Site hosted by Angelfire.com: Build your free website today!

Massapequa Online

Return to Massapequa Online
Return to Archive Menu

The Whitewood Dive Property: 25 Years Later

By Eric Usinger

For over 25 years, developers and planners have attempted to find a suitable, profitable, and agreeable use for the development of the land on Whitewood Drive in Massapequa Park. In this time, the property has been through three owners, and two legal battles, only to remain undeveloped, unused, and virtually unproductive.

The first real look at a developmental use for the property began in 1971 when the firm of Sanders and Thomas, Inc. issued a Master Plan for the Incorporated Village of Massapequa Park. At the time the plan was issued, almost three quarters of the vacant land remaining in the village was located in the Bar Harbour neighborhood. In 1971, the area that now encompasses the Southgate at Bar Harbour condominium complex had originally been occupied by a much larger shopping center.

In the report, the planners offered their suggestions for the development of the land. However, in 1972 the New York State Legislature passed the Tidal Wetlands Act which precluded any intervention or alteration of any protected wetlands. The land was deeded to Nassau Beach Realty Corp. who developed the land in the mid 1970's for single family homes. The Chess Estate attempted a number of uses for the Whitewood Drive property, including applications for a fast food chain on Merrick Rd., single family home development, and marina use. With the village’s refusal to rezone the land, along with the restrictions placed on the property by the Tidal Wetlands Act, development became impossible.

In 1985, the Chess family sold the property, the last of the estate, to Anthony and Helen Trinca of the Trinca Development Corporation. Trinca first sought to develop the land for single family residential houses. After checking with the Department of Environmental Conservation, Trinca learned that any homes built would have to be situated 100 feet from the coast line. Under such conditions, and existing zoning laws, this allowed for only three residential structures to be built on a four acre piece of property.

They discovered that any land above the 10 foot elevation line would be exempt from such requirements. However, a map drawn by surveyors Baldwin & Cornelius showed that, with this exemption, the amount of developable land was still limited. During that year, Hurricane Gloria ripped across the island. In what was one of the worst storms in recent history, Gloria tore down trees, power lines, roofs, and caused debris to scatter the streets. Gloria's effect on the Whitewood property would be long lasting.

The village needed land to deposit trees, and debris, after the storm. Trinca Development Corp. granted the village with written permission to use the Whitewood Property as long as they needed it. Also, after the storm, which produced water levels to rise to the 7 foot elevation line, the Department of Environmental Conservation gave permission for bulkheading along the water. In the spring of 1988, the D.E.C. requested that the property be resurveyed. Baldwin & Cornelius were asked to find the new elevation line, and , when they did, it was clear that the new line had greatly increased the amount of developable land. This made it possible to place up to 6 homes on the property.

Trinca also discovered that the density of the property matched the density of the Southgate Condominiums, under Local Law 16, across the street. Trinca Development Corp. drew up a proposal and submitted it to the village.

On July 24, 1989, Anthony Trinca appeared before the Massapequa Park Board of Trustees at a public hearing on a proposal to change the zoning regulations on the property to allow for his proposal, "Waterwood Estates." He revealed the corporation's proposal for a two-part complex. The first proposal called for a 28-unit townhouse type condominium, under individual ownership. The units were 2,150 square feet with a one car garage. The back of the condos would feature a deck and a patio overlooking the water. "The reason why we feel that the Waterwood Estates is a good development for the community," said Trinca at the meeting, "is because we are providing medium priced homes for the village."

Trinca argued that the idea of using the property for single family residential use was not economical. At the public hearing, Trinca contended that the developers would have a difficult time selling the property, because of they faced the back of the shopping center, and that there would be a large portion of undeveloped land remaining.

The second part of the Trinca Development Corp. proposal called for a two-story office building on the northern portion of the property. The building, with a 95 car parking lot, would be situated along Merrick Road. The proposal had been approved by the village's planning commission. Community opposition from residents of Bar Harbour was strong. Civic Association President Ron Hoffman was the first to speak after Trinca's presentation. He presented the board with a list of 300 signatures, all in opposition to the project. "There is no justification for a proposed change in zoning there. There is no evidence that condominiums or office buildings will ever, ever improve the quality of life in the community."

For the next year community opposition to the project grew. Changes were made in the plans, but disagreement persisted. The village received letters from groups such as the Nassau Shores Civic Association, the North Massapequa Civic Association, the Biltmore Shores Civic Association and the Massapequa PTA Council urging the village to deny the request for a change in zoning. One of the major concerns was over the additional traffic that would be created by the new office building.

On Sept. 10, 1990, the village had another public hearing to consider the Application of Trinca Associates for rezoning the property and to begin the construction project. This time around William Cohn, Trinca's attorney, represented the developers. The proposal presented called for a slightly shorter office building, but very few changes were made in the original plans. The same concerns persisted. But, this time, the opposition and stature of the opponents had grown.

At the September meeting, Dr. James Brucia, superintendent of the Massapequa school district, expressed his concerns as to the proximity of the proposed office building with two of the districts buildings: Birch Lane Elementary and Massapequa High School. "My office is directly across the street from the Mobil station, diagonally from this point. I can tell you from being in this office for five years, there isn't a day that I don't hear the screeching of brakes," said Brucia.

The superintendent continued, "The school district feels that any development of the property that adds to this traffic situation will be a dangerous one in terms of the health and safety of the students."

On Dec. 9, the village finally approved the request by Trinca for a rezoning of the property, with strings attached. The new law, drafted by the village attorney under the outline of independent planning consultant Harold Letson, attached a number of restrictions on the condominiums, including density and occupancy. They also approved the request to change the most northern portion of the land to G-1 Business with the stipulation that the owners of the property donate 8 by 100 feet to the village for an additional traffic lane on Whitewood Drive. By March of 1991 the planning commission determined that the site plan presented by Trinca didn't conform to the specifics of the local law. By May of that year, Trinca sued the village. In Angelo and Helen Trinca versus the Board of Trustees of the Incorporated Village of Massapequa Park, the petitioners asked for a court order eliminating all time restrictions for the obtaining of building permits, an order to eliminate the maximum of eight units per building, and an order allowing the inclusion of the wetlands area for purposes of density. A year later the court made a decision. Striking down parts of the law, the court ordered that the Trinca’s were supposed to construct the 8 by 100 foot traffic lane within 45 days. The court also suggested that the two parties work out a compromise.

Trinca presented a new site plan to the village's planning commission, which they accepted. Trinca then went to the D.E.C. for a review. Early in 1993, Trinca entered into a lease agreement with State Farm Insurance Company to lease the entire office building, with an occupancy date of March 1, 1995. In July, 1994, the D.E.C. approved the project.

By Nov. 1994, Trinca failed to construct the additional turning lane and requested that the village grant a waiver to the court’s order. At that time the winter was approaching and Trinca sought to commence with the ground breaking for the office building before the ground freezes. Trinca needed to have the building ready by March or else State Farm Insurance would back out of their agreement with Trinca. Time was running out.

A month later Trinca, once again, sued the village. In Angelo Trinca and Trinca Builders, Inc. against The Board of Trustees of the Incorporated Village of Massapequa Park, the petitioner asked the court to force the village to file the paperwork with the County of Nassau and to allow the developer to install the additional traffic lane simultaneously with the construction of the office building.

Trinca's request was denied. "The petition herein is denied in all respects," wrote Justice Howard Levitt in the final judgement.

From this point on, Trinca and the village began an open fight in the local newspapers. Trinca contended that the village was attempting to hinder the development of the land while the village argued that Trinca had failed to comply with the local law or provide an accurate survey map of the property.

Trinca purchased a number of advertisements in the local newspapers, such as the Massapequan Observer and the Massapequa Post, blaming the village for the inability to have the land developed after ten years. In a five part paid advertisement printed in the Observer, Trinca blasted Mayor George Nussbaum, the board of trustees, and local civic associations. Trinca tried to appeal to the public to aid him in his campaign to develop his property. Nussbaum responded in a letter published in the July 7, 1995 issue of the Observer. He wrote, "The village is eager to cooperate in the development of this property as long as Mr. Trinca complies substantially with the written stipulation between the parties and the court order of Judge Levitt."

By January of the next year, Trinca had given up on the proposed office building. Trinca's attorney relayed the message to the village that Trinca sought to subdivide the northern portion of land to put it up for sale. In March, Mayor Nussbaum sent a letter to Trinca notifying him that the village had approved the subdivision.

Once again, Trinca, for the final time, sent in a proposal for a development of the condominiums on the southern portion of the property. Trinca asked the village for three items: - A waiver to the court order so he could have one building with 14 units.

- A waiver to a local law to install four-foot deep porches in some of the buildings. - And, a waiver for the turning lane requirement. The requests were the focus of another public hearing which was held on April 22. And, once again, opposition to Trinca's proposal was strong. The village board of trustees rejected each of Trinca's requests. This was the last attempt by Trinca to develop the property.

The current proposal put before the Village of Massapequa Park is an attempt by developer Robert Havasy of the Whitewood Landing Development Corp., a corporation founded to develop the Whitewood property, to construct a series of "golden age" homes on the property. Havasy, a Massapequa based developer, is proposing a complex of 52 co-operative residences for the residents over the age of 62.

Former-Village of Massapequa Park Mayor, Robert Thompson, applauded the effort. "There is a dire need for senior housing. There are seniors who have to, unfortunately, move to places like Florida so they can sell their homes and live off their assets." Village trustee Scott Wiss, who joined the board in May, 1996, is hopeful that the latest proposal will be implemented. And, if it is, the last chapter in the 25 year history of the Whitewood Drive property will be written.

Email: meditor@mailcity.com