The developers of Mill Pond Overlook attended the July 18 meeting of the Oyster Bay Civic Association to explain their planned project of building an S-2 golden age senior housing complex on the Lizza property on Mill River Road. The property, encompassing both sides of Underhill Rd., includes the stretch of land on Mill River Rd. from one house short of Lexington Ave., up to and including the house opposite Harbour La. (Top of the Harbour). They were met with a strong wall of opposition as residents questioned the project.

Wayne Edwards, an attorney with Certilman, Balin, specializing in real estate, who is representing the developers, began his proposal by quoting statistics to prove the county has a growing senior population and that they need housing. He said town residents already are signing up for the units. Maureen Fitzgerald, Commissioner of Intergovernmental Affairs, said she had a list of 4,000 people who are interested in senior housing. Many of them are seniors who formerly lived locally and are living all over the United States. She said there are a few requests from residents of the hamlet, but said applications come through after notices are sent out to the area being served. Mr. Edwards said they do have many applications from East Norwich residents.

Ms. Fitzgerald said the town looks through the applications and gives them to the developer who makes the contact for the sale. Mill Neck Overlook is for people over the age of 62 and the list is prioritized in the following way: The first on the list are Oyster Bay-East Norwich School District residents; second are Town of Oyster Bay residents; third: are parents of OBEN residents; fourth are parents of TOB residents; fifth are Nassau County residents and then all others.

The application in the file for the longest period of time is from 1996, Ms. Fitzgerald said.

While the need is apparent for senior housing, residents listening expressed the opinion that it was the site that was inappropriate; among their reasons being the amount of earth that will have to be moved to accomplish the developer's goals.

One of the major concerns is the removal of from 30,000 cubic feet to 40,000 cubic feet of soil that teh deveolper's engineer believes will be sand. Louise Harrison, executive director of Friends of the Bay, asked how much money they would get from the "sand mining". She was told by Bob Behringer, with the builders Carriage Hill Associates, that he couldn't tell what the material would sell for, that it would depend on the need when it was available. Mr. McEvoy said, "Lizza owns an asphalt plant. That's where the sand goes." The Lizza family owned the famous sand pits that have been developed into Norwich Gates. Mr. Behringer looked down and covered his face, saying nothing.

Mr. Behringer told residents, as they questioned the plan, that this was "an informational meeting," and that the purpose was for residents to identify things they felt needed to be addressed. "Tell your civic leaders your concerns about drainage, slopes, the DEC, environmental impact, traffic and parking. It's now your job to tell the town board about all of your concerns. Write letters. This is all pre-board meeting. We came to explain. Now you have questions. Present them. If we can't answer them they can deny the application."

He said their experts would answer the questions. "That's what we are trying to do. We've spent a lot of time and money to make a viable project that we think the town needs."

Gennaro Pasquale who was instrumental in the fight over a proposed marina at Beekman Beach said, "It's only a done deal if we let it be a done deal. This is how Friends of the Bay was formed. You need hundreds of signatures and a better plan. It's a matter of getting together and starting. Nobody here wants it. It will take a lot of hard work. It's about keeping the community the way it is. It's a lot of work to make sure it doesn't happen - the way we prevented development of the waterfront and got a better result."

Marie Knight, president of the Oyster Bay Civic Association called out, "Get your applications (for the Oyster Bay Civic Association). An unincorporated village needs a strong civic association. Your voice will be heard."

During the meeting, resident after resident stood up and asked pointed questions indicating their displeasure with the project.

Mr. Edwards reviewed the project. It covers 4.74 acres on both sides of Underhill Road. He said Underhill is a private road, and each homeowner owns the road to its midpoint. Since the Lizzas, with the aquired properties, now own the property to the midpoint on opposite sides of the road, they in effect own the road and can close it for their development. This is one of the issues in contention. Oyster Bay historian John Hammond said he has never heard it called a private road. Residents said it has always been maintained by the town.

There will be 66 units built, said Mr. Edwards. He held up a drawing, saying it would look colonial. The listeners made disapproving sounds.

There will be six buildings: four with 10 units each; one with 12 units and one with 14 units: all two stories high. They have two bedrooms, bath, living room, dining area, kitchen and closet space. Parking will be in front which appears to be the area facing Underhill Road - which they plan on making into a cul-de-sac. "The homes on the cul-de-sac will be worth 10 percent more," said Mr. Edwards. The back of the units will face Mill River Road. There is a 980 sq. ft. clubhouse with a card room and bathrooms.

The project must be 100 feet away from the wetland border - which allowed them their DEC permit.

Mr. Edwards made a point of saying, "The town makes us pay for the work of Fredrick P. Clark Associates, the town's planner. The project plans have been tweaked by them. We have to make a complex landscape plan." He recounted the numbers of trees that would have to be placed there, after they removed the existing trees. He read off a long list including 90 six to seven feet deciduous trees and went on to include 980 shrubs in 11 varieties and much more. Fredrick P. Clark wants a wide variety of trees, he said.

There will be picket fencing on Mill River Road and around the project.

Most people pay cash for these units, said Mr. Edwards. Therefore the homeowner will pay only about $300 a month in maintenance charges and taxes. The price for the unit is based on a town formula that includes the median income in the school district. It is still to be set by the town board members.

Board member Charlie Doering asked the pertinent question: is it true the top of the hill has to be brought down to the level of the street with 70,000 tons of soil removed?

The engineer from Sidney Bowne, Dane Kenny, said they will add 10 feet to the lower end of the project and cut down the hill by 20 feet.

Louise Harrison continued the questioning after some residents brought up several other points. Ms. Harrison said "The biggest tractor trailors haul 40 cubic yards, you will need about 1,000 loads." Mr. Kenny agreed.

Patricia Hambrook said people were concerned about what was happening in this small village. "It's not Hicksville or Glen Cove. We have projects for seniors including assisted living, senior housing, a proposed senior housing facility. We are just not interested in another institutionalized project. I walk every day and I like that shady area. I drive on it every day. I can't get out at 9:30 a.m. it is full of traffic. I don't know how you can justify this. It's not ethical - we are asked to give up the environment and aesthetics of the community so a few developers can make a profit," she said.

Charles Gaulkin asked about the sequence of approvals needed. Mr. Edwards said, "We are trying to rezone the property and have made an application for RSC-25/S-2 housing. We have the DEC permit. We filed an environmental statement with the town's Environmental Quality Review board and they asked for additional information. We have paid for the work of Frederic P. Clark Associates for over 2 1/2 years regarding the project. The site plan approval began three or four years ago which includes lighting, landscaping, parking lots.

"The next step is to develop an interim plan and then to get the building permits." They have submitted drainage plans and he offered to show them to FOB's Louise Harrison.

He said they also need permission from the Nassau County Planning Commission for their subdivision plan.

Resident George Lindsay said the idea that the town would allow a developer to remove a hill, change the ecosystem of an area without an environmental impact statement was unimaginable and unconscionable. He said the EIS should be required and said, "I hope everyone agrees to add their voice to that."

Marie Knight urged residents to attend the town board meetings. She said the members of the OBCA would vote on their take of the Mill Pond Overview plans at their September meeting. She said the project was not on the town calendar as yet, but was sure it would be there before December.

Residents living in the area have been expressing concerns about adding to the already high density of traffic at Lexington Avenue and Mill River Road, as well as the congested area around the Theodore Roosevelt School when parents drop off and pick up their children. Residents say the two sharp turns on Mill River Road at Harbour Lane are dangerous enough for cars entering or exiting that road without adding the increased traffic that would be brought by a housing project with two entrances on that part of Mill River Road.