By Jeff Lipton
The zoning board listened to expert testimony in both cases concerning environmental issues at 2 Bay Boulevard, where New York Depot recycling facility has been operating, and at Clubhouse Road and Fairway Drive, where two homes are under construction to the dismay of neighbors.
Both hearings were cut short on Dec. 19, after only one or two speakers testified, none of them residents. The Woodmere Park hearing has been adjourned until Thursday, Jan. 17 and the Inwood recycling plant hearing until Wednesday, Jan. 23, both at 9:30 a.m. at Hempstead Town Hall Plaza, 1 Washington St., Hempstead.
Woodmere Park construction
In the Woodmere Park project, developer Kamran Pourgol was completing construction on two homes when he was issued a stop-work order to cease construction because the town discovered the project required variances. One of the requirements included a flood hazard zone variance because the developer built basements, which are not allowed in that area. The buildings must have a crawl space and the building must be set at a beginning height higher than the flood elevation level of eight feet.
Robert Bennett, an engineer for Rabco Associates, was called to give expert testimony for the developer. He argued before the BZA that the basements were designed to withstand the pressure associated with a flood.
Pourgol went to the BZA to seek relief from the zoning requirements for the two homes, which are more than 75 percent complete. He erected the two homes after the town issued him a building permit, which was later rescinded when town officials learned that it was issued in error. Neighbors complained that Pourgol continued to work on the buildings, despite a stop-work order, a claim Pourgol vigorously denied.
He [Pourgol] actually didn't help himself by not getting his permit for the basement, said attorney William Bonesso, who is representing Pourgol in the BZA case.
The project continues to draw the wrath of neighbors, who contend that it is out of character with the neighborhood. A large group of Woodmere Park residents has attended the two hearings on the project, waiting for their turn to testify before the board.
Neighbors are expected to tell their stories on Jan. 17, which has been set aside solely for this hearing. The zoning board was not expected to meet on that day, said a board spokesperson.
Neighbors said they would like to possibly see one or both buildings torn down because they were built in violation of the zoning code. The suggestion has angered Pourgol, who said he has invested much money in building them and has buyers waiting to close on contracts. The project is about eight months behind schedule. Pourgol said he has the legal right to finish construction. He added that Woodmere Park neighbors have been spiteful to him and he is not sure why.
When he got his building permit, he went to the Nassau County Planning Commission for permission to subdivide the property, but it was denied because he did not have the proper town variances, which led to the case appearing before the zoning board for the first time on Nov. 28.
New York Depot
The New York Depot case before the zoning board has stretched on for months, as recycling company owner, Joseph Aragona, has sought a permit to continue operating the plant. Neighbors complained that the operation has amassed a large mountain of dirt, emitting dust into the air. Some residents claim the dust has caused them breathing problems.
Attorneys for Sanitary District 1, which is located close to the facility and has raised objections before the BZA about the operation, called John Cameron, a managing partner in Cameron Engineering, to testify about environmental problems caused by the facility.
Cameron said the dust and dirt blows off the piles, gets into the air and street and then seeps into the water as a result of runoff after rainfall.
The state has ordered that the piles should measure no higher than 30 feet. According to Nat Swergold, attorney for Sanitary District 1, measurements taken a day before the hearing showed that the lowest the pile measured in one section was 35 1/2 feet and the highest was 46 feet.
I think his testimony was very effective, Swergold said of Cameron. He was a very effective witness on behalf of the objectors.
The piles are close to the public roadway, and during a heavy rainfall the dirt washes into the roadway and then into the sub-soil, Swergold said. He added that the setback issue is critical because the facility is operating on the edge of the property, which is against zoning laws.
Our goal is to get him to be agood neighbor,' said Swergold who added that the facility has yet to meet the strict parameters established by the Department of Environmental Protection.
Aragona is seeking a permit to operate the two-year-old company after being denied one by the town building department, which cited noise, dust, dirt and vibration generated by the company, making the facility an obnoxious and offensive use. NY Depot recycles dirt, concrete, rock and asphalt into top soil for other construction projects.
Aragona's attorney, William Cohn, has said that no evidence has been presented to prove the plant has been operating in a noxious or offensive matter.
Neighbors have complained of dirt flying all over the place from the depot, but Aragona and his attorney have questioned how they could be so sure the dust was coming from the recycling plant, since there are similar facilities operating in the neighborhood.
The DEC has sent them limits on what they could do, Swergold said.
Aragona has stated that steps were in place to control the dust, but added that it was impossible to control every speck of dirt.
The dust is still blowing, said Elisa Hinken, an Inwood neighbor opposed to the way the facility has been operating. He still does not have any effective dust control measures.
She said Cameron's testimony reinforces the opinion of the opposition that New York Depot is an unhealthy site.
At the Jan. 23 hearing, Swergold said he will call an expert to testify about the plant's impact on the air quality.
