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Civic

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Supervisor Ed Romaine listens to resident concerns at the town meeting. Photo by Giselle Barkley

Civic leaders in Three Village are calling on Brookhaven to put the brakes on a local law that could potentially limit the number of vehicles parked on town roads.

In an attempt to crack down on illegal rental housing in Brookhaven, elected officials mulled over a proposal at a work session late last month that would restrict the number of permitted vehicles at a rental house to one car per legal bedroom, plus one additional car. But Shawn Nuzzo, president of the Civic Association of the Setaukets and Stony Brook, said imposing “separate and unequal” laws would infringe on residents’ most basic rights as Americans by determining which Brookhaven natives would be allowed to park their vehicles on the street.

The civic president wrote a letter in opposition of the town’s proposal.

“While it is certainly in the town’s purview to determine how our roadways should be used, our laws should apply equally to all,” Nuzzo wrote in the letter. “It is unwise to create restrictive laws meant to apply only to certain members of our society — in this instance, based on their homeownership status.”

Nuzzo said he submitted his remarks on the law for the board to consider at its Sept. 17 meeting, when the town will look to add an amendment to Local Law 82 in the Brookhaven Town Code, which oversees rental registration requirements. The proposed vehicle restriction was only the latest in a string of initiatives the town put forward to prevent illegal housing rentals, including one measure that outlawed paving over front yards to make way for parking spaces.

The measures were borne out of an issue Bruce Sander, president of the Stony Brook Concerned Homeowners, helped bring to the forefront after communities in and around Three Village became hotspots for illegal or otherwise overcrowded rental homes filled with Stony Brook University students. Sander was only one of many Three Village natives to come out against the overcrowded housing debacle, citing quality of life issues such as noise and overflowing trash.

Brookhaven Town Supervisor Ed Romaine (R) said at the Aug. 27 Town Board work session that he believed restricting the number of vehicles parked in front of rental homes could be a helpful tool in fighting illegal rooming houses.

“Normally, what we have to do is try to get inside to cite them, but to do that requires a search warrant, which judges are reluctant to give without probable cause,” Romaine said. “However, one of the other factors that these illegal rooming houses generate is the fact that there’s a lot of cars around. If we could control the number of cars, we would be better able to cite people.”

Looking ahead, Nuzzo said he planned on forwarding the proposal to the state attorney general’s office as well as the Southern Poverty Law Center to delve into the legality of a township restricting the number of vehicles parked in front of any given home, and whether or not the town can selectively enforce such a measure.

“If the Town Board feels street parking regulations are necessary, then those regulations should be implemented town wide,” Nuzzo said. “To target only certain residents for selective enforcement is un-American, and quite possibly illegal.”

Cops charge Eddie Schmidt with grand, petit larceny as association continues search for missing finances

Former Poquott civic President Eddie Schmidt goes over civic matters over the summer. File photo by Barbara Donlon

Former Poquott Village Trustee Eddie Schmidt, who was accused of stealing more than $23,000 from the civic association while the 22-year-old was the group’s president, was arrested and charged with grand and petit larcenies last week.

Police said Schmidt, who was arrested at 10:45 a.m. on Aug. 17 at his home on Birchwood Avenue, was charged with two counts of petit larceny and one count of grand larceny for incidents of theft that occurred between September 2013 and May 2014, according to a police spokeswoman. She said Schmidt took cash from the Poquott Civic Association.

Tad Scharfenberg, an attorney representing Schmidt, called the situation “outrageous,” and said “from what I’ve seen he’s actually done nothing wrong.” In a phone interview on Tuesday, Scharfenberg defended his client and said he didn’t steal any money.

“They’re just unhappy with the way it was spent.”

Scharfenberg said Schmidt didn’t spend any of the money on himself. Asked what he spent the money on, Schmidt’s attorney said they’re analyzing that now, and he called it a “situation where I don’t think he did a great job of record keeping.”

“This is a really good kid,” Scharfenberg said. “College kid, working hard. They’re trying to blow him up and it’s not right.”

The arrest marks a milestone in a saga that had gripped the village earlier this year, when civic officials alleged he took more than $23,000 while he was the president of the Poquott Civic Association.

Officials had claimed that while president, Schmidt used money raised at civic events to purchase things unrelated to civic expenses, like gasoline, Vineyard Vines clothing and dining at gourmet restaurants.

Schmidt resigned as president of the group last September.

Earlier this year, Schmidt fired back against the accusations in an email, breaking his silence since the allegations arose late last year. He called the claims rumors.

“The silence was a courtesy as I thought the present Board was genuinely working towards a mutual agreement between us to benefit the community. Unfortunately, the board was not genuine in its dealings, and has acted contrary to resolution,” Schmidt said in the letter. “I am writing this letter now to explain the situation, as I have genuine concerns regarding the presentation of the information by the Board, and by the climate of rumor that has spread throughout our village.”

In that letter, he spoke about the events he helped bring forward as president of the civic, despite carrying a hefty workload while attending college at 19 years old.

“I did my best to work towards common ground while rumors became widespread, and incorrect information and damaging assumptions were presented.”

In March, Poquott Civic Association officials spoke publicly about a potential settlement between Schmidt and the board for $15,000. President Carol Pesek said at the time that the settlement offer was for $15,000 — $5,000 less than the money originally demanded late last year — and also included a controversial confidentiality clause that would forbid the board from speaking of the matter. There was also a nondisclosure clause that would forbid it from letting the community know where the money came from, and an agreement that Schmidt would not be prosecuted, the civic board said. But civic officials couldn’t get past the confidentiality clause.

It’s not immediately clear what happened to that settlement offer.

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President announces candidacy against Valerie Cartright

Above, far right, Ed Garboski testifies before the town board. He has announced he is running for the seat held by Councilwoman Valerie Cartright. File photo

Ed Garboski will be taking a leave from his role as civic president as he works to unseat Councilwoman Valerie Cartright in the fall.

Garboski, of the Port Jefferson Station/Terryville Civic Association, announced his run against one-term incumbent Cartright (D-Port Jefferson Station) for Brookhaven Town Board’s 1st District at the civic’s meeting on Wednesday night — opening up much debate.

The association’s bylaws do not contain a provision for taking a leave of absence, which originally created a tricky situation for the membership during the discussion. The room was divided — and at times argumentative — over whether Garboski should resign his position as he runs for political office on the Republican and Conservative tickets.

Faith Cardone said she felt it would be a conflict of interest for him to remain the president while running a political campaign for the Town Board.

Garboski said he had wanted to take a leave of absence, largely because he foresees having less time to fulfill his presidential duties, but was limited because of the bylaws’ shortcoming. He pushed back, however, when some called for his resignation, including fellow civic executive board member Joan Nickeson.

Councilwoman Valerie Cartright. File photo
Councilwoman Valerie Cartright. File photo

“I don’t think that I need to resign as of right now,” he said. “Where’s the conflict [of interest]?”

Other members also spoke up against Garboski remaining in his civic position.

“I don’t want to insult your integrity, Ed,” Gerard Maxim said, but having Garboski serve as president while also running for Town Board “makes it awkward for us.”

There were, however, voices of support in the audience.

Kevin Spence, a Comsewogue library board member, said there is no ethical problem before Election Day.

“I don’t see where this is a conflict until he gets elected.”

After some back and forth, Garboski relented somewhat, saying, “if this is such a big problem … if it’s that important to this membership here that I step down, I’ll step down.”

But instead, another library board member, Rich Meyer, made a motion for civic members to vote on granting Garboski a leave of absence starting in August and ending after the election, overriding the bylaws.

The members unanimously approved the motion for his leave.

Once Garboski departs in August, Vice President Diane Lenihan-Guidice will step into his shoes, including running the civic meetings for the months he is away.

Cartright, who is running for a second term on the Democratic, Working Families and Independence lines, said in a statement she and Garboski “will continue to work together to address community concerns. As a sitting elected representative, I firmly believe government always comes before politics.”

She said if re-elected she would “address the needs and ideas of the community and advocate for an informative and transparent local government.”

Board approves zone change for Heatherwood housing community

Port Jefferson Station/Terryville Civic Association President Ed Garboski speaks against the housing proposal on Tuesday, as Shawn Nuzzo, Three Village’s civic leader, looks on. Photo by Erika Karp

Despite numerous objections from residents, local civic associations and the community’s own councilwoman, the Town of Brookhaven has paved the way for a 200-unit retirement community at the Heatherwood Golf Club in Terryville.

Councilman Dan Panico (R-Manorville) sponsored the resolution for a zone change from A Residence 5 to Planned Retirement Community for the property, which is located at Arrowhead Lane and Route 347 and falls in both the Comsewogue and Three Village school districts. The town board approved it in a 4-3 vote, with Councilwomen Valerie Cartright (D-Port Jefferson Station) and Connie Kepert (D-Middle Island) and Supervisor Ed Romaine dissenting.

The planning board still must approve the project’s site plan before the project can move forward.

According to the site plan application, about 25 acres of the property would be developed into the 55-and-over community, while about 45 acres would remain open, leaving a nine-hole golf course.

Since the property would be developed at an increased density, owner Doug Partrick in exchange would donate a 40-acre lot he owns in the Manorville Farm Protection Area — in Panico’s district — for open space.

While the zone change public hearing was held on Tuesday, the project had been discussed for months at Port Jefferson Station/Terryville Civic Association meetings, and that group, along with the neighboring Civic Association of the Setaukets and Stony Brook, came out strongly against it.

However, the Town of Brookhaven Planning Department supported the project — Planning Commissioner Tullio Bertoli said the proposal is compatible with existing development in the area and fits in with the town’s smart growth efforts, as it is located along a commercial corridor.

Residents and civic leaders who attended the public hearing expressed concerns about traffic and losing open space in their community. In addition, many were displeased to see the development proposed for the golf course, as the community is preparing to redevelop and revitalize the Route 112 corridor, on another side of town.

“[It’s] dismaying to see a town planning commissioner come before you and say this is a location that meets all criteria,” Bob de Zafra, of the Setaukets and Stony Brook civic, said at the public hearing. “It does not.”

He also criticized Panico for bringing forth the resolution.

De Zafra asked Panico and new Councilman Neil Foley (R-Blue Point) to recuse themselves from the vote, as the officials received campaign contributions from a company under the umbrella of Partrick’s Heatherwood Communities, the retirement community developer.

According to campaign financial disclosure records, Friends of Dan Panico received a $500 contribution from Heatherwood House at Coram LLC in September 2013, while Friends of Neil Foley received a $1,000 contribution in October 2014.

“There’s nothing illegal in that,” de Zafra said. “There’s nothing dishonest in that and I certainly don’t mean to imply that, nor am I due a lecture about it.”

Panico, who said he brought forth the zone change resolution because it was in the best interest of the whole town, interjected during de Zafra’s comments and said, “Why would you bring it up?”

Frank Gibbons, a board member of the Port Jefferson Station/Terryville Civic Association, said he was concerned about the development’s impact on traffic.

“There are good arguments on both sides of this question, but I think that when we look at the best thing for the entire township, Mr. Panico, … how about taking care of Terryville, Port Jefferson Station and South Setauket,” Gibbons said.

The town board placed conditions on its zone change approval, including that Partrick must make the land donation, remove a billboard at the golf course, construct a sidewalk on the east side of Arrowhead Lane and complete a new traffic study for the Terryville site.

Heatherwood’s attorney, David Sloane, of Certilman Balin Adler & Hyman LLP, spoke about the positives of the project, including a decrease in the use of pesticides and more property taxes to the school districts without an influx of students.

“This proposal is the least intensive use that could be developed on this site,” he said.

Members vote against Heatherwood retirement community

The owner of the Heatherwood golf course wants to build 200 units of retirement housing at the site. Photo by Andrea Moore Paldy

Civic members took a stand Tuesday night against a housing community proposed to be built on the Heatherwood golf course, voting to send a letter of opposition to Brookhaven Town.

The Port Jefferson Station/Terryville Civic Association’s executive board will draft and submit the letter, which carries no legal weight but serves to share the community’s views on a project for consideration.

The official civic vote caps a months-long discussion on the project at the Heatherwood Golf Club, at Arrowhead Lane and Nesconset Highway in Terryville.

Doug Partrick, an owner of both the course and multifamily housing developer Heatherwood Communities, wants to build 200 rental units for people 55 and older, a mixture of town houses, ranches and apartments.

When Partrick gave a presentation on the project at a May civic meeting, he said the retirement housing would be built on 25 acres at the golf course, leaving the remaining 45 acres as open space. The 18-hole golf course currently at the site would be reduced to a nine-hole course that would surround the homes.

The course is zoned A Residence 5, which allows for one housing unit on every 5 acres. Partrick would need a zone change to planned retirement community zoning to proceed with the development.

As they did at previous civic meetings, members spoke against the proposal on Tuesday night, citing quality of life concerns such as traffic congestion.

Civic President Ed Garboski reported that a traffic study of the area found that retirement housing would have little impact on traffic, though some residents scoffed at that notion.

One man who lives near the golf course talked about how busy the adjacent roads are already and said the housing community would make things worse.

And member Don Zaros took issue with the fact that the homes would be rentals, saying people who rent instead of own — whom he called “transients” — do not care about the community as much.

Partrick, who was not at Tuesday’s meeting, said previously that if the housing development does not move forward he might close the club. He said he would think about whether he would be “better off consistently losing money on the golf course or … just shutting the golf course down, leaving it dormant.”

While some residents have been concerned about having a large abandoned property in town that could possibly attract vandalism or homeless people, others were not worried. While one man said on Tuesday that having retirement housing is “better than a blighted, abandoned piece of property” in the neighborhood, another countered that vacant and blighted are not the same thing, and having a large grassy parcel would be better for Long Island’s groundwater than a housing community.

The group voted overwhelmingly to send a letter of opposition to the town, in keeping with an unofficial vote at last month’s meeting that produced the same result.

Civic group does not vote ‘fore’ or against proposal

The Heatherwood Golf Club. File photo by Andrea Moore Paldy

Dozens of community members turned out to a special meeting of the Port Jefferson Station/Terryville Civic Association last Wednesday night, Aug. 27, to oppose a proposed retirement housing project at the Heatherwood golf course.

The owners of Heatherwood Golf Club, located at Arrowhead Lane and Nesconset Highway in Terryville, are looking to build 200 rental units at the site — made up of townhouses, ranches and apartments — for residents 55 and older.

Doug Partrick, an owner of the course and multifamily housing developer Heatherwood Communities, was not at the meeting, but according to a presentation he gave on the project at a May civic meeting, the housing would be built on 25 of the golf course’s 70 acres, leaving 45 acres as open space.

The homes would be surrounded by a nine-hole golf course, down from the 18 holes currently on the site.

Residents at Wednesday’s meeting said they are concerned about the project’s impacts on traffic and quality of life. They were also wary of overdevelopment.

“It takes me 20 minutes to get home and I travel 1.8 miles,” Patricia Higgins, who lives close to the golf course, said in an interview afterward. “I could walk faster.”

Civic President Ed Garboski told the crowd that the golf course would shut down at the end of the season, regardless of whether the housing project is approved.

Partrick had said in May that if the development did not move forward, he would think about whether he is “better off consistently losing money on the golf course or … just shutting the golf course down, leaving it dormant” and paying taxes on the land.

“If he wants to walk, let him walk,” Lou Antoniello, who is the civic treasurer but was speaking just as a Terryville resident, said in an interview. “Have a nice day and don’t let the door hit you on the way out.”

Residents hope they can stop the project from moving forward.

“I am so glad I came to know what’s going on and it’s disappointing,” Port Jefferson Station resident Nancy Farrell said in an interview.

Garboski said during the meeting that results of a traffic study performed on the area found that the proposed Heatherwood project would not have a big impact on traffic.

But residents argued that 200 rented units would bring at least 200 new cars, and said they don’t understand how that wouldn’t affect traffic.

Joe Cannone, a Port Jefferson Station resident, said after the meeting that he isn’t against development at the golf course, but “the golf course should either stay a golf course or develop for what it’s zoned for.”

The course is zoned A Residence 5, which allows one housing unit for every 5 acres.

The civic is expected to vote on whether it supports the project at its next meeting on Sept. 23.

Whatever the group decides, it will have the backing of a neighbor — Shawn Nuzzo, president of the Civic Association of the Setaukets and Stony Brook, attended last Wednesday’s meeting because part of the golf course lies in the Three Village school district, and he assured the crowd that his civic will take the same stand as whatever the Port Jefferson Station/Terryville Civic Association decides.

The Heatherwood Golf Club. File photo by Andrea Moore Paldy

The Port Jefferson Station/Terryville Civic Association will hold a special meeting on Wednesday, Aug. 27, to discuss the proposed housing development for the Heatherwood Golf Club in Terryville.

Doug Partrick, an owner of multifamily housing developer Heatherwood Communities, has proposed a 200-unit retirement community for the golf club, which is at Arrowhead Lane and Nesconset Highway.

Developer Doug Partrick talks about his proposed development for the Heatherwood Golf Club at a recent civic meeting. File photo by Andrea Moore Paldy
Developer Doug Partrick talks about his proposed development for the Heatherwood Golf Club at a recent civic meeting. File photo by Andrea Moore Paldy

His plans for the property include turning the 18-hole golf course into a nine-hole one that would surround two-bedroom rentals — a mixture of ranches, townhouses and apartments. On the 70-acre property, he has said, 45 acres would remain open space.

At a previous civic meeting, residents shared their concerns about an increase in traffic the housing community could bring, as well as drainage and sewage issues. According to representatives at that May meeting, drainage would be handled by constructing ponds and the homes would be linked to a county sewage treatment facility.

The civic association did not take a formal position on the matter at that meeting, but an informal vote showed that most of the people present were against the proposal.

It would require extra approval from the town, as the property is zoned A Residence 5, which allows one housing unit for every 5 acres. This proposal would be more dense, with the 200 units on 25 acres.

The community is invited to discuss the development at the civic’s meeting at the Comsewogue Public Library, from 7 to 9 pm.

Plan calls for homes for older folks at Terryville course

The Heatherwood Golf Club. Photo by Andrea Moore Paldy

Word that a retirement community is being proposed for Heatherwood Golf Club in Terryville brought residents out in full force to last Wednesday evening’s Port Jefferson Station/Terryville Civic Association meeting, where they raised concerns about density, increased traffic, storm drainage and sewage.

Doug Partrick, an owner of multifamily housing developer Heatherwood Communities, was at the meeting to present the plan for a 200-unit housing complex on the 70-acre property at Arrowhead Lane and Nesconset Highway.

His family has owned Heatherwood Golf Club since the 1960s but it “is no longer viable as a standalone,” he said. With fewer people golfing, the company — which also owns Pine Hills golf course in Manorville — “no longer can carry the golf course as it is without consideration for development.”

Partrick, architect Steven Hanson and engineer Michael Marinis propose to turn the 18-hole course into one with nine holes that would wrap around two-bedroom rental homes. The residences would be a combination of ranches, townhouses and first- and second-floor flats.

Of the golf course’s 70 acres, homes would be built on 25 acres and 45 acres would remain open space, Partrick said.

Hanson said the new homes would offer direct access to the course, which would act as a buffer between the development and the surrounding community, but that the course would remain open to the public.

Developer Doug Partrick talks about his proposed development for the Heatherwood Golf Club at a recent civic meeting. File photo by Andrea Moore Paldy
Developer Doug Partrick talks about his proposed development for the Heatherwood Golf Club at a recent civic meeting. File photo by Andrea Moore Paldy

Of particular concern to residents at the meeting was the fact that development on the golf course could violate the 2008 Comsewogue Hamlet Comprehensive Plan, a study and land-use plan for the area. According to Lou Antoniello, the civic association’s treasurer and chairperson for that hamlet study, the large majority of Port Jefferson Station and Terryville had already been built up at the time of the study, and surveys indicated that residents did not want the few remaining open spaces to be developed.

The study laid out the type of development locals wanted to see, and was geared toward preserving the area’s open space and history while creating a balance of living, shopping and cultural areas, Antoniello said. He sees that balance in jeopardy, as there are several senior housing communities already built or proposed.

MaryAnn Johnston, president of the Affiliated Brookhaven Civic Organization, an umbrella group of about 30 civic groups, said it would be a “waste and abuse of residents’ time and energy” if local development did not follow the guidelines of the study.

Councilwoman Valerie Cartright (D-Port Jefferson Station), who attended the civic meeting, said in a written statement that the study was “a reflection of the community’s vision” and that she continues “to support the desires of these residents” in her role on the town board.

Residents at the meeting also said they were concerned that the new project could exacerbate traffic problems on the already congested Nesconset Highway and asked about storm drainage and sewage from the property.

Heatherwood representatives said they have yet to conduct a traffic study, but have plans to handle drainage through the construction of ponds, and the 200 housing units would be hooked up to a county-owned sewage treatment plant.

Winning support from residents is only one of the difficulties facing the developer — overcoming zoning hurdles could be another. The property is currently zoned as A Residence 5, which allows one housing unit per 5 acres.

Asked what he would do if the development does not move forward, Partrick said he’d have to ask himself if he would be “better off consistently losing money on the golf course or … just shutting the golf course down, leaving it dormant” and paying taxes on the land.

Civic association leaders said they needed more information on the Heatherwood proposal before deciding whether to support it. However, an informal vote showed that most of those who attended the meeting opposed the development as it was presented.

Cartright advised residents to “listen and reflect on each of these individual proposals to determine what is in the best interest of the community and in line with their vision.”