Two things came out of the discussion on the Island Properties townhouses proposed for 286 South Street: there will be an evening meeting on June 24 at 7 p.m. and the town will consider doing a generic (cumulative) environmental impact study of the proposed Island Properties plans. Those items were brought up at the June 10, at 10 a.m. hearing before the Oyster Bay Town Board. Island Properties asked for a special use permit meant to (1) revoke the existing plans for an Assisted Living Facility for 112 units on the former Hallock Chevrolet dealership in the hamlet and to (2) give an approval for 33 townhouses on the site, which needs a SUP to create residential housing in a commercial zone.

If the plan is denied IP can put in a strip mall on the commercial site as long as they conform to the set backs and site requirements needed, said a town spokesperson. During the presentation by attorney Jeffrey Forchelli, he presented the options that IP faces. It can get approval for the 33 unit townhouses or it can fall back on the original permit and build an assisted living facility.

He said in a telephone interview, "I don't like making threats like that, but people should know all the options. When they see the options they can see the benefit," he said.

Mr. Forchelli explained the plan calls for 33 townhouse units with 21 facing South Street in the front of the development and 12 townhouses in back, off a driveway that cuts through the property north to south. There will be two car garages under each of the about 33 ft. high units. They will be two and a half stories high, with a basement containing garages and utility rooms and two stories above.

Each has two bedrooms, and is intended as a condominium for empty nesters and will sell in the $500,000 range. There will be a condominium association to own and maintain the common areas. The individual owners take care of their own units.

The new plan calls for the demolition of the American Legion Hall, which for a long time, residents have believed was going to be preserved and incorporated into the design. Members of the Oyster Bay Civic Association were shown preliminary drawings some time ago, that included the building. When Mr. Forchelli was asked if the driveway necessitated the demise of the American Legion Hall, his answer was: "The building just doesn't fit in. It should have been torn down. The Legionnaires took out what they felt was important," he said, adding, "The approval they have (for the ALF) calls for the building to be demolished."

Mr. Forchelli said, "We were there to talk about substituting for the 112-unit, 150 bed assisted living facility, a 33-unit of townhouses. The ALF was very large three story building that ran the full length of the property with four curb cuts, a drive that went in south and out north, very close to the residents area and a semi-curvilinear drive with curb cuts on South Street. It had 30 employees during the peak hours of 7 a.m. to 3 p.m.; 25 employees from 3 p.m. to 11 p.m. and six or seven employees in the 11 p.m. to 7 a.m. shift. There were three eight-hour shifts," he said.

"What is being proposed is 33 townhouses with an occupancy of 66 people. The proposal can't be looked at in a vacuum, that it is 33-units or nothing. That's not where it is at. There is an approved project. We are proposing instead of an ALF with 130 to 150 people, plus employees on three shifts, town houses with 66 residents, with house cleaners and lawn people and maybe 10 employees for a total of about 25 more workers."

He added figures from the Town of Oyster Bay Environmental Review material: there will be about 18 vehicle trips at peak hours, as opposed to 24 for the ALF. The water consumption is 10,600 gallons as opposed to 12,400 for the ALF. The solid waste is estimated at 231 lbs. vs. 500 lbs. There are two curb cuts as opposed to four cuts. The project has the required parking for 76 cars: each unit has a 2-car garage and there is parking for 10 guest spaces. The total square footage is 59,800 vs. 97,188. "We are using about 60 percent of the floor area of the original ALF. There are no variances needed. We think it is a very substantial reduction," he said.

During the meeting, Friends of the Bay Executive Director Louise Harrison suggested that before the town decides on the proposal, that it do a generic environmental study of all the plans of Island Properties. The suggestion was based on a New York State Department of Environmental Conservation law on segmentation. It suggests that when one person owns a great many parcels about to be developed in an area, that the cumulative affect of the work be considered.

Town Councilwoman Bonnie Eisler agreed with Ms. Harrison's suggestions and asked Town Supervisor John Venditto if he thought that a generic impact study was needed. He said it was worthy of consideration. When Mr. Forchelli was asked if he was in favor of a generic environmental study of all the Island Property plans for the hamlet, he said, "It is not that simple." He quoted a case that took place at a Meadowbrook Parkway and Northern State interchange, saying that the court said they were interrelated projects that were dependent on each other. We don't have that in Oyster Bay."

Mr. Forchelli said "This has already been approved and is in the pipeline. No, we can't tie it up in a long process." He said a generic impact statement could take three years. It will make it easier to decide to develop what is approved.

He said, "When you look on the totality of the circumstances, this is an improvement of what has been approved. It will serve a need in the community and I think it will be an asset."

After the town hall presentation by Island Properties Attorney Jeffrey Forchelli on the morning of June 10, members of the community gave their views of the 33-unit townhouses proposed for 286 South Street in Oyster Bay. Mr. Forchelli was requesting the board revoke the Special Use Permit to build a 112-unit assisted living facility and instead permit the commercial property to be used as a residential site.

John DeBellis was the first person to ask for a night meeting, which was later set for June 24. He was concerned because the two-and-a-half story townhouses would look into the backyards of Sampson Street residents, including the pool of his neighbor with 16- and 17-year-old daughters. He asked if they would erect a foliage screen, asking that the existing maple trees be maintained for that purpose.

An IP representative said there would be a six-foot fence with evergreens along the back fence.

Mr. DeBellis was also concerned about the entrance and exit by the Gulf Station and asked that a traffic light be installed there for safety. He also said he wanted to preserve the American Legion Hall that had a nostalgic value, as members of the Roosevelt family were members of the post. He also questioned who would pick up the garbage and the effect of additional sewage. Supervisor Venditto said the town would be responsible for taking away the waste, but added that often a large facility prefers to have their own waste hauler rather than conform to the town's waste regulations.

Louise Harrison, Friends of the Bay executive director, asked the board to do a generic environmental impact statement of all the Island Property plans. She said, "It's true we don't have all the information but we never will unless we ask. It's easy to plan piecemeal developments but isn't that what you don't want? That is what you tried to prevent in the Hamlet Plan. This is rare, that one property owner has so much in a small area with citizens who want a plan and a chamber of commerce that wants a plan and a town that came up with a Hamlet Plan for that town. You couldn't have dreamed of all that happening. If one is not done for this plan, when would one ever be done?" she asked.

The questions to be answered are, "When total build-out occurs what will the traffic be like? What will be the effect on stormwater be? Now is the time to find out." She added, "This is not something that IP has to do on its own. You should put your own planners on the case." She said they could look at what the Oyster Bay Sewer District needs: to be upgraded and have a nitrogen removal program, and complimented the board saying, "You are doing the Mill River Watershed study. The town got the grant and that is excellent, but it is a piece of the picture."

Ms. Harrison said, "This doesn't have to be adversarial. It just is the right thing to do and now's the time."

She also commented on consent forms handed in by Mr. Forchelli supporting the townhouses. She said in her more than 20 years experience, "that sort of submission is more likely to stir up suspicion and contempt. I have found that when consent forms are signed, people sometimes feel their first amendment rights have been curtailed, since they think they can't speak up later."

Local resident Charles Doering showed the town board a plan for 286 South Street he had drawn up that showed several houses and retained the American Legion Hall. He said the historic building was built by Theodore Roosevelt Jr. 's widow in honor of her son Quentin Roosevelt who was shot behind enemy lines. "They had a truce to bring his body back to the Allies. The Legion shouldn't have sold the building. They should have spoken to the community if they needed funds to maintain and repair the building," he said.

He ended by saying: "We're going to have an awful lot of people here. There are 85 members per fire department and they and the sewer system may be maxed out with the increases." He suggested the board send IP back to the drawing boards.

Nick LaBella said TR Jr. was the most decorated soldier in America. "He saved hundreds of lives in the Normandy landing in World War II. He founded the American Legion Hall (after World War I) with his mother. He was the Legion Commander. During the depression, my father told me, TR Jr. would help veterans financially, off the record. That building has the echoes of a rich heritage. Can we not stop the erasing of our cherished landmark?"

Mr. LaBella was also critical of enticing boaters to come and spend their money in Oyster Bay which, among other developments, will help create a permanent gridlock on the roads. He added that he wasn't happy about the way Theodore Roosevelt is being used to promote the hamlet. "TR is being used," he said, adding "Island Properties' company logo should be a cash register."

Mrs. William Russell was critical of the townhouses saying they will create more traffic, an increase in the student population, and problems with sewage, water and taxes. She said, "Go back to the ALF. There is a great need of them here. Consider the welfare of the town."

Pierre Brandt, whose house is next to Harbor House on Orchard Street advised the board not to make the same mistake they did with that assisted living facility. He said he can't open the windows on the side facing Harbor House because he sees into the bedrooms of the residents. "I can't open the windows anymore," he said.

Joan Mahon, Main Street Association executive director said her group was having a board meeting that Tuesday night. (She said a few days later that they had approved the plan.)

Caroline DuBois said, as a citizen and environmentalist, "I love what Louise Harrison said." She talked about the carrying capacity of the harbor, saying that if too much pollution gets into the harbor, the fish die. She asked "How do you overcome that finite number; what is the cumulative impact on the eco-system of the development?" She also asked about the effect of the 300-unit Avalon apartments, proposed for the former Pine Hollow Hallock Dealership site.

Jack Bernstein, a member of many local groups, said he was speaking as a longtime resident of Oyster Bay. He spoke of playing the saxophone at dances at the American Legion Hall and remembered it fondly, but said, "Unfortunately the time to preserve that building has passed. It could have been saved if the American Legion put some covenants on the site." He said "We don't want the assisted living and to see a massive building there. That's what they've got permission for. We shouldn't take that chance. If you turn this down, they could go to the other plan."

He said previously he was talking as a private citizen, but added he is the chair of the Main Street Association Economic Restructuring Committee and said: "In that case I want to see new residents shopping in town."

He added, "Mr. Wang is not developing from scratch, he is taking existing properties and revitalizing them. As to the future of Commander Oil, that is a different story."

Mr. Bernstein said: "I am in favor of the application and I request you approve it ASAP."