The Glen Cove planning board Tuesday night approved the second phase of the giant Garvies Point waterfront project.
That phase includes 167 condominiums in a five-story building, two parks, a dog park, an esplanade and a boardwalk.
The 6-0 vote came after Sea Cliff Mayor Edward Lieberman warned the board that the plan — and the rest of the Garvies Point project — violated a 2000 memorandum of understanding between the village and City of Glen Cove in which the city had agreed to a significantly smaller, less tall project.
Sea Cliff in 2015 filed one of two lawsuits aimed at stopping the project. In August, a Supreme Court judge in Nassau County dismissed both suits. The village and the 105 area residents who are plaintiffs in the other suit are appealing.
Frank Haftel, director of the Garvies Point project for the developer, RXR Glen Isle Partners, said the dismissal shows that the plan is legally valid.
The agreement said that if the project was larger than called for in the memorandum, Sea Cliff would have the right to sue, he said.
“The planning board expressed their right to approve a different plan, and Sea Cliff exercised its right to sue,” he said.
After the meeting, Frank Piccininni, a Roslyn-based environmental consultant for the 105 plaintiffs in the second suit, reiterated a frequent criticism of the site plan: That the filters for storm water are not large enough.
“The storm-water runoff will overrun the filters during heavy rainfall,” he said.
The result, he said, would be elevated levels of pathogens and nitrogen, along with substances such as grease, running off into the creek — both above ground and via groundwater — and then flowing into Hempstead Harbor.
Planning board member Michael Bellissimo said environmental studies don’t support that assertion.
“Everything we’re doing has been approved by the DEC and EPA,” he said, referring to the state Department of Environmental Conservation and the U.S. Environmental Protection Agency.
The entire Garvies Point project is set to include, when complete, 1,110 condos and apartments, several parks, stores, offices, restaurants and marinas. Groundbreaking on Garvies Point was in December. Phase two is slated to begin in late spring.