In a ruling handed down on June 25, State Supreme Court Justice Stephen A. Bucaria annulled the approvals which the Plandome Village Board of Appeals had granted to Plandome Country Club for the construction of a new "caddy shack." Residents of Circle Drive in Plandome Manor brought the suit, which challenged the BZA approval. In January of 2001 the BZA gave the Club a variance and building permit for this construction. Residents of Circle Drive in Plandome Manor, the homeowners who live nearest the building in question, complained that they had not been informed of the Country Club's plans. The residents also objected to the size and location of the building. The BZA responded that all legal notices required had been published and that it was not Plandome's responsibility to notify the residents of another village.

The residents' suit asked the court to annul the approval because the board had granted it without first referring the application to the Nassau County Planning Commission. The Village of Plandome moved for an order dismissing the complaint on the grounds that the Plandome Manor residents had no standing to sue because they were not residents of Plandome. The Plandome BZA subsequently did give notice to the Nassau County Planning Board, which returned it without objection.

In August of 2001 the Plandome Board of Zoning Appeals reheard the case. At that hearing the Plandome Manor residents and their attorney, Mr. William DiConza, addressed the board. According to Mr. DiConza, "The board simply readopted its prior approval, despite the many legal arguments presented challenging its jurisdiction to do so, including the fact that the building is for a non-residential use in a residential zone and, therefore, required a demonstration by the club of the extreme hardship it would suffer if the application were denied. Additionally, State environmental laws required that the building undergo a complete environmental analysis as part of the approval process. Mr. DiConza accused the BZA of "dereliction of duty." Plandome Mayor Scott Wilson said that the Plandome Manor residents and their attorney were heard "but when the outcome once again was not to their liking, they filed another Article 78 action asking for a reversal on various grounds." (See Mayor Wilson's letter to the editor on page 16).

The Supreme Court has ordered that a hearing be conducted on July 29, at which time the Plandome Country Club will be required to present evidence as to why a preliminary injunction should not be issued barring any use or occupancy of a newly constructed building at the club pending new zoning hearings and the preparation of an environmental impact statement.

William A. DiConza, who represented those challenging the board and club's actions said: "We are pleased that the court has ordered a prompt hearing on this matter. Having already decided that the building is illegal, the court should now complete the process and order the building vacated until such time as it is either legalized or demolished."

Mayor Wilson says that treating the issue as a use variance places a greater burden on the applicant. "We expect the club to appeal and vigorously argue against this decision."

Plandome County Club's attorney, Timothy Higgins, was out of town and not available for comment.