At its March 12 regular meeting, the North Hempstead Town Board voted 4-0 to approve an amendment to its zoning code to accommodate the Greentree Foundation. The Greentree Foundation is the owner of the 420-acre former Whitney property in Manhasset. The change adds a "permitted use" to the Residential Open Space article, which reads: "Uses carried out by not-for-profit, charitable, eleemosynary, educational or governmental entities, or international organizations primarily within enclosed buildings. Uses permitted under this paragraph shall be limited to conferences, retreats, and other such gatherings intended to bring about the improvement of the human condition and promote international cooperation."

The Greentree Foundation has been using the property for the purposes enumerated in the change of zone. It currently pays $800,000 in real estate taxes and is seeking tax-exempt status. The county assessor denied an application for tax-exempt status and was upheld in court in a recent decision by Judge Ira B.Warshawsky. In his opinion, Judge Warshawsky stated: "In holding that the Assessor properly found from the evidence in the record that the Property is not used exclusively for exempt purposes, it should not be concluded that the Property is not susceptible to use as a highly secure meeting place or place of uninterrupted study and reflection. It may be considered to be well suited to becoming a center for International Transitional Justice or as a center to promote universal human rights and guidance for nations in transition to democracy particularly because of the privacy and security and distance from ordinary distractions. When that day comes the application must be reconsidered."

The Greentree contingent came to Town Hall with a well-orchestrated program. Supervisor May Newburger opened the hearing by stating that the amendment had "created a great deal of response--most supportive, a few in opposition. It is the last large bit of open space in town, perhaps in the county. Anything we can do to protect and preserve it is to be desired."

Greentree's attorney, John Armentano of Farrell, Fritz, introduced Dr. Robert Curvin, president of the foundation. Dr. Curvin thanked the board for working with his group and said that he believed they had come up with a plan to protect very special interest.

Next Kate Whitney, the daughter of Betsey and Jock Whitney, gave a history of the property. She said that Payne Whitney and Helen Hay Whitney first saw the house on their honeymoon. "Jock was born there," she said. "They added property and considered this, not just a country place but their cherished home. They are buried in the cemetery of Christ Church." She went on to describe the gift of land for the construction of North Shore Hospital and the hospital's subsequent growth into a "first-rate medical center available to the community." She stressed the importance of protecting open space and protecting the natural environment. Jock Whitney died in 1982. In 1990 his widow, Betsey, created the Greentree Foundation of which Kate Whitney and her sister, Sarah, and Sarah's husband are trustees. "Our agenda is to fulfill our obligation to our parents," she said. "We are asking that their wishes for Greentree be carried out."

She was followed by Robert Curvin who began, "I should say 'I rest my case.' The meetings we are holding and planning are open only to selected organizations and groups. Meetings are small and will remain small. We do not plan to add additional buildings." Mr. Curvin said that if Greentree's application for tax abatement is approved, the foundation will agree to certain restrictive covenants. Among them the pledge not to develop the property; if circumstances change to give North Hempstead two years warning and the right of first refusal to purchase. The Foundation will also over a period of five years make payments in lieu of taxes to the Manhasset and Great Neck school districts. Manhasset will lose $374,700 in annual school taxes if Greentree receives tax-exempt status, which will amount to slightly more than $70 per residence.

A series of speakers followed Mr. Curvin, representing organizations such as the Sierra Club and Sustainable Long Island. All were in favor of keeping Greentree green and asked the board to approve the amendment.

Attorney Edward Boyle of Flower Hill opposed the amendment calling it spot zoning and "clearly illegal." The trustees of Greentree have other options, he said, such as establishing a land trust. "They want to fence it in and keep us out," he said. "This is not the time to take $800,000 off the tax rolls." (See Boyle letter in today's Manhasset Press.) Manhasset resident James Judge also spoke in opposition. He called attention to Judge Warshawsky's decision. Manhasset attorney Edward Kitt also opposed the zoning change. He asked that the board do a review with the town attorney.

At the end of the evening, with the covenants proposed by Councilman Fred Pollack and agreed to by Greentree's representatives, the board voted 4-0 to approve the amendment. Councilman Thomas Dwyer was not present.