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Town Hall Notebook

Councilman John Dunleavy is hoping third time's a charm for his retirement community zoning code rewrite. A third public hearing on the proposed code overhaul is set for June 5 at 2:20 p.m.

The proposed code changes would allow for the development of assisted living facilities in the retirement community zoning use district.

It allows development densities of up to eight assisted living dwelling units per acre within communities developed as "affordable" communities — where at least 75 percent of the residents have income at or less than 110 percent of Suffolk County's median household income. It also allows for four units per acre of independent living units in affordable communities.

For communities that are not subject to income limits and are not considered "affordable," as-of-right development densities would be two units per acre for independent living units and four units per acre for assisted living units. The developer would be able to increase development yield to four units per acre for independent living units and eight units per acre for assisted living units by purchasing farmland development rights (one additional unit per development right.)

The town's current retirement community code, which makes no provision for assisted living facilities, allows only independent living dwelling units (age restricted to seniors 55 and older) to be developed at the density of one unit per acre without the transfer of development rights. With the purchase of development rights, a density of four units per acre is allowed (one additional unit per development right.) For conventional 55+ retirement communities — without an assisted living component — this development density would remain the same under the revised code.

The code would require a minimum site of 15 acres within the Riverhead water and sewer districts or within 1,500 feet of the boundaries of such districts.

There are currently no parcels in the retirement community zoning use district that meet these requirements, though a developer of assisted living communities has its sights set on land just north of the Riverhead Centre shopping plaza on Mill Road.

Concordia Senior Communities of Melville wants to build 105 "independent living" attached single-family homes, 50 "enriched housing program" apartments and 24 "assisted living" units on 25.2 acres along the east side of Mill Road, north of the Home Depot. The site stretches north to Middle Road, wrapping around three existing homes and a small farm on the corner of Mill and Middle roads. 

The plan includes a two-story clubhouse with indoor pool, spa and dining facilities. The main entrance to the new complex would be on Mill Road, with a second entrance on Middle Road, according to a conceptual plan on the developer's website.

The southern part of the site, adjacent to the shopping center, is in the destination retail zoning use district; most of the site is in the agricultural protection zone. In order for the project to go forward, the town would first have to change the zoning of the site.

Prior versions of the code provided for increased densities without the transfer of development rights or affordability restrictions met with objection from the L.I. Farm Bureau.  Farm Bureau executive director Joseph Gergela called it "a giveaway" prior to the second public hearing in February, at which Farm Bureau member David McLarin asked the town board not to increase densities without TDR.

"The success of the TDR program and the success of farmland preservation, is dependent on having the right amount of sending and receiving areas," Gergela told RiverheadLOCAL

The transfer of development rights program is a central feature of the 2003 master plan, which called for the town to do an assessment of the TDR program after a few years, Gergela said. That hasn't been done, he said.

There will be a public hearing July 17 to determine whether Peconic YMCA is a "qualified and eligible sponsor" for purposes of the conveyance of 7.3 acres of land at the Calverton Enterprise Park from the Riverhead Community Development Agency.

The hearing is required by state law prior to the sale or lease of land by a municipality in a designated urban renewal area, such as the enterprise park.

The Peconic Y will have to demonstrate to the satisfaction of the town board, sitting as the board of the community development agency, that it has the financial wherewithal to develop the project.

The town plans to convey the parcel to the Y at no cost, conditioned upon the Y developing it as a youth center. The Y will bear all costs of required improvements, including sewer and water connections, and will establish a $25,000 annual fund to defray membership costs for Riverhead residents "deemed eligible for financial assistance." The Y will also offer quarterly vocational classes free of charge to all Riverhead residents and bimonthly recreational youth/young adult programs to Riverhead residents free of charge as a condition of the conveyance. The conveyance will be subject to a reverter clause by which title would revert back to the town should the Y fail to meet the conditions of conveyance.

The town will first lease the land to the Y, with the transfer coming after the EPCAL reuse plan is completed and the land subdivision approved. The leasehold will allow the Y to process and obtain the required permits pending the closing of title.

2012_0512_dog_parkThe Town Board postponed further discussion of the proposed code that would allow dogs on leashes in town parks, beaches and recreational facilities and off-leash in designated dog parks.

According to Councilman James Wooten, proponent of the bill, the delay was to give the deputy town attorney Ann Marie Prudenti time to prepare for the discussion, which board members said after Wednesday night's public hearing they would take up at Thursday's work session.

At least one board member, Councilman John Dunleavy, took issue with the new code allowing dogs on public beaches, an objection raised at the public hearing by Sound Park Heights Civic Association president Eric Biegler. Supervisor Sean Walter said he thinks the board should adopt the code and make changes to it later, because revising it and scheduling another public hearing would mean the dog park might not be opened this summer.

2012_0519_wooten_hed_cropWooten acknowledged Thursday that the town's first off-leash dog park, located at the Calverton Enterprise Park, can't be opened up to residents until the new code is in effect. The code provides for the issuance of park permits by the town clerk.

Wooten had already scheduled — and canceled — two "grand opening" events for the new dog park, even though the code had not yet had a public hearing.

"Well that [the opening] was just going to be for that day," Wooten explained Thursday.

The dog park, located at the new town park on Route 25 in Calverton, is finished and ready for use. It was outfitted with furniture, equipment and fencing using private donations from the Riverhead Move the Animal Shelter group.

The opening of the dog park was delayed because paving of an access roadway and parking area wasn't completed.
2012_0519_calverton_parkMeanwhile, work has continued at the 62-acre municipal park site, where the town has developed four baseball/softball fields and a hiking/biking trail. At this week's board meeting the town awarded a $390,780 bid to Amityville-based Landtek Group for improvements to finish up the ball fields, currently scheduled to open this summer. The ball fields have been basically completed and ready for use for three seasons, but problems with state permits to open an access road on Route 25 and county health department permission to temporarily use portable toilets for the fields delayed their opening.

RiverheadLOCAL file photos by Peter Blasl

2012_0512_dog_park

Riverhead Town Board members are divided over proposed legislation that would allow residents to bring their dogs to public beaches after obtaining a town permit.

The revision to the town's "beaches and recreation centers" code was intended to allow the town to issue permits for use of the new dog park at the Calverton Enterprise Park, explained Councilman James Wooten. Dog owners would be required to provide proof of a dog license, a rabies vaccine certificate and a health certificate for their dogs.

2012_0517_bieglerBut Eric Biegler, president of the Sound Park Heights Civic Assocation, objected to language that would also allow residents to bring their dogs to public beaches with the same licenses issued for the dog park.

"Beaches should be one article, dog parks should be another," Biegler said during Wednesday night's public hearing on the proposed code change.

Councilman John Dunleavy agreed.

"We'll be getting a lot of phone calls about dogs on the beaches," Dunleavy said after the meeting. "When kids are on the beach, I don't think dogs should be there. When [dogs] defecate, it's difficult to clean it up, especially with urine.

"I wouldn't want to bring my grandchild down to a beach when you have dogs on it," he said.

Supervisor Sean Walter advocated adopting the code right away so the Calverton dog park might open as quickly as possible, indicating that the dog park cannot open until the law is in place and permits for the off-leash facility can be issued by the town.

Waiting to make changes to the proposal — and setting it for a new public hearing — would mean the opening of the park would be postponed until the end of the summer, Walter said.

Wooten, who proposed the Calverton dog park last year, has already scheduled and canceled two "grand opening" events at the dog park, which was fully outfitted and fenced using private donations raised by the Riverhead Move the Animal Shelter group. Wooten blamed both cancellations on the unfinished paving work on the road providing access to the dog park and still-unfinished ball fields. About 30 people, and their dogs, showed up at the dog park for the first "grand opening" on April 28, only to find the facility locked. The second "grand opening" was scheduled for May 12.

"Let's get the park open," Walter said Wednesday night. "We need to adopt what we have to get it open, so we don't look silly having this dog park sitting there," he said. "Then we'll go back and fix it."

Board members agreed to further discuss the matter at Thursday's work session.

"These are some major changes," said Councilman George Gabrielsen after the meeting, sounding doubtful. "If it's not clear in my mind [after the work session], I won't vote for it."

Riverhead Zoning Board of Appeals member Charles Sclafani has tendered his resignation from that body.

Tonight's ZBA meeting will be his last, Sclafani told RiverheadLOCAL yesterday.

Sclafani said he's resigning for business reasons. His business, CJS Tax Services, an income tax preparation and property tax grievance firm, will pursue property tax grievances on behalf of clients in Riverhead Town, he said. He's been told by the town's board of ethics that employees of CJS Tax Services cannot appear before the town's board of assessment review because of his position on the ZBA.

"If I'm an officer of the town, my company can't have any dealings with the town," Sclafani said.

First appointed in February 2005 to fill a vacancy, Sclafani, of Wading River, was reappointed in January 2009 to a five-year term that expires Dec. 31, 2013.

He said in a phone interview he felt like he was being "forced out" of the position. He believes that as long as he's not personally appearing before the property tax review board, there was no violation of the ethics code. The ethics board disagreed. Sclafani requested an opinion of the ethics board last May.

At this point, Sclafani said, he has to choose between building his business and serving on the ZBA. Since his daughters are working with him now, he's got to tend to the future of his business, he said.

Sclafani said he doesn't think the intent of the ethics code was to bar employees of a company owned by an appointed town official from appearing before town agencies.

"I've enjoyed my time on the ZBA," he said. "I consider it an honor and a privilege to serve," he said. "I always tried to do what was correct or right, not what was politically expedient."

Supervisor Sean Walter said he would discuss with council members how to proceed with filling the vacancy created by Sclafani's departure.

The supervisor, then a deputy town attorney, first got Sclafani interested in serving on the ZBA back in 2004, Sclafani said. Both were members of the Riverhead Town Conservative Committee, which Walter then chaired.

"He said he hoped to get a Conservative viewpoint on the board," Sclafani said. His appointment was approved by a 4-1 vote of the Town Board on Feb. 15, 2005, with then-councilman George Bartunek casting the sole vote against the resolution.