The Manorhaven Board of Zoning Appeals must wake up, read the zoning laws, and ask for written proof before allowing Peter Dejana, local businessman and developer, to build his “out of code,” three-story apartment building on Manhasset Isle, a two-story community.
The board must require Dejana, a millionaire, to show proof: 1. that he cannot realize a reasonable rate of return on the property by building according to code; 2. that the non-conformity proposed is not too great compared to the lawful dimensions allowed by the zoning law; 3. that the plight of the owner is due to some unique circumstance; 4. that the development will not alter the character of the neighborhood; and 5. further explain why this is not a self-created difficulty.
Dejana seeks a “special use” permit for a mixed use-development in the E-1 (Enterprise) zoning district in accord with section 155-24 (A) 22 of the Manorhaven Village Code. The applicable laws are readily available for the Manorhaven Board of Zoning Appeals to read and learn on the New York Department of State online Zoning Law publication: Https://www.dos.ny.gov/lg/publications/Zoning_Board_of_Appeals.pdf.
The Manorhaven Board of Zoning Appeals must listen to the overwhelming objections of residents, apply common sense, and follow their sworn duty to obey the law.
Too often our board is informal to the point where its actions may be invalid, thus allowing courts to uphold legal challenges via Article 78, a redress of grievances for citizens against a governmental action, which helps protect the rights and welfare of the community.
Caroline DuBois
Acting Secretary, Manorhaven Action Committee
Manorhaven
