The Save the Jewel by the Bay (SJBB) is asking supporters to attend the Tuesday, April 11 meeting of the Nassau County Planning Commission regarding the request of Andrew Woodstock to build two houses on a lot at 124 Summers Street.

Mr. Woodstock is asking for a waiver on his plans for a subdivision. He hopes to build two houses on a site that is short of the minimum frontage needed. He is building on a 100 ft. x 150 ft. lot and the current ordinance states that the frontage for each lot should be 60 ft.

The project fits the definition of what brought about the need for the Town of Oyster Bay to create a residential moratorium since the two houses will be twice the size of the original and have about four times the living space. The new footprint will cover twice as much open space as the one house previously on the site did.

On Oct. 18, 2005 the Oyster Bay Town Board voted to approve the moratorium on residential building in the hamlet. [On April 11 they are holding a town board hearing to extend the moratorium for another six months while they study zoning regulations. At the original hearing, Oyster Bay Town Supervisor John Venditto said the overbuilding issue is happening townwide and that solving Oyster Bay's problem will be a test case for the town.]

While the moratorium noted several exemptions, it did not mention the Summers Street project or one on Kellog Street. Two days after the moratorium was passed (on Oct. 18) a notice of rejection was sent to the Woodstock Group on Oct. 20, 2005 from the department of planning and development because it has less than the minimum frontage which is 60 ft. They were then scheduled for a TOB ZBA hearing on Nov. 11. A town spokesperson explained why the Woodstock project was not listed as exempt from the moratorium. The spokesperson said, "the project was in the pipeline when the moratorium was enacted."

Shortly after the moratorium was enacted on Oct. 18, a different project on Kellog Street surprised Save the Jewel when the house was razed on Saturday, Nov. 5. It appeared to be another exception to the town's original statement that four properties were exempt from the moratorium. That day the homeowner told the press that he had all his permits. On Monday, Nov. 7, Town Hall confirmed that the permits were granted on May 18.

On that Saturday, Nov. 5, the Save the Jewel representatives called the Oyster Bay Civic Association hot line for answers on the demolition process. At first it was thought demolitions were not allowed on Saturdays. A town spokesperson said later that demolitions are allowed on Saturdays but not on Sundays and holidays.

"The demolition permit should be posted where it is visible," said a town spokesperson. That was not the case with the Kellog Street demolition - which would have answered the questions, since the permits are always dated.

The Town of Oyster Bay voted on their moratorium for the residential area in response to the kind of development that has been happening across the township. Since the residential moratorium was declared, the Oyster Bay Historical Society and the Friends of Raynham Hall Museum jointly held a panel discussion on preservation. It was followed by two SJBB workshops, the first on zoning and the next on preservation and landmarking. They are currently planning their next workshop topic, to be announced.

Members of SJBB, Ms. Prinz and Ms. Pecora, are becoming experts in zoning regulations. Ms. Pecora explained, "Whenever a subdivision is created - whenever a developer is going to create a second tax lot it has to go before the Nassau County Planning Commission, even though Mr. Woodstock has an approval from the TOB ZBA he can be turned down by the planning commission." The project cannot proceed without the approval of the NCPC.

Knowing that, Save the Jewel By the Bay organizers Kathy Prinz and Rita Pecora attended a February 2006 meeting of the Nassau County Planning Commission where the Woodstock subdivision for 124 Summers Street was on the calendar. They asked for a continuance and were granted one for March 17.

Residents in the Summers Street area attended the NCPC March 17 meeting, unfortunately the board did not have a quorum and therefore there was a second continuance granted for the case. It will be heard on April 11, in Mineola at One West Street at 6:30 p.m. and is the first item on the agenda.

The case remains the same except that Save the Jewel is learning more about the processes involved. Ms. Pecora said, "The lot at 124 Summers Street is currently 100 x 150 ft. but with only 105 ft. in depth that is useable due to a back yard slope. It is about the last 35 to 40 ft., that has a severe slope that backs onto houses on Wood Drive. Currently Oyster Bay has no slope laws on the books. I believe that both Mill Neck and Cove Neck do and most of the surrounding villages do. If not they are in the works," said Rita Pecora. "The incorporated villages have taken the lead in this." The importance of slope guidelines is that it determines how steep a grade is to be allowed in a property.

For instance, in the Village of Oyster Bay Cove there are slope figures for how steep the grade can be for a road and how steep land can fall away from a road. These figures are important when a site is being developed.

Ray E. Garcia, a resident of Summers Street explained the problems he sees in the subdivision. He said, "That would make the Woodstock lots subdivided into 50' x 105', [when you only consider the area of land before the slope] which is not enough to allow the required footage for a house of 3,300 sq. ft. which he proposes to be built on each property. There is not enough room to build these McMansions. Three McMansions have already been built on Summers Street and nearby Singworth Street, all on undersize lots. Oyster Bay town code calls for a minimum of 60'. How did this happen?

"As a concerned citizen and parent of two children I can't see how this can be done to our beautiful community. It is literally changing how 'Oyster Bay' looks. It is happening everywhere, not only in Oyster Bay but all over Long Island and nationwide."

He said, "The next planned Nassau County Zoning Board meeting is April 11, 2006 in Mineola at One West Street. If you can not attend to voice your opinion there, you can write to: The Honorable Lewis Yevoli, Chairman, Nassau County Planning Commission, 400 County Seat Drive, Mineola, NY 11501."