Contamination Puts Purchase of Shorefront Property On Hold

By Alice M. Peckelis
(appeared in the 8-24-01, Vol 11, No. 8 edition)

Contamination found on the Belanich property on Shore Road which the Village of Port Washington North is under contract to purchase as part of its newly created waterfront district has put the deal on hold it was revealed at the Board of Trustees meeting on August 13th.

The Board had contracted with Mr. & Mrs. Belanich to purchase the property which had been leased to Fearon Marine for $540,000 and floated a bond issue to purchase it. The Board also delayed the closing hoping to receive grants they had applied for but was forced to pay Belanich an additional $15,000 every three months as a penalty for the privilege. Ultimately, they were not awarded the hoped-for grants and the bond issue was increased to $640,000 to insure additional funds are available to pay the increase in price.

The Board is seeking to purchase the parcel to expand its waterfront district. Lewis Oil Company has donated its waterfront property to the Village, also on Shore Road, in exchange for rezoning its property to permit the erection of a shopping center. But even that deal may be in jeopardy since the adjacent Delco Shopping Center has filed suit to void the rezoning.

And now contamination has been found on the Belanich site. Village Attorney Chris Prior admitted the site is designated as a Phase II site although no mention was made as to the source, type, or severity of the contamination or the measures required to remediate it.

According to the contract of sale, it is the seller's responsibility to pay for the remediation.

Mayor Pellegrino said Belanich was in the process of obtaining quotes to remediate the site. He said they had received one quote which they felt was too high and are seeking others. Pellegrino added that if the site is not cleaned up, the Village can withdraw from the contract.

The discussion ultimately led to a question by resident Hank Ratner as to what all of these proposed projects for the waterfront are going to cost the Village. "Shouldn't there be pie chart showing the long range financial impact on all these projects?

Resident Steve Kaplan concurred. "It is time to figure out how to pay for all of this."

Trustee Ross Altman defended the actions of the Board by stating that other grant applications are pending although there is no guarantee of an award. "It doesn't have to be a direct burden on taxpayers," he said.

Kaplan also asked if the Village could get its penalty money back since it is Belanich who now can't close the deal.

Prior said it would depend on what is in the contract.

In other business, the Board again adjourned, as it has for the last several months, a public hearing for a special use permit for a drop off facility at Blockbuster Video in the Soundview Marketplace.

According to Mayor Pellegrino, the Board is still negotiating with Blockbuster over a new location for its drop box which currently is located to the left of its entrance. The problem with that location is that people getting out of their cars to drop off the videos park in a narrow fire lane and block traffic trying to enter and exit onto Soundview Drive.

Resident Steve Kaplan vociferously objected to the newly adjourned date of September 10th, noting that Blockbuster is in violation of the Village ordinance. "This has been dragging on for three months," he said referring to the repeated adjournments of the public hearing. "They have been in violation of the law for over a year. The banks (Chase and HSBC) complied. Somebody's going to get killed."

Mayor Pellegrino said that a new parking plan for the shopping center, which must be approved by the Board of Zoning & Appeals (BZA), relocates the drop box on Shore Road. However, he said Blockbuster wants it closer.

Kaplan noted that the law prohibiting drop off facilities without a special use permit was adopted over a year ago. "Blockbuster is repeatedly a no show (at the public hearings). They are in violation of the law."

Mayor Pellegrino advised that Blockbuster feels the suggested location will only lead to vandalism.

Ratner suggested as he has before that a member of the BZA and the Planning Board attend Board of Trustee meetings and vice versa so that each Board knows what is going on with the others. "You shouldn't conduct business in a void," he said.

The Board also repealed the architectural review ordinance it had adopted in May and established in its place a Landmarks Preservation Commission. Dr. George Williams, who had been appointed the chairman of the committee and was subsequently appointed chair of the Landmarks Preservation Commission, said the architectural review law would have required renovations, for, just about every house in the Village to come under its scrutiny which was not the intent. He wants only homes of historic significance to be reviewed.

Mayor Pellegrino added that "it would have been chaotic if the Village were to review every house.

Dr. Williams asked the Board members to submit to him the names of anyone who would like to serve on the Landmarks Preservation Commission.

The Board awarded its Shoreline Improvements Grants Program to Cameron Engineering to write two grant applications for $5,900. Cameron had been a consultant for Lewis Oil during the rezoning application.

Trustee Altman said there is no conflict of interest since Cameron has completed its work for Lewis Oil.

Kaplan also wanted to know the status of the lawsuit Delco Shopping Center has against the Village and Lewis Oil to anull the rezoning. Originally, Delco and Lewis Oil were going to operate a joint shopping center but the agreement was voided when Grand Union Supermarket went bankrupt. Under the agreement Grand Union was to relocate to the Lewis Oil Property.

Mayor Pellegrino said there had been no movement in the lawsuit. He added that Jerry Karniac, principal of Delco, said a settlement was near.

Kaplan wanted to know how Delco could be bound by the site plan and the covenants and restrictions recorded against the Lewis Oil property when they are not even signatories on the documents. "The whole deal falls apart without Delco."

Trustee Altman said Lewis Oil must adhere to the approved site plan. Only the Board of Trustees can amend it.

Also during the public discussion, Ratner wanted to know what the status of the rezoning application by Sandy Hollow Associates for golden age zoning on the 41-acre parcel owned by Dallas Realty was.

Mayor Pellegrino said they have not completed their environmental impact statement and no applications have been put on the agenda.

Ratner said he attended a marketing presentation by Sandy Hollow Associates, the contract vendee, which plans to develop the property, at the senior citizens center earlier in, the month. He said they are planning to build 327 units. At the meeting Sandy Hollow Associates said they expected to begin construction in the Fall.

Mayor Pellegrino said they are just testing the waters and are trying to generate interest in the project.

Sandy Hollow Associates is hoping to get a new zoning category approved to permit the construction of clustered residences for persons over the age of 55. The property is currently zoned Economic Development A, a light industrial zone which doe not permit residential construction.