By Beth Wallach
Discussions regarding Signature Place, the 349-unit multifamily housing complex proposed for the former site of Darby Drug, broke down last week after months of negotiations between the Rockville Centre Planning Board and Chase Partners LLC, the complex-s developers.
At its Nov. 16 meeting, the Rockville Centre Planning Board, after meeting with counsel, came to a swift and unanimous decision regarding the site plan findings on the proposed complex, concluding that the number of units allowed could not exceed 230.
Michael Faltischek, lead counsel for Chase, stated in a Nov. 16 press release, The village Planning Board-s refusal to reach a reasonable compromise leaves our client with no alternative but to seek judicial redress. Referring to the Nassau County Planning Commission-s Nov. 4 decision to approve the project at 349 units, Faltischek added, The likelihood of success is significant.
Gary Fishberg, counsel for the village, said, The Nassau County Planning Commission, which is only an advisory board, went beyond their authority in approving the proposed 349 units, and that their recommendations have no binding effect on the [RVC] Planning Board.
Neal Lewis, who sits on the nine-member commission, was disappointed by the Rockville Centre board-s rejection of the project that the Nassau commission approved. It sits so close to a transit station, said Lewis. Everyone talks about traffic congestion as a frequent quality-of-life concern. This proposal presents a perfect opportunity to provide an additional housing option, which are apartments near a train station. This is the kind of thing we need to see more of on Long Island.
Mary Beth Kearns, the village Planning Board-s president, proposed sending a letter to the county planning commission, informing it that it was wrong in referring to the number of units under consideration as 349. The board members voted in favor of the letter, with the exception of Bill Croutier, who abstained because, while agreeing with its intent and substance, he wanted the wording of the letter to be stronger. Members of the RVC Planning Board felt that limiting the size of the project to 230 units complied with the findings of the State Environmental Quality Review Act, or SEQRA.
We tried for months to bend and accommodate, said Faltischek the day after the RVC board-s decision, but it was clear they didn-t want the project. Prior to the recent breakdown in negotiations, two lawsuits had already been filed against the village and individual members of the RVC Planning Board. The first suit challenges the action or inaction and conduct of the board. The second deals with the SEQRA findings.
The two sides were probably within a hair-s breadth of settling this as late as last Monday, said Fishberg. It was Signature Place that backed out, and put some additional demands on the table that were in excess of what we had. According to Fishberg, Faltischek is, not quite right in consistently saying he has an Ôas of right- zoning for 349 units. There-s nothing in the village-s zoning law that speaks to the number of units allowed per acre.
As for Faltischek, he said that even though luxury, high-end townhouses were being proposed, the RVC Planning Board had generalized fears, their main worries being that the complex would be used for low-income housing, and that the number of children moving into the development would put too much strain on Rockville Centre schools. According to the statement put out by Faltischek-s office, The project as originally designed met with all of the requirements of local zoning. It goes on to say that two independent agencies, the Town of Hempstead Industrial Development Agency and the Nassau County Planning Commission, both analyzed the project as proposed and found it to be appropriate.
