41 Acre Property Development - Port Washington North NY Civic Association

August 13, 2002 Village Planning Board Gives Preliminary approval of the Site Plans
The Village Planning Board met again (several meetings and public hearings in the months leading up to this point). The Village prepared a letter of preliminary approval for the site plans but made it contingent upon 30 additional points to clarify, redesign, study or provide more detail. Sidney Bowne, our Village Engineer reviewed the plans and made their recommendations as well. Once the developer satisfies the letter, they will present a ew set of plans. The expected date for this is unknown.

July 2002 Thomson Industries and Franklin Stainless File for an Article 78
An article 78 was filed to negate the rezoning. It is currently being processed. If the article 78 is approved, then any work that the developer completes is at their risk.

March 2002 Village Rezones 41 Acre Property Before the Village Elections
The Village held a public hearing before the Village elections to address the rezoning of the property. The Village allowed the public to speak, but then rezoned the property to a newly created Senior housing zone. This proposed zone was basically prepared by the developer and approved by the Board. The current zone allows for 20 foot rear setbacks and 10 sideyard setbacks (so the buildings whose side faces the property line only have to be built 10 feet from the property line. Although recommendations in the FEIS discussed a 50 foot buffer between the development and the adjacent properties, the zone was not changed to reflect this recommendation. Now the developer must submit plans to the Planning Board for site plan review.

Feb 11, 2002 Village Meeting to Discuss 41 Acre FEIS
The Village met on 2-11-02 to discuss accepting the FEIS. This is part of the SEQRA process. The general public was not allowed to address the Board and the Board approved the FEIS.

The next step is for the Village to file a Notice of Completion, which they did either 2-11-02 or 2-12-02. Based on this date there is a mandatory Public Review Period, which must be at a minimum of 10 days. 6 NYCRR Part 617 (SEQRA Regulations) does not stipulate a requirement to accept written public comments it only states that the public should be able to review the document. Part 617.11(a) states

§617.11 DECISION-MAKING AND FINDINGS REQUIREMENTS. (a) Prior to the lead agency's decision on an action that has been the subject of a final EIS, it shall afford agencies and the public a reasonable time period (not less than 10 calendar days) in which to consider the final EIS before issuing its written findings statement. If a project modification or change of circumstance related to the project requires a lead or involved agency to substantively modify its decision, findings may be amended and filed in accordance with subdivision 617.12(b) of this Part.

After the Public Review period the next step will be for the Village to review the agency/public comments and prepare what they call "Findings" which they then submit to the Nassau County Planning Commission.

A description of the Findings is explained on the NYSDEC website at: http://www.dec.state.ny.us/website/dcs/seqr/seqrsc11.html.

After the Planning Commission comments on the Findings, then the Village could end the process by accepting the FEIS.

The Village will hold a Special Meeting (public supposedly not allowed to comment) where the Village will work on preparing the Findings. They may or may not complete them at this time. The second part of the meeting will be a Public Hearing to discuss the rezoning the 41 acres from Economic A to a newly created Senior Zone. This meeting will be at 7:30 2-28-02 at the Landmark. The Village indicated that the FEIS should be at the library later today and that a copy is also at the Village.

Approx. 1-31-02 Preliminary FEIS Submitted
Sandy Hollow Associates submitted the preliminary FEIS to the Village. The document should be reviewed by the Village and Village Engineer (Sidney Bowne) for completeness. The FEIS included the following.

12-11-01 Public Hearing
There was a public hearing at the Landmark to voice opinions on the 41 acre DEIS. All written and verbal comments (of merit) will be answered in the FEIS.

11-12-01 Village Meeting
Village approves the DEIS and now the project officially enters the public comment period. There will be a public hearing on 12-11-01 and written comments are due 10 after that date.

10-10-01 Village Hires Sidney Bowne
Sidney Bowne was retained to review the draft DEIS before it is issued for public comments.

Sometime around 8-2001
Sandy Hollow Associates apparently fired Sear Brown and hired Sieve, Paget & Riesel, P.C. to finish preparing the DEIS

4-18-01 Still Waiting for DEIS
Waiting for Sear Brown to complete the Draft Environmental Impact Statement.

2-01 Water Department Public Meeting
At the Feb. 2001 meeting, the 41 Acre developer inquired about water availability. The Water Dept stated that there may not be enough water available at the present time for new developments and the Water Dept stated that they could not issue a water availability letter without a set of approved plans. Minutes of the meeting revealed that the Village wanted to impose stricter water conservation methods to its residents (no water lawns, no washing cars, enforce water conservation appliances, as stated in the minutes) in support for the development. At what cost will this development have on the existing community. It appears that the Village would sacrifice irrigating our lawns and washing our cars in order to place a new community. This issue still has to be clarified as we did not ask the Village for a response.

1-1-01 Next Step With 41 Acre Project
Wait for Sear Brown (consultant) to complete the Draft Environmental Impact Statement.

12-18-00 Village Meeting Canceled
According to the Village, the meeting tonight (12-18-00) has been canceled. We were told that the meeting was to be held if the Village had any additional comments to add to the almost final DEIS. Last Monday the draft scope was conditionally approved barring any additions that were to be added in the meeting tonight. Nothing was added, so there will be no meeting. I was wondering if the Village's Engineer, Sidney Bowne had any comments. We will find out at the next meeting.

DEIS Conditionally Approved at 12-11-00 Public Meeting. It will be finalized at the 12-18-00 Special Meeting at Village Hall
(12-13-00) Sandy Hollow Associates presented their updated DEIS Scope (draft Environmental Impact Study) at the 12-11-00 Village Meeting. Village Attorney Limmer indicated that he, Sandy Hollow and JAC have agreed to the final draft scope.

Sandy Hollow Associates submitted the updated final draft scope to Village Officials on the day of the Village meeting (12-11-00) and the Village was about to vote on, and approve the revised draft scope as is, without reviewing the revised contents. Trustee Levi pushed for a vote to conditionally approve the draft scope, so Sandy Hollow can start work.

The Village is calling a Special Meeting 12-18-00 (next Monday) to finalize the scope after a week of review. Sandy Hollow Associates agreed to this plan.

Bob Keane raised the question as to why JAC is involved in the review process. I pointed out to the Mayor that the Village has Sidney Bowne (competent Professional Engineering firm and competent SEQRA reviewers/planners) currently on retainer. He thought that JAC's involvement was a conflict of interest since they prepared the Village Planning study and recommended the senior housing project. They should have a third party independent form the initial planning study look at the scope. In addition, JAC was involved in preparing the first draft scope where several key issues (to protect the general public) were left out.

The Civic Association thanks all the people who prepared written comments regarding the initial draft scope and thanks to Sandy Hollow for including the Public's concerns in the revised draft scope. The first/initial draft scope did not include sections regarding:

Added Stormwater management section (for all the ponds and surface water generated on site)
noise (how to protect the industrial neighbors)
Added open space study (address open space in the Village and potential loss of open space through this development
Added additional studies to the Ecology Section (looking for endangered species, plants, fauna, etc).
Added demographic studies (trends, change of zone analysis).
Added sections regarding the buffers, setbacks between industrial vs new senior residential
Added section to look at impacts on community services (police, fire, health care, water, sewers, schools train parking)
Added a section studying the soil types and suitability for construction and steep slope protection (originally addressed as a concern in the JAC report, but not addressed as a concern by JAC in their first review of the contents).
Added traffic studies to include the Thypin Steel, new Shore Rd condos, and Lewis Oil developments.

Without the public's comments, JAC did not think it was important to include all of these topics (other refinements also included). Bob Keane's concern is that JAC was involved in the first review where they forgot to include all of the above referenced topics and now they are involved in the review process again. At this point the Mayor ensured me that Sidney Bowne will review the final draft scope. He said he and the Planning Bd Chairman were meeting with Sidney Bowne today (12-12-00) regarding the waterfront park planning and he would have them look at it.

If you want to review the revised final draft scope it is available at the Village. You can also call me and I can make you a copy or fax it to you. Sandy Hollow indicated that the draft EIS could be completed in 6 to 8 weeks. 3.

Sandy Hollow will also look to request a change in one ordinance regarding building heights at the 12-18-00 special meeting as well

10-2-00 Draft Scope EIS Public Comments Period Extended To 10-23-00 for the 41 Acre Developments DEIS
At the 10-2-00 Village Meeting the Board extended the Public Comment Period until close of business 10-23-00.

Your written comments should address what concerns were left out of the Draft Scope of the DEIS. The DEIS (draft environmental impact statement) will be prepared by Sandy Hollow Associates, evaluating the potential impacts that the development will have on the community. The present draft scope is available at the Village Hall and will soon be posted on this site. Your comments are essential!

EIS Public Comments Required at 41 Acre Developments 10-2-00
The next Village Meeting 10-2-00 at Village Hall will be to discuss the Sandy Hollow (potential site developer) Draft Environmental Impact Statement (DEIS). This work is being performed in accord with the NYSDEC State Environmental Quality Review (SEQR) procedures.

At this meeting the Village Board will finalize what the DEIS should evaluate. Written public comments must be received before the 10-2-00 meeting.

7-17-2000 - Senior Housing Zoning Preparations
-On July 17, 2000 the Board of Trustees was looking into draft language for a new Senior Housing Zone to present the draft ordinance for a future public hearing. Basically the Village is looking at drafting the language to fit the current design presented to them by the Sandy Hollow Associates to fit the 327 proposed units. The Mayor asked the Board Members to review the draft language and present their comments to the Mayor in 2 weeks.

6-26-2000 - Sandy Hollow Presentation to Village
On June 26, 2000 Sandy Hollow Associates (potential developer) made a presentation to the Board of Trustees to discuss their plans to develop the land into a 327 senior housing unit. The developers (Sandy Hollow Associates) will ask that the Village rezone the land from Economic A (industrial) to a new senior housing zone to accommodate the proposal. A formal hearing will be required to entertain a motion and the Village will have to draft an ordinance/zone.

Each townhouse will be approximately 1200 square feet. Some models will be 1350 sf with an option to develop the attic into another 400 sf. The target price will be $175,000 to $295,000 and they estimate that the average tax will be approximately $5000 yielding 1.7 million dollars to the schools.

Traffic experts estimate that only 883 trips will be generated per day and the new development will have a bus service to drive members around town.

Development on 41 Acre Property
	This Figure is a replication from Figure 30 from the JAC Planning Study Yellow = Existing Industrial Properties Purple = proposed new senior houses This figure copied from the JAC Planning Study for Port Washington North. The full Report is on file at Village Hall and at the Reference Section at the Library.
Follow the SEQRA process. Click here to go to the NYSDEC Page and see an easy flow diagram with descriptions of the State process.





	41 Acre Property News
	August 13, 2002 Village Planning Board Gives Preliminary approval of the Site Plans The Village Planning Board met again (several meetings and public hearings in the months leading up to this point). The Village prepared a letter of preliminary approval for the site plans but made it contingent upon 30 additional points to clarify, redesign, study or provide more detail. Sidney Bowne, our Village Engineer reviewed the plans and made their recommendations as well. Once the developer satisfies the letter, they will present a ew set of plans. The expected date for this is unknown. July 2002 Thomson Industries and Franklin Stainless File for an Article 78 An article 78 was filed to negate the rezoning. It is currently being processed. If the article 78 is approved, then any work that the developer completes is at their risk. March 2002 Village Rezones 41 Acre Property Before the Village Elections The Village held a public hearing before the Village elections to address the rezoning of the property. The Village allowed the public to speak, but then rezoned the property to a newly created Senior housing zone. This proposed zone was basically prepared by the developer and approved by the Board. The current zone allows for 20 foot rear setbacks and 10 sideyard setbacks (so the buildings whose side faces the property line only have to be built 10 feet from the property line. Although recommendations in the FEIS discussed a 50 foot buffer between the development and the adjacent properties, the zone was not changed to reflect this recommendation. Now the developer must submit plans to the Planning Board for site plan review. Feb 11, 2002 Village Meeting to Discuss 41 Acre FEIS The Village met on 2-11-02 to discuss accepting the FEIS. This is part of the SEQRA process. The general public was not allowed to address the Board and the Board approved the FEIS. The next step is for the Village to file a Notice of Completion, which they did either 2-11-02 or 2-12-02. Based on this date there is a mandatory Public Review Period, which must be at a minimum of 10 days. 6 NYCRR Part 617 (SEQRA Regulations) does not stipulate a requirement to accept written public comments it only states that the public should be able to review the document. Part 617.11(a) states §617.11 DECISION-MAKING AND FINDINGS REQUIREMENTS. (a) Prior to the lead agency's decision on an action that has been the subject of a final EIS, it shall afford agencies and the public a reasonable time period (not less than 10 calendar days) in which to consider the final EIS before issuing its written findings statement. If a project modification or change of circumstance related to the project requires a lead or involved agency to substantively modify its decision, findings may be amended and filed in accordance with subdivision 617.12(b) of this Part. After the Public Review period the next step will be for the Village to review the agency/public comments and prepare what they call "Findings" which they then submit to the Nassau County Planning Commission. A description of the Findings is explained on the NYSDEC website at: http://www.dec.state.ny.us/website/dcs/seqr/seqrsc11.html. After the Planning Commission comments on the Findings, then the Village could end the process by accepting the FEIS. The Village will hold a Special Meeting (public supposedly not allowed to comment) where the Village will work on preparing the Findings. They may or may not complete them at this time. The second part of the meeting will be a Public Hearing to discuss the rezoning the 41 acres from Economic A to a newly created Senior Zone. This meeting will be at 7:30 2-28-02 at the Landmark. The Village indicated that the FEIS should be at the library later today and that a copy is also at the Village. Approx. 1-31-02 Preliminary FEIS Submitted Sandy Hollow Associates submitted the preliminary FEIS to the Village. The document should be reviewed by the Village and Village Engineer (Sidney Bowne) for completeness. The FEIS included the following. 1. Reduced number of units from 327 down to 250. 2. A 50 foot setback was used around the perimeter of the property instead of the 10-20 foot setback previously listed. 3. Sandy Hollow will donate $3500 per house to a park fund estimated at $875000 4. Eight acres appear to be donated as open space in the northern portion of the property. More to follow 12-11-01 Public Hearing There was a public hearing at the Landmark to voice opinions on the 41 acre DEIS. All written and verbal comments (of merit) will be answered in the FEIS. 11-12-01 Village Meeting Village approves the DEIS and now the project officially enters the public comment period. There will be a public hearing on 12-11-01 and written comments are due 10 after that date. Read the 10-19-01 Sentinel Article - 10-19-01 Draft Environmental Impact Statement Completed for 41-Acres in Port North 10-10-01 Village Hires Sidney Bowne Sidney Bowne was retained to review the draft DEIS before it is issued for public comments. Sometime around 8-2001 Sandy Hollow Associates apparently fired Sear Brown and hired Sieve, Paget & Riesel, P.C. to finish preparing the DEIS 4-18-01 Still Waiting for DEIS Waiting for Sear Brown to complete the Draft Environmental Impact Statement. 2-01 Water Department Public Meeting At the Feb. 2001 meeting, the 41 Acre developer inquired about water availability. The Water Dept stated that there may not be enough water available at the present time for new developments and the Water Dept stated that they could not issue a water availability letter without a set of approved plans. Minutes of the meeting revealed that the Village wanted to impose stricter water conservation methods to its residents (no water lawns, no washing cars, enforce water conservation appliances, as stated in the minutes) in support for the development. At what cost will this development have on the existing community. It appears that the Village would sacrifice irrigating our lawns and washing our cars in order to place a new community. This issue still has to be clarified as we did not ask the Village for a response. 1-1-01 Next Step With 41 Acre Project Wait for Sear Brown (consultant) to complete the Draft Environmental Impact Statement. 12-18-00 Village Meeting Canceled According to the Village, the meeting tonight (12-18-00) has been canceled. We were told that the meeting was to be held if the Village had any additional comments to add to the almost final DEIS. Last Monday the draft scope was conditionally approved barring any additions that were to be added in the meeting tonight. Nothing was added, so there will be no meeting. I was wondering if the Village's Engineer, Sidney Bowne had any comments. We will find out at the next meeting. DEIS Conditionally Approved at 12-11-00 Public Meeting. It will be finalized at the 12-18-00 Special Meeting at Village Hall (12-13-00) Sandy Hollow Associates presented their updated DEIS Scope (draft Environmental Impact Study) at the 12-11-00 Village Meeting. Village Attorney Limmer indicated that he, Sandy Hollow and JAC have agreed to the final draft scope. Sandy Hollow Associates submitted the updated final draft scope to Village Officials on the day of the Village meeting (12-11-00) and the Village was about to vote on, and approve the revised draft scope as is, without reviewing the revised contents. Trustee Levi pushed for a vote to conditionally approve the draft scope, so Sandy Hollow can start work. The Village is calling a Special Meeting 12-18-00 (next Monday) to finalize the scope after a week of review. Sandy Hollow Associates agreed to this plan. Bob Keane raised the question as to why JAC is involved in the review process. I pointed out to the Mayor that the Village has Sidney Bowne (competent Professional Engineering firm and competent SEQRA reviewers/planners) currently on retainer. He thought that JAC's involvement was a conflict of interest since they prepared the Village Planning study and recommended the senior housing project. They should have a third party independent form the initial planning study look at the scope. In addition, JAC was involved in preparing the first draft scope where several key issues (to protect the general public) were left out. The Civic Association thanks all the people who prepared written comments regarding the initial draft scope and thanks to Sandy Hollow for including the Public's concerns in the revised draft scope. The first/initial draft scope did not include sections regarding: Added Stormwater management section (for all the ponds and surface water generated on site) noise (how to protect the industrial neighbors) Added open space study (address open space in the Village and potential loss of open space through this development Added additional studies to the Ecology Section (looking for endangered species, plants, fauna, etc). Added demographic studies (trends, change of zone analysis). Added sections regarding the buffers, setbacks between industrial vs new senior residential Added section to look at impacts on community services (police, fire, health care, water, sewers, schools train parking) Added a section studying the soil types and suitability for construction and steep slope protection (originally addressed as a concern in the JAC report, but not addressed as a concern by JAC in their first review of the contents). Added traffic studies to include the Thypin Steel, new Shore Rd condos, and Lewis Oil developments. Without the public's comments, JAC did not think it was important to include all of these topics (other refinements also included). Bob Keane's concern is that JAC was involved in the first review where they forgot to include all of the above referenced topics and now they are involved in the review process again. At this point the Mayor ensured me that Sidney Bowne will review the final draft scope. He said he and the Planning Bd Chairman were meeting with Sidney Bowne today (12-12-00) regarding the waterfront park planning and he would have them look at it. If you want to review the revised final draft scope it is available at the Village. You can also call me and I can make you a copy or fax it to you. Sandy Hollow indicated that the draft EIS could be completed in 6 to 8 weeks. 3. Sandy Hollow will also look to request a change in one ordinance regarding building heights at the 12-18-00 special meeting as well 10-2-00 Draft Scope EIS Public Comments Period Extended To 10-23-00 for the 41 Acre Developments DEIS At the 10-2-00 Village Meeting the Board extended the Public Comment Period until close of business 10-23-00. Your written comments should address what concerns were left out of the Draft Scope of the DEIS. The DEIS (draft environmental impact statement) will be prepared by Sandy Hollow Associates, evaluating the potential impacts that the development will have on the community. The present draft scope is available at the Village Hall and will soon be posted on this site. Your comments are essential! EIS Public Comments Required at 41 Acre Developments 10-2-00 The next Village Meeting 10-2-00 at Village Hall will be to discuss the Sandy Hollow (potential site developer) Draft Environmental Impact Statement (DEIS). This work is being performed in accord with the NYSDEC State Environmental Quality Review (SEQR) procedures. At this meeting the Village Board will finalize what the DEIS should evaluate. Written public comments must be received before the 10-2-00 meeting. 7-17-2000 - Senior Housing Zoning Preparations -On July 17, 2000 the Board of Trustees was looking into draft language for a new Senior Housing Zone to present the draft ordinance for a future public hearing. Basically the Village is looking at drafting the language to fit the current design presented to them by the Sandy Hollow Associates to fit the 327 proposed units. The Mayor asked the Board Members to review the draft language and present their comments to the Mayor in 2 weeks. 6-26-2000 - Sandy Hollow Presentation to Village On June 26, 2000 Sandy Hollow Associates (potential developer) made a presentation to the Board of Trustees to discuss their plans to develop the land into a 327 senior housing unit. The developers (Sandy Hollow Associates) will ask that the Village rezone the land from Economic A (industrial) to a new senior housing zone to accommodate the proposal. A formal hearing will be required to entertain a motion and the Village will have to draft an ordinance/zone. Each townhouse will be approximately 1200 square feet. Some models will be 1350 sf with an option to develop the attic into another 400 sf. The target price will be $175,000 to $295,000 and they estimate that the average tax will be approximately $5000 yielding 1.7 million dollars to the schools. Traffic experts estimate that only 883 trips will be generated per day and the new development will have a bus service to drive members around town. Look for an upcoming meeting/hearing for the new zone.
	Information From the JAC Report	Proposed Development Includes






	Dallas Realty 40.9 Acres Undeveloped land behind Publishers clearing House, Franklin Stainless, Fiesta Nuts and Pleasant avenue. This parcel is approximately 13% of the total Village area. There was a proposal in 1998 by Sandy Hollow Associates, LLP to develop 327 Senior Housing units (8 units per acre). The property would require a zoning change by the Village Board because the property is currently zoned as Economic Development A (form of industrial).	Original Plan - The following is proposed for the development of the 41 Acre Property. Obtaining a change of zone form the Village from Economic A to a new zone for senior housing (currently not written or adopted). Clear the existing trees and debris. Build units with 20' rear setbacks and 10' side setbacks. Building 327 Senior Housing Units. Create a gated community for residents only. FEIS Modifications I did get a peak at the draft FEIS and the following modifications were made. 1. Reduced number of units from 327 down to 250. 2.Aa 50 foot setback was used around the perimeter of the property instead of the 10-20 foot setback previously listed. 3. Sandy Hollow will donate $3500 per house to a park fund estimated at $875000 4. Eight acres appear to be donated as open space in the northern portion of the property. More to follow
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41 Acre Property News