Port Waterfront: Moratorium To End; Steering Committee Member Out

PORT WASHINGTON, NY — A development moratorium for Port Washington's waterfront business district will not be extended, and a member of the steering committee tasked with determining how best to guide future construction is leaving the 16-member panel.

The dual announcements came at a public steering committee hearing Tuesday night as neighbors demanded more time to consider the sweeping proposed building code changes, which included lowering maximum building heights, requiring rear walkways and side yards, and banning rooftop and outdoor deck lounges above the ground floor.

"The moratorium is not going to be extended," Town of North Hempstead Councilwoman Mariann Dalimonte said. "We’re going on three years. The moratorium is temporary."

Dalimonte and Michael Levine, planning commissioner for the town, joined members of the steering committee Tuesday night to present the latest proposed code changes. The two-hour meeting was held via Zoom video conference. While the chat function was disabled, residents were given 3 minutes to speak and voice concerns or questions.

Dalimonte kicked off the meeting by issuing a statement that a private steering meeting was held Monday to address a controversy surrounding one of the members. The councilwoman clarified that William DiConza, who represents 413-415 Main St., did not misrepresent himself as counsel during a previous meeting. Rather, the councilwoman mistakenly introduced him as an attorney and an aide noted as such in meeting minutes. Following the confusion, DiConza told Dalimonte in a letter he expressed regret for the distraction and would voluntarily leave the committee following the meeting Tuesday night.

DiConza couldn't immediately be reached for comment.

Neighbors questioned the extent of his involvement in the committee's decision-making process, but Dalimonte did her best to assuage those concerns, noting that a "substantial majority" of committee members said he did not improperly influence them. She called attempts to discredit the steering process a "sensational sideshow."

During a heated question-and-answer session, Dalimonte said she called for the closed-door meeting out of respect for the DiConza's privacy.

"I have a soul. That’s how I was raised," Dalimonte said, adding: "That’s someone’s son. That’s someone's father. Let’s have a heart. People make mistakes in life. Move on."

Following the announcement, Levine outlined proposed changes to the town's building codes that it hoped would bridge the gap between residents and business groups.

He and Dalimonte stressed the waterfront district, which encompasses the area on Main Street from Louie's at Prospect Avenue south to Dolphin Green, is private property, and the owners are guaranteed certain rights.

"They have a right to reasonable return," Levine said, referring to profits.

To that end, the steering committee looked for common interests and points of agreement where possible. Talks included negotiations, trade-offs and compromises, on both sides.

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.

Several neighbors out of 67 participants in the meeting spoke on the plans. Many echoed sentiments that another extension of the development moratorium was warranted given extraordinary circumstances brought on by the coronavirus pandemic and, to a lesser extent, Tropical Storm Isaias, which 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. "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 was rushing the code change process, while others expressed concerns that failing to extend the moratorium could enable 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, referring to a boutique hotel overlooking Manhasset Bay that's the only three-story building in the district.

The moratorium was proposed in December 2017 by Dalimonte's predecessor, 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, though three on the business side live in Port Washington.

The pause on new construction has been extended several times, including during the pandemic, and six public meetings have been held in 2020 on the matter. The committee has drafted 10 versions of a new proposed code, Dalimonte said.

A public Town Board hearing is planned Sept. 3. The moratorium expires Sept. 14.