Vincent Muscarella Sides With Developers

Who Needs Trees, When You Can Have McMansions?

From Merrick Life, www.merricklife.com/stories/081607blwashdevelopment.html

Hempstead Town BZA hears Washington Avenue development argument
by Loraine A. Milazzo

On August 9, as members of the Town of Hempstead Board of Zoning Appeals heard an application for a variance on property at 400 Washington Avenue in Bellmore, a large contingent of Bellmore residents were there in force to oppose the application.

The controversy surrounds a house on Washington Avenue that has a 100-foot frontage along that street and measures approximately 125 feet in depth. The builder, Avillano Development, is in contract to purchase the property for $550,000, raze the house and erect two homes. The property would be subdivided into two lots measuring 50 feet across and about 125 feet in depth. Generally, building lots in the Town of Hempstead require 6,000-square- feet and at least 55 feet of frontage. Though each lot, if subdivided, would still maintain over 6,000-square-feet, the frontage would require a variance of five feet for each.

It doesn't seem like much, but to residents of the surrounding streets it means a great deal, indeed. The property in question is across the street from the St. Elizabeth Ann Seton Regional School with an enrollment of 294 students, requiring 21 buses each day for both arrivals and departures. According to Jeffrey Toback (county legislator for 7th LD), attorney for the opposition - which calls itself The Bellmore Preservation Group, a letter from the principal of the school noted that the student population will increase by 50 to 65 more students in September. Residents complained that parking and traffic were major problems at present. The additional cars presented by another family would further exasperate the problem.

Plan laid out

Vincent T. Muscarella (county legislator for 8th LD), attorney for the developer, brought along real estate expert Barry Nelson to address questions about the subdivision. Mr. Nelson said that school buses, unless parked on a street, do nothing to negatively affect a neighborhood.

Mr. Nelson said that he had investigated the character of the surrounding community and determined that the character of the homes on Washington Avenue was different from the homes on St. Marks Avenue, which lies to the west and abuts the property. According to Mr Nelson, homes on St. Marks can be valued between $500,000 to $1 million, while the values of homes on Washington fall between $350,000 to $600,00.

Strong community ties

However, residents of both streets reacted vehemently against the distinction, saying that it was all one community. Matthew Walden, president of the Bellmore Preservation Group, declared, "We're all here because it is a community." Many of the residents protesting the subdivision had homes on St. Marks, on Centre Avenue and on surrounding streets, attesting to the strong community ties.

Many residents agreed that the subdivision would compromise the character of the neighborhood. Edward Lupardo, an 11-year homeowner on St. Marks Avenue, said that he moved to the neighborhood because of the size of the parcels of land, the tree canopy over the street and the general look of the neighborhood.

The proposal by Avillano Development would change many things, residents said. One objection was the tearing down of many of the 27 trees on the property. The application calls for a detached garage at the rear of each property requiring the removal of many trees.

County Legislator Dave Denenberg, who once worked for the Environmental Commission of New York City, spoke on behalf of the preservation group by stressing the importance of trees. "Environmental conditions are enhanced by trees," said Mr. Denenberg. Trees provide improvement to air quality, and the nutrients they contribute to soil are beneficial to water quality., he added. Mr. Nelson agreed that landscaping adds to the value of homes; however, he said that the property in question was vastly overgrown and that many of the trees could require removal owing to disease.

The objections of neighbors included the tree removal, the increased traffic and the removal of trees, but Mr. Lupardo stressed another important factor: precedent. Mr. Lupardo indicated that there were six parcels with a frontage of 100 feet in the immediate area. He feared that if the subdivision of 400 Washington were permitted it would clear the way for the six parcels to become 12 and then extrapolate beyond the area. "We don't want to set this precedent," said Mr. Lupardo.

Closing arguments

In summation, Mr. Toback asked that the application for the subdivision be denied based upon the congestion problems, the effect the subdivision would have on the character of the neighborhood and concerns about the precedent being set. It is "a unique and beautiful part of central Bellmore," said the attorney.

Mr. Muscarella told board members that the request for a variance of five feet on each parcel was "not a substantial variance." Once again, he noted that homes on St. Marks were clearly different from homes on Washington. In regard to the trees, Mr. Muscarella said that a number of the trees are recommended for removal. The attorney stressed that Avillano Development was willing to make compromises to suit residents, such as creating an interior garage instead of a detached garage, thereby eliminating the need for longer driveways.

Zoning Board of Appeals member Robert W. O'Brien then said that members of the board would visit the site and surrounding area as a part of their decision-making process. A decision is expected within the next 60 days. Mr. O'Brien told those in attendance that if either side is unhappy, the decision could be appealed in court.
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Care about the trees, the environment, and the preservation of suburbia? Michael Uhl is on your side.

As for Vincent Muscarella, well, you know whose side he's on!

On Tuesday, November 6th, save a tree, preseve community. Elect Michael Uhl to the County Legislature.