Wednesday, December 29, 2010

Update on Centre Island Property

On December 27, the Centre Island Zoning Board of Appeals denied the applicants request for several variances that would have allowed for the building of a house on an environmentally sensitive Centre Island Beach.

According to state law, three members of the five-member board have to vote in favor of the variances in order to approve them.  Because one recused himself and another has moved from Centre Island, only three members voted.  Two voted in favor of the variances.  One brave member voted against them to prevent this potentially harmful development. 

The ZBA member that acted to protect the beach said there were several factors in her decision.  She noted that the entire parcel of land is below the 12-foot elevation required by the Village of Centre Island’s building code.  She also pointed out that the proposed septic system would be built on a beach situated between Oyster Bay and a tidal wetland that is regularly flooded. 

This same ZBA member, who has lived on Centre Island for 33 years and served on the board for many years, also pointed to what appear to be inconsistencies between the plot plans that the applicant presented to New York’s Department of Conservation in his application for a wetland permit and those he sent to the Village. 

The Village Attorney noted that the applicants lot did not meet the legal requirements for Centre Island lots when it was created in the 1950s.  The Village Attorney also said he could not find any evidence that a variance was granted at that time.

It is not clear what will happen next.  The applicant has engaged a law firm that prides itself on its ability to use the court system to overcome local opposition to developing controversial projects. During the hearings that came before this week’s decision, the applicant's lawyer made it clear that they were prepared to litigate if the Village did not provide the requested variances.
 
This is good news for the moment.  We will keep you apprised of changes if they occur.
 
Thank you for your support. 

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