Give It Back - Business Owner MJ Kim Wants Hess To Adhere To Covenants

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“What sets America apart from the rest of the world is not voting or democracy, it is America’s support and commitment to the fundamental law of property rights” - MJ Kim owner of State Farm Insurance business located at 2102 Jericho Tpke., Commack.

MJ Kim - Outside his office Jericho Tpke. CommackMr. Kim has operated at the same location on Jericho Tpke. for twenty-two years. During those twenty-two years Mr. Kim shared a driveway  (curb cut allowing access) on state road 25 with the gas station on the corner of Harned and 25.  According to Mr. Kim the curb cut was similar to other curb cuts on the road with the first thirteen feet of property belonging to NYS.  

The filling station went out of business, the property fell into disrepair and was a boarded up vacant blighted site for many years.  A proposal was made to demolish the old filling station and to build a Hess gas station with a retail operation. Variances were required for the retail operation. Public hearings were held and the public showed up in large numbers with a majority opposing the granting of variances which would allow for the retail operation. The Board of Zoning Appeals (BZA) approved the variances. The Town Board was divided with Councilman McCarthy, Creighton and Malloy supporting the proposal and Supervisor Vecchio and Councilman Wehrheim in opposition.   Between the time Councilman Malloy lost his election and before the the new board was sworn in, the board moved to approve the Hess proposal which included the variances.  

New Hess station corner of Harned and Jericho Tpke. CommackMr. Kim spoke quietly at the public hearings, not in opposition to the proposed Hess Station, but he spoke in detail about his business, his roots in the community and his business needs. (Mr. Kim was born in South Korea and moved to the U.S. at the age of five. Kim lived in Setauket attended Ward Melville HS and attended church in Commack. He has a bachelor’s degree from Stony Brook University and a masters from Adelphi University.) Not surprisingly access was his concern. His remarks revolved around ensuring that his business would be able to survive and thrive as it had for twenty-two years.  According to Mr. Kim, he has spoken with representatives at the Planning Department, NYS Department Of Transportation and the owners of the property, Lenny and Mike Icovino, who in a letter to Mr. Kim proposed the purchase of Mr.Kim’s property.   All offered assurances that Mr. Kim’s concerns would be addressed.

Mr. Kim, in an interview in his office Monday, July 28th, expressed his frustration with the Town, the DOT and with his future neighbor. Earlier this month, after receiving permits from NYS DOT, thirteen feet of Mr. Kim’s curb cut was removed narrowing access to his property without his consent.  To add insult ot injury, construction vehicles parked on the street in front of his property obstructed visibility and access. Mr. Kim pointed out that he located on Jericho paying a premium for his property because of its visibility and accessibility.

Mr. Kim has documents showing covenants on the property which allow him access and parking in the back of the property which have been eliminated by the ongoing construction. A second covenant, according to Mr. Kim, is the prohibition of a restaurant facility to be built on the site, which he argues is exactly what Hess is doing by serving food and beverages.

According to Mr. Kim the town is denying any responsibility for covenants suggesting it is a civil matter. 

What does Mr. Kim want? He wants his curb cut returned to its former state, cross access and parking, and he wants to be allowed to operate the way he has for the past twenty-two years. How does this end? Mr Kim has secured legal counsel and is going to do whatever is necessary to have his property returned to its original state.  “I’m not stopping at the first round. This will continue until I get satisfaction and I am left alone.”