by Judy Rattner
dated April 23, 1952, when the former Allen Field, site of a water processing plant, was sold by the village to then-School District 21. The area is the plot on which South Side High School was built, and expanded over the last 55 years.
At issue is whether this covenant can prevent the school district from accepting a proposed gift of new lights, turf and seating from the Rockville Centre Athletic Council, for the high school's new football field. A broader question is whether the plot is subject to local building and zoning ordinances, or whether the school district has complete jurisdiction.
"To have and to hold the premises herein granted unto the party of the second part, its successors and assigns forever. Subject to Building and Zoning Ordinances of the incorporated Village of Rockville Centre," is the language in the clause being studied. Some neighbors of the high school, who have joined to fight the proposed project, have publicly brought the clause to the attention of both governing bodies, at a school board meeting on Dec. 5 and at the village board meeting on Jan. 8, when they called for the trustees to supersede the school district and subject development on the premises to review by the Rockville Centre building department.
The school district has never had a project on its property subjected to review by any local authority, because the New York State Education Department grants school districts their own zoning authority, without requiring the approval of local municipalities.
"No one has ever exercised the clause," said Rockville Centre schools Superintendent Dr. William Johnson, "It was never looked at -- not ignored -- but never looked at in over 50 years. We have sent it off to our attorneys for their review." Johnson said that he was surprised that no one ever noticed the restriction, because there have been many actions taken over the years that have affected the condition of the property. He cited a new wing, portable classrooms, a renovation to the garage, an added garage, and the track , which has been replaced twice, as examples of changes to the property that were not subject to village scrutiny or approval.
Village Trustee Wayne Lipton said although the issue was "not cut and dried," he believes the proposed project is outside the jurisdiction of the village, because there is no case law and no precedent to support its jurisdiction, as the state generally supercedes the control of local municipalities. It would then become the decision of the members of the school board, he said. "This clearly is a school matter," Lipton said. "It would not be in the best interest of anyone in the village to enforce something that may not be enforceable. If the village board, in its wisdom, decides to pursue this issue, it would be unfortunate."
Attorneys for the school district and the village were expected to discuss the covenant and render a decision on jurisdiction before the school board meeting on Jan.16. Comments? Email rvceditor@liherald.com or call (516)569-4000 ext. 208.
