Amityville Herald 08_20_2025

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HERALD RECoRD

Amityville Village swimming awards

Obituary: JaneAnn Bean-Folkes

A great day at Amity Beach

Pages 6 & 7

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VOL. 75 NO. 35

AUGUST 20 - 26 2025

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Francos file new lawsuit against Amityville Village By CAROLYN JAMES cjames@liherald.com

Carolyn James/Herald Photos

Expansion work on the east side of the Amityville Library is expected to resume, after DEC halted the project because of water contamination issues.

Water contamination issue solved at Amityville Library work site By CAROLYN JAMES cjames@liherald.com

Construction on the Amityville Public Library’s new extension is expected to resume after a months-long delay caused by groundwater contamination, library officials said this week. The issue arose during excavation work on the east side of the property, where a new elevator is being installed. Contractors discovered elevated levels of zinc in the groundwater as they began dewatering the site, prompting intervention by the New York State Department of Environmental Conservation, DEC. The project was put on hold while the general contractor worked to develop a filtration system that would meet DEC standards before the water could be discharged into the storm drains. “The good news is that the zinc levels are now in compliance following the implementation of an ion exchange system,” said Li-

brary Director Todd Schlitt. “We are currently waiting for the concrete subcontractor to schedule the pouring of the underpinnings. Once that’s in place, we’ll begin pumping— hopefully within the next few weeks.” Amityville Village Mayor Michael O’Neill said that unfortunately large projects like the one underway in the Amityville Library sometimes hit snags and delays that are beyond local control. “We are convinced that the library has met this problem head on, worked closely with the DEC to clear up the issue and are confident that by the end of August, they will be back in full force and hopefully be able to make up some time,” said O’Neill. Voters approved the $9.85 million construction project in 2022. Planned upgrades include a new children’s room, a dedicated children’s program room, a family bathroom, two new bathrooms on each floor, a program room on the upper level, a rooftop terrace, and a new ADA-compliant elevator serving all floors.

Vincent and Carolyn Franco have filed a new lawsuit against Amityville Village and its Zoning Board of Appeals over an ongoing dispute involving renovations to the roofline of their home at 32 Marion Road. The village alleges the roofline is four feet higher than permitted. The Francos argue that the zoning board’s requirement that they lower their roof from 34 feet to the permitted 30 feet is discriminatory and unconstitutional. The lawsuit, filed by their attorney, Linda S. Agnew of Harras Bloom and Archer in Melville, claims the village violated the equal protection clause of both the U.S. and New York State constitutions. The lawsuit further alleges selective enforcement by the village, claiming the Francos were targeted because of their political views and outspoken criticism of village officials. “My clients are good neighbors and community members of Amityville as evidenced by the tremendous community support they have received in connection with their ongoing

struggle to build their home in a manner similar to other homes in the surrounding community,” said Agnew. “Unfortunately, the Village continues to judge applications not by the merits but by who is submitting them. Mr. and Mrs. Franco look forward to having their day in Court in challenging the Village’s recent denial which we believe is not supported by the record before the Zoning Board.” According to the suit, the village building inspector, Robert Hayes, told the Francos in 2021 not to worry about the roof height, assuring them it would be addressed in the final survey and that an exception could be made. The complaint further argues that the zoning board’s decision to deny the relief: • Ignored the report and testimony of the Francos’ real estate expert, Michael Lynch, who walked the zoning board through the factors to be considered for the requested relief. • Did not take into account precedent in granting height variances with respect to properties located within proximity to the Franco property. CONTINUED ON PAGE 11


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