The succession of ''yes'' tempered with one abstention from the Town of North Hempstead board was music to the ears of the supporters of the park district in their attempt to acquire the waterfront lot of the Cohan estate but hit a sour note with the attorneys separately representing the owners and the Village of Kings Point. Park Commissioners Ruth Tamarin and William Dobkin, emboldened by a large and vocal cross-section of park district residents, petitioned the town board for permission to obtain the land by condemnation or negotiation after their appeal to the Village of Kings Point was met with a ''yes, but ...'' response. The town board also passed a resolution granting the park district permission to collect up to $3.1 million from park district residents for all costs associated with the acquisition.

In spite of a chilling rain on Nov. 14, it was standing room only at the auditorium at Town Hall in Manhasset. Supervisor May Newburger limited each side to three speakers and extended to the assembled mayors and trustees from various villages in Great Neck a chance to speak as well.

Park District Chairperson Tamarin gave a brief review of the sequence of events leading to the impasse. The desired 1.3 acre parcel, along with a 0.95 acre underwater lot, runs for 240 feet along the shoreline. As early as March 1999, the park district commissioners announced in the Great Neck Record their ''dream'' to purchase the land. Ms. Tamarin implied that Kings Point Heights, LLC had simply been able to move more rapidly to purchase the whole estate.

According to Ivan Kline, attorney for the park district, the original strategy had been to gain the approval of the Kings Point Board of Trustees to acquire the land by negotiation or condemnation since the land would become tax-exempt if owned by the park district. While the commissioners were willing to enter into an agreement with the village that would limit its usage to a ''passive'' park with no structures or activities other than strolling onto the land, and would prohibit park access to non-residents, Mr. Kline found that such a covenant would be ''unenforceable.'' It would take away the power of future park commissioners to set policy, thereby making such a binding covenant invalid.

At that juncture, the village board pulled back to study the matter and came up with what Mayor Michael Kalnick thought would be a solution. The park district would be required to gain special legislation from the State Legislature by July 2001 allowing them to make such a promise into perpetuity. It was the belief of the mayor and trustees that both local legislators would be supportive of such an effort.

But the commissioners were taken aback by this twist in the plot, pointing to difficulties the park had had previously in obtaining special legislation on non-controversial matters. For Tamarin and Dobkin, the village response was tantamount to a ''no.'' (Commissioner Andrew Imperatore has been ill and has not attended park meetings for well over a year.)

Assemblyman Thomas DiNapoli and State Senator Michael Balboni, although supportive in concept, could not guarantee that the Legislature would act favorably .

Mr. Kline then took another tack, based on the Civil Divisions Act in which he argued that the park district could appeal directly to the Town of North Hempstead for authority to acquire the land by condemnation. Councilman Angelo Ferrara, who was the sole abstainer, expressed concern about the town's getting into the middle of a conflict between a special district and a village. Councilman James O'Connor asked, ''Are we being asked to play Solomon?''

The attorney for the village of Kings Point, Michael Ciaffa, argued that the park district was subject to town law, which he said supersedes the Civil Divisions Act. He added that the park district was usurping the ''sovereignty'' of the village. Mr. Ciaffa scoffed at the ''obscure and convoluted'' argument offered by Mr. Kline and referred to a separate matter several years ago in which Mr. Kline had been a party in a lawsuit when he was town attorney. Supervisor Newburger landed on Mr. Ciaffa's head squarely, calling his reference to the other matter, ''outrageous ... over the bar ... you owe Mr. Kline an apology.''

Paul Bloom, attorney for Kings Point Heights, began with pointing out that the Geulas are not ''developers,'' but rather a young couple expecting their first baby who simply want to exert their rights as property owners to build a house on the water. ''You would be taking away the choice lot." He also remarked that the landmarked mansion is a ''white elephant'' requiring massive infusions of money to bring it up to habitation standards. He said, ''My clients have that burden and now stand to have the prime lot being taken away from them.'' He also drew a little lightning from the supervisor when he referred to the landmarked mansion saying that he could not use the term he called it in ''mixed company.'' He went on to call it a ''white elephant'' with Ms. Newburger saying, ''That can be said in mixed company.''

Mr. Bloom argued that the park district's claim that it wants to acquire the property to ''preserve open space'' is specious. He said that if a house were built on the lot ''to the max'' of the zoning restrictions, a 4,600 square foot footprint, it would leave 92 percent of the land, as open space. He stated that his clients had already agreed to setting a house back at least 70 feet from the shared property line with the park, had promised a ''self-imposed'' 60 foot scenic easement on the north side of the property and would have a 90 foot set-back from the water. ''There would be plenty of open space without the park district spending a penny.''

Mr. Bloom also warned that the $3.1 million figure set for acquisition is ''woefully low.'' Several attorneys confirmed that under condemnation proceedings, a fair market value is set by the courts and if it is an ''Ouch'' figure, the park district would not be able to back out of the deal. Mr. Bloom proposed a ''compromise'' whereby the park district could purchase ''air rights.'' This would result in leaving the waterfront lot undeveloped, but according to Mr. Kline, the cost would not be nominal although exact figures were not disclosed.

A procession of local officials and leaders stepped forward to speak in favor of the park district's quest. Mayor of Great Neck Plaza, Jean Celender, whose environmental planning firm JAC represented the park district in their unsuccessful attempt to urge the village to require the owner to develop an Environmental Impact Study (EIS), spoke on behalf of the park district. Mayor of Kensington, Bonnie Golub, and Village of Great Neck Trustee Edna Guilor-Segal added their voices to the supporters. Anthony Carbone, representing the Great Neck Chamber of Commerce, also urged for town support. Ruth Koegel from the League of Women Voters spoke in support of the acquisition and Regina Gil, executive director of the Great Neck Arts Center, referred to the Joni Mitchell song, They Paved Paradise and Put Up a Parking Lot.

Kings Point resident Louise Sloane was the final speaker in behalf of the park district and her statement is reprinted in full in ''Letters to the Editor'' in this issue of the newspaper.

Marianna Wohlgemuth from New Hyde Park called for the town board to table the matter and said, ''Supervisor Newburger, as a resident of the park district, you have a clear conflict of interest and will derive a direct benefit from a condemnation of Mr. Guela's property and for this reason, you must recuse yourself from this issue.'' She stated, ''This very expensive shore front property which annually generates thousands of dollars to support our schools and local services will come off the tax rolls forever. This loss of revenue will then have to be subsidized by all the residents of North Hempstead, the very same residents who are and will continue to be denied access to Steppingstone.''

Jim McHugh, also of the New Hyde Park area, spoke in opposition, but his concern was based on the rights of property owners. He asked if a trend was being set in which property rights were being trampled noting his hope that the newly passed Environmental Legacy Fund would not violate the ''delicate balance'' to protect lands and yet still honor private property rights. Supervisor Newburger responded that it was not the town's intention to use their imminent domain powers to preserve lands.

Kings Point resident Gladys Ross also opposed, said that the village of Kings Point would be ''doubly burdened'' in that as park district residents they would pay for the taking and would also lose revenues to the village. She added, ''One acre added to the 13 acres of Steppingstone is nothing.''

Town attorney Howard Miller advised the town board that he disagreed with the arguments of the Kings Point attorney who had also implied that the village might seek to have the town decision overturned in court.

Park district officials and supporters were jubilant after the decision. Mr. and Ms. Guela have avoided speaking directly to the press, but at one of the many village meetings dealing with this issue Mr. Guela stated publicly, ''The dream of the park [to acquire the land] is not our dream. The board understands that the landmarking is a great burden to us.'' Two student leaders from the North Shore Hebrew Academy, Josh Yunis and Setareh Safani, were favorably impressed with the open give-and take in which all sides of the controversy were heard. For Ivan Kline, who as a teenager worked for the park district sweeping the tennis courts, representing the park in this historical struggle has been a ''labor of love.''

Folks, it is not over yet. And what song would George M. Cohan have been inspired to pen, if he had lived to watch this show?