By Jeff Lipton
This time the setting was the Nassau County Planning Commission at the county legislative building on Thursday, July 25. Developer Kamran Pourgol was seeking permission from the commission to subdivide the property on Clubhouse Road and Fairway Drive from one home to two, after the fact, and be granted permission to finish the homes. In April, the Town of Hempstead Board of Zoning Appeals rejected the project because they were being constructed with basements in a flood hazard zone, which is against town code. The project also violated side yard and building lot coverage by a small margin.
Hearings have been held before the town's Board of Zoning Appeals.
Neighbors expressed opposition because they said Pourgol bought one home, knocked it down and built two, five-bedroom homes in its place and did it all against town regulations.
Pourgol said he has modified his plans to eliminate the basements, which will be filled in, and promised to bring the homes into full compliance with the law.
They are in compliance, he said after last week's hearing ended.
Neighbors still lashed out at the project during the July 25 public hearing. Neighbors complained that the homes were constructed against the zoning law, but no one from the Town of Hempstead inspected them to make sure the developer was complying with the building code.
No one ever inspected these houses, said Harris Tunick, who lives near the homes. They were just built helter-skelter.
Bernard Marcus, another neighbor, added, I've seen the laws completed flaunted in the building of these homes.
Last year, the Town of Hempstead apparently issued a building permit in error to Pourgol, who then did not believe he needed variances to construct the two houses. When the town discovered the error, the permit was revoked, a stop-work order was issued and despite the order, neighbors said, Pourgol continued to build the homes.
I don't see how the builder could be rewarded for violating the law, Marcus told the planning commission.
Woodmere Park resident Allen Kramer said he was upset that trees were knocked down to make way for the homes and asked the planning commission if a tree map had been filed before construction.
Woodmere Park is a beautiful area, except for those two homes, Kramer said.
Paul Glasgow, a leader in the Woodmere Park Association, testified that the homes were built with basements even though it is located in a flood hazard zone. He said if a flood occurred, the homes would shift under water pressure, jeopardizing neighbors because of the damage that could be done to gas and electric lines.
Although he did not speak during the hearing, Pourgol verbally attacked his accusers. They are lying. They are lying about everything they are telling you, about a stop-work order, about the houses.
His attorney, William Bonesso, said the basements will be filled in, but an appeal has been filed with the Nassau County Supreme Court regarding the town's rejection of total lot and side yard coverage, which amounts to about an inch or two shy of what is required.
If the planning commission grants the subdivision approval, the court case may be dropped and Pourgol may just make the minor modifications to bring the home in compliance with zoning, because a court decision can take up to six months, Bonesso said.
Pourgol has said he has lost plenty of money on the homes, since he is paying taxes and he had gone to contract on the homes with perspective buyers.
Bonesso said he believes the strong opposition by neighbors helped sway the town to reject the variances.
After the hearing, the planning commission said they would reserve their decision on the project until they take a closer look at the homes. The case is expected to be continued at the Thursday, Aug. 22 planning commission meeting.
