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Middle Country Land Use Plan Zone Changes

Supervisor Lesko, Councilwoman Kepert and the Town Board have set a Change of Zone Public Hearing for proposed zone changes and special use permits for the major redesign, use and development of the former K-MART property in Middle Island....The Middle Country Road Land Use Plan requires the parcel to be developed and zoned for related recreational uses.  However, the town will now consider zone changes to permit 2 Big Box stores, 2/200 seat restuarants, additional smaller retail outlets and 2 ballfields and 1 soccer field. 

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Artist Lake Opposite the K-Mart Breslin site Middle Island

At the last Middle Island Civic Association meeting held on July 15th, residents identified as  members of  the  Longwood Youth Sports Association stated they considered the fields to be too small to be actually useful. It is not known at this time if  these residents spoke offiically for LYSA; nonetheless all speakers wore LYSA shirts and at the time no other residents or members of MICA's Board made any objection or correction to their comments. The developer's attorney, former town Supervisor John LaMura, noted the fields conformed to regulation size, but acknowledged there was little room for spectators in the field portion of the plan.

The new proposal  also calls for development along the south side of Middle Country Road at the shoreline of Artist Lake; a parcel not owned by Breslin; as well as a donation of  land along the northern and eastern border of the parcel adjacent to lands already preserved near the site as Open Space.  The site lies within the Compatible Growth Area of the Long Island Pine Barrens and the original footprint of the K-Mart store may be grandfathered as that project predates the Pine Barrens Act, however a review of the site plan seems to indicate that the existing store will be demolished, and two "Big Box" stores will be constructed midway in the parcel each facing a center walkway or promenade.

At the Town Board on July 20, 2010, Supervisor Mark Lesko, Councilwoman Connie Kepert, and a majority of the Town Board set an August 17th date for a public hearing on the requested zone and special use changes at the former K-Mart property in Middle Island. The applicant and the council will consider a proposal to change the zone from A residence 1 to J business 2 to allow for a greater range of uses at the site.  Many residents believe the range of uses were not originally envisioned by the community as adopted in the Middle Country Road Land Use Plan. The planned re-development, officially known as “Artist’s Lake Plaza,” will convert the vacant K-Mart parcel into "Big Box" stores, restaurants, other shopping, and some recreational amenities.

In announcing the apparent deviation from the adopted Middle Country Road Land Use Plan for this site the Town Supervisor stated, “This is a very positive step for this blighted property in Middle Island. Suburban blight has reached epidemic proportions on Long Island, but the irony is these blighted properties provide the best opportunity for redevelopment.”  Many residents of Middle Island do not believe that the K-Mart site constitutes true blight in so much as it is a vacant store presently without a tenant. ABCO understands that both the owner, Breslin, and the town have refused to consider other alternative use proposals that would have brought tenants into the vacant K-Mart site many months ago.

After months of inquiry and little real information regarding the actual content of the final plan for the site, the Supervisor stated in a recent Press release, “we have worked hand in hand with the developer from the very beginning to ensure this site is redeveloped in a way that makes sense for the community. This is the type of partnership that is needed to turn blight into light. I look forward to the developers’ presentation on August 17.”

It would appear that the Supervisor is well acquainted with the plans and assisted significantly in designing the plan with the developer.  Therefore perhaps he should consider abstaining from any vote on the zone changes this applicant has requested which would maximze development at the site. Apparently and unfortunately,  the "hand and hand" cooperation appears not to have included all residents, most area civic organizations or the many other interested communities that worked so hard to develop the Middle Country Road Land Use Plan as finally adopted in 2006. 

The Breslin K-Mart "Big Box" plan also seems contrary to the long stated position of Councilwoman Kepert which opposed the creation of additional "Big Box" stores along the Middle Country Road Corridor of her district.  Although this latest request for a change of zone is the 3rd zone change proposed along the 1.5 mile corridor of Middle Country Road.  The K-Mart site is believed to also lie fully within the Carmans River Watershed; and appears to singificantly deviate from the MCRLUP. 

Two other projects, the high density multi-family Sandy Hills Condominums and the Competiton Toyota applications were also COZ application requests that Suffolk County and many residents considered to be inconsistent with the adopted plan.  Some representatives believe adopted plans are mere guidelines, not requiring adherence; that is not the position of the Suffolk County Planning Commission in evaluating applications for change of zone within the boundaries delinated by the MCRLUP.  These requests if approved will require a super-majority vote by the Town Board.  The additional zone changes are supported by Councilwoman Kepert.

Councilwoman Connie Kepert stated, "This is an exciting time for the people who live along the Route 25 corridor, a corridor which was once forgotten by the town.”; “Supervisor Lesko and I are committed to transforming an entire corridor, from one characterized by haphazard strip development to one characterized by vibrant mixed use pedestrian oriented development. The Breslin application located on the old K-Mart site is an important step in this process, and includes shopping, restaurants, ballfields, and pedestrian promenades. This application will be built with the environment in mind using energy efficient designs and porous landscaped parking areas," continued Kepert.

After the public hearing, the Town Board must vote on whether to allow the change of zone. Following the vote, the applicant submits a site plan to the Planning Board for their review. Building permits are issued upon approval of the site plan. The owners of property are Breslin Realty Associates LLC, Colin Realty Co., LLC, and Poly Jaz Realty LLC.

Also scheduled for the August 17th Town Board meeting are the controversial Sandy Hills Project and the AVRII high density mixed use PDD project known as The Meadows proposed for the former Brookhaven Walk Regional Shopping Center site and adjacent land now zoned L-1 situated at  the north west corner of William Floyd Parkway and the LIE @ Exit 68.   All the above projects are within the Groundwater Contribution Zone boundaries of the Watershed of the Carmans River. 

Finally, despite months of delay and many statements by our elected council representatives regardng a pending application for a new "Big Box" at Hospital Road along Sunrise Highway East of Route 112, ABCO has learned that there will be still another "Big Box" proposal for a BJ's proposed for a location of the north side of RT 27 @ Exit 56 & Station Road.  This latest proposal is inopposite to much stated community opposition to a proposed Wal-Mart at the Hospital Road Exit 54 of RT 27.  ABCO continues to urge the Town Council to formally consider adoption of the Sunrise Highway Corridor Study, in which Suffolk County made  recommendations that no new retail be constructed along the Highway east of Route 112 and Wading River Road.  Adoption of the county's plan can be done without the County and would preclude development of retail at both presently wooded sites now proposed for a Wal-Mart and BJ's, ignoring entirely the empty site of the abandoned South Bellport Outlet Center ..


  For additifonal information of these proposals contact the Division of Public Information, Councilwoman Kepert or the Office of the Supervisor
One Independence Hill • Farmingville • NY 11738 • Phone (631) 451-6595

• Fax (631) 451-6258
 

 
Press Manorville & Moriches Editorial
Publication:Press of Manorville; Date:Jul 23, 2010; Section:Opinion; Page Number:12  


Shine A Light

 


The leaders of the town’s numerous civic and activist groups received an exceptionally useful tool on Monday, courtesy of a guest speaker from Albany who addressed the Affiliated Brookhaven Civic Organization.

The executive director of the New York State Committee on Open Government, Robert J. Freeman, urged about two dozen civic leaders at an ABCO forum in Coram to study and learn about the state’s Open Meetings and Freedom of Information laws.

The Open Meetings Law sets the rules for municipal panels, such as town boards and school boards, ensuring that the boards meet openly in public and never conduct business in secret, or behind closed doors. As Mr. Freeman quipped at Monday’s meeting: “If you tell the world what’s going on, good things begin to happen and bad things stop happening.”

In a town with the kind of checkered past that has tagged Brookhaven with an assortment of unsavory nicknames, including “Crookhaven,” that’s an important sentiment.

The Freedom of Information Law stipulates that most documents produced by municipalities and school boards must be made available for public review by interested citizens, and sets the rules for how those municipalities must distribute the documents when they are requested by the public. In tandem with the Open Meetings Law, this is another very effective tool available to all those who want to shine a light on government.

When our elected officials, from school board members to federal lawmakers, know that an interested public, including the news media, is keeping an eye on them, corruption and coverups have little or no place to take root, and government will become much more responsive to the will of the people.

At Monday’s meeting, Mr. Freeman held up a copy of a brochure titled “Your Right To Know—New York State Open Government Laws,” which is produced by his office and available for download from his agency’s website at dos.state.ny.us/coog. He said that everyone who plans to attend a government or school board meeting should arm themselves with the brochure.

And it’s not just civic leaders and the media who need to arm themselves with the state’s sunshine laws, which have been around since the 1970s. Members of the community at large need to step up to the plate and let our officials know they are watching, too.

“Our vehicle, for better or for worse, may be civic associations. It may be the news media. There are lots of possibilities,” he said. “But shedding light on whatever it might be tends to be the best cure.”
 
More UNWELCOME Big Box Plans
Target plans can move forward during appeal

Zoning dispute stuck in court system

BY JENNIFER GUSTAVSON | STAFF WRITER
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A court rejected Brookhaven Town's request Monday to delay the planning process for a proposed Target department store in Rocky Point while a ruling over the current zoning is appealed.

The ruling found that even though the town is appealing a court decision permitting a 167,000-square-foot store to be built at the former driving range on Route 25A, the town's Planning Board doesn't have the right to reject a hearing to review the site plan while its appeal is being made.

"We have sent two letters to the Planning Board to give us the appropriate hearing to review the site," said Mitch Pally, real estate attorney for property owner Lerner-Heidenberg. "If they don't adhere to the judgment, Lerner-Heidenberg could go back to court for an order to require them to do it."

I'm not giving up this site.'

Councilwoman Jane Bonner

Lerner-Heidenberg has been locked in litigation with the town since 2000 over zoning of the 17.5-acre parcel that was once a drive-in theater.

The town is currently appealing a 2009 court ruling that reinstated regular business zoning at the contested site.

"Until the town has exhausted every avenue of resource, I'm not giving up this site," said Councilwoman Jane Bonner. "I firmly believe a big box store, like a Target, will be very harmful to the whole corridor."

The next court date is scheduled for July 29.

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Gaming Task Force: Palley Pitches Riverhead Resorts

Suffolk Gaming Task Force hears STILL MORE casino site proposals

The Suffolk County Gaming Task Force met on Thursday, July 22nd to hear two more casino proposals for a Suffolk County site.  The task force heard two NEW proposals for still more locations for off-reservation gambling.  Joe Nehmad, a representative of Fillmore Real Estate, presented a proposal to develop a sod farm located at 3511 Middle Country Road in Calverton. The farm site is 130 acres of land on Route 25 about 10 miles north of  the Long Island Expressway. the site would be removed from the tax rolls of Riverhead Town if placed into Reservation Trust status.  ABCO is researching and will report back on the amount of lost tax revenue for Riverhead Town and Schools should this site be approved by the Department of  Interior.

Nothing new here, many have long expressed a belief that Riverhead Resorts would ultimately propose a CASINO for the EPCAL property; an assertion that Mr. Palley repeatedly denied until last Thursday.  Resorts now proposes to include an Indian Gaming casino as part of the resort complex. Palley ignored and minimized that placing any gaming casino at the former site transferred to Riverhead by the Navy would require the Shinnecocks to acquire a land-in-trust agreement from the federal government.  The feds previously transferred the site in 1994 to the town for economic development to replace the loss of Grumman. Riverhead Resorts is not permitted to build casinos on any portion of the complex’s property.   A specific stipulation prohibits the use of the site for any gambling.  It is unlikely that even under the present economic conditions any community support could be mustered for allowing Riverhead Resorts to void that portion of the contract with the town.  Further the plan for the site precludes gambling as a type of recreation permitted under the existing zoning.  Palley, ever the optimist,  stated that he believes this to be negotiable. We'll be sure to ask Supervisor Sean Walter ourselves.  Lance Gumbs, Tribe Trustee, asked whether such an arrangement would limit the Shinnecock’s desire to also to build a resort along with the casino.

During the public comments section, once again ABCO members and the Manor Park Civic Association discussed local civic association opposition to any plan to locate a casino in Brookhaven Town and especially at Calabro Airport.  In a late breaking development Friday, July 23rd,  Suffolk County Executive Levy proposed a new site for a casino in Yaphank on additional county owned land adjacent to the stalled Legacy Village project, now undergoing a taxpayer funded environmental review that does not include casino gambling.

 
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