By:Chris Munzing
The service station, located on West Beech Street between Virginia Avenue and Vermont Street, had applied to expand the building in the Spring of 2001, but those plans were denied by the Zoning Board of Appeals. The plans were again presented to the city in January of 2002 after it was determined that the original decision was improper, and a variance was granted for the expansion.
Neighbors of the garage, including new Nassau County Legislator Denise Ford, spoke up about the planned expansion and filed a lawsuit against owner John Marsala and his 3 Karat Realty and the Zoning Board of Appeals. The proposed construction included a second floor of offices for an Internet mail order business.
The plaintiffs filed an Article 78 appeal, which allows the public to question a zoning board decision to Nassau County officials. County courts sided with the plaintiffs and questioned the interpretation of the building's classification by the Building Department.
The plaintiffs said that the owners of the garage needed a use variance because the building was zoned as a "non-conforming public garage." Then-Building Commissioner Steve Polcer, however, submitted an affidavit to the Zoning Board saying that the service station was not a public garage because it does not allow for the open storage of vehicles by the general public.
County courts denied the motion and sent the matter back to the Zoning Board. The Zoning Board and 3 Karat appealed that decision, which was reversed by the Appellate Division.
"I'm disappointed. I think a lot of people are," Ford said. "It's sad because we've been fighting this for over three years, and I don't think the court took into account just how many people are against this."
A petition listing more than 400 names was presented to the courts to illustrate the number of neighbors with complaints about the proposed construction.
Ford said that she is worried about the added congestion the expanded garage will bring, as well as the reduction in visibility for motorists if the garage expands toward the sidewalk.
Ford vowed to use whatever legal means are at her disposal to continue to fight the expansion in the courts.
The appellate court said that the building commissioner is responsible for enforcing the zoning ordinances, and that his interpretations should be weighed heavily, and in this case, accepted.
Marsala's attorney, Daniel S. Komansky, said that Marsala would have to submit building plans to the city before construction could start, but did not expect any problems. "We expect those approvals to be routine," Komansky said. He could not give a timetable on when construction would begin.
