By Jeff Lipton
It is beyond belief what they have done, said developer Kamran Pourgol. It is unheard of and unbelievable. I am not only surprised, but I am also furious.
Pourgol said he was studying his options, which include appealing the decision to the courts.
Pourgol constructed the homes, at Clubhouse Road and Fairway Drive, and they were about 80-percent complete when a stop-work order was issued because the builder was not following town codes. The homes were being constructed with basements, which is against the law because they are located in a flood hazard zone, and the project violated side yard and building lot coverage by a small percentage. An all-day public hearing was held before the BZA on Jan. 17, when both sides presented their arguments.
The Board of Zoning Appeals rendered its decisions on the two homes on April 24 and April 26 and notified Woodmere Park neighbors last week.
The board unanimously denied a variance for the building facing Fairway Drive, for which the developer was seeking permission to maintain a dwelling with a garage in a flood hazard zone. In a split decision, by a vote of 4-3, the board rejected variance requests for the building facing Clubhouse Road, which needed special permission for lot area occupied by the building, side yard aggregate and maintaining a home with a garage in a flood hazard zone. An additional request to maintain a basement in a flood hazard zone was subsequently withdrawn by the developer.
Neither building passed muster, said Paul J. Glasgow, Woodmere Park Association past president, who along with neighbors fought the construction project.
A spokesperson for the Town of Hempstead said the developer now has two recourses, he could bring the homes into compliance, which means he would have to reduce the size of the buildings, or he could appeal the decision and take his chances in the courts. Opponents said they wanted the developer to rip one or both of the buildings down
