By Mary Malloy
The proposed law, amending Chapter 288 of the Village Code, adds another class to the six zones already in existence in the village, to be called Waterfront Commercial Zone. If the law passes, residential properties could not be built in the new zone.
According to Village Attorney Anthony Guardino, after a meeting with the village's planning consultants, Saccardi & Schiff, based in White Plains, it was suggested that the new zone be added, for commercial and recreational uses only. "Currently, the waterfront district includes both residential and commercial," Guardino explained. "This would change the area immediately adjacent to the boat basin to just commercial use. The proposed townhouses would not be allowed, since they are within this area."
Guardino was referring to the lot at 2 Main St., owned by Donald Colwell, the site of the East Point Inn restaurant since 1969. The building served as the first village post office and general store almost a century ago, long before it became a restaurant. The Colwells demolished the structure in April 2004, amid questions of permit legalities. The property now serves as a parking lot.
"There wouldn't even be a waterfront if it wasn't for the generosity of the Colwell family," said John Kuehn, a resident from Centre Avenue. "They have generated a lot of income for this village. I don't see a lot of busineses busting down the doors to come into East Rockaway. The condos will generate a tax base, it's something the village needs."
The Colwell family, owner of the former East Point Inn on Main Street, is currently under contract with CRG Building Inc. to sell the land for seven proposed townhouses. "Unfortunately, this [waterfront commercial zoning] proposal will have the impact of stopping this project dead in its tracks," said CRG's attorney, Howard D. Avrutine of Goldstein & Avrutine.
The village board rezoned the downtown area around the Talfor Boat Basin in December 2005, calling it the waterfront district. "In February, my client and Mr. Colwell signed a contract whereby CRG would buy it under the new regulations," Avrutine said. "As a special exception, it still would have had to go up to the board. We filed the necessary applications in March. Building inspectors looked at it, then out of the blue, this [rezoning] notice comes. [CRG has] have already spent $25,000 on filing fees, architect fees, soil testing, surveys and more. We vehemently oppose the prohibition of the use of this property. We feel this was an appropriate proposal. ... We respectfully request that this legislation not be adopted without further analysis."
Colwell, speaking through his newly retained attorney, Stephen Markus of Walsh, Markus, McDougal & DeBellis in Garden City, said that three years ago he donated a piece of land where the boardwalk is now to the village. That area, called White Cannon Point, was approximately three-quarters of an acre in size and provided 475 feet of waterfront, on Main and Dock Street. "I ask you to pause, and think of the ramifications of what this will do to everyone," said Markus. "I ask you to not enact this particular legislation tonight. From what I understand, [Colwell] raised five daughters here, and about 150 student employees worked at the East Point Inn [throughout the years]. This is not about sympathy. It will impact only one resident. When you rezoned the waterfront district in December, it was after two years of careful consideration. What has changed in the last six months?"
Ken Clark, owner of East Rockaway Paint and Hardware on Main Street said that the Talfor waterways are a key to the character of the village. "The whole area is the single most important asset to the village," said Clark. "We must have a vision for the future. The village needs to encourage businesses and commerce to come in." "Before we created the waterfront districts, several projects were in works that will affect life here in East Rockaway, like the senior housing proposal," Deputy Mayor Richard Meagher said. "Where Freeport has their "nautical mile," we have more like a "nautical block" -- and we're concerned about it. This [proposal] is not against any one property owner, but we do have a responsibility to the mix that will be within this block. I see that this hearing has generated a lot of emotion, because [Colwell] was a benefactor to the community. But we have a responsibility to do what is best for the entire community."
Markus asked the board to make public the entire record of what it considered in the December rezoning, and requested a new study to support the current proposal. According to Guardino, the new proposal was sent to the Nassau Country Planning Commission three weeks ago.
"It is not our intention to make a choice tonight on this proposed local law," said Mayor Joseph Carrigan. "And we are certainly not singling out any individual."
A motion was made by the board to continue the public hearing on this matter. "The board and village attorney will consult with the planners again," said Clerk/Treasurer Dennis McCabe. "We want to create public access to the waterfront. We will do more fact finding."
The continued public hearing will be made known to every affected property, and a press release will notify other interested residents.
Comments about this story? MMalloy@liherald.com or (516) 569-4000, ext. 202.
