By Jason Scheer
At the July 28 BZA meeting, the board voted unanimously to waive off-street parking requirements and approved a use variance for the building, at 250 Hempstead Ave. The variance was necessary because an animal hospital is not provided for under village law.
Jeffrey Stadler, the attorney representing Guzman, argued that the use variance should be granted because of the antiquated village requirements. Under the provisions of the law, which went into effect in 1932, no veterinary facility would ever be able to open in Malverne. "Our position is, yes, there is no definition of veterinary hospital in your ordinance. We're aware of that," Stadler said. "But [that is] because this concept of veterinary office/hospital was not contemplated at the time."
Members of the BZA agreed, noting that the law provides for a farm but not an animal hospital. "If one were to be a veterinarian in Malverne, where could they practice under the current code?" BZA Chairman William Voelker asked Robert Solarino, head of the Malverne Building Department.
"There are no provisions under the current code," Solarino answered.
With BZA members seemingly in agreement over the use variance, attention turned to parking and traffic. Village code requires 25 spaces, and only one is provided for in the architect's plans for the building. However, Guzman said he would seek village parking permits for employees and would work with the village to find other underused parking areas for clients. "The last thing I want is for there to be a traffic jam in front of the hospital," he said.
A concern of the BZA was the hospital's hours on Sunday, when the village is congested by church traffic and people patronizing the local bakery. The BZA asked Guzman if he would be willing to adjust his office schedule to alleviate the congestion. Guzman had previously said that on Sundays, the hospital would open around noon. However, he was reluctant to commit to any time.
"I think the way it's going now, that's probably not going to be an issue," he said. "But I don't want to do a double-take four or five weeks down the road and say we should open up an extra hour."
Malverne Trustee Joseph Hennessy voiced concerns with the project. He said that the parking situation is already poor on Hempstead Avenue, and that the addition of an animal hospital would only add to the problem. "People can't get out of their driveways," he said.
Hennessy added, "With all fairness to the doctors, it's not just Sundays that are the problem."
The BZA eventually agreed to pass the variances, with the stipulation that Guzman and his representatives meet with village officials in an effort to reduce traffic and find parking.
Guzman, an Oceanside resident, had said that the two-story building would be used as a fully functional animal hospital, complete with medical facilities, grooming areas and boarding rooms that could hold up to 40 animals. Guzman said the entire project would cost about $2 million. "There's not going to be anything like this anywhere in the area," he said.
The facility, if ultimately approved, would be completely self-contained, Guzman said, and all animals would be kept inside at all times. The building would be fitted with smell and sound insulating material so that its odors and sounds would not affect the area outside.
The issue will be heard again at the next BZA meeting on Thursday, Aug. 25.
Comments about this story? JScheer@liherald.com or (516) 569-4000 ext. 234.
