Port Waterfront Business District: Moratorium Deal Reached

PORT WASHINGTON, NY — Property owners and Town of North Hempstead officials agreed to extend a two-year construction pause at Port Washington's waterfront business district amid concerns from neighbors who said they need more time to review proposed building code changes. The move comes less than two weeks after officials said at a public meeting the contentious moratorium would not be extended.

In a statement Wednesday, Councilwoman Mariann Dalimonte said Supervisor Judi Bosworth and property owners agreed to extend the moratorium, which was set to expire Sept. 14. The Town Board plans to hold a special meeting to add a board meeting at 7 p.m. Sept. 10 for a public hearing on extending the moratorium until Oct. 30.

A public hearing on code changes was rescheduled from Sept. 3 to the Oct. 22 Town Board meeting. Dalimonte said she will hold two public meetings before that Town Board meeting.

"I will host two public meetings at which we will review the proposed changes to the code and allow for all residents to voice their opinions," she said.

The town has held 19 meetings dating to 2017 on the changes, including a dozen in 2020 alone, Dalimonte said. That includes steering committee meetings, public meetings and Town Board meetings.

"Since taking office on January 1, 2020, I have made it a top priority to ensure that this process is as open and transparent as possible," she said. "To that end, I believe that it is important to extend the moratorium to allow for two more additional public meetings."

The agreement comes after neighbors said at an Aug. 18 steering committee meeting that an extension was warranted given extraordinary circumstances brought on by the coronavirus pandemic and Tropical Storm Isaias. The storm left tens of thousands in the area without power or internet for days.

"Everything has been delayed because of [COVID-19]," resident Rachel Amalfitano said at the hearing. "This is the first decision I have heard throughout the multiple aspects of my life that this is being rushed and pushed down people's throats. I think it lacks a sense of empathy for what people are going through."

Some feared the steering committee rushed the code change process. Others said failing to extend the moratorium could open the door for poorly-executed development down the road.

"We're just concerned given the influence that's on the steering committee to date that there are still some loopholes that could result in a new Knickerbocker right next door," resident Nick Daniello said at the meeting, referring to a boutique hotel overlooking Manhasset Bay. It's the only three-story building in the district.

The moratorium was first proposed in December 2017 by former North Hempstead town Councilwoman Dina De Giorgio to give the community an opportunity to scrutinize zoning regulations. A steering committee was created in the summer of 2019 to help facilitate code changes, with seven members representing neighbors and nine representing commercial property owners. Three of the businesspeople live in Port Washington.

At the Aug. 18 meeting, Dalimonte said a member of the steering committee tasked with determining how best to guide future construction was leaving the 16-member panel.

Highlights Of Proposed Code Changes

• Adds that the waterfront business district also promotes environmental sustainability, hazard mitigation and resilience.
• Allows for buildings to be constructed and properties to use sporting equipment with personal watercraft vessels, such as kayaks and canoes, in addition to other boats.
• Removes catering facilities and farmers' markets from permitted use.
• Allows use for gyms, health clubs, dance studios and similar businesses. Also separates retail grocery stores from retail food use, delis, and other similar stores.
• Removes redundant conditional uses so North Hempstead's Town Board will hear special use cases.
• Restaurants with no direct waterfront would be special use.
• Two criteria added for special use cases for total of six. The Town Board can reject or modify plans that clash architecturally with the neighborhood or don't promote environmental sustainability.
• Vehicle parking allowed for residential buildings at two spaces per dwelling unit. Up to 25 percent of ground level area can be for parking. Short-term bicycle rack parking shall be provided.
• Impervious coverage limit dropped from 70% to 60% to discourage hardscaping.
• Adds buildings must be built on a lot at last 50 feet wide to avoid narrow subdivisions of properties.
• At least 40 percent of units must be designated senior housing and no more than 20 percent of units can have two or more bedrooms.
• Max density for hotel or boatel would be 35 rooms per acre.
• Max height dropped from 45 feet to 35 feet and no building can be higher than three stories. The three-story section can cover up to half the building area.
• Buildings can occupy up to half the lot area.
• Front yard is not required for single-story buildings shorter than 20 feet in height.
• Front yard of at least 10 feet required for buildings over one story or 20 feet in height.
• Every building must have at least two side yards of at least 15 feet in width.
• A rear yard setback of at least 25 feet will be required on the waterfront.
• Building photo renderings must be provided with accurate context.