The evening began with a rare and warmly received display of bipartisanship, as Mr. Lesko, a Democrat, shook hands with each member of the Town Board and thanked his former Republican opponent Tim Mazzei for his "graciousness."
Then the night ended following a chillier display of bipartisanship. Republican Kathy Walsh voted along with Mr. Lesko and fellow Democrat Connie Kepert in support of Middle Island's Sandy Hills project only to see the controversial proposal denied a critical zone change when Democrat Steve-Fiore Rosenfeld voted against it, along with the remainder of the Republican majority.
Making matters even more confusing and unusual around Town Hall was the manner in which the vote was conducted on Sandy Hills. In order for the mixed-use project to move forward, the Town Board needed to vote on three separate measures: the adoption of a findings statement; the designation of the property as a "tertiary zone" in which moderate-density housing is appropriate, even though the site is located within the compatible growth area of the Pine Barrens; and a resolution approving a change of the site's zoning use districts from A1 residential to J2 and MF, allowing commercial and multifamily uses, respectively.
While the findings statement was approved unanimously, the designation of the site as a tertiary zone was rejected, which effectively killed the project. But even after the tertiary zone designation failed, the board still voted on the changes in zoning use districts, and that resolution passed when Mr. Mazzei voted in favor of it.
The town code's Multifamily Residence District provisions do not allow for MF zoning except in specific areas described as primary, secondary and tertiary zones. Primary zones are "Main Street Business Districts" and areas within 500 feet of such districts. Secondary zones are outside Main Street Business Districts, but have "convenient access" to commercial centers and transportation services. Tertiary zones are all other areas, except, according to the code, areas within the Pine Barrens. A site within the Pine Barrens compatible growth area, as the Sandy Hills site is, can be designated a tertiary zone by vote of the Town Board.
The board's rejection of the tertiary zone designation for the Sandy Hills site raises questions about the legality of the subsequent vote approving the MF zoning. The board was expected to meet in an executive session Thursday to further discuss whether it could legally approve the third resolution granting the MF and J2 zoning.
"I still don't know what happened," said baffled Middle Island Civic Association president Tom Talbot, several days after the meeting.
Mr. Talbot and other supporters of the Sandy Hills development called the vote a major setback for plans to revitalize Middle Island. Its 135 housing units and 13,000 square feet of commercial development made up one of three development plans proposed for the intersection of Middle Country Road and County Road 21, as outlined in the Middle Country Road Land Use Plan. Sandy Hills was a key piece to that puzzle, because developer Frank Weber included in his plan a sewage treatment plant that was expected to service the other two projects -- a larger mixed-use proposal on the former Kogel Lumber property across from Longwood Public Library and a 66-unit townhome proposal for another parcel opposite County Road 21.
"This could essentially kill the Middle Country Road Land Use plan," Mr. Talbot said.
But Pine Barrens Society executive director Richard Amper and Affiliated Brookhaven Civic Association president MaryAnn Johnston are calling the defeat of Sandy Hills a victory for the environment.
Though 4th District Councilwoman Connie Kepert and other proponents of the project have called it "smart growth," Mr. Amper disagrees.
"This is an example of someone slapping the smart growth label on a high-density favor for friends," said Mr. Amper, who has argued that the development of that section of Middle Island could be detrimental to the Carmans River watershed. Ms. Kepert said Suffolk County health department studies showed the development projects would have no adverse impact on the river.
Mr. Amper said the developer constructing his as-of-right 34 single-family homes with individual cesspools would be the lesser of two environmental evils, a point also disputed by Ms. Kepert.
Ms. Kepert said Sandy Hills and the Middle Country Road Land Use Plan are designed to positively impact the environment. The interconnected roads, which would tie in with the library and neighboring post office, are designed to create a walkable village center.
"It would no doubt reduce our carbon footprint," Ms. Kepert said.
Ms. Kepert said she was not sure what Mr. Weber, who could not be reached for comment before presstime, will propose for the parcel moving forward. She also said it's too early to tell how plans for the surrounding properties will be impacted.
The vote provided a somber ending to what started out as a very congenial meeting. Mr. Lesko was greeted with a standing ovation from nearly everyone in the crowd of more than 300 observers, which included former Town Supervisor Brian Foley. Another standing ovation was then given when he again announced that Ms. Walsh would serve as his deputy supervisor and also when he thanked Mr. Mazzei.
gparpan@northshoresun.com