhasset Civic Association at firstname.lastname@example.org, as well as email@example.com to voice my demand that:
(i) Brinkerhoff Lane be restored to its original full height curb-line state (driveway apron removed);
(ii) Kimco close off all access to its commercial property from Brinkerhoff Lane by installing a solid iron fence attached to the south side of the garage façade and that it run contiguously to the southern end of its property line where it abuts Green Tree/Whitney Estate to comply with its (Kimco’s) promises and agreements made to the town to induce the town to permit the building of the King Kullen Supermarket some 14 or so years ago;
(III) The town issue a cease and desist Order to Kimco and Manhasset Center precluding either, without regard to ownership, from any further violation of town codes and laws with specific reference to Brinkerhoff Lane and Terrace Manor; and
(iv) That the property, currently known as Manhasset Center, be denied, in perpetuity, without regard to ownership, any and all ingress/egress to this commercial property from Brinkerhoff Lane and Terrace Manor, thereby shutting down any future contemplation of access.
You can also call the Town’s 311 System, as well – please make sure the 311 representative gives you a call-in reference number, which you can then provide to the Greater Council or Terrace Manor Civic Association.
Ms. Bosworth’s carefully worded response is disconcerting in that (i) she refers to the matter as “this project” -– taking and converting taxpayer-owned land by Kimco is not a “project” – it was a maneuver by Kimco that the town should have made immediate restoration to and billed Kimco for reimbursement; and (ii) her closing of “We will continue to ask Kimco to rectify this situation as quickly as they can, and we also encourage residents to do the same” is indicative that Kimco is about to or has already filed for permit/variance to use Brinkerhoff Lane right of way for ingress/egress to its commercial property from a residential neighborhood. The town wants to hear from the community at large as to how they feel about Kimco requesting use of Brinkerhoff Lane right of way for its commercial purposes, including that Terrace Manor will ultimately become Kimco’s commercial overflow parking lot.
Brinkerhoff Lane is a taxpayer-owned street — the town is supposed to hold, manage and protect taxpayer-owned property, which includes taxpayer-owned roadways.
In November 2018, Kimco took Brinkerhoff Lane right of way and converted it for its own use by clear cutting two to three cherry blossom trees, installing a curb cut and driveway apron.
Because the Kimco illegal curb cut and driveway apron line up perfectly with Kimco’s now double-wide cement pads on their own property at their parking garage south facade, thereby creating a driveway effect, one can only presume that Kimco did so for purposes of using them together as a means of ingress/egress to/from their commercial property by way of Terrace Manor/Brinkerhoff Lane.
All Kimco needs to do at this juncture is remove the stairs on the southeast side of the parking garage and install a driveway ramp in the westbound direction to connect the garage and the parking lot to the double-wide cement pads they installed as well as the illegal curb cut and driveway apron on Brinkerhoff Lane right of way.
Contrary to Kimco’s professions to the contrary, Kimco’s converting for its own use the curb line into a driveway apron can only be construed as being by design, not accident. deliberate and meant to be permanent, not “temporary.”
As I expressed to our new councilwoman, Veronica Lurvey, no one spends thousands of dollars to make temporary anything – on land they don’t even own – and then pays another thousands of dollars to demolish and restore. It just doesn’t happen that way.d.
This will turn Terrace Manor’s streets into Kimco’s overflow commercial parking lot, increase traffic, make our neighborhood and streets unsafe, and potentially cause an uptick in crime in our community.
Terrace Manor responded to the Greater Manhasset Community’s call for support against recreational marijuana – Terrace Manor now needs the Greater Manhasset Community to come to its aid against Kimco, and demand the town cause the full restoration of Brinkerhoff Lane Right of Way to its original contiguous full height curb line and force Kimco to honor its previous agreements with the town and reinstall the closed and secured iron fence that closed off all access to the commercial property from Brinkerhoff Lane and Terrace Manor.
Manhasset, New York