caught my attention.

While the Chairperson of the ZBA in 1999, I became aware of the construction of the fence on the Mayor’s property without a proper permit. I personally brought the need for a variance to the attention of the Mayor and the Building Inspector. Interested in the eventual variance request status, I attended the ZBA Public Hearing on March 28,

2001.

The Mayor appeared before the ZBA but the ZBA attorney intervened before any facts were offered. The attorney stated that the ZBA members could not be impartial in this case and that the case should be referred to the Town of Oyster Bay Zoning Board of Appeals.

The attorney’s statement shocked me for two reasons:

1. ZBA members take an oath upon installation to office to act impartially when applying the laws of zoning. Very often friends and acquaintances of ZBA members appear before the ZBA for variance

approval. Being active in the Village, the ZBA members see many familiar applicants. Being impartial is their responsibility and must carry out their duties regardless of friendship or animosity toward applicants, but based on the facts presented.

2. The Town of Oyster Bay ZBA has no role in resolving Village variance issues. It is not even involved in appeals of Village ZBA decisions (the Nassau County Supreme Court is responsible). The Village ZBA must decide Village variance cases. That is why we pay taxes to our Village and have local enforcement of zoning laws. I can not believe anyone wants to change that.

A lesson from this issue: residents should obtain proper approval for construction on their property before commencing any work. Proceeding without approval results in cases like Mayor Giannattasio’s; an applicant, who either knowingly or unknowingly defies the Building and Zoning statues, opening himself up for needless expense, agony and embarrassment. His actions may have caused residents to vote for his opponent in the recent mayoralty election.

I read (March 28, 2001 Massapequa Post) with great hope the commitment of incoming Mayor Altadonna. He wants open government and inclusion of residents in decision making, not the passing of the buck as the ZBA attorney suggests. Local government must prevail to address local issues in our Village.

Robert Roth

The writer is a former Chairman of the ZBA