Businesses Oppose Rezoning 41 Acres in Port North

By Alice M. Peckelis

A contingent of business interests have made it clear that they are opposed to an application pending before the Village of Port Washington North's Board of Trustees to rezone the 40.9 acre Dallas Realty parcel from Economic Development A to Senior Residential Planned Unit Development. Several of those interests appeared before the Board at their October 2nd meeting where they were considering the Final Written Scope for the Draft Environmental Impact Statement (DEIS), a prerequisite to complying with the requirements of the State Environmental Quality Review Act (SEQRA).

Attorney Anthony Guardino of the law firm of Farrell, Fritz et al, representing Thomson Industries, noted that he had submitted a Protest Petition back in 1998 indicating Thomson's opposition to the rezoning application by Sandy Hollow Associates, the contract vendee of Dallas Realty, and that if need be he would resubmit that petition to conform to the amended site plan pending before the Board.

Guardino advised that "no consideration has been given to the impact on the surrounding businesses." He pointed out that "Thomson Industries is a 24-hour operation," with a helicopter taking off and landing which would (if the application is approved) "put it in the center of a zone" of a large residential development.

Guardino also said that the availability of water to service the site is another factor to consider. He said the Port Washington Water District is already pumping over the cap imposed by the Department of Environmental Conservation.

Mayor Thomas Pellegrino countered that the site was already surrounded on three sides by residential development. Stretch Ryder, an employee of Thomson Industries, disputed that statement, stating that the Dallas Realty site is "surrounded by 75% businesses." He also made note of the fact that their site is improved with a Federal heliport landing pad which has two approved routes. The route used depends on wind conditions for the day which may interfere with the quiet enjoyment of residents of a senior housing project.

Joseph Heaney of the consulting firm of Walden Associates, representing Franklin Stainless, another business that would be impacted by the rezoning, said that the site plan does not give "a lot of consideration to open space." He said planning boards typically require 15% dedicated parkland on projects of a certain acreage and that storm water retention basins do not count toward open space. Heaney also said the steep slopes surrounding the property need to be addressed and that a substantial buffer needs to be included in the plan.

Heaney also took issue with the scant ecological assessment of the property which he said was limited only to migratory birds. He noted that SEQRA requires that a "hard look" must be taken.

Dr. George Williams said the wildlife population on the property must be considered. "It is filled with animals ... I just wonder where they're all going to go? They're going to be killed tomorrow."

Village Attorney Stephen Limmer explained that what was before the Board this evening was the adoption of the Final Scope. He said it is an outline of what has to be done in terms of the Environmental Impact Statement. Limmer said what they were looking at now was what additional information should be requested in the scope.

Steve Kaplan, a resident, requested that the Board put off the adoption of the Final Scope for another 30 days. He said he had been given the wrong document when he came to the Village Hail and therefore, had been reviewing the wrong document. The Board agreed to extend the time for final written comments until October 24th at 3:00 p. in. It is expected that the Final Scope will be adopted at the next Board meeting in November or a special meeting.

Hank Ratner urged the Board to impose a moratorium on building in the Village. "if the Board had vision, impose a moratorium. We could be very bold," he said. "What would be so terrible to put a moratorium? You guys could be heroes instead of hack politicians."

One former resident of the Village spoke in favor of the development. Marty Caporoso, who formerly lived on Valley Road, said garbage has been dumped on the site for years and that a senior housing project would be a good use of the property. "We're all gonna get old," he said. "I'd love to live in one of those places. "I'm all in favor of it."

Prohibition Against Fast Food Restaurants Tabled

The Board voted to table a resolution to prohibit fast food restaurants in the Business District after a public hearing. Limmer said the ordinance would amend the zoning code to prohibit restaurants serving ready to consume food and beverages with the exception of delicatessens.

Mayor Pellegrino said the point of the ordinance was to limit the amount of garbage in the Village. He said this type of establishment which utilizes paper cups, plates and plastic forks and knives generates a lot of garbage compared to sit-down type establishments. "it would cut down on the trash," he said, adding that "Baxter Estates passed a similar ordinance."

Trustee Ross Altman disagreed with the ordinance. "I'm not sure what we're trying to accomplish ... I'm not sure what the commotion is about fast food restaurants.

Trustee Bert Goodstadt also had reservations. He felt that in the event an existing fast food restaurant should leave, such as Burger King already in the Delco Shopping Center, that type of business "should be allowed to continue" at that location."

Village Building Inspector Matthew Korn said in other municipalities, fast food restaurants are issued conditional use permits rather than prohibiting them altogether.

Trustee Gary Levi said the amended ordinance needed to be thought out. "Go back to the drawing board."

Waterfront District Adopted

The Board also approved creating a waterfront district after a public hearing on property in the Village that abuts Manhasset Bay.

Trustee Altman said that the Board is adopting the new zoning district with the idea of making changes in the future. "We intend to make some restrictions," he said.

Planning Board Chairman Thomas Imperatore urged the Board to table its adoption until the Planning Board completes a report on the waterfront it is undertaking. "See what comes out of it."

However, Mayor Pellegrino felt it would be better to adopt it now. "I feel we should adopt now. We'll just amend the ordinance." He said he was aware of the bay walk being planned along the shoreline which is included in the Planning Board report.

As a result of the creation of the Waterfront District, the temporary moratorium against construction in this area is now terminated.

The Board also approved, subject to a permissive referendum, a resolution to issue up to $540,000 to purchase the former Fearon Marine building from the Belanich's which is located on Manhasset Bay across from Diwan Restaurant which is not part of the new Waterfront District.

Kaplan felt the resolution was premature. "We're talking about a serious amount of money. I disagree ... Nobody knows anything about this."

Marvin Siegel agreed. "You're putting the cart before the horse ... Why go to the added expense?"

Limmer said that without a bonding resolution in place the Village can't recoup any of the money through grants.

Pellegrino responded that it will become part of the overall master plan.

Siegel counting that "the property is only valuable to us if the Lewis Oil deal goes through (Lewis Oil will turn over its waterfront property to the Village if it gets approval to merge its property with the Delco Shopping Center to create a greatly enlarged shopping center).

No one is running to buy this property." Pellegrino said that "if the property is bought by a third party it would have an adverse affect on the bay walk."

Trustee Levi concluded, "We have a unique opportunity to recapture the waterfront. If we let this opportunity go, we're derelict in our duty."

Kaplan criticized the fact that there is no overall plan. "What's the plan? We don't know the rest of the story."

Building Permit Fees Increased

The Board also approved after a public hearing a resolution to increase the fees to get a building permit. Building Inspector Korn said that the Village's fees are not commensurate with most of Long Island. He recommended a restructuring that brings it up to the fees charged in other Villages.

Stop Sign On Fisherman Drive

The Board also approved after a public hearing an ordinance to establish a stop sign at the intersection of Fisherman Drive and Waterview Lane. Mayor Pellegrino said there has been a rapid turnover of homes on Fisherman Drive to families with young children and that there is increased traffic on the road when local businesses let out for the day.