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Town of Brookhaven

Brookhaven is looking to increase it's cyber security through a state grant, but the town is not saying how. Stock photo

The Town of Brookhaven is looking to beef up its cyber security.

At the Aug. 2 Brookhaven Town board meeting councilmembers voted unanimously to apply for a $50,000 grant under the New York State Division of Homeland Security and Emergency Services Cyber Security Grant Program. If the town attains the grant, Brookhaven will use town funds under specified cyber security initiatives and seek reimbursement through the grant.

The grant will make $500,000 available for any county, town or village in the state at a maximum of $50,000 per entity. Other municipalities in Suffolk County such as the Town of Smithtown are applying for the grant.

According to the state grant application, the money can be used for a number of items, including hiring a cyber security consultant, software packages for items such as firewalls and encryption, new equipment such as servers or hardware used against cyber threats, and for staff training involving cyber security awareness.

Jack Krieger, communications director for Brookhaven Town, said the town does not comment on current or future cyber security measures when asked what the money might be used for.

In June 2017, the Town of Brookhaven’s website, among 76 other municipalities, was successfully hacked by what was described as a “pro-ISIS group.” ISIS is referring to the Islamic State of Iraq and the Levant, the group that took over parts of Iraq and Syria in 2014 and is now being pushed back by U.S.-backed Iraqi forces and the Syrian army.

The group, Team System DZ, created a static webpage using the Town of Brookhaven servers, but it did not affect the official Brookhaven website. A link was set up through town servers to a static, look-alike webpage.

Deputy Town Supervisor Dan Panico (R-Manorville) said at the time they did not see any information extracted from the servers. The town’s website was taken down temporarily but was restored within a few days.

Much emphasis has been put on cyber security by government officials of late, as it was revealed that Russia had made efforts to hack into Democratic National Convention servers during the run-up to the 2016 presidential election, taking information which was later released via several outlets including WikiLeaks, an international whistleblower organization. U.S. intelligence officials have warned that Russia is already attempting to influence the 2018 midterm elections through multiple electronic means including phishing scams that target people’s passwords and by setting up fake accounts on social media, according to Bloomberg News recently.

Meanwhile, the Suffolk County Board of Elections is also keeping tight-lipped about cyber security measures as Long Island and the rest of the country heads toward a heated midterm election taking place Nov. 6.

“The board generally doesn’t comment on its security measures because we understand that doing so could aid nefarious individuals in their attempts to exploit our voting processes,” said Republican board of elections commissioner, Nick LaLota, when asked about the board’s preparedness to ward off security threats.

Port Jeff and Belle Terre would like to be absorbed by the Mount Sinai Ambulance District, which is overseen by Brookhaven.

The villages of Port Jefferson and Belle Terre are proposing a change to its ambulance service contracts with the goal of increased efficiency on the mind.

Currently emergency ambulance services are provided to homes in Mount Sinai Ambulance District, and the two incorporated villages by the Port Jefferson Ambulance Company, a not-for-profit corporation located on Crystal Brook Hollow Road in Mount Sinai. 

The ambulance company provides services to the three entities through individual contracts, with a projected 2018 total budget of $1.4 million. Port Jeff and Belle Terre villages contracted KPC Planning Services Inc. to examine the possibility of proposing to expand the Mount Sinai Ambulance District to encompass the two villages, thus simplifying the process and requiring a single contract with the company for its existing coverage area.

Port Jeff Village Attorney Brian Egan called the current set up, “not even close to efficient,” noting the three entities do not even operate on the same fiscal year, making budgeting for ambulance services more complicated than village officials say it needs to be.

“It creates a problem for us because the 51 percent majority can pass a budget without our say,” Port Jeff Mayor Margot Garant said during a May board meeting. The Mount Sinai Ambulance District makes up more than 50 percent of the ambulance company’s territory and is overseen by the Town of Brookhaven.

KPC Planning Services’ report summed up the goal behind the proposed change: “Operationally, the district managers must answer to three municipalities to make a capital, equipment or operational decision. The goal of the expanded district is to remove the village[s] from operational responsibility and vest the power exclusively in the Town [of Brookhaven].”

In actuality, Port Jefferson Village’s contract with the ambulance company expired in 2011, meaning the entities have continued a relationship without an official contract for seven years.

“It means no change in area, no change in service, no change in population — everything remains exactly the same,” Egan said in an interview. “The only structure that we’re changing is that we would no longer be a contracting party. It would be 100 percent exclusively in control of the Town of Brookhaven.”

Egan said residents should not expect to see any changes in their taxes, services or even the name on the side of an ambulance in the case of an emergency. Both villages have passed resolutions proposing the change, which will need to be acted on by Brookhaven before it can go into effect. Egan said he’s not sure of the timeline from the town’s perspective but hopes it is soon.

Consolidating services has been on the mind of Brookhaven Supervisor Ed Romaine (R), as the town was named the winner of a $20 million grant for its proposals as part of a New York State competition earlier this year.

“Elimination of this three-ring tangle is consistent with Brookhaven Town Supervisor Edward Romaine’s goal to eliminate duplication in districts, streamline decision making and consolidate services,” the KPC report said.

The site of McCarrick's Dairy in Rocky Point, which closed its doors in 2017, will become a 7-Eleven. Photo by Kyle Barr

The shuttered McCarrick’s Dairy, a fixture in Rocky Point for 71 years, might soon be bearing the green, white and orange colors of the ubiquitous 7-Eleven logo.

The Brookhaven Town planning board approved the plans for the new 7-Eleven at its July 30 meeting. The half-acre property, owned by Rocky Point based Dairy Farm LLC, at the northwest corner of North Country Road and Harding Street will be renovated to have 43 parking spots in front and behind the main building. Plans for the 3,800 square foot renovated structure are prohibited from including neon signage, and outdoor sales and storage in an effort to stay true to the residential nature of the area, according to recommendations by the planning board.

A number of residents view the new 7-Eleven as a major change from the old McCarrick’s Dairy, which they considered a small grocery store more so than a typical convenience store.

“A convenience store is something that is a grab-and-go,” Rocky Point resident Anita LoPiccolo said at the July 9 planning board meeting. “McCarrick’s was a family run, community supported business that encouraged community closeness.”

Charles Bevington, the president of the Rocky Point Civic Association, said he is concerned with how many convenience stores already existing in downtown Rocky Point. There are already two other 7-Elevens in the hamlet; one on the corner of Route 25A and Rocky Point Yaphank Road and another next to Westchester Drive.

“Rocky point is apparently drinking a lot of coffee,” Bevington said. “We will soon have 10 to 12 convenience stores in a matter of two miles.”

Kevin McCarrick, co-owner of McCarrick’s Dairy before it closed in 2017, said before they received an offer from 7-Eleven, they had been searching for another local business to take their place, but they could not find any potential buyers.

“We started out seeking those operators who had shops like ours, but unfortunately they are a dying off breed.”

— Kevin McCarrick

“We started out seeking those operators who had shops like ours, but unfortunately they are a dying off breed,” McCarrick said. “All kinds of stores sell all kinds of products now and it’s really diluting the product mix. It becomes very difficult to maintain margins.”

He said by not opening another shop similar to the old McCarrick’s, ultimately he was protecting the business of shops like Shop With Us in Shoreham and the Handy Pantry further down from McCarrick’s in Rocky Point.

“There is a difference between a 7-Eleven customer and a customer of those types of shops, and both those stores are doing better and will continue to do better with a 7-Eleven than even if we remained there,” McCarrick said. “It will probably do more business than our store used to do.”

Some residents were concerned about the safety and lighting at the location, citing the potential for crime and litter. McCarrick said the location already has two spotlights that light up the property as well as the adjoining residential park. The 7-Eleven will also have a 10- by 20-foot garbage enclosure and surrounding bushes and fences to prevent trash from blowing onto neighboring yards.

Some in the community are excited for the new 7-Eleven. Nancy Hoffman, a direct support professional at the Association for Habilitation and Residential Care Rocky Point residential group home facility located off Harding Street, said she and other workers at the home were looking forward to the opening of the new convenience store.

“We will be take some of the residents there, and it will just be more convenient,” Hoffman said.

McCarrick said they plan to start renovations on the store in about a month. Representatives from 7-Eleven said the location would be operated by corporate for an unspecified amount of time until they could find a person who would wish to franchise the store.

Brookhaven Town Supervisor Ed Romaine. File photo by Erika Karp

Although politicians in Brookhaven Town are not up for election this cycle, voters will be asked a question with long-term implications for town government in November.

Brookhaven Town board voted unanimously to establish a referendum on the ballot Nov. 6 asking town residents to weigh in on changes to terms in office for elected officials, specifically increasing terms from two years, as is currently the law, to four years for councilmembers, the supervisor and highway superintendent. The referendum will have a second component as part of the same yea or nay question: limiting officials to three terms in office. That component would impact the above positions, as well as town clerk and receiver of taxes. Both components will appear as part of a single proposition, according to Town Attorney Annette Eaderesto. Putting the issue up to a vote was established as a result of an Aug. 2 public hearing. If passed the law would go into effect for terms beginning Jan. 1, 2020.

“[The voters] have, in the past weighed in, and whatever they weighed in to is not being listened to now,” Supervisor Ed Romaine (R) said during the hearing. “Maybe that’s fine with them, maybe it’s not, but I would like to go back and ask them, ‘what do you think?’”

In 1993, residents voted to implement a limit of three, four-year terms on elected officials, though that law was no longer applicable following a 2002 public vote to establish council districts, as state law dictates councilmembers in towns with council districts serve two-year terms, according to Emily Pines, Romaine’s chief of staff and a former New York State Supreme Court justice, who spoke during the hearing.

Several members of the public commented in opposition of various aspects of the referendum, saying the two components should be separated to be voted on individually; there’s not enough time to untangle issues with the language of the law, like what to do with an individual who served as a councilperson for 12 years and then is elected to another position such as supervisor; and how to handle time already served by current members. Others cited shorter terms as fostering more accountability for elected representatives.

“I think it’s too complex to be one resolution,” said Jeff Kagan, a resident and representative from Affiliated Brookhaven Civic Organization. “I think you’re asking the voters to vote on somethings they like and somethings they may not like.”

Anthony Portesy, the Democrat candidate for town highway superintendent in 2017 and a private attorney, spoke against extending terms to four years, but said he would be in favor of three years because having to campaign every two years can be “arduous.”

“While I’m not opposed to the extension of terms per se, four-year terms is an eternity in politics, too long for hyperlocal town races,” he said. “We don’t want to create electoral feudalism in Brookhaven through the coercive powers of incumbency.”

Patchogue Village Mayor Paul Pontieri spoke in favor of going to four-year terms during the hearing about having to run for office every two years, saying it can get in the way of accomplishing goals set forth at the beginning of a term. Romaine and councilmembers Valerie Cartright (D-Port Jefferson Station), Jane Bonner (C-Rocky Point) and Kevin LaValle (R-Selden) each expressed similar sentiments when asked if they intend to support the idea in early July when the public hearing was set.

“You don’t have the constant churning in politics that can sometimes undermine the system,” Romaine said. “It allows for long-range planning and programs. It takes the politics out of local government.”

Eaderesto said the town’s law department will draft the wording as it will appear on the ballot in November and share it with the town board prior to submitting it to the Suffolk County Board of Elections by Oct. 1.

Brookhaven Town presented its vision for Port Jefferson Station between the train tracks and Route 347 at civic association meeting July 24. Photo by Alex Petroski

Port Jefferson Station’s future is still blurry, but the vision is beginning to come into focus.

Members of the Town of Brookhaven Planning Department were on hand at a Port Jefferson Station/Terryville Civic Association meeting July 24 to share a preliminary look and float recommendations for the revitalization of the area of Port Jeff Station between the train tracks and Route 347. Representatives of the department announced, as a result of examining both the 2008 Comsewogue Hamlet Comprehensive Plan and the 2014 Port Jefferson Station Commercial Hub Study, which were largely the product of community input in the form of mailed surveys, demand exists to create a walkable, downtown hub with buildings zoned for retail and/or restaurant use on the first floor and residential use on potentially up to a fourth floor.

The announcement also served to lay out a timeline for the next steps in the process, which will require the formation of a citizens advisory committee, the conducting of a blight study and drafting of an actual land use plan to be brought before the town as a final stage, among many others. Completion of the preliminary steps is expected to occur in 2020, at which point the town would need to approve zoning changes necessary to precede shovels entering the ground.

Town of Brookhaven, as part of its presentation July 24, laid out some of the important dates upcoming for its revitalization plans, most of which will take place in 2019. Graphic by TBR News Media.

“Patience is not a virtue, it’s a necessity for these kinds of matters,” town planning commissioner Tullio Bertoli said. “We did visioning. This is the implementation of that visioning into a full-blown land-use plan.”

The announced timeline and plans come as several violent crimes have garnered media attention, including a July incident in which a 27-year-old man from Selden was shot to death inside a billiards hall in upper Port, as well as what locals would likely characterize as an increase in delinquent activities perpetrated by the homeless population in the area.

“We want to clean the area up, this is the most efficient way right now to try to clean that area up,” civic association President Sal Pitti said during the meeting.

He and other officials in attendance stressed simply building and developing cannot be expected to alleviate all of the area’s ills.

“There are some issues that cannot be solved by building structures,” Bertoli said.

Still, Thomas Chawner, a senior planner with the town who conducted the presentation, said the community’s desire to improve public safety and decrease blight were taken into account in making the plans.

“There’s a need for better enforcement for derelict properties in the hub area,” he said. “Affordable housing — we heard loud and clear in both studies people are feeling that their children cannot afford housing. They don’t want their children to leave Long Island. They need affordable housing.”

Brookhaven Supervisor Ed Romaine (R) was also at the meeting and threw his support behind the proposal.

“I’m with the civic on this, because this community is a great community and really deserves all of our effort to make sure that it’s always going in the right direction, not the wrong direction,” he said.

A map identifying the areas set for revitalization and included in subsequent studies, taken from the July 24 presentation by the planning department.

Community members present at the meeting expressed both support and concerns relating to the presented possibilities for redevelopment. Some are worried about coordination between the interested parties — namely the community, the town’s planning department and the private developers — from the planning stage to the actual implementation stage. Others conveyed opposition to increased population density in the area and the possibility of more traffic. Those in support stressed that the combination of residential, retail and restaurant spaces would provide for the desired outcome — a vibrant, walkable downtown with feet on the streets, fostering an environment intolerant of the drug use and violence garnering the headlines in the area at present.

The plan, in addition to the physical building options, also laid out suggestions for aesthetic “streetscape” fixes that could also help to foster that desired environment, like crosswalks decorated with commissioned art and plantings hanging from light poles. Strategically placed pocket parks or passive green spaces, as well as a community center, were also listed as possible addendums to the larger plans.

Charlie Lefkowitz, who owns much of the real estate in the hub study area, said in a phone interview he has worked with the town in visioning improvement in the area and intends to continue to do so.

A blight study is expected to begin and be concluded by early 2019, which will trigger the next steps of the revitalization plan.

The Rocky Point site slated for a residential community for seniors. Photo by Kyle Barr

As drivers hurtle down Route 25A from either direction into the hamlet of Rocky Point they are met by a crossroads. If they keep straight, they will link up with North Country Road and head into the Rocky Point business district lined with shops, restaurants and services. If drivers take a right and continue along Route 25A, they circle around North Country Road, bypassing all those businesses.

It’s been the story since the bypass was constructed in the late 1990s, but it’s just one of the challenges facing business owners in Rocky Point’s commercial district as they wait to see much discussed revitalization.

“The bypass really put downtown on life support,” Brookhaven Town Councilwoman Jane Bonner (C-Rocky Point) said. “You can’t just put a bubble around Rocky Point — you can’t just freeze it in time — but I say you have to have a healthy respect for the history of it and plan your development sensitively.”

Councilwoman Jane Bonner and developer Mark Baisch stand near a Rocky Point site slated for a residential community for seniors. Photo by Kyle Barr

Revitalization has been planned for years and small steps taken, but much is left to be desired by those yearning for a vibrant downtown along North Country Road and Broadway, hoping to return back to the prosperity of the mid-20th century, when Rocky Point’s population experienced a boom and new businesses flourished. While new restaurants like the Broadway Market have created a sensation, the memory of stores that have closed down also looms, such as when in April 2017 McCarrick’s Dairy, an utter staple in the community that had been open for 71 years, closed its doors.

While Rocky Point is the only hamlet between Riverhead and Port Jefferson that has a semblance of a real downtown, its small size and limited space have led to unique revitalization issues. As also arises whenever the term revitalization gets thrown around, retaining the historical aspect of the downtown while growing it with a mind toward the future is a delicate balance.

In 2007 the Town of Brookhaven paid Vision Long Island, a nonprofit that advocates for transportation-oriented development, for a charrette about Rocky Point revitalization that was released in 2008. The plan called for a combination of retail, business and residential all in one place, much like what has been attempted in Patchogue, Farmingdale and dozens of other pockets of Long Island. That plan was rejected by the community, which felt it would destroy the small town feel of the area.

“[The Vision plan] was much too aggressive in pro-business and development,” president of the Rocky Point Civic Association Charles Bevington said. “I’m in favor of slow-growth opportunities for small businesses and restaurants. You know you can’t come in and dictate development. We have too many problems with water. We have too many problems with nitrogen in our systems.”

Eric Alexander, the director of Vision Long Island, said his organization’s plans hinged upon sewers, which the community rejected.

“They wanted goods, services and restaurants, something walkable and quaint but that was as far as they wanted it,” Alexander said. “That’s fine, but the numbers didn’t work without the sewers. Revitalization has gone in a few different directions since we left them.”

Some residents said sewers would only be a hindrance to the community’s growth.

“You can’t get the density on Broadway to support the cost of sewers,” said Linda Albo, the owner of Albo Real Estate on North Country Road. “Downtown is just not the right place for sewers.”

In 2012 and 2013 Bonner and Brookhaven secured a $1.2 million grant for road and traffic light improvements along North Country Road. It included setting up new light fixtures and fixing the curb cut along the main road’s intersection with Broadway. Yet real revitalization that would bring business flooding downtown is still a dream, even as some think its advent is just on the horizon.

Mark Baisch, the owner of development company Landmark Properties Ltd., is the latest to attempt to reinvigorate downtown Rocky Point. Its On the Common project promises 40 one-bedroom apartments for seniors inside 10 buildings located along Prince Road and King Road, just north of North Country Road. Also included are plans for a large green space along Prince Road set up for community activities such as the Sunday Rocky Point Farmers Market and a new VFW Memorial Museum right in front of the Brookhaven municipal parking lot. A quarter of the apartments will be reserved for veterans, Baisch said.

The apartments hold a distinction from other residential projects meant to stimulate downtowns. While projects in Patchogue and Ronkonkoma have tried to get young people living in space that is part residential and retail, Baisch said he hopes to do the same with the 55-and-older community.

“There is a huge need for it,” Baisch said. “There’s so many 90- to 100-year-old people living up in the hills of Rocky Point, and nobody even knows they exist. They sit in their house with the rooms closed up not knowing if they’re going to have a way to get out of the next snowstorm. It’s not a great way to live out your twilight years.”

Businesses on North Country Road have pointed to the construction of the Route 25A bypass as a detriment to growth. Image from Google Maps

Some residents are looking forward to the On the Common project with the possibility of leaving home ownership behind.

“I think it is a great idea,” Rocky Point resident Claire Manno said. “I am a senior citizen and have lived in Rocky Point for 20 years. I will have to sell my house eventually because we can’t afford it for much longer. I’d like to stay in the area if possible.”

Other community members questioned why there will only be one-bedroom apartments available.

“I became disabled two years ago,” Rocky Point resident Christine Cohn Balint said. “I have a three-story home and I cannot manage stairs. So we will be selling. But this ‘community’ will not be built for me — they won’t be ready. One bedroom only? They should offer two bedrooms also, if so I’d consider it.”

Baisch said he hopes to start construction around October.

There is hope in the community that good things are coming. The Broadway Market, which opened in March, has made a big splash. Some also looking point to plans in 2019 to start construction on the Rails to Trails project, which will create a biking and hiking path along the old rights-of-way and train rails that run parallel to the North Shore. That path will run north of North Country Road and give people walking and bike access directly into the heart of the commercial district.

“The Rails to Trails is going to have the biggest positive impact,” Bevington said. “It’s going to be along the line of walking and bicycling, and we have two bicycle shops in town that can be aided by the project. That’s really something.”

Alexander said he believes while there wasn’t community support for his organization’s plans, these upcoming projects could result in something good for the area.

“The community has to trust the change, any change that occurs,” Alexander said. “There are a lot of good people over there working in good faith — people who care deeply about the community — that’s what’s most important.”

File photo

Town of Brookhaven is harnessing the power of the sun.

Tara McLaughlin, Brookhaven’s deputy commissioner of planning, announced at the July 12 board meeting the town had received the bronze designation from SolSmart, an organization funded by the U.S. Department of Energy Solar Energy Technologies Office, which helps municipalities across the country expand solar energy options and recognizes the ones that do so. Brookhaven applied for the designation in 2017, according to McLaughlin.

“As I am a competitive person always striving to achieve more, I am confident with small changes and installation of solar panels on several town buildings, next year we will at least attain the silver award,” she said.

The deputy commissioner said the town processed about 2,000 permits for solar power installation last year and expects to process at least that many in 2018.

“The world is changing, people are realizing, why not use the sun,” Supervisor Ed Romaine (R) said.

In addition, the town is planning to install solar panels at Town Hall, the Pennysaver Amphitheater and Brookhaven Calabro Airport. The Brookhaven Industrial Development Agency, a government department that selects projects to provide financial assistance in the form of tax reducing agreements, announced July 9 it had accepted applications for economic incentives for the airport and Town Hall installations, pledging to provide $4.6 million in assistance.

A rendering of the proposed Heatherwood rental units in South Setauket. Rendering from Heatherwood

The Town of Brookhaven is in the final stages of deciding whether to allow a controversial retirement community to be constructed. 

Commack-based Heatherwood Luxury Rentals has proposed plans to build on nearly 26 acres of its more than 70-acre golf course on the southeast corner of Arrowhead Lane and Route 347. It was put on the planning board’s decision calendar at its July 9 meeting, and now they have 62 days from July 9 to render a decision.

The property at the intersection of Arrowhead Lane and Route 347 is currently a golf course. Photo by Andrea Paldy

If approved, the company would construct Heatherwood Golf at Setauket, a 55 and over community with 200 rental housing units, 403 parking stalls and additional garages. Heatherwood also plans to redesign the golf course, reducing it from 18 holes to nine. The property falls in both the Comsewogue and Three Village school districts.

John Gobler, a 48-year homeowner in Heatherwood Village South in South Setauket, attended the July 9 meeting objecting to plans for the new development having only one entryway to exit and enter, which would dump traffic onto Arrowhead Lane. He said the intersection of Arrowhead Lane and Route 347 has been a problem for several years due to the number of cars exiting onto Arrowhead and the timing of lights at the corner, where he has witnessed only four or five cars being able to go through a green light.

He questioned a traffic engineering study by Stonefield Engineering & Design, LLC conducted June 13 of the traffic volume count of cars exiting Arrowhead to Route 347. He said the company found a total of 183 cars during 7 to 9 a.m. and 141 vehicles 4 to 7 p.m. Gobler said he sat at the intersection and monitored traffic for a 20-minute period, 8:55 to 9:15 a.m. three separate days when school wasn’t in session and counted exiting cars from Arrowhead. His average was 89 for the 20-minute intervals, which would be 266 cars during the morning rush hour. He said Stonefield’s count of 183 cars over a two-hour period would mean only 31 cars every 20 minutes.

Frank Filiciotto, a traffic consultant with Stonefield, said there are always spikes in traffic, which could account for Gobler’s observation. He also said the 183 and 141 numbers represent one-hour volumes within the periods of time specified and not the entire time specified. He said the company has been monitoring traffic in the area for four years. One observation of cars entering and exiting nearby Fairfield Knolls North by the company showed a daily total of 218 cars observed during 7 to 9 a.m., 2 to 4 p.m. and 4 to 7 p.m. Stonefield broke the figures down to 60 in the morning period, 80 from 2 to 4 p.m., and 78 during the evening period. The monitored development is 0.65 miles northeast of the proposed apartments and is also age restricted. The company prorated the numbers since Fairfield Knolls has 91 more units than what is proposed for Heatherwood. He said the amount of traffic was similar to what they originally projected and should not negatively impact the area.

“The overpacking of the site with housing, adjacent to a residential neighborhood, and built on an already highly trafficked Route 347 demonstrates poor planning.”

— Herb Mones

“This isn’t assumption,” Filiciotto said. “This isn’t opinions. This is fact. We went out, and we calculated the amount of traffic Fairfield North was generating during peak hours.”

In 2014, Councilman Dan Panico (R-Manorville) sponsored the resolution for a zone change for the property from A Residence 5, which allows one housing unit for every 5 acres, to Planned Retirement Community, which would allow a 55 and over community. On Dec. 16, 2014, the town board approved by a 4-3 vote. Councilwomen Valerie Cartright (D-Port Jefferson Station) and Connie Kepert (D-Middle Island) as well as Supervisor Ed Romaine (R) dissented. 

The town board placed conditions on its zone change approval, including requiring Heatherwood owner Doug Partrick to donate 40 acres of land to the Manorville Farm Protection Area, removing a billboard at the golf course and constructing a sidewalk on the east side of Arrowhead Lane. Panico’s office confirmed the town accepted the 40 acres of property in 2015 in lieu of the Pine Barrens Credit redemption required under the Planned Retirement Community code.

Development of the golf course has faced opposition from elected officials and local civic associations since it was first presented in 2014. Cartright remains opposed to the project as it stands, according to her legislative aide Jennifer Martin. 

Herb Mones, chair of the Three Village Civic Association’s land use committee, said the civic group opposed the initial zone change for the golf course, and he said many felt it was controversial due to the town board approving it over the objections of Cartright.

“The overpacking of the site with housing, adjacent to a residential neighborhood, and built on an already highly trafficked Route 347 demonstrates poor planning,” he said.

Sal Pitti, president of the Port Jefferson Station/Terryville Civic Association, said the group still stands opposed to the development.

“The community spoke in force back when the project was proposed, and they said we don’t want it,” Pitti said. “The aspect that bothered us the most for the acceptance of the project was that a donation of land went to another council district instead of ours.”

Brookhaven Supervisor Ed Romaine and the town board have taken steps that would allow the construction of a power plant in Yaphank, complicating the status of Port Jefferson's LIPA-run plant. File photos by Alex Petroski

It’s one step forward, two steps back for Caithness Energy, LLC in Brookhaven.

After securing a win in its efforts to advance the construction of a 600-megawatt power plant in Yaphank earlier this month, Caithness Energy LLC, an independent, privately held power producer informed by Brookhaven Town its special use permit for the site expired July 15.

The special use permit, initially approved in 2014,  granted Caithness permission to build a power plant on the site, according to Town Attorney Annette Eaderesto. It was granted for two years and  one-year extensions were approved twice, which is the limit under town law.

“We’re looking into it, but believe it has no bearing and we look forward to the next steps before the Planning Board,” Caithness President Ross Ain said in a statement.

The possibility that the permit might have expired was first raised by Councilwoman Valerie Cartright (D-Port Jefferson Station) during a July 12 meeting. She abstained from voting on a motion to lift a restrictive covenant preventing the project’s advancement due to amendments made to Caithness’ original 2014 plans, which included a reduction to the plant’s output capacity and updated technology. The other five councilmembers and Supervisor Ed Romaine (R) voted to remove the covenant.

“They’ll have to file a new application for the special permit and we’ll certainly accept it,” Eaderesto said.
The town attorney noted Caithness still has a pending site plan application before the Planning Board, which would remain as such as a new special use permit is sought.

The proposed project has drawn opposition for its potential environmental impact from groups like Sierra Club Long Island and state Assemblyman Steve Englebright (D-Setauket).

In addition, Port Jefferson Village Mayor Margot Garant has spoken out against the proposal, warning the construction of a second Caithness plant could push her community “off the economic cliff.”

The village has argued a way to make good with Long Island Power Authority over its decreasingly needed plant — and LIPA’s legal contention its Port Jeff plant’s property tax value is over-assessed and has been for years — could be to increase its output capacity. If constructed, the Caithness II plant, which would be built nearby the company’s first Yaphank plant opened in 2009, could theoretically kill plans to repower the Port Jefferson plan, according to the village.

Port Jeff Village and the town have said a settlement is nearing in an eight-year-long legal fight with LIPA, that will likely result in a gradual decrease in revenue from the plant’s property taxes, which help fund budgets for the village, Port Jefferson School District, the fire department and the public library.

Hurdles remain for project, which could have environmental and economic implications

Brookhaven Town Supervisor Ed Romaine. File photo by Erika Karp

They’ve got the power.

Brookhaven Town voted 6-0 with one abstention in favor of lifting a restrictive covenant on an application by Caithness Energy LLC to construct a new, 600-megawatt energy generation plant in Yaphank at a July 12 meeting. When the board approved the independent power producer’s initial 2014 application, when it sought to construct a 750-megawatt facility, it imposed strict regulations aimed at preventing Caithness from making any changes to its plans, or face starting over from square one getting approvals. The power company asked town officials to lift the covenant for its present-day plans that feature newly available technology — which is what required the second vote, preceded by a June 26 public hearing.

Councilwoman Valerie Cartright (D-Port Jefferson Station) abstained from the July 12 vote after voting against the application in 2014, which passed 5-2. Supervisor Ed Romaine (R) voted “no” in 2014, but approved the lifting of the restrictive covenant this time around.

Councilwoman Valerie Cartright voted against Caithness’ application in 2014, and abstained from the vote to remove a restrictive covenant on the application July 12. File photo by Erika Karp

“In requiring such covenant proposed in 2015, the town board did not intend to require the applicant return for covenant amendments when technology changes or improves, or to construct a less impactful energy generating facility,” Brookhaven Town Attorney Annette Eaderesto read from her office’s findings on the matter. “In fact, the town board finds that in consideration of the health, safety and welfare of the residents of the town, the town shall not regulate or restrict the technology that may be used by the applicant.”

Caithness President Ross Ain said in a statement the company was pleased to hear the town had repealed the restriction.

“We now look forward to consideration and approval of the site plan filed with the Planning Board for what will be the region’s cleanest, most fuel-efficient, and most water-conserving power plant,” Ain said.

Cartright explained she was abstaining from the vote to repeal the restrictive covenant because she thought a vote to either approve or disapprove of Caithness’ entire application would be more appropriate. She also raised a concern about the special use permit issued to Caithness in 2014, which according to her interpretation of town law, expired July 15, 2018.

“That’s under consideration,” Eaderesto said of Cartright’s concern in a phone interview.
The town attorney said she expected the Planning Board to decide if Caithness will be required to reapply for the special use permit for the Yaphank site this week.

Don Miller, a spokesman for Caithness Energy, did not respond to a question raised by email regarding Cartright’s suggestion the company’s special use permit expired Sunday.

Caitness’ renewed request comes as Port Jefferson Village and the town have said a settlement is nearing in an eight-year-long legal fight with Long Island Power Authority over the utility company’s contention its Port Jeff plant’s property taxes are over assessed based on the decreasing energy demand. The settlement would smooth the impact of a potential substantial loss of revenue for the village, Port Jefferson School District, Port Jefferson Free Library and Port Jefferson Fire Department based on a reduced assessment of the plant. It would also prevent the village from being held liable for years of back pay should it have chosen to play out the legal battle in court and lost rather than settling the case. The village has argued a way to make good with LIPA over its decreasingly needed plant could be to increase its output capacity. If constructed, the Caithness II plant, which would be built nearby the company’s first Yaphank plant opened in 2009, could theoretically kill plans to repower the Port Jefferson plant.

However, according to Ain, as of June 26 LIPA has made no commitment to purchase power from the company should a second facility be constructed in Yaphank. It does purchase power from the first Caithness plant.

“The construction of a Caithness II facility will have the inevitable effect of pushing our community off the economic cliff.”

— Margot Garant

The June 26 public hearing drew comments from those in favor of the proposal, many of whom being Longwood school district residents who would likely see a reduction in property taxes, similar to what Port Jeff residents enjoy currently for housing the Port Jefferson Power Station. Environmental groups and other residents opposed the plan, as did Port Jefferson Village Mayor Margot Garant and state Assemblyman Steve Englebright (D-Setauket), who each submitted statements to be read into the record by Cartright against the proposal and urging the board to vote it down June 26.

“The construction of a Caithness II facility will have the inevitable effect of pushing our community off the economic cliff at the end of the proposed period of gradual reductions, while leaving us to deal with an enormous, closed, unusable industrial site which will need serious environmental remediation,” Garant said in her letter read by Cartright. The mayor said she has sent a similar inquiry to the town board as was raised by Cartright regarding the life of the applicant’s special use permit, though has yet to hear back from Brookhaven.

A representative from Sierra Club Long Island, a local chapter of the national nonprofit dedicated to environmental advocacy, spoke out against Caithness II during the June 26 hearing.

“The Sierra Club strongly opposes any attempt to construct a new gas plant on Long Island, and we oppose the Caithness II proposal regardless of the technology involved,” said Shay O’Reilly, an organizer for the nonprofit. “It is absurd to argue that building more fracked gas infrastructure will allow us to meet our clean energy and pollution reduction goals.”

This post was updated July 17 to include comment from Port Jefferson Village Mayor Margot Garant.

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