New York State Supreme Court rules Hempstead's transit development plan repeal invalid

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State Supreme Court Judge Conrad Singer ruled earlier this month that the Town of Hempstead’s repeal of a proposed transit-oriented development plan in Inwood and North Lawrence is invalid.

Singer determined that the town failed to comply with state law when it did not seek approval from the Nassau County Planning Commission before rescinding the plan.

The Town Board had unanimously voted to repeal the plan on Nov. 19, responding to community opposition.

The proposed development, introduced in 2019 by then Town Supervisor Bruce Blakeman, who is now Nassau County executive, would rezone 11.7 acres near the Inwood and Lawrence Long Island Rail Road stations to allow for high-density residential development.

The proposal, “Transit-Oriented Development District for North Lawrence and Inwood,” stated: “Having transit-oriented development within walking distance of the Lawrence and Inwood LIRR train stations, with appropriate design elements, will achieve multiple goals: encourage walking and bicycling; increase transit ridership; emphasize mixed-use, pedestrian-oriented development; reduce potential automobile dependency associated with new land uses by locating multiple destinations within close proximity; and support a larger commercial tax base for North Lawrence and Inwood.”

Less than two years later, Heatherwood Communities LLC, a developer based in Commack, proposed a five-story, mixed-use building with more than 300 residential units, and garage parking for more than 400 vehicles, to be built on Wanser and Bayview avenues in Inwood. Progress was delayed by a town moratorium in 2022, which remained in effect until last June.

Now, following Singer’s June 11 ruling, Heatherwood plans to move forward with the $154 million project. The company filed its application in 2022.

“Although we’re disappointed that the situation required us to take legal action,” Heatherwood attorney Dan Shapiro said, “we’re pleased that our development rights have been restored by the court and we very much look forward to working with the town to find a resolution that works for all parties.”

Singer ordered the town to begin its review process of the project. In response, the Town Board has appointed a design review committee to comply with the court’s directive.

“We are reviewing the court’s decision and will act accordingly,” Town Attorney John L. Maccarone said in a statement.

LIRR officials have said they believe this is a smart plan for all involved, and look forward to new customers on the Inwood and Lawrence trains.

“Transit-oriented development is a smart bet for all involved,” LIRR President Rob Free wrote in a statement. “It connects customers to LIRR’s record-breaking reliable service  to the east and west sides of Manhattan and all the way to Montauk, while promoting sustainable growth and addressing local housing needs. We look forward to welcoming the future residents of these new apartments aboard.”

Paris Popack, a former president of the Lawrence Civic Association and a former deputy mayor of Lawrence, has been at the forefront of the opposition to the development, and attended every public hearing on the matter.

“After personally investing vast sums of time, effort and resources along with help from many others,” Popack wrote in an email, “I could not fathom how a technical glitch could allow uncaring purely financially motivated developers to jeopardize the health and safety of us all when the Town Board had wisely agreed not to allow it.”

She questioned how a “mistake could have been made” that caused a reversal of a finalized decision that protected the interests of residents of Inwood, North Lawrence and surrounding communities.

“This decision will affect the community for all the reasons that have been discussed over the years,” Popack wrote, “and which the TOH board ultimately acknowledged when it rescinded the TOD zoning. Imagine 1,000s of additional cars, vans and trucks clogging our area daily even more and putting our lives a risk. The Town Board agrees with all issues except for their one technical misstep.”

Popack is urging the town to “do the right thing,” and said she believed the board has the power to fix this situation. She is hoping for a new vote and a fresh resolution.

“The Town should reintroduce the resolution with proper procedural compliance with a fresh vote to rescind the TOD Zoning changes made 5 years ago,” Popack wrote.

She called on residents to attend Tuesday’s town meeting, which was scheduled to take place as the Herald went to press.

Have an opinion on transit-oriented development? Send a letter to mberman@liherald.com.