While a Village Trustee from 2016-2020, I compiled various documents regarding the B.O.L.D. for Mixed Use Live/Work Apartments-Chapter 155.20.1 of the Village of Manorhaven Code. I had spent considerable time researching all of these documents, including the Public Hearing Minutes from April 7, 2005, as I was aware that many of our residents would not understand this section that had been added to our Village Code some years back.

This section of our laws was intended to allow new construction of apartments above existing businesses along our commercial zoned areas of the Village whereby the existing buildings on the main level would also be updated to meet current Village codes, i.e., electric, fire safety, etc.

Our Village received a site plan in 2019 to build residential and commercial units at 20 Matinecock Ave. and fortunately the interested party canceled this project. The applicant apparently planned to demolish the existing buildings on this C-1 property whereby this action would have violated the purpose of this B.O.L.D. ordinance. The primary purpose of the B.O.L.D. law (according to April  7, 2005 Public Hearing Minutes) was to build studio/1 bedroom apartments over existing buildings (Page 20 of Public Hearing Minutes 4-7-05) not to demolish the existing buildings. In addition, the purpose of this law was not to demolish existing commercial one-story buildings but to build a second story apartment(s) above.

More importantly, the B.O.L.D. requirements state: “All existing industrial uses, auto body shops, auto repair shops, hardware stores, drycleaners/laundromats and any uses where toxic chemicals are stored shall not be permitted as part of B.O.L.D.” Please keep in mind that the property at 20 Matinecock Ave. had been an operating boat yard/marina for the past 50 years or more and still was when the property was sold some years back. Not only have various toxic chemicals been stored on this property over these years but also the use of various fuels, oils, lead based bottom paints, antifreeze solutions, zincs and other cleaning fluids!

Our previous mayor, with the full backing of all of us trustees, which also includes our present mayor, assured the residents of our village, and in particular those of Manhasset Isle, that the C-1 District would not include demolishing of existing commercial buildings. However, the improving and updating of these existing buildings and addition of second- story apartments could be in line according to our B.O.L.D. laws.

It is extremely important that the Board of Trustees, Building superintendent, Planning Board, and Board of Zoning Appeals be thoroughly familiar with the B.O.L.D. Chapter 155.20-1 for any future building. They need to make sure that this prior boatyard property has the proper soil and groundwater testing conducted prior to any possible construction.

This similar testing was conducted at 5 Sagamore Hill Drive (Brownfield Cleanup Program) under the direction of the NYS Department of Environmental Conservation as well as the Nassau County Health Department over a 14-years period.  In addition, 22 Sagamore Hill Drive also had similar testing performed in 2011 and 2019 (Phase I Environmental Site Assessment and Focused Phase II Subsurface Site investigations) which showed unacceptable levels of volatile organic compounds in five groundwater wells.

In January 2019 this project received an Executive Summary from H2M Architects & Engineers confirming this work and recommending that soil-vapor mitigation engineering controls, including a sub-slab depressurization system and soil vapor barrier, be incorporated into any building design at this site. With construction in full swing at 22 Sagamore Hill Drive at the present time, it is paramount that our Board of Trustees and our superintendent of Buildings closely monitor these recommended engineering controls.

On July 14, 2023 I left a two-page letter, with various attachments, regarding B.O.L.D. with our deputy village clerk to disseminate to all of our village boards as I felt many of the members were not actually familiar with Chapter 155.20-1 B.O.L.D. for Mixed Use Live/Work Apartments of our Village Codes. It is paramount that our Village officials make every effort to protect the health and safety of any future new residents that may be renting these apartments upon their eventual completion.

Ken Kraft

Manorhaven