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"Snow Mountain' Moving Ahead

Snow mountain: We're in!

Decision day comes and developers say they're moving ahead

By Michael White

The developer's drawing of the 90-acre lake and mountain resort proposed for EPCAL.

CALVERTON--Proving critics and doubters wrong, Riverhead Resorts announced Tuesday that it is going full steam ahead with plans to build eight themed hotels and resorts, including an indoor ski mountain, on 750 acres at Calverton Enterprise Park.

The development team, headed by a Scottish home builder, had until Tuesday -- the end of its due diligence period -- to decide whether to drop its proposal or forge ahead with its controversial mega project.

"We are primed and ready," said Mitch Pally, a lawyer representing the developers. "Our due diligence period is finished and we have told the town that we are moving forward."

Whether the group ultimately builds or not, Tuesday's decision has already made Riverhead Town at least $4 million richer, Supervisor Phil Cardinale said.

Riverhead Resorts now has until Dec. 12, 2009, to close on the deal, worth $163 million to the town, or forfeit $6 million, which includes $2 million the group has already paid to Riverhead, Mr. Cardinale explained.

"The town is going to do OK on the Riverhead Resorts deal no matter what happens, but we're hopeful they'll stay in and complete the deal," he said.

The project calls for varying resorts where patrons could either ski or snowboard on a 350-foot indoor mountain, enjoy an indoor water park or a 90-acre man-made lake, ride horses or go white-water rafting.

Tuesday's move is an indication that Riverhead Resorts, whose proposal has come under fire from environmental groups and neighboring communities, believes the project will not only be built, but will turn a profit, despite the sour economic climate and rising fuel prices.

"Fuel prices have two points," Mr. Pally noted. "They make some things more expensive, but they also keep people closer to home. But what's going to happen between now and 2013, when we open, nobody knows.

"But we always look at things two ways," he continued, "and we believe very strongly that this is a great opportunity for Long Island. The economic times now or in the future will help make it successful."

Mr. Pally said the group expects to submit to the town a proposed subdivision map of the land by Aug. 1. "All we gave so far were concept plans," he said. "Now we're putting it in much greater detail."

The submission of a subdivision map will mark the beginning of a process mandated by the State Environmental Quality Review Act (SEQRA) -- an exhaustive 18-month period of public hearings, engineering reports and sewer, traffic, environmental and other studies that will determine how or if the project gets built.

After the subdivision map is filed, other involved government agencies, such as the state Department of Environmental Conservation, have 30 days to decide whether they want to apply for lead-agent status over the review process. If no other agency wants to be lead agent, then Riverhead Town oversees the review process by default.

Environmental leaders, such as Richard Amper of Long Island Pine Barrens Society, have opposed Riverhead's serving as lead agent, calling the potential arrangement a "conflict of interest" because town stands to make millions on the deal.

Mr. Cardinale has argued that no matter who oversees the process, it is up to the involved state, county and town agencies to reach their own conclusions as to potential impacts and decide whether or not to issue the permits required to proceed with construction.

He also pointed out that the land deal closing, unlike with other projects proposed at the Grumman site, is not contingent upon the developers' receiving the necessary government approvals.

Of the "$4 million payday," as Mr. Cardinale called Tuesday's decision by Riverhead Resorts, he said much of the money, including some $200,000 in annual interest, would be used to plug any budget gaps caused by increased fuel prices, falling mortgage tax revenues and the general economic downturn.

"I would hope to use the [money] to stabilize taxes for what will be the years between now and closing," Mr. Cardinale said. "This will allow us to stabilize taxes so that people of this town are not punished due to circumstances beyond our control and their control."

He also pointed out that if Riverhead Resorts does not close on the deal by Dec. 12, 2009, they have the option to extend the deadline by three months, with a maximum of five extensions, at a cost of $2 million each.

The potential $10 million in deadline extension money to be paid to the town is also non-refundable, meaning the town could take away upwards of $16 million, even if nothing gets built at the site.

County Talks Target Bellport Outlets for Casinos?

North Shore Sun Editorial - Communtiy Enhancement Grant Elimination

Community enhancement?

Editorial

Is it just us or did the Brookhaven Town Board's vote to do away with community enhancement (see page page 1) funds seem rushed? Couldn't the board try a little harder to figure out a way to better use these funds instead of just getting rid of them?

We admit, this decision is, on one hand, refreshing because the elimination of these funds will end the practice of elected officials distributing community enhancement grant money to local groups for the purpose of political gain. But it's also disappointing because some of these deserving groups could fall short of funding they depend on each year.

It seems to us it may have been more appropriate for the Town Board to limit and better regulate these funds rather than eliminate them entirely from the budget. Instead of giving each council person $25,000 to spend as they see fit, give them $10,000 and set up specific guidelines as to how they can be spent. Say the money can be used for youth and senior groups, or to contribute to a civic organization for beautification work. When money is spent this way, isn't that a good thing?

Why take that away? To save everyone a dollar on their tax bill?

A simple peek at how these funds have been distributed over the past several years gives you a good idea of how these funds have been misused. And a closer look reveals that Town Board members aren't limiting themselves to the dollar amount allotted in the budget.

For example, when the Brookhaven Town Board approved more than $100,000 worth of budget transfers last year to boost the amount of community enhancement funds available to them, that would seem to be inappropriate and wasteful. Obviously, $25,000 each should be enough.

But saying this money is often misused, so we're going to get rid of it in its entirety seems wrong. And it seems the members of the Town Board, who spend more time at their meetings creating problems than solving them, didn't try hard enough to fix this broken system.

Welcome to ABCO!

Welcome to our web site!

As you can see, we are still filling out some of the many pages available to us, but we are very excited to be able to communicate directly with our ABCO members and all Brookhaven residents in a much faster and more efficient way. Please be sure to check our calendar for important events and notices. As always we look forward to hearing from our communities and using ABCO as a resource tool for those communities. Together we're working to create a strong and consistent voice for all residents and to move in a direction and mold policies that our citizens have indicated they want for Brookhaven. We hope you’ll log on often as we continue to write more updates about several important issues relevant to all who live in Brookhaven Town.

Important Town Code changes, affecting the structure of town governmnet were passed over the objections of many of Brookhaven's Civic groups at the May 20th & 21st Town Board meeting,

Yes, we can fight City Hall! Congratulations to all who labored so hard and so long to defeat the Broadwater LNG Platform in Long Island Sound. Although Broadwater has not thrown in the towel publicly, it sure looks like there is no barge in Wading River's future. FERC has now been formally requested by Suffolk County, Riverhead, Sotuhold and Brookhaven to reconsider it's approvals since Governor Paterson has rejected the proposal as inconsistent with the protection of Long Island Sound and will present serious adverse impacts for our environment. ABCO is a long-standing member of the Anti-Broadwater Coalition opposing a Liquified Natural Gas (LNG) terminal in Long Island Sound. Broadwater may continue to 'blow smoke', but that looks like all it will blow in our Long Island Sound. Broadwater recently received an extension of time to appeal the Governor's and NYS Department of State decision to the Commerce Department.

Additionally, we'll keep you updated on progress of the Coalition for Open Space at EPCAL. Because serious consideration must be given to the impact of such a major and intense project on the Town of Brookhaven, the Town Council unaimously passed a Resolution to formally advise Riverhead Town that Brookhaven Town requests "Interested Agency" status under the State Environmental Quality Review Act. Furthermore, the NYSDEC has at long last asserted some level of jursidiction over the entire 2900 acre site and issued a 'stop work' order untill a full environmental inventory can be completed. Sadly, Riverhead was successful in reversing the 'stop work order. NYSDEC seems the only logical choice for lead agency status, as it appears that Riverhead is fully intent on permitting projects based on the highest bidder criteria, despite the sketchy past track record of the Riverhead Resorts sponsor. Stakeholder status for Brookhaven on a 35 story indoor ski mountain as well as several other proposals now supported by the Riverhead Town Board is an important step forward for our residnets. Riverhead Town's sole control of all environmental, transportation and/or community impact reviews of plans to build a major business conference center and northeast 365/7 regional major recreational theme park at EPCAL may be most unwise.

ABCO has written Govenor Paterson, DEC Commissioner Grannis and members of town Government to endorse designation of DEC as the lead agency for the comprehensive SEQRA review of all actions at EPCAL. EPCAL, located at the former Grumman Calverton facility, is actually only a few hundred yards from the eastern Brookhaven border; surface waters of the Peconic River, and is within the Long Island Pine Barrens containing some of the most pristine grassland habitat areas in all of Long Island and the Northeast. The site includes wonderful native habitat, birds, amphibians and aquatic species. The site is also directly adjacent to the Calverton National Cemetery. unfortunately, without much public scrutiny, DEC recently issued a permit to reopen railraod spurs in the Pine Barrens abandoned for more than 40 years to attain access to EPCAL from the Manorville-Greenport MTA line. Clearly, such access to EPCAL from the west will transect environmentally sensitive areas in Manorville and Brookhaven Town. Railroad routes through the Pine Barrens to accomodate EPCAL development should not have been granted or even considered. Additonally, the developer's representative Mitch Pally, of the Weber Law Groups and the MTA Board, indicated that LIE Exit 68 will be the primary access point to the Riverhead Resorts site from the LIE via Route 25. The developer also indicated that LIE Exit 69 (Wading River Road) would not be used for access...we wonder how they plan to stop anyone from using Wading River Road to get to Wading River and EPCAL. Pure madness. Transit routes or roadways located, running or constructed through Brookhaven Town and in environmentally sensitive locations should be the subject of public hearing and inquiry in Brookhaven Town. ABCO will continue to advocate for the reasonable and common sense development at EPCAL that will not adversely impact our environment or Brookhaven residents' present high quality of life.

Last month's hostile reception for Chief Deputy County Executive, Jim Morgo at a Longwood High School Board of Education meeting has caused quite a stir. On the agenda was resident opposition to County Executive Levy's plan to construct more than 1000 housing units within the Longwood School District on land presently owned by the County. The County annouced that it will delay by more than a month any decision on the 'choice' of a developer for the controversial project. ABCO continues to be concerned not only for the scope and location of the project in the Carmen's River watershed; but also that continuing the present process by the County Executive will further erode Brookhaven's own planning authfority and set precedent for the County to impose its own authority regarding local zoning and planning decisions. This is a project of regional significance, but the county has not included the Town Board to excercise its own authority to permit or limit high density developments that unduly impact school districts, traffic, precious natural resources or major historic areas in the town. Construction as proposed by Steve Levy will unnecessarily burden the Longwood School District and will certainly raise school taxes for property owners. In early March, the County Executive and Mr. Morgo had announced that the project would be LIMITED to only 1000 units. That is 300 more units than the 700 maximum proposed to ABCO more than a year ago by Tom Isles and Jim Morgo. The County is now expected to issue its decision in early June as to which of the two competitors it will permit to go forward. Suffolk County seems intent on continuing to usurp control of development from local Brookhaven Town authority and to avoid the SEQRA process for as long as is possible. No SEQRA review has begun thus far. We will continue to provide important information on the Suffolk County project proposed for Yapank. Both proposals originally submitted included plans for more than 2000 housing units, sports arenas, sewage treatment and new retail etc. The County's planned 'destination hub' is centered on land originally acquired through its' powers of eminent domain, and the public seizure of the Glover family farm. The project is also located in central Brookhaven and will bring high density housing to the nearby historic Yaphank hamlet. The site is also very near our Pine Barrens and the Wild and Scenic Carmens River Recreation Corridor, and Suffolk's jewel; Southaven Park. No present infrastructure, transportation, shopping or other elements associated with 'smart growth' are now present and the project is expected to bring hundreds of additional children to the Longwood School District. ABCO believes it wise to allow Brookhaven to decide its future and agrees that we must take whatever steps necessary to ensure our ability to do so.

ABCO is also closely monitoring the outcome of the Suffolk County Trap and Skeet Range litigation as well as any plans that may adversely impact the Pine Barrens and communities within Brookhaven. Supervisor Foley presented a motion to the Central Pine Barrens Commission on May 21st requesting they assert jurisdiction over the site. The redevelopment of the site after a 5 year abandonment constitutes redevelopment in the Core of the Pine Barrens and is prohibited by the Pine Barrens Act. However, DEC recently issued permits for the redevelopment in the Pine Barrens Core for MTA railway spurs through Manorville; so much may rest on wheater or not this section of the Law means anything at all. The future protection of the Pine Barrens may well be at risk due to the intense pressure to redevelop lands within the Core for major rail transit and freight routes.

The Tallgrass PDD project proposal was denfied a hardhip waiver by the Long Island Pine Barrens Commission. The 'drop dead' final decision was made by a vote of 4-1 at the May 21st meeting. the lone vote to grant the hardship was cast by Sfupervisor fBrian X. Foley. Kevin Ward, President of the Shoreham Civic Association, has argued passionately for finality on this matter so that the community, terribly divided over the project, can begin to move forward. We hope that at long last a project that can be supported by the whole community will now be under consideration. No indication on wheather the developer will appeal the decision has been announced. In light of the pending Article 78 litigation on the matter, it is hoped that the developer will reconsider the plan. Stay tuned.

ABCO also supports the on-going development of a Brookhaven 2030 Comprehensive Plan, so continue to look for important announcements and information dates both on our website and also at www.Brookhaven2030.org

The Brookhaven Town Blue Ribbon Open Space Panel has completed its' work and the panel's recommnedations will be presneted at the May 29th Town Board Work session. ABCO is committed to finding new ways to fund Open Space Preservation.

ABCO will keep members appraised on the Forge River Moratorium, as it is expected to be reintroduced shortly by Sixth Councilman Keith Romaine. Romaine ran in support of the Mporatoriumn and efforts tof restore the Forge River. We are also monitoring the work of the Carmans River Invasive Species Removal Task Force, to ensure the restoration and health of the Carmens River and upper and lower Yaphank Lakes.

Clearly, all these projects bear close watching, listening and particpation as all have the potential to change the very heart, character and nature of Brookhaven forever. As in the past, ABCO will continue to do its' very best to keep you informed and to support or oppose projects or plans that affect our town, our environment, our residents, and our communities. We need your help and as always appreciate your continued support.

Sincerely,

ABCO President -- MaryAnn Johnston, President Manor Park Civic Assn.

ABCO 1st Vice President -- Debbie Felber, President Selden Civic Assn.

ABCO 2nd Vice President -- John Sicignano, President Mastic Park Civic Assn.

ABCO Treasurer -- Tom Talbot, President, Middle Island Civic Assn.

Corresponding Secretary - Tom Stock, Board Member Manorville East Moriches Civic Association

Recording Secretary -Don Seubert, Vice President Medford Civic Assn.

Sgt. @ Arms - Johann McConnell, President South Yaphank Civic Association

Director- Thalia Bouklas, Lake Ronkonkoma Civic Assn.

Director -- Ron DiBiase, Board Member, Civic Organizations of the Setaukets

Director -- Erma Gluck, President Coram Civic Association

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