by Mike Schnitzel
During the meeting, the trustees decided to hold a public hearing on a new local law that would place several conditions on OTB if it decided to operate in the village. The public hearing is scheduled to be held at the July 10 board meeting, which begins at 8 p.m., in Lynbrook Village Hall.
The new proposed law regarding off-track pari-mutuel betting offices would bar any OTB office from operating within a 500-foot radius of any district permitting one or two-family dwellings, within a half-mile radius of any other branch office located within the village or within a 1,000-foot radius of any school, church or other place of religious worship, park, playground or playing field, according to a copy of the local law obtained by the Herald.
There are no other OTB branch offices in Lynbrook, with the nearest ones located on Lawson Boulevard in Oceanside, the Green Acres Mall in Valley Stream and on Rockaway Turnpike in North Lawrence.
Joseph Galante, a spokesman for OTB, said that he had heard nothing internally about a possible move to Lynbrook.
But Galante said that OTB, which leases property at the Green Acres Mall, is looking to own its own branch office in Valley Stream.
"It makes more sense for us to own our locations," said Galante. "The thing we like about Green Acres is that it's close to a lot of public transportation."
Michael Ruggiero, who works with American Commercial Real Estate in Woodbury, which was hired by OTB to find a branch office site, said that Lynbrook would be the alternative if negotiations in Valley Stream don't pan out.
"There was a property in Lynbrook I had offered [to OTB] which was a secondary choice to another property," said Ruggiero.
According to Lynbrook Village Attorney Peter Ledwith, OTB has the power of eminent domain under the New York State Racing, Pari-Mutuel Wagering and Breeding Law.
"Once they find a property that they think is suitable, the county or OTB can condemn that property for use as an office," Ledwith said in explaining eminent domain. "However, once a municipality establishes a zoning law, OTB must comply with that zoning law."
Ledwith added that any zoning law would have to "carefully balance the municipality's needs with the larger intent and interest."
Galante said that while OTB does have the power of eminent domain, it prefers to work with communities rather than use that power. "We consider ourselves part of the communities we're in," said Galante. "We like to work with those communities."
The two locations in Lynbrook where OTB would be allowed to establish a branch office under the proposed local law would be at the former home of Baisley Lumber on Whitehall Street and Horton Avenue, or on a strip of land on Rocklyn Avenue between Sunrise Highway and Merrick Road, where Whitey Ford's Batting Range was once located, said Ledwith.
Village officials have raised concerns about the possibility of OTB establishing a branch office in Lynbrook. Ledwith feared that setting up a branch office at either of the two possible locations would cause a "concentration of traffic that wasn't there before," and the added congestion could pose problems for area drivers.
Mayor Eugene Scarpato was not enthusiastic about the proposal, but admitted that it would be hard to bar OTB from coming into the village if it wanted to. "I'm not particularly happy to see [an OTB branch office in the village] personally," said Scarpato. "I don't think we need it, but the [New York State Racing Pari-Mutuel Wagering and Breeding Law] allows them to come into communities."
Scarpato said many agreed that any OTB branch office in the village would need to be kept a "certain distance" away from churches, homes and schools.
Trustee Richard Clifford said that he would not be happy to see an OTB branch office in the village, and would fight against its arrival. "This has to be stopped at all costs," said Clifford. "It's not the type of business I would want to [see] in this village."
Ledwith said that OTB officials have the option to sue the village if they feel that the proposed zoning law is unreasonable, but called such a scenario "highly unlikely."
Off-Track Betting Corporations were established by the New York State Legislature in 1975. Money generated by Nassau Downs OTB goes directly to the Nassau County government. According to the latest available data on the Nassau Downs OTB Web site, the agency handled $268 million in wagers in 2002. There are 14 OTB branch offices located throughout Nassau County.
Comments about this story? Mschnitzel@liherald.com or (516) 569-4000 ext. 265.
