Alternative medicine for ZBA

Posted
      The village board enacted legislation on Nov. 27 that allows Mayor Murray to appoint substitute members "in a number sufficient to meet the needs of the Village," changing the previous law that limited the number of alternates to two. The trustees then unanimously approved all six of Mayor Murray's selections to fill the positions.
      Bob Pagnotta, Mel Friedman, Phil Guier, Kevin McDonough, Mary Beth Kearn and Kevin Akner were appointed as alternates and will serve on a rotating basis. They will join current stand-ins Fred Levine and Maureen Gibbons to form an eight-member team of alternates.
      The amendment was made, in part, to address what would have been a cumbersome situation for the zoning board when it hears the latest appeal by resident Jose Rodriguez, whose application to renovate his two-story home was granted in October 1999 after a series of denials and appeals. However, the decision stated that the work had to be completed within one year, and the project had yet to get off the ground when the window of opportunity shut in October this year. Mr. Rodriguez will go before the board to seek a nine-month extension, because the project was delayed due to financial considerations and the contractor's schedule, according to Mr. McDonough, who in addition to being a new board alternate is Mr. Rodriguez's lawyer.
      But because regular board members Raymond Ventura, Ron Burke, Josie Howard and Kevin Ryan will not participate in the yet-unscheduled hearing because each is a defendant in a discrimination suit filed by Mr. Rodriguez as a result of the board's previous denials, the case would have been heard by a three-member board consisting of chairman Jeff Greenfield, Mr. Levine and Ms. Gibbons.
      Village attorney Martha Krisel said that a 2-1 decision would not represent a majority vote of Rockville Centre's usual five-member board and would be considered a "non-action."
      Such a 2-1 vote is what prompted Mr. Rodriguez to take legal action, after the board wound up taking a "non-action" on an application he made in October 1998, because Ms. Howard and Mr. Ryan abstained from casting votes.
      Of the newly appointed alternates, Mr. Greenfield said, "This is a good pool of civic-minded individuals, some of whom are former members of the board, and all of whom are dedicated to maintaining the quality of life in Rockville Centre."
      Mr. Pagnotta, currently chairman of the local housing authority, and Mr. Guier are former board regulars. Mr. Akner is president of the RVC Chamber of Commerce.
      Mr. McDonough, because he is Mr. Rodriguez's counsel, and Ms. Kearns, because she is a member of a local civic association, are not eligible to sit in on the Rodriguez hearing.