The Daily News’ Aug. 18 editorial (“Time to end ‘town-serving’ business rule”) mischaracterizes and misinterprets the policy and its rules as “a relic, and an unnecessary one at that.”
On the contrary, the concept, implemented in 1980 as a way to preserve our town’s character, has been challenged and upheld twice in court. The zoning provision is a critical planning tool that has enabled us to maintain our community’s quality of life. It encourages and protects the existing mom-and-pop businesses within our commercial zoning districts that cater primarily to the needs of town persons. The policy does this by limiting the ability of larger, region-serving businesses to draw patronage/ traffic onto the Island.
Space limits have been modified since 1980 but one of the basic, reasonable criteria applied to the use requirements has remained the same: Businesses occupying less than 3,000 square feet of gross leasable area (GLA) are considered “town-serving,” exempt from providing documented proof regarding their clientele. They are not burdened with reporting requirements or any associated cost. Only those larger than 3,000 square feet (4,000 square feet on Worth Avenue) have been required to obtain a special exception and comply with the regulation for evidence of meeting the requirement that at least 50% of an establishment is patronized by “townspeople.”