by Mike Schnitzel
Residents Bill Freda and Gabe Parrish, who will argue the case on their own behalf, are challenging the legality of the Board of Trustees' actions taken during a special meeting on Sept. 12 at Village Hall.
At that meeting, the board adopted Local Law No. 1, which created a CA district, or floating zone, permitting the construction of residential housing in industrial/commercial zones - C-2, C-3 and C-X districts - on a case-by-case basis at the discretion of the Board of Trustees, circumventing the Zoning Board of Appeals.
Parrish, a 51-year Valley Stream resident who, together with Freda, brought the lawsuit against the village, feels that such changes to the village code should be determined by residents through a referendum. "I think it's a radical proposal," said Parrish. "I don't like the fact that they are circumventing the zoning board."
In Freda's opinion, Local Law No. 1 abolishes any zoning standards, leaving the board to act of its own volition. "It's a red flag for insider dealings," said Freda, who said he isn't opposed to the project itself, but the speed in which the laws clearing the way for it were passed. "It's an invitation to poor government."
Mayor Edward Cahill denied those assertions. "It's a great project for Valley Stream, and the people in the area are pleased with it," said Cahill, noting that residents in the immediate vicinity of the proposed complex, which would be located on South Cottage Street, had signed a petition in favor of the project.
"You're talking about a frivolous lawsuit here," said Dominick Minerva Sr., attorney for Valley Best LLC, which was not named in the lawsuit. "This is an opportunity to get rid of an older, less desirable use [for this property] where truck traffic was an annoyance to many in the community."
Local Law No. 2 allows for the rezoning of the two properties that abut the main parcel, the former home of InFlight Newspapers & Magazines, from a residential to a C-3 district, which would allow apartments to be built on the property. The parcels, on East Valley Stream Boulevard and South Cottage Street, will now be considered one property, along with the InFlight property.
Freda contends that Local Law No. 2 is the "poster child for spot zoning." "They are rezoning a parcel that is not part of a comprehensive village plan," said Freda, who added that it is standard that a rezoned parcel be part of such a plan.
Freda believes that the driving forces behind the two laws are former Nassau County Legislature Majority Leader Bruce Blakeman, who is currently a commissioner of the Port Authority of New York and New Jersey and is controlling partner of Valley Best LLC, and Dominick Minerva Sr., former Valley Stream trustee and mayor, and current counsel to Valley Best.
"This is a personal favor [to Blakeman and Minerva], which in my opinion is flagrantly illegal," said Freda.
Village Attorney Mike McKenna, who asserted that the project is in the best interests of the village, said he would make a motion to have the lawsuit dismissed. "To be able to bring a suit like this, you have to be able to show damages," said McKenna. "[The village] says they don't have the right to [sue] because they do not live near the property, and will not be hurt by it financially."
The complex would feature four one-bedroom units measuring 970 square feet each, 48 two-bedroom units of 1,175 square feet, and 25 1,400-square-foot three-bedroom units. According to the architect's plan, the building would resemble a row of townhouses rather than one continuous structure.
A second challenge
A union representing 20 former employees of InFlight said it may ask a federal court to temporarily block the sale of the company's former headquarters because the company and its owner, Remy Lehner, have failed to respond to a lawsuit seeking backpay and other benefits for the workers.
According to an Oct. 5 letter to a federal magistrate from Charles Pergue, a Manhattan lawyer representing Teamsters Union Local 707, the deadline for a response to the lawsuit passed without response this summer. Pergue said that he intends to seek a default judgment in the workers' favor after Lehner could not be "contacted or located." Pergue said that total claims against InFlight and Lehner total about $250,000.
Comments about this story? MSchnitzel@liherald.com or (516) 569-4000 ext. 265.
