A Word From The Publisher

The nine story Winston condominium project which was recently approved by the Mineola Board of Trustees was again a topic of discussion at the Garden City Village Board's meeting last week.

We have heard comments recently which admired the way Mineola got concessions from the developer of the project in exchange for a much greater density of units. Specifically, the Winston project will have a density of 141 units per acre, which is much greater than anything else in Nassau County. In exchange for this concession, Mineola will get a 36 unit senior housing development, a new fire truck and municipal use of one of the parking garages.

For those readers who are wondering how a project like this could have been approved, Mineola was able to cut this deal under a New York State law which allows Villages to create zoning districts in which "incentives or bonuses" may be awarded to developers who provide certain "community benefits or amenities." The only requirement is that the Village must perform an environmental impact study when it creates such a district. The law says, "The village board of trustees shall, in designating such districts, determine that there will be no significant environmentally damaging consequences and that such incentives or bonuses are compatible with the development otherwise permitted." (Article 7, section 703)

Furthermore, if a Village wants to grant concessions to a developer, but can't come to an agreement on what amenities it wants in return, the Village may accept cash from the developer instead.

In the case of the Winston development, Garden City's Planning Commission has the right to approve or disapprove the development because it is within 300 feet of the villages' boundary (based on section 1610 of the Nassau County Charter). However, if a future development does not fall within that distance, there is probably nothing a neighboring village could do.

One person we spoke with referred to the law as "zoning for hire" and we have to agree. Zoning laws were created to protect landowners from having incompatible development next door. What is the point of having zoning at all if, in the future, a Village Board can simply sell those protections to the highest bidder?

Meg Morgan Norris

Publisher