As the first civic group in the Town of Oyster Bay to organize to stop the "urbanization of suburbia", the moratorium proposed by the Save the Jewel by the Bay will be the first of a town-wide attempt to preserve the character and quality of life in the township. That announcement was made by Town Supervisor John Venditto at the Sept. 27 town board meeting to the applause of civic leaders from Oyster Bay, Syosset, Massapequa, Glenwood Landing and Glen Head.

The proposed six-month moratorium on residential development in the hamlet of Oyster Bay is an attempt by the local residents to maintain the quality of life in the hamlet in which zoning board decisions are allowing undersized lots and oversized houses to sprout up in the historic village, founded in 1653.

David Portman of Fredric P. Clark Associates, the town's planners said the township is concerned with development, demolitions and re-development that are hurting the character of existing neighborhoods. The proposed moratorium will be on issuing building permits, demolition permits and subdivision approvals and during that time, under consideration will be lot area, dimensions, and set backs for new houses. He plans to meet with community groups to discuss the problems and the solutions.

Mr. Portman said they planned to grandfather in four applications in the works for proposed houses on Berry Hill Road, Singworth Street, Park Avenue and Summers Street. When a resident asked for the street addresses of the proposed exemptions to the moratorium, Mr. Venditto was alerted that residents were surprised at the town considering those applications to proceed in light of a proposed moratorium. The supervisor said the board would consider the residents' concerns. [The board is slated to discuss the issues on Oct. 18.] Mr. Venditto said the board had been ready to vote on the moratorium that day, but with the request of residents not to grandfather the four properties as well as other changes, they decided to wait and discuss it further. He said the considerations include understanding that, "Developers have the financial resources to fight a moratorium as well as the ability to look at it creatively and find loopholes in the law."

Mr. Venditto said that as a lifelong resident of Massapequa he is familiar with the changes in the township over the past 40 years. He said, "As town supervisor I can't turn the clock back. The process of subdivisions has brought us here. Anything in excess is unhealthy and extreme and alters the character and personality of this town. We tried stopgap measures one year ago but pretty good lawyers find ways around them. If we are going to stop building every square inch of the Town of Oyster Bay we have to devise a way not to impact on the character of this township. We are at a crossroads, right now."

Town Councilwoman Mary McCaffrey asked David Portman of Frederic P. Clark Associates, the town's planner, if after his deliberations the town could set up Community Character Legislation to keep development at a reasonable pace through zoning legislation as was done in the Town of North Hempstead where, she said, they have forestalled excessive development.

Mr. Portman said his firm had helped re-zoning in Greenvale and in Locust Valley along Buckram Road to deter development that can change the character of an area and that the town recently enacted legislation to stop flag or panhandle lots. "Hopefully since the Oyster Bay hamlet group targeted this issue we can address the problem here. Doing it town-wide might be difficult so we will study it here." He will first do an analysis of the hamlet including the location of historic sites and then will meet with community groups. He added that the moratorium was not stopping the addition of decks, pools or windows - just not major additions.

Mr. Venditto said that the town had learned from their Vision 20/20 attempt to create a master development scheme for the entire Town of Oyster Bay. They tried to divide the township into three groups, the north shore, south shore and middle town areas but found it didn't work on a townwide basis. He said, "This is a very diverse town and we found out it would be better to find out what each area wanted." They decided to break it down into hamlet plans for each community. They have done that with Oyster Bay, Hicksville, Syosset and Glenwood Landing and are continuing across the town.

He said of the urbanization of suburbia - "This is different. It cuts deep across the township, it is a more universal problem."

Mr. Venditto said that the town would have six months to analyze, review and find what safeguards are needed and where it is needed. [If needed, the moratorium study can be lengthened another six months.]

Ben Jankowski, one of the three co-founders of Save the Jewel By the Bay (SJBB) reminded listeners that it was the destruction of Penn Station that alerted New Yorkers for the need to save Grand Central Station. He said, "The town board and the community has to work together on a preservation process for good stewardship for the hamlet."

Rita Pecora of SJBB mentioned some of the possibilities available to use for preserving the hamlet included the White House Campaign, Preserve America and the HGTV grant of $1million to restore 12 historic sites nationwide. She quoted Robert MacKay of the Society for the Preservation of Long Island Antiquities who said that Long Islanders realize that history adds vitality to downtown communities. Ms. Pecora said, "Other people are doing something to preserve their history. What are we doing and what are we going to do?"

Her concern to save the jewel began with her appearance before the town's ZBA meeting on June 2 to protest a variance. "After the meeting the ZBA told me the request was likely to be approved. They said it was due to the threat of lawsuits. I told them they were saying 'Oyster Bay was a lost cause.' So I went to the press and my phone rang off the hook with good wishes." Ms. Pecora met with Kathy Prinz and Ben Jankowski and the three, she said, "Knew it was time to not only speak out but to act."

She said that the New York State Office of Historic Preservation did an inventory of the architecture of Oyster Bay and it contains a wonderful array of architectural styles. "The real jewel of Oyster Bay is its architecture," she said.

After marching in the Fourth of July parade the response from the crowd showed them they had struck a chord with the community. She said, "Preservation is not what smart people do when they can afford it, it's something they can't afford not to do. If we don't the lovely older homes that give future generations a sense of where we came from will be lost. Our responsibility is to future citizens. I am asking you to save this hamlet. Say no to zoning requests or make them stronger."

There were cheers and applause after she spoke.

Mr. Venditto assured the audience that the actions of his board have already shown a willingness to improve the quality of life issues in the town when purchasing the Underhill property, the Liberty Industrial site and the Western Waterfront. He added the township is in excellent financial condition and said "When we want something we have to put our money where our mouth is." [He said the town is working to acquire the Mill Pond Overlook property as part of a larger settlement with the Lizza family involving their asphalt business in Hicksville. There is also a Lizza proposal to build a senior citizen facility in Hicksville.]

Kathy Prinz of SJBB said their grass roots movement for a moratorium had produced a petition of 1,300 signatures. She said that the moratorium will allow time to focus on the issues and the needed education process on what can be done and offered the town their help and that of the Oyster Bay Historical Society, Locomotive 35/Oyster Bay Rail Road Museum and the Friends of Raynham Hall - "for the future of the neighborhood."

She added an appeal to save estate trees. Ms. Prinz said, "Take whatever force is needed to preserve any further loss of our growth trees in the hamlet. They can never be replaced in our lifetime." She said many people were willing to come forward and speak on the issue as she presented the board with the petitions, she called, "the voices of 1,300 people asking to save the Jewel by the Bay."

Marie Knight, president of the Oyster Bay Civic Association (OBCA) said she was opposed to the subdivision proposed for a property on Berry Hill Road and Singworth Street. "I wouldn't sign [the petition for the variance] and it was approved on Aug. 26. It does not have final Nassau County Planning Commission approval." The ZBA allowing homes to be built on lots with undersize frontage was going against what the Hamlet Plan tried to maintain, she said. Applause followed her statement. She said the OBCA supported a moratorium, protecting, changing zoning and codes and was against "McMansions."

Laura Schwartz of Residents for a More Beautiful Syosset (RMBS) was concerned with "McMansions," supported the SJBB and asked that the moratorium be extended north into the hamlet of Syosset. Robert Rockland, president of RMBS said, "Keep the suburbs suburban."

Patrice Beneford represented Glenwood and Glen Head saying they were in favor of maintaining their neighborhood's unique characters, by halting the "Box-like houses with small set backs, slopes gone and old houses demolished. We hope the resolution passes and is the start of a bigger movement that Glenwood Landing and Glen Head can join."

Bud Rappuhn of the East Norwich Civic Association asked that the town copy a new steep slope law in Huntington to protect property against over-development and to protect the north shore hills. Mr. Venditto said they were looking into it already.

Caroline Du Bois of Oyster Bay Cove, representing Action for the Preservation and Conservation of Long Island, asked for a one-year study for the moratorium; that density be based on the carrying capacity of the harbor and at some point, to limit the number of people possible to live in this area. She suggested cluster zoning and bed and breakfasts and two-family zoning as a possible way to save larger older homes.

Kyle Rabin, Friends of the Bay executive director supported the SJBB, which is in line with their mission statement of protecting the Oyster Bay/Cold Spring Harbor/Mill Neck Creek and Oyster Bay National Wildlife Refuge area. He said the proposed developments were a new threat to them as noted by the Oyster Bay Sewer District in their recognition that new developments can affect the water quality.

Mr. Venditto said the town is in negotiations with the Lizza representatives on the Mill Pond Overlook property that borders on the National Oyster Bay Wildlife Refuge. "We are very close - even days away from acquiring that property." There was applause and some shouts of approval. It is part of their agreement with several Lizza business properties. "The town is putting the package together. We don't know what price to put on saving the environment," he added.

Matthew Meng, ENCA president, added their support to the SJBB and said the moratorium should be taken to a larger area of the township including Muttontown and East Norwich and other areas that seek to retain their history and to stop the adverse affects to the community at large that seems to be spiraling out of control. He said of the hamlet of Oyster Bay, "A community has to decide what it wants to be. Do they want to be a Greenport or a Roslyn? This will be a defining moment for the hamlet." He added that environmental referendums have been passed by 80 percent of the voters.

Lisa Ott, director of the North Shore Land Alliance congratulated the SJBB and added, "We are the only township that has any open space. We need a comprehensive master plan," and added that NSLA would like to help create one.

Wally D'Amato of Nassau Shores Civic Association of Massapequa said there are development problems there too. "Growth is good but not conducive for the area." Builders and realtors are looking to make money but the result is a disgruntled neighborhood and a new person who has moved in and no one will talk to them."

Councilman Angelo Delligatti said that what must be done is to find a way to know if a parcel is smaller than called for but buildable and to create legislation to downsize lot coverage and sq. footage for side, rear, and front set backs so that people can't built houses larger then everyone around them. There was applause for his statements.

Les Anderson of Massapequa mentioned that the town web site lists the calendar of hearing dates for appeals and variances now. [Previously they were posted in the lobby of town hall.]

Sondra Cameron of Oyster Bay said she was concerned about the Lizza property saying that she was hoping to get into the senior citizen housing proposed there. "I'm for the moratorium but you should build senior citizen housing here. Find a place on South Street or make the AvalonBay site for seniors."

Frank Murdock questioned the proposed exceptions from the moratorium and added he was concerned about losing old, large trees.

Attorney Jonathan Moore recalled the loss of three historic homes in the hamlet, one on Lexington Avenue that is now the location of Top of the Harbor; another house was on the site of TOB housing authority and another at the Roosevelt Elementary School. He spoke about additional traffic created by subdivisions that make it difficult to turn on to Route 106 from Sugar Tom's Road. "You can't make a right turn there," he said.

Mary Jehrsdoerfer said she received no ZBA notification of the proposed house on Singworth Street. She asked the board to re-consider the exemptions to the moratorium.

Planner Portman said the issues were complicated. "In my experience, when people who have dreams of subdivisions and mansions - it's a more complicated issue. We will hear the other side of the issue if this is proposed. The important thing is for the town not to be seen as arbitrary or capricious in their decisions - to keep them out of court."

The town clerk received a letter from the Long Islanders Builders Institute calling the moratorium "draconian" and questioned its duration and need saying, "The study area is relatively confined and the duration is limited. But, a moratorium affecting building permits is the worst kind. The impact falls on homeowners in advanced stages of planning an expansion, homeowners selling their homes to someone who desires to expand and to builders just about to get building permits. Every day's delay costs jobs, sales and can waste precious investments in architectural drawings conforming to existing rules."

Robert A. Wieboldt, LIBI executive vice president added, "Another deficiency of the proposed statue is its failure to include a hardship provision. Applicants should be permitted to apply to the town board for a hardship determination during the moratorium and expect a prompt answer. Almost every local moratorium law enacted in the last few years contains such a provision, following N.Y.S. Dept. of State guidelines." He said the LIBI could recommend alternatives to the moratorium which "provide for site plan reviews on individual lots or additional standards for lot development. The current moratorium is not the way to go."