Speaking before representatives of regional civic associations and residents on Wednesday night, September 24, Oyster Bay Town Supervisor John Venditto revealed his ambition to make changes in the town's zoning codes which, as a byproduct that he called "coincidental," would be immensely detrimental to the company planning to build a one million square foot mall on the former Cerro Wire property in Syosset.

"Our code has become somewhat archaic," said the supervisor at the meeting, held in Jericho High School's auditorium and organized by the Birchwood Civic Association. "There are many, many provisions which I believe are sorely in need of modifications," he continued, emphasizing that revisions must meet 21st Century standards.

Venditto continued, "One of the changes that is being contemplated includes something that will likely have an impact on the Cerro application. That just happens to be the case."

Calling the proposed code changes "bold and progressive," Birchwood Civic Association member and attorney Howard Avrutine said that the effect on the Taubman Co., a Michigan-based upscale mall developer planning to build The Mall at Oyster Bay along Robbins Lane, would be "profound."

Currently sites such as the former Cerro Wire plant - a defunct copper wire manufacturing plant landmarked by an old brown water tower - are zoned "Industrial H."

Under current town code, developers have much leeway with what they may build upon H-zoned land, though when this code was written decades ago, the town did not envision how development would later boom. "In 1953 when codes were adopted, malls did not exist," said Avrutine.

The current town code failed Jericho and the town earlier this year when a State Court ruled that Westbury Drive-In owners Tom Hogan and Eleanor Lerner were within their rights to have a large multiplex cinema and warehouse store built on their property. It would have the potential of failing again against the proposal of a grand scale shopping complex.

"A use of this magnitude does not belong in an Industrial H property," stated Venditto.

Venditto said that all land proprietors currently need to build these large complexes on H-zoned land is a special use permit, which is not difficult to obtain. Under recodification, no longer would a use of great magnitude, such as a mall, be allowed on any H-zoned property larger than five acres, without a town order for change of zoning - something the town would never give. There Cerro Wire property is 30 acres.

Venditto said that the town would attempt to pass these new codes before 1999. Applications entered even before this recodification occurs would still be subject to the new codes. If recodification takes place either as or after the application reaches the town hearing phase, but before the town board members finalize their votes, the application would be struck down and Taubman would have to issue a new request for a change of zoning. If the application completes the hearing phase, the town votes to reject Taubman's special use permit request, and then recodification occurs, any court that examines an appeal from Taubman will likely have to take into account the new codes.

Because a town supervisor or councilman is forbidden by State Supreme Court decision to pass public comment on any application until it is resolved through a town hearing, Venditto was very cautious with his phrasing, often speaking in the rhetorical. The supervisor insisted that the recodification process he is suggesting was not initiated to thwart the Taubman company, but simply to banish antiquated law. The fact that Taubman would undoubtedly be hurt, he added, is simply an incidental byproduct of that change.

Birchwood's attorneys, however, were far more liberal with their words. "If this recodification is passed within this calendar year, it should certainly suffice to do exactly what we want," said Herb Balin, BCA lawyer.

"[Under] this particular code of the Town of Oyster Bay, this present application pending before the town board stops. It is dead," Balin stated, drawing applause.

Balin explained that when an applicant requests a special use permit, "you the objectants, have the burden of proving something that should make the town board not grant the application." Under the new code, "the owner of the land has the right to petition the town board for a zoning change, but the burden shifts [to the owner]."

Avrutine said that the town's decision to alter the codes did not arise specifically to impede Taubman's plans for a mall, although, he said, "this project might have gotten the town to thinking that certain changes had to be made."

Several residents approached the microphone to reinforce the community's resolve to vanquish Taubman's mall plans. Ex-fire chief Michael Milner warned that a mall or any other major development would significantly hinder the fire department's response time. Other community members expressed concern over traffic consequences and the effect on mom and pop stores.

Venditto, a lifelong resident of the Town of Oyster Bay, fully understood the concerns. "There's a quality of life that all of us expect as Town of Oyster bay residents," said the supervisor. "No one knows better as to what belongs in the streets of Oyster Bay than the people who live there."

He continued, "When all is said and done, you will all be very satisfied with how the Oyster Bay town board handles this matter."