The lawyer for a Lindenhurst developer says his client might pursue other legal options after an appellate court upheld a State Supreme Court judge’s decision to dismiss his suit against the village.
The Appellate Division ruling last month dealt a serious setback to Vincent Anzisi’s four-year battle to build houses on a Kramer Drive parcel.
The decision by the panel of four judges found that the village planning board had a “rational basis” for rejecting Anzisi’s application to subdivide a property at 258 Kramer Dr. and build two houses next to a KFC fast-food restaurant.
In planning board meetings beginning in 2008, Anzisi argued that the two lots he proposed would be as large or larger than most lots in the area. The board disputed that and found that a subdivision with the “narrow” lots he proposed would result in “insufficient buffer zones, a detrimental impact on privacy, less open space, more congestion, a negative impact on light and air, and an increase of traffic.”
The board also concluded that the KFC’s drive-through window and parking lot would be directly adjacent to one of the proposed homes, subjecting residents to noise and odor.
Anzisi’s attorney, Merrick-based Rod Kovel, said further appeal on different grounds was possible. “I understand where they’re coming from, but I don’t believe they’re right,” he said of the judges.