Owners of Bolla Market at 449 Jericho Tpke. in Mineola filed a complaint with the state Supreme Court to overturn the Mineola Village Board’s December 2013 decision that prohibited a proposed gas station/convenience store from operating for 24 hours. The board at the time approved Bolla’s plan, but with a 5 a.m. to 11 p.m. daily slate, making it the only Bolla location of the 75-store chain with an 18 hour schedule.
“We’re exploring our legal rights and wanted to see if we can have a chance to compete with stores in the area that are open 24 hours,” Bolla Market CEO Harry Singh said in a phone interview. “We’re trying to obtain information through the legal system to see if that would be overturned because we had no choice but to agree with [the village board] because they were not approving the project [if it were 24 hours].”
Bolla’s legal counsel rep David Altman of Melville-based Brown and Altman LLP. is seeking an injunction that would stop Mineola from revoking the gas station’s permit if it transitions to 24 hours and requests a reversal of the two-year-old agreement, according to the complaint obtained by the Mineola American. He also argues that repeated attempts for a hearing to discuss operating hours were to no avail, an April 2 letter to then-Village Attorney John Spellman, said.
Altman did not return calls for comment.
“When Mineola drafted a decision, they included [Bolla’s] offer of the restriction of hours among other conditions,” Village Attorney John Gibbons said. “The law says once the decision is entered, applicants have 30 days to challenge it in court. Bolla didn’t do that.”
Bolla argues in the complaint that Mineola coerced into to capitulating its around the clock plan, that “the village board issues [the approval] of the authority granted to it to issue special permits under the village code and New York State Village Law,” and the restricted hours constitutes an “impermissible attempt to regulate the details of Bolla’s business.”
“We’ve given [the village] every opportunity to entertain a hearing, a conversation, meeting…to explore the possibility of the change without going through the legal system,” Singh said. “They have basically denied any relaxation in those restrictions they put on our operation.”
Bolla’s approval was vehemently opposed in October and November 2013 hearings by White and Latham Road residents that abut the property. More than 90 and 50 residents attended both meetings, respectively.
“We gave them exactly what they asked for,” Gibbons said of the agreement. “You get everyone in a room, you make compromises. Everyone does. They agreed to the terms and two years later when the public is not there anymore, they want to change the deal. That’s not right.”
The gas station erected a six-foot masonry wall from White Road east to Latham Road, complete with shrubbery and plantings to minimize noise pollution two years ago. Bolla also constructed a six-foot, white PVC fence on the south side of the municipal parking lot behind the building, which is not on the station property, near residential homes.
“We have exhausted all of our diplomatic approaches that we could have made,” Singh said. “We have made the best efforts to resolve this matter within [Bolla] and the village and it was to no avail.”
Bolla’s outreach before its approval was thorough, holding informal meetings with village residents to discuss the $250,000 plan. They had appeared before the village’s board of zoning appeals twice in 2012 and 2013.
Mineola plans to abide by its agreement approved in 2013.
“The village is committed to defending the decision as written and has no intention of changing the [ruling] that was made after a public hearing with full input of the public with the concessions made willingly by [Bolla],” Gibbons said.
Bolla reps have stated they acted in good faith, even in the face of a recent misprinted flier suggesting it operates 24 hours per day that circulated Mineola, causing confusion among nearby residents.
“They offered restricted hours,” Mineola Mayor Scott Strauss said. “We accepted it.”
For Singh, he strongly argues the only non-24 hour location of Bolla’s 75-store chain in Mineola is losing business, with four nearby village gas stations operating all and night. However, only two of those gas stations sport a convenience store, like Bolla. In the court complaint, Bolla argues the hours of operations the village board approved “subjects Bolla to a restriction…that is not imposed on other similarly situated business in the village.”
“[The court] is the only option we have left to go in and seek a justice to allow the business to not suffer so we can compete and stay in Mineola,” Singh said.
