Project approved too early? Residents claim apartment complex may need a variance

Posted
      The proposed two-building apartment complex would be built on Banks Avenue north of the Sunrise Highway King Kullen.
      Forty percent lot coverage is allowed in the zone, but the apartment complex lot coverage is proposed at 47 percent. Michael Faltischek, attorney for Chase Partners, the apartment developers, said the project had been given bonus provisions by the village's Building Department for the underground parking that brought it back into compliance. He also said that even if that were not the case, the time to process a complaint, 120 days, had already lapsed.
      Projects needing variances are sent to the village's Zoning Board of Appeals first. If the zoning board grants relief, large projects like the 349-unit apartment complex are then sent on to the Planning Board for site-plan review.
      The Building Department employee who processed the Signature Place application no longer works for the village. Village Attorney Martha Krisel said, [Building] Superintendent [Steve] DeClue will be thoroughly reviewing all aspects of the Signature Place building permit application over the next few days.
      Jeanne Farnan Mulry, who along with Joe Thrapp brought the potential problem to light, wrote in a letter to the Planning Board following the meeting that the suggestion that the developer was entitled to a bonus for underground parking would be a misreading of the village code. The code actually allows for a bonus to non-multifamily uses but not to multifamily uses.
      Mulry also cited case law in which villages have required variance hearings even after buildings have been completed. She wanted to show that there is still time to send Signature Place to the Zoning Board.
      Thrapp, who, like Mulry, believes the apartment complex is too big for Rockville Centre, said, Somebody slipped. Thank God we found it.
      Signature Place developers began meeting with the Planning Board back in April for environmental review, and proceeded to site-plan review a few months ago. The developers have scaled down their project since they first brought it to the village Board of Trustees more than a year and a half ago, reducing the number of apartments from 500 to 349.
      The $45 million project would be built on the former Darby Drug site by Chase Partners of Bedminster, N.J. The 7.1-acre site would have two apartment buildings, each surrounding a courtyard and recreational space. Amenities would include a swimming pool, Jacuzzi, media room, library and computer/Internet facilities. Stone/stucco exteriors would emulate Old World Gothic architecture, according to plans submitted to the village.
      The next Planning Board hearing on Signature Place is scheduled for Jan. 20, but that could change if the building superintendent determines that the project does need a variance.