BZA Dismisses Indian Head Ranch Application

The Huntington Board of Zoning Appeals dismissed an application by the owners of the Indian Head Ranch at its May 27 meeting.

Board Chair Christopher Modelewski determined that notices to newspapers and neighbors to inform them of the hearing listed an erroneous reason for the hearing.  

Wayne Dougal, doing business as Big Doug's Enterprises, LLC, was seeking a special-use permit to legalize current uses on the 18.6–acre property zoned R-40, residential, including selling horses and boarding too many horses; selling wood, and storing art, among others.

Dougal was also seeking relief to legalize a fence too close to the property line; not enough frontage for dairy usage; a barn without a certificate of occupancy and operating a petting zoo.

Modelewski, however, said that he what is taking place on the property is more akin to manufacturing and that is what the notices should have read.

"If we were to proceed, we would be in an untenable position," Modelewski said. "We have an obligation to the public to fully inform and I think the call of the hearing is bad because I think what you mean to do tonight is establish the right to non-conforming use with respect to manufacturing."

He said that Dougal also would need a license from the New York State Department of Environmental Conservation and that there are safety regulations that have to be followed, such as the erection of a fire barrier around the portions of the property allotted to wood-chipping and mulching.

Dougal's attorney, Andrew Levitt, said that the wood-chipping operation is not the subject of the public hearing.

"There's no denying that there is wood-chipping going on," Levitt said. "But that's not the subject of the application."

Modelewski refused to continue with the hearing until it was re-noticed in the way he felt is proper.

"No, you don't come in here and get a little bit from us. We are not to make an exception for the sake of expedience. This application has to be properly noticed before we can entertain it."

Levitt said they would appeal.

In recent years, Huntington officials have taken other action against the ranch, including citing it for operating a now-closed restaurant without a permit.

Dougal was also the defendant in "People vs. Big Dougs Enterprises, LLC," On December 17, 2007, the Third District Court issued a conditional discharge stating that  the defendant was required to make application to the BZA for the special use permit.

The Huntington Town Board held a public hearing at its May 17 meeting to consider a proposal by Queens-based Triangle Equities to rezone the property multi-family for 80 age-restricted townhouses on the 18.6-acre site.

Two acres of the property are in Nassau County's Town of Oyster Bay.

Members of the Cold Spring Hills Civic Association have made their opposition known.

In a letter to the Town Board in September 2009, they wrote that the proposed plan is inconsistent with both the Town's Comprehensive Plan and Special Groundwater Protection Area (SGPA) Plan that recommends low-density residential use of the site.

"We remain hopeful that the developer will submit an amended plan consistent with the surrounding low and medium-density zoning. It's long overdue. We look to you, our elected officials, to provide proper guidance by refusing to hold a public hearing on the plan as it presently exists," they wrote.