By Chris Munzing
The neighbors filed an Article 78, which allows for a party to question a government body's decision. The neighbors had said that the development would have a negative environmental impact on the community, and that the ZBA's decision was arbitrary and capricious. It also alleged that the ZBA was denied access to a letter from City Council President James Hennessy, Vice President Tom Sofield, Councilwoman Mona Goodman and Nassau County Legislator Denise Ford urging the board to deny the developers' petition. Long Beach Deputy Corporation Counsel and Counsel to the Zoning Board Corey Klein said that the judge found the neighbors' claims to be baseless.
"What the court essentially said was the zoning board was correct in their decision," Klein said. "You really can't complain there's going to be an environmental impact when you're replacing a non-conforming hotel with condominium units with more than the required parking."
Howard Fishman, the attorney for the neighbors, did not return calls for comment, but the neighbors immediately filed a notice of appeal.
"We're confident the zoning board's and supreme court's decisions will be upheld," said Walter Belling, the attorney for Sun America. "We expect the appeal to be defeated."
The development will have 50 condo units, a reduction by 14 from the original proposal by Sun America, and will include the parcel of land east of the Atlantic. The purchase of the land was a condition of the development's approval by the ZBA. The land is not allowed to be developed into housing, but Belling said that the parcel, which will cost Sun America no more than $1.4 million, will hold a swimming pool and cabanas for residents.
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