By JOSEPH KELLARD
An adjournment was called in the midst of the hearing after zoning board members, representatives of Serota and their opposition took recesses to determine exactly what issue was before the board.
The New York State Department of Environmental Conservation approved Serota's proposal to build a recycling facility for construction and demolition materials at Brown Court on the property it once leased to Gator Recycling Corporation, a company that recycled the same materials but was closed in October 2003. Since the Valley Stream-based Serota Properties proposes a new facility for essentially the same use, the DEC approved the company¹s new site plans and determined that the proposed facility met the standard that materials recycled there would not be "noxious" or "offensive" to its neighbors.
Oceanside residents attending the hearing most from Oceanside Cove, a condominium complex on Daly Boulevard near the proposed site expected the hearing to center on this standard and believed they would be able to voice their concerns about potential noise and air pollution, increased truck traffic, hours of operation and other matters relating to the proposed facility. But William Cohn, attorney for Serota Properties, argued that his client needed to appear before the board only to obtain a variance to raise the roof of the existing building from 25 to 35 feet and to remove interior columns. Unlike Gator's facility, Serota Properties proposes a facility at which all dumping, recycling and loading of materials would be done indoors, and the DEC requires the height variance so that trucks have clearance when they tip up to dump their hauled materials.
Anthony Iovino, the attorney representing residents of Oceanside Cove, and zoning board members debated the expertise of waste management engineer Eugene Kempey, who was hired by Serota to testify at the hearing. When they questioned him on how the new facility would prevent prohibited hazardous materials from entering its site and how it would control airborne dust and odors, Cohn noted that this line of questioning was immaterial, since the DEC had ruled last October that Serota¹s use would not be noxious or offensive.
"Our view is this board doesn't have the power to supersede the DEC," Cohn said.
During a recess, Iovino told residents that the hearing had been adjourned to Feb. 8 at 3 p.m., and that until then the zoning board would look into whether it has jurisdiction over the DEC to hear the opposition¹s testimony regarding the proposed facility¹s use before the hearing reconvenes. Moreover, during the next month, Iovino explained, he might have to try to strike a compromise with Serota Properties.
"If we can come to an agreement with some reasonable restrictions on what [Serota Properties] is doing [at its proposed recycling facility], then that can be incorporated into the town's decision [and if it's part of the decision, then those provisions can be enforced through the town]," Iovino said.
In discussing the Serota case, Iovino referred to a case that went before the zoning board in 2004, when another company, Reico Properties, applied to build an enclosed recycling facility for construction and demolition debris on Hampton Road, near Daly and Lawson boulevards. The zoning board ruled against Reico's proposal, arguing that it would be noxious and offensive to neighbors. Reico, however, took its case to the state Supreme Court, where, based on this standard, it won approval to open its facility. When the town zoning board appealed the Supreme Court¹s decision, the appellate division affirmed that the town does not have the right to overrule the DEC. If the town zoning board finds it has jurisdiction in the Serota Properties case, then both sides would reconvene and pick up where the hearing left off.
"I argue that there is some legal room in the appellate division argument," Iovino continued. "I argue that [Serota Properties] can still use it as a recycling plant, but that they could put some reasonable restrictions."
Iovino told the residents that a compromise may not be possible, and that not every resident will agree with the compromises he may be willing to strike with Serota. "The DEC should come and see what they are approving," one resident said when Iovino took questions.
Most residents opposed to Serota¹s opening of a new facility argue that there is already a high concentration of such facilities in Oceanside¹s industrial zone, including Stony Creek Industries, Cousins Metal Industries, Fantozzi Brothers Construction and Liotta & Son, and appear concerned that Reico Properties may soon build and open its facility.
After opening in 1991, Gator leased its property on Brown Court from Serota, which evicted the recycling company in October 2003 because of non-payment of rent, according to co-owner Jeff Serota. During Gator¹s operations, the DEC fined the company for failure to remove materials from its facility on a regulated timely basis. "Gator had gone beyond it capacity," Serota claimed. "...We put Gator in violation. Gator was in violation of its lease because of that." As the landlord, Serota arranged for cleanup of the facility and paid fines Gator incurred up to $350,000, Serota said.
Comments about this story? JKellard@liherald.com or (516) 569-4000 ext. 287.
