August
15, 2001 (Posted
Aug. 25th)
ZBA Plays To Full House •
Web TV & KFC Take Center Stage • Residents Strain To Hear
By Stewart
Lilker
Right
from the start of the August 15, 2001 Zoning Board of Appeals [ZBA]
hearing, residents and members of the audience were complaining
that they couldn’t hear what was being said. While some
residents yelled out, most just shook their heads and whispered
among themselves in disbelief of the poor acoustics. Some left
early in disgust.
The first major case before the
ZBA was case number 59-2000, Castle Trucking, who had made an
application for what amounted to a variance for ten parking
spaces.
The attorney for Castle
Trucking, Arthur J. Nastre, explained to the ZBA that the
company’s name was not indicative of what the company did. He
explained to the ZBA that Castle Trucking was really a holding
company that was involved in stock trading and web TV.
Tony Cafutti, the principle of
Castle Trucking, explained to the ZBA that he was building a TV
studio for web TV and that web TV is "part of the
future." Responding to the ZBA he explained that
"everybody is our target audience." He further
explained that he would be producing financial content, news,
and entertainment, as well as other things.
ZBA member Jorge Martinez asked
Cafutti why he was installing a hot tub, dishwasher and a
shower. Cafutti explained that it was for the use of the crew
and the actors.
Nastre explained that the use of
a TV studio is a permitted use according to the village building
code. He told the board that the issue before them was a
variance for ten parking spaces. Anticipating the objection of
the village, he also mentioned that the basement of the premises
had been used as an occupied space before and that there was a
fire exit in the basement.
Nastre told the ZBA, "I’m
sure this Board has granted a variance for more than ten spaces
[before]." He told the ZBA, "We have nothing to
hide." He explained that the planned renovation to build
the TV studio would cost a quarter of a million dollars. He also
explained to the ZBA that they would be willing to agree to the
inspection of the premises by the village during all their hours
of operation and he further said he would agree to not have
alcoholic beverages on the premises.
"I Don't Know Much About
Web TV Or Anything Else"
Deputy Village Attorney, Stephen
Malone, testified for the village in opposition to the granting
of a variance for the additional parking spaces, telling the
ZBA, "I don’t know much about web TV or
anything else." Malone told the Board that the applicants
were making an undesirable change in the area because of the
additional office space. Malone objected to the TV studio’s
close proximity to the junior high school and also opposed the
use of the basement for anything except storage.
Nastre rebutted Malone’s
testimony, telling the ZBA that the basement in the building
next door was converted for use as a physical therapy office.
He also told the Board that all
the renovation and construction that was done in the basement
was done "with the full knowledge of the building
department."
William Mello of the Building
Department disputed Nastre’s contention, telling the ZBA,
"The Building Department was not aware of the construction.
The complaint was made by a civilian." Mello did not state
who the civilian was.
Nastre told FNYN that he thought
it was disgraceful that it was so difficult to hear the
testimony.
At the close of the testimony,
the ZBA reserved decision.
Mr. Kalvin Vogt’s case was
next up. Vogt, who was looking to build a new house on a vacant
lot, was seeking a side yard variance for a foot. The only resident who
testified lived on the street of the proposed construction.
After he understood that Vogt was requesting a variance for only
a foot, he told the Board, "I wouldn’t oppose it for a
foot."
The
Main Event • "Is The Mike On"
The case that everybody was
waiting for, Kentucky Fried Chicken - Pizza Hut, was next up on
the calendar. The people in the packed village hall strained to
hear what was going on. During the testimony, the Chairperson of
the ZBA, William Curran, kept asking, "Is the mike
on?"
Howard Avrutine, the attorney
for KFC - Pizza Hut told the ZBA that the restaurant would be
approximately 2800 square feet with a drive through lane. He
told the Board that he was asking for a variance in connection
with the drive through.
Avrutine explained that the
"lions share of the property is zoned business B," and
some was zoned Residence A. Avrutine told the Board that the
nursery previously located on the property received a variance
to use part of the parcel zoned residence A for business use.
Overtone told the Board that he was requesting a special
exemption pursuant to sections 210-12F and 210-13 of the village
code.
Avrutine told the Board that,
"Glacken wrote a letter as Village Attorney supporting the
business use in this residential A district." Avrutine also
said, "The trees on the site will be preserved."
Throughout the testimony Mr.
Curran kept asking "What?"
August Gulotta, the area manager
for KFC - Pizza Hut explained to the ZBA that KFC goes after the
"family business." He also told the ZBA, "We
haven’t had any issues in any communities about odors from
cooking." He continued, "We will have garbage pickup
as often as necessary."
Gulotta explained that the
restaurant would be open from 10:30 a.m. to 10:00 p.m. Monday
through Thursday and on weekends they would be open until
midnight.
As Gulotta was addressing the
ZBA, Avrutine, who was standing by his side, was straining to
hear what he was saying.
Gulotta told the Board that the
average ticket of KFC was $6.80 and that he expected the store
to do about $3,000 a day.
When Board member Martinez asked
Gulotta, "Why this location?" Gulotta explained,
"Its a good location on Sunrise Highway. Forty-six thousand
cars a day pass by."
Gulotta also told the Board that
the total cost of the project was estimated to be $860,000.
No One Spoke In Favor
When Board Chairperson Curran
asked for public comment, no one from the community spoke in
favor of the project.
Resident Rita Barry of Centre
Street led the opposition, telling the ZBA, "A restaurant
does not fit in with the character of our neighborhood. There
has been no survey of expected foot traffic from the high school
[located a block away]. If the foot traffic is horrendous, the
litter will be horrendous." Barry had a petition which she
said was signed by over two hundred residents who were opposed
to the KFC.
Resident Doreen Borchers
articulated her concerns about late night truck deliveries and
told the Board that she strongly objected to the restaurant.
George Gudmundsen of Park Avenue
told the Board that the former use of the property as a nursery
"was a benign use" and that he was concerned about
"increased negative action between the students and the
homeowners. Gudmundsen told the Board that he is a Nassau County
Police Inspector and in his experience, "fast food
restaurants are a magnet for fights and disturbances,"
further telling the Board, "This is about a bunch of people
looking to make money."
Deputy Village Attorney, Stephen
Malone, testified for the village. Malone told the Board that
there is "a major difference" between the property
being used as a nursery and its newly intended use as a
restaurant in a residential neighborhood. Malone also voiced
concerns about the traffic on Sunrise Highway and trucks using
the local streets for deliveries. Malone, speaking for Mayor
Glacken said, "I request that the Board deny the variance
in its entirety."
Area resident, Doris Votke was
clear in her opposition to the Board granting KFC a variance to
build, when she told the Board, "There are bus stops and
children on every corner. I’d have to move."
At 01:20 a.m., the Board
adjourned the hearing and said it would be reconvened in
September.
Board Makes Twelfth Hour Decision
Without warning, at 01:30 a.m.,
in the tradition of Freeport government, a decision was rendered
after everyone went home. The Board read from a handwritten
decision in the Matter of the Application of Vincent Greco.
Neither Chairperson Curran nor ZBA counsel Sue Lyons made an explanation
why the prepared decision wasn’t read earlier in the evening. The ZBA reserved decision almost
two months before, on June 27, 2001.
Vincent Greco, along with all
the resident’s of Bedell Street, save one, were opposed to
installation of gas tanks on residential property and gas docks
at Rick’s Marina. Rick’s Marina, owned by Richard Dillworth,
is located on Bedell Street, a residential street. Most of what
the Chairperson read was unintelligible. Of the ZBA members,
only Robert Cardinale Jr. had the courage to vote against the
Village, who supported Rick’s Marina and opposed Greco’s
application. The three to one vote against Greco allows Rick’s
to install the gas tanks and a gas dock. FNYN, under the Freedom
of Information Law, has requested the handwritten decision as
well as the complete ZBA file. A follow up story will be
appearing as soon as the information is supplied.
As Greco left Village Hall, he
told FNYN that he didn’t know if he was going to appeal the
ZBA’s decision.
As your reporter left the
building at 01:30 a.m., some six and a half hours after the ZBA
convened, there was one case remaining on the calendar. The
court reporter, who was given only one break, was still at her
machine, shaking her numb fingers and still struggling to hear
what was being said. FNYN was told that the ZBA finally
adjourned for the evening at 02:00 a.m.