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Vacant commercial properties along Main Street in Port Washington on Feb....

Vacant commercial properties along Main Street in Port Washington on Feb. 10. Credit: Jeff Bachner

The Town of North Hempstead updated its zoning code to clear the way for more development in its waterfront business district in Port Washington.

The changes were approved after a fiery public hearing last week when more than 20 residents debated the proposal, with some fearing it would result in the privatization of the waterfront. The code for the district, which spans roughly 10 acres along Main Street from Sunset Park to Dolphin Green, was last updated in 2020 following a nearly three-year moratorium on development there.

The board voted 6-0 to approve the changes.

Mariann Dalimonte, a councilwoman representing Port Washington, said in a statement the previous code was “too restrictive" toward development.

“The recent zoning amendments seek to create some flexibility while still achieving the goals of the 2020 code,” Dalimonte said in the statement.

The code previously allowed mixed-use buildings but with specific requirements for the lowest floor and the upper floors: “retail, office, hotel/boatel and/or restaurant space” on the bottom; and “residential units” on the top levels.

The new code also permits mixed-use development, but the requirement for commercial and residential uses to be floor-specific is gone. Some residents are concerned that, as a result, a developer could build an apartment complex without a public space attached to it, such as a restaurant or a retail store. A developer could satisfy the commercial requirement some other way, some residents said, including with a private marina, which became a permitted use in the district in 2020.

Dalimonte said during the public hearing she had met with multiple developers interested in purchasing Inspiration Wharf, a marina along the waterfront that includes an ice cream shop. But the developers told her the town's code was too restrictive to proceed, she said.

Supervisor Jennifer DeSena said during the hearing that the changes "may include ideas desired by individuals wishing to build along the waterfront, but we are not here to approve their wish list."

"The changes we are discussing today were created by the town's planning department and town attorney's office, striking a balance between making minor and mostly clarifying changes, and changing the intent of the code," DeSena said. 

Michael Gilbert, a Manhasset resident, told board members he feared the changes could lead to more buildings like the Knickerbocker Bay Club, a condominium complex with a private marina built before the 2020 code changes went into effect.

“That’s the one thing I think everyone in the community agrees should not happen again,” Gilbert said. “That deprives the community of public access.”

But Dalimonte said she disagreed with that view.

“Building height, placement and bulk remains the same,” she said in the statement. “View corridors, open spaces, commercial uses, and creating opportunities for increased public access to the waterfront remains the same.”

Andy Shaffer, who runs the Facebook group Port Washington Development Watch, said in an interview he opposed the amendments. He said the town did not give residents enough time to consider the changes and feared the loss of public access to the waterfront.

"It might be Disney World; it might be marvelous," Shaffer said of possible development along the waterfront. "But we don't know. And we can't trust the board is going to look after our best interest."

The Town of North Hempstead updated its zoning code to clear the way for more development in its waterfront business district in Port Washington.

The changes were approved after a fiery public hearing last week when more than 20 residents debated the proposal, with some fearing it would result in the privatization of the waterfront. The code for the district, which spans roughly 10 acres along Main Street from Sunset Park to Dolphin Green, was last updated in 2020 following a nearly three-year moratorium on development there.

The board voted 6-0 to approve the changes.

Mariann Dalimonte, a councilwoman representing Port Washington, said in a statement the previous code was “too restrictive" toward development.

“The recent zoning amendments seek to create some flexibility while still achieving the goals of the 2020 code,” Dalimonte said in the statement.

The code previously allowed mixed-use buildings but with specific requirements for the lowest floor and the upper floors: “retail, office, hotel/boatel and/or restaurant space” on the bottom; and “residential units” on the top levels.

The new code also permits mixed-use development, but the requirement for commercial and residential uses to be floor-specific is gone. Some residents are concerned that, as a result, a developer could build an apartment complex without a public space attached to it, such as a restaurant or a retail store. A developer could satisfy the commercial requirement some other way, some residents said, including with a private marina, which became a permitted use in the district in 2020.

Dalimonte said during the public hearing she had met with multiple developers interested in purchasing Inspiration Wharf, a marina along the waterfront that includes an ice cream shop. But the developers told her the town's code was too restrictive to proceed, she said.

Supervisor Jennifer DeSena said during the hearing that the changes "may include ideas desired by individuals wishing to build along the waterfront, but we are not here to approve their wish list."

"The changes we are discussing today were created by the town's planning department and town attorney's office, striking a balance between making minor and mostly clarifying changes, and changing the intent of the code," DeSena said. 

Michael Gilbert, a Manhasset resident, told board members he feared the changes could lead to more buildings like the Knickerbocker Bay Club, a condominium complex with a private marina built before the 2020 code changes went into effect.

“That’s the one thing I think everyone in the community agrees should not happen again,” Gilbert said. “That deprives the community of public access.”

But Dalimonte said she disagreed with that view.

“Building height, placement and bulk remains the same,” she said in the statement. “View corridors, open spaces, commercial uses, and creating opportunities for increased public access to the waterfront remains the same.”

Andy Shaffer, who runs the Facebook group Port Washington Development Watch, said in an interview he opposed the amendments. He said the town did not give residents enough time to consider the changes and feared the loss of public access to the waterfront.

"It might be Disney World; it might be marvelous," Shaffer said of possible development along the waterfront. "But we don't know. And we can't trust the board is going to look after our best interest."

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