(The following letter was sent to North Hempstead Commissioner of Buildings Don Alberto and is printed here at the author's request.)
The directors of the Manhasset Park Civic Association, Inc., on behalf of our organization and particularly our members on Park Avenue, state our indignation at the arbitrary, specious and incomplete decision that you rendered on April 9 regarding the flagrant zoning violations by the dental practitioners at 72 Park Avenue.
The block where this property is located has been zoned Residence B since the 1920s. This zoning allows a professional practice in a residence as long as there is a practitioner residing on the premises and who has no more than one assistant or employee.
A complaint was filed against the practitioners in January 1997 alleging that:
* the practitioners did not live on the premises
* three dentists were in practice at that address
* multiple employees (three or four) are employed on the premises
Your ruling of April 9 contravenes the zoning code because it failed to:
* Void and nullify the certificate and amended certificate of existing use which was issued in error since there was already a certificate of completion (No. 45-9), permit No. 12281 dated Oct. 26, 1945 on file in the building department which clearly designated the premises as a single family residence and medical office as long as the practitioner resides on the second floor.
* Address the violation of the 1929 zoning code which requires the practitioner to reside on the premises and prohibits the rental of the residence to a tenant.
* Hold current practitioners to the current town code limiting the professional use to "A practitioner and one assistant or employee."
* Hold the practitioner responsible for violations of on-street and off-street parking regulations.
* Hold the practitioner accountable for loose medical waste (red bag materials) that has been scattered on neighbors' property.
* Notify the complainants as to your decision in a timely and appropriate way to allow appeal in accordance with town law requiring the decision to be filed in the town clerk's office.
It appears there has been no enforcement of the existing zoning laws in our community regarding this property despite multiple complaints. The practitioners of 72 Park Avenue are in clear violation of town laws as documented above and even more completely by the complainants.
We await your immediate public explanation to the complainants and to this Civic Association as well as the Greater Manhasset Council of Civic Associations which supports us in this complaint.
Jack Mazzola, Director
Edward Peterson, Director
Richard C. Rodi, Director