Seek Law To Di Names Of Zoning Petitioners
Leland Badler, candidate
of the Tobay Independent
and Democratic parties for Town
Council in Oyster Bay, this week
called for radical changes in the
notice and disclosure provisions
regarding zoning in the Town of
Oyster Bay,
He condemned the Republican
Town Board for permitting spot
zoning and erosion of residential
values in the Town. Referring
to the Lslip scandals, he said
that the Town of Oyster Bay
must protect itself from the abuse
of the zoning power by profit-hungry
public officials in the
future. He recommended the following
changes:
That all applicants before the
Town Board of Appeals or the
Town Board who are businesses
using an assumed name, or
corporations, or partnerships,
be required to disclose the names
and addresses of all officers,
directors, stockholders, partners,
and all persons having
any financial interests, direct
or indirect.
That the Town Board require
applicants to post notice of zoning
hearings at conspicuous places
on the property involved.
That night hearings be held
as to any zoning matters of
substantial public interest.
That the attorney handling the
matter sign an affidavit setting
forth all persons sharing in the
fees and the amounts.
Meanwhile, Town Board Majority
Leader Ralph J. Marino
this week directed Town Attorney
Bernard F. McCaffrey
to begin drafting a local law
that would mandate full public
disclosure of the names of all
officers and stockholders of
corporations seeking zoning
changes before the Town Board.
The Town of Oyster Bay would
become the first Town in Nas-
For Your
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Convenience
Service
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County
Clerk
Franklin H.
ORNSTEIN
Vote Row B
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Paid for
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sau County to adopt such a law.,
Marino said, " ft is in the
best interests of the Town and
the community in which a proposed
change is requested that
we have the complete facts on
those who seek changes of zone.
At the present time the Town
Board requires that all owners
of property residing within 300
feet of the proposed change of
zone or special use permit be
notified by the petitioner's attorney
via registered mail within
seven days of the scheduled
public hearing of the subject
change. Notices are also sent
to Boards of Education and posted
in public libraries.
" I view this local law as not
only essential to the strengthening
of our zoning code but also
as necessary if the Board is to
have full information on any proposed
change before it renders
a decision. The law," Marino
continued, " should include the
names of all of the officers and
stockholders of the corporations
seeking the change, in addition
to those corporations who have
contingent contracts with land
owners which are only affected
if the zoning change is mandated.
Many times," the Majority
Leader pointed out, " we are
unaware of the real owners of
the property because these requirements
are not mandated by
law. I see no objection," Marino
added, " on the part of any
corporation or individual seeking
a change to making a full
disclosure to the Town Board
of the owners of the property
in question. I would go a step
further and require that all petitioners
include plans for the
development of the land on which
a change has been requested.
In this way the community involved,
those most affected by
the requested change and the
entire Town will have an opportunity
to get the full story.
The Town Board will also be
better fortified to review applications
on the basis of overall
effect and desirability of the
proposed change. This is a necessary
step in the protection of
the suburban characteristics of
the Town of Oyster Bay."
The Majority Leader directed
the Town Attorney to confer with
other state and local officials
in the drafting of the proposed
law.
Supervisor Michael N. Petito
called for tightening of requirements
on Zoning Applications in
the Town of Oyster Bay and
throughout the State of New York.
In the light of recent newspaper
articles about the Township of
lslip, focusing attention upon zoning
irregularities at the Town
level, Petito is urging that all
attorneys who are interested directly
or indirectly, in the application
make full disclosure
of all interested parties, attorneys
and fees.
In this regard, Petito has recommended
to the Judicial Conference
of the State of New York
that the Courts require attorneys
to file statements on Zoning
matters as presently required in
condemnation cases and negligence
cases. The result of this
new rule governing the conduct
of attorneys in zoning cases would
serve to protect the public against
secret and hidden arrangements.
Further, Supervisor Petito
proposes, that all members of
the Town Board, the Town Board
of Zoning appeals declare that
neither they nor any members
of their immediate families have
interest directly or indirectly
in a case coming before the
Town. This recommendation, Petito
said " will close a loophole
so that immediate members
of families holding interest
in real property will be a matter
of public record."
The Supervisor also said that
he is going to call on local legislators
to pre- file a bill in the
1968 State Legislature which
would require the owners of a
real property which have been
subject to a change of Zoning in
which there has been a substantial
profit realized as a result
of change of zoning, to file
a statement with the appropriate
County Clerk and file a copy
of that statement unon the New
York State Income Tax Bureau
and the Attorney General of the
State of New York.
This statement would be required
in all cases where a net
profit of 2S% or more has been
realized on parcels of land where
a change of zoning has been
granted.
The prupose of this recommendation,
the Supervisor stated,
is to give notice to the State
Authorities on parcels of land
where a large windfall profits
have been realized by land speculators
due to such changes of
zoning.
Furthermore, Petito is submitting
a resolution to the Town
Clerk tomorrow for action at
next Tuesday's meeting which
would require full disclosure by
all zoning and similar applicants
by corporations and partnerships,
indicating the identity of
all persons having an interest
CALL
NICKERSON
in the corporation and the extent
of their interest. This would be
full and true disclosure of all
real parties interested in zoning
matters.
This proposal calls for such
information to be contained in
the petition filed with the Town
Clerk. In addition, the attorneys
for the applicants should be required
to file an affidavit with
the Town Clerk prior to the
date of hearing, indicating any
and all attorneys involved in the
application in any capacity whatsoever,
and the extent of their
interest.
Petito is recommending that
all town employees, upon commencing
employment with the
town be given a copy of the town
Code of Ethics and that they
sign a receipt for this, so that
it cannot be denied that they
are aware of the town's Code of
Ethics.
Senior Citizens To Meet On Fridays
The Plainedge Senior Citizens
will meet on Fridays from 11: 00
a. m. to 4: 00 p. m. in the Community
Room of the Marjorie
R. Post Community Park.
Instruction will be available
in arts and crafts; and a full
range of programs and trips are
being offered.
Refreshments and bus transportation
is provided.
Oyster Bay Councilman Ralph J. Marino, Board Majority Leader,
center and Town Clerk William B. O'Keefe, left, watch Don Stanton,
right, Remington Rand microfilm supervisor, microfilm minutes
will be retained for reference while the originals will be preserved
for historical purposes.
at
486- 3100
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RICHARD L. MARTIN, Manager JOHN C. BESTLER, Manager
Farmingdale OBSERVER Thursday, October 26, 1967
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