Huntington delays vote on project near bald eagle nest

The Huntington Zoning Board of Appeals has postponed a vote to grant variances for the construction of a retaining wall in Centerport that riled the feathers of bald eagle lovers.

The applicant, Melville-based Rosewood Developers Inc, sought the adjournment in its quest to get variances to build a three-tier, 21-foot-tall — at its highest section — retaining wall, on two vacant lots on Ale Court, town officials said.

A variance is needed because, as proposed, the retaining wall behind two planned homes on the lots is closer to the property line and has a greater surface area on its frontage than allowed by town code, town officials said.

Since 2018, bald eagles have made a nest in the hamlet, attracting fans from near and far. Over concern that the construction would impact the nest, Centerport resident Robert Schwartz started a petition to stop the construction, galvanizing support for his effort through social media and his Facebook page dedicated to the birds.

“The nest is located directly within 650 feet where the construction is supposed to happen and it’s at the same height as the nest itself,” Schwartz said. “With eagles being so sensitive they will see this every day; they’ll see this new change in habitat where they use to be able collect branches and hunt that will no longer be there.”

A vote on the measures had been temporarily planned for March 31. 

"The attorney for the applicant requested an adjournment to consult the DEC [State Department of Environmental Conservation] on the matter,” ZBA counsel John Bennett said in an email. “Chairman [Gerard] Asher thought it would be more prudent to grant the adjournment, as the Town would welcome any comments or directives from DEC as a matter of procedure, since the nest is under their jurisdiction.”

Town officials said the DEC was always going to be involved. Normally the ZBA would grant any variance and then the applicant would have to consult with the DEC in any matter involving them before the town would issue town building permits. 

 Schwartz said he thinks it’s good news that the vote has been postponed.

“Now with the DEC looking into it won’t just be the residents concerned about this … [the construction project] interfering with the habitat of the eagles,” he said. “And the DEC is really strict given the fact that the eagles are considered a threatened species and we have laws that we have to follow to protect them.”