By Angela Marshall
All variance requests are sent to the Nassau County Planning Commission prior to being heard by the Rockville Centre BZA. Usually, the NCPC looks at the case and finds it to be up to "local determination." However, in the event that the NCPC rejects an appeal for a variance, the applicant must win a super majority of the zoning board.
The NCPC felt that Cardiology Associates of Long Island's inability to provide any of the 19 parking spaces required by Rockville Centre code was too much of a burden to overcome. Neighboring business owners complained at three BZA hearings that there is already a shortage of parking in the area.
The doctors want to open a stress-testing facility at 200 Merrick Rd. in the old RVC Electric building, which does not have private parking. Kevin McDonough, attorney for the cardiology group, said the doctors may appeal the BZA decision.
McDonough won over three members of the BZA, Kevin Akner, Kevin Ryan and alternate Fred Levine, by explaining that the testing facility would have low-volume use, generating between five and eight patient visits per day. He said the way the building is laid out, there could be no substantial increase in patients, and he agreed to a codicil stating that the doctors would never permit other types of medical practice or business to be conducted in the facility without prior BZA approval. Another condition was that only one set of equipment needed for stress-testing would be permitted at the location.
McDonough also argued that one of the biggest advantages of granting the cardiology group's application is that it would give control of future development in that location to the board. Because the building was last used by a retail establishment, a developer can open another retail business there without needing to apply for a parking variance. However, if a different use opens there, such as the proposed medical office, retail could not open without a variance.
"I think this is almost a gift to the village," said McDonough while trying to convince the board to approve the variance.
BZA Chairman Jeff Greenfield and member Ray Ventura did not agree. Ventura worked in the building for 10 years and said he knows the parking problems there very well. His main objection was to the lack of turnover the parking spaces used by the doctors' patients would see, since stress-testing takes four to five hours. Ventura believes the area would be better served by a retail establishment whose customers would turn over every 10 to 15 minutes.
As to McDonough's argument that the patients could be directed to park in a specific lot a block or so away, Ventura said elderly people going in for stress-testing would park across the street. The lot across from 200 Merrick Road only has short-term parking spaces.
"I share Mr. Ventura's concerns," said Greenfield. "I can't see cardiac patients parking two blocks away."
Greenfield is a member of the NCPC but recuses himself from all Rockville Centre cases.
Although he voted to approve the variance, Ryan said he couldn't find fault with Ventura or Greenfield's logic, saying his own decision was a "close call."
