Port North Approves Rezoning Lewis Oil Property on Shore Road

By Alice M. Peckelis
(appeared in the 1-12-01, Vol 10, No. 18 edition)

As anticipated the Village of Port Washington North's Board of Trustees approved the rezoning of the Lewis Oil property at its January 8th meeting paving the way for its owners to join forces with the adjacent Delco Shopping Center to create one unified shopping center along Shore Road.

The approval came after several public hearings and despite the fact that members of the Port North Civic Association had circulated a petition seeking a positive declaration under the State Environmental Quality Review Act (SEQRA) which would have required a more stringent review of environmental conditions. The property is currently improved with, arnong other things, some 15 oil storage tanks that have been on the site for decades and will be removed to make way for the new shopping center.

A dispute erupted between one of the people who circulated the petition, Hank Ratner, and Mayor Thomas Pellegrino when Ratner asked whether any consideration was going to be given to the petition whose sponsors gathered some '347 signatures. Pellegrino said he had heard "horror stories" from people who were asked to sign the position, implying that they were strong?armed into signing. Pellegrino also made an untoward remark to Ratner that "you should know what Your neighbors say about you." A visibly upset Ratner subsequently walked Out of the meeting after an angry verbal exchange.

As a condition precedent to the vote to rezone the property, the Board agreed to covenants and restrictions on the property, which were not discussed, which locks in the site plan for three years, summarily preventing the Board from making any changes. They will now be filed in the Nassau County Clerk's Office as an encumbrance on the property.

Resident Steve Kaplan wanted to know why the site plan was never reviewed by the Village's planning Board to which Mayor Pellegrino responded, "It's not required."

Trustee Bert Goodstadt, who voted against approving the covenants and restrictions, said he had concerns over the placement of the entrance at what is now known as George Street. He said fie could not ascertain whether tractor trailers making deliveries to the shopping center would be able to make the turn to exit without swinging into another lane of traffic. He felt it would be an abdication of the Board's responsibility if there is a concern over traffic safety.

Mayor Pellegrino said that putting the entrance at George Street would help "take away from the traffic at Main St." He added, "The George Street turning radius works."

Trustee Altman concurred. "I honestly believe the plan is better with that entrance. It's a right turn in; a right turn out."

The Board also held a public hearing to consider the adoption of an amendment to its fence ordinance to permit the erection of polyvinylchloride fences (PVC). Village Clerk Palma Torrisi advised that the proposed ordinance change came about as a result of a request from a homeowner who wanted to install it. Improvements in the manufacturing process have made PVC fences to look like ..attractive replicas of wood fences which is what the code currently requires.

Building inspector Matthew Kom advised the Board that PVC fences "look like cedar fences. It doesn't rot or warp." He added that "it's a nice?looking fence if installed correctly. "We think this is an option the public should have."

Resident Steve Kaplan asked, "What's to stop someone from putting up an ugly PVC fence?"

Trustee Gary Levi agreed. "I stand in opposition to this," he said. "It opens LIP too much to interpretation. We need to see samples."

Trustee Ross Altman also expressed concern. "We should be a little more specific in terms of something that would be interpreted as a traditional fence."

It was ultimately decided to adjourn the public hearing until the next meeting in February to make revisions.

The Board also voted to uphold the action of the records access officer who denied in part a freedom of information request by Steve Kaplan. Kaplan had been requesting the financial plan outlining the costs involved to develop and maintain the property along the waterfront it is going to obtain from Lewis Oil and the purchase of the Belanich property on Shore Road, formerly occupied by Fearon Marine, for $550,000. Kaplan was advised that they could not provide the information because the Board had not yet developed a financial plan for the project.

The Board also announced that grievance day will be held on February 20th during which time taxpayers may protest their assessed valuation.

In response to ongoing criticism by Kaplan that the parking spaces within the Soundview Marketplace are too small and do not comply with the Village code, Village Attorney Chris Prior advised that upon review it appeared that the Board of Zoning & Appeals "overrode" the code when a variance was granted to the shopping center several years ago allowing tile current parking configuration.

Trustee Altman suggested that when issues comes up again involving the Soundview Marketplace, that the Board "revisit the parking lot design.