A technical error by the Village of Roslyn concerning the adoption of a rezoning law has thrown that ordinance into temporary limbo. In a surprise ruling last Thursday, New York State Appellate Court voided that section of the Master Plan, claiming that it was put into effect by the village without a proper recommendation by the Nassau County Planning Commission.

The suit was filed by LCS, Inc., the Syosset-based firm which for years had hoped to build a supermarket on an 11,000 sq. ft. piece of land off Skillman Street in downtown Roslyn. LCS brought the suit on the grounds that it should have the right to build under the old village zoning codes. In 1994, the then-board of trustees approved the supermarket plan, only to see it overturned by an Article 78 lawsuit. In 1995, a new board of trustees, with former trustee Janet Galante as mayor, was sworn in. One of its top priorities was the adoption of new zoning codes for the village. This included rezoning the downtown area for residential rather than commercial construction. LCS lawsuits have maintained that the new laws did not apply to its project.

Village Attorney John Spellman admitted he was confused by the ruling, especially since LCS has already entered into a contract with Phillips International to build rowhouse-style residential housing on the same site where it once hoped to construct a Stop & Shop supermarket. No formal plan for the residential construction has been offered to the BOT. However, in recent months BOT members have held conversations with Phillips' officials in anticipation of such a plan being presented. LCS and Phillips may have been inspired in their development plans by Forest City Daly's senior housing project also in downtown Roslyn which only needs Historic District Board approval before it can begin construction.

Despite the ruling, Mr. Spellman said it doesn't foresee the supermarket issue being revisited. In the meantime, the village plans to correct its procedural error. In 1997, when the village was writing the rezoning law, it made amendments after the law had been sent to the planning commission for approval. The village claimed such amendments were "nonsubstantive," but the appellate court ruled they should have been sent to the commission before, rather than after, the law went into effect.

More specifically, the village enacted its new rezoning law two weeks earlier than it should have. That's why the court voided the 1997 law which it has received recommended by the commission. This past January, the village readopted the same zoning law.

Mr. Spellman added that the ruling is not a challenge to either the rezoning law or the entire village Master Plan. The village will file an appeal and begin a procedure to correct its earlier error. It will then readopt the law to where the situation "can't be challenged" by LCS or anyone else. The procedure may take a few months, but once it is completed, "we should end up back where we were," Mr. Spellman said.