To preserve or develop?

Posted
Less than a month after a deal to convert the Sands into a condominium complex fell through, several other beach club owners have expressed a desire to transform their shore properties into tracts of single-family homes.
In an open letter sent to village residents on Aug. 14, Jeff Forchelli, an attorney representing the Atlantic Beach Club Association, pitched a plan that would require a change in zoning from marine recreational to multiple dwelling. ABCA, which includes the Catalina, Sunny Atlantic, Westbury and Clearwater beach clubs, filed a rezoning request with the village in 2007, but has not yet been granted a public hearing.
"We think one-family homes there would be a betterment of the community," Forchelli wrote in the letter, "both in terms of tax revenues and the impact on the community."
The association's letter was sent out in response to a recent correspondence from members of the Atlantic Beach Preservation League, who have vehemently opposed the beach club owners' application to rezone their shoreline properties. "I truly do feel that a change of zoning would open the floodgates, because marine recreational is absolute," said Susan Lager Jaffe, a co-president of the Preservation League.
The marine recreational zone is special to Jaffe because it was her father, Fred Lager, who was the village's mayor when the Town of Hempstead designated the zone, which was intended to protect the sanctity of the shoreline from residential development.
Strong community opposition led a development group headed by former U.S. Sen. Al D'Amato to abandon a plan to develop the Sands property into condominiums, a spokesman said. Since the Sands is located in the unincorporated Atlantic Beach Estates, the group's rezoning request had to be put before the Hempstead town board, and Town Supervisor Kate Murray expressed an intent to uphold the marine recreational zone.
In the case of the ABCA, the Village of Atlantic Beach has the authority to approve rezoning requests. To the probable dismay of the beach club owners, however, Mayor Stephen Mahler said he does not plan to grant their wish. "The village does not see any support for their project," Mahler said. "Although the mayor and the board would have the power to change the zoning, as far as I'm concerned, we would never do that without consent of the residents. We would never take such action without thoroughly investigating their opinion."
The ABCA has held a series of small, invitation-only meetings for residents. The group held a community forum at the Clearwater Beach Club on Tuesday.
At this meeting, only six residents came to hear about the possiblility of building homes to replace the beach clubs in Atlantic Beach. The main theme of Forchelli's presentation was to inform the residents how he believes building homes would generate more taxes for the village and increase property values. Forchelli also entertained questions from residents on the letter he sent to residents last week.
The attorney also expressed a strong desire to set up a meeting to formally propose his idea to the village board. A meeting has yet to be granted by the board.
The concerns of the Preservation League go beyond saving the sanctity of the shoreline. One of its main concerns is the possibility of a major evacuation spurred by a nearing hurricane. The league's initial letter to the community urged residents to attend a hurricane preparedness meeting conducted by the village on Aug. 14.
The league maintains that additional homes would create more congestion along the barrier island, which is crowded with residents and visitors during the summer months.
"Please don't think of this as just a Village of Atlantic Beach problem," said Ruth Radow, a Preservation League co-president. "It's a whole Southwest Nassau problem."

Comments about this story? MCaputo@liherald.com or (516) 569-4000 ext. 201.
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Letters
The full text from the original letter written by the Atlantic Beach Preservation League to the community, dated July 30:
Dear Friends and Neighbors,
As you've no doubt already heard, last month FEMA released its reconfigured flood zone maps. We've always known how vulnerable our barrier island community is to the threat of hurricanes; although FEMA's new designations - placing virtually every structure in our Village and Atlantic Beach Estates within the floodplain - certainly underscore that vulnerability. The cover article in last week's Nassau Herald quotes our Mayor as saying "This barrier island is the most endangered in Nassau County."
Additionally, according to James Callahan, Nassau County Office of Emergency Management Commissior, there is added concern this year due to the higher temperature of the ocean in our area. A hurricane needs warm water to build and move... and this year our water temperature is about 5 degrees higher now than it was at this same time last year.
It is for this reason that we have requested that the Village hold a hurricane forum (much as the Nassau County OEM offers in Long Beach every year). We understand that a part of this month's open Village meeting (Monday, August 11 at 7:45PM) will be devoted to this - offering more vital and specific information than the standard _ page in our bi or tri-annual Village newsletter."
We all know, when threatened with a severe storm, we may need to evacuate. We already know what supplies we should have on hand - but do we know....
Where we should go when we evacuate
What provisions there are for those who are home-bound, elderly, unable to drive at night or at all, or without their own vehicle
What provisions there are should we need to evacuate while our children are at school or day camp
Where we can take our pets (most evacuation shelters do not permit animals)
What to do about our gas, electric, etc.
Just how dangerous and damaging the storm could be should we choose stay and ride it out
And should we opt to stay, and later change our mind, that there may no longer be an escape route available, and no emergency personnel to assist us.
Those of us who remember the devastation to our beachfront caused by Hurricane Donna in 1960, the evacuation of Atlantic Beach under the threat of Hurricane Gloria in 1985, or have read about the mass destruction and loss of life in Atlantic Beach and Long Beach caused by the hurricane of 1938, recognize the threat we are under. It can happen again and we must be prepared. This is information that is vital to our very survival. To learn more and to see footage of actual storms, and the damage they can do, join us at our Village Hall at 7:45 on Monday, August 11.
Another threat we are facing is that of development along our beachfront, which is being eyed (again!!!) by developers. The beach clubs have been hosting a series of small invitation-only meetings ("divide and conquer" mode?) in an attempt to convince our residents that their development plan would be better for Atlantic Beach than the beach clubs we presently have. But their presentations at these meetings are filled with misinformation and illusion.
THE FACTS (vs. the Beach Clubs' sales pitch)
The beach clubs say that our Marine Recreational Zoning can be amended to allow for the building of single-family homes.
FACT - No residential facilities are permitted within a Marine Rec Zone. It's either Marine Rec or something else, and if it's anything else, that opens the floodgate for all forms of residential development - apartments, cluster, low-rise, high-rise. It's only a matter of time, and variances. (After all, building along the oceanfront in Long Beach was originally limited to a height of two stories - look what they've got now! And picture what would happen to Atlantic Beach over time!)
The beach clubs say that they will only build 50 single-family houses.
FACT - Will the beach clubs really do the building? If they succeed in their attempts to get our zoning changed, they could sell their properties to developers and builders, take the money, and run! And what about the properties owned by the beach clubs that are not along the oceanfront, i.e. all the property between Pacific and Ocean Boulevard that the clubs now use for parking? How do they propose to develop that... for condos?
The beach clubs say that with new expensive homes along our beachfront our taxes will go down.
FACT - Not only will rebuilding, extending and reinforcing our infrastructure cause major disruption for years, but the cost of those improvements will result in an increase in our taxes, as will the costs of added security, fire and rescue, cleanup and maintenance, snow removal, garbage sanitation and waste removal. (Right now the beach clubs pay their own costs for many of these services.) They cite figures that compare the taxes paid by the beach clubs now, vs the projected taxes that 50 multi-million dollar homes would generate. But development would stretch over many years, and during the interim period between the closing of a beach club and the completion of new homes, that property would be taxed as "unimproved" - a much lower tax basis, therefore generating even less in taxes than the beach clubs are currently paying. Who would pay the short-fall? The residents of AB would. All of that means that our taxes would go up, not down! (Long Beach taxes have gone sky-high in spite of all their expensive residential development!)
The beach clubs say that they will allow us to keep our boardwalk.
FACT - When the boardwalk was first built and for many years thereafter, it extended east as far as Vernon Avenue. But look at it now... the developers of Pebble Cove prevailed, and instead of the boardwalk being repaired after the ABH Fire, it was torn down and now ends at Putnam. Might not future owners of the proposed multi-million dollar homes along the beachfront also prevail when they object that their privacy would be infringed upon by the existence of the boardwalk?
The beach clubs say that they applied to the Village in November and have not yet had a response.
FACT - According to Mayor Mahler's letter to AB residents, dated December 6, 2007 "We have noted the application, for the record, at our last meeting and had the village attorney notify the group of our unanimous disinterest in the proposition and refusal to grant their request." However, the danger still exists that were enough residents swayed by the false pictures that the beach clubs are painting, our Board could easily rethink its position. That's what the beach clubs are hoping for.... and aiming to accomplish through their current series of small meetings.
The beach clubs say oceanfront development is inevitable.
FACT - Development is not inevitable. As long as we retain our Marine Recreational Zoning, there can NEVER be residential development of any kind along our shoreline.
When our Marine Recreation District was created in 1987, its primary purpose was to guard against overdevelopment. Any residential development along our oceanfront would result in added congestion that could put our very lives in jeopardy were we forced to evacuate our barrier island under threat of a hurricane or some other disaster.
Have you ever observed the back-up at the AB Bridge when black clouds suddenly threaten a sunny summer Sunday afternoon at the beach and there is a mass exodus from the clubs? Or worse, what about the 2-3 hour traffic jam after the yearly 4th of July fireworks display mounted by the Lawrence Club and Sands! Now picture the back-up caused by cars from every home in the Village, plus those of AB Estates, East Atlantic Beach and a large portion of Long Beach. Many question whether we'd even be able to access Park Street let alone the ramps to the bridge.
We must retain our sacred and absolute Marine Recreational Zoning! Any change to its current status will open the floodgate to more change - and over time, (regardless of what the beach club association is trying to tell us), we'll end up with a hodge-podge of multiple family dwellings, high and low rise building, and maybe a few single-family homes along the ocean.

We obviously can't undo what has already happened in Long Beach, but we sure can fight what is being proposed now in our own community. If you feel as we do, make your voices heard. Share your feelings with us, with your neighbors, and most importantly with your Village Board. Together we can make a difference - avoid the changes that some say are inevitable - and retain the unique flavor of our cherished community by making sure that our hard-fought-for Marine Recreational Zoning is never changed!
Sincerely,
Co-Chairs: Susan Lager Jaffe, Seymour Radow, Ruth Radow
Advisory Board: Virginia Reilly, Fran Rosenberg, Patty Nyman, Barbara Vandoros
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The response letter from the Atlantic Beach Club Association to the community, dated Aug. 14:
Dear Friends and Neighbors:
Earlier this month, the Atlantic Beach Preservation league ("Preservation League") sent out a letter regarding our proposal to improve the oceanfront with single-family homes. The letter lists what the Preservation League describes as "the facts versus the beach clubs sales pitch." We would like to take this opportunity to dispel the myths surrounding our proposed development and to present to you the facts as they truly are. Below are the claims set forth im the Preservation League's letter and our responses to same.
Preservation League Claim: If residential facilities are permitted within a Marine Recreational Zone, this will open the floodgates to all forms of residential development.
Fact: The beach club owners are asking for an amendment to the Village Code ("Code") to allow single-family residences within the Marine Recreational District in accordance with the zoning on the northerly side of Ocean Boulevard. The request for single-family homes is specific and if the village grants our request, no other forms of residential development, i.e. apartments, hi-rises, multi-family dwellings, etc., would be permitted. In addition, the beach club owners have agreed to place restrictive covenants on the property stating that only single-family residences are permitted. This will further ensure that only single-family homes could be built and provides greater protection than the Village Zoning Code.
Preservation League Claim: The beach club owners will sell their property to developers who may choose to develop condos, high rises, etc.
Fact: Whether it is the beach club owners that are doing the building or someone else the result is the same -- only single-family dwellings can be built. The code will specifically provide that only single-family houses are permitted and the restrictive covenants will state the same. If the property is sold to a developer, the developer will have to build in accordance with the Code and with the restrictive covenants. As for the property that is not along the oceanfront and used by the beach clubs for parking, it is currently zoned for single-family residences and no change to that zoning is being requested.
Preservation League claim: The cost of developing the oceanfront for improvements will result in an increase in resident's taxes and the interim period between the closing of beach clubs and the development of single-family homes would allow for the property to be taxes as "unimproved" which will generate lower taxes than the beach clubs are currently paying.
Fact: When property is developed, the cost of improvements, such as sewer hookups, installation of curbs and repavement of roads, are paid for by the builder and not by the village or its residents. furthermore, if the Code were amended and the beach clubs were demolished in anticipation of single-family residence development, the property would be considered property "held for development" which is taxed at a much higher amount than the beach clubs are now paying. The beach clubs are taxes based on the income they generate which results in a much lesser value than a single family lot held for development. More importantly, once the property is developed with single-family residences, the taxes generated by this property will more than triple.
Preservation League Claim: The preservation of the boardwalk is threatened by the proposed development.
Fact: The boardwalk is dedicated for public use and our proposed development will have no effect whatsoever on the boardwalk. In fact, our petition to the village board specifically states that any development of single-family dwellings "shall not disturb the existing rights to use the existing boardwalk." This language is part of the proposed code amendment as a condition to development and restrictive covenants would be placed on the property which would provide for the same. Therefore, any prospective purchaser would be on record notice that the boardwalk could not be touched and would purchase the property subject to that restriction.
Preservation League Claim: The beach club owners have represented that they applied to the Village but have not yet had a response.
Fact: This statement was never made. What we did say is that we were not given a public hearing. However, we believe that our proposal to allow single-family residences would be a benefit to the Village and we would like an opportunity to present our application at a public hearing open to all residents. the purpose of our small information meetings is not to "divide and conquer" as suggested by the Preservation League in its letter. We believe that small meetings provide a forum where residents can ask questions and express their concerns so that there can be an open dialogue where all feel comfortable to express their views.
Preservation League Claim
The beach club owners have stated that oceanfront development is inevitable.
Fact : That statement was never made. However, we did point out at our meetings that if current trends continue, the beach clubs will eventually not be economically viable. At that point, there would be the risk of potential lawsuits where the result is unknown. What we suggested at our meetings is that the residents of Atlantic beach have a choice: They can take the "wait and see" approach where they may have a say later on as to how their beachfront is developed or they can prepare now for the future by working with the beach clubs on a plan for restricted low-density development in the event that the beach clubs cease to exist.
Preservation League Claim: The primary purpose of the Marine Recreational District is to guard against over-development and any residential development along the beachfront would threaten this.
Fact: our proposal for single-family residences is consistent with that purpose and would actually safeguard against over-development. Single-family homes would be a low density use of the property and would be in keeping with the single-family character of the village. The suggestion by the Preservation league that any residential development along the oceanfront would result in added congestion that could put other residents' lives in danger should there be a natural disaster has no basis in fact. If an evacuation were necessary, the congestion caused by members of the beach clubs would be much greater than that of residents from 50 single-family homes. The Preservation league's letter also expresses concerns over the traffic jams that currently occur during the summer months. Again, 50 single-family residences generate significantly less traffic than beach clubs with thousands of non-resident members.
We understand that one of the biggest concerns of residents is that any change to the code is going to open the floodgates to more change or over development. However, the Marine Recreation District was created over 20 years ago, at a time when the beach clubs were viable, thriving operations. Over time, communities change, the economy changes and, often as a result, zoning has to change. The profitability of the beach clubs is declining. That is a fact. If there comes a time when the beach clubs can no longer survive, something will have to give. Our goal is to work with the residents of Atlantic Beach to put in place an appropriate, desirable option for developing the beachfront in the event that the beach clubs can no longer operate.
We will continue to hold informational meetings to present to the residents what we believe to be a thoughtful and favorable proposal for the Village. We hope that residents will continue to attend, listen, and provide their input so that we can achieve a result that is beneficial for the entire community.
Remember if the beachfront is developed with 50 single-family homes, owned by 50 separate homeowners, the possibility of multiple family dwellings or apartment buildings is gone.
Sincerely,
Atlantic Beach Club Owners Association