While assuring that state and federal law would preclude any evictions at the rent-stabilized Academy Gardens apartment building at 794-812 Middle Neck Road in the Old Village, Paul Bloom, attorney for the owner, stated that the law further stipulates that the village (and the board of zoning appeals) has "no jurisdiction" to consider issues such as the tenant relocation issues and environmental issues. Mr. Bloom represents Kings Point Gate Associates, the owner who proposes to tear down the long-standing 40-apartment rent stabilized building and build a 68-unit condominium.

In order for Kings Point Gate Associates to build this condo, they need approval from the Village of Great Neck's board of zoning appeals. The variance the owners are seeking is for a 40-foot structure that will exceed the maximum allowable height of nine feet four inches. The zoning board once again heard the proposal at the April 3 meeting.

Mr. Bloom opened his presentation with statements regarding "pre-emption," stating that local government "home rule" cannot prevail in this case; state and federal laws regarding emergency tenant protection will have the final say. He explained that the Academy Gardens' rent-stabilized tenants are protected by such laws. "No tenants will be put out on the street," he told the large gathering, which did include many affected tenants.

And then Mr. Bloom went on to state that the zoning board was also "precluded" from considering tenant relocation and resulting impacts, and, as well, are precluded from considering issues such as environmental concerns. He said that emergency tenant protection laws provide that, should the variance be approved and the building developed, all current tenants must be provided equal housing. This, he said, includes equal housing in the vicinity. If the new rent is more than the current rent, Kings Point Gate would have to make up the rent difference for six years.

Mr. Bloom reiterated these considerations by further explaining that should the owner go through the entire site plan process and receive approval, should tenant relocation prove unattainable, then the project would not be able to be developed.

Mr. Bloom also noted that the property owner could also offer tenants very specific payments in return for them vacating their apartments. However, according to Mr. Bloom, such payments are also governed by state law and must follow very specific formulas. Mr. Bloom termed such payments "reasonable compensation."

Andrew Luskin, attorney for the village, countered with his statement that state law requires environmental consideration, under SEQRA. He said that he would need further time to study the legality of the board being able to consider the relocation and environmental issues.

Academy Gardens resident Julia Shields told the board that the only tenants she had heard who took the lump sum payments were ones who had wanted to move.

At that point Mayor Ralph Kreitzman once again asked the village attorney to research the law and check if the zoning board is permitted to consider the impact on the community if this low-cost, rent-stabilized housing is eliminated, and more high-priced apartment buildings are added to the village. Mayor Kreitzman said that SEQRA regulations must still be considered and he emphasized the fact that eliminating low cost housing is "still a very relevant factor, whether or not stabilized apartments are present."

Ms. Shields then stated that there are 27 tenants left in this building, which was originally built for workers at the nearby United States Merchant Marine Academy. She told the board that the remaining tenants have been "ignored" regarding the developer's proposed plan. She said "We have never been told (by the owner) ... like we're not a part of their plans ..." Ms. Shields said that the tenants just can't afford to move. "We have no place to go ... this is insulting, as if we don't exist."

At that point, BZA Chairman Dennis Grossman stated that he and the board are giving this time so everyone "has the opportunity to put this on the record." He reiterated that the board has "limited powers," and that the one consideration, the one decision they can make in this case is whether or not to grant the height variance. And then again Mr. Luskin, the village attorney, said that he was not sure if the board is permitted to consider the relocation issue when they make their final decision.

At that point, Mr. Grossman asked counsel for advice on possible impacts and what the board may and may not consider. The board then went into executive session for advice of counsel.

When the hearing resumed, zoning board member Victor Habib said he believed the board should be able to consider impacts. He said that it is "not in my conscience" to just let the tenants go. Board member Nick Nabavian began to discuss the height issue with Mr. Bloom, but then Mr. Bloom stated that eviction is not possible, the variance is small, and with state pre-emption, "there is nothing for the board to study."

Mr. Habib then raised the current hot issue of finding affordable housing on the peninsula. And he said that the landlord has allowed the Academy Gardens apartment to decay because he wanted to get the tenants out of the building.

The hour was late and Mr. Grossman sought to bring discussion to an end and continue the hearing at a later date. Mr. Grossman said that he does not want to do anything that hurts anyone, and he asked Mr. Luskin if they took this to court and lost, would it hurt the tenants. Mr. Luskin said that the tenants would not be hurt.

And then Mr. Nabavian broached a very real issue: if the applicant dropped the request for the variance, he would then be permitted to build "as of right," and could go ahead without any further approval.

Mayor Kreitzman then spoke up again, stating that a SEQRA (environmental) determination is needed with any application, and it is his belief that eliminating lower price housing is a SEQRA factor. "I'm worried about the future too," the mayor said. And he requested the village attorney to research all such factors.

Several Academy Gardens residents did speak during the hearing, and one did state that he has been approached by the building superintendent regarding taking money to move.

Mr. Grossman then adjourned the hearing until May 1. "The law will speak for itself," he said.