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Lawsuit: Parking lot doesn't meet Oyster Bay Town code

A hearing is planned on the cleanup at

A hearing is planned on the cleanup at a marina site in Locust Valley. Above, a welcome sign seen on May 31, 2012. Credit: Brittany Wait

A homeowner has sued the Town of Oyster Bay and a neighboring property owner over the town’s approval of a parking lot she says does not meet town building code.

In the suit filed Dec. 16 in State Supreme Court in Mineola, Constance Goodwin, of Matinecock Court in Locust Valley, charges that in November 2012 the town planning department permitted Dark Side Holdings LLC to build a commercial parking lot on the adjacent property at 11 Oyster Bay Rd. without the required 10-foot buffer.

The suit says town building codes require a buffer at least 10 feet wide and 5 feet high between commercial and residential properties. Goodwin said Dark Side Holdings destroyed a wide green buffer of shrubs, trees and evergreens, which “destroyed the view and my privacy.”

Now, the suit states, there is only a 6-foot buffer and 3-foot-high evergreens spaced about 5 feet apart.

Town spokeswoman Marta Kane said “the town is in receipt of the paperwork, and it is under review.”

“We believe this lawsuit lacks merit,” said Daniel E. Jacobson, counsel for Dark Side Holdings. “All work done on the property was done with municipal approval.”

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