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Fort Salonga Association

An aerial shot of Carlson Corp. property in Kings Park. Photo from Town of Smithtown

As the number of people signing the Change.org petition against a Kings Park rail yard grows, the property owner said the plan would benefit Smithtown and Huntington.

In the last few weeks, residents of Kings Park and the surrounding areas, including Fort Salonga and Commack, have voiced their opposition to a proposed rail yard. More than 2,000 people have signed the Change.org petition titled “We Oppose Townline Rail Terminal.”

Townline Rail Terminal LLC, an affiliate of CarlsonCorp, owned by Toby Carlson with property on Meadow Glen Road in Kings Park, proposed to the Surface Transportation Board — an independent federal agency — a plan that asks for railroad tracks to be used for commercial use. The proposed rail spur construction would extend approximately 5,000 feet off the Long Island Rail Road Port Jefferson Branch line and be located near Pulaski and Town Line roads. Among the uses would be the disposal of incinerated ash and construction debris using diesel freight trains. Incinerated ash would be trucked between Covanta waste facility on Town Line Road in East Northport and the rail terminal.

Petitioners on Change.org have cited concerns about the rail spur being too close to where children play and homes; health risks associated with diesel exhaust and incinerated ash; diesel trains operating between 10 p.m. and 5 a.m.; the impact on the quality of life; noise and possible water pollution; negative impact on home values; and the lack of notice provided to residents about the project.

Representatives and members of the Commack Community Association, Fort Salonga Association and the revived Townline Association have also spoken out against the project at meetings, on social media and on the organizations’ websites.

The use of rail over trucking has received support from Town of Smithtown Supervisor Ed Wehrheim (R) and Suffolk County Legislator Rob Trotta (R-Fort Salonga).

Bob Semprini, Commack Community Association president, said in a phone interview that local elected officials have always been helpful based on his experiences in the past. In this case, he feels “it’s a poor decision on their part.” He said that elected officials and Carlson cite the closing of the Town of Brookhaven landfill in 2024 as the reason for opening the rail yard.

“The bottom line is this, they are selling a bill of goods to the community that if this does not happen, we’re all screwed — and this is not the case,” Semprini said.

He added that he has heard that while the Brookhaven landfill is scheduled to close in 2024, it may only close partially next year and there will still be the potential of sending ash to the town. A request for comment from the Town of Brookhaven to confirm was not answered by press time. He added local carting companies are working on plans to transport off Long Island, and if Covanta was open to it, one of those companies could transport the incinerator’s ash.

Semprini added that while Toby Carlson has said the rail spur would lessen the number of trucks on local roads, many feel if the project goes through, there will be more trucks.

He said the community and civic associations are ready to work against the proposal. 

“We always have to fight for our quality of life in this town, and it’s absolutely ridiculous,” he said.

Carlson defends rail yard

In a telephone interview, Toby Carlson said the industrial area in Kings Park is ideal for such a rail yard as the businesses in the area historically have used construction materials such as gravel, stone, brick and cement, and also because Covanta produces ash.

The Northport resident said that 12,000 to 14,000 truckloads of material a year travel the roads to supply the area’s needs, and the rail terminal could potentially take “tens of thousands of trucks off the road.”

“Rail is the most efficient form of transportation,” Carlson said. “It’s the most environmentally-sound form of transportation, and to be able to consolidate all those loads that are coming in will take trucks off the road.”

He added that the rail spur would help when the Brookhaven landfill closes next year.

“At the end of the day, what we’re just trying to do is consolidate everything into a plan that makes sense,” Carlson said.

He said residents protesting the plan are not looking at the “longer-term picture of how our society has changed and how we’re all consumption based.”

He added that the only way to help fix the garbage problem is to make a concerted effort to reduce the materials we consume.

“We always want to push our solution somewhere else, into somebody else’s backyard, but I think regionally, locally, we need to solve our own solid waste issues,” he said, adding, “What about the hundreds of thousands of people that live out in Brookhaven that don’t want our stuff coming to them anymore?”

He said during the night, one train, which will run along the Port Jefferson line, will travel along the rail with approximately 20 to 27 cars.

“Materials will come in the night, we’ll drop that set of train cars off and that same train power unit will pick up 27 loaded cars, and take them out once per day, five days a week.”

He said the materials brought in are used locally and will stay in the Smithtown and Huntington areas. 

“We are not supplying Babylon,” he said. “It’s really a regional solution for Smithtown and Huntington needs.”

Carlson said there would be an environmental review process, and if the proposal receives approval from the STB, it will still be a years-long process. Proposed buildings and site work would be subjected to Town of Smithtown approval.

As for residents’ concerns, he said some issues would be addressed with the rail grade closest to residents being 25 feet below the elevation of the existing Long Island Rail Road grade. There will also be a planted berm at least 15 feet high about the rail ground, an approximately 180 feet vegetative buffer. He is also open to sound walls, he said, “and other mitigation measures are on the table for discussion, depending on what scientifically gives the greatest amount of buffering and mitigative results.”

He is grateful for the support of Wehrheim and Trotta, who Carlson said, like others, are looking toward the future to figure out how to tackle the Brookhaven landfill closing.

The owner said he encourages everyone to send their concerns to STB and be curious about the proposal, as well as what’s happening with Long Island’s waste and how others feel about waste being shipped to their communities.

“They’re going to look at all those comments, all those concerns, all those things and they’re going to basically provide a solution to them, whether they decide for the project or against the project,” he said. “All those words have to be heard and they have to be addressed.”

According to the Town of Smithtown, “the STB will not issue a final decision until the public has an opportunity to comment on the proposal.” Residents can view the plan and all documents pertaining to it as well as letters of support and concerns on STB’s website under docket number FD 36575.

The proposed plan for the Indian Hills Country Club. Photo from Northwind

The Fort Salonga Association has been divided over rezoning the Indian Hills Country Club, and at the annual general meeting in January members gathered to voice opinions on the board’s decision to send a letter to Huntington Town Supervisor Frank Petrone (D) supporting the rezoning. The members also voted to keep current President Frank Capaccio in power, instead of replacing him with challenger Joan Bubaris.

Earlier this year, Jim Tsunis, of the real estate developer The Northwind Group, applied to Huntington Town to change the zoning for the property from 1-acre single family to open space cluster district, in the hopes of building homes on the property.

In November, the FSA board voted to support the proposal in order to preserve the golf course for the residents of Fort Salonga.

Capaccio wrote a letter to members explaining why the board reached the decision.

“Our organization, for 70 years, has always been an advocate for what is best for the community at large,” Capaccio said in the letter. “While some feel the golf course should remain untouched and others feel 100-plus single family homes are a better alternative than townhouses, we disagree. The main purpose of establishing our organization was to preserve the quality of life and open space in our hamlet. Preserving the golf course does this.”

At the Jan. 31 meeting, more than 150 members gathered to weigh in, with residents both criticizing Capaccio for what they saw as a rash decision and others supporting the board’s action.

“We felt the preservation of open space was the best thing for the community,” Capaccio repeated at the meeting, before being interrupted by a resident who asked why there wasn’t a forum for residents to voice their opinions on this issue.

“The issue was the process, not just the decision, but the way this was slipped through,” one member said.

Capaccio said there were a number of meetings held to discuss this issue, including meetings with Petrone, the Fort Salonga Property Owners Association and other communities that developed properties like this — but members argued they weren’t public.

Members questioned why the board made a decision before the environmental study was completed.

“The environmental study is going to be either a positive declaration or a negative declaration,” Capaccio said. “No one can determine or change the outcome of that. If it fails the environmental study nothing can be done.”

Members continued to press.

“So then why not wait until it’s completed?” one attendee asked. “You’re supposed to represent us. We need a new president.”

Capaccio answered that claim.

“Let’s see how many people feel that way,” he said. “We’ll know tomorrow.”

In the end the majority of the FSA did not want new leadership, as Capaccio was voted in for a second term with 95 votes to Bubaris’ 83. The organization hired an independent accountant to tally the votes to ensure there was no wrongdoing.

Bubaris said a new voice was needed to lead the association in the right direction.

“[Capaccio] has not been  much of a leader, he’s been more of a dictator,” she said in a phone interview. “This election had to do with the lack of transparency and the behind the scenes decisions that have been made.”

Bubaris said she felt she needed to step up and run for president because there wasn’t a working board anymore, and she feared the organization wouldn’t make it another year.

Since the election results were posted,  Vice President Will Safer has resigned from his post, as has board member William Berg, according to Bubaris. She also said she would resign as of Tuesday night’s meeting.

“It’s really disappointing that this behavior is being accepted — but I don’t accept it,” Bubaris said. “He [Capaccio] seems to have his own agenda and to my surprise, board members back him.”

Bubaris said she anticipates the open seats will be filled with like-minded people which is detrimental to the FSA as well.

“It’s just not a working board,” she said. “It needs to be  brought into the 21st century with open discussions.”

The proposal includes plans to build 108 townhomes and two cottages in several areas on the golf course. Northwind refers to the townhomes as houses for a 55-and-over community, and said their plan will preserve 120 of the 143 acres at Indian Hills, won’t impact the views of the club from Breeze Hill Road and Fresh Pond Road, and will preserve the character of the neighborhood.

The proposed plan for the Indian Hills Country Club. Photo from Northwind
The proposed plan for the Indian Hills Country Club. Photo from Northwind

By Victoria Espinoza

Fort Salonga residents are waging battles on two fronts. One fight is to prevent the rezoning of the Indian Hills Country Club, and the other to ensure their civic association is fairly and accurately representing them.

Earlier this year, Jim Tsunis, of the real estate agency Northwind Group, applied to Huntington Town to change the zoning for the property from one-acre single family to open space cluster district. The proposal includes plans to build 108 townhomes and two cottages in several areas on the golf course. Northwind refers to the townhomes as houses for a 55 and over community, and said their plan will preserve 120 of the 143 acres at Indian Hills, won’t impact the views of the club from Breeze Hill Road and Fresh Pond Road, and will preserve the character of the neighborhood.

But residents are far from convinced. They fear the impact the development could have on the environment, traffic and safety during construction, and property value of the homes in the area.

Division within the Fort Salonga Association

Members of The Fort Salonga Association and Fort Salonga Property Owners Association expressed these concerns, however, FSA sent Huntington Town Supervisor Frank Petrone a letter approving the plan at the end of November.

Frank Capaccio, president of FSA, said in the letter that reaching the decision was difficult, but he explained that preserving the golf course is most important for residents.

“Our organization, for 70 years, has always been an advocate for what is best for the community at large,” Capaccio said in the letter. “While some feel the golf course should remain untouched and others feel 100-plus single family homes are a better alternative than townhouses, we disagree. The main purpose of establishing our organization was to preserve the quality of life and open space in our hamlet. Preserving the golf course does this.”

“We’re in a place we don’t want to be. We’re sort of fighting the FSA and we need to be fighting the developer. As we see it at the moment, there really is no difference.”
—John Hayes

The president acknowledged in the letter that the decision wasn’t unanimous among board members, and unknown decisions could still affect the plan.

“This was not an easy decision, and the ultimate configuration of development, including size, type, and quantity of homes, is yet to be determined,” Capaccio said.

Many residents are wondering why the association was compelled to make a decision so soon, before analysis was complete and a plan was finalized.

FSA director, William Berg said the board had initially planned to create a special committee to conduct an in-depth review of the plan’s environmental impact before any decision was reached.

“I volunteered … and [Capaccio] said he was going to contact other people, and then we never heard about a meeting or anything,” Berg said in an interview. “And then [25 days later], he emailed, saying it was time to have a vote.”

Berg said a fellow board member made a motion to delay the vote until the special committee was formed and able to share their findings, but it was declined, and the vote was carried out via email.

“One of the largest not only developments, but changes in zoning to occur in Fort Salonga’s history, there was no debate, there was no discussion,” Berg said.

According to Berg, 10 board members voted for it, two voted against, and one abstained. He said he doesn’t have the names of any of the members who voted for it. “It’s a secret,” Berg said.

At the last town board meeting, Petrone said the proposal was still in the early stages and the Huntington Zoning Board had not yet fully reviewed the plan to even schedule a public hearing.

“One of the largest not only developments, but changes in zoning to occur in Fort Salonga’s history, there was no debate, there was no discussion.”
—William Berg

John Hayes, president of the FSPOA and member of the FSA, said he doesn’t understand why a decision had to be made so quickly.

“It’s almost unprecedented for a civic association to go basically against the residents who clearly oppose it, at this stage of the game,” he said. “It is beyond any comprehension; we’re just scratching our heads. What’s the motivation here?”

Berg agreed the email vote was unusual.

“They can have email votes on minor issues, but when you have something like this, you normally would have a meeting and vote on it,” he said. “And it wouldn’t be done over a holiday weekend, in a rush.”

The FSPOA held a meeting a week earlier to explain the downzoning issue to their members, and Capaccio was present. Andrew Rapiejko, an FSA and FSPOA member who worked on the presentation, said it was announced at the end of the meeting that the FSA had posted a letter supporting the downzoning.

“There were gasps in the room,” Rapiejko said. He added it was also announced Capaccio was in the room, if he wanted to make a statement. Hayes said he declined, which they understood, since he was at the meeting as a private individual, but the president assured residents their questions would be answered at the Dec. 6 meeting.

Three days after the letter to Petrone from the FSA was posted on their website, the civic association announced they were cancelling the annual general meeting slated for Dec. 6.

In the letter, Capaccio explained the FSA voted to support the zoning change, but not the specific plan put forward by the club owner. He acknowledged the FSPOA’s disapproval of the plan, and the reason behind cancelling the meeting was an issue with three FSPOA members seeking positions on the board of the FSA.

“We determined that their initial independent nominations did not meet our requirements, which means their names would not have appeared on the ballot,” the president said. “In at least the last 40 years, this is the only time the FSA has had to prepare for a possibly contested election. While our by-laws allow for independent nominations and provide a process for a contested election, this is essentially a new process for us. As a result, the FSA board has decided we must postpone our annual meeting and election for 45 to 60 days so we can process an open and fair election.”

Rapiejko said this came as a shock to FSA members.

“These nomination petitions were sent in end of October, so they had them for a month,” he said. “All three candidates were sent certified letters saying that they were disqualified from the election. And the reasons given were confusing.”

“The rezoning does not compromise our one-acre zoning. The purpose of the cluster zoning law is to preserve open space.”
— Frank Capaccio

Rapiejko said members who hadn’t paid their annual dues made the nominations, thus the disqualification. Rapiejko was one of those members, according to the FSA, and when he reached out to correct them, that he had in fact paid his dues, they acknowledged the error, but the disqualifications stood.

“I got a response that said ‘Well, at that time of year we get a lot of checks and there was an error inputting your data that has been corrected’ and that was it,” he said. “No apology, no saying that we’re going to undisqualify the candidate. That was it.”

No new meeting has been posted to the FSA’s website as of publication, and the organization did not return request for comment.

“The rezoning does not compromise our one-acre zoning,” Capaccio said in the letter. “Any homes, cluster or single family, will not exceed the one-acre yield of the property. The purpose of the cluster zoning law is to preserve open space.”

He also stressed the FSA intends to continually represent the interests of the community at large.

“We have never been a single issue organization, representing only the few,” Capaccio said.

Rapiejko said the FSA and FSPOA have worked hand in hand on issues before, and he had hoped this time would be the same.

“It really worked very well,” he said of the partnership, recalling another zoning issue from 2003. “After that issue was over, the [FSPOA] was dissolved and we re-established spring of this year. We fully expected this to work the same way, to have that relationship. It wasn’t a competition.” He said the FSA does great work, and almost all of the FSPOA members are also members of the FSA.

Hayes said the current situation is far from ideal.

“We’re in a place we don’t want to be,” Hayes said. “We’re sort of fighting the FSA and we need to be fighting the developer. As we see it at the moment, there really is no difference. The only party that has benefited from their decision is the developer. It’s hard to split them at the moment. To say it’s unusual is an understatement, I think.”

Northwind didn’t respond to requests for comment.

Opposition to the rezoning of the golf course

Beyond the issues within the FSA, residents have major concerns with the impact rezoning could have on the Fort Salonga community.

“Once you concede to the change in zone, now you’re talking about negotiating where you’re putting the deck chairs on the Titanic.”
—John Hayes

Hayes said some support the rezoning but not necessarily the site plan.

“Once you concede to the change in zone, now you’re talking about negotiating where you’re putting the deck chairs on the Titanic,” Hayes said.

Rapiejko agreed the decision was a bit premature.

“For the FSA to pull out one piece of what this project is, and the downzoning is just one piece of the whole plan, and say ‘Well, this we believe is going to be good and is not going to have an impact,’ it’s just irrational,” he said. “It’s not logical, and that’s why you never want to do it. You always want to look at the whole plan to make a decision on the whole plan and the impacts of the whole plan.”

The proposed plan from Northwind calls for two areas of 46 town homes on the golf course, one area with 16 town homes, and two cottages. According to Hayes, the plan would also call for the use of a narrow private road in Fort Salonga as access for residents of Northwind. According to the company’s website, the plan will preserve 120 of the 143 acres of land at Indian Hills.

Rapiejko has worked in the Suffolk County Health Department for close to 30 years, where he has gained experience in dealing with environmental issues, and he said the title of the new project is insulting to people’s intelligence.

“He’s changed the name to The Preserve at Indian Hills, and he’s billing this as a preservation effort,” Rapiejko. “When I look at this golf course, I don’t see a preserve. What I see is a developed piece of property. When I look at this proposal, I’m seeing it as a tremendous increase in development.”

Rapiejko is worried about nitrogen pollution in drinking water.

“He’s changed the name to The Preserve at Indian Hills, and he’s billing this as a preservation effort. When I look at this golf course, I don’t see a preserve. What I see is a developed piece of property.”
—Andrew Rapiejko

“Nitrogen in our area is a huge, huge issue,” Rapiejko said. “And I see a very intense nitrogen use here.” He said the golf course is basically a peninsula surrounded by the Crab Meadow Watershed, the Long Island Sound and the Fresh Pond — and each would be sensitive to nitrogen and pesticides.

Rapiejko said the Suffolk County Health Department has been conducting a study on golf courses. A monitoring well for the Indian Hills Country Club found the current nitrate levels are more than five parts per million.

“That is prior to 32,000 gallons per day of sewage that he is going to be discharging as a result of his development, and discharging on site,” Rapiejko said. He added the plan calls for septic systems for each of the clusters, which will be recharged on site close to the water bodies. That could add more nitrogen to the waterways, as well as other things discharged from septic systems, like pharmaceuticals and personal hygiene products.

In the environmental proposal, nitrogen and phosphorus levels were tested at Fresh Pond in May and August — where most of the water from the area is discharged. Total nitrogen levels were 6.03 milligrams per liter, and 1.75 milligrams per liter for phosphorus. Rapiejko compared the numbers with Environmental Protection Agency water quality criteria recommendations, which recommend surface water nitrogen levels at 0.32 milligrams per liter and phosphorus levels at 0.008 milligrams per liter.

‘It’s kind of curious, because you do an environmental impact statement to asses the impact of what you’re proposing to do and to see if it’s significant,” Rapiejko said. “In this case, it’s obvious that there is already a significant impact with what is already here that needs to be addressed, no less worrying about impacts of a proposed development.”

Rapiejko said storm water runoff could also significantly impact the water quality at Fresh Pond.

Residents are also worried about the septic systems.

In this case, it’s obvious that there is already a significant impact with what is already here that needs to be addressed, no less worrying about impacts of a proposed development.”
—Andrew Rapiejko

According to the proposal, “each of these subzones will utilize a tertiary treatment system that is recognized by SCDHS, or one that may be approved as a pilot installation through SCDHS Board of Review approval.”

Rapiejko said this means the builder plans on using one of the new, innovative septic systems the county has been researching, which have not yet been approved and would require a variance from the town to use. The builder proposed The Preserve be used as a test site for one of the new systems.

“We don’t even know if these systems work or not,” he said.

Rapiejko compared this project to a similar development in Southampton — The Hills — which used the same engineer group as The Preserve. That project, if approved, would entail a golf course with more than 100 townhouses on the property, and Rapiejko said when he looked at the environmental proposal for that project, it came with seven alternatives.

The Preserve currently has two alternatives, one is no action, and the other is single-family, one-acre homes across the entire golf course, which would require eliminating the ponds and building on steep hills and slopes.

“Here he gave us one non-reasonable alternative,” Rapiejko said.

The plan calls for work from 7 a.m. to 6 p.m. Mondays through Fridays, with 32.75 acres needing to be cleared. Residents cite increased traffic and possible safety problems for bikers and walkers as other concerns.

According to the proposal, the average selling price per unit is about $800,000, which would total more than $85 million if all units were sold. The property was sold for $13.5 million.

A petition condemning the rezoning, with more than 400 signatures of Fort Salonga residents, is circulating.

The Huntington Zoning Board hasn’t reached a decision, which is the next step in the process.