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Hearing set on Richmond Auto Body expansion A controversial application for the expansion of an auto body shop on Merrick Road in Amityville will come before the Amityville Village Board for approval of a special-use permit January 22. The scheduled hearing follows a decision by the Supreme Court Justice Jeffrey Arlen Spinner on a lawsuit brought against the Village for a Planning Board decision of August, 2005, which granted the property owner, JAMM Holding, d/b/a Richmond Auto Body, the right to add a 7,700 square foot addition with five paint spraying booths. Residents Angelika Hejna and Louis Maccarone who live near the site, brought the suit saying the Planning Board's move was in violation of the Village's own code. They maintained that the Planning Board did not have the legal authority to approve the request. Instead, under existing Village Code at the time, the application had to go before the Amityville Zoning Board of Appeals for a special exception, and the Board of Trustees for a special use permit. Spinner agreed and in a September 15 decision said the board acted "beyond the scope of its authority...and failed to articulate findings of fact substantiating its determination." "Obviously my clients are pleased with the decision," said Richard Handler of Amityville, the attorney representing Hejna and Maccarone. "The Village statute required that the trustees have a separate hearing and obtain the approval of surrounding property owners. Although I was sympathetic to Richmond Auto Body's claim that the requirement of obtaining the approval of nearby property owners was not appropriate, the fact is that the statute existed under Village law and we are glad to see that the court found that the Village was required to conform to its own ordinance." The statute in place at the time of the Planning Board hearing, required that only the Village Board had the legal authority to hear the application for the expansion and that an approval required not only the board's okay but that of all residents living within 200-feet of the applicant's property. Since the lawsuit was filed, the Village has amended that portion of the code on the recommendation of Village Attorney Bruce Kennedy who advised the Board of Trustees that it was unconstitutional. Justice Spinner passed on that issue saying saying only that "the clear language of the Vil lage Code" was enough to nullify the Planning Board's decision August, 2005. New plans filed by Richmond Auto Body indicate that the owner is looking to expand the site, but does not plan to install any additional paint spray booths. The hearing is scheduled for 8 p.m., Wm. Kay Memorial Building, court room, second floor. Resident Joan Donnison asked the board about its long-term plans for the used car lot the Village purchased at 400 Merrick Road. Deputy Mayor Peter Casserly explained that the site is currently being used now to store some of the fill from the excavation of the new Village Hall and that it will eventually be returned. The site will then be leveled and the Village is hoping to lease it month to month to help defray the cost of its acquisition. The Village is also in negotiation with the County which had initially told the Village it would acquire it under the S.C. Greenways or Open Space program, but that process is moving slowly. In other news, the Village Board:
+announced that the construction of the new Village Hall is proceeding and that due to the mild weather conditions work is moving forward faster than anticipated. The concrete foundation and basement has been laid and waterproofing is underway.
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