Recently my wife, Marie, wrote a whimsical, general criticism of the Village policy stated to me by a Village Administrator that there is no prohibition against "just building up". The Village Code permits building up to 35 feet. However, the New York State Village Law does not necessarily permit building up if a variance or variances are required. The New York State Village Law clearly states that if what is reasonable can be accomplished by one variance that two should not be granted.
Our Village policy has embarked upon a Village program which causes hardship, inconvenience, victimization and taking away of comforts that were available in some instances, for over fifty years.
In addition, when variances are not necessary, property owners may "build up" without notice to adjoining landowners. Wouldn't it be fairer to give notice so that the adjoining landowners could point out how they are adversely affected? Shouldn't the Architectural Review Board become involved in the matter?
We are turning suburbia into "High Burbia." In our opinion it is to suburbia's detriment.
Now, let us delve into what such a policy may conceivably be based upon. One plausible theory is that it brings additional tax revenues to the Village. The Village is hungry for revenues. Our Main Street problem is one of the worst according to the Long Island Business Weekly. Certiorari's have taken a toll on our taxes.
If our board of appeals members are imbued with such a policy i.e., "let's get all the tax revenue we can" even subconsciously there is a potential conflict of interests.
How many tax dollars have been collected as a result of this policy since 1992?
We have been told by individuals from Floral Park and New Hyde Park that what is happening in Garden City is not happening there. I am looking into these allegations.
If there is the appearance of a conflict of interest, wouldn't it be fairer to have reciprocal representation on the board of appeals from nearby villages, who would not be influenced by the tax question?
If permitted, in the future I will divulge what happened in our case before the Zoning Board. The broken sidewalk episode pales in comparison.
Joseph A. Calamari