by Chris Munzing
Because the proposal calls for the elimination of a section of Shore Road that stretches from Riverside Boulevard to Long Beach Boulevard, Theofan suggested that this could be described as the sale of city land, which requires four votes.
Though the section was de-mapped several years ago, Theofan said that the four-vote argument could be made, and that the Haberman Group would be the obvious entity to raise the issue. The group is one of the Superblock landowners.
"He could challenge the legality of the conveyance," Theofan said of landowner Sinclair Haberman. "Shore Road is city property, but [proposed developer Philip] Pilevsky would say the original contract was approved with four votes."
"Let the city do what they feel is best," said Jacob Haberman, speaking on behalf of the Haberman Group.
Haberman would not comment on whether he thought the city needed four votes, but he did say that the city should be asking for more security from Pilevsky should the condemnation cost more than the $19 million agreed upon by the city and Pilevsky in the proposed contract as amended.
"I think [$19 million] is much too low," Haberman said, "but that's the way the cookie crumbles."
Councilman Denis Kelly wrote in a guest editorial in last week's Herald that he would vote against the development because of its lack of a traditional hotel.
The proposed development calls for two 10-story condominium towers containing 250 condominium units and 140 hotel units, with one of the towers divided roughly in half among condominiums and hotel units. The plan also includes a bar, a salon, a pool, an 8,000-square-foot health club, a gift shop and restaurant and catering facilities on the boardwalk.
The hotel rooms would not be the traditional style. They would be condo units that could be purchased and then rented out. Pilevski's attorney, Scott Furman, has said that at the outset, all 140 hotel units would be owned by the developer. The developers have since made a concession to keep 50 rooms available to the public.
The two resolutions that were tabled at the Feb. 15 and March 1 council meetings are the acceptance of the findings of the New York State Environmental Quality Review Act that the development would have no significant impact on the environment, and the authorization of the city manager to execute an amendment to the original contract between the city and the developer, Philips International.
Councilman Lenny Remo said he believed the proposed development needed four votes, but he couldn't say for sure. He added that he is "100 percent behind this project."
Remo said, however, that he would like to see the developer pick up the costs of necessary changes and upgrades to the city's infrastructure, such as water and sewer mains and street repairs.
"The most compelling reason to do this is what the block will look like if we don't do this," Theofan said. "You would have condo towers over here and two-family houses over there. With the proposed development, someone can have their daughter's wedding here in Long Beach."
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