Port Washington residents sue to stop Sbarro family plan for mixed-use development

Port Washington residents have sued Town of North Hempstead and the developer of a planned mixed-use project overlooking Manhasset Bay, claiming the town's approval was illegal and failed to account for environmental impacts.

The town board voted 7-0 last month, following an hourslong public hearing that stretched past midnight, to approve the site plan and grant the developer a special use permit.

The mixed-use development at Inspiration Wharf, a mini business district with cobblestone walkways, will contain 38 units of housing. It also will have some commercial and restaurant space, but residents said they worry the development could lead to the privatization of the waterfront.

The Mitchell Farms Neighborhood Association, which consists of residents who live near the wharf, filed the 111-page lawsuit on Thursday in State Supreme Court in Nassau County.

Jacob and Mindy Zoghlin, the plaintiffs' Rochester-based lawyers, said in their filing the waterfront is frequented by people "who either live nearby or use it for recreational enjoyment and for the views of the Bay."

"The Property is the last working commercial wharf on this stretch of Manhasset Bay ... Until recently, the Property included a marina, charter fishing and tour boats, a bait-and-tackle shop, a kayak-rental shop, and a boatyard," the petition states. The project, the complaint said, "should have undergone a robust environmental review."

The approved proposal poses several environmental concerns, according to the petition. In issuing a negative declaration of environmental impact, the town waived a more extensive review.

A proposed condition of the agreement, according to town documents, was the creation of a promenade that will be accessible to the public from 8 a.m. to 10 p.m.

The town erred in making that declaration before the project had been accepted into the state's Brownfield Cleanup Program — which incentivizes developers to clean up contaminated properties — the lawsuit states.

The board "failed to take a hard look at potentially significant adverse environmental impacts identified in the Full Environmental Assessment Form," according to the complaint.

Manhasset Bay Real Estate is operated by Gennaro and Gianni Sbarro, the father-son duo formerly behind the eponymous global pizza chain. The Sbarros did not respond to a request for comment through their Uniondale-based attorney, Kathleen Deegan Dickson.

A North Hempstead Town spokesman did not respond to a request for comment.

The Mitchell Farms Neighborhood Association is seeking injunctions prohibiting work from being done at the property, the annulment of the town's negative environmental declaration, the annulment of all resolutions and approvals for the project, and compensation for attorneys fees. The town violated its own code in the approval process, according to the petition: The project will have 136 parking spaces for "residential, restaurant and retail uses" but will not provide "off-street, on-site" parking spots for a proposed marina.

Another violation of the town code is the property would exceed the town's "impervious surface limit," the Zoghlins wrote. The proposal will include more than 70% of "impervious" — or paved — surfaces, more than the maximum allowed amount of 60%.

North Hempstead also did not require the developers to file a "Stormwater Pollution Prevention Plan," which would have helped "evaluate environmental impacts, drainage layout, and site design feasibility before granting final land-use," the complaint said.

By Joshua Needelman

joshua.needelman@newsday.com

Joshua Needelman covers the Town of North Hempstead for Newsday. A Long Island native and University of Maryland graduate, his work has appeared in publications including The New York Times and The Washington Post.