In response to residents' complaints concerning the building of massive, over-powering houses in the Allenwood area of Great Neck, the Town of North Hempstead has upzoned the area from Residence B to Residence A. Additionally, the town also plans to consider modifying town building codes, legislation that would affect all of the unincorporated areas in North Hempstead.
Following approval of the upzoning at the town's April 28 meeting, the board also voted to set a public hearing on June 16, for exceptions to Residence A zoning. There are several Allenwood residents who own adjoining pieces of land, property that under the A zone would not permit construction of another home. At least two such residents spoke at prior public hearings, stating that the upzoning would be a financial hardship for them. At that time, the board did say that individual cases would be looked at.
As for the Allenwood moratorium, a town spokesperson said that the town board has ''remained silent'' on the moratorium. This moratorium, which prohibits the issuance of permits for construction of new residential buildings as well as prohibiting demolition of existing residential buildings, is ''technically in effect until May 27.'' The moratorium was originally approved as a 90-day moratorium at the Oct. 21, 1997 town board meeting. It was extended twice, in order to give the town sufficient time to find a solution for the complaints about recent building trends in the Allenwood area.
Opening the hearing, which was actually a reserved decision from the last meeting, Town Supervisor May Newburger said that the decision followed ''months and months of discussion'' and much work on the part of the town building commissioner, planning commissioner, town attorney, and town board, ''to address problems perceived for that area.'' Supervisor Newburger stated that the board had taken into consideration comments that had been offered at the last public hearing. She then called for adoption of the upzoning.
Town Council member Doreen Banks stated that the board had ''heard resoundingly from the community.'' She added that Supervisor Newburger's letter to the residents had explained the implications of the upzoning, and the ''educated population'' surely understood. Ms. Banks voted ''yes.''
Town Council member Anthony D'Urso also voted ''yes,'' explaining that when he first looked at the situation he had been ''somewhat ambivalent,'' feeling that a code change was the answer. He said that the residents, ''the very educated residents,'' convinced him as to the problem and what should be done.
Another ''yes'' vote came from town council member Angelo Ferrara, also first stating that he had some concerns about upzoning, particularly since it would deem most of the existing houses non-compliant, requiring a variance to do work. He said that this (upzoning) might not be the best way, but he could think of no better way.
The one ''no'' vote came from town council member James O'Connor, who read a prepared statement. He used a quote Supervisor Newburger had used at her town address in January, speaking of the main task at hand not being to ''ingratiate'' yourself with the public, but to assume a role of responsibility for long-range planning---''to think ahead boldly.''
Mr. O'Connor did walk the neighborhood, saw the beautiful blocks, and understood why the residents want to fight to preserve Allenwood. However, though he wants to be a part of the solution, he does not feel that upzoning is the best solution, and he is not certain that the community fully understands the ramifications of upzoning. ''The area is not consistent with Residence A,'' he said.
Mr. O'Connor said that he favors extending the moratorium, and working on issues such as limits, FAR (floor area ratio), height, site placement, and underground garages.
Responding, Supervisor Newburger said that ''this was not the best use of the quote.'' She said that ''sometimes expressions from an area come from a lot of thought and sometimes it is the good way to go.'' She reiterated that she had told the residents (in a March letter) that upzoning would make a majority of the houses non-conforming. She reported that another near-by area had been upzoned a number of years ago and ''there have been no repercussions.''
As for changing codes, Supervisor Newburger said that such discussions ''belong at another time, because they affect the whole town.'' She also then said that the town would try to address the issue of the four lots with adjoining lots at a separate hearing.
''We never said that this is a perfect solution,'' said the supervisor, ''But this will put a halt to accelerating the problem.''
And Supervisor Newburger voted ''yes,'' with the upzoning passing four to one.
Following the hearing, the Allenwood residents in attendance left. Allenwood Park Civic Association President Ivar Segalowitz said that the upzoning ''reflects what the majority of the community wants.'' He did note that this is not the ''ultimate solution,'' as the town must still address below grade garages, the issue of bulk, sky exposure plane, and the issue of the destruction of trees.
Mr. Segalowitz did say, though, that upzoning does offer some ''indirect solutions,'' as it calls for wider front, rear, and side yards, resulting in keeping more trees and more open space, and preventing subdivision with a house on less than 17,000 square feet. ''There will be no small lot subdivisions,'' he said.
A loud argument then broke out between several civic association members and Allenwood resident and builder Javid Zarabi, who has all along opposed the upzoning, claiming that it will not solve the problems that the residents see. ''You may be educated, but not in architecture and zoning,'' he told Mr. Segalowitz and the other residents, ''You should not tell me how to build.''
When one resident complained about builders not building in keeping with the character of the neighborhood and not preserving trees and shrubs, she became so agitated, arguing with Mr. Zarabi, that she complained of ''Persian palaces'' being built. The argument became so loud that town security asked the assembled group to leave the building, and the argument ended, for the time being.