HomeMy WebLinkAboutAppendix B1 – Public Hearing Transcript 1/11/2016 Appendix B-1
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TOWN OF SOUTHOLD PLANNING BOARD
PUBLIC HEARING
RE : THE HERITAGE AT CUTCHOGUE
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January 11, 2016
4 : 44 p .m.
53095 Main Road
Southold, New York
MINUTES OF PROCEEDINGS
BEFORE :
DONALD WILCENSKI, Chairman of Board
PIERCE RAFFERTY, Member of Board
WILLIAM CREMERS, Member of Board
JAMES RICH, Member of Board
MARTIN SIDOR, Member of Board
Lori Anne Curtis
Court Reporter
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2 A P P E A R A N C E S :
3
CERTILMAN, BALIN, ADLER & HYMAN, LLP
4 Attorneys for Applicant
100 Motor Parkway
5 Suite 156
Hauppauge, New York 11788
6
BY: JOHN WAGNER, ESQ.
7
8
ALSO PRESENT :
9
HEATHER LANZA, Planning Director, Southold Town
10 MARK TERRY, Principal Planner, Southold Town
BRIAN CUMMINGS, Planner, Southold Town
11 JESSICA MICHAELIS, Clerk Typist, Southold Town
12 GINNY WATRAL, Senior Technical Advisor, VHB
ANGELO LAINO, Engineer, VHB
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14
15
16
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20
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24
25
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2 MR. WILCENSKI : The third
3 public hearing we have is for the
4 heritage at Cutchogue . This
5 proposed residential site plan is
6 for the development of 124
7 detached and attached dwellings
8 classified in three types : 48
9 "Type A" units, which are 1, 999
10 plus or minus square feet of
11 livable area; 72 "Type B" units,
12 which would be 1, 599 square feet
13 of liveable area; and 4 "Type C"
14 units, which would be 1, 999 plus
15 or minus square feet of livable
16 area .
17 In addition, there are
18 proposed the following: A
19 6, 188-square-foot community center
20 with a plus or minus
21 1, 125-square-foot outdoor swimming
22 pool, one tennis court, 284
23 parking spaces of which 256 are
24 associated with the individual
25 dwelling units and 28 are
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2 associated with the community
3 center, and various other
4 associated site improvements, on a
5 vacant 46 . 17-acre parcel in the
6 Hamlet Density Zoning District
7 located at 75 Schoolhouse Road, on
8 the corner -- on the northwest
9 corner of Griffing Street and
10 Schoolhouse Road approximately
11 1, 079 feet north of Main Road in
12 Cutchogue, Suffolk County Tax Map
13 Number 1000-102-1-33 . 3 .
14 At this time I would just
15 make a few comments . I ' d like to
16 please ask everyone, because I 'm
17 sure that there ' s plenty of people
18 who want to speak, and everybody
19 will have the chance to speak, but
20 please, when you step to the
21 podium, speak and talk -- direct
22 your comments to the Planning
23 Board, and then write your name
24 after you finish speaking so we
25 can keep this moving. And there
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2 are two podiums and two sign-in
3 sheets on each podium.
4 At this point, the floor is
5 open to any comments -- excuse me,
6 at this time I ' d like to ask John
7 Wagner, the applicant -- the
8 representative for the applicant,
9 to address the Board. Sorry.
10 MR. WAGNER: Good
11 afternoon, members of the Board.
12 My name is John Wagner . I 'm an
13 attorney with Certilman, Balin,
14 Adler & Hyman, offices in
15 Hauppauge, New York . Rich and I
16 are representing the applicant .
17 AUDIENCE MEMBER: Speak
18 into the mike, please, we can ' t
19 hear you .
20 MR. WAGNER: Can you hear
21 me now?
22 AUDIENCE MEMBERS : Yes .
23 MR. WAGNER: Good. I ' d
24 like to make just a brief
25 introduction to the project for
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2 everybody who is here .
3 Do you have the slide?
4 MR. CUMMINGS : Tell me
5 which one .
6 MR. WAGNER: Bring up the
7 first one .
8 (Mr . Cummings complies . )
9 MR. WAGNER: I brought a
10 few representative slides for you,
11 just to give some background on
12 this application . What you see
13 there is the overall site plan
14 that is presently before the Town
15 and is the subject of the Draft
16 Environmental Impact Statement
17 that ' s also up for hearing
18 tonight .
19 The area of this property
20 is 45 . 99 acres . The property has
21 been zoned Hamlet Density
22 Residential since 1989 . There
23 have also been a number of Hamlet
24 studies that have been prepared
25 for Cutchogue, which are available
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2 on the Town ' s website and make
3 certain specific recommendations
4 for the Cutchogue Hamlet, and we
5 believe this project is consistent
6 with those recommendations .
7 This particular application
8 that is before you tonight
9 actually dates back to June of
10 2002, when it was first filed. It
11 was re-filed in June of 2005 after
12 some moratoria were put in place .
13 It eventually expired. This
14 application has been the subject
15 of a full Environmental Impact
16 Statement process throughout its
17 history. The last EIS process was
18 back in the 2008 time frame, and I
19 will note that in 2009 certain
20 code changes were made to the
21 Southold code when, at the time,
22 the applicant was proposing 139
23 units on the site .
24 Parenthetically, the zoning on the
25 site would allow up to 200 units
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2 on the site, so 139, even as
3 proposed in 2009, was a
4 reduced-density project .
5 Since the code changes in
6 2009, there was obviously
7 litigation, which I believe the
8 Board is aware of . That
9 litigation concluded in a
10 Stipulation of Settlement that was
11 so ordered by the Supreme Court in
12 September of 2014 . Significantly,
13 the Stipulation of Settlement
14 imposes parameters -- upward
15 parameters, if you will, on the
16 development of this site which are
17 the ceilings that we have been
18 working under with a proposed
19 redevelopment of the site in
20 accordance with that stipulation .
21 So, just to give you what
22 some of those are, the stipulation
23 allows no more than 130 units on
24 the site after completion of all
25 development phases, and provides
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2 those must be condominium units,
3 which actually is consistent with
4 the recommendations of the Hamlet
5 studies prepared. The stipulation
6 further provides that we are to
7 have no more than 245, 000 square
8 feet of livable floor area as
9 defined in the code, and we are
10 also to set aside at least
11 50 percent of the property for
12 open space . It also provides that
13 we are to give a covenant and
14 restriction limiting occupancy of
15 the units based upon certain age
16 restrictions that are set forth
17 specifically.
18 The amended site plan
19 application that is the subject of
20 this hearing tonight was actually
21 submitted in January of last year,
22 January 2nd, and was revised and
23 resubmitted in July of last year
24 after receiving comments from the
25 Planning staff and the Planning
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2 Board. We made a number of
3 modifications to our proposal from
4 January, and what you see there is
5 the product of these modifications
6 and the comments that we have
7 received, and that plan also was
8 the subject of the DEIS, as I
9 mentioned earlier .
10 Essentially, this proposal
11 that you have up there right now
12 is now proposing 130 units, which
13 is down from the 139 we were
14 proposing a few years ago . They
15 are also condo units; again,
16 consistent with stipulation .
17 As noted by the chairman,
18 in addition to the residential
19 units that are being proposed, we
20 are also proposing a clubhouse, a
21 pool and tennis court as amenities
22 for the units . We ' re required to
23 provide 50 percent minimum open
24 space, and, in fact, we are
25 providing that on this particular
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2 plan .
3 I wanted to give you an
4 idea of some of the dimensions
5 that we have incorporated into our
6 plan, because I think they are
7 important in terms of how
8 sensitive we ' re being to the
9 surrounding neighborhood.
10 We are allowed up to
11 two-and-a-half stories in height
12 under zoning, and we are proposing
13 two stories in height on these
14 units --
15 Can you just move ahead and
16 let us see some of the units?
17 MR. CUMMINGS : The other
18 slides?
19 MR. WAGNER: Yes .
20 MR. WILCENSKI : Excuse me,
21 Mr . Wagner, I wanted to clarify
22 one thing. You had just said in
23 your previous statement "130
24 units, " and I believe it ' s 124
25 units .
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2 MR. WAGNER: Yes, I 'm
3 sorry, I should clarify that .
4 Yeah, we ' re allowed 130 units
5 under the stipulation; we ' re
6 actually proposing 124 as part of
7 this . Thank you for that
8 clarification . And the reason is
9 we are adhering to the 50 percent
10 open space requirement, so it
11 actually reduces our unit count
12 somewhat .
13 So, you see that color
14 photo there, this is a
15 representation of the types of
16 units we ' re looking to provide on
17 the site . As indicated earlier,
18 we ' re looking at detached and
19 attached units .
20 Significance -- one of the
21 other things in the stipulation
22 that I didn ' t mention yet is we ' re
23 also required to provide sanitary
24 disposal for the units in a
25 clustered-type arrangement .
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2 Although our project is fully
3 compliant with Suffolk County
4 Department of Health standards, we
5 have also indicated that we would
6 provide a clustered arrangement,
7 so anywhere of two to four of the
8 units will be sharing the same
9 septic system, which is allowable
10 by the Suffolk County standards .
11 I should also note that as we
12 indicated in our DEIS, we ' re in
13 constant dialogue with the
14 Department of Health with regard
15 to possible alternative
16 technologies that may come online
17 at the Health Department in the
18 foreseeable future .
19 We know, for example, that
20 they are in the process right now
21 of pilot testing a number of
22 alternative technology systems .
23 Those systems are not yet
24 approvable by Suffolk County; the
25 idea is that Suffolk County will
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2 be gathering data from the pilot
3 studies and they eventually add to
4 their list of approval systems,
5 and we have consistently indicated
6 our willingness, as the applicant,
7 to consider these systems as they
8 come online and to the extent that
9 we can employ technologies that
10 reduce the ordinary nitrogen
11 loading from single septic
12 systems, we will employ those
13 technologies as feasible .
14 We do not require a sewage
15 treatment plan under the County
16 health standards . There was an
17 SDP that was provided in a
18 previous iteration of the project
19 on the site, but with the reduced
20 unit count and the technologies
21 and clustered systems that we are
22 using, we do not require the SDP
23 and it would not be feasible on
24 this site .
25 Going back to some of the
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2 dimensional requirements, I just
3 want to point out that although
4 we ' re allowed 25 percent lot
5 coverage on the site, we ' re
6 actually proposing 16 . 92 percent,
7 almost 10 percent less . Buffers
8 and setbacks, we ' re fully
9 compliant with what ' s required in
10 the Hamlet Density zone .
11 As far as yards -- and this
12 is significant -- the front yard
13 is required to be a minimum of
14 35 feet; we ' re actually providing
15 almost ten times that amount,
16 305 . 7 feet is on our plan . The
17 rear yard, likewise, is supposed
18 to be a minimum of 35 feet, and
19 we ' re providing a minimum of
20 75 feet . The side yards -- and
21 this is also very important -- the
22 side yard provides for -- in the
23 code there ' s a minimum of 15 feet,
24 or 30 feet total side yards . We
25 are actually providing a minimum
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2 of 79 . 4 feet, and a total side
3 yards -- a minimum total side
4 yards of 180 . 9 feet . Now,
5 included in those numbers we ' re
6 providing 101 . 5 feet building
7 setback from the west property
8 line . That ' s significant because
9 that is the Highland Road
10 neighborhood to our west, and so
11 we ' re providing the maximum
12 setback on the site from that
13 existing residential community to
14 give those people as much privacy
15 as we can .
16 We ' re also providing a
17 79 . 4-foot setback from the east
18 property line, which is currently
19 undeveloped. It ' s an agricultural
20 use I believe, but it may be
21 developed in the future, and
22 again, we ' re far exceeding the
23 setback on that side .
24 That ' s really all I have to
25 say right now. If there are any
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2 questions that the Board has, I 'm
3 available . The applicant ' s team
4 is here as well, several
5 significant members that prepared
6 the DEIS materials, so if anything
7 comes up in the course of
8 tonight ' s comments that you would
9 like answers to, please feel free
10 to call upon us .
11 MR. WILCENSKI : Okay, thank
12 you .
13 At this time, again, I
14 would like to open the floor up,
15 but I have a couple of comments .
16 I would like everyone, obviously,
17 here to have the chance to speak,
18 so when you speak, please address
19 the Board -- don ' t address the
20 audience, address the Board -- and
21 when you get to the podium, please
22 start speaking and then write your
23 name when you are finished, and
24 there are two podiums that we
25 could use .
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2 And the last thing I would
3 like to say is that if you have
4 spoken, please give everyone else
5 a chance in the room to speak
6 before you decide to get up a
7 second time .
8 Okay, so at this point I
9 would like -- I ' ll start on this
10 (indicating) side of the room.
11 MR. SCHWARTZ : Good
12 evening --
13 MR. WILCENSKI : And,
14 everyone, please speak into the
15 microphone so we could all hear .
16 Thank you .
17 MR. SCHWARTZ : Benji H1
18 Schwartz, and I 'm also -- I have a
19 letter from Nancy Sawastynowicz .
20 Actually, we combined our letters
21 into one, and then I cut it in
22 half . So, eventually I ' ll give
23 you a copy of the complete letter,
24 but I ' d just like to touch on some
25 highlights .
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2 This public hearing today,
3 right now, is pursuant to the New
4 York State Environmental Quality
5 Review Act and is the first time
6 the public has been permitted to
7 speak on this stage of this
8 application . But it ' s a
9 continuation of the State
10 Environmental Quality (SEQRA)
11 process which began over 32 years
12 ago in 1983 .
13 In the beginning it was
14 clearly based on false answers to
15 a short Environmental Assessment
16 Form. In 1980s, Southold Planning
17 Board objected to the corrupt
18 actions of the Town Board. I
19 don ' t know if they called them
20 "corrupt, " but for the Town Board
21 to say that this project would
22 affect less than 10 acres of land
23 when it ' s almost a 50-acre parcel
24 that will be developed. . .
25 And every single of the 15
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2 questions in that Environmental
3 Assessment Form was answered "No, "
4 and at least ten of them should
5 have been "Yes . "
6 (Time noted: 5 : 00 p .m. )
7 MR. SCHWARTZ : Anyway, in
8 the ' 80s, the Southold Planning
9 Board required an Environmental
10 Impact Statement . I 'm not going
11 to get into all the details .
12 There was a lawsuit . The Town
13 won . Anyway, tonight the Planning
14 Board is leading the way again,
15 except at this time the appearance
16 is that the Town Board -- the
17 Planning Board is conspiring with
18 the Town Board now to ram through
19 this site plan approval .
20 I appreciate all the work
21 that ' s been done on this plan, but
22 I don ' t appreciate seeing how the
23 previous site plan application was
24 denied, the -- none of the parties
25 to that so-called Stipulation of H1-1
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2 Settlement (SOS) , the Town
3 Board -- not the Town Board, not
4 the Planning Board, not the
5 developer, not the property owner
6 nor a court has any authority to
7 resume the SEQRA process by
8 accepting a revised DEIS based on
9 a prior scope developed over five
10 years ago by a Planning Board
11 under different chairman with H1-1
Cont'd.
12 different members . So with all
13 due respect, I object to
14 proceeding without including
15 whatever the public want to bring
16 up, but the scope has been reduced
17 pursuant to that Stipulation of
18 Settlement and pursuant to the
19 scheduling of this application by
20 the Planning Board.
21 This proposal made no sense
22 30 years ago; it makes less sense
23 now. If approved, the local and
24 regional impact to the proposed
25 development will change everything
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2 we love about the North Fork.
3 Sewage today is much worse than it
4 was 30 years ago . Proposed
5 addition of 37 cesspools, one
6 serving a clubhouse, the others
7 serving between two and four
8 units, each cesspool, it ' s not H1-2
9 going to help . The sewage issue
10 is very closely related to the
11 issue of fresh water supply. I
12 think these issues should be
13 combined and considered as water
14 supply and return . Despite having
15 spent quite a while reviewing
16 dozens of studies going back over
17 40 years, I was unable to find a
18 single study that considered the
19 impacts of importing water on
20 increasing the amount of sewage
21 produced on the North Fork in the
22 Town of Southold. And considering
23 that Suffolk County Water
24 Authority has done some
25 calculations, and using local
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2 water from local wells here, they
3 estimate the cost over six times
4 the amount of water that they can
5 take from wells in Western
6 Suffolk. They seem to think they
H1-2
7 have an unlimited supply of clean Cont'd.
8 water there . I don ' t agree .
9 Traffic in Cutchogue is
10 much worse today than 30 years
11 ago . The developer ' s repeated
12 assertions that the proposed
13 development is not going to cause
14 any significant adverse traffic
15 impacts is nonsense . Even the
16 developer admits there may be
H1-3
17 reduction in service and proposes
18 a possible addition of a
19 stoplight . Well, addition of a
20 stoplight is a significant traffic
21 impact if you live in Cutchogue .
22 Although in the DEIS the —
23 developer admits the proposed H1-4
24 development includes greater
25 density than any of the densities
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2 existing already in the immediate
3 vicinity, somehow the DEIS comes
4 up with the conclusion that the
5 proposed development will blend in
H1-4
6 seamlessly. If this site plan is Cont'd.
7 approved, the current mix of rural
8 and suburban will be tipped by the
9 addition of a new high-density,
10 urbanized area . It will change
11 the character of Cutchogue Hamlet, H1-5
12 Southold Town and the North Fork.
13 Rather than expanding the
14 community, these plans call for
15 creating a separate community.
16 People who say they want to live
17 in the proposed development
18 because they love this place don ' t
19 make sense . Developing a massive H1-5
20 group of luxury condominiums will Cont'd.
21 change this place .
22 Sadly, the affordable
23 residential areas on Schoolhouse
H1-6
24 Road will be degraded. These
25 plans -- in these plans the
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2 developer has chosen to pay money
3 instead of including affordable H1-6
Cont'd.
4 housing units in the proposed
5 development . This choice reveals
6 the true character of these people
7 who call the Heritage of Cutchogue
8 the "Heritage at Cutchogue, " and
9 they want to sell and buy it .
10 The master plan of Southold
11 Town is not much better than it
12 was 30 years ago . Contrary to
13 claims of the property owner,
14 developer and supporters of the
15 proposal, there is no vested right
16 to develop high-density H14
Cont'd.
17 residential use on the subject
18 property. To say that the zoning
19 allows 200 units would be funny if
20 this was not serious .
21 Unlike an application for a
22 building permit, which requires no
23 variance, approving a site plan is
24 not a ministerial act . As
25 government officials, you, the
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2 members of the Planning Board, as
3 a group are charged with
4 exercising discretion to review
5 this site plan and determine
6 whether to approve or deny this
7 application . Nothing is settled
8 yet .
9 Under our American
10 Constitution, legal authority for
11 government to act to protect the
12 public safety, health and welfare
13 has its roots in two common law
14 principles; use that which is
15 yours so as not to injury others,
16 and the health of the people shall
17 be the supreme law. As the lead
18 agency, please take a hard look at
19 the potential impacts before
20 approving any Environmental Impact
21 Statement for this project . As
H1-7
22 the Planning Board, please do not
23 accept this proposal which is
24 obviously designed to maximize
25 profit for one property owner at
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2 the expense of the real community H1-7
Cont'd.
3 of Cutchogue . If it doesn ' t fit,
4 please tell them to quit . You
5 have the authority and the duty to
6 use it wisely.
7 Thank you for your
8 consideration and anticipated
9 attention to these issues .
10 Are there any questions?
11 (Applause . )
12 MR. WILCENSKI : Do any
13 Board members have any questions?
14 (No response . )
15 MR. WILCENSKI : No
16 questions . Thank you for your
17 time on this .
18 MR. SCHWARTZ : I did a lot
19 of research, but I ' ll submit a
20 complete . . .
21 MR. WILCENSKI : Thank you .
22 MR. TOEDTER: My name is H2
23 Bill Toedter, and I currently
24 serve as the president of the
25 North Fork Environmental Council .
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2 This is hardly a basic or simple
3 project or process complicated by
4 the court battles and legal
5 stipulations, but rather than
6 rehash what ' s been done, let ' s
7 focus on what needs to be done,
8 and I think our members have
9 reached and expressed their
10 feeling that there is a need for
11 alternative housing . Many people
12 in their fifties and sixties and
13 beyond find themselves in a home
14 that ' s too large, too costly for
15 just one or two people, and want
16 to downsize, buy an affordable
17 option that will allow them to
18 stay here .
19 I can ' t speak to the H2-1
20 affordability of this project, but
21 the buzz of our members also tell
22 us that they want to live in a
23 place of values and that protects
24 the very things that brought them
25 here in the first place; the
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2 natural beauty of the North Fork
3 and abundant wildlife, the slower H2-1
Cont'd.
4 pace of life, its rural corridors,
5 the protected open spaces and
6 clean waters, and it ' s to these
7 issues I can and must speak to .
8 There are some basic facts
9 that this Board, this Town
10 government and this community must
11 address with regard to this
12 project and how it fits within not
13 only our personal vision of the
14 Town, but also within the Town ' s
15 comprehensive plan . Currently
16 Southold enjoys a residential
17 housing density of about . 5 homes
18 per acre, or one home for every
19 two acres . That number is not
20 only important in terms of the H2-2
21 number of people in the Town, but
22 it speaks to the land' s ability to
23 deal with the wastewater we put
24 into the ground currently.
25 Over the years, experts
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2 have said that the ideal density
3 would be about one home for every
4 five acres for traditional septic
5 systems . But when we look at this
6 project and what it may mean to
7 future projects in the Town, the
8 density for 120 units -- 124 units
9 on approximately 46 acres is H2-2
Cont'd.
10 around 2 . 7 units per acre . That ' s
11 five times over the Town ' s current
12 level density. Is that the number
13 or trend we can support across the
14 Town? No, especially not on
15 antiquated septic systems .
16 The second fact we must
17 look at is water use . As we all
18 know, we ' re facing water quality
19 issues across Long Island, but
20 we ' re also facing a growing water
21 quality concern . Simply put,
22 we ' re pumping out far too much
23 water from our aquifers than is H2-3
24 being replaced. Levels of clean
25 water are dropping while areas of
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2 polluted groundwater and areas
H2-3
3 where over-pumping have caused Cont'd.
4 saltwater intrusion are growing.
5 We are faced -- we are using too
6 much water, and too little is
7 being recharged back into the
8 system. This project decimates a
9 daily water use for residents of
10 22, 500 gallons per day, but to
11 irrigate the ground that estimates
12 a need for almost twice that at H24
13 43, 500 gallons per day, this is
14 not the type or level of water use
15 we can sustain on Long Island. We
16 must demand more sustainable water
17 use practices .
18 And at over 60, 000 gallons
19 of water added to the ground each
H2-5
20 day, how water moves under ground,
21 known as the hydrology, will be
22 affected. The project calls for
23 burying arsenic- and
H2-6
24 mercury-tainted soils, but with
25 the added water being introduced
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2 to the property, no one knows if
H2-6
3 these contaminants will be kept on Cont'd.
4 the property or will be spread to
5 nearby private wells . We also
6 know that there is tannic and
7 other pollutants in the ground
8 affecting some neighbors ' wells .
9 Will homes with good water today
10 find themselves with undrinkable
11 water in the future as the added
H2-7
12 water affects underground flow of
13 pollutants? And who knows how
14 long each of these changes may
15 take? If a homeowner who has
16 clean water for 30 years but finds
17 it contaminated by tannic five
18 years down the road, who will be
19 held responsible? Who will pay
20 the cost of testing and
21 remediation? Who will make up for
22 a drop in that property' s value?
23 And then what we do with
24 the wastewater is equally
25 important . The project calls for H2-8
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H2-8
2 the use of traditional septic Cont'd.
3 tanks . If there is nothing else
4 we have learned in the past three
5 years, it ' s that Suffolk County' s
6 growing water quality issues is
7 due to our ancient practice of
8 putting our wastewater under
9 ground, out of sight and out of
10 mind.
11 But traditional septic
12 systems do not reduce to remove
13 nitrogen and groundwater; in other
14 words, our drinking water
15 supplies, and the surface water;
H2-8
Cont'd.
16 in other words, the fresh- and
17 saltwater ecosystems, are becoming
18 more and more polluted. We know
19 that, yet we don ' t demand that
20 anything be done about it . This
21 must change .
22 About 18 months ago, the
23 NFEC complained to the Town that
24 building permits were routinely
25 extended year after year with no
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2 re-examination of how conditions
3 and needs may have changed over
4 time . The Town changed the code
5 so after three years any
6 extensions required were reviewed
7 by the Town . However, that system
8 hasn ' t transferred to this project
H2-9
9 application in part due to the
10 court case and the temporary
11 resolution . But the project here
12 in 2015 is being examined and
13 evaluated based on water tests
14 from 2007 . Please refer to
15 Appendix D, Testing and Soil
16 Management Plan, Pesticides Report
17 dated November 8, 2007 .
18 Now, over that number of
19 years, we know that things have
20 changed, and most likely changed
21 for the worse . So how can we or
22 the Town make wise and informed
23 decisions based on such old data? H2-9
Cont'd.
24 If we look at the data, it shows
25 that in 2007 the level of nitrates
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2 in the drinking water tested was
3 2 . 8 milligrams per liter . Now,
4 under the USEPA' s standard for
5 drinking water of 10 milligrams
6 per liter, it ' s an acceptable
7 level, but we also know that if we
8 were to have healthy marine system
9 waters -- waters that support
H2-10
10 healthy marshes to protect us from
11 storm surges, waters that support
12 all levels of life so that finfish
13 and shellfish can spawn and
14 reproduce, waters that prevent the
15 growth of large algae blooms that
16 poison and kill fish and can be
17 harmful to humans -- we need to
18 have nitrate levels of about
19 0 . 5 milligrams per liter .
20 Now, we also know that
21 80 percent of groundwater flows
22 into the marine systems
H2-11
23 surrounding Long Island. SO if
24 the 2007 number shows nitrate
25 levels already at 2 . 8 milligrams
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2 per liter, we know that we ' re
3 already at levels that are
4 poisoning our creeks and bays, and
5 although that number is sure to be
6 higher eight years later, we also
7 know that using 37 septic rings on
8 this property, as stated in the
9 application, will cause further
10 deterioration of both our ground
11 and surface waters . Everyone in H2-11
Cont'd.
12 this room knows that; there is no
13 other conclusion .
14 Yet, on Page 16 of the
15 Executive Summary, the applicant
16 states "It is anticipated
17 construction of the proposed
18 project would have a positive
19 impact on groundwater quality. "
20 This is a ridiculous and
21 unsupportable conclusion .
22 Developers make unsupportable
23 claims like this at a time when
24 the whole of Long Island is facing
25 dramatic declines in water quality
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2 wonder why they have no
3 credibility with the public . But
4 if this Board and this Town do not
5 act upon such claims, they too
6 will lose credibility.
7 And again, on Page 18 of
8 the Executive Summary when talking
9 about surface waters, the
10 applicant states "The proposed
11 project would have no impact on
12 such resources . " The applicant
13 fails to understand and consider H2-12
14 that what they do to the
15 groundwater affects the surface
16 waters beyond its property lines,
17 surface waters like Wickham Creek,
18 which are shared by the whole
19 community. Is this Board and this
20 Town going to sit idly by and let
21 this project affect community
22 resources in such a negative way?
23 Lastly, this project shows
24 a disregard for the very natural H2-13
25 resources and the wildlife we all
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2 love and fight so hard to protect .
3 As proof, in the Executive
4 Summary, development of the
5 proposed project would necessitate H2-13
Cont'd.
6 the entire site to be cleared.
7 Nesting sites for birds, nesting
8 sites for bats, feeding sites for
9 land dwellers and other animals
10 all will be removed.
11 Box turtles have been seen
12 on the site and are a protected
H2-14
13 species, yet the developer admits
14 that bulldozing the entire site
15 will result in the loss of "some
16 slower-moving" animals . Why does
17 this have to be a cost of
18 development?
19 Appendix F, Natural
20 Resources, of the application H2-14
21 identifies a great number of Cont'd.
22 protected species found on the
23 property, but we ' re still clearing
24 habitat rather than protecting it .
25 The applicant states the removal '
Cont
Cont'd.
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2 of all habitats will be mitigated
3 by the creation of three manmade
4 habitat systems . Not even the New
H2-13
5 York State Department of Cont'd.
6 Environmental Conservation
7 believes that any manmade
8 ecosystem can adequately replace a
9 natural system.
10 When the Town buys land to
11 preserve as open space, it doesn ' t
12 clear-cut the land. Agricultural
13 land is kept in operation, but
14 other lands are preserved with a
15 minimal intrusion to create paths
16 of recreation and enjoyment and
H2-15
17 maintenance pathways . Yet here,
18 all of 24 acres are to be set
19 aside of, quote, "open space, " the
20 same standards of protection and
21 minimal intrusion of the current
22 natural habitat are not in place .
23 They should be, because we ' re
24 losing native habitats to lawns
25 which require vast quantities of
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2 water, fertilizers and pesticides,
3 further stressing our waters .
4 The application goes on to
H2-15
5 say that a "nature trail" will be Cont'd.
6 put into place . Tell me, where is
7 the nature once it ' s been
8 bulldozed?
9 I hate stating the obvious,
10 but in this case I have to . You
11 and the Town of Southold -- sorry.
12 You are not the Southold Town
13 Project Board; you are the
14 Planning Board. It is in your
15 responsibility to look at each
16 project in the broader scope of
17 the Town ' s character and
18 comprehensive plan . We, the
19 public, look to you to call out
20 inaccurate and supportable
21 acquisitions, to call out an
22 applicant who makes such
23 outrageous statements as "It ' s
24 anticipated that construction of
25 this proposed project will have a
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2 positive impact on groundwater
3 quality. "
4 If you don ' t, who will? We
5 realize that in this particular
6 case the Town has agreed to
7 certain stipulations in order to
8 put aside a lawsuit, but that
9 doesn ' t mean the Planning Board H2-16
10 and the Town has to put aside the
11 health of the environment, the
12 health of its current and future
13 residents, and ignore critical
14 water issues . It ' s also why
15 everybody in this room must speak
16 out, to take the time to contact
17 our legislative representative Al
18 Krupski, as well as the Suffolk
19 County Department of Health
20 Services, to demand that high-tech
21 nitrogen-reducing wastewater H2-17
22 treatment must be part of this
23 project if it is to move forward.
24 And while the Town may not
25 be able to project this condition
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2 on the applicant, the community
3 should. Yes, we need better home
4 options for the young, the working
5 and the retired, but at what cost?
6 We welcome good developers, good
7 neighbors who are willing to work
H2-16
8 with the Town and its residents Cont'd.
9 and not ignore issues or dictate
10 conditions . Yes, it will cost
11 more to do so, but it will cost
12 even more, it may even be
13 unaffordable, if we keep pushing
14 off progress and solutions to our
15 water issues down the road.
16 Thank you .
17 (Applause . )
18 MR. WILCENSKI : Thank you .
19 Just as a side note,
20 everyone, this is being recorded,
21 and everyone ' s concerns here will
22 be addressed by staff and this
23 Board over the next several
24 months .
25 MR. TOEDTER: I would ask
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2 one thing. There are a few
3 groups, including North Fork
4 Audubon who were not able to
5 attend today, and they were asking
6 if the public comment period could
7 be kept open for a period of time
8 so that they can communicate with
9 the Board some more .
10 MR. WILCENSKI : Yes, at the
11 end of this meeting we will be
12 making a motion to consider that .
13 Anyone else can step to the
14 other mike and start, and please
15 speak first, and then you can sign
16 your name when you are finished.
17 MR. TETTLEBACH: Thank you .
18 My name is Steve Tettlebach. I H3
19 speak to you tonight as a
20 long-time resident of Cutchogue
21 and as a professional biologist .
22 I have a Ph. D. in ecology, and
23 I 've been a professor at Long
24 Island University for 30 years . I
25 teach many courses in ecology,
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2 biology and marine biology. I
3 regularly write and review
4 scientific papers, proposals, as
5 well as Environmental Impact
6 Statements .
7 I spent a lot of time
8 reviewing the current DEIS . I
9 have a 15-page review that I would
10 like to submit a copy to you
11 tonight (handing) , and I would
12 like to spend a few minutes
13 discussing --
14 MR. WILCENSKI : Sorry to
15 interrupt, but you need to speak
16 into the microphone .
17 MR. TETTLEBACH: Sorry.
18 I ' d like to spend a little
19 bit of time here tonight talking
20 about four issues, and I 'm
21 assuming this goes into the
22 permanent record, but I just want
23 to make sure that it does .
24 MR. WILCENSKI : Yes, it
25 does . Everything that is said
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2 here tonight is being recorded and
3 would be in the public record.
4 MR. TETTLEBACH: Thank you .
5 First, I want to commend
6 the Planning Board and the
7 Planning Department for their
8 diligence in dealing with the
9 proposed development, but as I
10 will discuss, I believe there is
11 much more to be considered.
12 Ultimately, based on the
13 provisions of the New York SEQR
14 Act, I believe that the project
15 should be stopped from going
16 forward as a community, and H3-1
17 environmental risks associated
18 with this project far outweigh the
19 potential benefits .
20 I 'm going to focus on four
21 issues . One is a community issue
22 and the last three are
23 environmental issues . The DEIS
24 states that the proposed project,
25 and I quote, "would include 124
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2 residential condominium units
3 subject to covenants and
4 restrictions limiting the
5 occupancy of the units to persons
6 55 years or older, a spouse of any
7 age, children or grandchildren
8 residing with a permissible
9 occupant providing they are
10 19 years of age or older, and
11 individuals residing with and
12 providing support to a permissible
13 occupant . "
14 This is very vague . The
15 clause "providing support" is
H3-2
16 extremely broad. Does this
17 include physical, emotional and/or
18 other forms of support? If so,
19 children of school age are clearly
20 not precluded from living in these
21 condominiums . This may be the
H3-3
22 only logical explanation why the
23 developer contacted Dr . Anne
24 Smith, Superintendent of the
25 Mattituck-Cutchogue Union Free
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J Cont'd.
2 School District, by mail on
3 September 24, 2014 . This is right
4 in one of the appendices, Appendix
5 C of the DEIS, and the letter
6 inquired about the capacity of
7 local schools and whether they
8 would be able to accommodate
9 school-age children from the
10 development, the Heritage
11 development .
12 So, if school-age children
13 live in the condominium complex
14 and are allowed to attend our
15 local schools, this would place an
16 additional tax burden on the H34
17 residents of Cutchogue and
18 Mattituck who pay full taxes for
19 schools, whereas the condominium
20 owners would pay a much discounted
21 rate . This is completely unfair .
22 So, to either eliminate the
23 possibility of school-age children H3-2
Cont'd.
24 living in the condominium complex,
25 the Town Board and the Planning
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2 Board need to provide a specific
3 provision to that effect; or, the
4 residents of the condominium H3-2
Cont'd.
5 should be charged full taxes to
6 pay for any children that live in
7 the development that attend our
8 schools .
9 The next item I want to
10 talk about is nitrogen, and Bill
11 Toedter did a very nice job
12 discussing this . As you know,
13 nitrogen reduction is known as and
14 has been designated a priority for
15 the Peconic bays, and I have a
16 feeling that Kevin McAllister may
17 talk about this next .
18 In the present design, as
19 you well know, wastewater from the
20 Heritage will be directed to
H3-5
21 clustered septic systems . Unlike
22 sewage treatment plans, these do
23 not reduce the amount of nitrogen
24 present in sewage . In addition,
25 as Bill raised the issue,
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2 fertilizers in irrigation (water)
3 as well as pesticides and
4 herbicides will be dumped into the
5 groundwater . And by the way,
H3-6
6 there ' s going to be a lot of
7 irrigation . As Bill mentioned,
8 there will be over 10 acres of
9 lawns proposed for the
10 development .
11 Nitrogen from these sources
12 will flow into the groundwater,
13 and as cited in the DEIS, the
14 ultimate fate of this excess H3-7
15 nitrogen is that it ' s going to
16 flow into Wickham Creek and into
17 the Peconic bays . Impacts of
18 excess nitrogen input to our bays
19 are well known, an increased
20 frequency or duration and toxicity
21 of harmful algal blooms . Blooms
22 such as red tides are toxic to
23 humans directly. Blooms such as
24 brown tides and rust tides can
25 directly cause mass mortalities of
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2 shellfish and finfish. In turn,
3 die-off of shellfish and finfish
4 can cause dissolved oxygen levels
5 to plummet, which causes further
6 mortalities . Degraded water
7 quality then may result in
8 closures of shellfish harvesting
9 eggs .
10 I have worked for 29 years
11 to restore Peconic Bay scallop
12 populations following their
13 complete collapse in the mid-1980s
14 from brown tides . I 've led these
15 restoration efforts for the last
16 12 years . A lot of people have
17 spent hours and days and months
18 and years and decades at this;
19 okay? Long Island University,
20 Cornell Cooperative Extension,
21 students, volunteers . This has
22 led to a dramatic resurgence in
23 the bay scallop populations and
24 fisheries in recent years . This
25 has generated more than $8 million
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2 of revenue for local bagmen, more
3 than $80 million in revenue to
4 local businesses, and it ' s also
5 helped to preserve the maritime
6 culture of eastern Long Island,
7 which is so central to our way of
8 life here .
9 I believe firmly that the
10 excess levels of nitrogen that
11 would be generated by this
12 proposed development will increase
13 the frequency and toxicity of
H3-8
14 these harmful algal blooms and
15 thus endanger our populations of
16 scallops and other green life . I
17 do not want to see all that we 've
18 worked for so hard go for naught .
19 I 'm getting too old for this .
20 If this project has to go
21 forward, and I certainly hope it
22 does not, the only logical H3-9
23 recourse is to absolutely insist
24 that advanced sewage treatment be
25 required.
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2 The third issue I want to
3 address is something that was
4 raised in the DEIS, and this is
5 the Northern long-eared bat, a
6 species which is listed under the
7 Endangered Species Act of the
8 United States, and it ' s listed as
9 being federally threatened.
10 The DEIS states, and I
11 quote, "Based upon the 2014 field
12 inspection, potential summer
13 roosting habitat and foraging
14 habitat for the
15 federally-threatened long-eared
16 bat is supported within wooded
17 portions of the subject property. "
18 In my neighborhood on Crown Land
19 Lane, which is less than 200 yards H3-10
20 from the proposed development, we
21 regularly see bats in summer about
22 the same size as the northern
23 long-eared bats . I 'm not a bat
24 biologist, but it is certainly
25 possible that this is the species .
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2 And given that the Heritage
3 property is the largest area
4 nearby where I live, it ' s logical
5 that this may be in fact where
6 they roost .
7 As stated on the U. S . Fish
8 and Wildlife website -- and again
9 I quote, "Why is the northern
H3-10
10 long-eared bat in trouble? Loss Cont'd.
11 or degradation of summer habitat
12 via highway construction,
13 commercial development, surface
14 mining and wind facility
15 construction permanently remove
16 habitat in our activities
17 prevalent in many areas of this
18 bat ' s range . Forest management
19 benefits northern long-eared bats
20 by keeping areas forested rather
21 than converting to other uses . "
22 The first planned step of
23 the Heritage plan is to level and
H3-11
24 completely remove all vegetation
25 on the 46-acre tract . I urge the
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2 Planning Board to put a freeze on
3 the further removal of any trees
4 by the developer . Already H3-11
Cont'd.
5 hundreds, perhaps thousands, of
6 trees have already been removed by
7 the developer in the last several
8 years .
9 The DEIS goes on to say,
10 and again I quote, "Consultations
11 with the U. S . Fish and Wildlife
12 Service would be necessary to
13 determine potential species
14 impacts or development
15 restrictions associated with
16 northern long-eared bat . " I urge
17 the Planning Board and the
18 Planning Department to authorize
19 an independent assessment by the
H3-12
20 U. S . Fish and Wildlife Service,
21 which is the agency that regulates
22 the Endangered Species Act for
23 this species, to determine if
24 these bats are using the property.
25 This is a big deal . This is a
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2 federally-threatened species, so
3 more needs to be done to determine
4 if the bats are using the
5 property, and if so, what the U. S .
H3-12
6 Fish and Wildlife Service would Cont'd.
7 recommend that needs to be done
8 for the development; whether it
9 needs to be protected entirely or
10 to what extent .
11 The last one I want to talk
12 about is a species that I think
13 most people in this room will be
14 familiar with, and my wife is
15 going to play a recording here . I
16 hope you can hear it .
17 MR. WILCENSKI : I don ' t
18 think we ' re going to be able to
19 hear it unless it ' s brought to the
20 microphone .
21 MR. TETTLEBACH: You mind
22 bringing it up, Elise?
23 MRS . TETTLEBACH: Yeah.
24 (Whereupon, Mrs . Tettlebach
25 brings up the recording. )
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2 MR. WILCENSKI : Okay,
3 Steve, maybe you can explain what
4 this is .
5 MR. TETTLEBACH: Okay,
6 well, this is a species, like I
7 said, we ' re all familiar with, and
8 these are spring peepers .
9 (Whereupon, the recording
10 is played. )
11 MR. WILCENSKI : Okay, thank
12 you .
13 MR. TETTLEBACH: These
14 characteristic and unmistakable
15 chorus calls of the spring peeper,
H3-13
16 a frog, have been heard emanating
17 from the proposed property at the
18 Heritage . I heard these calls
19 this past year; my friends and
20 neighbors that live on Highland
21 Road have heard these calls every
22 year for many years, emanating
23 from the Heritage property.
24 Spring peepers are
H3-13
25 amphibians, which means that they Cont'd.
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2 require water in which to lay
3 their eggs . This means that there
4 has to be some type of standing
5 water, wetlands or seasonal
6 wetlands, present at this
7 location . The DEIS states that,
8 and I quote, "There are no surface
H3-13
9 waters or wetlands present at or Cont'd.
10 adjacent to the subject property. "
11 This does not appear to be true .
12 Spring peepers lay their
13 eggs in wetlands during the
14 spring. Surveys done by the
15 developer to look for wetlands
16 were done in October . I urge the
17 Planning Board and Planning
18 Department to require surveys to
19 look for seasonal wetlands at the
20 appropriate time of year, in the
21 spring. These should be done by
22 qualified impartial personnel such
23 as the New York State Department
24 of Environmental Conservation .
25 Furthermore, due to the
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2 sensitive nature of the seasonal
3 wetlands, I urge the Town to
4 prohibit the developer and any of
5 his parties from tampering with
6 the property until such time that
7 proper surveys are developed.
8 Spring peepers are not
9 themselves considered endangered, H3-14
10 but it ' s my understanding that if
11 wetlands or seasonal wetlands are
12 found on the subject property,
13 this would require under Southold
14 Town Code that there be a
15 hundred-foot setback radius around
16 the wetlands or seasonal wetlands .
17 Thank you for your
18 consideration .
19 MR. WILCENSKI : Thank you .
20 (Applause . )
21 MR. MCALLISTER: Good
22 evening. My name is Kevin H4
23 McAllister . I 'm the executive of
24 Defend H2O. It ' s pretty
25 self-explanatory as to the
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2 mission . Many of you know me as
3 the former Baykeeper that I served
4 for 16 years .
5 Approximately 10 years ago
6 I immersed myself in wastewater as
7 it relates to surface water
8 quality, recognizing the
9 implications to many of the tidal
10 creeks in particular, as we were
11 seeing a number of tributaries
12 exploding algal blooms, and, yes,
13 Steve, I completely concur with
14 your comments as well as Bill ' s,
15 and I will be touching on
16 nitrogen, of course .
17 With respect to the
18 proposal, I ' d submit to you that
19 the developer is just trying to H4-1
20 get under the wire as it relates
21 to the Article 6 regs . And again,
22 I will say this : In all
23 sincerity, based on my immersion
24 in this issue for over 10 years
25 now, I probably know the laws that
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2 govern wastewater discharges, the
3 regulations, the technologies,
4 better than most, and that
5 includes Suffolk County. And as
6 often is the case, the science
7 precedes policy. There is a
8 serious lag with the regs .
9 I will take issue or -- no,
10 let me check that . The developer,
11 in the EIS -- DEIS suggests that
12 there ' s conformance with Article 6 H4-1
Cont'd.
13 regs, such as stressed-out water
14 quality, groundwater quality,
15 would be protected. This is
16 absolutely false . And again, we
17 heard the -- Bill and Steve talk
18 about the nitrogen loadings and
19 the presence of, of course, the
20 harmful algal blooms and the
21 vicious cycle that that causes .
22 The Article 6 regs are, in H4-1
Cont'd.
23 fact, deficient . Suffolk County,
24 albeit slowly acknowledging that
25 fact, is even slower in basically
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2 catching up with the science that
3 would bring these regs to the
4 greatest protection, particularly,
5 as Bill articulated, that
6 disparity in our wastewater
7 discharges, the level of
8 concentrations in our groundwater
9 and what that means to surface
10 waters, as did Steve talk about
11 the algal blooms .
12 Again, that ' s a clear
13 fallacy, but in the draft document H4-1
Cont'd.
14 it ' s parroted on several
15 occasions, so when we get into the
16 discussion of water it ' s put right
17 out in front, somewhere midway it
18 appears again, and basically as a
19 closure, and what they' re telling
20 you is we ' re good to go because we H4-1
Cont'd.
21 complied with Suffolk County.
22 One of the items in there
23 as it relates and this perhaps
24 came from either -- maybe
25 commentary from myself or others,
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2 certainly the capable staff, to
3 address alternative systems . And
4 I was bemused by that, quite
5 frankly, and I ' ll address the
6 four, I guess, points that I saw H4-2
7 as the document addresses
8 alternative systems, the first
9 being the pilot program. And I
10 know Mr . Holman -- I don ' t know if
11 I 'm pronouncing his name
12 correctly -- suggested that, you
13 know, the County has embarked on a
H4-2
14 pilot project or pilot program Cont'd.
15 reclaiming our waters, which, you
16 know, my dissatisfaction with that
17 claim is for another day,
18 Mr . Bellone, but with that said,
19 you know, this pilot program is
20 looking at residential-scale
21 discharges, talking approximately H4-2
Cont'd.
22 300 gallons a day or higher, but
23 not into the intermediate flow.
24 As these systems are,
25 again, being tested, while they
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2 have been approved and proven to
3 be tried and true in other regions
4 of our country, this County for
5 some reason has difficulty
6 adopting them and particularly
7 putting them into any kind of law
8 with respect to mandates . This
9 clustering system that we ' re
10 talking about -- and when I made
11 the comment about really getting
12 under the wire, based on the
13 calculations from acreage,
14 approximately 46 acres, then you H4-1
Cont d.
15 get into the flow rates,
16 22, 540 gallons per day allowed,
17 22, 500 proposed, that ' s under the
18 wire . That ' s pushing the
19 envelope .
20 The pilot program, again,
21 it, quite frankly, is just put out
22 there . It ' s meaningless with
H4-2
23 respect to the big picture, and Cont'd.
24 that is overall loading that would
25 emanate from this development
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2 project, 124 units . Again, it ' s
H4-2
3 not necessarily about the Cont'd.
4 concentration -- I will get into
5 that -- but it is the overall
6 loading that would be on the H4-3
7 pathway to Wickham Creek. And as
8 I spoke to you back in I think it
9 was July, you know, ultimately,
10 the receiving areas, these
11 tributaries are in fact even more
12 vulnerable, because you don ' t have
13 the benefit of the flushing. So
14 the concentration into these
15 semi-enclosed systems ultimately
16 will be more pronounced.
17 Again, so let ' s dispense
18 the pilot program waiting for the
19 systems to come online . That ' s --
20 if it happens next year, two years
21 later, perhaps bringing it in on H4-2
Cont'd.
22 one cluster system, let ' s see how
23 it works, will be meaningless . So
24 there ' s no real credence to
25 looking at alternative systems
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2 here .
3 Number two, the larger
4 cluster systems : I didn ' t fully
5 grasp this, but ultimately to more
6 centralize these -- I have that in
7 my notes somewhere . Forgive me,
8 I 'm not finding it, but ultimately
9 the number of cluster systems, H4-2
10 this would bring it into a more Cont'd.
11 focused area, and the argument
12 against this would impact open
13 space and something with respect
14 to the grades on the flow rate .
15 Again, this is inconsequential .
16 It should be dismissed out of
17 hand.
18 Third, now we ' re getting
19 into advanced treatment . Bona
20 fide sewage treatment plants,
21 again, would be prohibited because
22 it would decrease open space as it H4-1
Cont'd.
23 constitutes with the site plan,
24 and then here ' s the real crux, it
25 would be more costly. Well,
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2 that ' s the price of clean water,
3 unfortunately, in this day and
H4-1
4 age, more costly. So again, in a Cont'd.
5 very short paragraph or so, that ' s
6 put aside .
7 Now I want to get into the
8 real point here, and this goes to
9 ultimately the inability to
10 incorporate bona fide advanced
11 wastewater treatment relative to
12 the gallons per day. So from
13 1, 000 gallons to 15, 000 gallons
14 per day in the past several years,
15 and then the final report, the H2M H44
16 report that I cited the last time,
17 that was finalized in June of
18 2013 . That looked at the larger
19 scale of flow in the commercial or
20 high-density residential up to the
21 30, 000 gallons . What the County
22 has done, they approved -- four
23 new systems came online for 1, 000
24 gallons to 15, 000 gallons per day.
25 Obviously, the flow that ' s in
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2 the -- proposed here, 22 . 5,
3 exceeds that . So the developer is
H4-4
4 saying, well, we can ' t do this Cont'd.
5 because it ' s not allowable .
6 That ' s false . That ' s very
7 misleading.
8 What the developer would
9 have to do, because, again,
10 relative to that study, they
11 tested out systems that can
12 perform. There ' s one system in
13 particular, nitric system -- the
14 County acknowledged this -- that
15 it can achieve denitrification
16 levels down to three to four parts
17 per million, or milligrams per
18 liter, consistently.
19 But again, for that system
20 to be approved in this scale, in
H4-4
21 this flow, would require it go Cont'd.
22 before -- the Suffolk County
23 Health Department would have to
24 approve it, so it ' s not matter of
25 fact, but it ' s rather bringing
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2 this application forward. The
3 Department of Public Works would
4 have to approve it, and lastly, a
5 sewage agency which was set up to
6 ultimately ensure that a H4-4
Cont'd.
7 homeowners association had all the
8 necessary oversight and management
9 in place to ensure that this
10 system functions . So, absolutely
11 this development can seek advanced
12 wastewater treatment at the
13 highest achievable levels, but
14 they have to pursue it .
15 The last point I want to
16 make, and this kind of ties
17 everything in . You know,
18 ultimately -- and forgive me for
19 speaking in a bit of an analogy,
20 but I hope you get this . I
21 mentioned since 2005 really
22 immersing myself into this issue
23 knowing the prominence of water
24 quality relative to our region .
25 And, you know, ultimately having,
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2 again, being well-versed in the
3 regs in particular and knowing
4 that the towns, the municipalities
5 as defined by state law, have the
6 authority to have more stringent
7 regulations than Suffolk County
8 and New York State . That ' s been
9 defined by state statute, and it ' s
10 been reinforced by case law, Town
11 of Knox versus Briermore
12 Corporation up in Catskills .
13 The Town Board has heard me
14 speak of this several years ago,
15 there ' s always deferral or
16 whatever the County will do, as
17 will the other east end towns .
18 Brookhaven Town has seized the day
19 in the Carmans River watershed.
20 They have passed a law roughly a
21 year ago requiring advanced
22 treatment down to 3 milligrams per
23 liter for all new development in
24 the intermediate flow by virtue of
25 these systems being approved
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2 within the Carmans River
3 watershed. This month they are
4 poised to introduce a new law for
5 all new waterfront development .
6 Residential development will be
7 required to achieve discharge
8 levels down to, I believe, 7
9 milligrams per liter using
10 advanced treatment . And again,
11 I 'm getting in a bit of conflict
12 with the Suffolk County Health
13 Department, but nevertheless,
14 here ' s a town outside of our
15 region that is getting it .
16 To my point, when the towns
17 understand this, we understand we
18 are in dire straits with water
19 quality, both drinking water as
20 well as surface waters . We have
21 to start to implement more
22 stringent regulations . I use the
23 analogy a big ship, that we 've got
24 to turn the wheel . It may take us
25 hours to do a 90 -- a 180, it may
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2 take us miles, but unless we turn
3 the wheel, we will never turn .
4 And yet with all the rhetoric
5 coming from Suffolk County in
6 claiming our waters, we ' ll test
7 it, we ' ll approve some systems,
8 but we won ' t mandate them, it ' s a
9 bit of a travesty.
10 You know, we look toward
11 sustainable development -- and you
12 heard these two gentlemen
13 articulate some of the
14 considerations -- at what point do
15 we actually start to implement
16 sustainable development? I 'm
17 asking you today, the authority
18 that is granted to you, ensure at
19 a minimum that this wastewater
20 management on this site is to the H4-1
and
21 highest achievable levels . H4-2
Cont'd.
22 Ensure, require that they go
23 through the process of going
24 through the Health Department,
25 Public Works, the sewer agency.
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2 If that ' s what it takes to get the
H4-1
3 approvals for the systems that and
H4-2
4 have been approved beyond the Cont'd.
5 15, 000 gallons per day rate, so be
6 it .
7 And lastly, cost
8 implications . I know this is
9 going to cost more than the
10 conventional system. They are
11 pushing the max on the number of
12 units to get in under the wire for
13 conventional wastewater system.
14 It ' s all cost implications . Well,
15 in this day and age with our
16 development, there ' s no excuse not
17 to require, again, for wastewater
18 the highest achievable levels .
H4-2
19 So, please, find the means to say Cont'd.
20 "No" to this project until they
21 come forward, because right now,
22 all they' re basically submitting
23 to you is smoke and mirrors with
24 respect to the Health Department,
25 and that should be unacceptable to
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Cont'd.
2 this community.
3 Thank you .
4 (Applause . )
5 MS . BERRY: Hi . I 'm Glynis H5
6 Berry. I 'm with Peconic Green
7 Growth, and we have been working
8 on wastewater issues for the last
9 four years hoping to get
10 government to change their
11 outlook.
12 A couple of things . First,
13 I agree allowing this to be a
H5-1
14 condominium means that they are
15 taking advantage not only of
16 reduced taxes, but a higher
17 density calculation . And maybe
18 that ' s considerable if it ' s
19 affordable housing, but this
20 doesn ' t appear to be that, so I
21 think it ' s valid to ask them to do
22 more to protect the environment if H5-2
23 they are going to keep this kind
24 of structure .
25 For instance, if you look
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2 at the calculations for
3 wastewater, they say they are only
4 allowing 150 gallons for a
5 15, 000-square foot unit . Well,
6 I ' d ask you to compare this
7 development to the same site if it
8 were developed as separate lots .
9 Each lot would only be a half acre
10 and each house would have a
11 minimum of 300 gallons per day.
12 What they are doing by having a
H5-3
13 condominium organization, they are
14 taking the intensity to the max
15 that ' s allowed; whereas, a house
16 has a built-in safety measure,
17 they are eliminating that when
18 they are calculating the
19 wastewater . So they are actually
20 having a wastewater density that ' s
21 four times than what you would see
22 if these were developed as
23 half-acre lots .
24 So, I think you need to
H54
25 consider that . Yes, they may meet
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2 the code as it exists now, but it
3 doesn ' t meet the way this
H5-4
4 community has been developed and Cont'd.
5 it doesn ' t meet the safeguards
6 that are in our code and our
7 traditional development .
8 Suffolk County has done
9 their Comprehensive Water
10 Resources Management Plan, and
11 they realized that they goofed in
12 this area, that the minimum lot
13 size should have been one acre,
14 not a half acre, and they are
15 looking to start changing rules
16 and regulations, so then that
17 should also support, yes, it
18 doesn ' t exist now, but it ' s
19 coming. If you are going to look
20 at lot size for nitrogen
21 mitigation, in our area it would
22 be between 3 and 5 acres to get
23 the equivalent reduction in
24 nitrogen .
25 The Peconic estuary, they
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2 have a TMDL which is trying to
3 increase the dissolved oxygen, and
4 nitrogen is the major controlling
5 factor . They have recommendations
6 that were developed years ago, and
7 I have yet to see that included in
8 a planning or regulation .
9 And not only that, what
10 they have in their comprehensive
11 plan isn ' t enough. We 've done
12 calculations . We have a report on
13 our website I encourage you to
14 look at . The Peconic estuary,
15 every single parcel needs to be
16 treated, and preferably to the
17 maximum degree . We figure that to
18 get to the level of the pollutant H5-5
19 source, any non-conforming lot
20 size, which this would be, would
21 need to have the maximum nitrogen
22 mitigation . So, please, figure
23 out how to do this .
24 And another way is to do
25 maximum mass loading, and I
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2 support that there ' s no reason
3 they can ' t do an
4 intermediate-sized system here .
5 They do it all the time . So, that
6 is one option . There ' s another
7 option, how do they dispose of the
8 wastewater? They are putting it
9 into pits . Nowhere else in the
10 country allows people to do this .
11 The State allows shallow,
12 narrow distribution . For
13 instance, there ' s something called
14 the Geomap . This could irrigate,
15 and it treats water at the same H5-6
16 time, because it gets the
17 wastewater up in the high level of
18 the soil where there are more
19 microorganisms that work naturally
20 to treat wastewater, and there ' s a
21 study that came out of the Mass
22 Test Center, and they found that
23 the shallow distribution also
24 treats for pharmaceuticals and
25 contaminants of emerging concern .
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2 And if this group is limited to
3 over 55, you can guarantee there
H5-6
4 are a lot of drugs going into this Cont'd.
5 water . So, it would be a much
6 healthier solution to have a
7 shallow distribution .
8 I 'm not quite sure I
9 understand these two huge pits .
10 It looks like sand-mining to me .
11 It looks like creating income to
12 help pay for things . There are a
13 couple of things . This could be H5-7
14 used in a different way. If they
15 are going to make a lake
16 eventually, it should be lined and
17 it ' s just -- it ' s also reducing
18 the filtering of the earth,
19 separating whatever is discharged
20 to groundwater . So, I don ' t see
21 any benefit in making these huge
22 pits on the site . So, I think
23 that needs to be looked at .
24 Why not just don ' t allow
H5-8
25 irrigation? You know, you don ' t
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2 need it . Allow it for the first
3 couple of years to establish new H5-8
Cont'd.
4 plantings, and then none . That ' s
5 a lot of water that was quoted.
6 We don ' t need to use it . We can
7 do native plantings, we can reuse
8 wastewater, we can have gray water
9 be used. There are other
10 alternatives . I would only allow
11 irrigation if it was some kind of
12 reuse of water .
13 Also, start requiring an
14 environmental sustainable
15 development . For instance, the
16 EPA has water sense fixtures that
17 totally reduce the water usage,
H5-9
18 and that also would increase the
19 benefits of any kind of septic
20 system that ' s part of any kind of
21 treatment . Limit turf . Those are
22 just a few things that we can look
23 at . Make sure, you know, the
24 energy protection goes beyond the
25 code .
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2 This is an isolated
3 development . It ' s getting the H5-1
Cont'd.
4 advantage of Hamlet Density, but
5 it ' s not providing anything back
6 to a Hamlet configuration . A
7 Hamlet is for people . It is for
8 affordability, it is for a mixture
9 of access to, you know, retail and
10 institutional directly for the
11 residents . This is a western site
12 plan that ' s made to be isolated.
13 It shouldn ' t be in a Hamlet . It ' s
14 the wrong location for this .
15 And why do we need to limit
16 this to over 55? Southold has the H5-10
17 highest population, age
18 population, than anywhere else .
19 Do we really need to increase
20 this? It ' s not reducing costs .
21 Everybody thinks, you know, we ' ll
22 overload the school system. Well,
23 guess what? Elderly people also
H5-10
24 overload community resources . So, Cont'd.
25 I don ' t really think we need any
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2 more housing directed to over 55 H5-10
Cont'd.
3 unless it ' s affordable, to allow
4 people to live here . And don ' t we
5 want to encourage people, the
6 young families? We keep on saying
7 we want our young families to stay
8 here, but if we keep building
9 developments that don ' t allow them
10 to be part of this community, in a
11 Hamlet where people could actually
12 walk to school, then something is
13 wrong with our planning. We have
14 to start thinking of that .
15 So, thank you for letting
16 us speak, and I hope that you
17 reconsider this . This is not the
18 right development for this
19 location, for this community.
20 (Applause . )
21 MR. WILCENSKI : Thank you .
22 Please write your name .
23 MR. SHAHATY: Sir, on this
24 side?
25 MR. WILCENSKI : Go ahead.
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2 MR. SHAHATY: My name is
3 Mitchell Shahaty. I 've been a H6
4 resident of Peconic for nearly
5 13 years . I 'm here to voice my GENERALSU PORT
6 support of this project . I have
7 enormous respect and love for the
8 North Fork lifestyle and the
9 wildlife and all of the
10 environmental issues that have
11 been raised here, however I think
12 that there are aspects of this
13 project that are very positive for
14 the community. And while I may
15 not seem to be too popular at the
16 moment voicing that, I would like
17 to present that I have just a
18 couple of reasons why I believe
19 this project is valuable .
20 One of the things that
21 seems to be repeated over and over
22 again is this over-55 restriction .
23 I believe that the developer has
24 every intention to close any
25 loopholes that somebody suggested
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2 might exist, and their intention
3 is to market these to people over
4 55 . With that comes the benefit
5 of individuals who will come here
6 after having, most likely, sold
7 their home that requires a great
8 deal of maintenance and moved into
9 a community where they can live
10 free of that burden . At the same
11 time, these people will be
12 contributing to our community.
13 They have income, they are
14 interested in the North Fork
15 lifestyle or else they wouldn ' t
16 move here .
17 I also want to state that
18 this is not just for outsiders .
19 There are plenty of people like
20 myself who fall into this age
21 bracket who look someday to stay
22 here and retire, but I certainly
23 don ' t want to maintain a home, and
24 I believe that the proximity of
25 the Village allows all these
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2 people to contribute to the
3 Village, or the Hamlet of
4 Cutchogue, the merchants, all the
5 stores, all the vineyards . These
6 are people who want to be here and
7 will contribute .
8 Additionally, the over-55
9 restriction specifically will
10 create -- the individuals who are
11 purchasing these will donate or
12 contribute a considerable amount
13 of tax dollars to the community.
14 Approximately $450, 000 a year will
15 be contributed in real estate
16 taxes; of that, 290 , 000 go to
17 schools . Currently that property
18 is contributing approximately
19 $10, 000 . So, the schools have the
20 ability to take these funds to
21 help promote expansion, whatever
22 it is they need to do to continue
23 to build a better school system
24 without having the additional
25 burden of students, additional
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2 students that would be
3 commensurate with this number of
4 houses under normal conditions .
5 I also want to mention the
6 fact this will contribute several
7 hundred jobs to basically get the
8 project off the ground, and
9 eventually there will be permanent
10 positions that will be made as a
11 result of this, so that ' s also a
12 contribution to the community.
13 The developer has also pledged to
14 put $2 million as a donation to
15 the Town of Southold.
16 Now, I believe the
17 developer has submitted a proposal
18 that meets all of the existing
19 requirements and guidelines, or
20 else they wouldn ' t put it in front
21 of somebody. This is how things
22 are currently, and they meet that
23 load.
24 Now, I think there is a
25 great discussion here regarding
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2 the environment . I don ' t think
3 there ' s something anybody
4 willfully decides to disregard.
5 So, using this project as a point
6 of departure to have a great big
7 discussion about how this is going
8 to impact a variety of things,
9 especially the water as it seems
10 is clearly important to people
11 this evening, there is a bigger
12 conversation that the Town has to
13 take place . But as it exists now,
14 the project falls within the
15 guidelines of what anybody would
16 normally be required, and so these
17 things often do create a bigger,
18 larger dialogue that causes the
19 people who make these decisions to
20 start addressing things on a
21 bigger scale, but this particular
22 project does not fall outside of
23 those guidelines, and I believe
24 that efforts would be made, as the
25 attorney I believe said, to work
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2 with if there ' s a state of the art
3 sewage system that is presented to
4 the developer at the time of the
5 construction, they will consider
6 it . Nobody has stated otherwise .
7 But I believe if we have
8 antiquated systems that exist,
9 that place our environment into
10 jeopardy, this project is not
11 guilty of that; they are guilty of
12 just submitting a project that I
13 believe is beneficial to a large
14 number of people, and I believe
15 that it is within the guidelines
16 that are currently in place, and I
17 am in support of this .
18 Thank you .
19 MR. WILCENSKI : Yes, sir,
20 you are up .
21 MR. BUONETO: Yes, my name
H7
22 is Robert Buoneto . I live at 2500
23 Harbor Lane in Cutchogue . I 'm
24 only going to take two minutes of
25 your time .
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2 I retired out here
3 five years ago, and the first
4 thing I did was have my water
5 tested. I 'm 300 feet from East
6 Creek, and I had two tests done;
7 one by Suffolk County Water and
8 one by Harry Goldman in Mattituck,
9 and both levels -- I have them
10 here -- were unacceptable; 12 . 4
11 milligrams per liter, which is
12 well over the limits allowed. And
13 Suffolk told me the best thing for H7-1
14 me to do was to hook up to water,
15 which I did at the price of
16 $5, 000 .
17 But my concern is the
18 nitrate levels . They are not
19 getting any better, they are only
20 going to get worse, and the big
21 picture, you can see, what they
22 put in these clusters you are
23 talking about -- I don ' t know, I 'm
24 not a scientist; I 'm just a
25 retired old cop . I want to take
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2 my grandson to Pequash Beach, I
3 want that little boy to swim in H7-1
Cont'd.
4 clean water . That ' s what I 'm here
5 for . And I feel for the
6 55-and-olders that want to live
7 here and want to downsize, and
8 they deserve to live here, but,
9 God, this is a beautiful place and
10 I just hate to see it go .
11 (Applause . )
12 MR. RODRIGUEZ : Good
13 evening. My name is Pablo H8
14 Rodriquez . I 'm a licensed
15 engineer, and I work for P .W.
16 Grosser Consulting.
17 I do have a letter I would
18 like to give to you (handing) . My
19 colleague, Jerry Rosen, who signed
20 the letter, was supposed to be
21 here tonight . I 'm actually taking
22 his place . He couldn ' t be here .
23 I want to read the letter as
24 follows :
25 "P .W. Grosser Consulting
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2 has reviewed the plans submitted
3 to the Town of Southold as part of
4 the DEIS for the purpose of the
5 project Heritage at Cutchogue . We
6 have the following comments :
7 Based upon the review of the
8 proposed floor plans, there are
9 six possible condominium
10 models" -- I know that ' s a little
11 bit different from the original H8-1
12 statement at the beginning of the
13 meeting, but that ' s what we find
14 in the DEIS plans, there ' s six
15 possible condominium units .
16 "All of them, except B-2,
17 has less than 1, 600 square feet .
18 The DEIS has indicated that there
19 will be a total of 134 [sic]
20 condominium units comprised of 52
21 'A' units" -- " 'A' and ' C ' ; there
22 will be a total of 72 'B '
23 condominium units which are
24 estimated to be split between B-1
25 and B-2 . As you can see, B-1 has
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2 more than 1, 600 square feet, as
3 stated on the plans .
4 "B-1 condominium units
5 indicated on the architectural
6 floor plans is 1, 994 square feet . H8-1
Cont'd.
7 The DEIS indicates there will be
8 no 'B ' condominium units in excess
9 of 1, 599 square feet .
10 "The wastewater flow for
11 the 'B ' condominium units will be
12 225 gallons per day. This is
13 greater than 1, 600 square feet and
14 less than 2, 000 square feet . This H8-2
15 square footage calculation
16 excludes basements . The total
17 sanitary flow for the site based
18 upon the various condominium sizes
19 will be 25, 200 gallons per day. "
20 That ' s based on our calculations
21 based on the plans submitted to
22 the DEIS .
23 "The maximum stated
24 permissible sanitary flow from the
25 site is 22, 520" -- I 'm sorry,
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2 "22, 540 gallons per day. Flow in
3 excess of this 22, 540 gallons per
H8-2
4 day will require sewage flow to be Cont'd.
5 treated by either on-site or
6 off-site sewage treatment plants .
7 The plans do not show provisions
8 for construction of a sewage
9 treatment plant nor the
10 construction of a pump station to
11 convey the sewage to an
12 alternative sewage treatment
13 plant .
14 "According to the DEIS,
15 there is a stipulation that H8-1
Cont'd.
16 basements are to be excluded from
17 the total square footage of the
18 living space . This stipulation
19 was reviewed by the Town; however,
20 the Suffolk County Health
21 Department may not consider the
22 stipulation when the sanitary
23 application was filed.
24 "The Health Department has H8-2
Cont'd.
25 published a General Guidance
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2 Memorandum Number 23, which states
3 basements can be divided into two H8-2
Cont'd.
4 categories; either finished space
5 or unfinished space . The Health
6 Department has defined ' finished
7 space ' as a space that can be
8 finished to the point where
9 long-term occupancy is possible to
10 use for office, retail, industrial
11 space or other type of use due to
12 adequate lighting, ventilation and
13 egress" -- that ' s my point,
14 egress -- "et cetera . "
15 "Each of the condominium
16 units has a proposed
17 50-by-40 inches sliding basement
18 window, as shown in the DEIS
19 documents . The window will H8-1
Cont'd.
20 provide an approximately feet
21 opening of 50 by 20 , half of the
22 width. This equates to
23 approximately 1, 000 square inches,
24 or 6 . 94 square feet . The New York
25 State residential code considers a
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2 basement window with a minimum
H8-1
3 feet area of 5 . 7 square feet as an Cont'd.
4 emergency egress . If it is the
5 intent to construct each basement
6 with adequate ceiling height and
7 an emergency egress window such
8 that the basement will be code
9 compliant for living space
10 according to the New York State
11 Residential Code, then the Suffolk
12 County Health Department considers
13 the basement to be finished space,
14 each condominium could then have H8-2
Cont'd.
15 an allocated sanitary flow of
16 300 gallons per day, because the
17 total finished area will be
18 greater than 2, 000 square feet .
19 "Each condominium unit that
20 produces 300 gallons per day, the
21 maximum number of condominium
22 units will be reduced from 124 to
23 75 . " That is if each unit is
24 considered to have a finished
25 basement .
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2 "They will be reduced from
3 124 to 75 in order to be below the
4 permissible sanitary flow of
5 22, 540 gallons per day.
6 "Based upon the review of
7 the submitted DEIS, it appears
8 that sewage flow generated from
9 this proposed project exceeds the H8-2
Cont'd.
10 sanitary density. It would
11 therefore be necessary to have the
12 sewage flows treated to an on-site
13 or off-site sewage treatment
14 plant . Treatment of sewage flow
15 by sewage treatment plant can be
16 eliminated if the size or the
17 quantity of the condominiums units
18 are reduced.
19 "The Town should place
20 restriction on the size of the
21 basement windows in order to
H8-1
22 prevent basements from becoming Cont'd.
23 finished spaces as classified by
24 the Suffolk County Department of
25 Health Services . This will also
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2 eliminate the potential for the
3 basement to become further
4 legalized bedrooms or other
5 classified habitable spaces .
6 "Please feel free to
7 contact me if you have any
8 questions" -- that was my
9 supervisor, Jerry Rosen, and
10 that ' s the end of my presentation .
11 Do you guys have any
12 questions?
13 MR. WILCENSKI : Thank you .
14 Do any Board members have
15 any questions?
16 MR. SIDOR: No .
17 MR. WILCENSKI : No
18 questions .
19 MR. WIPF: My name is Alex H9
20 Wipf . I live in Cutchogue . I 've
21 lived in Cutchogue for about
22 45 years now.
23 I 'm sorry, it ' s just not
24 quick clear to me how this
25 situation developed, you know, to
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2 the point it has . In the first
3 place, that map is not entirely
4 clear to me . Where are the
5 houses? I mean, how -- I don ' t
6 know what they are . Are -- is H9-1
7 that a cluster of four houses per
8 group? Is that what that is? I 'm
9 asking because it ' s not clear to
10 me .
11 MR. WILCENSKI : The map is
12 out in the hallway.
13 MR. WIPF: He ' s out there?
14 MR. WILCENSKI : No, the map
15 is, the plans .
16 MR. WIPF: Right, but I 'm
17 sure I 'm not the only one .
18 Somebody else mentioned it .
19 Someone said she couldn ' t tell how
20 many -- what it was . It ' s
21 difficult to see what that is, so
22 it ' s difficult to know what you
23 are talking about; all right?
24 MR. WILCENSKI : Understood.
25 MR. WIPF: Okay. So, you
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2 guys are the Planning Board,
3 right, and it ' s five of you; is
4 that correct?
5 MR. WILCENSKI : That ' s
6 correct .
7 MR. WIPF: Now, you are not
8 an elected position?
9 MR. WILCENSKI : No .
10 MR. WIPF: So you are
11 appointed by the Town Board to do
12 your job; right?
13 MR. WILCENSKI : That ' s
14 correct .
15 MR. WIPF: Okay, very good.
16 Now, have you got -- are
17 any of you guys farmers, by the
18 way?
19 MR. SIDOR: Yes .
20 MR. WIPF: Ah, a real
21 person . You, too? Two farmers in
22 the place, then . Yes, very good,
23 because farmers are always
24 concerned, and they have been for
25 years, about how many people are
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2 out here .
3 Now, although it ' s unclear,
4 it looks to me like there ' s a hell
5 of a lot of houses there . Now, I
6 came into this whole, you know,
7 affair with Ray Huntington, say,
8 about 15 years ago, and we formed
9 an organization called Save Open
10 Space Now, and we generated
11 support for passing the Community
12 Preservation Fund, and we were H9-2
13 successful, and I think that ' s
14 been a really significant
15 contribution to trying to
16 preserve, as we used to call it in
17 the old days, "the rural quality
18 of Southold. " And you can ask the
19 farmers if, in fact, they think
20 Southold still has a rural
21 quality. Well, whatever . It ' s
22 certainly not the same as it was,
23 but that ' s what our intention was
24 for getting involved with it .
25 Now, if I remember, at the
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2 time -- now, this thing is what,
3 from ' 89? Because that thing was
4 granted in 189 --
5 MR. WILCENSKI : No, what
6 you see there has just been
7 generated in the last two years .
8 MR. WIPF: Yeah, I would
9 think so, because in 189 was it
10 one acre, and then we went to two?
11 Do you remember, guys? This is
12 your area, so I don ' t know. When
13 did we go to two from one?
14 MR. WILCENSKI : Mid- ' 80s .
15 MR. WIPF: Mid- ' 80s . So it
16 was before this, long before this .
17 All right .
18 The point of the thing
19 was -- and I was involved with the
20 five-acre zoning thing, too, but
21 what happened, and this is where I
22 fell out with the North Fork
23 Environmental Council, was the
24 farmers came to me and said,
25 "Look, we need to have five-acre
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2 zoning to generate our borrowing
3 ability. We have to say ' Look, we
4 can build thousands of houses
5 here, ' and say ' You can lend us
6 the money we need to run our
7 business . ' "
8 It was a very valid
9 argument . It certainly touched
10 me . I talked to Krupski, I talked
11 to a whole bunch of people . But
12 there was a kind of a, well, what
13 can we do about it, and somebody
14 said, "Well, look, why not just
15 develop a concept for the Hamlets
16 of packing people together?" Not
17 a bad idea, but this is somehow or
18 another not what I thought we had
H9-3
19 in mind, because it was about the
20 Hamlets . You know, the Hamlet of
21 Cutchogue; the store on the
22 corner -- you can count the
23 stores, you can count the
24 apartments overhead.
25 This thing is like
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2 (indicating) . It ' s enormous .
3 It ' s -- nobody objects
4 to changing, looking for a house .
5 You know, or the guy who is here
6 on the left, nobody objects to
7 people downsizing, but fellas, you
8 know, you gotta be true to your
9 roots there, especially you two
10 guys (indicating) . You gotta take
11 into consideration what something
12 like that would do to the "Hamlet H9-3
Cont'd.
13 of Cutchogue . " That ' s not -- you
14 wouldn ' t even call it a Hamlet;
15 it ' s a small city.
16 I mean, it ' s just not
17 appropriate for the North Fork.
18 You know, it ' s just -- that ' s not
19 what we had in mind when we, you H9-2
Cont'd.
20 know, got money together and taxed
21 people to buy out you guys '
22 development rights .
23 You know, I don ' t know how
24 this got to how it got to, but
25 just let me understand something.
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2 What happened, if I can understand
3 it from reading the paper and
4 talking to people, is that the
5 Town Board sued this developer and
6 said, "Look, you can ' t do this,
7 we ' re going to change the zoning, "
8 and then the developer
9 countersued, and the judge sided H9-4
10 with them, and so you had to
11 accept that you couldn ' t change
12 the zoning for this particular
13 property; is that correct? Is
14 that what happened?
15 MR. WILCENSKI : I 'm not
16 sure that ' s a hundred percent
17 correct .
18 MR. WIPF: I want to know H9-4
Cont'd.
19 what powers you guys have . I
20 mean, you have heard much more
21 eloquent speakers than me . My
22 God, look at the technical
23 expertise here . Where is that
24 biologist? My God, they are
25 talking serious stuff, and
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2 well-thought-out stuff . But what
3 can you do about it?
4 You know, the question in
5 my mind, as I watched the five of
6 you, was : Are they just going
7 through the motions, or, in fact,
H94
8 are they conscious of trying to Cont'd.
9 preserve the open space and
10 quality of the North Fork? You
11 got two farmers, those guys I know
12 want this place to stay as it is .
13 That ' s -- their business is
14 dependent on it, the outsiders,
15 visitors on the weekends are a
16 pain in the ass, they are always
17 complaining about noise and things
18 like that . We want to encourage
19 those people, and I 'm sure that
20 you are taking your responsibility
21 seriously, because it affects you,
22 and I think that ' s all everybody
23 who comes to these meetings really
24 wants to feel; that, in fact, what
25 people are saying to you -- and
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2 there are some substantial things
3 that have been said here -- will
4 in fact influence your behavior .
5 And that ' s all I have to
6 say. Thank you very much.
7 (Applause . )
8 MR. WILCENSKI : Again, I ' ll
9 just reiterate that this is being
10 recorded, and all of your comments
11 will be addressed.
12 MR. DEMARTINO: How' s it
H10
13 going? My name is Steven
14 DeMartino . I just recently bought
15 a house in Cutchogue, Highland
16 Road, right there, the old Linda
17 Cook residence and on the corner
18 of Spur Lane .
19 All the technical stuff I
20 certainly don ' t understand, but I
21 do know this one thing. I swung a
22 hammer for a living my whole
23 entire life, made a good living at
24 it and brought my family from
25 Brooklyn to Patchogue to
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2 Westhampton Beach to Cutchogue,
3 for one reason, the way of life
4 out here .
5 Everybody talks about the
6 senior citizens and the 55 and
7 older community. I 'm 38 years
8 old, and I made it out here just
9 to give my kids, my three young
10 kids, the best life they could
11 possibly have growing up .
12 The communities out west
13 are nothing like what everybody
14 here has preserved on the North
15 Fork. Me and my wife, we 've been
16 coming out here for quite a few
17 years . We started having
18 children . This was our goal, to
19 come out here to benefit our
20 children and our family to give
21 them that best way of life
22 possible .
23 We see on the news and the
24 TV all the chaos that ' s going
25 around in the world, everybody
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2 turns around and says "Keep Long
3 Islanders on Long Island, " that ' s
4 what we ' re trying to do .
5 And what I feel, with --
6 because my house is obviously
7 backed up right against there --
8 is, you know, to me, it ' s going to
9 destroy everything that I
10 personally thought I worked my
11 life for for my family. H10-1
12 How many roads do you know
13 on Long Island that your kids
14 actually still go ride their bikes
15 on, are friends with the neighbors
16 and can go play in the street
17 without anybody bothering them,
18 harassing them? Not many.
19 Excuse me, I 'm a horrible
20 speaker, but there are so many
21 things this community has to
22 offer, even for the younger
23 people . When I was buying my
24 house when we were out in
25 Westhampton Beach, I specifically
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2 spoke to multiple realtors, and
3 they all said the same thing, "Go
4 to Cutchogue . Go to Cutchogue .
5 It ' s for younger people . It ' s
6 what people want . It ' s that way
7 of life . If you have young
8 children, it ' s what you want to
9 do . "
10 And like I said, me and my
11 wife, we 've been coming up to
12 Southold and North Fork, Orient
13 for many, many years . We decided
14 to do Cutchogue at 38 -- 37 at the
15 time -- just because, okay, we ' re
16 around much more older people than
17 us, but it ' s that way of life that
18 we wanted for our children . In 10
19 to 15 years our children are not
20 going to have that because of
21 this . I know the way projects go .
22 I know -- I build houses, home
23 improvements . Everything looks
24 good on paper with all the
25 calculations, with the numbers,
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2 technologies and everything else .
3 It always looks good on paper, but
4 ultimately, it never pans out to
5 what it ' s supposed to be .
6 And like I said, my biggest
7 thing was for the community, for
8 what you guys preserved, the
H10-2
9 farmers, for what everybody else
10 over here (indicating) preserved,
11 it ' s what people, especially from
12 out west, are looking for . That ' s
13 going to be also the new influx, I
14 believe, that ' s going to come to
15 Cutchogue .
16 That ' s it, thank you .
17 (Applause . )
18 MR. WILCENSKI : Thank you .
19 MS . HOEG: Hi . Good
20 evening. Karen Hoeg from the law H11
21 firm of Twomey, Latham, Shea . I
22 just wanted to follow up on P .W.
23 Grosser ' s statement . In light of
24 all the testimony you have heard
25 regarding the concerns of
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2 groundwater and environmental
3 issues, and given the fact that
4 the total proposed sanitary flow
5 is so close to what is allowable H11-1
6 by the Health Department
7 standards -- 22, 540 is
8 permissible, and proposed is
9 22, 500 gallons -- I think the
10 Board really needs to pay close
11 attention to the specific details
12 of this project, and should the
13 Board decide to approve the
14 project, I would respectfully
15 request that a condition be
16 imposed that there be no habitable
17 space, living space of any nature, H11-2
18 including bedrooms, in the
19 basement area . That ' s of concern,
20 and it raises some ambiguity in
21 terms of the application .
22 That ' s all . Thank you .
23 MR. WILCENSKI : Thank you .
24 Yes, sir?
25 MR. DELUCA: Good evening,
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2 members of the Board. My name is H12
3 Bob DeLuca . I 'm a resident of
4 East Marion, and I serve as
5 president of Group of the East
6 End.
7 In order to spare you, I
8 will stipulate that most of what
9 you heard with respect to water
10 quality, habitat, overdevelopment
11 is strongly aligned with the
12 comments we wish to offer, and
13 will submit those in writing.
14 Where I thought I might
15 spend a little bit of time is
16 just, as the gentleman said
17 before, what can you do? And I 've
18 been sitting back there thinking
19 about that . I have to say I 've
20 been at this for 30 years, and I
21 don ' t remember many projects where
22 there was a Stipulation of H12-1
23 Settlement overlaid on top of a
24 SEQRA process . It ' s weird.
25 I don ' t know why they did
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2 it . The Town had its reasons . I
3 hope they never do it again,
4 because what that does is it turns
5 this discussion into something
6 that feels a little bit like a
7 charade, which is the stipulation
8 says how many units, it says the H12-1
Cont'd.
9 type of septic we ' re going to
10 have, and essentially designs the
11 project before you get to the
12 public hearing. At least, that ' s
13 what it looks like .
14 Then I thought about it a
15 little bit more, and I thought,
16 you know, well, maybe not, because
17 what also was going on, when you
18 look at that stipulation, is that
19 by the consent of both parties --
20 you, the Town, and the
H12-1
21 developer -- you can change that Cont'd.
22 stipulation . And it ' s incumbent
23 upon us, because there still is a
24 SEQRA process, there still is
25 something happening here to help
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2 you, I think maybe lend support to
3 you and try to reopen that
4 dialogue .
5 And I think when you get
6 right down to it, this project
7 is -- you know, this is what the
8 End looks like . You want to go up
9 west? That ' s what it looks like .
10 You want to drive on Sound Avenue
11 and go to those condo complexes
H12-2
12 with a guard gate at the front of
13 it? When did that look like the
14 Heritage of Cutchogue? Right?
15 It ' s not .
16 But you are stuck with
17 something, and it ' s much more
18 maybe than what you would have
19 wanted, and it ' s much more than
20 what we would have wanted, but
21 it ' s there . But I think there ' s
22 room to blink here, and I think
23 the blink is, as I see it, from
24 everything that ' s been put forward
25 in the Impact Statement, reading
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2 the stipulation, there ' s too many
3 units, there ' s too much clearing
4 and habitat destruction, there ' s H12-3
5 not enough wastewater treatment,
6 and there ' s too much water usage .
7 That ' s basically it .
8 And if you can start this
9 dialogue by getting the County
10 Health Department, not through a
H12-1
11 fourth-party analysis of what Cont'd.
12 somebody said in a letter three
13 years ago, but sit them down and
14 put some pressure on them to say,
15 look, your County Executive is
16 walking around telling us that we
17 need to do better and that we can
18 do better . The developer has
19 said, generously, that they' re
20 willing to sit down and talk. You
21 don ' t always hear that; I ' ll take
22 it .
23 There ' s a way to look at
24 this problem a little bit
25 differently, which is if the Board
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2 says we understand there ' s a
3 stipulation, but we ' re still a
4 Planning Board, we still do SEQRA,
5 there ' s still a law and there ' s
6 still too many impacts -- as
7 Mr . Wagner said in his opening
8 statement, you know, there ' s a lot H12-1
Cont d.
9 of ceilings in that stipulation,
10 but there ' s room to move within
11 those ceilings . So, if you need a
12 little room to put in a little
13 more sewage treatment and you need
14 to either move units or lose
15 units, you can do it .
16 If you need to protect some
17 area of habitat around there -- H12-4
18 and if you look at the Impact
19 Statement, I thought it was
20 interesting when they came back
21 with the sort of community that
22 would be left after it ' s
23 developed, not surprisingly, it ' s
H12-4
24 tar, grass and grass with trees . Cont'd
25 There ' s nothing else you could
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2 really do .
3 Maybe there ' s a different
4 way to do that, and the Board can
5 ask for those things . Those H12-1
Cont'd.
6 things are not excluded by the
7 stipulation . You still have that
8 to work with.
9 And, you know, I look at it
10 this way: The developer is in
11 with a project that they think
H12-1
12 conforms to what the agreement was Cont'd.
13 that they set with the Town, and
14 they are putting their foot
15 forward to get as much as they
16 can; we ' re making the argument to
17 you about the natural resources
18 that have defined this place for
19 centuries that matter to H12-4
' Cont'd.
20 everyone, that you all have the
21 difficult responsibility of trying
22 to balance .
23 But I have a feeling that
24 this could just sort of go down
25 the path of we said what we feel,
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2 you ' re stuck with what you ' re
3 stuck with, they submitted a plan,
4 and out it goes . I hope that
5 doesn ' t happen, and I hope that
6 you have heard from many of us
7 that we ' re here to offer and lend
8 the support needed to open up that
9 dialogue .
10 You know, some developers
11 want to sit down and say all
12 right, what is it? You know, they
13 got you into a position -- I don ' t
14 know how -- but they got all this
15 litigation going, but whatever it
16 is, until the final map is
17 approved, there ' s an opportunity
18 to do your best, an opportunity
19 for us to do our best and an
20 opportunity for them to do their
21 best . And I would say over and
22 above everything else, new to all
23 the details, new to all the
24 numbers, there ' s too much going
25 on, and you 've got to shoot that
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2 down, and you 've got to work with
3 them and see whether or not they
4 want to basically come in and be
5 the crier of the town or somebody
6 who is willing to work with you to
7 do a better job, and it is still a
H12-3
8 very, very generous density that I
9 think will end up on that property
10 short of anything else -- any
11 other thing that might happen .
12 So that ' s my kind of homily
13 about all of this . I mean,
14 listening to everything that ' s
15 been said, the issues that you
16 have heard are accurate, the
17 concerns are accurate, but you
18 don ' t have to just kind of say, "I
19 know. I 'm sorry, but you are
H12-1
Cont'd.
20 going to get this . " See if you
21 can work with them, and start with
22 the County.
23 One of the things that was
24 interesting -- and maybe I ' ll just
25 leave you with this : When you
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2 look even at the analysis that was
3 done with respect to the sewage
4 treatment numbers, you see that
5 there are about 40 gallons per day
6 within the range of what would be
7 the maximum flow capacity, but I
8 don ' t see anything about the
9 clubhouse . I doubt that the
H12-5
10 clubhouse is going to have that
11 much. Maybe the clubhouse will
12 have a kitchen facility, I don ' t
13 know, but when all of that gets
14 put together, you are going to
15 have a number there that in all
16 likelihood that that density will
17 probably exceed the minimum
18 threshold for some kind of
19 treatment .
20 So, let ' s start with the
21 goal of protecting our water and
22 work our way back and within the
23 realm of what you can do with the
24 stipulation, I still think, as
25 much as I was depressed when I
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2 started, I think there is room to
3 move . And I think you can, and I
4 think if you do, we ' ll get the
5 best out of this for the community
6 that is possible, knowing all the
7 limitations that I think we ' re
8 stuck with.
9 Thank you very much.
10 (Applause . )
11 MR. WILCENSKI : Thank you .
12 MS . WIPF: Hi . My name is
13 Marion Wipf . I live in Cutchogue H13
14 on Wickham Creek, and I 'm very
15 concerned about the possibility of
H13-1
16 that beautiful body of water being
17 polluted.
18 I ' d like to commend all of
19 the facts and science that was
20 presented to you tonight, and I
21 hope you really take that into
22 consideration when you start to
23 get down to the nitty-gritty of
24 this project . So, I 'm going to
25 keep this short and sweet . I
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2 think there are too many units, H13-2
3 causing density problems; there
4 are going to be too many cars that H13-3
5 will cause traffic problems;
6 there ' s a tremendous possibility
7 of polluting our groundwater;
8 clean water has become a major
9 issue all around the world and H13-4
10 especially on Long Island. We
11 have clean groundwater now. We
12 have to keep it that way.
13 To the Board and the
14 Planning Board, we ' re relying on
15 you to protect us from a situation
16 that could damage our town
17 irreparably. Please don ' t
18 negotiate with this business
H13-5
19 project and turn a blind eye to
20 what is really needed here . Your
21 absolute commitment to us, your
22 supporters, that you will do your
23 jobs and do the best for the
24 existing community.
25 Thank you .
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2 MR. WILCENSKI : Thank you .
3 Just while we are waiting
4 here, how many more people would
5 like to speak? Just show your
6 hands .
7 (Audience members raise
8 hands . )
9 MR. WILCENSKI : Okay, we ' re
10 going to take a five-minute break
11 right now and reconvene at 6 : 30 .
12 At 6 : 30, we ' ll start again . We ' ll
13 just take five minutes . Thank
14 you .
15 (Recess was taken . )
16 MR. WILCENSKI : Okay,
17 everyone, we ' re going to start
18 again . If everyone would settle
19 down . We ' re going to continue on,
20 so, Jess, are you ready?
21 MS . MICHAELIS : Yes .
22 MR. WILCENSKI : Okay, yes,
23 ma ' am, you can start .
24 MS . CATO: My name is
25 Patricia Cato, and I 'm a Cutchogue H14
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2 resident . Please take this letter
3 into consideration, because I
4 spent a lot of time on it and I
5 had to take time off of work so I
6 could be here, and I work locally
7 in Riverhead.
8 The Heritage is not good
9 for Cutchogue . The development H14-1
10 will be a bad economic impact for
11 the area . It will affect the
12 water, air, space and environment .
13 No consideration was taken for the
14 people who have lived, who have
15 been here all their lives,
16 including the children who go to
17 Our Lady of Mercy Grammar School .
18 I have summered in Southold
19 since I was ten years old. My
20 father first came out here after
21 World War II . When we were summer
22 residents here, we learned how to
23 go fishing and swimming at the
24 breakwater . The swimming lessons
25 were given by Mr . Bill, and the
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2 sailing lessons were given by
3 Mr . Brooks .
4 I eventually met my husband
5 out here . When we got married, we
6 both wanted to raise our children
7 out here . All of our children
8 were born out here and went to the
9 Mattituck-Cutchogue Elementary and
10 High School . My children
11 participated in the library, in
12 the church, soccer, sailing,
13 Little League, CYO basketball, Cub
14 Scouts and Boy Scouts .
15 I was involved with
16 Mattituck Homemakers when I got
17 married, as was my grandmother and
18 my mother . As parents, we were
19 active at church, school, exchange
20 programs, Cub Scouts, Boy Scouts .
21 So in telling you this, I was and
22 have watched what has happened to
23 this community. The only thing
24 that has changed now is that I am
25 a widower [sic] , and I would like
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2 to leave my home to my children .
3 When the idea of this
4 development was brought up in the
5 early 180s, my husband and I went
6 to the meeting at the Cutchogue
7 Presbyterian Church . At that
8 time, Mr . Frank Murphy was the
9 Town Supervisor . My question then
10 and now has not changed: If my
11 water is poisoned by this H14-2
12 development, are you going to take
13 care of my well water and pay for
14 me getting Suffolk County water?
15 I ask this question because
16 my husband and I built this house
17 long before the development was
18 ever even thought about . I could
19 understand about this development
20 if it was here before my husband
21 and I built our home, but it is
22 not here yet .
23 I would not have known
24 about this public hearing meeting
25 if I did not -- didn ' t read about
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2 it in the local paper, the Suffolk
3 Times . Why must the meetings take
H14-3
4 place at 4 : 30 p .m. when the
5 working person who pays the taxes
6 on their homes, or who rent, are
7 at work? These views in general
8 are also for the hard-working
9 people, families and children of
10 this community who could not be
11 here today.
12 MR. WILCENSKI : Thank you
13 very much.
14 (Applause . )
15 MR. BERGIN: I 'm Dave H15
16 Bergin from Cutchogue, and I ' ll
17 keep my comments fairly short,
18 because I think there ' s been some
19 excellent remarks that have been
20 given to this Board tonight, and
21 in particular, I really liked what
22 Bob DeLuca just talked about,
23 because there is this perception
24 that this is a done deal in the
25 community, and I don ' t think it is
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2 a done deal, because I respect
3 this Board for the work that they
4 do and for the job that you have .
5 But as somebody who has
6 been a trustee for 10 years in
7 Southold Town, I also want to put
8 an exclamation point on the issue
9 of the wastewater treatment . Now,
10 we 've heard people today who keep
11 referring to Wickham Creek, but I
12 also want to let everybody know
13 that actually, West Creek, if it
14 wasn ' t for a dike, a manmade dike
15 that was built at Cedars Golf
16 Course, West Creek would flow up
17 almost behind the library.
18 So in actuality, if you
19 look at the topography of the land
20 there plus the installation of
21 that dike, not only is Wickham
22 Creek potentially affected by the
H15-1
23 groundwater flow of any
24 wastewater, but I think even more
25 likely, as a trustee for 10 years,
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2 I think West Creek, that ' s already H15-1
3 a fragile creek, would be highly Cont'd.
4 impacted by this .
5 Now, I know the DEIS still
6 includes the options for advanced
7 treatment for wastewater, and
H15-2
8 we 've heard the applicant tonight,
9 the lawyer for the applicant
10 tonight, talk about that they are
11 considering this . And I 'm not
12 sure -- and it ' s up to legal
13 counsel to advise you
14 appropriately -- if the
15 Stipulation of Agreement prohibits
H15-3
16 this Board from changing or
17 including a requirement for an
18 advanced treatment plan . Maybe it
19 does . But I know that also the
20 County can change that, and this
21 Board, as a voice for this town,
22 could be a voice to the County to
23 Mr . Bellone, who just campaigned
24 on the number one issue being
25 nitrogen loading in our bays .
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2 That was his number one issue this
3 year in his campaign . So I think
4 this Board can work with the Town .
5 If the stipulation
6 prohibits this Board, as I 've been
7 told it does -- and again, legal
8 counsel can provide appropriate
9 advice on that -- but I think this
H15-3
10 Board can be vocal to the Town Cont'd.
11 Board and they work through the
12 County to make sure the county
13 addresses and requires an advanced
14 wastewater treatment system.
15 One person who spoke here
16 tonight, Glynis Berry, she is an
17 expert in this area . She ' s
18 developed these systems, she ' s
19 marketed these systems, and I H15-2
Cont d.
20 would encourage the applicant to
21 reach out to her and talk to her
22 about the opportunities to use
23 these systems .
24 So that ' s what I wanted to
25 address tonight . I think the
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2 nitrogen loading that has
3 occurred -- or that will occur H15-4
4 because of this development, if
5 it ' s approved as presented, is
6 real . Since these plans have been
7 submitted several years ago, and I
8 know this goes back to the ' 80s,
9 but over the last few years we all
10 know there ' s been lots of research
11 done -- Dr . Tettlebach talked
12 about that also -- lots of
13 research done, and findings,
14 scientific conclusions have been
15 made that weren ' t made when these
16 plans were brought forward years H15-3
Cont'd.
17 ago, and probably weren ' t made
18 even when the Stipulation of
19 Agreement was signed off on, but
20 we know is here in reality now,
21 and I think we have to use that
22 science to influence the
23 decisionmaking that ' s made
24 regarding this project .
25 Thank you .
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2 MR. WILCENSKI : Thank you .
H16
3 MS . MCADAM: Barbara
4 McAdam, Crown Land Lane in
5 Cutchogue .
6 It ' s been nine years since
7 I first spoke at a public hearing
8 on this project, and nothing ' s
9 changed. The Heritage still
10 threatens our groundwater, the H16-1
11 safety of our roadways and our
12 overall quality of life .
13 In July of 2007 I received
14 a letter from Robert J. Farmer, a
15 Public Health Engineer with the
16 Suffolk County Health Department .
17 He stated then that the sewage
18 from the Heritage project would
19 move into Wickham Creek and
H16-2
20 Cutchogue Harbor . Wickham Creek
21 was finally reopened to
22 shellfishing last year . Why would
23 we knowingly allow this to be the
24 final destination for sewage?
25 Knowing the economy of the North
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2 Fork and the time and money spent
3 over the last decade to revitalize
4 the shellfishing industry here,
5 why would we undo all the good
6 that has been accomplished by not
7 imposing strict sanitary standards
8 and advanced treatment on this
9 project? H16-3
10 This must be a strict
11 condition imposed on the developer
12 regardless of the Stipulation
13 Agreement signed by the Town .
14 Many Cutchogue residents still
15 rely on their private wells, and
16 the quality and quantity of
17 potable drinking water is still of H16-4
18 concern . How can untreated sewage
19 be allowed to negatively impact
20 people, the environment and our
21 economy?
22 You are all well aware of
23 the fatal traffic accident that
24 occurred on Depot Lane and Route H16-5
25 48 five months ago, where four
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2 young women were killed; yet, you
3 want to give a green light -- no
4 pun intended -- to a condo
H16-5
5 development that will bring over Cont'd.
6 300 additional cars to the area
7 less than one-half mile south of
8 that accident .
9 The traffic seen on Main
10 Road in Cutchogue is also a H16-6
11 nightmare . Our wineries, of which
12 Cutchogue has the greatest number
13 of any Hamlet on the North Fork
14 and agritainment industry have, in
15 the last nine years, brought an
16 explosion of cars, stretch limos,
17 party buses, additional runs of
18 the Hampton Jitney, North Fork H16-7
19 Express, Suffolk County bus
20 service, bicyclists by the score
21 where no bicycle lanes exist to a
22 roadway that was not designed to
23 handle this kind of traffic .
24 Cutchogue ' s Hamlet is a
25 tiny area where our post office,
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2 several churches, thank God, an
3 elementary school with buses and
4 students crossing Main Road for
5 their gym class, Cutchogue Fire
6 and Rescue Department,
7 restaurants, library, historical H16-8
8 society, village green, several
9 businesses, dentists and
10 pharmacies, 7-Eleven, a gas
11 station and private residences
12 exist on or very close to Main
13 Road. Previous traffic studies
14 have labeled Depot Lane and
15 Griffing Street failing and
16 dangerous intersections at Main
H16-9
17 Road, yet you are asking the
18 public to sanction the addition of
19 10 percent of Cutchogue ' s
20 population to this immediate area .
21 Ironically, today' s agenda —
22 includes Mr . Baxter ' s subdivision
H16-10
23 on Griffing Street, four more lots
24 slated for development right in
25 the middle of all this action .
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2 Southold Town and Suffolk
3 County have an abysmal record in
4 Cutchogue for traffic safety and
5 are facing numerous lawsuits as a
6 result of the aforementioned
7 tragedy. If New York State has
8 etched Main Road in stone, who
9 will make the study and creation
10 of new traffic routes, patterns
11 and roads that will ensure the
12 safety of Cutchogue residents and
13 visitors a condition for the
14 developer before allowing this H16-11
15 project to move forward? How will
16 fire and rescue crews get to
17 residents all over Cutchogue
18 through a currently dangerous and
19 crowded Hamlet center?
20 A traffic study conducted
21 by the developer on Columbus Day
22 weekend, "to be conservative, " is H16-12
23 highly suspect when the addition
24 of 300-plus cars will be present
25 during spring and summer months,
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2 the high season for the H16-12
3 anticipated residents of the Cont'd.
4 Heritage to be here in full force .
5 The Heritage ' s developer is
6 not concerned about two emergency
7 access points at Spur Road and
H16-13
8 Bridle Lane to one day be
9 permanently opened to dump condo
10 traffic into a residential area of
11 over 60 homes on Highland Road and
12 Crown Land Lane to endanger
13 children and older residents who
14 had a safe environment there for
15 over 40 years . We ' re not fooled
16 by the emergency access or crash
H16-14
17 gates label . Who will enforce
18 this limited use, anyway?
19 The developer is
20 essentially asking residents of
21 Highland, Crown Land Lane and
22 Schoolhouse Road to acquiesce to a
H16-13
23 condemnation of sorts, because our Cont'd.
24 neighborhoods will be destroyed
25 when these points are permanently
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2 opened to all kinds of vehicular
3 traffic . Where are the conditions H16-11
Cont'd.
4 that take into account the safety
5 of Cutchogue residents who already
6 live in the area?
7 Life in Cutchogue has some
8 challenges, but without addressing
9 these concerns, the Heritage will
10 make it impossible .
11 Thank you .
12 MR. WILCENSKI : Thank you .
13 (Applause . )
14 MR. WILCENSKI : Anybody
15 else?
16 MR. CATO: Yes .
17 MR. WILCENSKI : You can
18 step to the other podium.
19 MR. CATO: Hello, and good
H17
20 evening. My name is John Cato .
21 I 'm a Cutchogue resident . I just
22 wanted to say a few things .
23 I just wanted to get my
24 opposition for this project on the
25 record and also represent a couple
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2 other neighbors that couldn ' t be
3 here tonight because of other
4 scheduling or they had to work.
5 Specifically, last time I was
6 here, a good friend of mine,
7 Giovanni Gorgaisi (phonetic
8 spelling) was here, also the Klaus
9 family, all the neighbors of the
10 area of impact, and all are -- we
11 all work in one way or another in
12 the agricultural, viticultural or
13 aquacultural realms out here, and
14 again, this is just a small sample
15 of people in this town who don ' t
16 want this to happen and how
17 terribly unpopular this is, and
18 just really hear your
19 constituency. I know you are the
20 Planning Board and not the Town
21 Council Board, but again, just
22 something to consider .
23 Recently, I was just down
24 in Charleston, Charleston, South
25 Carolina . I was working on a boat
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2 down there . If you 've been down,
3 it ' s great .
4 They refer to it as the
5 Holy City, and they do this
6 because the city itself has
7 prohibited any buildings being
8 raised higher than the 11th-story
9 mark. They do this because all
10 the churches and their old
11 steeples in town, they don ' t want
12 any buildings to go higher than
13 their steeples . And when I heard
14 this, I thought of this project
15 currently going, and I found that
16 interesting, their ability to kind
H17-1
17 of stop development in certain
18 areas in an effort to harbor the
19 aesthetic of the city, and in
20 turn, that aesthetic has brought
21 tourism and a certain character of
22 the Town, and something that has
23 actually done the city very well .
24 And I want that just to
25 kind of keep that in
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2 consideration, you know, your
3 positioning and what power you
4 guys still can wield in this
5 situation, and again, taking your
6 constituents into consideration on
7 this .
8 Furthermore, I had a great
9 time in Charleston, and when I was
10 down there, I stopped in this
11 place, Dukes Barbecue -- I really
12 recommend it for sure -- and when
13 I was in Dukes Barbecue -- I ' ll
14 get to the point, I 'm sorry.
15 When I was in Dukes
16 Barbecue, I was wearing a Billy' s
17 By the Bay sweatshirt, and it said
18 "Greenport, New York" on it, and
19 this guy pointed over at me, and
20 he was like, "Hey, you over
21 there, " and I was like, "Me?" He
22 says, "Yeah, Billy' s, that ' s in
23 Greenport . " And there was this
24 older couple, a man by the name of
25 Bill Walsh and Lydia, and they
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2 said they lived on the North Fork
3 in the ' 60s and ' 70s . They lived
4 on Bay Avenue .
5 And when I saw them, they
6 were just kind of talking. I was
7 talking about my trip, we were
8 talking about the North Fork, and
9 Lydia asked me, "How' s that A&P
10 doing? That ' s the last A&P I ever
11 saw, " and, I was like, "Oh, well,
12 it became a Waldbaum' s and then it
13 went out of business, and it was
14 actually really like a pretty
15 messy situation how long-time
16 employees went down . "
17 Then they asked me, "How' s
18 that bowling alley doing?" And I
19 was like, "Oh, well, it ' s a CVS
20 now. "
21 And then they were like,
22 "Oh, well, how about our old
23 neighbor, Mattituck Hotel?" I was
24 like "Oh, well, you know,
25 Riverhead has gone through a lot
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2 of expansion and big corporate
3 chain hotels moved in, so they are
4 not really doing too good. " And I
5 think they were just scared to ask
6 me how any other places were
7 doing, but that just brought me to
8 a larger point, that the aesthetic
9 of this Town and how its
10 transforming is the writing on the
11 wall, and I think that ' s --
12 there ' s a lot of fear and a lot of
13 fear in the people that you hear
14 tonight because of this, what
15 seems, impending doom of what ' s
16 going on in this town, and it ' s
17 something that needs to be
18 adjusted, and something I want to
19 kind of make light of .
20 Lastly -- and I ' ll stop
21 talking about Charleston -- but I
22 definitely compared some of the
23 parallels of an area like that and
24 a lot of pressure in terms of
25 development and balancing that
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2 aesthetic . And specifically,
3 here, to bring it closer to home,
4 just really the agricultural
5 history that is very -- just a
6 central part of this town, and
7 what we are willing to settle for,
8 what we -- what is the price on
9 this? What do we find fair in
10 this? And it ' s really -- and all
11 this is just going to be setting H17-2
12 some precedents moving forward, so
13 it ' s really something to just take
14 into consideration . Do we want a
15 Riverhead expansion or Southold
16 growth? Do we want responsible
17 growth? Do we want to implement
18 more sustainable aspects into
19 development moving forward?
20 And, again, I mean, I don ' t
21 even think I need to even mention
22 any of the environmental concerns,
23 because there has been so much
24 great information coming to light
25 about that . And just also that I
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2 farm oysters . I love to go on
3 hikes around here, go bike riding,
4 and something to grow up with. I
5 lived in Rhode Island for a number
6 of years . I worked for a senator
7 up there . I kind of moved around
8 the country, and something that I
9 took for granted growing up out
10 here and something I do see now,
11 and that it ' s something that is
12 special and that ' s what a lot of
13 people really want to harbor and
14 keep intact .
15 And that is all I have to
16 say about that . Thank you very
17 much. I know you guys were really
18 looking forward to this meeting.
19 I 'm sure it was on your calendar .
20 MR. WILCENSKI : Thank you
21 for your comments .
22 Anybody else?
23 MS . TETTLEBACH: Hi . My
H18
24 name is Lisa Tettlebach. I am a
25 resident of Cutchogue . I live on
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2 Crown Lane Land. I 've lived there
3 for 16 years, and just about all
4 of it has been encompassed with
5 having to deal with the prospect
6 of the Heritage project .
7 I 'm actually very proud to
8 be a resident of Southold Town and
9 Cutchogue and I 'm here to discuss
10 a few things in the DEIS, and my
11 objection to the extent and
12 complexity of this project . One
13 of the things that didn ' t get
14 brought up was the site
15 landscaping and lighting, and the
16 lighting proposed for the
17 development would include street
18 lights along roads and parking
19 areas, over front porches in the
20 front and back of each house, the H18-1
21 clubhouse, the pool and tennis
22 courts, and the DEIS states that
23 "There will be no spillover light
24 onto neighboring properties . "
25 Well, this is practically
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2 impossible to state . There are no
3 street lights existing on Highland
4 Road, Crown Land Lane, except for
5 Main Street . That ' s about it .
6 Right now we can look up
H18-1
7 and see virtually all the stars in Cont'd.
8 the sky, and the project, the
9 Heritage, is going to definitely
10 impact that .
11 I greatly value the absence
12 of light pollution . It is one of
13 the reasons I bought the house in
14 the neighborhood that I 'm in . I
15 highly value being able to look up
16 and see in the night exactly that .
17 The proposed Heritage development
18 with its extensive system of
19 street lights and other lighting
20 fixtures will undoubtedly produce
21 a high level of light pollution in H18-1
Cont'd.
22 the Cutchogue area .
23 The impact of the proposed
24 Heritage development on the
25 ambient light level in the
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2 surrounding neighborhoods of
3 Cutchogue needs to be modeled and
4 assessed in detail . Further H18-1
Cont'd.
5 mitigation of light pollution
6 resulting from the proposed
7 development should be required by
8 the Town, and I stress that the
9 Board consider that .
10 The traffic, which was
11 discussed in few of the
12 discussions, from the 2014 traffic
13 study in Appendix G, was done on
14 one weekday and one weekend in
15 October . The DEIS states that
16 "This time of year was done to H18-2
17 represent a period of maximal
18 traffic conditions, " but how much
19 could really be learned by looking
20 at something once, or two days in
21 one month? October is a very busy
22 season, but the summer is also
23 extensively traveled here from all
24 parts of the Island, between the
25 wineries and the concerts and just
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2 the beauty of the North Fork and
3 being at our beaches .
4 The DEIS states that an
5 impact was shown at three
6 intersections; Main Road and North
7 Street, County Road 48 and Depot
8 Lane, Main Road and Depot Lane .
9 But the DEIS states on Page double
10 X, triple I of the executive
11 summary, "In addition, the delay
12 change for these intersections
13 with a decrease in level of
14 service would not be noticeable to
15 drivers . " And that I highly H18-3
16 disagree with. "Any increases in
17 delay at the study intersections
18 are deemed insignificant . " Again,
19 I totally disagree with that . And
20 "A decrease in level of service
21 means that the time it takes to
22 navigate an intersection takes
23 longer due to more traffic, so no
24 driver will notice this . " I don ' t
25 believe that, either .
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2 I suggest that the Town
3 require the developer to assess
4 the impact of increased traffic
5 volume from the proposed
6 development in percentages . Also,
7 the percent change in wait times
8 to make turns, particularly left
9 turns, should also be evaluated.
H18-4
10 Furthermore, traffic flows
11 to and from Highland Road and
12 Crown Land Lane should be
13 evaluated in the same manner,
14 percent change in traffic flow and
15 wait time for turning.
16 And will the increased
17 traffic volume necessitate new
18 traffic lights being installed in
19 Cutchogue Village, and if so, will H18-5
20 the taxpayers or the developer be
21 responsible for the cost of the
22 new traffic lights?
23 In relation to traffic and
H18-6
24 the egress at Spur Lane and --
25 Spur and --
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2 MR. WILCENSKI : Bridle . H18-6
Cont'd.
3 MS . TETTLEBACH: -- Bridle,
4 I 'm sorry. Right now they are
5 designated as emergency egress,
6 and as Barbara McAdams mentioned,
7 that ' s just what ' s being said now.
8 I can see at some point when they
9 determine that the 300 cars that
10 are in the Heritage project and H18-5
Cont'd.
11 the one in and one out on
12 Schoolhouse is not going to be
13 enough, and those egresses are
14 going to be opened.
15 I 'm also concerned as a
16 resident of Crown Land Lane that
H18-7
17 those roads are going to be used
18 for construction, and I totally
19 ask the Board to consider that
20 those streets not be used in and
21 out for huge equipment that ' s
22 going to be used in the
23 development of this project . They
24 just cannot be traveling in and
25 out through these residential
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2 neighborhoods with kids .
3 And the other thing,
4 lastly, I ' d like to mention is the
5 groundwater in relation to
6 pharmaceuticals . And as cited in
7 the DEIS, the goals of the
8 proposed development that are
9 relevant to the Suffolk County
10 Comprehensive Water Resources
11 Management Plan are that all
12 County residents should have
13 access to safe, potable water,
14 that this is in compliance with
15 drinking water and health
16 advisories in the New York State
17 guidance levels . The DEIS states
18 that residents in the proposed
19 condominium complex have access to
20 safe drinking water because it
21 will be pumped by Suffolk County
22 Water Authority.
23 What ' s not addressed is the
24 potential impact for drinking
H18-8
25 water for existing residents that
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2 live adjacent to the subject
3 property, and at least nine of
4 whom have been identified as using
H18-8
5 well water . Well, there ' s far Cont'd.
6 more than nine using well water in
7 that development, at least on the
8 Crown Land/Highland side and
9 probably on the Schoolhouse side .
10 The Town of Southold should
11 require that an assessment be made
12 of the quantities and levels of
13 toxins, including nitrates,
14 pesticides, herbicides and
15 pharmaceuticals and are most H18-9
16 likely to be expected to enter the
17 groundwater from the condominium
18 complex via residences and
19 property maintenance . This is the
20 only fair way to evaluate whether
21 the health and well-being of local
22 residents will be put at due risk
23 through the construction and
24 occupation of the proposed
25 development .
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2 And I was in Town Hall
3 today getting something notarized,
4 and I happened to see this flier
5 that says "Don ' t flush
6 medications . " Well, that ' s fine,
7 not flushing, but without the
8 extensive wastewater treatment
9 system that could be put in place,
10 you don ' t have to flush your
11 pharmaceuticals down the drain to
12 put pharmaceuticals into the
13 groundwater . And with at least
14 300 residents that are going to be
15 living in these condominiums,
16 these pharmaceuticals are clearly H18-9
Cont'd.
17 going to go into our groundwater,
18 and those folks that are using
19 wells are going to potentially be
20 affected by that .
21 So, I ask the Board to
22 consider those items, to consider
23 everything that everybody said
H18-10
24 here tonight before assuming that
25 the stipulation has put you into a
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2 situation that you can ' t do H18-10
Cont'd.
3 anything about it . Thank you .
4 MR. WILCENSKI : Thank you .
5 MS . TETTELBACH: I have a
6 Letter that Maryanne Wipf had
7 written (handing) .
8 MR. WILCENSKI : Thank you .
9 Would anybody else like to
10 address the Board?
11 MR. JORDAN: Hi . I 'm
H19
12 Richard Jordan . I 'm with the East
13 Neck Property Owners Association .
14 We ' re going to submit an
15 additional written supplement,
16 but . . .
17 I can ' t speak as
18 articulately as all these experts
19 have about the sciences involved,
20 but we are adamantly opposed to
21 the damage that the groundwater
22 and surface water will bear unless H19-1
23 this project has the most advanced
24 septic system.
25 I looked at the DEIS, and I
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2 see the -- well, now I see it ' s
3 124 . I see that as a ceiling, and
4 as I recollect, the developer
5 stated that he couldn ' t reduce the
H19-2
6 number of units because it would
7 be, quote, "unfeasible . " I don ' t
8 know what that means, but I
9 suggest that if he ' s unprepared to
10 really adapt as opposed to
11 consider -- if he ' s unprepared to
12 really adapt to commit to advanced
13 wastewater treatment system such
14 as Nitrex that has been proposed
15 at the Southampton development,
16 that you may grant him some H19-2
Cont'd.
17 conditional site plan that would
18 perhaps reduce the number of units
19 to like 72; or, he could introduce
20 the more advanced septic system on
21 condition that it be approved by
22 Suffolk County.
23 But we ' re also very
24 concerned about the traffic . I H19-3
25 live on Pequash down by the water,
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2 and in the summer they are parked
H19-3
3 all over the place, which is Cont'd.
4 great . I have four kids . We have
5 the house since ' 85 . I love to
6 see young families come out and
7 enjoy everything. I would hate
8 that we have another 300 cars
9 backed up . I think that the dates
10 that were used for the traffic
11 study failed to recognize that in
12 the summer it is significantly
13 higher, particularly on weekends,
14 and the date that they picked for H19-4
15 the Sunday was the date that
16 Riverhead had their annual county
17 fair, which, you know, draws a lot
18 of people there, and I would
19 suggest that that diluted what
20 might have been a typical October
21 Sunday, although it was Columbus
22 weekend.
23 And I just -- I respect the
24 obligation that you are all
25 sitting here as volunteers
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2 accepting the grief from all of us
3 and trying to do the best for our
4 community. Thank you .
5 MR. WILCENSKI : Thank you .
6 Would anyone else like to
7 address the Board?
8 MR. SCHWARTZ : Very
9 briefly --
10 MR. WILCENSKI : Excuse me .
11 Would anybody else like to address
12 the Board?
13 (No response . )
14 MR. WILCENSKI : No one
15 else?
16 Okay, you ' re up .
17 MR. SCHWARTZ : You always H1
18 got to make me wait, you know?
19 But that ' s all right .
20 I don ' t understand why I 'm
21 looking at the minutes of the
22 meeting when the Stipulation of
H1-1
23 Settlement, so-called Stipulation Cont'd.
24 of Settlement, was agreed to, and
25 all it says is "I make a motion .
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2 Second. Agreed. " There ' s no
3 discussion . So I 'm looking to try
4 and figure out what this
5 stipulation means, and I don ' t
6 expect to get an answer that will
7 help me understand the whole thing
8 tonight, but when I read in
9 Paragraph 31 of the stipulation
10 "That the Town and its various
11 boards, agencies and officials
H1-1
12 shall not oppose the contemplated Cont'd.
13 development and site plan
14 application, " blah, blah, blah,
15 "before the Suffolk County, " blah,
16 blah, blah -- "before the Suffolk
17 County Health Department, " talking
18 about sewage disposal, and then H1-1
Cont d.
19 the Suffolk County Water
20 Authority, the water supply -- it
21 seems like if you ' re not going to
22 oppose -- but then it says that
23 you shall not oppose the proposal
24 of the developer as long as the
25 application is consistent with the
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2 Planning Board' s SEQRA findings
H1-1
3 and the Planning Board' s final Cont'd.
4 site plan approval .
5 Now, never mind that this
6 already also says that the site H1-1
Cont'd.
7 plan approval will be exempt from
8 any judicial review. I mean,
9 whoever came up with that, I ' d
10 like to hire that lawyer, you
11 know, that the Town thinks that it
12 can act in ways that are exempt
13 from judicial review, that one
14 little lower court judge could
15 agree to something that no other
16 judge could every review what was
17 agreed to? It ' s very hard to tell
18 what ' s agreed to .
19 And with all due respect, I
20 would like to see someone from the
21 Town -- the Town Board won ' t talk
H1-1
22 about it, the Planning Board I Cont'd.
23 haven ' t heard anything -- I ' d like
24 to see somebody explain what this
25 stipulation means, what it is
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2 that ' s binding on the Town at the
3 point and what ' s not . And I would
4 like you to think about what you
5 have heard so far .
6 This is not -- you didn ' t
7 make any SEQRA findings yet, but
8 if information is presented to you
9 during the SEQRA process, as it
10 has been tonight, which indicates
11 that there are flaws in the plans,
12 in the site plan application, are H1-1
Cont'd.
13 you -- do you feel that you are
14 able to deny this application or
15 to object to the proposal to use
16 cesspools without any treatment?
17 Or do you feel that you are bound
18 by this stipulation to go along
19 with whatever the site plan
20 proposes?
21 MR. WILCENSKI : We ' re still
22 going through the SEQRA process .
23 MR. SCHWARTZ : Well, that ' s
24 not really an answer to my
25 question, so we ' ll see how it
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2 goes, but I ' d like to see
3 something that is a little bit --
4 makes more sense than this
5 stipulation . I 've read that long
6 enough. Thank you .
7 MR. WILCENSKI : Okay, thank
8 you .
9 With that said, I would
10 like to ask the Board for a motion
11 to keep this public hearing open
12 until February 8th, and also for
13 written comments, because of the
14 importance of this also, and the
15 other thing that I would like
16 to -- I ' ll look into, I 'm not
17 going to guarantee it, but I ' ll
18 look into seeing if we can have
19 the next public hearing moved to
20 6 p .m. so we can enable some of
21 the people that couldn ' t get here
22 at the earlier time to come and
23 speak.
24 So I would ask for a motion
25 to keep the public hearing open
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2 until February 8th.
3 MR. SIDOR: I make a
4 motion .
5 MR. RICH: Second.
6 MR. WILCENSKI : Motion made
7 by Martin; second by Jim.
8 Any discussion?
9 (No response . )
10 MR. WILCENSKI : All in
11 favor?
12 (Whereupon, all respond in
13 the affirmative . )
14 MR. WILCENSKI : Motion
15 carries .
16 (Time noted: 7 : 07 p .m. )
17
18
19
20
21
22
23
24
25
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1
2 CERTIFICATION
3
4 I, LORI ANNE CURTIS, a Notary Public
5 in and for the State of New York, do hereby
6 certify:
7 THAT the foregoing is a true and
8 accurate transcript of my stenographic notes .
9 IN WITNESS WHEREOF, I have hereunto
10 set my hand this 19th day of January, 2016 .
11
12
13
LORI ANNE CURTIS
14
15
16
17
18
19
20
21
22
23
24
25
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A acquisitions addressing
A' 40:21 86:20 137:8
90:21,21 acre adequate
A&P 29:18 30:10 74:9 75:13,14 93:12 94:6
141:9,10 100:10 adequately
ability acreage 39:8
29:22 84:20 101:3 139:16 63:13 adhering
able acres 12:9
41:25 43:4 47:8 55:18 146:15 6:20 19:22 29:19 30:4,9 adjacent
160:14 39:18 49:8 63:14 75:22 57:10 152:2
absence act adjusted
146:11 19:5 25:24 26:11 37:5 45:14 142:18
absolute 52:7 54:22 159:12 Adler
121:21 action 2:3 5:14
absolutely 134:25 admits
51:23 60:16 68:10 actions 23:16,23 38:13
abundant 19:18 adopting
29:3 active 63:6
abysmal 124:19 advanced
135:3 activities 51:24 65:19 66:10 68:11
accept 53:16 69:21 70:10 128:6,18
26:23 103:11 actuality 129:13 132:8 154:23 155:12
acceptable 127:18 155:20
35:6 adamantly advantage
accepting 154:20 73:15 80:4
21:8 157:2 adapt adverse
access 155:10,12 23:14
80:9 136:7,16 151:13,19 add advice
accident 14:3 129:9
132:23 133:8 added advise
accommodate 31:19,25 32:11 128:13
47:8 addition Advisor
accomplished 3:17 10:18 22:5 23:18,19 2:12
132:6 24:9 48:24 134:18 135:23 advisories
account 148:11 151:16
137:4 additional aesthetic
accurate 47:16 84:24,25 133:6,17 139:19,20 142:8 143:2
118:16,17 163:8 154:15 affair
achievable Additionally 99:7
68:13 71:21 72:18 84:8 affect
achieve address 19:22 37:21 123:11
67:15 70:7 5:9 17:18,19,20 29:11 52:3 affirmative
acknowledged 62:3,5 129:25 154:10 157:7 162:13
67:14 157:11 affordability
acknowledging addressed 28:20 80:8
60:24 42:22105:11151:23 affordable
acquiesce addresses 24:22 25:3 28:16 73:19 81:3
136:22 62:7 129:13 aforementioned
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135:6 allocated 156:16
afternoon 94:15 answer
5:11 allow 158:6 160:24
age 7:25 28:17 78:24 79:2,10 answered
9:15 46:7,10,19 66:4 72:15 81:3,9 131:23 20:3
80:17 83:20 allowable answers
agencies 13:9 67:5 110:5 17:9 19:14
158:11 allowed anticipated
agency 11:10 12:4 15:4 47:14 63:16 27:8 36:16 40:24 136:3
26:18 54:21 68:5 71:25 74:15 88:12 132:19 antiquated
agenda allowing 30:15 87:8
134:21 73:13 74:4 135:14 anybody
ago allows 86:3,15 107:17 137:14
10:14 19:12 21:10,22 22:4 8:23 25:19 77:10,11 83:25 144:22 154:9 157:11
23:1125:12 33:22 59:5 alternative anyway
69:14,21 76:6 88:3 99:8 13:15,22 28:11 62:3,8 64:25 20:7,13 136:18
114:13 130:7,17 132:25 92:12 apartments
agree alternatives 101:24
23:8 73:13 159:15 79:10 appear
agreed ambient 57:11 73:20
41:6 157:24 158:2 159:17,18 146:25 appearance
agreement ambiguity 20:15
116:12 128:15 130:19 132:13 110:20 appears
agricultural amended 61:18 95:7
16:19 39:12 138:12 143:4 9:18 appendices
agritainment amenities 47:4
133:14 10:21 Appendix
Ah American 34:15 38:19 47:4 147:13
98:20 26:9 Applause
ahead amount 27:1142:17 58:20 73:4 81:20
11:15 81:25 15:15 22:20 23:4 48:23 84:12 89:11 105:7 109:17 120:10
air amphibians 126:14 137:13
123:12 56:25 applicant
Al analogy 2:4 5:7,8,16 7:22 14:6 36:15
41:17 68:19 70:23 37:10,12 38:25 40:22 42:2
albeit analysis 128:8,9 129:20
60:24 114:11 119:2 applicant's
Alex ancient 17:3
96:19 33:7 application
algae and/or 6:12 7:7,14 9:19 19:8 20:23
35:15 46:17 21:19 25:2126:7 34:9 36:9
algal ANGELO 38:20 40:4 68:2 92:23
49:21 51:14 59:12 60:20 2:12 110:21 158:14,25 160:12,14
61:11 animals appointed
aligned 38:9,16 98:11
111:11 Anne appreciate
alley 1:24 46:23 163:4,13 20:20,22
141:18 annual appropriate
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57:20102:17129:8 articulated available
appropriately 61:5 6:25 17:3
128:14 articulately Avenue
approvable 154:18 113:10 141:4
13:24 aside aware
approval 9:10 39:19 41:8,10 66:6 8:8 132:22
14:4 20:19 159:4,7 asked
approvals 141:9,17 B
72:3 asking B
approve 43:5 71:17 97:9 134:17 3:11
26:6 67:24 68:4 71:7 110:13 136:20 B1
approved aspects 90:22 91:8,11
21:23 24:7 63:2 66:22 67:20 82:12 143:18 B-1
69:25 72:4 117:17 130:5 ass 90:24,25 91:4
155:21 104:16 B-2
approving assertions 90:16,25
25:23 26:20 23:12 back
approximately assess 7:9,18 14:25 22:16 31:7 64:8
4:10 30:9 59:5 62:21 63:14 149:3 80:5 111:18 115:20 119:22
84:14,18 93:20,23 assessed 130:8 145:20
aquacultural 147:4 backed
138:13 assessment 107:7 156:9
aquifers 19:15 20:3 54:19 152:11 background
30:23 associated 6:11
architectural 3:24 4:2,4 45:17 54:15 bad
91:5 association 101:17 123:10
area 68:7 154:13 balance
3:11,13,16 6:19 9:8 24:10 assuming 116:22
53:3 65:11 75:12,21 94:3,17 44:21 153:24 balancing
100:12110:19115:17 attached 142:25
123:11129:17133:6,25 3:712:19 Balin
134:20 136:10 137:6 138:10 attend 2:3 5:13
142:23 146:22 43:5 47:14 48:7 Barbara
areas attention 131:3 150:6
24:23 30:25 31:2 53:17,20 27:9 110:11 Barbecue
64:10 139:18 145:19 attorney 140:11,13,16
argument 5:13 86:25 based
65:11 101:9 116:16 Attorneys 9:15 19:14 21:8 34:13,23
arrangement 2:4 45:12 52:11 59:23 63:12
12:25 13:6 audience 90:7 91:17,20,21 95:6
arsenic- 5:17,2217:20122:7 basement
31:23 Audubon 93:17 94:2,5,8,13,25 95:21
art 43:4 96:3 110:19
87:2 authority basements
Article 21:6 22:24 26:10 27:5 69:6 91:16 92:16 93:3 95:22
59:2160:12,22 71:17151:22158:20 basic
articulate authorize 28:2 29:8
71:13 54:18 basically
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60:25 61:18 72:22 85:7 believes binding
114:7 118:4 39:7 160:2
basketball Bellone biologist
124:13 62:18 128:23 43:21 52:24 103:24
bat bemused biology
52:5,16,23 53:10 54:16 62:4 44:2,2
bat's beneficial birds
53:18 87:13 38:7
bats benefit bit
38:8 52:21,23 53:19 54:24 64:13 78:21 83:4 106:19 44:19 68:19 70:11 71:9 90:11
55:4 benefits 111:15 112:6,15 114:24
battles 45:19 53:19 79:19 161:3
28:4 Benji blah
Baxter's 18:17 158:14,14,14,15,16,16
134:22 Bergin blend
bay 126:15,16 24:5
50:11,23140:17141:4 Berry blind
Baykeeper 73:5,6 129:16 121:19
59:3 best blink
baymen 88:13 106:10,21 117:18,19 113:22,23
51:2 117:21120:5121:23157:3 blooms
bays better 35:15 49:21,21,23 51:14
36:4 48:15 49:17,18 128:25 25:1142:3 60:4 84:23 88:19 59:12 60:20 61:11
Beach 114:17,18 118:7 Board
89:2 106:2 107:25 beyond 1:3,16,16,17,17,18 4:23 5:9
beaches 28:13 37:16 72:4 79:24 5:11 8:8 10:2 17:2,19,20
148:3 bicycle 19:17,18,20 20:9,14,16,17
bear 133:21 20:18 21:3,3,4,10,20 26:2
154:22 bicyclists 26:22 27:13 29:9 37:4,19
beautiful 133:20 40:13,14 41:9 42:23 43:9
89:9 120:16 big 45:6 47:25 48:2 54:2,17
beauty 54:25 63:23 70:23 86:6 88:20 57:17 69:13 96:14 98:2,11
29:2 148:2 142:2 103:5 110:10,13 111:2
becoming bigger 114:25 115:4 116:4 121:13
33:17 95:22 86:11,17,21 121:14 126:20 127:3 128:16
bedrooms biggest 128:21 129:4,6,10,11
96:4 110:18 109:6 138:20,21 147:9 150:19
began bike 153:21 154:10 157:7,12
19:11 144:3 159:21,22 161:10
beginning bikes Board's
19:13 90:12 107:14 159:2,3
behavior Bill boards
105:4 27:23 48:10,25 49:7 60:17 158:11
believe 61:5123:25140:25 boat
7:5 8:7 11:24 16:20 45:10,14 Bill's 138:25
51:9 70:8 82:18,23 83:24 59:14 Bob
85:16 86:23,25 87:7,13,14 Billy's 111:3 126:22
109:14 148:25 140:16,22 body
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120:16 Brooklyn buying
bona 105:25 107:23
65:19 66:10 Brooks buys
born 124:3 39:10
124:8 brought buzz
borrowing 6:9 28:24 55:19 105:24 125:4 28:21
101:2 130:16 133:15 139:20 142:7
bothering 145:14 C
107:17 brown C
bought 49:24 50:14 2:2 3:13 47:5
105:14 146:13 Buffers C'
bound 15:7 90:21
160:17 build calculating
bowling 84:23 101:4 108:22 74:18
141:18 building calculation
Box 16:6 25:22 33:24 81:8 73:17 91:15
38:11 buildings calculations
boy 139:7,12 22:25 63:13 74:2 76:12 91:20
89:3 124:14,20 built 108:25
bracket 125:16,21 127:15 calendar
83:21 built-in 144:19
break 74:16 call
122:10 bulldozed 17:10 24:14 25:7 40:19,21
breakwater 40:8 99:16 102:14
123:24 bulldozing called
BRIAN 38:14 19:19 77:13 99:9
2:10 bunch calls
Bridle 101:11 31:22 32:25 56:15,18,21
136:8 150:2,3 Buoneto campaign
brief 87:21,22 129:3
5:24 burden campaigned
briefly 47:16 83:10 84:25 128:23
157:9 burying capable
Briermore 31:23 62:2
69:11 bus capacity
bring 133:19 47:6 119:7
6:6 21:15 61:3 65:10 133:5 buses care
143:3 133:17 134:3 125:13
bringing business Carmans
55:22 64:21 67:25 104:13 121:18 141:13 69:19 70:2
brings business.' Carolina
55:25 101:7 138:25
broad businesses carries
46:16 51:4 134:9 162:15
broader busy cars
40:16 147:21 121:4 133:6,16 135:24 150:9
Brookhaven buy 156:8
69:18 25:9 28:16 102:21 case
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34:10 40:10 41:6 60:6 93:14 134:2 139:10
69:10 chain cited
catching 142:3 49:13 66:16 151:6
61:2 chairman citizens
categories 1:16 10:17 21:11 106:6
93:4 challenges city
Cato 137:8 102:15 139:5,6,19,23
122:24,25 137:16,19,20 chance claim
Catskills 4:19 17:17 18:5 62:17
69:12 change claiming
cause 21:25 24:10,21 33:21 73:10 71:6
23:13 36:9 49:25 50:4 121:5 103:7,11 112:21 128:20 claims
caused 148:12 149:7,14 25:13 36:23 37:5
31:3 changed clarification
causes 34:3,4,20,20 124:24 125:10 12:8
50:5 60:21 86:18 131:9 clarify
causing changes 11:21 12:3
121:3 7:20 8:5 32:14 class
Cedars changing 134:5
127:15 75:15 102:4 128:16 classified
ceiling chaos 3:8 95:23 96:5
94:6 155:3 106:24 clause
ceilings character 46:15
8:17 115:9,11 24:1125:6 40:17 139:21 clean
center characteristic 23:7 29:6 30:24 32:16 66:2
3:19 4:3 77:22 135:19 56:14 89:4 121:8,11
central charade clear
51:7 143:6 112:7 61:12 96:24 97:4,9
centralize charged clear-cut
65:6 26:3 48:5 39:12
centuries Charleston cleared
116:19 138:24,24 140:9 142:21 38:6
certain check clearing
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certainly children clearly
51:21 52:24 62:2 83:22 99:22 46:7,19 47:9,12,23 48:6 19:14 46:19 86:10 153:16
101:9 105:20 106:18,20 108:8,18,19 Clerk
CERTIFICATION 123:16 124:6,7,10 125:2 2:11
163:2 126:9 136:13 close
certify choice 82:24 110:5,10 134:12
163:6 25:5 closely
Certilman chorus 22:10
2:3 5:13 56:15 closer
cesspool chosen 143:3
22:8 25:2 closure
cesspools church 61:19
22:5 160:16 124:12,19 125:7 closures
cetera churches 50:8
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10:20 22:6 119:9,10,11 53:13 66:19 complies
145:21 commit 6:8
cluster 155:12 comprehensive
64:22 65:4,9 97:7 commitment 29:15 40:18 75:9 76:10
clustered 121:21 151:10
13:6 14:2148:21 common comprised
clustered-type 26:13 90:20
12:25 communicate concentration
clustering 43:8 64:4,14
63:9 communities concentrations
clusters 106:12 61:8
88:22 community concept
code 3:19 4:2 16:13 24:14,15 27:2 101:15
7:20,21 8:5 9:9 15:23 34:4 29:10 37:19,2142:2 45:16 concern
58:14 75:2,6 79:25 93:25 45:21 73:2 75:4 80:24 30:21 77:25 88:17 110:19
94:8,11 81:10,19 82:14 83:9,12 132:18
collapse 84:13 85:12 99:11 106:7 concerned
50:13 107:21109:7115:21120:5 98:24120:15136:6150:15
colleague 121:24 124:23 126:10,25 155:24
89:19 157:4 concerns
color compare 42:21 109:25 118:17 137:9
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combined complained concluded
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come complaining conclusion
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106:19109:14118:4156:6 complete conclusions
161:22 18:23 27:20 50:13 130:14
comes completely concur
17:7 24:3 83:4 104:23 47:21 53:24 59:13 59:13
coming completion condemnation
71:5 75:19 106:16 108:11 8:24 136:23
143:24 complex condition
commend 47:13,24151:19152:18 41:25110:15132:11135:13
45:5 120:18 complexes 155:21
commensurate 113:11 conditional
85:3 complexity 155:17
comment 145:12 conditions
43:6 63:11 compliance 34:2 42:10 85:4 137:3 147:18
commentary 151:14 condo
61:25 compliant 10:15 113:11 133:4 136:9
comments 13:3 15:9 94:9 condominium
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commercial 61:21 94:21 151:19 152:17
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condominiums 140:6 Cook
24:20 46:21 95:17 153:15 constitutes 105:17
conducted 65:23 Cooperative
135:20 Constitution 50:20
configuration 26:10 cop
80:6 construct 88:25
conflict 94:5 copy
70:11 construction 18:23 44:10
conformance 36:17 40:24 53:12,15 87:5 Cornell
60:12 92:8,10 150:18 152:23 50:20
conforms Consultations corner
116:12 54:10 4:8,9 101:22 105:17
conscious Consulting corporate
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consent contact Corporation
112:19 41:16 96:7 69:12
Conservation contacted correct
39:6 57:24 46:23 98:4,6,14 103:13,17
conservative contaminants correctly
135:22 32:3 77:25 62:12
consider contaminated corridors
14:7 37:13 43:12 74:25 87:5 32:17 29:4
92:21138:22147:9150:19 contemplated corrupt
153:22,22 155:11 158:12 19:17,20
considerable continuation cost
73:18 84:12 19:9 23:3 32:20 38:17 42:5,10,11
consideration continue 72:7,9,14 149:21
27:8 58:18 102:11 120:22 84:22 122:19 costly
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considerations 25:12 costs
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considered 84:2,7,12 85:6 Council
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considering 84:15 counsel
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considers 83:12 84:18 count
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consistently 76:4 country
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conspiring 72:10,13 county
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13:13 converting 62:13 63:4 66:21 67:14,22
constituency 53:21 69:7,16 70:12 71:5 75:8
138:19 convey 88:7 92:20 94:12 95:24
constituents 92:11 114:9,15 118:22 125:14
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courses Cub 156:14,15
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court culture 34:17
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15:5 1:24 163:4,13 136:8 163:10
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creation 96:20,21101:21102:13 45:8
39:3 135:9 105:15 106:2 108:4,4,14 decade
credence 109:15 113:14 120:13 132:3
64:24 122:25123:9125:6126:16 decades
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creek 137:21 144:25 145:9 146:22 18:6 110:13
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127:11,13,16,22 128:2,3 Cutchogue's 108:13
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creeks CVS 86:4
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CREMERS cycle 31:8
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crews CYO 130:23
135:16 124:13 decisions
crier 34:23 86:19
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36:25 134:9 25:16 101:15
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deemed Department 74:22 75:4 76:6 96:25
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diligence 12:24 158:18 36:25 50:22
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diluted 77:7 156:17
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148:16,19 doing 21:13 33:7 34:9 57:25 93:11
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discharges 1:16 136:9
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discounted 84:11 49:4
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discretion 85:14 49:20
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discuss 142:15 27:5
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discussed 148:9 38:9
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discussing 119:9 3:25
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federally 65:8 5:4 9:8 17:14 90:8 91:6
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91:15 92:17 125:8 94:16,20 95:5 110:9 119:5
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52:13 62:5 63:21 134:10
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136:4 17:9 46:25 83:10 96:6 113:12
foregoing freeze gates
163:7 54:2 136:17
foreseeable frequency gathering
13:18 49:20 51:13 14:2
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53:18 22:11 92:25 126:7
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goals 124:17 144:4
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habitats Harry 101:5
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half harvesting 163:9
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half-acre hate 1:5 3:4 25:7,8 47:10 48:20
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90:17 91:2,13 74:4 66:18156 2014
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