WHEREAS, the Hillside Islamic Center (the “Applicant”) (the “Application”) has applied to the Town Board of the Town of North Hempstead (the “Town”) to construct a three-story 6,600 s.f. addition to an existing two-story 5,428 s.f. religious building, including expansion of the parking lot into three adjoining parcels and the installation of three new curb cuts, on a 0.88-acre lot located at 300 Hillside Avenue, New Hyde Park and identified on the Nassau County Land and Tax Map as Section 8, Block 3, Lots 6, 11 and 13 and other lots as noted in the Application (the “Premises”); and
WHEREAS, it was determined that the Application is subject to site plan review pursuant to § 70-219(A)(1)(a) and (e) of the Code of the Town of North Hempstead (the “Town Code”); and
WHEREAS, the Town Clerk, pursuant to and in accordance with Town Code § 70-219(F)(1), has published notice of a public hearing scheduled for June 6, 2023 for the site plan review (the “Public Hearing”), as authorized and directed by the Town Board pursuant to Resolution No. 273- 2023, adopted on May 2, 2023, which hearing was continued to July 11, 2023, August 8, 2023, September 5, 2023, October 3, 2023, November 14, 2023, December 5, 2023, January 9, 2024 and further continued to January 30, 2024; and
WHEREAS, the Town’s Department of Building Safety, Inspection and Enforcement (the “Building Department”) issued a Notice of Disapproval on August 15, 2022 citing the following items: (1) the application requires site plan review pursuant to Town Code § 70-219(A)(1)(a) for the construction of an addition to an existing structure of greater than 750 s.f. of floor area; and (2) the application requires site plan review pursuant to Town Code § 70-219(A)(1)(e) for a change in the number of site access/egress points, entrance/exit drives or curb cuts or a relocation of an existing access point by more than 20 feet; and
WHEREAS, this Board has carefully considered the Application, testimony and other relevant evidence at the Public Hearings held on June 6, 2023, July 11, 2023, August 8, 2023, September 5, 2023, October 3, 2023, November 14, 2023, December 5, 2023, January 9, 2024, and January 30, 2024, and afforded all interested persons the opportunity to be heard; and
WHEREAS, after the close of the public hearing on January 30, 2024, Supervisor DeSena offered a resolution to approve the Application for Site Plan Review, subject to certain conditions and to make a SEQRA determination that the project was an Unlisted Action and to adopt a determination of significance that the project will not result in any adverse impact on the environment, which resolution, as proposed, was not approved, with two (2) Councilpersons voting Aye, and the Supervisor and three (3) Councilpersons voting Nay, and one Councilperson Abstaining.
WHEREAS, pursuant to Town Code § 70-219 (B)(3) this Board now wishes to render a decision disapproving this Application.
NOW, THEREFORE, BE IT
RESOLVED that this Board finds that the Application and site plan are not in compliance with Chapter 70 of the Town Code, and this Board further finds that the site plan is inconsistent with the spirit and intent of Town Code § 70-219; and be it further
RESOLVED that the Board adopts the Findings of Fact annexed to this Resolution; and be it further
RESOLVED that, pursuant to Town Code § 70-219(B), the site plan is hereby disapproved; and be it further
RESOLVED that a copy of this Resolution and the Boards Findings of Fact annexed to this Resolution shall be filed with the Commissioner of Building Safety, Inspection and Enforcement (the “Building Commissioner”), and with the Town Clerk.
Dated: Manhasset, New York
March 12, 2024
The vote on the foregoing resolution was recorded as follows:
Ayes: Councilperson Adhami, Councilperson Scott, Councilperson Walsh, Supervisor DeSena.
Nays: Councilperson Dalimonte, Councilperson Liu, Councilperson Troiano.
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