Minutes - Board Meeting 07/02/08
Minutes of the meeting of the Board of Trustees of
the Incorporated Village of Mineola
held Wednesday, July 2, 2008 at Village Hall,
PRESENT:
Trustee
Trustee
Trustee
Trustee
ALSO PRESENT:
Village Attorney
Village Clerk
Village
Superintendent of
Buildings
Superintendent of
Public Works
Sunshine Observers: Approximately 19 Observers
Representative of
Mayor Martins stated that, due to the Board convening
late, the Public Meeting would be conducted first with the Work Session to
follow to give those in attendance who wished to address the Board an opportunity
to do so while it was still early in the evening.
Mayor Martins opened the Public Meeting at 7:30 pm.
Mayor Martins asked Mineola
Fire Department 1st
Mayor Martins announced that
the Village of
Trustee Lawrence Werther
addressed Flow Control, offered an historical overview of the roles our
nation’s Founding Fathers played and their importance to Independence Day, and
reported on the last Chamber of Commerce meeting featuring guest speaker Nassau
County District Attorney Kathleen Rice.
Trustee
Trustee
Trustee
Nine speakers addressed the
board.
Mayor Martins requested a motion to close the Public
Meeting at 9:15 pm.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Mayor Martins opened the Work Session at 9:45 pm.
Resolution No. 142-08
Resolved to approve bills and
payroll.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution
No. 143-08
Resolved to approve the
minutes for June 2008, as amended.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution
No. 144-08
Resolved to approve the
annual request of Mineola Youth and Family Services for the use of
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution
No. 145-08
Resolved to approve the
request of Nassau County Legislator
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution
No. 146-08
Resolved to approve the
request by the Mineola Mustang Run Committee, Inc. for the use of the Community
Center to prepare an annual mailing on Sunday, July 27, from 6:30 pm – 10:00
pm.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution
No. 147-08
Resolved to approve the
request by the residents of Harrison House condominiums,
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 148-08
Resolved to authorize the
Treasurer to apply Debt Service Fund accumulations toward additional debt
service.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes
No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 149-08
Address:
Petitioner:
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding
Further resolved, that
the Petitioner will receive a refund of $8,000.00 for the tax years 1999/2000
through 2006/2007. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 150-08
Address:
Petitioner:
Petitioner’s Attorney: Koeppel
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding
Further resolved, that
the Petitioner will receive a refund of $18,000.00 for the tax year
2007/2008. The refund shall be payable
on July 1, 2008 following the submission of a voucher along with a Judgment and
Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 151-08
Address:
Petitioner:
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding 156 First Street, Section 9, Block 416, Lot 105
is approved.
Further resolved, that
the Petitioner will receive a refund of $25,000.00 for the tax years 2001/2002
through 2007/2008. The refund shall be
payable in two (2) installments of $22,500.00 on July 1, 2008 and $2,500.00 on
July 1, 2009 following the submission of a voucher along with a Judgment and
Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 152-08
Address:
Petitioner:
Petitioner’s Attorney: Certilman
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding 190 First Street, LLC, Section 9, Block 415, Lots
15-18, 850-855 is approved.
Further resolved, that
the Petitioner will receive a refund of $18,000.00 for the tax years 2005/2006
through 2007/2008. The refund shall be
payable in two (2) equal installments of $9,000.00 on July 31, 2008 and July
31, 2009 following the submission of a voucher along with a Judgment and
Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 153-08
Address: 393
Petitioner: 393
Petitioner’s Attorney: Koeppel
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding 393 Jericho Turnpike Associates, Section 9, Block
22, Lots 28-34, 55-62, 69-70 and Section 9, Block 3, Lot 163 is approved.
Further resolved, that
the Petitioner will receive a refund of $65,000.00 for the tax years 2001/2002
through 2007/2008. The refund shall be
payable in three (3) installments of $21,667 on July 1, 2008, $21, 667.00 on
July 1, 2009 and $21,666.00 on July 1, 2010 following the submission of a
voucher along with a Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 154-08
Address: 525
Petitioner: 525
Petitioner’s Attorney: Certilman
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding 525 Jericho Realty Co., Section 9, Block 34, Lots
41, 42, 44, 45 is approved.
Further resolved, that
the Petitioner will receive a refund of $3,200.00 for the tax years 2005/2006
through 2007/2008. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 155-08
Address:
Petitioner: Allenair Corp.
Petitioner’s Attorney: Certilman
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Allenair Corp., Section 9, Block 73, Lots 25-29,
30-35 is approved.
Further resolved, that
the Petitioner will receive a refund of $4,000.00 for the tax years 2005/2006
through 2007/2008. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a Judgment
and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 156-08
Address: 167-169
Petitioner: Arceri
Petitioner’s Attorney: Murphy & Lynch
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Arceri, Section 9, Block 267, Lots 24-25 is approved.
Further resolved, that
the Petitioner will receive a refund of $4,800.00 for the tax years 2002/2003
through 2007/2008. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a Judgment
and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 157-08
Address: 120
Petitioner: Backel
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Backel, Section 9, Block 332, Lots 11-12, 22-25
is approved.
Further resolved, that
the Petitioner will receive a refund of $32,000.00 for the tax years 1999/2000
through 2007/2008. The refund shall be
payable in two (2) installments of $12,000.00 on July 31, 2008 and $20,000.00
on July 31, 2009 following the submission of a voucher along with a Judgment
and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 158-08
Address:
Petitioner: Big Apple Trust
Petitioner’s Attorney: Forchelli
Resolved, that the certiorari
settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi,
LLP, regarding Big Apple Trust, Section 9, Block 452, Lots 500, 501, 618 is
approved.
Further resolved, that
the Petitioner will receive a refund of $11,750.00 for the tax years 2001/2002
through 2007/2008. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 159-08
Address:
Petitioner: Day-Op Surgery
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Day-Op Surgery, Section 9, Block 452, Lot 615 is
approved.
Further resolved, that
the Petitioner will receive a refund of $55,000.00 for the tax years 2001/2002
through 2007/2008. The refund shall be
payable in two (2) installments of $40,000.00 on July 1, 2009, $15,000.00 on
July 1, 2010 following the submission of a voucher along with a Judgment and
Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 160-08
Address:
Petitioner: DDMK
Petitioner’s Attorney: Siegel
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding DDMK, Section 9, Block 397, Lots 85-86 is
approved.
Further resolved, that
the Petitioner will receive a refund of $7,248.00 for the tax years 2001/2002
through 2006/2007. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 161-08
Address:
Petitioner:
Petitioner’s Attorney: Certilman
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding D’Urso, Section 9, Block 350, Lots 124 is
approved.
Further resolved, that
the Petitioner will receive a refund of $18,000.00 for the tax years 2004/2005
through 2007/2008. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 162-08
Address:
Petitioner: Franzella
Petitioner’s Attorney: Siegel
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Franzella, Section 9, Block 13, Lots 362, 363 is
approved.
Further resolved, that
the Petitioner will receive a refund of $8,500.00 for the tax years 1997/1998
through 2007/2008. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 163-08
Address: 240-241
Petitioner: Hickman Realty
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Hickman Realty, Section 9, Block 450, Lot 236-238
is approved.
Further resolved, that
the Petitioner will receive a refund of $19,000.00 for the tax years 2002/2003
through 2007/2008. The refund shall be
payable in two (2) installments of $15,000.00 on July 1, 2008 and $4,000.00 on
July 1, 2009 following the submission of a voucher along with a Judgment and
Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No.
164-08
Address: 75-79
Petitioner: Holzer
Petitioner’s Attorney: Forchelli
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Holzer, Section 9, Block 269, Lots 1-4 is
approved.
Further resolved, that
the Petitioner will receive a refund of $11,500.00 for the tax years 2001/2002
through 2007/2008. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 165-08
Address:
Petitioner: Jackamin
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Jackamin, Section 9, Block 400, Lots 338-341 is
approved.
Further resolved, that
the Petitioner will receive a refund of $13,500.00 for the tax years 2001/2002
through 2007/2008. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a Judgment
and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 166-08
Address:
Petitioner: Jacoff
Petitioner’s Attorney: Certilman
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Jacoff, Section 9, Block 300, Lots 42-44;
9/437/346-347, 461, 462, 463, 464-465 is approved.
Further resolved, that
the Petitioner will receive a refund of $110,000.00 for the tax years 2004/2005
through 2007/2008. The refund shall be
payable in two (2) installments of $75,000.00 on July 31, 2009 and $35,000.00
on July 31, 2010 following the submission of a voucher along with a Judgment
and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 167-08
Address: 139
Petitioner: KFC
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding KFC, Section 9, Block 450, Lots 220-223, 277-280
is approved.
Further resolved, that
the Petitioner will receive a refund of $23,000.00 for the tax years 2001/2002
through 2007/2008. The refund shall be
payable on July 31, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 168-08
Address:
Petitioner: L&F
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding L&F, Section 9, Block 408, Lots 334-337 is
approved.
Further resolved, that
the Petitioner will receive a refund of $9,000.00 for the tax years 2001/2002
through 2007/2008. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 169-08
Address:
Petitioner: Leventhal
Petitioner’s Attorney: Siegal
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Leventhal, Section 9, Block 300, Lots 6-9 is
approved.
Further resolved, that
the Petitioner will receive a refund of $11,500.00 for the tax years 2001/2002
through 2007/2008. The refund shall be
payable on July 31, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 170-08
Address:
Petitioner:
Petitioner’s Attorney: Koeppel
Resolved, that the certiorari
settlement recommended by Spellman Rice Schure Gibbons McDonough & Polizzi,
LLP, regarding Liberty Plaza, Section 9, Block 301, Lots 11-17, 45 is approved.
Further resolved, that
the Petitioner will receive a refund of $14,000.00 for the tax years 2001/2002
through 2007/2008. The refund shall be
payable in two (2) installments of $7,000.00 on July 1, 2008 and July 1, 2009
following the submission of a voucher along with a Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 171-08
Address: 100 East Second Street
Petitioner: Northside Properties
Petitioner’s Attorney: Koeppel
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Northside Properties, Section 9, Block 302, Lots
23-27 is approved.
Further resolved, that
the Petitioner will receive a refund of $6,000.00 for the tax years 1990/2000
through 2007/2008. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 172-08
Address:
Petitioner: Peykar
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Peykar, Section 9, Block 419, Lot 229 is
approved.
Further resolved, that
the Petitioner will receive a refund of $3,000.00 for the tax years 1998/1999
through 2007/2008. The refund shall be
payable on July 31, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 173-08
Address:
Petitioner: Police Benevolent
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Police Benevolent, Section 9, Block 452, Lot 624
is approved.
Further resolved, that
the Petitioner will receive a refund of $24,000.00 for the tax years 1997/1998
through 2007/2008. The refund shall be
payable in two (2) installments of $10,000.00 on July 31, 2008 and $14,000.00
on July 31, 2009 following the submission of a voucher along with a Judgment
and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 174-08
Address:
Petitioner:
Petitioner’s Attorney: Koeppel
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Roslyn Road Triangle, Section 9, Block 350, Lots
9-10 is approved.
Further resolved, that
the Petitioner will receive a refund of $4,500.00 for the tax years 2001/2002
through 2005/2006. The refund shall be
payable on July 31, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 175-08
Address: 225 & 226
Petitioner: RSBP
Petitioner’s Attorney: Jaspan
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding RSBP, Section 9, Block 313, Lots 1476, 1477 is
approved.
Further resolved, that
the Petitioner will receive a refund of $5,300.00 for the tax years 2004/2005
through 2007/2008. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution
No. 176-08
Address:
Petitioner: Sanj Realty
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Sanj Realty, Section 9, Block 271, Lots 106-110
is approved.
Further resolved, that
the Petitioner will receive a refund of $10,000.00 for the tax years 2002/2003
through 2007/2008. The refund shall be payable
on July 31, 2008 following the submission of a voucher along with a Judgment
and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 177-08
Address:
Petitioner: Stephlan, LLC
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Stephlan, LLC, Section 9, Block 318, Lot 130 is
approved.
Further resolved, that
the Petitioner will receive a refund of $6,300.00 for the tax years 2002/2003
through 2007/2008. The refund shall be
payable in two (2) installments of $5,500.00 on July 1, 2008 and $800.00 on
July 1, 2009 following the submission of a voucher along with a Judgment and
Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 178-08
Address:
Petitioner: Triple Crown Realty
Petitioner’s Attorney:
Resolved, that the
certiorari settlement recommended by Spellman Rice Schure Gibbons McDonough
& Polizzi, LLP, regarding Triple Crown Realty, Section 9, Block 419, Lot
222 is approved.
Further resolved, that
the Petitioner will receive a refund of $13,000.00 for the tax years 2001/2002
through 2007/2008. The refund shall be
payable on July 1, 2008 following the submission of a voucher along with a
Judgment and Stipulation.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 179-08
Resolved to authorize the
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution
No. 180-08
Resolved to approve the point earnings report certified
by the Chief of the Mineola Volunteer Fire Department relative the Village’s
Length of Service Award Program (LOSAP).
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 181-08
Resolved that the Village’s participation in a
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 182-08
Resolved
that the Village’s participation in the
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 183-08
Resolved
that the Incorporated Village of
Mineola opposes the proposal before the Town of
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution
No. 184-08
Resolved
that the Board of Trustees approves the
special permit, site plan and architectural plans for The Winston, a
residential condominium project at the northwest corner of Old Country Road and
Willis Avenue proposed by Polimeni International, LLC subject to the following
conditions:
BOARD
OF TRUSTEES
INCORPORATED
---------------------------------------X
In
the Matter of the Application of
POLIMENI
INTERNATIONAL, LLC
For
a Special Permit pursuant to Chapter 30, Section 30.5 of the Code of the
Incorporated Village of Mineola, upon the property located at the northwest
corner of the intersection of Old Country Road and Willis Avenue, Mineola, New
York, known and designated on the Nassau County Land and Tax Map as Section 9,
Block 430, Lots 10, 65, 212, 411, 415, 418 and 419.
DECISION
---------------------------------------X
NAME OF APPLICANT: Polimeni
International, LLC
SUBJECT PROPERTY: Section
9, Block 430, Lots 10, 65, 212, 411, 415, 418 and 419
STREET LOCATION: Northwest corner of the
intersection of
ZONING DISTRICT: Business "B-3"
District
RELIEF REQUESTED: Application For a Special Permit
pursuant to Chapter 30, Section 30.5
PUBLICATION & POSTING: All in accordance with applicable laws, rules and
regulations.
DATE OF HEARING: November 27, 2007;
January 9, 2008; February 13, 2008.
APPEARANCES:
IN SUPPORT: Mitch Newman, Architect;
Robert Eschbacher, Traffic Engineer; Terry Elkowitz, Planning and Environmental
Consultant; Dale Allinson, Tax Attorney; Dr. Pearl Kamer, Economist
DECISION:
Polimeni International, LLC
(hereinafter, “Applicant”) is before this Board pursuant to Chapter 30, Section
30.5 of the Municipal Code of the Incorporated Village of Mineola for a special
permit to construct a residential condominium of up to 285 units upon the
property located at the northwest corner of the intersection of Old Country
Road and Willis Avenue, Mineola, New York (known and designated on the Nassau
County Land and Tax Map as Section 9, Block 430, Lots 10, 65, 212, 411, 415,
418 and 419) (hereinafter, the “Property”).
By Notice of Disapproval, dated
October 25, 2007, Applicant's building permit was denied. The Building Inspector determined that the
proposed application is contrary to the Village’s zoning regulations,
specifically: use, front yard setback, rear yard setback, side yard setback,
building height and minimum unit size.
As a result of the application’s noncompliance with zoning code
regulations, Applicant was entitled to seek relief before the Zoning Board of
Appeals for use and area variances. In the alternative, Applicant could obtain
the same relief from the Board of Trustees pursuant to Chapter 30, Section 30.5
under the development incentive bonus law.
Applicant made an application to the
Board of Trustees for the required relief sought pursuant to the Village’s
development incentive bonus law and presented its application on November 28,
2007; January 9, 2008 and February 13, 2008.
The Board of Trustees declared itself lead agency pursuant to SEQRA and
following a coordinated review by all involved agencies (New York State
Department of Environmental Conservation, Nassau County Planning Commission,
Village of Garden City Planning Commission, Village of Mineola Planning Board,
Village of Mineola Department of Public Works and Village of Mineola Water and
Sewer Department) determined that the application was an unlisted action. An expanded Environmental Assessment Form was
prepared by the Applicant. The expanded
Environmental Assessment Form contained the following: site and surrounding
area photographs; correspondence from the Village Superintendent, Building
Department; excerpts from the Village of Mineola Comprehensive Master Plan;
traffic impact study; socioeconomic report; correspondence from DiBari
Engineering, P.C. regarding water demand for sprinkler system; Pegasus
Engineering Report regarding water and sewer infrastructure; rendering of
elevations, massing model, shadow study and streetscape (proposed sidewalk
paving) plan; population estimates for senior affordable housing; and
depictions of senior affordable housing and parking garage. The Board of Trustees, after careful review,
issued a Negative Declaration under SEQRA and also issued a Findings Statement.
The Applicant also sought a waiver of
appearance before the Village’s Planning Board for preliminary site plan review
and for architectural review. The waiver
was granted by the Board of Trustees.
A review of Applicant’s application
which was sworn to on September 28, 2007, as submitted to this Board, indicates
that the application is to erect up to 285 residential condominium units in a
nine-story building, with three levels of underground parking.
During
the public hearing, the following representations were made by Applicant:
This is an application for a development incentive
bonus for the construction of a residential condominium at the northwest corner
of
* * * *
The applicant is considering an offer to this Village of
certain amenities – and the areas which the applicant is presently studying are
the possible architectural features for 170 Old Country Road, and to or enhance
the Mineola Streetscape, some sort of financial assistance to the Mineola Fire
Department for equipment or other facilities that it might need in its
functions, and otherwise to provide help for the Mineola senior citizens by way
of affordable senior housing.
* * * *
The project summary: up to 285 luxury
condominiums. This project will have
434 car parking spaces provided. 14 spaces are on grade, to be allocated to
visitor parking. The remainder of the
parking is located on three sublevels beneath the structure. The ratio is 1.5
spots per unit.
* * * *
The first two floors will be cast stone, the upper
floors will be all brick. The top mansard, European style, roof will be
simulated slate roof with the cupola at the top being simulated turned copper.
*
* * *
The
* * * *
The traffic study included a review of eleven
different intersections essentially surrounding the property and extending over
in various directions, so that we’d be able to take a look at various through
traffic you would be using to come to this site or to leave at different times.
* * * *
The location is very conveniently located to provide a
variety of access points and routes for people to come there. They do not all come from one direction, they
are not all leaving and going in one direction. The bottom line, when you
review the analysis, is that the additional traffic what would be generated by
this, and really based on very conservative assumptions, will not change what
conditions would be like without it by distributing the traffic through various
intersections.
* * * *
The traffic study is conservative for several reasons.
First, it does not reduce out from the traffic that’s currently being generated
by the building on the property. We assume that this traffic for the
* * * *
A supplemental traffic study was prepared to address
concerns that have been raised by the
The
following amenities were proposed by Applicant in exchange for the relief
requested:
* * * *
Approximately
2,300 linear square feet of streetscape improvements along the entire block bounded
by the north side of Old Country Road, east side of Main Street, south side of
Third Street, and west side of Willis Avenue and also inclusive of the north
side of Third Street and the east side of Main Street leading up to the Long
Island Rail Road tracks.
* * * *
A façade retrofit of the Benchmark office building to
blend with the architecture of the
* * * *
Construction of a five story (four stories of
condominiums above ground level parking) senior affordable housing project on
the north side of Front Street consisting of thirty-six (36) condominium units
of the following approximate sizes: twenty (20) one-bedroom 650 square foot
units; eight (8) one-bedroom 690 square foot units; and eight (8) two-bedroom
1,000 square foot units, to be sold at an average price of $250,000.00.
Applicant will market senior housing condominium units at such time as all
building permits have been issued for the retrofit of the Benchmark office
building, and the construction of the parking garage, the senior housing
condominium building and the
* * * *
Construction of a four (4) story 272 parking garage on
the north side of
* * * *
Applicant
will contribute $3,000,000.00 to
* *
* *
Assuming that all zoning approvals have been issued by
Mineola and Garden City, all building permits have been issued by Mineola and
all sales thresholds have been met, estimates of the construction timelines are
as follows: “Parking Garage” four to six months; “Senior Housing Condominium
Building” one to one and a half years; “Retrofit of Benchmark façade” three to
six months; “Winston Condominium Building” one and one and a half years to two
years.
* * * *
Applicant will start construction of the parking
garage immediately upon issuance of the building permits for all four projects
(parking garage, retrofit of Benchmark, senior housing and the
* * * *
It is Applicant’s understanding that construction of
the senior housing is the most important of the four construction projects and
will diligently proceed with it as described above. It is not possible to
estimate a starting date for the
Thereafter, a referral of the
application was made to the Nassau County Planning Commission. The Nassau County Planning Commission by
decision, dated April 11, 2008 supports the proposed project for a number of
reasons, including the following: the project is supported by the goals and
recommendations set forth in the Mineola Comprehensive Master Plan and the
subsequent Development Incentive Bonus Overlay District; Mineola will be the
recipient of public amenities from the developer in accordance with the
requirements of the Development Incentive Bonus Overlay District; the inclusion
of a 36-unit affordable senior housing development at a nearby site; the
location of the project provides convenient pedestrian access to downtown
Mineola and is also walkable to Garden City. It provides pedestrian
accessibility to Mineola’s Intermodal Transportation Center; the proximity of
the project to rail services would likely appeal to persons employed in
Manhattan and other areas served by the LIRR and is walkable to major employers
in Mineola and Garden City such as the County Government Center, Winthrop
University Hospital and the financial institutions along Franklin Avenue; the
project will bring new purchasing power to businesses in Mineola and Garden
City; the project could serve as a model for downtown revitalization as an
impetus to revitalize underutilized properties in Mineola’s Central Business
District and fringe commercial areas; the project could serve as a cornerstone
for pedestrian connectivity and pedestrian improvements in Mineola’s downtown
area and along Old Country Road. The
Nassau County Planning Commission has recommended that this Board take whatever
action it deems appropriate.
Based upon the evidence adduced at the public
hearing and the documentation submitted to the Board in support of the
application, the Board makes the following findings of fact:
1)
Applicant intends
to erect a nine story multiple dwelling;
2)
The dwelling will
consist of a residential condominium of up to 285 units;
3)
The traffic
circulation and access aspect of the project will function in an adequate and
reasonable manner;
4)
The number of
parking spaces for 285 units creates an adequate unit-to-parking space ratio
especially in light of proximity to parallel transportation;
5)
Applicant’s proposal
is a classic transit oriented smart growth project which is located in the
downtown area and is in conformity with the Village’s proposed Master Plan;
6)
The height of the
proposed building will not alter the character of the neighborhood.
7)
The Village
accepts the Applicant’s offered amenities and the Applicant’s timetable for
sequencing all aspects of the project.
8)
The public
amenities to be provided by the Applicant (particularly the affordable senior
housing component) when combined with the payment in lieu of further amenities,
constitutes an appropriate qualification for the incentive bonuses sought.
Based
upon the above findings, it is hereby determined that the granting of the
Application, requesting a special permit pursuant to Section 30.5 of the
Village Code for development incentive bonuses according to which the applicant
offers certain community benefits and amenities and payment in lieu thereof in
exchange for the Board of Trustees granting relief from certain zoning code
regulations, shall advance the Village’s specific physical, cultural and social
policies in accordance with the Village’s comprehensive plan and in
coordination with community planning mechanisms and land use techniques.
Further, it is hereby determined that the Special Permit will provide a
desirable facility to the area, will promote the revitalization of the
Village’s Downtown and will not be incongruous to the neighborhood by reason of
excessive traffic.
IT
IS THEREFORE RESOLVED, that the Special Permit is GRANTED subject to
the following conditions:
1)
Installation of
approximately 2,300 linear square feet of streetscape improvements along the
entire block bounded by the north side of Old Country Road, east side of Main
Street, south side of Third Street, and west side of Willis Avenue and also
inclusive of the north side of Third Street and the east side of Main Street
leading up to the Long Island Rail Road tracks;
2)
A façade retrofit
of the
3)
Construction of a
five story (four stories of condominiums above ground level parking) senior
affordable housing project on the north side of Front Street consisting of
thirty-six (36) condominium units of the following approximate sizes: twenty
(20) one-bedroom 650 square foot units; eight (8) one-bedroom 690 square foot
units; and eight (8) two-bedroom 1,000 square foot units, to be sold at an
average price of $250,000.00;
4)
Construction of a
four (4) story 272 car parking garage on the north side of
5)
Applicant will
contribute $3,000,000.00 to be deposited in the Village’s trust fund to be used
by the Village to make improvements to public amenities and improvements in
other areas of the Village where those amenities are needed, to be paid in the
following manner: one-third upon issuance of construction permits; one-third
upon pre-sales of condo units at the Winston reaching 50%; and one-third upon
issuance of a Certificate of Occupancy for the Winston Building; and
6)
Applicant will
start construction of the parking garage immediately upon the issuance of the
building permits for all four projects (parking garage, retrofit of Benchmark,
senior housing and the
7)
The
representations made by Applicant on the record in this proceeding have been
deemed material to this application and have been relied upon by the Board of
Trustees in its deliberations and decisions. Said representations are deemed to
be part of the conditions of this special permit; and
8)
Violation of a
condition set forth in this decision shall be deemed a violation of the Village
Zoning Law and shall subject the owner or occupant of the premises to all
penalties set forth in the Zoning Law.
This constitutes the decision of the Board of
Trustees.
Dated:
July 2, 2008
Motioned by Trustee
Seconded by Trustee
Village Clerk
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 185-08
Resolved
to authorize a salary increase of $4,000. each to Recreation Attendants
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Resolution No. 186-08
Resolved
to set August 13, 2008 at 6:30 p.m. for
a public hearing on a proposed local law amending the Zoning Code which will
permit fences up to six (6’) feet in height in the rear yard of corner
residential lots provided that such fences shall be set back at least four (4’)
feet from the property lines of such lots.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Mayor Martins requested a motion to close the meeting
at 10:55 pm.
Motioned by Trustee
Seconded by Trustee
Vote:
Yes No Absent
Trustee
Trustee
Trustee
Trustee
Respectfully
submitted,
___________________
Village
Clerk