By Carisa Keane
Village trustees did not make a decision on the Public Use "P" Zone issue as expected during the March 4 board meeting, citing that the board is seeking opinion of Village Counsel Gary Fishberg and planner Frank Fish, who won't be available for another week. "The board, before going forth, certainly wants to sit down and have some discussions based on the public's input," Mayor Barbara Miller said after more than a year has passed since County Executive Suozzi first introduced his consolidation plan.
Trustee Peter Bee, chair of the mayor-appointed Public Use "P" Zone Committee, told residents that would be affected by the possible zoning change that the process has been a long one - not a single snapshot.
"I'd like to think that both my thoughts as well as the board's have evolved, changed and reflected on things to try and figure out where we're going," he said. "You don't want to lock yourself into a position until the moment of the vote arrives. We're now reflecting on the entire process.
"Do I still feel there is merit in allowing an option to exist for housing of residential form at that site? Yes. Do I think that the residential housing option should include some component that allows for multi-family housing? I still think that idea has a great deal of merit. But am I in a place to say I'm in favor of multi-family housing? I think that that's a step I'm not ready to take. I'm reflecting on it, I'm studying it and looking at what controls can be put into the draft legislation that will bring everyone a level of comfort..."
The draft proposal originally brought to the board contemplated that a developer would be permitted to construct single family units or multi-family housing units or a combination of both. Trustee Bee told Heath Place resident Lauren Davies that the board is currently examining the several housing options and how far the legislation can go in narrowing the options that would be available to a developer. "Until we have a better handle on that I don't think any member of this board is prepared to commit him or herself to a position," he told Davies.
Many residents fear legislation, which the Assembly unanimously passed and is now pending in the Senate, that requires local municipalities, like the Village of Garden City, to enact affordable housing laws.
The bill, sponsored by Assemblyman Tom DiNapoli, would constrain a developer to set aside 10 percent of any new development (of five units or more) for families making no more than 80 percent of the area's median income. Similar legislation currently exists in the Town of Huntington.
If a local government finds that the setting aside of at least 10 percent of such units would have an adverse impact upon health, safety or the environment, payment of a reasonable fee to the local government, that shall constitute a trust fund, would be used exclusively by the locality for the purpose of providing such housing. All fees collected shall be kept in trust and separate from all other monies.
Further, municipalities would allow developers to build at greater density in return. The legislature intends that the "density bonus or other incentives offered by local governments shall contribute significantly to the economic feasibility of affordable workforce housing in new residential or mixed-use developments."
Some say reliance on local solutions to the problem has not produced enough affordable housing to meet the region's needs and the only realistic alternative may be state and regional legislative action.
The state legislature finds that "local governments have a responsibility to assist in the providing of a fair share of the regional need for affordable housing. Further, each local government has the responsibility to establish a land use plan for its community that provides balanced and diverse housing options for all segments of the community."
Trustee Bee, who's discussed the legislation with Senator Michael Balboni, told residents the current bill is just that - a bill - and has not been passed or enacted into law. "We're looking at the legislation very carefully," he said, noting that this is not a village proposed law. "That bill is now subject to debate, discussion and amendment and I think it is unlikely to see the bill, in its current form, be enacted into law."
A Kingsbury Road resident suggested that the board, when it does make a decision on the issue, impose zoning only for single-family housing units at the site in question, the Social Services Building at 101 County Seat Drive, to eliminate the threat of this possible new law. "The longer you take to decide, if in fact the law is passed before you decide, then you'll have to deal with whatever law..." he said. "The only way to avoid any of this possibility is to just not have [multi-family housing] exist so we never run into that problem."