Will $100K buy peace in W'dmere Pk? Offending developer tries to cure zoning violations with checkbook

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      Pourgol publicly made the offer to the Woodmere Park Association on Thursday, Nov. 6, following the continuation of a public hearing before the Nassau County Planning Commission. For more than two years, Pourgol has been trying to win town and county approval to build the homes at Clubhouse Road and Fairway Drive in Woodmere Park, a community of about 150 families.
      Pourgol said that if the group allowed the homes to be built as planned, he would donate the money to the organization and allow it to be used in any way, including as reimbursement for legal fees the group has accrued while fighting the project or for neighborhood beautification work such as tree plantings or new lighting.
      ÒThe money is not being offered to the people or individuals of this community, but to the [Woodmere Park Association], so it is not a bribe,Ó said Pourgol as he stood beside his attorney, Brendan P. Twomey, outside the planning commission building on West Street in Mineola. ÒI would like to make the offer to the community of $100,000 to have their support and have the houses stay as it is.Ó
      Twomey said it is a standing offer to the community if the developer is not forced to remove anything from the project.
      Pourgol came under fire from neighbors after he tore down one building and built two in its place before seeking a subdivision permit from the county. He was also accused of violating the requirements of the areaÕs flood hazard zone by installing basements. The buildings also exceeded side yard and lot area coverage. The variances were denied by the town, which prompted the developer to file an Article 78 action with Nassau County Supreme Court, hoping to overturn the decision.
      The five-bedroom homes, which are more than 80 percent complete, remain in limbo while town and county officials wait for Pourgol to bring them into compliance with the law. Pourgol said he has modified the buildings, including filling in the basements, and maintains that he is only inches shy of fully complying with zoning laws.
      He added that the buildings were under contract with a buyer, who has backed out of the deal because it has taken so long. Meanwhile, he has been paying school property taxes on both homes, costing him a substantial amount of money.
      Paul Glasgow, Woodmere Park Association co-president, who has been leading the opposition, called PourgolÕs offer of $100,000 Òoutlandish.Ó He said he will relay the developerÕs offer to the community, but if it were up to him, he would reject it outright. ÒI would reject it out of hand,Ó Glasgow said. ÒIt is immoral and a violation of the very things we stand for.
      ÒHeÕs asking me to influence my community to tell elected officials we are really in support of this, which is wrong,Ó Glasgow added. Ò[Pourgol] wants us to tell town officials we did not mean what we said and let him do what he wants.Ó
      Glasgow, who maintains that Pourgol still needs to do much to bring the homes into compliance, said that accepting the $100,000 would set a terrible precedent. He said that Pourgol would have to remove a portion of the Clubhouse Road building to bring the building into compliance with lot coverage of 30 percent. In addition, the developer angered the community by removing about 15 trees from the neighborhood to erect his homes.
      Glasgow said that Pourgol made the offer to a group of residents immediately after the hearing last week.
      During last weekÕs continuation of the public hearing, the planning commission said it needs more time to consider new material that was submitted on the case and adjourned until Thursday, Dec. 18. During the hearing, members of the planning commission questioned how Pourgol could have built without first filing a subdivision permit.
      Twomey said it is not uncommon for developers to apply for a subdivision permit after construction begins. He did admit that mistakes have been made in the Woodmere Park plans, however. ÒIÕve seen at least 10 cases where a building permit has been issued prior to [getting permission] to subdivide,Ó Twomey said. Pourgol went before the planning commission to request a waiver of subdivision filing requirements.
      The Woodmere Park Association said it would not object to a conditional waiver of the filing requirements if Pourgol conforms to the agreements he previously made to comply with building codes, and replaces the lost trees.