The Levittown Property Owners Association met on May 11, with President Jim Morrow presiding. The guest speaker was a representative from Supervisor Kate Murray's staff, Deputy Town Attorney Tom McKevitt. McKevitt spoke about the on-going issue of the North Village Green church construction plans now on hold.

A public hearing took place before the Town of Hempstead's Board of Zoning Appeals (BZA) on Feb. 5, 2003, with a decision rendered on Feb. 20, 2003 by the BZA. The church is 8500 sq. ft. and like most churches lacks required parking spaces. Due to the requirement of town law for off-street parking, 73 spaces in this instance, the church requested a waiver or variance of this regulation. After hearing the opposing arguments from surrounding neighbors and the presentations of the church's attorney and traffic expert, the board denied the application.

The church's appeal under an Article 78 proceeding to the Nassau County Supreme Court to over-rule this decision was successful, and on Dec. 24, 2003, Acting Supreme Court Justice Daniel Martin reversed the BZA's decision. He declared his reasons to be on the "merits" of the case; that the community complainants offered no traffic expert, that the timing of the review of the site by the church's expert early on a January Superbowl Sunday (when no use was being made of the pool, park, playgrounds or bowling alley) was "unavailing," that traffic congestion was "insufficient," that the "benefit to the church outweighed detriment to the health, safety and welfare of the neighborhood." Further, he stated the issue was one of "parking and not of traffic congestion, of conjecture by the board, generalized complaints," and that the board "violated preferential treatment to which a church is entitled." The judgment was signed last week, according to McKevitt.

The town feels the BZA did an adequate job and Judge Martin is in error, consequently, it will appeal his decision to the higher New York State Appellate Court. This appeal stays the lower court's decision. With the town having six months to file its appeal, and the church another month to file its response, it can take 6 months or even a year before the Appellate Court hears the case. Meanwhile, until the Appellate makes a decision, the situation remains in status quo, that is, no construction can begin.

McKevitt relieved the concerns of homeowners when he stated the town has excellent grounds for its appeal due to two recent events: 1) the Town of Hempstead has just won a victory in the Court of Appeals in Albany, the state's highest court, on a decision which declared a zoning board does not need an expert witness for a denial, and 2) the town has recently enacted a new law restricting development of commercial property on two-lane streets without a special permit from the zoning board. This is to prevent and reduce traffic congestion on heavily used streets. "This gives the zoning board more leeway in its decisions," according to McKevitt.

LPOA members questioned McKevitt about arrears in taxes on the North Green property. He stated $77,000 in back taxes are owed, going back to 2002. Wachovia Bank purchased half the liens, Nassau County the other half. If the church doesn't pay these back taxes, the bank can foreclose and own the property. This is neither a quick nor easy procedure which can take three years, he said. They have three years to pay back taxes. The county treasurer holds the liens, as the town has no authority here. As for worries about possible asbestos at the site, McKevitt says this is a matter under state jurisdiction. The town also cannot clean the area, only cut the grass and/or maintain sidewalks and bill the owner.

The town has hired an attorney experienced in such cases to represent it, Peter Sullivan of the Garden City firm of Berkman, Henoch, Peterson and Peddy, P.C.

As for new business, there were complaints about the broken curbs and sidewalks on Hempstead Turnpike in the Plainedge/Levittown area. Also, there is considerable concern about the upcoming school budget vote on May 18 and how it will affect taxes.

The next meeting of the LPOA is on June 8, 2003 at 7:30 p.m. in the Levittown Library.