The Wantagh-Seaford Citizen, 2007 April 26, Town Enacts Building Moratorium

Town Enacts Building Moratorium
by Joan Delaney

Originally published in the 2007 April 26 edition of The Wantagh-Seaford Citizen.
Published online with kind permission from our friends at The Citizen.

How big is too big when it comes to building houses? When does new development totally change the quality of life and character of a community? How can a municipality oversee and curtail over-development without stifling local businesses and the economy?

A three-home construction project on Wantagh Avenue

These issues attracted hundreds of town residents, both for and against a moratorium, at the April 17, Town of Hempstead Town Board meeting. The issues will be studied by the Town of Hempstead, which has just approved a resolution allowing, a moratorium against issuance of building permits for construction of new single-family or two-family dwellings on substandard residential lots.

Nassau County Legislator David Denenberg, who has long worked with local civic groups concerned about this growing problem, spoke first to members of the Hempstead Town Board. He noted his support of "Smart Growth", which encourages creative development of existing and potential retail and commercial areas, but stressed the importance "of keeping our residential areas less dense." At a press conference preceding the town board hearing, Supervisor Murray spoke of her commitment "to do everything in my power to ensure that over-development does not turn the suburban dream into the urban nightmare." The specific issues being addressed come under a broader term known as "upzoning", putting super-sized homes on regulation lots, or more normal-size homes onto substandard lots. There are many aspects to "upzoning" that are not always readily apparent, said Dr. Robert Kassoff, a town resident, who enumerated some of the negative fallout. The purpose of zoning regulation, he stressed, is "to ensure the integrity of construction and to ensure the character and nature of the community."

He said that just as zoning regulations would not allow a retail store or apartment to be located within a single-family residential area because of its negative impact, so, too, oversized homes which create over-density should also not be allowed. Dr. Kassoff noted that density not only affects the way a community looks, "but also the way a community behaves." He stressed that "upzoning" has numerous unintended consequences."

Mansions Increase Taxes
Since homes are now assessed according to their fair market value, the introduction of these more expensive homes into a neighborhood causes area assessments to increase, thus increasing taxes for everyone. Meanwhile, homeowners in these smaller homes are impacted by having more traffic, less light if they are beside the taller homes, more children to be educated in local schools thus raising school taxes, and increased costs for such services as fire, sanitation and sewers.

... people are tired of losing their neighborhoods

block by block.

Richard Schary
North Bellmore Civic Association

The increased property taxes for the new homes do not offset the even larger increases for additional services. Dr. Kassoff also noted the difficulty of fighting fires in homes so closely situated, and envisioned legal challenges against the town in the case of loss of property or life because of the town's ignoring a known hazard. During the lengthy hearing, Supervisor Murray heard well over 25 residents from a half-dozen civic organizations express concerns. Resident Richard Schary of the North Bellmore Civic Association spoke of the formation of the Town of Hempstead Civic Council, which will be the civic umbrella group that intends to provide input and monitor the town's study during the moratorium. Stu Weinstein, vice-president of North Bellmore Civic Association and acting president of the new but as-yet unofficial civic council, said the building code issue was the catalyst to get the group to form.

"We have been thinking about forming the group for a long time", he said, in which the group will address other issues such as districting, school taxes, the HUB and other issues as they arise. Many civic organizations, he said, were quite open to such a group council. Meanwhile, Ms. Murray said that since the town has already begun to study the issue, she did not believe it would need a full six months to come to its decisions. She said in-house study will take place along with advice from outside consultants Frederick P. Clark and Associates, the company first used by the county during the initial stages of the reassessment process. They will conduct a "study of substandard parcels."

Reaction to the moratorium, however, wasn't all positive. Various developers and trades people, while not as numerous in speaking publicly, were animated in their reaction to speakers who pointed out the negative impact that a moratorium would have on the economy in general and their businesses in particular. Regarding irregular smaller parcels, one builder said, "What are you going to do, keep them available for the neighborhood dogs?"

Fly-by-Night Operators Cited
Many residents agreed that the problem was not necessarily the local, reputable builders, but rather the "fly-by-night" operators who often work without permits. Particularly enumerated was the habit of less-reputable developers to take down all trees, put up illegal fences and construct homes all without benefit of appropriate permits. One Point Lookout resident stated, "It should not be the neighbor's responsibility to say no to a neighbor who wants to do something illegal. If there are laws on the books, let's abide by them. The whole system is archaic of pitting neighbor against neighbor."

Another resident of West Hempstead referred to the process between developers and the board of zoning as a kind of "collusion." She said the process needed a public advocate to help residents who are up against the money and experts hired by developers. "There's not fairness for the opposition."

Lisa Schary stressed that civic leaders "do not want to hurt developers. We all have the same interests. We want each situation considered, not a blanket moratorium." In reality, however, that is the oversight that the Board of Zoning is supposed to be already doing in its role of approving or disapproving requests for variances.

In her press release, Supervisor Murray referred to the Board of Zoning Appeals (BZA) as "an autonomous body, separate from the Hempstead Town Board." One of its responsibilities under New York State law is to consider "whether granting a variance will change the character of a neighborhood adversely and/or negatively impact nearby properties." However, while technically "autonomous" BZA members are appointed by the Town Board.

Residents and civic groups are saying that the BZA has been too generous in granting variances and providing requested relief from the codes. Resident William Reilly of North Bellmore spoke of the construction of two mega homes on his block and the destruction of 37 trees. Referring to the "pyramid law" enacted by some communities to combat overly tall homes, he spoke of how the 35-foot high homes cause shadows and impede the light for neighboring homes. John Smith of Wantagh said that "builders are greedy and people (property sellers) are greedy." Another Wantagh resident spoke of "buildings on postage-stamp properties."

Rockville Centre resident and chairman of the Nassau County Planning Commission Jeff Greenfield quoted former Speaker of the House Tip O'Neill, saying "All politics is local." He then added, "and nothing is more local than zoning." He described the "universal outrage" toward "McMansions" and urged the town board to address several issues as part of the study. He suggested that the board require fence companies to be licensed. He further suggested that the board study the architectural controls and standards recently enacted by the towns of North Hempstead and Oyster Bay, consider the total lot size and the house-to-lot ratio, disallow rear property residences and require one-for-one replacement of trees of the same caliber and size.

Mr. Schary cautioned that the moratorium process should "go forward with order" and stressed that "people are tired of losing their neighborhoods block by block." But one builder urged caution. "We need land planning, not a moratorium." He said that all regulation must consider "the impact on the trade community."

Applications already submitted may go forward but no building permits will be granted during the moratorium, according to the town's attorney. None of the new regulations, when approved, will be retroactive and none will impact on existing homes since that, according to Town Supervisor Kate Murray, would be unconstitutional.

- Additional reporting by Doug Finlay