Woodmere Club owners are seeking this variance in Woodsburgh

Two months after presenting an application to build outside the perimeter of the Coastal Conservation District, the Woodmere Club owners — Efrem Gerzsberg and Robert Weiss — has attorney Christian Browne introduce the identical plan to the Woodsburgh village Board of Appeals on Sept. 20.

Gerzsberg and Weiss, who were not present during the Board of Appeals hearing in Woodsburgh, are seeking a use variance to build outside the perimeter of a Coastal Conservation District created in 2020 on their Woodmere Club.

The district created in 2020 aimed to limit the developers’ plan to build 284 single-family homes on the property that is in Woodmere and Lawrence and Woodsburgh villages.

The two villages and the Town of Hempstead approved the creation of the Coastal Conservation District, which divided the Woodmere Club into three subdistricts and limiting construction to only 59 homes. In Woodsburgh, 18 homes are allowed in the subdistrict.

Browne called the perimeter outside the district an “open space,” which is essentially land that the club owners have limited uses for if they build the 59 allowable homes.

“Outside of the single-family home district, those are lots within the open space recreation district,” Browne said. “That district allows two uses: one is a golf course and the second is passive recreation, such as walking trips. So essentially, you’re not allowed to do anything in the open space district unless you can somehow cobble together those and make it into some sort of a golf course.”

Browne argued that the single-family subdistrict couldn’t combine with the open space district to make a feasible golf course based on the physical layout. The other option, passive recreation, has no productive use to the owners, he said.

Lawrence’s board suggested convening a joint session where all three boards — the town Lawrence and Woodsburgh — would hear the developers’ presentation.

Browne said no meeting has been scheduled with all three boards and a date for the town hearing is yet to be scheduled.

The club owner’s proposal would call for 15 homes in the open space district, an addition to the 18 they are allowed.

“There’s a case called Otto v. Steinhilbert, Court of Appeals in New York State,” Board of Appeals member Joel Weiner said to Browne. “That is sort of the Bible in use variances. There are four tests, I think you fail all four.”

The case states that the applicant has to show that the land cannot yield a reasonable return, the hardship relating to the property is unique and does not apply to a portion of the district/neighborhood, it does not alter the essential character and that the alleged hardship is not self-created.

“This golf club, the Woodmere Club, is the heart of Woodsburgh,” Weiner said. “You’re shooting it.”

Limited information such as engineering concerns, traffic studies, renderings of the homes and construction information were provided to the board.

“It is not because we don’t think the information is ultimately irrelevant, it would (be relevant),” Browne said. “It’s difficult for the applicant to engage in a costly exercise that essentially pertains to engineering matters when we don’t know whether we can do anything.”

Roughly 20 people attended the hearing, including County Legislator Howard Kopel.

“I’d like to make this offer publicly, why don’t we sit down?” Kopel asked Browne and the board. “Come down to my office, we’ll sit down and see if we can figure out something. I can talk to the villages and see if we can figure out something the community can live with and your clients.”

“There are things that can be done, but I think we can all agree now that this is not working, this process isn’t working for you, the public and your clients,” he added. “It makes no sense so let’s stop that and see if we can do something that does and satisfies everyone.”