Government

A rendering of the Overbay apartment complex. Image from The Northwind Group

By Kevin Redding

A new, 52-unit apartment complex being built in Port Jefferson Village this spring just got a financial boost from the town.

The $10.8 million project, which will be called Overbay, was recently approved for a package of economic incentives that includes sales tax exemption and payments in lieu of taxes, or PILOTs, by the Town of Brookhaven Industrial Development Agency.

During a Jan. 10 meeting, members of the IDA board announced the approval for the Hauppauge-based development company, The Northwind Group, to construct the 54,000-square-foot “nautical-style” apartment building on the now-vacant site of the former Islander Boat Center building on West Broadway, which was demolished by the company in February. The IDA received Northwind’s application in 2015.

Overbay would stand as the third new apartment complex built in the village in recent years. With the IDA’s assistance, it is expected to have considerably lower rent costs than the others in the area, according to Lisa Mulligan, IDA chief executive officer.

Prices for the units have not been established yet. When Northwind managing member Jim Tsunis received approval by the village building and planning department for the apartments in 2015, he estimated rents would range between $1,800 and $2,200 a month, Mulligan said.

“Just in general, the need for affordable rental housing in the Town of Brookhaven is well documented and significant, so our IDA board of directors felt this was a project that would help fill that need,” Mulligan said, adding Overbay will be especially helpful for college students and seniors. “The clientele is anybody who is looking to move out of their home and into something that’s a little easier to upkeep. There aren’t enough legal rentals that are [affordable]. A development like this one provides that option.”

Frederick Braun, chairman of the IDA, spoke of Overbay’s benefits in a press release.

“This project will bring much-needed rental housing to an area near to Stony Brook University and Port Jefferson’s Mather and St. Charles hospitals and spur additional spending in the village and the town,” he said.

The complex is also expected to create two permanent jobs — Mulligan speculated perhaps a rental agent and a building superintendent — and 150 construction jobs over a two-year period. IDA financial incentive agreements typically require the creation of jobs, both permanent and construction related.

Tsunis said the incentives will help Northwind offset the Islander Boat Center building’s $200,000 demolition costs.

“It’s going to enable me to spend more money on the building, so the end result is there will be a better product for the residents of Port Jefferson,” Tsunis said. “It’ll definitely bring people into the downtown area that will spend money at the local shops.”

Community response has long been mixed on the project, even within the village board.

Overbay’s eastern neighbor, The Shipyard apartment complex, which was constructed by Tritec Development Group, opened in January. That project secured a financial assistance package from the Suffolk County IDA and will make PILOT payments to the village for 15 years in lieu of property taxes.

The influx of new village residents without the benefit of increased property tax revenue has been a point of contention for property owners.

“I think it’s a real disaster for the village that they were able to get this financial assistance,” 30-year village resident Molly Mason said in a previous interview, referring to The Shipyard. “It’s like we’re giving away the store.”

Village Mayor Margot Garant and the board of trustees previously opposed the financial assistance granted to Tritec.

A year after millions of Americans participated in women’s marches across the U.S. following the inauguration of President Donald Trump (R), Long Islanders are still rallying to raise their voices — and signs — with the hope that elected officials in Washington, D.C., will hear their cries.

On Jan. 20, women, men and children gathered on the southeast corner of routes 347 and 112 in Port Jefferson Station for the 2018 Women’s March Rally Long Island: A Call to Reclaim Our Democracy. Despite a similar event taking place in New York City, hundreds from Suffolk and Nassau counties chose the Port Jeff Station event organized by grassroots activist groups Long Island Rising and the North Country Peace Group. In 2017, the Women’s March held at the same location drew 2,000 participants, according to a press release from the organizations. This year’s event once again gave residents an opportunity to voice their concerns about women’s rights, the environment, immigration and many more issues facing Americans.

Kathy Lahey, a founding member of Long Island Rising, said she felt hopeful about the future after seeing so many women in attendance, and she hopes elected officials will hear their concerns.

“Women are going to step up to the ballot box in November and [beyond] and create a country that works for all of us, not just a few.”

— Kathy Lahey

“To me it’s billionaires and the corporations and very few people that are getting their way right now, and people are suffering,” Lahey said. “Women are going to step up to the ballot box in November and [beyond] and create a country that works for all of us, not just a few.”

Susan Perretti, a member of the North Country Peace Group, was also optimistic after the rally.

“It is clear that status quo is not going to fix the mess America is in,” Perretti said. “And with the marches and rallies this past weekend, I feel confident that we are ready and willing to do what it takes to bring back the America of compassion for the poor and vulnerable, of respect for the dignity of all people, the America of inclusion not exclusion.”

Margaret Allen, minister of the Unitarian Universalist Fellowship at Stony Brook, attended the event with 25 congregants from her church.

“I was in New York City last year for the march, and this is nothing compared to that in terms of people, but in our relatively conservative area, this is a good turnout,” Allen said. “And, we are getting a lot of people honking.”

At times, the cheers of participants and honking from drivers passing by drowned out the voices of guest speakers such as former Suffolk County legislator and congressional hopeful Vivian Viloria-Fisher and Tracey Edwards, former Huntington councilwoman and Long Island regional director of the NAACP New York State Conference.

Leslie Luft, owner of Absolute Yoga Studio in Woodbury, said she traveled to the Suffolk County event with teachers and students from her school, choosing it over the New York City rally.

“We came out here to stand up for women’s rights,” said Elyce Neuhauser a teacher with Absolute Yoga Studio. “We came to stand up for human rights, to support each other, to create a peaceful community and country.”

Maryanne Vogel said she was glad the group made the trip from Nassau County to exercise their rights in a peaceful way.

“It’s just wonderful to see all the people out here — men, women and children,” Vogel said. “And, the honking of the horns, it just makes me feel good to be an American today, and an American woman.”

Dan Cignoli, of Coram, who attended last year’s event in Port Jeff Station, said he is politically active because he believes people need to do something about an administration he feels is at war with Americans. He found this year’s gathering invigorating.

“The Women’s March last year and this year has brought out the activists in everybody,” Cignoli said. “It’s wonderful to see.”

“The Women’s March last year and this year has brought out the activists in everybody.” It’s wonderful to see.”

— Dan Cignoli

Across Route 347 on the northeast corner, about a dozen people stood with American flags and pro-Trump signs. Howard Ross and Heather Martarello, members of the North Country Patriots who stand on the corner of Route 25A and Bennetts Road in East Setauket every Saturday morning to show support for Trump, said it was important for them to be there.

Ross, who served in Europe during the Vietnam War, remembered coming home in 1963 in his uniform and being spit on. He said for him it’s important for people to participate in events such as the rally, even if they are on the opposing side, and voice their opinions. Ross said he has two granddaughters and sees how much the country has negatively changed since he was a child in the 1950s.

“I get upset for them that’s why I feel we have to do more for this country,” Ross said.

Martarello said when she first arrived on Saturday the size of the crowd on the southeast corner seemed daunting to her but she said the rally was a peaceful one.

“They are entitled to express their opinions, and we want to express ours,” Martarello said. “Not only to get our voice out but to reach out to people going past, who when they see that huge crowd on the other side, and think, ‘Wow, there are so many people there, everybody thinks that way.’ But, then they see us, they say, ‘No, everybody doesn’t think that way. See, there are people who think like us.’ They realize a lot of people feel the way we do.”

Back on the southeast corner, Cindi DeSimone, of Farmingville, who attended the event with her 5-year-old twins Jake and Kate, said she attended similar rallies in the past, but this was the first time she brought her children. While Jake held a sign that read, “Boys will be boys” with “boys” crossed out and replaced with “good people,” Kate held a sign with the same sentiment about girls.

“I think that the times are scary, and I only hope that we have something to leave to our future generations,” DeSimone said. “I think everybody can do one thing. What I’m doing is trying to teach [my children] to be good stewards of the environment and be respectful of each other.”

This post was updated on Jan. 24 with the full story.

Deer rutting season means more of the animals running out on local roads. Photo by Rohma Abbas

An East Quogue-based hunting group is taking aim at Smithtown town code that regulates the use of firearms, including longbows.

Hunters for Deer filed a lawsuit against the Town of Smithtown in New York State Supreme Court last month, claiming the town’s required firearms code is illegal and inconsistent with state regulations set by the Department of Environmental Conservation.

“The town is stepping on the DEC’s toes,” said Michael Tessitore, president of Hunters for Deer. “We are saying that we already have laws being regulated by the DEC, the town is muddying the waters.”

Tessitore said he and his fellow hunters take issue with the town’s definition of a firearm because it differs from the DEC’s definition and increases the required setback, or distance hunters can be from a dwelling.

Under Section 160 of town code, Smithtown defines a firearm as “a weapon which acts by force of gunpowder or from which a shot is discharged by force of an explosion, as well as an air rifle, an air gun, a BB gun, a slingshot and a bow and arrow.” It was last updated in January 1990.

By comparison, the DEC’s regulations recognize rifles, pistols, shotguns and specific types of airguns as firearms, but doesn’t include longbows which are used for deer hunting.

Due to this difference, Hunters for Deer is suing saying the Town of Smithtown’s required 500-foot setback from the nearest dwelling to discharge a firearm is illegal, citing that New York State reduced the setback for longbows from 500 to 150 feet in 2014.

The difference in the laws illegally restrains hunters from shooting deer within Smithtown or face possible prosecution, according to the lawsuit filed Dec. 7, and denies them their civil right to participate in hunting activity.

“I have a lot of property owners from Smithtown who call me and ask me to hunt their property, but when they find out the setback they don’t want to do it,” Tessitore said. “It causes the property owners to not want to cause any conflict with their community and get tickets for an otherwise legal activity.”

Christian Killoran, a Westhampton Beach attorney representing Hunters for Deer, sent a letter to the Town of Smithtown advising it of the issues with its code, according to Tessitore, but no action was taken.

Nicole Garguilo, newly appointed town spokeswoman, said that town attorney Matthew Jakubowski was unable to comment on pending litigation.

The town’s response to the lawsuit filed Dec. 18 stated the town was advised of the hunting organization’s position, but its “actions were lawful and within statutory constitutional authority.”

Tessitore said his group previously filed a lawsuit against the Village of Sag Harbor when it attempted to make a law that would have banned hunting within its borders, getting village officials to revisit and later change it. Tessitore said he hopes this lawsuit will have similar effect on the Town of Smithtown, causing town offices to amend town code to be more inline with the state DEC’s regulations.

“The only way to get a municipality’s attention is through a lawsuit and let a court decide who is right and who is wrong,” he said.

Engineer Charles Voorhis describes the planned community dock in Poquott and answers residents’ questions at a Jan. 5 planning board meeting at Emma Clark Library. YouTube screenshot from Village of Poquott

While the divisiveness over a proposed community dock in the Village of Poquott may be lessening, some are keeping a watchful eye on the plans.

A handful of residents attended a Jan. 5 village planning board meeting at Emma S. Clark Public Library to hear a presentation given by village engineer Charles Voorhis. The managing partner of Nelson, Pope & Voorhis was on hand to discuss the design of the proposed dock, which is planned for California Park at the end of Washington Street.

Voorhis said the proposed fixed dock would be 128-feet long and 4-feet wide, and at the end, would include a landing area measuring 6-feet wide. The engineer said the dock will include water service, solar panel-powered rail lighting for nighttime and an ADA access ramp made of concrete.

During high tide, a beachgoer could walk up the stairs on the north side and down the stairs on the south side, according to Voorhis, and during low tide villagers could walk underneath. There will be a 30-foot gangway that will serve as a transition from the dock to a 30-by-8 foot float which will make it easier to get into boats, especially smaller recreational crafts.

“I will say that this is a very straightforward installation,” he said. “It’s very similar to what you see for recreational piers for residential homes around the harbor.”

“It’s very similar to what you see for recreational piers for residential homes around the harbor.”

— Charles Voorhis

Ted Masters, interim planning board chairman, said the design meets the criteria described in Chapter 64 of the village code. At a Oct. 26 public hearing, the village trustees made amendments to the chapter per suggestions made by the planning board. According to the Oct. 26 meeting’s minutes, the required water depth to build a dock was changed from 4 feet to 3 ½ feet, and the width of the dock was changed from not to exceed 3 ½ feet to 4 feet and may exceed where needed to become compliant with the Americans with Disabilities Act. Voorhis said the depth of the water is taken into consideration to ensure any floats for the dock will not rest at the bottom of the waterway and 3 ½ feet is adequate.

After the engineer’s presentation, the meeting was open for public comments and questions.

“I’m just concerned about people who have difficulty maneuvering, putting steps in their way,” Cindy Davis said, after asking if there would be railings, which Voorhis said there would be.

Another resident asked what can be done to prevent icing on the dock. Voorhis said the village is addressing whether or not the dock will need bubblers, which circulates water when there are freezing conditions, and the village is looking into options as far as powering them if needed.

Roger Flood, of Poquott, asked how the dock would be moved and stored in the winter. Voorhis said large cranes are used in many areas including Port Jefferson Harbor, and he suggested an upland location for storage either in the parking lot, since its not used as much in the colder seasons, or a grassy area.

After the Jan. 5 meeting, board trustee Jeff Koppelson said in a phone interview there has been less public debate about building a community dock, a topic that disrupted prior meetings as many questioned the financial impact of installing one.

“The board of trustees are very conscious of what we have to do to keep an eye on the money angle,” he said, adding a notice was recently posted on the village’s website regarding costs.

The board is looking into a five-year bond for $150,000, according to the post, and the payments would be $32,475 per year. The first two years could be paid off if the board approves the moving of $50,000 from the fund balance plus the $16,160 from the Poquott Village Community
Association.

In order to pay the remaining balance of the bond, there would be a tax increase for each household of $80 per year for three years. There would also be the maintenance cost of the dock at $2,075 a year for the village, which would include general maintenance, the floats being removed from the water in the winter and additional insurance.

A few in attendance questioned whether enough or proper notice was given regarding the Jan. 5 meeting. Masters said another public planning board meeting regarding the dock is scheduled for 7 p.m. Jan. 29 at Poquott Village Hall. Residents can also send comments to village hall if they are unable to attend. Dock plans and minutes from past meetings are available for viewing at Poquott’s village hall and posted on its website.

Smithtown resident Tom Lohmann takes the oath of office after accepting appointment to Smithtown Town Board. Photo by Kevin Redding

By Kevin Redding

To the surprise of some residents at a Smithtown board meeting last week, Tom Lohmann was sworn in to the town council position he ran unsuccessfully for in November.

Supervisor Ed Wehrheim (R), whose campaign team included Lohmann and Nesconset resident Robert Doyle, said in a statement that after “vetting multiple candidates” and sifting through four resumes, Lohmann emerged the clear winner based on his credentials.

Lohmann, a Smithtown resident, is a former member of the New York City Police Department and current investigator for the county district attorney’s  insurance crime bureau. Wehrheim said the new counilman has shown an ability to maintain confidential information, a knowledge of town laws and codes, and a deep understanding of what the residents want.

“I did not feel there was a rush to appoint anybody.”

— Lynn Nowick

“Ultimately, the deciding factor was in choosing an individual who would work the most cohesively together with the entire town council,” the supervisor said.

But not everyone agrees with the town board on this decision, including one of its own.

Councilwoman Lynn Nowick (R) abstained from voting on the appointment Jan. 9, saying she felt as though there should have been a more thorough vetting process. The councilwoman said she felt there should have been open interviews conducted with all interested candidates during one of the board’s work sessions.

In fact, Nowick said “there was no process” or any townwide notification that the council was accepting resumes for the position. She also said she wanted to hear community input before a decision was made.

“I did not feel there was a rush to appoint anybody,” Nowick said. “It was only Jan. 9. I’m certain we could’ve survived for a few weeks … I would like to have met as a group and interviewed [prospective candidates].”

Among those who spoke out against Lohmann’s appointment was Robert Souto, of Nesconset. Souto said he felt the position should have gone to Democrat Amy Fortunato instead as she placed third in the general election, behind the two incumbents, receiving 17.6 percent of the votes. He asked board members “what was going on” with their decision to appoint Lohmann.

“This is out in public now and it just doesn’t look good,” Souto said. “It seems to be tainted. It’s not a good way to start out.”

Ed Maher, chairman of the Smithtown Democratic Committee, said to the best of his knowledge, there was no official request by the town for applications to fill the position and he was never contacted about a vetting process.

He said Fortunato sent her resume in for consideration, but did so unsolicited, separate from the Democratic committee. Fortunato said she didn’t receive any response from Wehrheim or the town after submitting her resume.

“I think that the Republicans in town made the decision that Tom Lohmann was going to be appointed and they went and did it,” Maher said. “I don’t want to see the town return to where the town’s Republican Committee seems to be making the decisions of who gets to be in town government.”

“This is out in public now and it just doesn’t look good. It seems to be tainted. It’s not a good way to start out.”

— Robert Souto

The party chair said he is hopeful that the Democratic party will be represented on the town board after the town council elections this November.

Joseph Saggese, a St. James resident and Certified Public Accountant, also submitted an application for the open town board seat. Saggese has served on the Smithtown Central School District’s board of education for seven years and has been on the Smithtown Board of Ethics for six years. A registered Republican, Saggese said he was encouraged by other Smithtown Republicans to apply.

“I spoke with Ed Wehrheim and he told me he was going with Lohmann,” Saggese said. “He has a loyalty to the guy that ran with him. I understand loyalty, but there are other ways to repay loyalty. I wish him and everyone else luck though.”

Nicole Garguilo, town spokeswoman, said Lohmann was appointed because he brought a much-needed law enforcement background to the table. She said it was felt he will be an asset when it comes to interacting with the 4th Precinct, emergency medical services and tackling the opioid problem.

Lohmann has been appointed to serve through Dec. 31,  and will have to run a campaign for re-election this November if he wishes to serve the remaining year of Wehrheim’s council seat from Jan.. 1 to Dec. 31, 2019.

U.S. Rep. Lee Zeldin tours Elsie Owens Health Center in Coram before a press conference in which he called on Congress to reauthorize CHIP. Photo from Zeldin's office

By Alex Petroski

Political gridlock is nothing new in Washington, but if an agreement on a federal funding bill isn’t reached by Jan. 19, this time children’s health will be at risk.

In September, the Children’s Health Insurance Program expired, and Congress passed a short-term funding bill just before Christmas to keep the federal government funded through this Friday. The program, also known as CHIP, is a service that provides low-cost health coverage to children in families that earn too much money to qualify for Medicaid. Originally enacted in 1997, CHIP provides matching funds to states for health insurance to families with children. It was slated to run for 10 years, but has since been reauthorized on several occasions since 2007. In 2016, almost 9 million children were enrolled in the program, according to Medicaid.gov. The program covers routine check-ups; immunizations; doctor visits; prescriptions; dental and vision care; and emergency services for enrollees. In November, the House passed a five-year reauthorization bill to keep the program running, but it never reached the Senate floor.

U.S. Rep. Lee Zeldin (R-Shirley) urged lawmakers to pass a bill reauthorizing funding for the program, which also provides funding for community health centers, during a press conference Jan. 12 at Elsie Owens Health Center in Coram. A long-term bill will need to be passed to keep services like CHIP running for the remainder of 2018.

“These essential programs provide millions of children, veterans and individuals with the healthcare services they need,” Zeldin said. “In New York alone, CHIP provides health insurance for 300,000 New York children, while nearly 2 million New Yorkers rely on Community Health Centers for their health care services. On behalf of the millions of New Yorkers who rely on CHIP and Community Health Centers, we must reach across the aisle and work together to preserve these vital programs.”

Although more political debates will likely ensue on other issues pursuant to funding the government through the end of the year, Zeldin said he doesn’t expect reauthorization of CHIP to be used for bargaining by either political party.

“I do not expect to see a partial shutdown after next Friday, so everyone anticipates the funding to continue, but this also presents an opportunity to add the reauthorization language into the next funding bill,” Zeldin said in an interview after the event. “It’s two parts that have been running on different tracks. However, I believe that there is an opportunity here to add the reauthorization language to get it through the House, through the Senate, signed by the President — and reauthorization done.”

New York’s U.S. Sens. Chuck Schumer (D) and Kirsten Gillibrand (D) have each stressed the importance of renewing CHIP as part of larger federal funding discussions.

“We have two weeks to negotiate a budget deal that must also address a host of other items, #ExtendCHIP, community health centers, disaster aid, and of course, the #Dreamers,” Schumer said in a Jan. 3 tweet.

HRH Care Community Health President and Chief Executive Officer Anne Kauffman Nolon, Elsie Owens Health Center Medical Director Nadia Arif and Brookhaven Memorial Hospital Medical Center President and CEO Richard Margulis were among the healthcare professionals in attendance who applauded Zeldin’s calls for funding.

“Not extending the funding for these vital programs could have a devastating effect on both our population, and BMHMC, which also faces potential cuts as a Disproportionate Share Hospital,” Margulis said.

According to the Congressional Budget Office, five-year reauthorization of CHIP would cost $800 million over a 10-year period.

Town to send letter to New York State comptroller asking for review of town's finances

Huntington Supervisor Chad Lupinacci. File photo by Sara-Megan Walsh.

A request by Huntington’s new town board to have the state comptroller review the town’s finances was met with criticism.

Huntington Town Board voted 4-1 at its Jan. 3 meeting to go forward with a request to New York Comptroller Thomas DiNapoli (D) to conduct a review and audit of the town’s finances, policies and procedures. Councilman Mark Cuthbertson (D) was the sole vote against the measure.

“I just think this is a ridiculous waste of taxpayer money,” he said. “I think it’s a shot at the prior administration that had healthy financials and won a number of awards each year for the records we keep and our finances.”

In December, the Town of Huntington received its 17th consecutive certificate of achievement for excellence in financial reporting from the Government Finance Officers Association.  The nonprofit professional association serving nearly 18,000 government financial professionals across North America, had reviewed the town’s comprehensive financial report for the year ending Dec. 31, 2016.

I just think this is a ridiculous waste of taxpayer money.”
— Mark Cuthbertson

Councilman Eugene Cook (R), who sponsored the audit resolution, denied that it was a strike against former Supervisor Frank Petrone (D) and his practices, but rather a way to provide for a fresh start.

“Any business owner knows if they are buying a new business and going into a new business, they want to check all the records,” he said. “It’s as simple as that.”

Cuthbertson suggested given the lengthy time and funds it would require for the state to audit the town, the new administration and town officials would be better served by studying the town’s yearly internal audits performed by an outside contractor.

Cook sponsored a similar resolution in 2012 calling for state review, but it failed to gain the board’s approval. Petrone then offered a revised resolution that was approved, and ultimately resulted in a 2013 audit conducted by the state comptroller.

The 2013 audit report, which reviewed the town’s finances from Jan. 1, 2011, to May 31, 2012, found issues with the town’s ability to track overtime hours and paid leave for town employees adequately.

“We found that the town may have higher payroll costs than necessary because town officials did not monitor and control these costs,” states the 2013 audit’s summary findings.

Any business owner knows if they are buying a new business and going into a new business, they want to check all the records.”
— Gene Cook

The state comptroller’s office also found the town was awarding contracts to attorneys without going through the standard bidding process and then paid without providing detailed invoices in some cases. Recommendations were made and discussed between state and Huntington officials on corrective actions to be made.

“While serving as an affirmation of the policies that have helped Huntington maintain its AAA bond rating, we also appreciate the audit’s insight on how to make Huntington’s government operate even more efficiently,” Petrone had said in his response to the 2013 audit. “We will consider changes to implement the recommendations we have not already put into place.”

Councilwoman Joan Cergol (D), who worked for the town prior to 2013 and was sworn in to sit on the town board this month, voted in favor of requesting the state comptroller’s office perform an audit, though she said the measure was not necessary.

“I welcome an audit, but I don’t think it’s going to happen,” the councilwoman said. “If there is one, I think it will prove we run a tight ship.”

Supervisor Chad Lupinacci (R) said the resolution merely sends a letter to the state comptroller’s office to review the town’s financials “if they feel it is necessary,” to indicate the town would be both willing and cooperative in the process.

6,000-square-foot home would be built on Cuba Hill Road in Greenlawn

A conceptual rendering of the proposed K.I.D.S. Plus adult group home in Greenlawn. Photo from Facebook

By Sara-Megan Walsh

A Northport advocate and Cuba Hill Road residents will have additional time to reach an understanding over a proposed Greenlawn adult home.

Huntington Town Board voted to unanimously Jan. 3 to extend the time to make a decision on whether K.I.D.S. Plus Inc. should receive a special use permit to operate an adult home off Cuba Hill Road for those with physical and developmental disabilities age 21 and over.

Dozens of residents have spoken up with concerns about the proposed 6,000 square-foot building since the town’s Oct. 17 public hearing, citing concerns about traffic, landscaping, overall size of the home and density of group homes in the area.

“The homes tend not to be very large; the properties are large, that’s why we like to live there,” said Taylor McLam in October, a Cuba Hill Road homeowner who said his residence is approximately 1,200 square feet by comparison. “Seven times the size of my house seems a little much.”

Cuba Hill resident John Wilson presented the town with a petition signed by approximately 30 residents at their Jan. 3 meeting.

“One of the conditions is it shouldn’t change the character of the neighborhood,” he said. “This neighborhood is a section of Cuba Hill Road between Manor and Little Plains Road, that isn’t very built up. The houses are generally on more than an acre.”

A conceptual sketch of the interior layout of K.I.D.S. Plus proposed Greenlawn home for individuals with physical and developmental disabilities. Rendering from K.I.D.S. Plus.

K.I.D.S. Plus founder Tammie Murphy Topel, a Northport resident, said she has hosted two community meetings since October 2017 to hear and address the Greenlawn residents’ concerns, in addition to one-on-one meetings. Based on their feedback, Murphy Topel said she’s made revisions to her proposed building plans.

“We want to know what’s going on in the community, we want to be good neighbors,” she said. “We don’t want to be adversarial in any way.”

One of the most cited issues, according to Murphy Topel, was the appearance of the originally planned 26-foot-wide driveway for vehicles. After speaking with Huntington officials, changes have been made to narrow that to 20 feet, the width of a standard two-car
garage, according to Murphy Topel.

She said significant work has been put into the landscaping of the outside of the building, sharing an artistic rendering showing a variety of indigenous trees planted postconstruction to help obscure view of the building from Cuba Hill Road and its neighbors. The outdoor lighting will feature gooseneck barn lamps to direct the light downward instead of out, according to
Murphy Topel, with some subtle ground lighting along the driveway.

Murphy Topel hopes to share these new renderings and changes with concerned Greenlawn residents at a community meeting set for Jan. 19, from 7 to 9 p.m. at Harborfields Public Library. She said she has invited all town board members, town planning officials and any residents.

One thing she won’t consider is downsizing the 6,000-square-foot size of the home featuring suites for eight individuals, she said, which is all one level.

“These are people with disabilities looking at this as a forever home,” Murphy Topel said. “We are looking into the future when there will be ambulatory issues. We don’t want them to be navigating stairs.”

Even the K.I.D.S. Plus founder had to admit though, the parcel she purchased  on Cuba Hill Road is less than ideal for constructing the home, due to its hilly nature, the amount of grading and retaining walls that will be required.

“By designation in the [town] code, we have to have a two-acre piece of property and in the town of Huntington, there’s not a whole lot of two-acre pieces of property that are affordable,” Murphy Topel said. “If someone else can find me a two-acre piece of property for $400,000, I would take it, flip this land and build elsewhere.”

New law closes loophole to permanently ban replacement of old, primitive cesspool technology to reduce nitrogen levels in water

Suffolk County Executive Steve Bellone, center, displays the new county law banning the updating or instillation of primitive cesspools and the technology associated with them, as he’s surrounded by local leaders and environmental group organizers during a press conference. Photo from Suffolk County Executive Steve Bellone’s office

Repairing old cesspools is now a thing of the past in Suffolk County.

As part of an ongoing effort to improve water quality on Long Island, Suffolk County Executive Steve Bellone (D) signed into law a ban on installing new cesspools, ending the practice of grandfathering inadequate
sanitary system fixes with the now-primitive technology.

“It marks another historic step forward in our ongoing effort to reverse decades of nitrogen pollution that has degraded water quality in our lakes, bays and harbors, and it is a step that is long overdue,” Bellone said. “It is fairly unusual for the local governments, environmental groups and the region’s largest builders group to agree on the importance of tightening up outdated regulations to protect water quality, but that is exactly what happened in this instance. This inclusive, collaborative approach is making a huge difference in our efforts to reduce decades of nitrogen pollution.”

Cesspools have been identified as primary sources of nitrogen pollution that have degraded water quality throughout Suffolk County, contributing to harmful algae blooms, beach closures and fish kills. The use of cesspools in new construction has been banned in the county since 1973, when a requirement for the addition of a septic tank was added, but the county sanitary code did not require that homeowners add a septic tank when replacing an existing cesspool, making it legal to install a new cesspool to replace an existing one. By now closing this loophole, it will advance the water quality efforts undertaken by the county and set the stage for the evolution away from the use of nonperforming cesspools and septic systems to the use of new, state-of-the-art technologies that reduce nitrogen in residential wastewater by up to 70 percent, according to Bellone.

“With this action, I would like to say that we, as a county, have adopted the policies necessary to adequately address our region’s nitrogen pollution problems, but in reality, this gets us closer to where we should have been in the decades following 1973,” said county Legislator Kara Hahn (D-Setauket), a co-sponsor of the Article 6 revisions and chairwoman of the Suffolk County Legislature’s Environment, Planning and Agriculture Committee. “I look forward to continuing the process of finally bringing Suffolk County’s sanitary code into the 21st century.”

In addition to banning the installation of new cesspools, the law approved by the Suffolk County Legislature Dec. 5 requires the wastewater industry to provide data regarding system replacement and pumping activities to the Department of Health Services beginning July 1, 2018. It also mandates permits for replacement of existing systems effective July 1, 2019, and requires business properties with grandfathered nonconforming wastewater flows to install nitrogen-reducing advanced systems if making significant changes to the use of the property.

Adrienne Esposito, executive director of Citizens Campaign for the Environment, joined forces with other environmental group leaders in thanking the county for what was a necessary step in eliminating nitrogen from groundwater.

“We can no longer allow inadequately treated sewage to mix with our sole source of drinking water,” she said. “Modernizing our health codes is a commonsense action that is critically needed for water protection.”

Richard Amper, executive director of the Long Island Pine Barrens Society, said he was overjoyed by the “huge step,” ending pollution by what he called Suffolk’s No. 1 threat to clean water.

“Now, we’re not just complaining,” he said. “We’re doing something about it.”

For the past three years, Suffolk’s Legislature has instituted a pilot program to test the new technologies, using a lottery system to select homeowners willing to have a donated system installed to demonstrate system performance. Under the pilot program, a total of 14 different technologies have been installed at 39 homes throughout the county. Four have been provisionally approved for use after demonstrating six months of acceptable operating data. As part of continued efforts, a voluntary Septic Improvement Program, the first of its kind in the state, was launched in July 2017 to provide grants and low-interest financing to make the replacement of cesspools and septic systems with new innovative/alternative technologies affordable for homeowners who choose to upgrade their systems. Over the first five months, nearly 850 homeowners have registered for the program, 228 have completed applications and 160 have been awarded grants and are moving toward installation of the new systems.

Suffolk County was the first in the state to apply for funding from New York State’s newly created $75 million Septic System Replacement Fund and will use the funding to expand its efforts to see the new technologies installed throughout the county.

The changes are the first in what is expected to be a series of updates to the county sanitary code over the next several years as county officials consider whether to put in place policies that require new nitrogen-
reducing systems in new construction projects, require installation of the new systems when a cesspool or septic system fails and needs to be replaced, or upon sale of a property. For now, all parties involved are on the same page moving forward, including both a working group comprised of county legislators, town planners and engineers with members of environmental organizations, as well as the Long Island Builders Institute.

“There is more work to do,” said Kevin McDonald, conservation finance and policy director for The Nature Conservancy on Long Island. “But passage of this bill means less nitrogen pollution in our water, and more resilient, healthy bays and people for generations to come.”

Smithtown resident Tom Lohmann takes the oath of office after accepting appointment to Smithtown Town Board. Photo by Kevin Redding

By Kevin Redding

In Smithtown, a new year brings with it new chances.

Almost two months after Tom Lohmann (C) was trounced in the race for Smithtown Town Board, the former New York City Police Department member was sworn in to fill the vacant council seat left by new supervisor, Ed Wehrheim (R).

Lohmann, 60, a special investigator for the Suffolk district attorney, came in sixth place receiving 9.31 percent of the votes as candidate on the Conservative ticket Nov. 7. He was appointed councilman at the Jan. 9 town board meeting.

His appointment officially took effect Jan. 10, and he will serve through Dec. 31. Lohmann will need to campaign in November if he wishes to fill the remaining year of Wehrheim’s term through December 2019.

Tom Lohmann. Photo by Johnny Cirillo

“I wasn’t expecting this,” Lohmann said of his appointment by Wehrheim, rumblings of which were heard at the end of December. “It’s a big privilege and I’m honored that the board saw fit to give me this opportunity. Over the next 11 months, the people in this town will see the type of person that I am — my word is my bond and I look forward to working for the people in this community.”

Lohmann said he intends to make good on his campaign promises to revise and update Smithtown’s “antiquated” code and redevelop a comprehensive master plan to include all hamlets, in consultation with civic groups and local businesses, to create a better, more transparent government. During the campaign, he said he would like to start up quarterly community meetings in different hamlets so town officials could sit with residents to gauge their concerns and get feedback. He will also be the only town councilmember from Smithtown as the others reside in St. James and Kings Park.

During the meeting, three members of the board — Wehrheim, Lisa Inzerillo (R) and Thomas McCarthy (R) — voted to appoint Lohmann with councilman Lynn Nowick (R) abstaining. Nowick said she wanted an
opportunity to vet all the interested parties for the position and hear community input before making her decision. The town board had about four résumés for the council seat to review, Wehrheim said.

“I would like to have had a longer, more thorough vetting process,” Nowick said. “I wanted to first hear the public possibly at this meeting or the second meeting this month, because I answer to them. But I have no problem with Mr. Lohmann. We’ll work together fine.”

Many residents took to the podium to confront Wehrheim and the rest of the board about their decision to appoint Lohmann instead of Democratic candidate Amy Fortunato. Fortunato placed third in the general election, behind the two incumbents in the election with 17.60 percent of the votes.

“Amy received almost double the amount of votes as Mr. Lohmann,” said Maria LaMalfa, a Smithtown resident of 33 years. “We have 23,000 Democrats, 35,000 Republicans and 2,000 minor party registered voters and we all want the same things in our town. I think the way to accomplish what we want is to work together as a coalition. We have not had that in all the years I’ve lived here.”

“I would like to have had a longer, more thorough vetting process”
—Lynne Nowick

Another resident, Elizabeth Isabella, echoed these concerns.

“I hope in the future we can dialogue across party lines and I want you to know I do congratulate you, but I am very disappointed that Amy’s votes were not taken into consideration,” Isabella said. “And I do wonder what the conversation was as you made your decision.”

Wehrheim pointed out that two major appointments made to the Conservation Board made earlier in the meeting were given to Democrats.

“We do intend to work across party lines,” Wehrheim responded.

Following the meeting, the new supervisor further defended his decision to bring Lohmann aboard, claiming he was a perfect fit for the board.

“We needed to find someone who is thinking the way we’re thinking moving forward so the government can be cohesive and all on the same page,” Wehrheim said. “I also believe there’s a distinct advantage of having someone on this board with a law enforcement background. I think he’ll be an asset when it comes to interacting with [police] and dealing with the opioid epidemic.