Lindenhurst Village gives final okay on Narragansett Villas | www.babylonbeacon.com

After spending almost two years extensively reviewing and revising a proposal for a senior citizen complex at the site of the former Narragansett Inn catering hall, Lindenhurst Village officials gave the formal go-ahead for the project last week, Wednesday, August 22. The approval comes with a lengthy list of requirements and restrictions designed, said Lindenhurst Village Mayor Lynda Distler to ensure that "every aspect of the new facility meets Village guidelines and will be something the Village can be proud of.

"We studied everything very carefully," said Distler who, over the past several months has toured senior housing facilities in other communities to get ideas and input on the Village’s project. "We wanted to see what was successful and what we could do to make our project even better."

One of the major things to the Village Board did to make the project better, they said, was to require that the units be owner occupied. That, said the Mayor, would give the residents of the facility a vested interest in their homes and their community. "This will be a place they will care about and take care of," she said.

Residents who have been involved in the process since the developer first proposed it at a series of informal community meetings and who attended the August 22 Village meeting to hear the final approvals granted said they were pleased the project is moving forward.

"It’s been an interesting process and everyone involved worked closely with us," said Brenda Ferrante who lives near the site. "From the beginning the developers and the Village wanted our input and our suggestions and they took them seriously, which makes this the best project we could have."

Ferrante, and other residents said the alternative—commercial development of the site—would have been disastrous to their community. "We certainly didn’t want a Big Bob’s retail store there," she said.

June Vegessi, another resident agreed. "This project has blossomed," said Vegessi who was concerned from the outset about the size of the buildings and their setback from the residential homes. "I was at every single meeting and I think the officials listened."

"Not only that, but Mayor Lynda(Distler was in constant contact with us and was concerned about the community," said Ferrante. "She kept us informed every step of the way."

Another resident who has monitored the case since its inception said commercial and senior housing development were not the only options.

"This Town and this Village has too many senior citizen units," said Chris Ferenscik, a Lindenhurst Village civic leader. "They could have built a beautiful community of upscale single-family homes there, that’s what I would have liked to have seen go up."

The 9.6 acre site will be home to 132 property owners at Narragansett Villas. Developers are Robert Curcio Jr., and Gary Passavia. The formal approval, which authorized the rezoning of the parcel, was passed by a 4-1 vote of the Board, with Trustee Raymond Doran voting against the proposal.

In a tersely worded statement following the vote, Doran said he understood why the board "approved an increase in the building fees of $100,000 in this year’s budget," apparently indicating that he believed the approvals were a foregone conclusion.

"I think he is assuming the $750 one-time recreational the Village is assessing on each unit is a building department fee," said Distler. "That’s not the case. The $750 fee goes into a separate account for improvements to parks and other recreational areas and is something we frequently add on to new construction proposals. Shawn Cullinane said the fees take into account the additional demands on the Village’s recreational sites, such as its parks and marina, as a result of new construction.

Distler acknowledged, however, that the Village did increase building department fees this year by $100,000. But that was in anticipation of completion of several other projects already underway in the Village including The Gail Grace Senior Apartment complex, the Eckerd drug store, improvements to the Kentucky Fried Chicken restaurant and Hess gasoline station on Montauk Highway to mention a few. "There’s not a block you drive down on in Lindenhurst where you don’t see improvements on homes and buildings being made and that increase was our building inspector’s estimate of the additional revenue we could expect as a result of those projects, not Narragansett Villas," she said.

Gerard Glass, the Village’s attorney, said the Village does not anticipate receiving any of the building fees on Narragansett Villas this year. "This project will not move that quickly," he said. "They will likely be in next year’s budget."

"I think that Mr. Doran is just misinformed and mistaken," said Cullinane.

The Village’s approval provides the developers with three months from the August 22 meeting to demolish the existing burnt out structure on the premises. Construction of the complex must then begin no later than six months from the date the Planning Board gives final approval to the plans and it must be completed within two years after that, unless the Village board extends the time limit by resolution.

The Resolution Approved is as follows:

The Village board also required the addition of a half bath in each unit, and a minimum of 880 square feet of habital space, which does not include bathrooms, hallways and closets. "In affect, these will be 1,200 square foot units," said Distler who, with the rest of the board, was concerned about the size of the units when last proposed by the developer.

The exterior buildings will have turrets and be architecturally designed to eliminate that "straight homogeneous look," added the Mayor. "We truly want this to be an asset to this community and we welcome the opportunity to provide alternative senior housing, which we know by the number of requests we receive is very much in demand.

Motion by Trustee Brennan, seconded by Trustee Tanner...

WHEREAS, a public hearing was held by the Board of Trustees ("Village Board") of the Incorporated Village of Lindenhurst on April 17, 2001 regarding the application of Narragansett Villas LLC/Robert Curcio Jr., to rezone from residence B and Business to Senior Citizen Multiple Residence the premises known as SCTM #103-20-1-19, located at 244 East Montauk Highway, Lindenhurst, New York; and

WHEREAS, the Lindenhurst Village Board has reviewed this application, determined all necessary pre-hearing public informational meetings were held, conducted an on site inspection of the premises, consulted with its own independent experts, reviewed the official records of the Village of Lindenhurst and heard all the testimony presented at the public hearing regarding this rezoning; and,

WHEREAS, the Village Board, by decision on August 7, 2001 has determined under State Environmental Quality Review Act ("SEQRA") that the proposed rezoning will not negatively impact the environment and therefore issued a negative declaration; and

WHEREAS, the Lindenhurst Village Planning Board ("Planning Board") by decision dated January 10, 2001 has in its advisory capacity recommended the approval of this change to the zoning map and issued a negative declaration under SEQRA; and,

WHEREAS, the Village Board has determined that a change in zoning will not pose any threat to the general public health, safety and welfare of the community, the proposal is in the best interest of the community given the current status of the property, potential uses for the parcel and conditions in the Village, and is the best use for the property; and,

WHEREAS, the Village Board finds the need for alternative senior housing in the Incorporated Village of Lindenhurst and local area is substantial as evidenced by numerous requests made for available senior housing, waiting lists for such housing at numerous senior housing complexes, our aging population and the testimony at the public hearing from senior citizen advocacy groups and others; and,

WHEREAS, this complex will provide those seniors who no longer need or desire a typical residential home, an alternative to moving away from family and friends; and,

WHEREAS, the proposed use will generate tax revenue while presenting no additional burden on local schools and is one of the most passive of development choices for the parcel; and,

WHEREAS, utilities, emergency services and the road system are capable of sustaining the use.

NOW, THEREFORE, BE IT RESOLVED, that the application for rezoning be approved subject to the following restrictions and conditions:

1. The project shall be developed exclusively as owner-occupied condominiums, subject to the Planning Board’s site plan approval, with the necessary and proper filings related thereto. The prospectus with house rules, regulations and by-laws shall incorporate the tenets of the Lindenhurst Village Senior Citizen Multiple Residence Code, as well as the restrictions of the within resolution. The house rules and regulations and by-laws shall be approved by the Village Board prior to the units being offered for sale, or any Certificate of Occupancy being issued.

2. Approval by the Planning Board of the site plan which shall include, but not be limited to, the applicant’s acceptance and compliance with the Planning Board’s determinations regarding lighting, plantings, drainage, traffic flow, fencing and other matters, including aesthetic issues, subject to final review and approval of the Village Board. No change may be made to the site plan once approved without Planning Board and Village Board approval.

3. No variances beyond those associated with the most recent revised site plan dated 7-27-01 and Floor Plan #9041 dated 6-8-01 submitted to the Village Board shall be allowed. The units shall have a minimum of 880 square feet of habitable space with a minimum of 1-1/2 baths. All other zoning, building and dimensional requirements of the Village Code shall be strictly complied with.

4. Prior to the issuance of a building permit, the applicant shall submit revised site plans and building plans which are in accordance, in all respects, with the requirements of the Village Board, Planning Board and Zoning Board including, but not limited to concerns associated with the following planning considerations, as may be specified on the approved final site plan and/or the within resolution: parking, vehicular and pedestrian access and circulation; location, scale, size, massing and density of buildings and accessory structures; provision of suitable landscaping, screening, fencing, and street tree plantings; development of suitable lighting and architectural design; institution of social and recreational facilities and other amenities; preservation of open space and environmentally significant or sensitive features; and installation of drainage control devices and utilities. This decision is subject to the Village Board’s approval of said plans.

5. A 37-foot building setback shall be provided along the yard abutting Route 27A with the exception of clearing necessary to allow suitable ingress/egress, installation of utilities, drainage control and infrastructure improvements. The yard shall serve to mitigate noise from Route 27A (East Montauk Highway) and consist of appropriate screening, noise abatement and landscaping measures deemed necessary by the Planning Board during site plan review.

6. A minimum 10.2 foot natural landscaped front yard as per Alignment Plan for Narragansett Villas dated 7-27-01 (2:05 pm Robert’s) shall be established and maintained along the interior roadway abutting the units with the exception of clearing necessary to allow suitable ingress/egress, installation of utilities, drainage control and infrastructure improvements.

7. Appropriate buffering and screening shall be provided to adequately protect and preserve the integrity, use and enjoyment of on-site dwellings and surrounding single-family residential properties. Said buffering shall be no less than 25 feet in width and screening shall include the construction of a vegetated berm planted with non-deciduous landscape materials at a height and spacing deemed necessary, appropriate, and adequate by the Planning Board and Horticulturist to screen the proposed development from adjoining properties, and/or six-foot wall or stockade fencing.

8. A minimum 25-foot natural and undisturbed/landscaped buffer and a 25-foot building setback shall be established along the northerly (rear) yard. The rear buffer adjacent to any adjoining residential homes shall not be utilized by residents of the complex or others for outdoor activities other than those associated with initial construction and ordinary maintenance.

9. A minimum 25-foot undisturbed natural buffer and a minimum 25-foot structural setback shall be established along the eastern and western parcel boundaries (side yards). However, the existing structure located in the southwest corner of the described parcel shall retain its current buffers and setbacks.

10. No basement or cellar areas shall be occupied as living or sleeping quarters, or for habitable use of nay sort. Living or sleeping quarters shall be provided for management and custodial employees, in accordance with the New York State Uniform Fire Prevention and Building Code and the Lindenhurst Village Senior Citizen Multiple Residence Code. Any such apartment shall be included as part of the density requirements calculation.

11. A basement storage area in the Recreation Building shall be allocated to each unit.

12. No porches, balconies, patios, decks, exterior entrances or similar structures shall be permitted along the rear of any of the proposed buildings or dwelling units.

13. The structures shall include front facade design elements which shall be varied and include features such as turrets, balconies, porches, bay/bow windows, and include not less than three different architectural designs substantially similar to those presented to the Village Board in the review process.

14. Adequate facilities shall be provided for the removal of snow, trash and garbage and for the general maintenance of the development. When the method of disposing of trash and other solid wastes is by means of industrial-type receptacles (dumpsters), all such receptacles shall be located on permanent concrete platforms which shall be suitably enclosed with a 6-foot slatted chain-link fence and self-closing gate and each dumpster location shall not be closer than 30 feet from any window in a habitable dwelling. Trash shall be disposed of so as to avoid bothersome noise and odors. In accordance with the requirements of 193-77, Refuse Facilities, of the Code of the Village of Lindenhurst, dumpsters shall be emptied at least twice a week and only between the hours of 8:00 a.m. and 3:00 p.m.

15. To ensure the long-term health and survival of lawns and landscape plantings, the applicant shall install and make functional, a permanent and automatic irrigation system for all landscaped areas prior to the issuance of any Certificate of Occupancy.

16. all storm water runoff, drainage or overflow which may occur during or after the site preparation and development of this site plan and its roads, driveways, sidewalks, parking areas, decks, patiios, roofs, or other impervious surfaces shall be retained on-site by adequate drainage structures to ensure that such runoff does not reach nearby properties and public rights-of-way. Drainage facilities of sufficient size, as approved by the Village Engineer and Building Inspector, shall be installed prior to the issuance of a Certificate of Occupancy. No building permits shall be issued unless plans depicting these drainage facilities have been reviewed and approved by the Village Engineer and Building Inspector.

17. The applciant shall provide a lighting plan which includes information pertaining to the color and style of proposed lighting fixtures and stanchions; height of stanchions/light poles or wall-mounted lighting; locations and spacing of lighting; type, wattage, and color of bulbs; and photometric data. These data shall demonstrate that proposed lighting will not unduly illuminate adjoining parcels and street right-of-way nor contribute to excessive "skyglow," and shall satisfy the requirements of the Village Engineer and Planning Board.

18. Outdoor lighting shall be controlled by a time clock or positive photocell switching device so as to ensure adequate lighting during times of darkness. All fixtures shall be shielded and projected downward in order to prevent excessive illumination or intrusion of light onto adjoining properties. Stanchions/light poles shall not exceed a total of 15 feet in height. All site lighting shall be subject to further review and refinement by Village Board to ensure compliance.

19. All fencing shall have the smooth or finished side facing the outside of the property, and all posts, braces or pipes must be installed on the inside of the fence.

20. Prior to the commencement of any clearing, grading, excavation or construction, a project-limiting fence shall be installed along the clearing limit line shown of the approved plan/or along the perimeter of the parcel/or down gradient of the proposed work area, to the satisfaction of the Building Inspector. The applicant shall subsequently request an inspection by the Building Inspector to verify that such limits are correctly and adequately defined. Said fencing shall remain throughout the entire construction period of the project and be maintained in a suitable condition to mitigate impact to adjoining parcels, street rights-of-way, and existing drainage control devices.

21. Appropriate measures shall be taken during project construction to prevent windblown and waterborne erosion and sedimentation. Such measures shall include, but not be limited to, the installation of silt fencing and staked hay-straw bales along the outside perimeter of the proposed area of disturbance during development activities and until such time that soils are adequately stabilized, so as to prevent erosions of soils on site and the siltation of off-site areas, including street rights-of-way, storm water catch basins and other drainage facilities. Any impact of dust upon surrounding properties shall be promptly and appropriately addressed and mitigated by the applicant.

22. All vehicles, equipment and machinery used at the premises during construction and otherwise shall be utilized in such a fashion as to comply with the Village noise ordinances.

23. Access for ingress and egress shall be taken from the frontage of the property along East Montauk Highway at a point determined to provide sufficient sight distance in each direction, which minimizes hazards to motorists and pedestrians, and adequately addresses traffic congestion and circulation conflicts. Emergency access shall be allowed for access via South Fulton Avenue. The involved parties shall cooperatively seek approval of the New York State Department of Transportation for the addition of a traffic signal on East Montauk Highway in front of the complex, although the approval is not contingent on such traffic signal. In the event such approval is obtained, the applicant shall pay all costs associated with the installation of such traffic signal. The Village Board reserves the right to mandate a reserve fund to be set aside for such purpose. In the event the request for such traffic signal is denied, the Village reserves the right to request further on-site traffic improvement. This may include the establishment of a restriction that right turn only shall be permitted from the East Montauk Highway curb cut and appropriate signage added.

24. All required permits from the New York State Department of Transportation for curbcuts, lane improvements, acceleration and deceleration lanes, etc. shall be obtained and submitted to the Village Board and all work shall be completed to the satisfaction of the State Department of Transportation prior to the issuance of a Building Permit.

25. The interior roadway of the development shall be a private road. No parking shall be permitted along said roadway except where designated on the approved plan. The Village of Lindenhurst shall enter into a perpetual agreement satisfactory to the Village, with the applicant, its successors and assigns, permitting the Village to establish and enforce parking regulations within the development.

26. The area abutting South Fulton Avenue at the north end of the property, as shown on the aforesaid site plan and designated as "Emergency Access Easement", shall be subject to the conditions and restrictions set forth in an emergency access easement which shall be recorded and filed in the Office of Suffolk County Clerk. the area of access easement shall be cleared, graded and stabilized with porous pavement materials/porous grid pavers to a width of 15 feet prior to the issuance of building permit and shall be maintained completely free of any obstructions, whatsoever, that may prevent or hinder the passage of emergency vehicles. This shall be used for emergency access only.

27. A pedestrian accessway/sidewalk which has been designed in conformance with the standards and specifications of the American With Disabilities Act (ADA) and village Board shall be provided from each proposed dwelling unit to the East Montauk Highway right-of-way and shall extend along the entire length of the parcel’s frontage, in both directions along the right-of-way, in accordance with the specifications of the new York State Department of Transportation, in order to facilitate pedestrian access from the interior of the site to East Montauk Highway and the surrounding commercial district. The installation of sidewalks along South Greene Avenue to be determined by the Village Planning Board.

28. No parking variance shall be permitted. Parking areas shall be designed in accordance with the approved site plan of Narragansett Villas and all handicapped parking spaces shall comply with the specifications of said plan and the requirements of the Americans with Disabilities Act.

29. Letters from all relevant public utilities as may be required by the Building Inspector and/or Village Engineer shall be submitted to the Village Board of Trustees indicating suitable infrastructure and capacity service to serve the proposed project, prior to issuance of a building permit.

30. Fire hydrants and/or other fire improvements shall be installed at the locations depicted on the approved site plan in accordance with the recommendations of Fire Marshal. Prior to issuance of a Certificate of Occupancy, the Fire Marshal shall approve the satisfactory installation and operation of said improvements.

31. Pursuant to 193-85, Intercom Access and Alarm Systems, of the Senior Citizen Multiple Residence Code of the Village of Lindenhurst each second-floor dwelling shall be equipped with an intercom and electronic door-opening device prior to the issuance of a Certificate of Occupancy and said intercom and door-opening device shall be maintained in operational condition throughout the life of the facility.

32. The applicant shall comply with the language set forth under 193-87, Security systems, of the Senior Citizens Multiple Residence Code of the Village of Lindenhurst, which requires that, in each Senior Citizens Multiple-Residence Districts, each dwelling unit shall be equipped with a burglar alarm system that shall secure each point of access, including windows and doors. Each dwelling unit shall be equipped with a fire alarm system. The systems shall have an exterior alarm and shall be approved by the Building Department. Security and fire alarm systems shall be installed prior to the issuance of a Certificate of Occupancy and shall be maintained throughout the life of the facility. The fire alarm system shall be connected to Babylon Central Alarm.

33. The applicant shall submit to the Village Board, evidence of Suffolk County Department of Health Services approval, in the form of a final site plan with health Department stamp and signature, prior to the issuance of a Building Permit.

34. Plans for all outdoor signs shall be submitted to the Village Board for review and approval prior to the issuance of the Certificate of Occupancy.

35. All new utilities to be installed on-site shall be installed underground. No utility poles shall be installed on the property.

36. As set forth under 193-86, Code of the Village of Lindenhurst of the Senior Citizen’s Multiple Residence District, Designated Responsible Party,f the property owners’ association shall designate one person as the "designated responsible party" who shall serve as the informational center of the complex. The designated responsible party shall be on call 24 hours of each day.

37. Pursuant to 193-62 of the Senior Citizens Multiple Residence District code of the Village of Lindenhurst, and in order to ensure the provision of housing to seniors, at least one occupant of each dwelling shall be at least 55 years of age and no occupant shall be less than 45 years of age. Preference shall be provided Lindenhurst village residents as set forth in Section 193-84 of the Senior Citizen Multiple Residence District code.

38. All dwelling units shall be owner occupied only. Rental shall not be permitted.

39. No dwelling unit shall exceed a total occupancy of two (2) persons per dwelling.

40. The total number of allowable dwelling units permitted on the above described parcel shall not exceed 136.

41. A maintenance bond in an amount to be determined by the Village Board and having a term of three (3) years shall be submitted to guarantee the health and survival of all elements depicted on the site plan. Acceptable forms of security for said bond, shall include a certified check, savings passbook, certificate of deposit (CD), or an unconditional and irrevocable letter of credit issued by a bank or trust company located and authorized to do business in the State of New York. The bond document and security must be in such a form as to meet the satisfaction of the Village Attorney.

42. The premises and the parking lot shall be maintained in a clean and orderly manner.

43. The hanging of clothes outdoors shall be prohibited.

44. The community center shall not allow any events to continue beyond 11 p.m., except Saturdays, when events shall not continue beyond 12:00 midnight. The community center shall not permit events or parties for the general benefit of persons outside the development, or on a for-profit basis. No music shall emanate from the community center so as to annoy or disturb others.

45. The premises shall contain a bocce court, gazebo, front entrance fountain and outdoor pool. The pool shall be heated.

46. Plantings, lighting and exterior elements on the approved site plan of the premises shall be erected and maintained in a form and manner consistent with the approved site plan and shall be kept in good condition throughout the life of the facility.

47. The existing structure shall be demolished and all debris removed within three (3) months from the date of this resolution. construction of the subject premises must be commenced no later than six (6) months from the date the final Planning Board grant and completed within twenty-four (24) months after such date, subject to extension by resolution of this Board.

48. No portion of the real property at the premises shall thereafter be divided, subdivided or split from the entire premises and the premises shall be used solely in conjunction with the senior use as specifically set forth in the application.

49. The applicant agrees to abide by all federal, state and local laws, statues, codes and regulations in their use of the premises.

50. A fee in an amount determined by the village Board by separate resolution shall be deposited by the applicant with the Village to be utilized as provided by Local Law 2 of 2000 to offset the Village expenses in connection with the review of this application. A fee in the amount of $750 per unit shall be payable by the applicant pursuant to 7-725A of the Village Law and local requirements for a contribution toward village-wide park and recreation use.

51. Ten (10) complete sets of final plans shall be submitted to the Village Board for signature and such plans shall include a notation that conditions of approval herein attach to such plans, as well as the title block information/standard notation requirements, if any, and applicant signature block which pledges to complete said work in conformance with the approved plans. Plans must be submitted and the required statement signed within forty-five (45) days of the date of the final resolution of the Planning Board, or this approval shall be deemed null and void unless extended by resolution of the Village Board.

52. No certificate of occupancy shall be issued until the conditions and restrictions set forth herein are satisfied. The applicant shall be required to file a notarized duly executed statement of acceptance of these conditions, waiving any claim as to the invalidity of some or parts thereof, prior to this resolution becoming effective. Further, these conditions shall be and constitute real covenants running with the land and shall be binding upon the applicant and any and all subsequent users or owners of the said real property of any part thereof, and upon their heirs, executors, administrators, successors and/or assigns subject however to the right of the Village of Lindenhurst after public hearing to amend, alter, annul or repeal any or all of the foregoing covenants, conditions and/or restrictions at any time with the consent of the owner or owners, and such right shall be effectual and may be exercised without the consent of any adjacent owners or owners of any other property.

The form of such covenants shall apply to all parcels at the premises which are the subject of this rezoning and shall be approved by the Village Attorney prior to being filed with the Suffolk County Clerk. The failure of the applicants to strictly comply with each of these conditions and restrictions will permit the Lindenhurst Village Board to declare this decision null, void and of no further force and effect and thereafter the Village Board may at its option revert the real property that is the subject of this application to its former zoning classification or any intermediate zoning classification.