By Nicole Falco
On July 26, the BZA unanimously approved the site plan and variances applied for by the property owner, Dr. Leonard Bleicher of Hewlett Harbor. The variances included ones for lot coverage, number of dwelling units, and front and rear setbacks. There is currently a row of a dozen store fronts on the property. All but three, a music store, a frame shop and a laundromat, are empty.
"We have no objection to progress," resident Alan Schaecter said in his opening remarks. "We just want them to do it according to code."
A handful of residents, including Schaecter and Ted Eid, organized the meeting to inform residents of the BZA's decision, discuss details of the project and gauge support for a lawsuit. An architect's renderings of the project were available for public view.
"All of us testified against the project -no one testified for this project," Schaecter, who lives on Muller Place, told the crowd. "Despite all our letters and efforts against the project, the zoning board disregarded them and gave its approval."
Bill Freda, who does not live in the Gibson section but has been following the case, is acting as an advisor to the group. Freda has been involved in four Article 78 proceedings as both a resident and a member of the village Planning Board in the early 1990s. The focus of one of the more recent lawsuits was on stopping the sale of a village-owned parking lot on East Lincoln Avenue, and another attempted to stop the construction of the mini-golf course and auxiliary building in Hendrickson Park. The former is now in appellate court.
"The facts are all on our side," Freda said.
Freda discussed some of the major points that would be challenged if a lawsuit were filed. They include the density of the project, the setback on Gibson Boulevard, a lack of play space for children and the lack of an environmental impact study. Village zoning code allows a maximum of 40 percent lot coverage, but a variance was granted for 69 percent. The maximum number of units permitted on the lot is 30, according to the village's interpretation of the code, and 23 according to residents' interpretation, but a variance was granted for 35.
Code requires a 20-foot front setback, but a variance was granted for a 4-foot front setback from the property line along Gibson Boulevard. Freda also said that the complex is actually four stories, not three, because part of the basement level is above ground. He added that the lawsuit would challenge whether decks or balconies like the ones included in plans for the complex are permissible in a C-1 District.
James G. Preston, an attorney who is familiar with Article 78 proceedings, has not been retained, but told those in attendance that he would be willing to review the case and, if there is sufficient cause, draw up an appeal on residents' behalf, but a decision to challenge the BZA's ruling would have to be made quickly. An appeal must be filed in Supreme Court within 30 days of the BZA's decision, which should be filed by Aug. 16.
Retaining a lawyer would not be inexpensive. Eid asked families interested in appealing the decision to contribute at least $100 each for court and attorney fees. "We have to somehow or another keep our village the way it is," said Eid, who lives just south of the property on Gibson Boulevard. "There is strength in numbers."
Bleicher's attorney, Dominick Minerva of Minerva & D'Agostino, said he has already prepared his client for the possibility that the BZA's decision would be challenged. "You don't undertake these things today without having an eye toward the fact that any disgruntled citizen can file an Article 78 court proceeding," Minerva said in a phone interview. "I've faced that many times before. On each of the occasions when I have faced it, the developer has been successful in the litigation."
Minerva also said that a Short Environment Assessment Form was filed with the village. According to Minerva, an Environmental Impact Study is not required in this case because the property is already a developed parcel - it already has water, drainage and sewage lines.
Mike McKenna, counsel to the zoning board, defended the BZA's decision. "Obviously, [the residents] have a right to file," he said. "I don't know what their basis is for filing an appeal, [but] the whole purpose of the zoning board is to give relief from the code. If you cannot meet the requirements of the zoning code, it's your right to go before the board for a variance."
Concluding the meeting, Eid asked residents to return for a second meeting on Monday, Aug. 8, at 7 p.m. at the Gibson station. At that meeting, a decision will be made on whether there is sufficient public support to file an appeal. In case of heavy rain, the meeting would be held the following night at the same time and location. Eid said he is available to answer questions about next Monday's meeting at (516) 359-7442. Freda is available via e-mail at islandpilot@yahoo.com.
Comments about this story? NFalco@liherald.com or (516) 569-4000 ext. 208.
