Rezoning of Lewis Oil "Fait Accomplis"

By Alice M. Peckelis
(appeared in the 12-1-00, Vol 10, No. 15 edition)

Although a vote was not taken, the tenor of the continuation of the public hearing held on November 13th by the Village of Port Washington North's Board of Trustees to rezone the Lewis Oil Company from light industrial to business seemed clear that once the loose ends are wrapped up the application will be approved despite objections from the local civic association which wanted a full environmental impact statement.

The Lewis Oil Company, which was bought out several years ago by Connecticut?based Champion Energy, has submitted an application to the Village to rezone its property on Shore Road, adjacent to the Delco Shopping Center, from Economic Development A to Business. If the application is approved, it will join forces with the shopping center under an operating agreement to vastly expand the center to include a 69,000 square foot free standing Grand Union Supermarket, expanded retail space and two restaurants with 540 parking spots. The property is currently improved with 15 oil storage tanks, accessory buildings and an office building. In exchange for approving the application, Lewis Oil will turn over its waterfront property to the Village.

But concerns over the impact such a large shopping center will have on the surrounding area led the Port Washington North Civic Association to solicit petitions from area residents to demand that a Full Environmental Impact Statement be required under the State's Environmental Quality Review Act.

However, Village Attorney Chris Prior advised that the Board at its own discretion had reviewed what he described as an "expanded" environmental process form and that as a result of this review the Board made a negative declaration that no further action was required.

Bob Zimmeran, representing Residents For A More Beautiful Port Washington, supported the request for a full environmental impact statement, even though it is prodding the Village to get control of its waterfront in order to construct a proposed shoreline trail that Residents would like to see link Hempstead Harbor with Manhasset Bay.

At the start of the hearing, adjourned from September, Mayor Thomas Pellegrino read a statement from Trustee Gary Levi, who was not present, expressing his strong support for the application, and that he would vote for it if he was present. Levi's statement, noting the access to be gained to the waterfront, described it as a "rare and generational opportunity"...to improve the quality of life.

Trustee Ross Altman agreed. He said having a state of the art supermarket was a better benefit to the Community than Lewis Oil's 15 oil tanks. "It will be a tremendous asset to the community that will outweigh the potential negatives."

Resident Marvin Siegel described Levi's statement as "ridiculous" inasmuch as he wasn't present and queried, 'Do we need a bigger supermarket? What happens to the other supermarkets?" He then accused tile Board of "taking a very hidden selfish interest" in this (application) whereupon Mayor Pellegrino angrily responded, "You're time is up!"

Resident Hank Ratner advised the Board, I think you need to revisit the full environmental impact statement," pointing out that one was required for the application on the 4.1 acre Dallas Realty property which through its contract vendee, Sandy Hollow Associates, is seeking a change of zone for senior housing. You're getting 800 feet of waterfront in exchange for a behemoth shopping center. What gives?" Ratner also asked, "flow can you rezone without a definite plan in place? What stores are going to be there?"

Pellegrino then advised him his time was up, whereupon Ratner retorted, "This is supposed to be an open government?" Later, at the end of the meeting Ratner chastised Pellegrino. He said having a time limit of 3 minutes was very unfair. He also said Pellegrino used poor judgment reading Trustee Levi's statement expressing his vote prior to the public hearing. "The decision is a foregone conclusion. This public hearing is a facade."

Long time resident Veronica Mazur wanted to know the tax implications, stating that her Village tax alone has increased from $111 to $566 since 1985. She also wanted to know what will happen if the project is financially unsuccessful. She said that the garden apartments i e. Wildwood Gardens and Soundview Gardens were built under the guise of senior housing (they are now rental apartments). "You're not telling the truth!"

Another resident, Jerry Rogovin, asked, "Do we need a super mega shopping center? .. We could lose value to our houses." He also took issue with the donation of the waterfront property which currently is used to deliver fuel which is piped to the tanks. "I don't think there's generosity there. It's a good business deal." He also wanted to know if there were any guarantees that will survive the closing, suggesting that there may be hidden soil contamination that may need to be cleaned up. "In five years it might be very costly."

Prior assured everyone that there will be an indemnity requirement. "They have to clean up. To the extent they're rezoned, they're liable; there's an indemnity to the Village for damages."

Resident Glen Apfelbaum said, "We're not stockholders; we're homeowners. Do we need any more 18-wheelers coming down Mill Pond Road? Have your wives said we need another supermarket?" As for getting waterfront property, Apfelbaum said, "We're never gonna be able to get to the waterfront. We can't get across Shore Road now!"

Ed Moskowitz, an attorney representing DiLeo's garden center, which leases space from Lewis Oil as does Fearon Marine on a month-to-month basis, asked, "What's going to happen. We don't want you to forget the little' guy.

Steve Kaplan asked what was going to become of the Shore Road restaurants if this comes to pass. He noted that one of them, Romantico's, uses access from George Street to get to a parking area. We don't need any more empty stores. You don't want fast food restaurants. What is the plan. Grand Union is horrible; it is dirty; it smells. You don't even know what the plan is ... I don't see how you're going to change the zone without knowing this."

Stan Ronell replied, "It is not our job to determine the businesses (that go into the shopping center). You can't restrict trade." He noted there are existing ordinances that restrict uses. "The tanks are unsightly. They're not what this town wants."

Stan Brotman also was in favor of the application. "You're so against progress," he said. "We're going to have a beautiful community. It will not come to pass (if the application is not approved)."

Eric Zausner asked what will happen if Lewis Oil goes bankrupt? Prior replied that has been considered and they are proposing a lien against the shopping center as part of the negotiations.

Bob Keane said, "You're rushing to a decision. It seems like a done deal." He also felt a full environmental impact statement was warranted. "There's no public comment."

The hearing was closed. Mayor Pellegrino advised that no vote would be taken until agreement was reached on covenants, codes, and restrictions to be placed on the property between the parties.

During the regular business part of the meeting, the Board resolved to hold a public hearing on December 11th on the proposed 2001 contract with the Port Washington Fire Department. The amount of the contract is $285,168 which is a 4% increase over the current year's contract.

The Board also set a date for a public hearing on December 5th to rezone the former Town of North Hempstead highway yard on Smull Place, which has been sold, to Residence C, an application which has the support of the surrounding residents.

The Board also entered into a municipal agreement with the Town of North Hempstead for the Village to maintain parts of Pulaski Place, Avenue B, and Orchard Street. The properties pay taxes to the Village but receive no benefits since the roadbeds lie in the Town of North Hempstead which has caused acrimony among the residents towards the Village.

During the public comment period Kaplan said the size and configuration of the parking space in the Soundview Marketplace needs to be revisited. He said he opposed the possibility of Pastabilities moving into the space vacated by Classy Coffee because of insufficient parking.

Mayor Pellegrino also advised that King Kullen wants to extend its existing building.

Sandra Samuels expressed concern over increased crime such as vandalism and robberies and wanted to know why this is occurring when three different police departments operate on the Port Washington peninsula i. e. Port Police, Sands Point Police and Nassau County Police. "It really troubles me."