By:JOSEPH KELLARD
Toback encouraged residents to attend a hearing by the Town of Hempstead board on May 11, as that body takes steps to use eminent domain law to condemn the property and convert the site into a public parking lot. The town officially began this process at its board meeting on April 13, and 18 days later Toback issued the motel owner, Bharat Bhatt, a First Notice of Prohibited Conduct, based on five drug-related arrests since last Aug. 29, which warns the owner to either prevent further arrests at his facility or face having it closed.
"This is a real opportunity to rid this community of a facility that does no good for the community," Toback told residents as he explained the procedures of the hearing where they can voice their concerns about the motel, which will become part of the record and be reviewed by a judge. "It would be terrible to miss this opportunity."
Citing the motel as a possible cause of economic depression in the business corridor along North Long Beach Road, Toback explained the many complaints residents have about the motel, from the drug paraphernalia they routinely find on their property, which they claim comes from its clientele, to the sex offenders who have taken up residence there. According to New York state's crime Web site, a 62-year-old man convicted of molesting two 9-year-old girls in 2000 lived at the motel last summer, and a 41-year-old man convicted of raping a 27-year-old woman in 2001 lives there now.
"That's not the quality of life we deserve in Oceanside, and it's not what we should become accustomed to," Toback said.
Residents asked Toback if there was a law as to how many days people can rent a room at the motel. While he speculated that there is a 180-day legal limit, he said that the issue with sex offender is "really not a Megan's Law issue, it's a parole issue. The person who gets out of prison and is a registered sex offender, as any prisoner who gets released from jail, has to have a parole officer who sets the conditions of the parole. One of the conditions could be he can't live within 1,000 feet of a school."
Toback added that he is investigating the conditions of the parole of the sex offender who is residing at the motel, and will share this information once he receives it.
He acknowledged that while not everyone may agree with the town's decision to turn the motel into a parking lot, he said that "that's really the fastest way to the ends that we want." In their talks with the legislator, some Harrison Avenue residents welcomed the parking lot, saying parking on their streets is often a problem, with some motorists parking in their driveways or up on their curbs.
Other residents asked Toback what it means to taxpayers if the motel comes under town ownership and is taken off the tax rolls. He explained that Oceanside property owners would have to make up those taxes, and he estimated that might cost $2 per resident.
One resident said, "It doesn't matter how much it costs."
Denis Oshinsky, a Harrison Avenue resident, questioned the town's and county's actions regarding a public nuisance law. The law states that if two arrests of a certain nature, such as those related to the sale of drugs or prostitution, occur on a property within 12 months, authorities can prohibit occupancy of the premises for approximately three years after the arrests.
Oshinsky wanted to know why both jurisdictions, the town and county, waited for five arrests to occur instead of the required two to take action.
Toback said, "I don't really have a good answer for you."
Oshinsky asked Toback how long it would take to close the motel once the town made its ruling to do so. Toback estimated that it would be nine months to a year before the motel could legally be shut down, and noted that no municipality in New York state has ever lost an eminent domain case.
"Why should we have to live with [the motel] for another year?" Oshinsky pressed. He was told by Toback that the law doesn't allow simply shutting the motel down.
He explained that police are doubling their efforts in keeping an eye on the motel.
Asked why the town issued its First Notice of Prohibited Conduct after it had already initiated measures to condemn the property, Toback said that the two avenues being pursued by both local governments would help, "because government generally moves slowly, and if we have two of our local governments moving simultaneously we are going to end up with the ending that we all want."
Scheduled to start at 6 p.m., the meeting was delayed as meeting-goers gathered around as residents were interviewed by Channel 7 Eyewitness News about the motel and the efforts to close it.
"I have a 6-year-old who goes to the Kindergarten Center near the motel, and I have to look out for her," Cynthia Silberman told the Herald after the meeting. "Also, businesses like the movie theater have suffered because they are right across the street from the motel and no one wants to go there."
Bharat Bhatt, the motel's owner, said that either he or a representative will attended the town hearing. "First thing, I live in Oceanside and my children go to the same school as [residents'] kids," Bhatt explained, "and so I don't want anything bad in our town. I live here, too. What will benefit the community, I will do it. But I make my living on this property, so it has to be fair."
