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Judy Ogden

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Head of the Harbor village trustee and neighborhood preservation coalition spokesperson, Judy Ogden, speaks in favor of a lawsuit aimed at delaying the Gyrodyne subdivision approval on the Flowerfield site. Photo by Chris Mellides

A recent court decision found that the environmental review of the proposed Gyrodyne development plan met the minimum legal requirements, but the legal battle is far from over, according to members of the Saint James – Head of the Harbor Neighborhood Preservation Coalition. The coalition, along with the Village of Head of the Harbor and local property owners, filed a lawsuit challenging the review. Meanwhile, the New York State Department of Environmental Conservation is finalizing appraisals to acquire portions of the property for preservation as open space.

“The fight to preserve this important parcel as open space is not over,” said Judy Ogden, a Village of Head of the Harbor trustee and spokesperson for the coalition. “We plan to appeal the recent court decision. More importantly, the DEC is continuing efforts to acquire Flowerfield Fairgrounds for preservation.”

The Gyrodyne site is located near several farms and includes land in the Mills Pond National Historic District. The proposed development includes a 125-room hotel, 175,000 square feet of office space, 250 assisted living units, a sewage treatment plant and parking for over 2,500 vehicles. These elements require special approvals from the Smithtown Town Board, as they are not allowed under current zoning regulations.

Smithtown’s recently updated Comprehensive Plan recommends that assisted living facilities be located in designated areas, not near residential neighborhoods. It also states that mixed-use projects like the Gyrodyne plan should be developed in business districts, not along highways.

“Based on sound planning principles alone, the town has the authority to reject the Gyrodyne development,” Ogden said. “This project would overwhelm St. James and Head of the Harbor with traffic and damage water quality in Stony Brook Harbor.”

The coalition and local officials have long opposed the development. In 2021, the group expressed support for converting the entire site into a park. If that wasn’t possible, they supported a compromise to preserve the 48-acre Flowerfield Fairgrounds as open space while allowing limited development on land already occupied by buildings.

Severe flooding

After the Smithtown Planning Board approved the subdivision on March 30, 2022, the coalition and 23 local property owners filed a lawsuit, arguing the environmental review was inadequate.

“The review process was not thorough,” said Joseph Bollhofer, a member of the coalition. “It didn’t seriously consider public input and failed to account for severe weather events.”

On Aug. 19, a 10-inch rainfall caused severe flooding around the Gyrodyne site, forcing the closure of Route 25A for three days.

“Even with most of the property undeveloped, the flooding was enough to burst the dam at Stony Brook Mill Pond,” Bollhofer said. “If Gyrodyne’s development had been in place, experts say it could have destroyed the historic Stony Brook Grist Mill.”

Bollhofer added that the coalition plans to challenge the court decision, citing the review’s failure to account for the increasing frequency of severe storms.

“The community’s support for our legal efforts is a testament to the widespread opposition to this development,” Ogden said. “We will continue to work with the DEC and local officials to preserve Flowerfield Fairgrounds for future generations.”

Local elected officials, including Suffolk County Executive Ed Romaine (R) and county Legislators Steve Englebright (D-Setauket) and Rob Trotta (R-Fort Salonga), have all opposed the Gyrodyne subdivision and expressed strong support for preserving the site.

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Mike Utevsky, left, Lisa Davidson, center and Judy Ogden. Photo courtesy Judy Ogden

By Sabrina Artusa

Michael Utevsky, a real estate attorney, held his first board meeting since being elected as Head of the Harbor mayor in March. 

His first course of action was to appoint new counsel, Perillo Hill, a Sayville firm that also represents two other municipalities and describes themselves as “seeing both sides of the aisle” when it comes to common township cases. While Lisa Davidson, the newly-elected deputy mayor, couldn’t attend due to sickness, the other recent electee and long-time member, trustee Judy Ogden was present. 

Drainage issues

Ogden spoke in detail of the drainage issues that have been wracking the town, especially amid the recent storms across Long Island. 

The drainage “handles the lighter storms with smaller volumes,” she said. “When it gets to 1 or 2 inches … we run into issues.” 

Utevsky and Ogden spoke of eventually getting all of the drains checked and cleaned — a process that would take at least two years. 

“People are trapped and can’t get out,” Ogden said, referring to areas like Harbor Road and Saneck Road, where drainage is labeled as “priority” areas. 

“There is never enough funding to take care of it at once,” she said. However, the board members suggested alternative options to afford drain maintenance — applying for grants, setting up a transaction balance account to organize a fund or reallocating money from unused funds as possible solutions. 

One resident noted where Hitherbrook Road meets Route 25A as a dangerous area prone to flooding that causes traffic problems. 

Another resident spoke up about the deteriorating buffer zones and reallocating money. The leaves, he said, provide natural structure to the buffers. Indeed, the buffers also slow down runoff, thus abating flooding from defective drains. 

Lack of awareness about the purpose of the buffers is causing residents to think the leaves are residue. “If they leave some of the natural covering, it may be able to regenerate,” he said.

“It will take time to get these things done,” Utevsky said. “But they are all good and important.”

Additionally, the meeting made note of recent efforts from the Head of the Harbor Tree Board with contributions from Avalon Nature Preserve to organize an event in celebration of native plants this Arbor Day, April 26. 

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Mike Utevsky, left, Lisa Davidson, center and Judy Ogden. Photo courtesy Judy Ogden

By Sabrina Artusa

Village of Head of the Harbor has inducted Mayor Mike Utevsky, trustee Lisa Davidson and incumbent trustee Judith Ogden to its Board of Trustees. 

Utevsky unseated the previous mayor, Doug Dahlgard, who had occupied the position for 10 years. All three members are on the Heritage Party line, a party whose principal approach to governance is preservation.

A real estate attorney who hasn’t run for office before, Utevsky said he decided to run after noticing the desire of other residents for a change. Indeed, Dahlgard and his board experienced pushback after a vote allowing a monastery to build a church on a historically significant property.

As a resident who regularly attended board meetings, Utevsky said, “When [the citizens] made comments … we were met generally with stony silence.”

Davidson, a retired television producer, echoed this sentiment, and expanded on her desire to represent the people of Head of the Harbor “It was purely my wish that the village government should be more inclusive,” she said. “I ran so that governance is kind.”

The three inductees emphasize transparency and revived vigor for code enforcement as guiding values for their term.

“Preservation, natural resources, code enforcement and understanding policy — those are the key pieces,” Ogden said.

One of the primary concerns of the new administration is reopening one of the three access points to Stony Brook Harbor and making the area more accessible for people to enjoy. Currently, there is one road available to lead to the harbor, which according to Davidson has limited parking and accessibility. The new administration is confident that at least one of these access points will be restored.

“If everything goes according to plan, we will have no additional docks in the harbor, people will not be clearing the trees and the buffers will be remediated and the access points will be reopened,” Davidson said. “The village will look as it does now, but better.”

Utevsky said of the subject, “It won’t be easy – there are many legal and practical issues – but it is very important to many residents of the community.”

The mayor also said that he plans to be vigilant with new construction and development, and wants to improve the village while still being cognizant of how it will affect existing housing and landscapes. 

“I don’t want us to turn into another overbuilt suburb. That doesn’t mean abandoning all construction, it means well-considered design that works well with the existing historical fabric of the village,” he said.

Development has been a frequent subject of contention in Head of the Harbor and neighboring municipalities. As a member of the Saint James-Head of the Harbor Neighborhood Preservation Coalition, Ogden has advocated for the preservation of Flowerfield Fairgrounds and its release from a subdivision proposal that many citizens deem excessive.

In addition to being an incumbent trustee and coalition member, Ogden is also a landscaper and wants to be reinstated as highway commissioner. In the pursuit of transparency, Ogden intends to organize a newsletter, an endeavor she hopes will foster communication not only between administration and constituents but also among bodies of governance.

“I think there will be more communication among the departments rather than it coming from one person and one perspective,” she said. “The village does not operate because of one person, there are many that make it happen.”

Deer population control is another concern of the mayor who, in the name of preservation and safety, wants to implement a solution. 

Utevsky acknowledged that a lot has to be done to create change, but was eager to start. “We would like to revive a spirit of community in the village,” he said.

The next public trustee meeting will be held Wednesday, April 17.

**Amendment made – 04/17/2024 – “Utevsky usurped the previous mayor, Doug Dahlgard, […]” the incorrect use of verbiage was changed from usurped to unseated.

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Attorney Joseph Bollhofer describes the legalities surrounding the lawsuit aimed at the Town of Smithtown that would delay the Gyrodyne subdivision approval on the Flowerfield site. Photo by Chris Mellides
Three Village Civic Association member Herb Mones (left) and Jessica Jones, civic board member (right), show their support for protecting the Flowerfield site. Photo by Chris Mellides
Head of the Harbor village trustee and neighborhood preservation coalition spokesperson, Judy Ogden, speaks in favor of a lawsuit aimed at delaying the Gyrodyne subdivision approval on the Flowerfield site. Photo by Chris Mellides

By Chris Mellides

[email protected]

Concerned local property owners were joined by members of Saint James-Head of the Harbor Neighborhood Preservation Coalition and other representatives to block the planned subdivision by Gyrodyne to repurpose the 63-acre Flowerfield site. A legal challenge was filed April 26 to overturn the March 30 preliminary subdivision approval by the Town of Smithtown Planning Board.

The application proposal from Gyrodyne included a multistory 125-room hotel along with 250 assisted living housing units, 175,000 square feet of office space, parking to accommodate over 2,000 cars and a 7-acre sewage plant. 

Among those who spoke at Tuesday’s press conference on the corner of Mills Pond Road and Route 25A outside of Flowerfield were local attorney Joseph Bollhofer; Town of Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook); legal counselor E. Christopher Murray; and Judy Ogden, Head of the Harbor village trustee and neighborhood preservation coalition spokesperson. 

“Our lawsuit has been filed and the decision to file this litigation against the Smithtown government was not made lightly,” Bollhofer said. “Like many of you, I love this town. I grew up here, my wife was born in St. James. In the 1970s, I did my Eagle Scout project for the benefit of the people in this town.”

Bollhofer went on to say that the “Smithtown government is doing a very good job” yet its handling of the Gyrodyne application has been bungled. “It’s been our hope that we are able to preserve this property,” he added. “We’ve been doing our best to get the people involved with this to come together to try and find a way to get the money to pay Gyrodyne fair compensation for this open space.”

Representing Three Village Civic Association was Herb Mones. “Smithtown has to go back and review its determinations on this property,” he said, while also saying that in the opinion of many in the civic association, the Town of Smithtown did not pay close enough attention to the law that required them to “carefully review what the buildout would mean to the surrounding community.”

Living just 600 feet up the road from Flowerfield, Ogden spoke on behalf of residents in the communities of both St. James and Head of the Harbor. Together, Ogden said community members have been speaking publicly against the Gyrodyne subdivision application for the past two years.

“We’ve been speaking at public forums, at Zoom meetings, writing letters and sending emails at every opportunity that has been provided to express our concerns with the proposed Gyrodyne megadevelopment,” she said. “But no matter what we say or how many people show up, our voices have been ignored.”

For more than a year, opponents to the subdivision application have said that the environmental impacts of changes Gyrodyne made to its original plan after the initial environmental review was completed have not been evaluated and “did not comply with state law,” according to a press release issued on the day of the event.

“The role of government is to show leadership, which represents all people of the community and follows a comprehensive plan steering development in the right direction, while preserving and enhancing the nature of our community and natural resources,” said Ogden.

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Arbor Day celebration at Avalon Nature Preserve. Photo by Heidi Sutton

On May 1, Avalon Nature Preserve, in conjunction with the Village of the Head of the Harbor, hosted a special event in honor of Arbor Day. 

Judy Ogden shows visitors the proper way to plant a bare root sapling. Photo by Heidi Sutton

Visitors to the Preserve were invited to participate in a garden workshop led by Judy Ogden, Trustee and Highway Commissioner for the Village of the Head of the Harbor and owner of Ogden’s Design and Plantings in St. James. All were given a bare root sapling to take home and plant in their yard. 

Ogden spoke of the importance of planting native Long Island trees, and demonstrated how to properly plant and care for a young tree. Attendees were able to choose either an American Witch Hazel or Eastern Redbud sapling to take home, courtesy of the Village of the Head of the Harbor, a Tree City, U.S.A. These two types of understory trees provide many environmental benefits including attracting honeybees, providing seeds for birds and serving as host plants for butterfly larvae.

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