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1 T O W N
O F
B R O O K H A V E N
P L A N N I N G
B O A R D
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ONE INDEPENDENCE HILL, FARMINGVILLE - AUDITORIUM
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FEBRUARY 7, 2010 - 4:07 P.M.
6 7
BOARD MEMBERS PRESENT:
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VINCENT E. PASCALE, CHAIRMAN
9
M. CECILE FORTE, PH.D., VICE CHAIR
10
MARY L. DAUM, PH.D., Board Member
11
TARA A. KAVANAGH, ESQ. Board Member
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DOUGLAS DITTKO, Board Member
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PETER E. ZARCONE, Board Member
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RICHARD A. SMITH, R.A., Board Member
15 16 17
ALSO PRESENT:
18 19
BETH REILLY, ESQ., Assistant Town Attorney
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BRENDA PRUSINOWSKI, Deputy Comm. of PELM
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KIM SILLARO, Secretary
22
MARC RUSSO, Stenographer
23 24
Pages 2 through 14 pertain to other proceedings and have been removed.
25
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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FINAL SUBDIVISION:
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WOODLAND MEADOWS @ EASTPORT
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CHAIRMAN PASCALE:
Moving on to
5
final subdivisions, item No. 6, Woodlands Meadow at
6
Eastport.
7 8 9
Will the applicant please come forward. This is a final subdivision
10
application and Ms. Prusinowski will read into the
11
record the application.
12
MS. PRUSINOWSKI:
This is a final
13
subdivision application with cluster treatment for
14
the map known as Woodland Meadows at Eastport.
15
This is 97.7 acre site located at
16
the south side of the Sunrise Highway Service Road
17
involving 70 lots. The site is within the
18
Compatible Growth Area of the Pine Barrens.
19
does incorporate a dedication of ten acres of
20
parkland in addition to an open space dedication.
21
It
And there is one point that I want
22
to bring to the board's attention, which is that
23
the preliminary approval included a condition that
24
the applicant provide a buffer along the Sunrise
25
Highway South Service Road.
That has been changed
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in the conditions that you have before you to
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incorporate that buffer along the northerly lots,
4
the northerly line of the proposed lots, which I
5
believe is what the board had discussed.
6
CHAIRMAN PASCALE:
7
Mr. Shea.
Thank you.
8 9 10
(J. TIMOTHY SHEA, JR., ESQ., testified as follows:)
11
MR. SHEA:
Yes.
Actually, let me
12
hand up -- Mr. Pascale, members of the board, J.
13
Timothy Shea, Jr., Certilman Balin, 1393 Veterans
14
Memorial Highway, Hauppauge, New York, for the
15
applicant.
16
As the board knows, this is a
17
final subdivision approval.
18
of this subdivision has been already granted by
19
this board.
20
subdivision plan in front of the board today is in
21
substantial conformance with the preliminary
22
approval.
23
Preliminary approval
The site plan -- excuse me, the
In includes -- on the 97-acre
24
site, including the ten acres that will be
25
dedicated for ball fields and 44 acres of dedicated
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open space, as such, we're going to ask that the
3
board grant final approval of this -- of this
4
subdivision.
5
CHAIRMAN PASCALE:
Mr. Shea, we
6
recently -- as recent as 20 minutes ago, received a
7
letter from one of the residents, Richard Sachek
8
(phonetic). Do you have a copy of that letter?
9
MR. SHEA:
10
No, I do not.
CHAIRMAN PASCALE:
Can I give you
11
a copy? If you can just look at it and just take a
12
minute and read.
13
(Discussion off the record.)
14
CHAIRMAN PASCALE:
How many
15
people in the public right now are here to speak on
16
this particular application?
17
If I can ask you to come up to the
18
secretary to your left and fill out a 3 by 5 index
19
card with your name and address, just item No. 6 or
20
Woodland Meadows at Eastport, so I can call you up.
21
Now that holds true for anybody
22
else in the public who wishes to speak on any of
23
the other applications.
24
any of the items on the agenda, please see Ms.
25
Sillaro and fill out a 3 by 5 index card.
If you're here to speak on
Put your
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name, address and the item number that you're here
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to speak on.
4 5
MR. SHEA: have any better pictures?
6 7
CHAIRMAN PASCALE:
MR. SHEA:
I can't
You can't really make
them out.
10 11
No.
even --
8 9
You don't happen to
CHAIRMAN PASCALE:
-- make the
pictures out, I'll be honest with you.
12
MR. SHEA:
13
(Discussion off the record.)
14
MR. SHEA:
15
letter and I understand the concern. But the
16
15-foot natural vegetation along lot 5 was part of
17
the original preliminary approval as was the --
18 19
22
I've reviewed the
CHAIRMAN PASCALE:
Okay.
I
just -- I asked you to read it --
20 21
Okay.
MR. SHEA:
-- status of lots 6 and
7. CHAIRMAN PASCALE:
-- because we
23
just got the letter ourselves not even five minutes
24
before the meeting so -- we'll discuss, I think,
25
perhaps one or two board members have some
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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19 questions on that.
3
Do we have -- can we see the
4
actual buffering along that boundary line, what is
5
there now?
6
MR. SHEA:
Yeah.
I believe those
7
are the lots that were addressed at the bottom, 5,
8
6 and 7 were the subject of the letter.
9
would be holding --
10 11
CHAIRMAN PASCALE:
And we
Can you speak
into the mike.
12
MR. SHEA:
13
holding whatever the tree line is currently.
14
with regard to 5, lot 5, I know that there was
15
reference within the conditions on the 15-foot wide
16
plantings.
17
Oh, yeah.
CHAIRMAN PASCALE:
We would be
What is the
18
existing buffer on that site plan as it sits?
19
MR. SHEA:
20 21
And
I honestly -- have to
take out the scale. CHAIRMAN PASCALE:
If I can -- I
22
think, to refresh my memory, maybe Mr. Dittko
23
remembers this as well.
24
that those boundaries, those buffers were kind of
25
pushed back a little bit because of the open space
I think -- I'm thinking
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and to maintain everything contiguous on the
3
opposite side of the development; is that correct?
4
Doug, do you remember that?
5
MR. DITTKO:
I don't remember why,
6
but I do remember that the original site plan had
7
more of a buffer than the preliminary site plan.
8 9
CHAIRMAN PASCALE:
I mean, we
could pull the records but I also remember some
10
reduction on the buffers because of the ballpark's
11
location and things of that nature at that time.
12
MR. SHEA:
My understanding was
13
-- was that originally there was open space on that
14
-- on the eastern portion of the property.
15
that at the request of the Environmental
16
Department, the open space was shifted around to
17
where it currently exists so that it would all be
18
contiguous and it would be where the most mature
19
growth was, as far as forested growth, to give the
20
best benefit environmentally.
21
understanding.
22
And
That's my
Obviously, I wasn't here at the
23
preliminary hearing but that's -- from notes and
24
from talking to people who had the application.
25
CHAIRMAN PASCALE:
Well, you have
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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the site plan in front of you.
3
here, but what is the actual footage for that
4
buffer at the present time -- proposed?
5
MR. SHEA:
I can't see from
Well, I don't know
6
that there's a buffer for lots 6 and 7, but lot 5,
7
I believe, is covered on the conditions, I think --
8
if I remember correctly.
9
Let's see, ten foot wide buffer
10
zone of existing natural vegetation shall be
11
established along the southerly property line of
12
lot 5 except for the installation and maintenance
13
of the fencing and revegetation with native trees,
14
shrubs and ground cover -- except for the emergency
15
access.
16
Existing natural vegetation and
17
supplemental screen plantings shall be established
18
to provide a density and quality of plantings equal
19
to a single row of evergreen plantings seven feet
20
high and seven feet on center.
21
MS. REILLY:
So you'll have -But that's along the
22
southerly portion, not the easterly, which I think
23
is where the homeowners are.
24 25
We're trying to pull up the aerial to see if we can see it.
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CHAIRMAN PASCALE:
My recollection
without --
4
MR. SHEA:
I believe it's a
5
ten-foot wide.
6
which I think references it.
7
wide emergency access on lot 5, the 15-foot wide
8
buffer zone on lots 1 through 4 and the 10-foot
9
wide buffer zone on lot 5.
10
It says, the 15-foot
So that it would be a
10 foot buffer.
11 12
I'm looking at condition No. 11,
MS. REILLY: anything on lots 6 and 7.
13
I don't think there's
Nothing.
CHAIRMAN PASCALE:
Well,
14
increasing the buffers on 6 and 7, what does that
15
do to the lot size?
16
was noted during the preliminary site plan
17
application.
18
I think that was a point that
MR. SHEA:
Well, currently --
19
looking at the plan it appears that actually the
20
owner of the adjacent property -- the fence is
21
actually located within our property line.
22
looks like it's about, I'm going to say, about 15
23
to 20 feet within our property line.
24 25
CHAIRMAN PASCALE:
It
You're saying
there's an encroachment on your property line?
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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MR. SHEA:
There is an
3
encroachment.
There's an existing fence.
4
be relocated.
So that's actually an encroachment
5
onto our property line.
6
the fence was removed, the client might be amenable
7
to putting some plantings but obviously the fence
8
has to be removed.
9
It's to
I would think that once
CHAIRMAN PASCALE:
So by removing
10
that encroachment that will give you the additional
11
10 to 15 feet as far as buffering for those lots --
12
MR. SHEA: I would have to --
13
CHAIRMAN PASCALE:
14 15
-- or just that
one -MR. SHEA:
Obviously, I'd have to
16
run it by my client, which I can do as the speakers
17
come up if there are any --
18
CHAIRMAN PASCALE:
All right.
19
Why don't we -- there's a number of people in the
20
public who want to speak about this.
21
to talk to your client in the meantime?
22
if the lot owners are actually here this evening
23
and then speak to your client --
24
MR. SHEA:
25
CHAIRMAN PASCALE:
Do you want Let's see
Okay. -- and then
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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24 we'll see which way we have to go.
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MR. SHEA:
4
CHAIRMAN PASCALE:
5
Okay. Dr. Forte will
call up -- how many people are here?
6
VICE CHAIR FORTE:
Seven.
7
CHAIRMAN PASCALE:
Okay.
8
call up three people at a time.
9 10
VICE CHAIR FORTE:
David Johnson,
Lauren Hemfling, Susan Spadaro, Jim Gleason.
11
Good afternoon.
12
CHAIRMAN PASCALE:
Wait.
13
you speak, let's get everybody sworn in.
14
up five people -- I see five.
15 16
VICE CHAIR FORTE:
Before
We called
Four people --
there are five people.
17 18
She'll
CHAIRMAN PASCALE: together.
You're
That's nice.
19 20
(DAVID JOHNSON, LAUREN HEMFLING,
21
SUSAN SPADARO, DONALD DEDECK & JIM GLEASON, were
22
duly sworn.)
23
VICE CHAIR FORTE:
Have a seat.
24
CHAIRMAN PASCALE:
Yeah, please
25
have a seat.
The couple -- let the lady sit.
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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VICE CHAIR FORTE:
3
sir, what's your name?
4
standing, what's your name?
5
Last name?
The gentleman who's What's your name?
6
MR. DEARE:
7
VICE CHAIR FORTE:
8
Mr. Deare. Mr. Deare,
would you take a seat and I'll call you next.
9 10
Excuse me,
MS. SPADARO:
He's with me.
Susan Spadaro.
11
CHAIRMAN PASCALE:
Okay.
Why
12
don't we do this.
13
on my right and you can speak first so you could
14
have a seat.
15 16
Okay? MS. SPADARO:
Okay.
CHAIRMAN PASCALE:
MS. SPADARO:
20
THE STENOGRAPHER:
Good afternoon -Just pull the
mike.
22
MS. SPADARO:
23
board.
24
East Moriches, New York.
25
Please state
your name and address for the record.
19
21
Thank you.
Okay.
17 18
Hand the microphone to the lady
Good afternoon,
I'm Susan Spadaro at 91 Montauk Highway in
And I'm here concerning how this
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proposed property coincides with the existence of
3
Spadaro Airport.
4
chance to come down to the Planning office and
5
actually look at the map and study it.
6
the first time that I'm actually seeing the map.
7
I apologize, I didn't have a
So this is
But I do have some concerns for
8
the developer.
9
(phonetic), he's going to voice the main concern.
10
And at that point, Donald Dedeck
Okay.
11
Thank you.
12
VICE CHAIR FORTE:
13
MR. DEDECK:
Okay.
Yes, my name is
14
Donald Dedeck and I'm a pilot at Spadaro Airport.
15
I've been there for six years.
16
hangar and light support aircraft.
17
I have an active
I'm here more or less as a
18
representative for the pilots at Spadaro Airport
19
out of concern that this is -- I'm retired -- a
20
retired teacher.
21
not my livelihood but my passion.
22
into the construction of my hangar and my airplane.
23
This is my livelihood right now, I put a fortune
I guess my main concern is that
24
with the development such as this, that people are
25
either unaware of or refuse to understand the
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implications of living next to an airport and all
3
of a sudden they wake up one morning and there's
4
noise.
5
it's been there since 1940.
There's an airplane over my house.
6
Well,
It's nothing new.
So I would like to make sure that
7
for our sake -- for our concern and our safety,
8
that the people realize that the airport is there.
9
And there will be noise, especially this is a side
10
that we fly into when we're landing, which means
11
the planes will be lower and we make our approaches
12
from this direction at certain wind times.
13
So again, my main concern is that
14
people understand the fact that the airport is
15
there, will be there. And there's quite a few
16
people that have invested considerable amounts of
17
money and their lives, really, for their passions
18
of flying.
19
airport does make noise and that they'll be living
20
next to that noise.
21
and realize that fact.
And that people understand that the
They have to understand that
22
Thank you.
23
VICE CHAIR FORTE:
Um-hum.
24
CHAIRMAN PASCALE:
Thank you.
25
We're looking for it on the
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conditions, but normally what we do in cases like
3
this because it's the proximity of the airport,
4
just like a certain other things that may have an
5
impact on development, we usually make a note that
6
that should be duly noted on the surveys.
7
when people purchase these homes or lots, that
8
they're made aware of the fact that they're in
9
close proximity to, in this case, an airport.
That
10
MR. DEDECK:
11
CHAIRMAN PASCALE:
12
MR. DEDECK:
13
is that there's an active sky jumping activity
14
there with a quite a few planes also.
15
increases the dynamics of the airport and the noise
16
also.
17
Right. Okay.
And also, the fact
CHAIRMAN PASCALE:
So that also
I know.
My
18
kids live in East Moriches, my grandkids and they
19
love watching the shutes.
20
open up when they jump out of the plane.
21
could look up and see the shutes opening up.
They actually hear them
22
MS. SPADARO:
23
MR. DEDECK:
24
MS. SPADARO:
25
And you
Um-hum. Yes. Could you just kind
of point out on that wonderful map there, just that
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-- the far west side, is that where you're
3
proposing some open space and ballfields, the part
4
that would involve us there?
5
ballfields be?
Okay, up there?
6 7
And how about -- what's going to be there, right adjacent there?
8 9 10
MR. SMITH: east side.
Right there. It's buffered on the
All the development is to the west
side.
11 12
Where would the
MS. SPADARO:
Okay.
So it's
buffered by trees?
13
MR. SMITH:
14
MS. SPADARO:
Open space. Okay.
So are there
15
going to be any -- so whatever is there -- because
16
we're there -- because I know, you know, there are
17
already are trees there.
18
going to be removed or are they going to stay
19
there?
20 21
Are those trees actually
CHAIRMAN PASCALE: open space.
22
No.
That's
That will remain open space. MS. SPADARO:
Okay.
And about --
23
what is -- what is the width of that buffer in
24
footage?
25
You're talking what, 50 feet or -CHAIRMAN PASCALE:
We'd have to
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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look it up, but when the applicant comes back up,
3
I'll let him answer that.
4
could see it on the site plan.
5
MS. SPADARO:
6
CHAIRMAN PASCALE:
In the meantime, we
Okay, great. But that was
7
one of the reasons that we took a little extra time
8
with this particular application because we tried
9
to make the entire open space contiguous so that
10
there was no broken areas.
11
area you see there will be maintained.
12
So that all that wooded
MS. SPADARO:
Okay, great.
So in
13
the event, you know, one of the skydivers, you
14
know, they got blown off course, they'd be trees
15
for them to land in that wouldn't have any
16
involvement with -- with the --
17
CHAIRMAN PASCALE:
18
MS. SPADARO:
Well --
I'm just trying to
19
understand, you know, how much space can we -- do
20
we have to work with there, you know.
21
CHAIRMAN PASCALE:
Well, I never
22
understood why anybody would jump out of a
23
perfectly good airplane.
24
(Laughter.)
25
CHAIRMAN PASCALE:
I know I
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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31 wouldn't jump out.
3
MS. PRUSINOWSKI:
Okay.
Well,
4
it's the area approximately up to the -- the LIPA
5
lines that would remain as open space.
6 7
MS. SPADARO:
Oh, LIPA lines.
Yeah, there's actually --
8
MS. PRUSINOWSKI:
9
MS. SPADARO:
10
where that is.
11
there.
Okay.
Approximately. Yeah, I know
I used to -- there's an open track
Okay.
12
MR. DEDECK:
I have one question,
13
if I could ask.
14
noise factor and know that it is -- is there, in
15
the future, if someone does come to complain about
16
noise of airplanes, how would you handle that?
17 18
CHAIRMAN PASCALE:
I missed the
VICE CHAIR FORTE:
How would you
last part.
19 20
Since I'm concerned about the
handle that?
21
Noise of airplanes complaints. CHAIRMAN PASCALE:
I don't know
22
if there would be that much of a noise factor.
23
That buffering from that open space is going to be
24
substantial.
25
more than --
I don't think they'll hear anything
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MR. DEDECK:
Okay.
3
CHAIRMAN PASCALE:
-- what other
4
people that live in the area now.
5
that's quite a bit of buffer from the eastern, or
6
the southern boundary line.
7 8
MR. DEDECK:
But I mean
Very good, thank
you.
9
CHAIRMAN PASCALE:
10
think it would be much of an issue.
11 12
And your name.
State your name,
please and your address.
13 14
So I don't
MS. HEMFLING: Hemfling.
My name is Lauren
I live at 12 Old Manor Road.
15
On the plans it's under the
16
Brinkerts, but my husband and I recently bought the
17
home from them in May of last year.
18
My concern is the ballfields.
Our
19
whole backyard is cleared. And right now there's
20
just a chicken wire fence right up to that -- where
21
that ballfield is going to be.
22
Obviously I'm going to have
23
concerns that I'm going to have no privacy, no
24
backyard anymore.
25
there, lights, trash. I'm just concerned as to -- I
I mean kids are going to be
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hear buffers going between the houses, but houses,
3
what kind of buffer is going to be in between the
4
baseball fields and our homes?
5
CHAIRMAN PASCALE:
6
MS. HEMFLING:
7
10
And then my husband
and I saved up for --
8 9
CHAIRMAN PASCALE:
When Mr. Shea
comes back up, we'll ask him to address that as well, --
11
MS. HEMFLING:
12
CHAIRMAN PASCALE:
13
Okay.
Okay. -- give you the
boundaries and descriptions for that.
14
MS. HEMFLING:
15
MR. DITTKO:
16
believe there are not going to be any lights on
17
that ballfield.
18 19
MS. HEMFLING:
Okay. Mr. Chairman, I
They'll be no
lights?
20
MR. DITTKO:
21
MS. HEMFLING:
22
MR. DITTKO:
No lights. Okay. That's -- that's --
23
I believe that that's the case.
But we can
24
certainly look into it, but I'm almost certain that
25
there's going to be no lights.
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CHAIRMAN PASCALE:
All right.
We'll let Mr. Shea --
4
MS. HEMFLING:
Okay.
There's
5
still a concern with privacy though, you know.
6
It's right there.
7
No buffer at all. CHAIRMAN PASCALE:
It's -Okay.
I just
8
wanted the applicant to put that on the record as
9
such.
Okay?
10 11
MS. HEMFLING:
Okay.
Thank you
very much.
12
CHAIRMAN PASCALE:
The other
13
gentleman, you want to come back up and have a
14
seat. And in the meantime, Mr. Gleason, you're
15
next.
16 17
MR. GLEASON:
Thank you, Mr.
Chairman.
18
I'm Jim Gleason, a member of the
19
board of the East Moriches Property Owners
20
Association speaking on behalf of the association
21
and myself.
22
I have, I guess it's about five
23
points I'd like to make with respect to this plan.
24
In each case it seems to me there are things that
25
are not yet resolved and need to be resolved before
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35 there can be an approval.
3
I fully understand that this is
4
A-1 property.
5
some point.
6
interest in the development need to be taken care
7
of.
8 9
The owner has a right to build at But in the meantime, the community's
The -- a traffic study had been done, but a supplemental traffic study was
10
submitted after the preliminary approval.
11
something that had been asked for and opens up a
12
series of questions as to the sufficiency of the
13
traffic impact study that was done initially, as
14
well as the supplement.
15
It was
The main point that I -- one of
16
the main points that needs to be taken into account
17
is that the study does not count projected traffic
18
from other projects that are planned for this area.
19
It does mention the possibility of
20
a gas station on Riverhead Road, but it doesn't
21
include Eastport Meadows, which is a 50-unit PRC,
22
south of the Montauk Highway;
23 24 25
It doesn't include the Hamptons Club, which is approved for 64 single-family homes; It doesn't include Heritage
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36 Square, which is approved for 104 PRC-HC units;
3
It doesn't include Toppings Farm,
4
which is approved for four single-family homes on
5
Riverhead Road;
6
It doesn't include The Commons,
7
which is proposed for Eastport, about 33,000 square
8
feet of retail and office space;
9
It doesn't even include traffic
10
from the recreation facility that is planned on
11
this very site.
12
Given those failures, it seems to
13
me that the reports really can't be relied on and
14
there does need to be a traffic impact study that
15
can be relied on before there is approval of this
16
plan.
17
The data, I think you'll hear more
18
about the traffic impact study, but the data is --
19
is stale.
20
we're talking about Eastport. It is a typical
21
traffic impact study.
22
that come out of books.
23
computers, they generate numbers.
24
in many respects, show -- the starting point is a
25
book.
It doesn't really reflect the fact that
They take abstract numbers They put them into But it doesn't,
They figure how many vehicles come out of a
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37 single-family home.
3
Looking at Eastport, the residents
4
don't see the results that the traffic impact study
5
has indicated, particularly with the seasonal
6
adjustment.
7
they admit in the supplement that's being made.
It's a relatively minor adjustment as
8 9
The levels -- there are levels of F, Levels of Service F that are reported in the
10
supplement.
But even F -- that's the lowest
11
possible grade.
12
is not really acceptable.
13
in order to make a turn or go through an
14
intersection is not what people consider
15
appropriate in the southeastern part of Brookhaven.
16
It is supposed to be a rural area and that kind of
17
congestion just doesn't belong there.
For people who live in the area F Waiting for 80 seconds
18
But more than that, the other
19
levels that are used in standard -- in standard
20
studies, C, D and E also indicate levels of service
21
that are not satisfactory for the area.
22
you look at the report, particularly tables 2, 3, 6
23
-- 2 through 6, you will see that there are lots of
24
Cs, Ds, Es and Fs for the level of service that is
25
projected for this particular project, even without
And when
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2
taking into account all the other projects that are
3
being talked about for the area, one of which is
4
indeed even being built right now.
5
So we believe that the traffic
6
impact study is insufficient.
7
corrected before final approval could be given and
8
whatever is shown by it -- the problems shown by it
9
need to be mitigated.
10
That needs to be
A second issue is the location of
11
the recharge basin.
12
recharge basin doesn't belong in an Historic
13
District.
14
that consistently in its reports that have been
15
passed on to you with respect to this particular
16
project.
17
The fundamental fact is that a
The Historic -- the HDAC has been saying
It has said it again in the middle
18
of August of this year, August 18th and in another
19
letter dated September 30, that you all got, or at
20
least the Chairman received, and I assume,
21
therefore, you all have it, indicating that the
22
HDAC is against having a recharge basin in a
23
Historic District for the simple reason it's not
24
historic.
25
You have several houses on Old
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2
Montauk Highway, which -- which are indeed old
3
houses. It should be kept as a historic district.
4
Now I realize that work has been done with respect
5
to this issue and -- and at work sessions there
6
have been reports with respect to relocating the
7
recharge basin in the so-called triangle, the area
8
in the southwest corner of this property.
9
that was reported as not being something that could
And that
10
be done.
Basically, it's not big enough or it's
11
too low.
Whatever, it didn't work.
12
But that doesn't resolve the
13
problem of where to put it because it's in the
14
wrong place at the present time.
15
I'd like to hand up to you copies
16
of portions of some earlier plans that were
17
submitted by the applicant.
18
What these show is that back in
19
2009 there were proposals to put the recharge basin
20
elsewhere.
21
and it would be buffered.
22
something that would be seen from the Old Montauk
23
Highway.
24 25
It would be off the Old Montauk Highway It would not be
Now, if -- I'm not by any means suggesting that it ought to go here.
The plan has
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2
changed since then.
3
it is at least feasible that a recharge basin be
4
put somewhere in this area and with not too much
5
imagination it could be reconfigured in such -- the
6
basin could be configured in such a way that it
7
would satisfactory -- the Pine Barrens' concerns
8
and the environmental concerns.
9
What I'm doing is showing that
At this point, it seems to me with
10
the advice of the -- of the HDAC, there really has
11
been no hard look at the other alternatives for the
12
location of the recharge basin.
13
Now, with respect to the east
14
buffer, which has already been discussed somewhat,
15
it is certainly the position of our association
16
that there should be a 25-foot non-disturbance
17
buffer along the east boundary on the backs of lots
18
5 through 15.
19
At the present time, there is
20
indeed -- there are indeed trees on -- in parts
21
behind some of the houses.
22
If you look at -- Brenda, if you could blow up that
23
area again, you will see that there is a mark on
24
the plan as to where the trees are.
25
average, it's about 25 feet.
There are trees there.
And on
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For example, you see it right up
3
in here? You see the trees and they continue on up.
4
Not every lot has trees, but many of them do.
5
Approximately 25 feet is what I would say.
6
Now there is a condition that has
7
currently been recommended which would require that
8
trees be kept to the extent possible.
9
no required covenant that would bind the future
But there is
10
owners of these lots to maintain those trees.
11
as soon as they moved in they could decide they
12
didn't want a tree in the backyard.
13
rather have a swimming pool where the trees are and
14
they could go ahead and do it without any
15
particular restriction other than the ones that
16
would normally apply.
17
So
They would
There ought to be a required
18
buffer which would be a covenant that would run
19
with the land that would protect the people who
20
have been living on Old Eastport Manor Road for
21
years.
22
The Sachaks (phonetic), you have
23
two letters, by the way, one that came in today and
24
one that should have come in this morning.
25
two brothers.
They're
The family's been in the house for
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many years.
3
years and all of a sudden changes need to be made.
4
They need to be made, that's true. But they can
5
also be protected in the process and that's what
6
we're suggesting.
7
The people have been living there for
Now there were sound reasons,
8
evidently, for having a buffer around the Keck
9
(phonetic) property, which is located just off the
10
bottom of the what you can see on the screen at the
11
present time.
12
Same reasons that existed for
13
buffering the Keck property exist for protecting
14
the other houses along Eastport Manor Road.
15
The -- I was pleased that the --
16
the buffer in the north is being moved to just
17
behind the houses in the north.
18
however, that should happen with respect to it, is
19
that it should not be seven-foot evergreens that be
20
put in, at least not evergreens that stay seven
21
feet.
22
One thing,
The evergreens that should be
23
required by that covenant are ones that are going
24
to grow and get tall.
25
putting evergreens along the northern part of the
Because the whole point of
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property is to protect the vista, the vista of the
3
meadow which is necessarily going to be disturbed,
4
indeed, destroyed by the houses that go there.
5
So if there are tall evergreens
6
that grow up behind the houses, it will be a much
7
better looking vista.
8
location is good, the condition should be or the
9
requirement should be clear that they are trees
10
And so while moving the
which will grow tall enough.
11
And finally, I'd like to mention
12
the soil management report which was submitted, I
13
believe it was this summer.
14
as you would expect, since this was formerly farmed
15
land, that various pesticides were found in the
16
soil.
17
found in the soil.
18
The report indicates,
And that various metals and arsenic were
There is in the report -- there
19
are plans for remediating that.
20
consists of taking some of the soil off the site
21
and burying other soil on the site.
22
And basically it
Now the condition, which I think
23
you have before you, does require -- well, first of
24
all, it's -- one of the conditions is that the
25
report be submitted.
So I take it from that since
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2
it's already been submitted, that it hasn't been
3
approved.
4
be looked and okayed by the appropriate people
5
within the Town and maybe that's been done already,
6
it's just not evident.
The report does need, I would think, to
7
But secondly, condition 30 -- and
8
that was 29 by the way that says it should be
9
submitted.
Condition 30 --
10
CHAIRMAN PASCALE:
Mr. Gleason,
11
I'm going to have to ask you to wrap it up.
12
There's a number of other people and you've gone
13
over your time.
14
presentation.
15 16
So if you could just conclude your
MR. GLEASON:
I'm almost at the
end, sir.
17
CHAIRMAN PASCALE:
I know your
18
almost at the end. They're another 20 minutes.
19
know them.
20 21 22
MR. GLEASON:
No, no, no.
I
I'm
really just about there. So condition 30 in the
23
recommendations says that there has to be a
24
certification submitted later on in the process.
25
We submit that there should be a procedure built
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2
into the conditions so that there is some kind of
3
retesting or something to make sure that when all
4
is said and done, there is not arsenic or some
5
other pesticide in the backyards of the new homes
6
to be built.
7 8
And, Mr. Chairman, I'm pleased to say that I have now concluded what I want to say.
9 10
And what I would like to do is to hand up --
11 12
CHAIRMAN PASCALE:
All right.
Well, why don't --
13
MR. GLEASON:
-- a letter
14
completed rather late today, which has additional
15
points in it with respect to these issues.
16
certainly ask that members of the board take a look
17
at it before reaching a decision on this
18
application.
19
CHAIRMAN PASCALE:
20
them up to us.
21
speakers.
Okay.
And I
Hand
I know there are a number of other
22
Gentlemen, sir.
23
MR. JOHNSON:
24
Pascale, good evening.
25
evening.
Yes.
Chairman
Members of the board, good
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I'm David Johnson.
I live at 8
Old Manor Road.
4
I don't know if we could pull the
5
map up.
I actually will be -- it's the, you know,
6
Johnson residence.
7
appears that under the current proposal --
You have to zoom it in.
And it
8
(Discussion off the record.)
9
MR. JOHNSON:
Yeah, that's the
10
lot in question.
11
can see, half of my backyard would be, I guess,
12
somewhat adjoining a prospective backyard.
13
it.
14
That would be my lot.
And as you
That's
And then the other half would be
15
part of this proposed, you know, we use term
16
ballfields or whatever.
17
going to put in there.
18
has any plan for how that may built.
19
going to be a homerun fence there? Is there going
20
to be a --
21
I don't know what they're I don't know if the board
CHAIRMAN PASCALE:
Is there
We don't know.
22
It's going to be a Town -- it's dedicated to the
23
Town and they're going to do -- make ballfields out
24
of them.
25
I don't know exactly what those ballfields are
I -- unless somebody on this board knows,
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3 4
MR. JOHNSON:
Well, I
think --
5 6
All right.
CHAIRMAN PASCALE:
I'm assuming
baseball fields and things of that nature.
7
MR. JOHNSON:
I think it was
8
already commented by one of the board members, I
9
believe Mr. Dittko, that they were not -- he didn't
10
know for sure of whether they were going to put
11
lighting or illumination up there.
12
MR. DITTKO:
From what I
13
understand, Mr. Chairman, the organization that
14
would use those fields is part of the Little
15
League.
16
League, those games cannot last past 8:00 anyway.
17
So they -- they don't need lights and I don't think
18
that they're looking for lights.
And since they become part of the Little
19
MR. JOHNSON:
Okay.
If I may,
20
around the corner in, I think it's Moriches, there
21
are ballfields.
22
League most of my adult life and games go well
23
beyond 9:00.
24
over there.
25
I've actually coached Little
And they're all illuminated fields
My concern would be is if there
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would be a requirement for the filing of a covenant
3
or a restriction on the fact that there will be no
4
illumination of any fields that are there?
5
My next door neighbor who, Lauren,
6
who also -- she lives in the house right above, it
7
says Gerard.
8
other words, they can see a visual straight from
9
their backyard all the way to the other side.
Their lot is completely clear.
10
In
Mr. Shea, I believe, counsel for
11
Woodland Meadows, and I have had a conversation
12
earlier.
13
Board, with respect to buffers on the easterly
14
side, that they had initially proposed a buffer and
15
that the Planning Board wanted, I guess, to keep
16
matters contiguous so they basically pressed this
17
development square against the back of the
18
property.
He actually indicated that the Planning
19
There are some tree lines as you
20
go further south.
21
next door neighbor's property is.
22
back is wooded, but once that field starts there's
23
no tree line there.
24 25
There is no tree line where my
MR. SMITH:
My lot in the
There is a 50-foot
buffer, as you can see, from the field to those
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properties in both the -- to the west and to the
3
south there's a 50-foot buffer.
4
MR. JOHNSON:
5
the east?
6
buffer that abuts my backyard?
On that east property line is there a
7
MR. SMITH:
8
MR. JOHNSON:
9
Well, what about in
Below the ballfield? Yes, including the
ballfield.
10
MR. SMITH:
The ballfield has a
11
50-foot buffer onto that side.
12
don't and the reason for that is that it's a
13
cluster development and all of the land that was
14
preserved was moved to the east side of that
15
property.
16
The lots below
So -- and the lots were about half
17
the size of what they could have been. So because
18
they gave all this property back and they cluster
19
zoned it, the lots themselves being half of what
20
they should be, I don't believe have any
21
restrictions on them.
22
MR. JOHNSON:
Well, that -- and
23
that, I think, is my point.
Is that I think
24
certainly, as I think this gentleman had pointed
25
out, there are greater buffers for that very reason
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on other portions and boundary lines.
3
such buffer that I can see from my property or my
4
neighbor's property.
5
There is no
And while I understand -- from
6
what I understand, this is an as-of-right cluster.
7
In other words, you've compacted what they
8
otherwise might have been able to do on one-acre
9
zoning into this cluster group.
10
And quite candidly, I don't know
11
the wisdom of the board.
12
pre-suppose to know it.
13
putting homes -- other backyards against our
14
backyards.
15
I'm not going to However, you're now
In my instance you'll see they'll
16
be a ballfield.
17
tell you now it's an open field and there's
18
problems with trespassers.
19
back there, they come back there they smoke their
20
dope.
21
over on the property.
22
Now I have woods there.
I've caught kids.
I can
Because I have woods
They leave garbage all
And now what you're proposing to
23
do and, again, having coached Little League and
24
many of you may have been participating in it,
25
there's no doubt in my mind that you know with
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activities going from the earliest point they can
3
throw baseballs to the latest point they can throw
4
baseballs, you're going to have parents, traffic,
5
ice cream trucks, garbage, debris, Gatorade
6
bottles, you name it.
7
fields and it's going to come into our woods and
8
into our backyards.
9
It's going to go on those
And so I don't see a buffer. And
10
while I understand the nature of cluster, I think
11
if you look at the total number of acreage, that
12
certainly, rather than pinning these homes against
13
our properties on that south side, at a minimum
14
that should be pushed over.
15
Again, I would question the wisdom
16
that if you flipped the whole project and made the
17
backyards of those homes the wooded section on the
18
other side, closer to the air field, in the wooded
19
section there would be no one disturbed.
20
would be nothing but woods back there.
21
be it.
22
There That would
Now I recognize the builder's
23
desire not to have homes built on the southern, you
24
know, along the South Service Road of Sunrise
25
Highway.
However, you know, for the aesthetics,
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everything just seems to be pushed onto that
3
easterly wall.
4
consideration should have to be given as to what
5
the impact is.
6
what the impact is with respect to these ballfields
7
because we don't know what is going to be there.
8
But we do know that ballfields attract people.
9
have parking.
10
And I think really due
And right now you can't tell me
You have garbage.
You
You have noise.
And additionally, right now as it,
11
and I don't know -- I believe, Mr. Shea indicated
12
he believed that the road we live on, Old Manor
13
Road, which kind of wraps around.
14
it's -- I think it's all Old Manor Road, but it's a
15
dead end.
16
used earlier, emergency entrance or access.
I don't know if
And so I don't know, I heard the term
17
We need and, of course, I would
18
like assurances, that the dead end street that we
19
have is not going to become a major thoroughfare
20
for people to access ballfields or for there to be
21
emergency access and I don't know if that has
22
been --
23
CHAIRMAN PASCALE:
I'm going to
24
have to ask you to conclude.
But emergency access
25
would be on the other side. And that would only be
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made available to emergency vehicles such as fire
3
trucks and things of that nature.
4
crash gate where they can actually go through.
5
wouldn't be for public access.
6 7
next four people up. MR. JOHNSON:
Well, if I may, just
briefly because I have to --
10
CHAIRMAN PASCALE:
You have to
11
conclude.
12
number of people and it's going to be a long --
13
MR. JOHNSON:
14
You've gone over your time so we have a
CHAIRMAN PASCALE:
19
I'll give you
one more minute.
17 18
If I could beg just
for two --
15 16
It
So I'm going to have to call the
8 9
It would be a
MR. JOHNSON:
All right.
Thank
you very much. Just very quickly. The number of
20
houses -- I want to make sure the board address the
21
issue of the tax base.
22
Elementary School that the students are literally
23
going to school in annex trailers.
24
to incorporate all these other homes, in addition
25
to all the other development, are we now going to
Right now we have Eastport
Now we're going
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54 have to have another elementary school?
3
I mean this seriously has to be
4
looked into.
5
they were literally put into annexes.
6
put into trailers.
7
Our kids, starting with my children, They were
All the other issues, I think,
8
regarding the pesticides -- the reason we have City
9
water now on Old Manor Road was because of the
10
water quality.
11
can just imagine what the soil would be and whether
12
or not the disturbance of that soil, just the very
13
excavation of that soil, whether that creates any
14
kind of airborne issues or like, I don't know if
15
the board has examined that.
16 17
The well water was no good.
So I
I thank you very, very much for your time.
18
Again, my issue is traffic,
19
garbage, noise and a buffer, at a minimum, a
20
substantial buffer on the easterly side adjoining
21
our homes.
22
Thank you.
23
CHAIRMAN PASCALE:
24 25
All right.
want to thank each and every one of you. Dr. Forte, we have how many more
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55 speakers?
3
VICE CHAIR FORTE:
4
CHAIRMAN PASCALE:
5
speakers.
Four. Four more
We'll call them up.
6
VICE CHAIR FORTE:
Ann
7
Youngerman, Andrea Spilker, Jennifer Malone and
8
Richard Beckhow.
9 10 11
(ANN YOUNGERMAN, ANDREA SPILKER, JENNIFER MALONE & RICHARD BEKHOW, were duly sworn.)
12 13
CHAIRMAN PASCALE:
Okay.
We'll
start with the lady on my right.
14
Please state your name and
15
address.
Speak into the mike.
16
microphone a little.
17
You can lower the
MS. YOUNGERMAN:
My name is Ann
18
Youngerman.
19
southern boundary right across the street from the
20
fields.
21
I live at 447 Old Montauk Highway, the
First of all, I'm -- the recharge
22
basin would be right across the street from me the
23
way it looks right now.
24
trees and, you know, pines that have sprung up out
25
of nowhere. And I would like if you -- I hope that
There's some scraggly
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56 you can relocate the recharge basin.
3
But I would like it that you leave
4
the vegetation that's there.
5
great but to destroy that, then I'll have the
6
houses right in front of me.
7
quite makes sense.
8 9
It may not look so
I don't know if that
But I'm opposed to recharge basin where it is. Right next to the recharge basin is
10
the entrance to the proposed subdivision.
I think
11
further traffic study needs to be done.
12
narrow road.
13
because they bypass Eastport Manor Road.
14
trucks come speeding down that road.
15
around the corner that leads back onto Montauk
16
Highway.
That's a
Big trucks come by it all the time
17
Anyway,
They go
I just -- I think you're kind of
18
-- the whole thing, I think, needs to be studied
19
more, looked at further.
20
years I think this is a feasible idea.
21
up this whole field at this point to start putting
22
sewage in, start putting streets in.
23
if you build a subdivision and nobody came or
24
nobody can buy it.
25
things are right now.
It's -- maybe in 20, 25 But to open
I mean, what
And that's basically the way
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I think there are about 70 homes
3
for sale in Eastport.
They've just opened up along
4
Seatuck Avenue, a retirement community for 55
5
people; they're townhouses and they built ten of
6
them already.
7
maybe they finished these first -- the first phase
8
they say four or five months ago.
9
one of those.
They've been there, I don't know,
They've not sold
They're just sitting there.
10
And I get mailings, you know,
11
we'll trade your house for -- if you're interested,
12
we'll hold your deposit for so long.
13
strip malls in back of Spadaro Airport a couple of
14
miles away.
15
a -- I don't know how you say it, a moratorium on
16
building or looking at things for another five or
17
ten years.
I see empty
I just think there needs to be sort of
18
I mean, look at Las Vegas, they
19
overbuilt and now they're giving away homes.
I
20
mean, look at Fort Meyers.
21
there are these subdivision that have -- have --
22
they built and now they're, you know, there's no
23
one there for these homes.
24
know, change is gonna come, but last year you
25
approved this.
All over the country
And I realize, you
Now why is this rush to push this
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thing through and put up one or -- you know, I just
3
hate to see a beautiful vista destroyed before it
4
needs to be destroyed.
5
So those are the main issues.
6
I'm worried about -- I know you said there's no
7
lighting on the ballfield.
8
people -- many people have addressed that.
9
Nobody's talked about possible street lights on
10
this project.
I really hope that
I hope there are no street lights.
11
And the soil is another big issue.
12
You know this last year alone we've had so much
13
snow and they don't know where to put this snow.
14
There's all this talk about, oh, we're going to
15
dump this in the river.
16
that. You know a lot of this stuff can be airborne
17
once they start digging the ground.
18
kind of playing with a can of worms on it.
19
you gotta be -- I just -- I don't think you should
20
rush this project along, that's all I'm saying.
21
But there's pollution with
You're just I mean,
I think you need a lot more to
22
look at.
There's no -- there's no reason to push
23
this so -- try and push this through so quickly.
24
There's a lot that has to be looked at more
25
closely, I think.
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CHAIRMAN PASCALE: Well, thank you very much.
4 5
MS. YOUNGERMAN:
CHAIRMAN PASCALE:
10
We have to
move on to the next --
8 9
And that's
basically it.
6 7
All right.
Mr. Zarcone, could you just step out to the lobby and ask those -- I'm having a hard time hearing.
11
Thank you.
12
I'm sorry, the next lady.
13
MS. SPILKER:
14
thank you.
15
Eastport.
16 17
I'm Andrea Spilker and I live in
And I've sort of become a -- an ad hoc representative of the community.
18 19
Good evening and
I have a small map. Can I bring it up?
20
CHAIRMAN PASCALE:
21
MS. SPILKER:
Thank you.
You've heard from
22
most of the residents that were able to come
23
tonight.
24
few more.
25
Not all of them are here.
They'll be a
Obviously, they care a lot about
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the buffers that will be backing onto their homes.
3
I think with all of this -- we understood this was
4
an as-of-right development.
5
how do you balance the as-of-right that the
6
developer has for someone to buy a new home with
7
people who've lived there, in this case for
8
generations.
9
needs to be paid to their concerns.
10
The question really is
And I think that attention really
So I'm hoping that you will be
11
able to do that and work out something.
12
a lot of talk about all the contiguous space and
13
from an environmental standpoint, I can understand
14
it.
15
expense of the living conditions of the people that
16
are there.
17
I've heard
But that should not be done totally at the
Jim was right though, I did want
18
to spend some time talking about traffic.
You
19
might remember we turned in, I think it was 1,500
20
signatures on petitions that I gathered.
21
it was three weekends, a couple of hours each day
22
standing in front of the King Kullen in Eastport.
23
And one of the reasons I handed
I think
24
out the map -- if you look at this, in this case
25
all roads lead to Eastport Manor Road.
You're
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talking -- and for those that know it, it's a --
3
for the most part it's a narrow two-lane road, one
4
lane in each direction.
5
shopping center on one side.
6
office and a couple of little stores on the other.
7
You've got the King Kullen You've got the post
At some point the hamlet center
8
will come back, although we were very grateful that
9
at this point it's not going to be the monstrosity
10
that was being proposed.
11
But when you're talking about
12
traffic, in this case you're talking about adding
13
70 more homes, whatever that is, 100 and -- could
14
be up to 140 cars, maybe less, going out onto Old
15
Montauk Highway, which is a very small, narrow
16
road.
17
make a right or a left turn onto Montauk Highway,
18
for the most part if you want to do your shopping.
Feeding -- where you're going to have to
19
You've also got the Hamptons Club
20
which is also -- every single car coming out of the
21
Hamptons Club, whether it's the 64 homes they're
22
going to build or the 119, every one of them has to
23
come out onto Eastport Manor Road.
24
other way to work it.
25
There is no
I think this is a disaster waiting
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to happen in this particular community.
We already
3
have more homes -- I'm sorry, more accidents in
4
this area than -- it's an above average accident
5
area.
6
asked you -- not just you, but the Town Board as
7
well.
8
them to please do a traffic study for this area.
And I think that's a serious problem.
I've spoken to the County.
9
We've
We are begging
My concern with their particular
10
traffic study had to do with the timing of it. I
11
couldn't tell when they did their peak time.
12
traffic study was done in February.
13
else, all the other numbers were extrapolated based
14
on that.
15
who lives here has a hard time with something done
16
in February.
17
little bit offensive.
Their
And everything
I have a hard time with that.
Anybody
And I find, frankly, that being a
18
They've added in, from what I
19
calculated, a 19 percent seasonal average thinking
20
that in the summertime there will be 19 percent
21
more cars.
22
not going to be 19 percent.
23
with the study.
24 25
Now anybody that lives here knows it's Those are problems
To me, the other problem with the study, was the fact that, as Jim mentioned, all
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these other developments were omitted.
3
doesn't seem to be a consideration of the impact of
4
the traffic.
5
There
So again, I'm asking you, please,
6
if possible, either let's do a real study for the
7
area or let's come up with some kind of plan so
8
that this development is not going to be a -- a
9
real tragedy for the community of the Eastport.
10 11
Just to quickly to come up with something that else that has been mentioned.
12
In terms of the rural character,
13
if on the Donald Street emergency access, if you
14
can keep it rural, keep the crash gate with wood
15
with pavers with grass in them, but the other big
16
thing that I think, perhaps, if you're going to
17
take a look at it, is to have a phased in build out
18
so that if and when they do build, that it isn't
19
done so that the entire area is excavated and we're
20
going to be living with empty, you know, empty
21
homes or a work site for years and years.
22
We all know what's going on with
23
the economy.
Frankly, we have too many empty homes
24
already.
25
the street on Seatuck where you have beautiful
Ann talked about the problem just down
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64
2
homes, at least the interiors are beautiful, and no
3
one's buying them.
4
So that to add in another 70 that could remain
5
vacant for a long time is a real problem.
6
No one's buying existing homes.
And I have to say, lastly, the one
7
thing I'm hoping is that the -- they're not allowed
8
to come back for a hardship the way the Hamptons
9
Club is.
The Hamptons Club, you know, built three
10
homes and they said, there's no market for them. We
11
need to do something else.
12
The last thing we should be
13
setting ourselves up for is another situation where
14
another developer says, you know what, you approved
15
70 homes, but you know what, it's really not
16
working.
17
Let's do something. We've got to plan for the existing
18
conditions we have.
19
that.
20
right way.
Yes, we will grow.
They do have rights.
But let's do it the
21
CHAIRMAN PASCALE:
22
MS. SPILKER:
23 24 25
We expect
Okay.
Thank you very
much. CHAIRMAN PASCALE:
Just to
address one of your concerns. Part of the
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conditions on all of our applications is that
3
individual lot clearing shall not occur until a
4
valid building permit is issued for each individual
5
lot.
6
forward that they would clear cut the entire 70
7
lots and build them in the future.
8
clear cut a property until a building permit is
9
obtained so they would have a structure.
So they're not going to go in if it goes
10
Thank you.
11
Ma'am.
12
MS. MALONE:
13
Jennifer Malone.
14
Highway.
They can't
Good evening.
I'm
I live at 412 Old Montauk
I'm just east of the project.
15
Okay?
Okay.
My biggest concern is the traffic.
16
It is a small road.
17
it.
18
trucks, like she said, coming up and down the road
19
already.
20
of a development and go?
21
car per household.
22
You can't put 140 cars on this road at one time.
23
It's impossible.
24 25
There's not a lot of houses on
You start bringing in all -- there's been
Where do you expect 70 cars to come out And that's if it's one
If you have two, that's 140.
My other concern is the impact on the school district, the post office, the fire
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department, summer traffic.
3
-- while the construction is going on, on us
4
residents that are local around there.
5
going to be a lot of debris flying around.
6
know that it's contaminated.
7
happen to us being outside in the fresh air?
8 9
And the impact on the
There is We all
What's going to
The ballfields, wherever they plan on putting them, where are they providing parking
10
for these people to play at the ballfields?
Are
11
they going to be parking on our front yards on Old
12
Montauk Highway?
13
And I'll send it over to you.
14
Thank you.
15
DR. DACK:
Good evening.
My name
16
is Dr. Richard Dack and I live on Donald Street.
17
So naturally I'm going to be concerned with the --
18
many of the same issues that were discussed before.
19
But hopefully I will be offering you at least a
20
partial solution at the end of my testimony.
21
I do have a number of questions
22
because I -- I'm surprised this was a final hearing
23
because I felt there were so many things that were
24
not yet dealt with.
25
go -- review some of the other things people have
And, you know, just to quickly
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67 mentioned.
3
They talked about the groundwater.
4
Seventeen years ago my house was hooked up by
5
Federal Superfund funds to the Suffolk County Water
6
Authority because of dactyl.
7
ingredients in dactyl, you may be familiar with, is
8
dioxin.
9
of what dioxin is and what it does to people.
10
cancer-causing effects, the birth defects and
11
everything with dioxin.
One of the key
As a Vietnam-era Veteran, I am very aware
12
The
I don't know that this area has
13
been tested.
14
which again, has as one of its key ingredients is
15
dioxin, was present.
16
But I know 17 years ago, dactyl,
Also, they use a tremendous amount
17
of phosphorous, phosphorous -- and I'll leave these
18
things with the clerk.
Phosphorous, as you know,
19
is used as fertilizer.
These fields as sod farms
20
were extensively fertilized, very, very heavily
21
fertilized, and as you may be aware, are a 222,
22
also known as radon gas, is a major bi-product of
23
these phosphates fertilizers.
24 25
So I'm asking if the Town has looked into that and has looked into any possible
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68 liability that may occur.
3
I also want to talk about the
4
access.
We've been told again that they can't
5
access from Sunrise Highway.
6
from Google Maps. And it shows that at the same
7
interchange there are currently three accesses to
8
developments directly to the service road at the
9
same interchange.
And I have a picture
So it seems to be arbitrary to
10
me that, you know, why are those chickens better
11
than us chickens.
You know what I'm saying.
12
I understand one of them, in all
13
fairness, is a temporary -- only to be used during
14
the construction phase, but the other two accesses
15
over here on the north side are -- at the same
16
interchange are to the service road.
17
leave this with the clerk.
18 19
Again, I will
Just to mention some of Rich Sachek's issues.
20
I felt it was very cavalier that
21
the man who described -- the man who was sitting
22
here earlier, who described the fence -- by the
23
way, which is not a fence.
24
hedge that the Sachek Family has maintained for 65
25
years.
It's a hedge.
It's a
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I believe if they had a good
3
lawyer, they would have had, under common law, the
4
fact that they've maintained the lawn area and that
5
hedge for 65 years, that they could have claimed
6
that property.
7
Town and the people involved about the -- the
8
English common law provisions for claiming that
9
land when you've maintained it for such an extended
10
Perhaps Ms. Reilly could advise the
period of time - three generations.
11
I thought it was cavalier the
12
attitude, that the gentleman who described that
13
hedge as a fence and we'll just take that area
14
because it's ours, you know.
15
cavalier, disdainful attitude.
16
Just a very, very
As far as the crash gate is
17
concerned, I -- if you think of that area, if you
18
could show the other map, sir, that was there
19
before -- okay.
20
you zoom out a little bit or not?
21
And if you look at this -- could Okay.
Here is the -- the emergency
22
access area.
Think of this a balloon.
Okay.
You
23
blow up a balloon, a little vinyl balloon for your
24
kid.
25
part that sticks out; right? Well, this is the
You tie it off and then there's that little
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little part that sticks out.
3
balloon tied off.
4
And this is the
We'd have to be idiots to think
5
that this access road will ever be used for
6
anything meaningful.
7
the balloon.
8
neck.
9
way, the firemen in Eastport are very good at
10
We're not idiots.
You're tying it off right at the
See, one, two, three, four houses.
carrying hose.
11
Think of
By the
They can carry it up that distance. You're gaining absolutely nothing
12
because if there's a fire here, you know, or here
13
or here -- yes, these areas would be blocked.
14
you know, you really that access from the northern
15
areas.
16
But,
That buffer area, by the way, I
17
would like to see any -- any of you stop a 12-year
18
old from going across that somehow buffer area.
19
You describe it as if they're snake traps there and
20
policemen and guards standing there.
21
buffer area, back, back, back!
22
It's a buffer area.
23
There's a
It's a buffer area.
It's a clear field!
Again, if you want to take a look
24
at this picture, you'll see that there's not a
25
shrub there.
A buffer area that has nothing there
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71 isn't a buffer area.
3
We are not idiots.
So think of my balloon analogy and
4
realize that where they're talking about the access
5
road has no sense.
6
then I would defer to my -- my friend here who has
7
suggested that they maintain the historic nature.
8 9
But if you want to put it up,
Because I'll tell you, when I built the renovation on my house, it cost me
10
thousands of dollars extra because I had to go
11
through the Historic Board of -- it's a historic
12
transition area.
13
couldn't do and many things I had to do. And, plus
14
Hurricane Katrina occurred so even my basic
15
materials went up thousands and thousands of
16
dollars.
17
And there's many things I
I would hope that, since that is
18
in the Historic District, you know, that if they do
19
do that, think about the same cobblestones I'm
20
required to put at the end of my driveway that they
21
put on that road.
22
consistent with the rural character.
23
Again, a fence that's
I think that the idea of that
24
access area, again at the neck of the balloon, is
25
ludicrous.
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CHAIRMAN PASCALE: sir.
I'm going to ask you to conclude.
4 5
DR. DACK:
And also again, the
50-foot --
6
CHAIRMAN PASCALE:
7
conclude your presentation.
8
DR. DACK:
9
CHAIRMAN PASCALE:
10 11
DR. DACK:
-- access area --
Again, the issues of where are the people going to park these cars -CHAIRMAN PASCALE:
15
DR. DACK:
-- when they play
CHAIRMAN PASCALE:
We heard you,
sir.
19 20
Sir, --
ball --
17 18
Sir.
-- maybe that could be
14
16
If you can
made into an access road.
12 13
All right,
DR. DACK:
-- I think it's called
a buffer zone.
21
Thank you, Mr. Pascale.
22
CHAIRMAN PASCALE:
23
You're welcome.
Thank you.
Thank each and every one of you.
24
DR. DACK:
Who do I give these to?
25
CHAIRMAN PASCALE:
You can bring
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2
them up to me and I'll hand them to the clerk or
3
you can just hand them right to Ms. Sillaro.
4
DR. DACK:
Oh, I did say I had a
5
solution, could I just give that?
6
very brief.
7
CHAIRMAN PASCALE:
8
DR. DACK:
9
CHAIRMAN PASCALE:
I'll make it
Very brief.
Very brief. I want to hear
10
from everyone but I want to be fair, as well.
11
DR. DACK:
12
over a little bit, sir?
13
a little bit.
14 15
Could you move this
If you could move it over
CHAIRMAN PASCALE: speak over me.
16
DR. DACK:
17
CHAIRMAN PASCALE:
18
Please don't
Okay. Please do not
speak over me.
19
DR. DACK:
I certainly won't, sir.
20
CHAIRMAN PASCALE:
I'll give you
21
just a very brief time, because I'm trying to be
22
fair to everybody.
23
DR. DACK:
24
I was trying to hurry.
25
little bit; or not?
I was only -- because
Could this be moved over a
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Thank you very much.
3
You know, if we can think about
4
this as just eliminating a little bit of the greed
5
factor here and eliminate this lot and this lot.
6
And do your magic with the computers that all of
7
the builders and planners have and incorporate this
8
lot into what is that road -- you shift this whole
9
thing over for the price of two lots.
10 11
And I think that would improve the quality for -- but many of those people --
12 13
Okay.
CHAIRMAN PASCALE:
Excuse me,
sir, sir.
14
I'm going -- you're finished.
15
Thank you.
16
DR. DACK:
17
Okay.
So again,
there's my proposed solution --
18
CHAIRMAN PASCALE:
Well, I heard
19
it and I'm sure the applicant heard and I'm going
20
to bring the applicant back up to address a lot of
21
the concerns.
22
Thank you very much.
23
DR. DACK:
24
CHAIRMAN PASCALE:
25
Thank you very much. You're more
than welcome.
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Mr. Shea.
3
MR. PASQUALE:
4
CHAIRMAN PASCALE:
We called all the cards we had.
8
Well, come on up.
9
can come up.
10
If you filled out a card, you
MR. PASQUALE:
I filled out the
first card.
12 13
CHAIRMAN PASCALE: didn't see a card for you.
No problem.
So --
14
MR. PASQUALE:
15
CHAIRMAN PASCALE:
16
Mr. Shea, one
second.
7
11
I
filled out a card.
5 6
Excuse me.
That's okay. Just be sworn
in and state your name and address for the record.
17 18
(STEVE PASQUALE, was duly sworn.)
19
MR. PASQUALE:
My name is Steve
20
Pasquale.
21
basically across Patterson Avenue, lined up with
22
the crash gate.
23
I live at 10 Donald Street.
And I'm
Firstly, on the handout that was
24
over here, it says here that the zoning is A-1
25
Residential and NH-H Health; is that an error?
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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CHAIRMAN PASCALE:
No.
NHH
3
Health facility.
But they're not using it.
It's
4
for the zoning that's currently on the property.
5
But they're utilizing the A-1 portion.
6
MR. PASQUALE:
7
this health facility go away a long time ago and
8
then they changed it?
9
But I mean didn't
CHAIRMAN PASCALE:
I'm not sure of
10
that.
I'll ask the applicant when he comes back
11
up.
12
it's not part of the application that's being
13
presented.
It's not part of this -- although it's listed,
14 15
MS. PRUSINOWSKI:
It's being
dedicated.
16
CHAIRMAN PASCALE:
17
PRUSINOWSKI:
18
Excuse me?
That area is being
dedicated to the Town.
19
CHAIRMAN PASCALE:
All right.
20
When the applicant comes up, I'll let him address
21
that.
22
MR. PASQUALE:
Okay.
Thank you.
23
I've lived there for 33 years and
24
a few people alluded to the D'Lalio Sod Farm.
25
put a new well in for the cost of $4,000 and
I
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received a letter from the Health Department
3
telling us that we couldn't drink the water.
4
It was at least three years --
5
there was even a week that we couldn't take
6
showers.
7
brought up the whole business of all those
8
pollutants and that affected all the houses to the
9
south because it all just went right down through
And my neighbor, Richard Dack just
10
their wells, which is how we ended up getting what
11
we call street water.
12
The historic homes there that were
13
briefly mentioned, I believe there are two Keck
14
houses and at least two Sachek houses, Rick being
15
one of them.
16
houses and I think somebody mentioned 65 years.
17
Stella Sachek just passed away.
18
leave that house. And one boy lives in North
19
Carolina and the other one in Connecticut.
20
born there and spent her whole entire life there.
21
That's the transitional historic zone.
22
Those people were born in those
She refused to
She was
If I'm not mistaken, John Keck and
23
then there's another Keck house next door where
24
Barbara Jamieson grew up, who now lives in her own
25
home on the same piece of property, so she's been
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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78 there for her whole entire life.
3
If I'm not mistaken, John Keck has
4
a buffer between his property and the backyards of
5
those houses.
6
zone?
7
buffer, which I thought was mentioned, and no one
8
else does.
9
historic zone because the line runs right through
10
the middle and I'm in the transitional zone; am I
11
right or you can't quite tell from that?
Is that because he's in the historic
I'm just wondering why does he get a
And I think it's because he's in the
12
CHAIRMAN PASCALE:
Are you asking
13
us why you're not getting a buffer and one other
14
lot is getting a buffer because they're in a
15
transition zone or a historic zone; is that your
16
question?
17
MR. PASQUALE:
18
yeah.
19
buffer there.
I thought somebody said that there's a
20 21
CHAIRMAN PASCALE: number are you on?
22 23
And what lot
Where do you back up to? MR. PASQUALE:
You see Barbara
and Ralph Jamieson?
24 25
I'm wondering,
CHAIRMAN PASCALE:
Do you see it
on the map?
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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MR. PASQUALE:
Bottom right
3
corner.
Where you're winging around there, that's
4
Barbara and Ralph Jamieson.
5
Patterson Avenue runs from Donald Street in front
6
of Ralph's house down to Old Montauk.
7
I'm across the street.
CHAIRMAN PASCALE:
During the
8
preliminary stages of this application, there have
9
been many iterations of this application, a number
10
of them.
Things were shifted around.
11
MR. PASQUALE:
Um-hum.
12
CHAIRMAN PASCALE:
Why one parcel
13
wound up with a buffer and another one, I don't
14
recall.
15
why there's a buffer there and not on your
16
particular parcel.
17
question for you.
I'll ask the applicant when he comes up if
Maybe he can answer that
18
MR. PASQUALE:
Well, I'm not --
19
CHAIRMAN PASCALE:
But this plan
20
has been revised no less than five or six times
21
based on requirements from the Pine Barrens
22
Association --
23
MR. PASQUALE:
24
CHAIRMAN PASCALE:
25
Yes. -- and other
organizations requesting this contiguous parcel of
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80 land.
3
MR. PASQUALE:
Yes, I --
4
CHAIRMAN PASCALE:
Which forced
5
everything to push buffers over.
Now, at the very
6
onset of this hearing there were questions about
7
lots 5, 6 and 7.
8
first I'm hearing about encroachments.
9
something we're going to have to take a look at as
I understand -- and this is the
10
well.
11
even justify those particular buffers.
Because those people encroaching that may be
12 13
So that's
But that's something we'll take a look at.
14
MR. PASQUALE:
15
has said about traffic and is there going to be a
16
no-thru traffic sign on Donald Street and Patterson
17
Avenue?
18 19
Yes.
CHAIRMAN PASCALE:
Everybody
On the street
itself?
20
MR. PASQUALE:
Both ends.
21
CHAIRMAN PASCALE:
Do you want to
22
answer that because we don't have purview over
23
street signage.
24
Highway Traffic Department would set.
25
That would be something that the
MS. PRUSINOWSKI:
That's
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something that Traffic Safety would look at as a
3
function of any traffic that you experience that
4
might be attempting to use your street, sir.
5
they would do a study and make that determination
6
accordingly at the appropriate time.
So
7
MR. PASQUALE:
8
something that we would have to complain about --
9 10
So that would be
MS. PRUSINOWSKI:
Request.
would have to request.
11
MR. PASQUALE:
12
CHAIRMAN PASCALE:
13
MR. PASQUALE:
14
-- they will use that for sure.
15 16
You
-- and then -Right.
Because they will
MS PRUSINOWSKI:
They wouldn't
get very far but they can try.
17
CHAIRMAN PASCALE:
18
MR. PASQUALE:
Okay.
Because there's no
19
-- because there's a light.
20
Triangle Pub there but there's no light at the
21
other end.
22
There's a light by the
CHAIRMAN PASCALE:
Well, that's
23
something that you would have to petition the Town
24
Board.
25
We have no purview over that type of sign. MR. PASQUALE:
The other comment
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that other people made was about the fact that, I
3
believe it's pronounced Alana Road, is dumping onto
4
Old Montauk Highway.
5
my neighbors had a suggestion about making that
6
entrance road coincide with the little short street
7
that goes down onto Montauk Highway.
8 9
Several meetings ago, one of
And it was pointed out that there is an empty home adjacent, I think the empty home
10
is far left bottom, a little bit more to the left.
11
There's an empty house down in there -- more to the
12
left.
13
side of the shaded meeting Old Montauk.
14
right there.
15
quite honestly, I thought, a fantastic solution to
16
this whole traffic thing.
It's -- it's next to the shaded, the left
17
Is that it?
I think
And the suggestion was
But respectfully, and it wasn't
18
the board that did this, but this idea was just
19
blown off, as far as I know.
20
there was a reason maybe --
21
I mean it just --
CHAIRMAN PASCALE:
Okay.
I'm
22
going to ask you to sum it up as soon as you can.
23
MR. PASQUALE:
24 25
I will.
This is
my last point. CHAIRMAN PASCALE:
Okay.
Thank
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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83 you.
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MR. PASQUALE:
And the point is
4
that there's a very old woman and as far as we know
5
she doesn't live in the house anymore because she
6
can't take care of herself.
7
perfectly lined up with this little spur directly
8
onto Montauk Highway, which would eliminate people
9
zipping out of there and zooming down Old Montauk
10
And that is almost
Highway.
11
CHAIRMAN PASCALE: Go ahead.
Okay, sir.
12
I'm sorry.
I missed that question.
13
had something -- a note I had to ask.
14
MR. PASQUALE:
15
CHAIRMAN PASCALE:
16
Okay. Are you
finished?
17
MR. PASQUALE:
I am.
I just think
18
that that should be given considerable --
19
consideration.
20
I
CHAIRMAN PASCALE:
Okay.
Let's
21
see what the applicant has to say when he comes
22
back up to some of these concerns.
23
will be looking at them as well.
And the board Okay?
24
MR. PASQUALE:
Yes.
25
CHAIRMAN PASCALE:
All right.
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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84 Thank you very much.
3
And I think Dr. Forte actually
4
called your name earlier and apparently you didn't
5
hear it or -- but your name was mentioned earlier.
6
Your card was filled out.
Okay?
7
Thank you, Mr. Pasquale.
8
MR. PASQUALE:
9
CHAIRMAN PASCALE:
10
MR. SHEA:
You're welcome. Mr. Shea.
Mr. Pascale and members
11
of the board, what I would be requesting would be
12
that we hold this hearing open so that we can bring
13
our traffic engineer in, who was unable to make it
14
tonight, to address some of the comments that were
15
made by some of the speakers with regard to
16
traffic, and our environmental engineers to come in
17
to speak as to some other issues that were brought
18
up before the board by the speakers here tonight so
19
that we can give them an adequate response.
20
CHAIRMAN PASCALE:
What time do
21
you feel is comfortable to get your engineer and
22
everyone else --
23
MR. SHEA:
24
CHAIRMAN PASCALE:
25
What's the next date? The next
hearing is going to be, I believe 14 -- 28th.
The
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28th of February.
3
wouldn't be a good meeting because I'm not going to
4
be here and Dr. Forte will not be present.
5
we can -- I think we should all be here because of
6
the concerns of this application.
7 8
MR. SHEA:
So if
No, I understand that.
And so that I would take the next available date.
9 10
Do you want to go -- but that
CHAIRMAN PASCALE:
The hearing
after that, Ms. Sillaro?
11
MS SILLARO:
12
CHAIRMAN PASCALE:
March 15th?
13
VICE CHAIR FORTE:
14th.
14
CHAIRMAN PASCALE:
14th.
15
March 15th.
Is that
okay, Mr. Shea?
16
MR. SHEA:
That's fine with me and
17
I think that will give us adequate time to make
18
sure that we have everybody here to testify.
19
all testified at the preliminary hearing, I
20
believe.
21
CHAIRMAN PASCALE:
Right.
They
And I
22
think what might be beneficial, Ms. Sillaro, if you
23
can maybe get some of the minutes from the original
24
preliminary site plans made available to the board
25
for the next work session.
I think that would be
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very helpful because a lot of the concerns that
3
were addressed at this particular hearing, there
4
were reasons why certain buffers were put in place
5
and portions of the property were left contiguous.
6
MR. SHEA:
No, and I understand
7
that this has been a very long process and there
8
has been at least five or six iterations of the
9
plan.
10
CHAIRMAN PASCALE:
Oh, of course.
11
And in fairness to the people who live in that
12
area, I think that it's a good move that we hold
13
this so we can get further testimony and work
14
through it.
Okay?
15 16
MR. SHEA:
I have no problem with
that whatsoever.
17
CHAIRMAN PASCALE:
Okay.
So I'm
18
going to ask for a motion to have this hearing held
19
to an open date, which means --
20
VICE CHAIR FORTE:
A date
22
CHAIRMAN PASCALE:
Excuse me.
23
MR. SHEA:
24
CHAIRMAN PASCALE:
21
25
certain.
A date certain. Oh, no, no, I
meant -- but so what that means is that there's not
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going to be any further advertisement on this
3
particular application by the applicant.
4
who are here and if you want to notify other people
5
as well, it's going to be held to a date certain of
6
March 14th.
7
MR. DITTKO:
So those
Mr. Chairman, can we
8
also mention that the work session for that meeting
9
will be March 9th.
And that's also open to the
10
public.
11
can understand the conversations that are going on
12
by this board.
13
That's in the morning, 9:30.
14
There's no back and forth, but the public
So you're all welcome to come.
CHAIRMAN PASCALE:
Okay. So can I
15
have a motion to hold this hearing to March 14th,
16
2011?
17
MS. KAVANAGH:
18
MR. DITTKO:
19
CHAIRMAN PASCALE:
20
So moved. Second. Motion by Ms.
Kavanagh.
21
Seconded by Mr. Dittko.
22
All in favor?
23
(Chorus of "ayes.")
24
CHAIRMAN PASCALE:
25
(No response.)
Any opposed?
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CHAIRMAN PASCALE: carries, 7-0.
4 5
Motion
And we'll see you at the March 9th work session.
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Pages 89 through 206 pertain to other proceedings and have been removed.
25
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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2
I N D E X
3
INDEX NO.
4
1
Enchanted Forest @ Yaphank ...........4
5
2
Victorian Estates @ Middle Island ....5
6
3
Brittany Court @ Coram ...............6-7
7
4
CPJ Associates @ Port Jefferson
8 9
PAGE
Station ..............................8-12 5
10
Lucas Estates @ Port Jefferson Station ..............................13-14
11
6
Woodland Meadows @ Eastport ..........15-87
12
7
East Manor Estates @ Manorville ......116-129
13
8
Willow Wood @ Coram ..................130-141
14
9
NYS Route 112 @ Coram ................130-141
15
10
55 Clinton Street @ Center Moriches ..142-196
16
11
Shell Service Station @ Port
17
Jefferson ............................197-205
18
12
Mastic Park Sec. 5 Lot #11 @ Mastic ..88-93
19
13
Woodfield Lot #2 @ Centereach ........94-109
20
14
Strathmore Pines Sec. 2 Lot #124
21
@ Coram ..............................110-115
22
15
Sina Mahfar & Danial Mahfar @ Medford.21
23
16
Tommy's Place @ Rocky Point ..........22
24 25
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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208 C E R T I F I C A T I O N :
3 4 5
I, MARC RUSSO, do hereby certify
6
that the within transcript is a true, accurate and
7
complete transcript of the proceedings which took
8
place in the above matter.
9 10 11 12
_____________________ MARC RUSSO
13 14 15 16 17 18 19 20 21 22 23 24 25
ROY ALLEN & ASSOCIATES, INC., 516-542-2020 626 RXR Plaza, West Tower, 6th Floor, Uniondale, New York 11556
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