Town Board - Regular Meeting

and to the republic for it stands one nation under God indivisibley and justice for all. Please remain standing for a moment of silence. I'd ask that you keep in your thoughts and prayers the brave service men and women serving our country both here and abroad.

Thank you. Please be seated. Would the clerk call the role? Councilman Moneta here. Councilman Mcweeny here. Councilman Gregory here. Supervisor Schaeer

and I am here. Uh Councilman Deputy Supervisor Martinez is absent today on an excused vacation. He's visiting relatives in El Salvador, so he asked me to give every one his regards. It's not snowing in El Salvador, so he's very happy to be there. Um, but this is again the Wednesday, February 25th, uh, 2026 meeting of the Bablintown Board at 300 PM. As I said at the start, if you're here and interested in addressing the board on any one of the four public hearings, the uh agenda or the open portion, um when residents can come forward and address the board on any matter concerning town government or town services that's not on today's agenda, please fill out a card up front, file it with our town clerk, and uh we'll call you up at that appropriate time. If you're watching us on our YouTube channel live at 3 p.m. on the 25th, uh you can click on that link. The link will take you to the agenda and the list of public hearings. You can send us a message by way of that link and one of us will get back to you if you're watching us at a future date and time. You can still use that link. It will be live and you can send us a message and one of us will respond to you as well. Um, so with that, we'll go into the public hearings. And the first public hearing is a public hearing in reference to amending chapter 3, article 2, section 3-4, the town of Bablin Uniform Code of Traffic Ordinances. I don't have any cards for that. So I'll take a motion by Councilman Metta. Second by Councilman Mcweeny to close and reserve. All those in favor? I

opposed. Hearing is closed. Decision reserve. Second public hearing is public hearing in reference to amending the code of the town of Bablin chapter 195 taxation article 4 veterans tax exemption. Have a couple of cards. Uh Gregory Inis Mr. Inis would you want to um if we can you want us to move the microphone to you? Stay seated. Yeah, you could stay seated, but we'll have the microphone uh just brought down to you from the podium and just state your name and address uh for the for the record. 18 Woodland Avenue, New York. Go ahead.

My name is Greg Anders. I go by Greg Andis. We we are residents of East Farmingdale for 43 years. Prior to that, I was lived in Farmingdale, South Farmingdale for 30 years, whereupon I joined the United States Air Force after high school, subsequent duty assignment in North Dakota and a transfer to South Vietnam. As you can see, I'm in a in a uh disabled capacity of the effects of Agent Orange. So, in my case, I have uh Parkinson's disease, which we all know there's no known cure for it there. I realize there's also more days behind me that are in front of me and my fellow vets too there. I asked the board, you know, I understand everything revolves around money that the town board exempt totally disabled veterans like myself there to be given a chance to live my rest of my life, our lives with some dignity and some respect. You know, I never asked for a handout. I worked numerous jobs. I was able to get the two-year degree. I was in a construction industry. slowed down. Finally, I became a police officer in a in a municipality in Westchester County where I retired in 2007, was diagnosed with Parkinson's in 2009. And in in January of 23, I had bypass surgery that I believe related to my service in Vietnam. It turns out that the base I was stationed at actually flew out the aircraft that dispers with a name I can't even understand. I can't even pronounce it. [clears throat] But I asked the board there to give serious consideration to all disabled vets. Believe me, I'd rather have my health back than any dollar amount, but I can't do that. So, I would thank the board there for their time and all. And God bless America. Thank you. God bless America. Thank you.

Mr. Inis, we're humbled to be in your presence for all that you've done for our country. We're grateful and as you said, you'd rather have your health than any um exemption granted for property taxes, but you are the exact uh person who this was intended for uh why the state legislature and Governor Hokll approved this and to give us the authority to be able to do this. So we're grateful to you and we thank you for your ser your past service uh and your continued service for all these years

the board there and I also I speak for those who are unable to come those who can't speak for themselves. Thank you. Thank you Mr. Inis. Thank you. Uh Mosha Aron

first and just state your name and address. Uh my name is Mosha Aaron um at Doors Avenue in Harmony Harbor. Um first I'd like to say um I'm [clears throat] very grateful to Mr. Schaefer. I mean um and there's some people here I know Mr. Gregory. Um um Mr. Cronin. No. Uh explaining. Oh, M. Is Mr. Cronin here? No, he's in the back, right? Oh, there he is. Um Yep. So, he's he's the uh town assessor. He's the town tax. Yeah, he'll be in charge of this.

So, there's a couple of issues here. Um, first of all, I'd like to let everybody know that may not know other veterans um that um I I actually have been accepted by the by the by the town of Babylon as 100% uh disabled since uh 2019, which way before they even passed the uh um the the the New York the the legislature passed the law. So, um there's some things that people may not know that are maybe listening by via uh u um you know computer or whatever. um that the school taxes I I actually uh went to the school board meeting at the uh town of um in in COPEG who said that they would definitely adhere to the the to to the tax code would uh to the the

exemption exemptions of the of the town of Babylon. And um people may not know that they have to uh contact their local school boards to to um when they submit their exemption uh information which has to be in if I'm not mistaken March 1st by by March 1st which is Friday I believe because it's really uh no Matt I think we do it till Monday so March 2nd because uh March 1st falls on a Sunday

that you have to apply separately to the your school, whatever school board your your district you're in. Um there are several forms. There's a lot of uh controversy as the board knows reference to this. Um uh you have to be um not only 100% disabled, but you have to be unemployable. Um you also have to have that grant um from um um the depart uh from the Veterans Administration. um but they don't even have the forms to apply for that grant. So, um, it the way the law is written, the new the new law that was just passed 1183, uh, says it's discretionary on the on the part of the town board whether they accept

on part and and the problem with the problem with the alterations to the house is that there are people like myself um uh from I have demographic one of the I have a 100% combined of uh disability ities of several wars and um uh the IF demographic articaria from radiation exposure. There are people who were exposed to tarpit. It's the Iraqi tarpits. There are people who have um disabilities that qualify them as 100%. [laughter] But don't need any um alterations to the home. Right. So um again, that is discretionary on the part of the board and and

Mr. Cronin. Mr. Cronin as as the uh um so um the uh the forms my recommendation actually to people is that you apply um before March 1st.

Correct. If they reject you, then then it gives the t the Department of Taxation and Finance up until May 1st or or or April, the last day in April, um to be able to come out with the forms for you to have to run around and get whatever else it is that you require in order to um challenge it in in the small claims of section of of the of the um that um the county, I believe. Well, yeah. You'll have an opportunity during grievance day in May. That's correct.

And then you can go into small claims. So, but we're [snorts] just so you know, we're going to work with everybody to make sure that as many people as possible take advantage of this. Okay. So we believe that since it's been passed and the reason I wanted to talk today was just to see u speak to to you actually or and to the board about um the fact that it the there are there are parts under 1183 which was just passed. There are parts of first of all it's not um that make it discretionary on the part of the town

um to decide whether you individually are going to receive this u exemption or not. Right. And I am grateful again Mr. Schaefer especially to you and to Mr. Rosario um and to the and Mr. Gregory and the people who support There you go. Um I just lastly want to say this. Um I hope everybody has an excellent day. It's the only acceptable option. Thank you. Uh Ronald Tolken. [applause] Oh, wait. You're good. Good.

Okay. We'll put we'll put you down as in favor. Thank you, Ron. Okay. And is there anybody else interested in addressing the board during this public hearing? No. Seeing none, I'll take a motion to close from Councilman McWeeny. Second by Councilman Metto. All those in favor I

opposed. Hearing is closed. Decision reserve. Third public hearing. So what we're going to do on the third public hearing is I'm going to um have to abstain from any consideration regarding this application. Um there have been past comments made about um my knowledge or uh association with various people involved in the application. So, the town attorney felt it was best that I abstain from any uh involvement in the application. So, what I've asked the board to do is we're going to finish the fourth public hearing and then finish the agenda and then uh Councilman Gregory because [clears throat] he's got experience running meetings as the former presiding officer is going to conduct the third public hearing uh and then uh the board will uh take action on how to proceed off of that public hearing. So we'll hold the third public hearing in obeyance until we finish the fourth and the agenda. So the fourth public hearing uh is public hearing on the resoning application of GC21 LLC planning board job 25-39 AF for the premises identified as Suffach County Tax Map number 0100-121-1-13.001 and 14.002 002 located on the west side of route 110 350 ft south of Great Neck Road in Farmingdale and we have Allison Le Point for the applicant. Good afternoon Mr. Supervisor, members of the board. Allison Le Point with Sir Tilman Balon Edler Hyman offices at 100 Motor Parkway New York. Briefly uh my clients are seeking to do a change of zone at the subject site from the residence to eBusiness. [clears throat] The property is on the west side of Route 110 between Great Neck Road and the Southern State Parkway. We're seeking to demolish the dilapidated buildings at the site and we'll be

bringing the first Caribou Coffee to the Northeast. Our clients are very excited about this this new development and I am available. We're going to beat North Hemstead, right? Is that North Hemstead? No. Well, we're going to beat North Hemstead, right? Beat North Hemstead. Yeah. Yes. Sorry. I apologize. We want we want to be the first. That is correct. That's the goal. Uh any questions from members of the board? No. Anyone wishing to address the board on this application? Seeing none. Thank you. Thank you very much.

So, uh make Councilman Gregory uh make a motion to close and reserve. Second by Councilman Metta. All those in favor? Opposed? Hearing is closed. Decision reserve. That's it for the public hearings. Uh we'll go to the agenda. I don't have any cards on the agenda, so we'll go right into the agenda. We have the consensus resolution agenda. Are there any items that need to be removed from the consensus resolution agenda? Seeing none, take a motion. Make a motion to approve. Second. All in favor? I opposed. Consensus resolution agenda uh approved as listed. Today's resolutions, resolution 179. Motion to approve. Second. All in favor? Opposed? Resolution is approved. Resolution 180. I offer resolution 180. Second.

All those in favor? Opposed? Resolution's approved. Resolution 181. Make a motion to approve. Second. All those in favor? Opposed. Resolutions approve. Resolution 182. Motion to approve. Second. All in favor? Opposed. Resolutions approve. Resolution 183. A law for 183. Second. All those in favor? Opposed. Resolutions approve. Resolution 184. Make a motion to approve. Second. All those in favor. Opposed. Resolutions approve. Resolution 185. Motion to approve. Second. All those in favor? Opposed. Resolution's approved. Resolution 186. I'll offer resolution 186. Second. Would the clerk call the role? Councilman Manetta? Yes. Councilman Mcweeny? Yes. Councilman Gregory? Yes. Supervisor Schaefer?

Yes. Resolution is approved. Four votes in favor, one absent. Congratulations, Allison. That application is approved. And resolution 187. Make a motion to approve. Second. All in favor? I oppose. Resolution's approved. That's it for the resolutions. For the open portion, I've just got uh one. Oh, that was open, right? Okay. Oh, okay. Let's take Michael Fun F funfeld. That's pretty good. Is that good? That was pretty good.

There you go. Michael, just state your name and address. My name is Michael Funkel. I live at Four Cobb Boulevard, North Babylon. [snorts] Um, basically I'm just here about the snow removal. I mean, we had a big storm a couple weeks ago. We had this storm. Now, up until this storm that just came, I had a pile of snow 4 feet high, six feet wide that I had to remove out of the road, so it wasn't there for the next storm. Okay? Now, the storm came Sunday. Okay? It stopped on Monday. I didn't see a truck until Tuesday. Okay? That was after I made a phone call to the hall to ask them when they were going to come and make a pass. Okay. Uh Sunday night they made a pass at 9:00. I don't know if you ever seen a New York City sweeper. That's how fast they made the pass. Okay. It was boom boom gone right down the middle. And when [snorts] he turned the truck around, he didn't even move over to make the road wide enough. So by Monday and Tuesday morning, half the people down the block couldn't go to work. Okay. I mean, you guys showed up with a payloader. That was nice. Uh, yes. Around 7:00 Monday, you know, then a big truck came with a plow and then a pickup came. Okay. It was like a show after all these phone calls got made. I mean, I think we need to do a little better.

So, do you have a pen with you? Yeah, I do. Could you take that out? So, I want you to write down this telephone number. Is it Terren's number? No. Cuz he gave that on Facebook, I think. No, no, no. Uh, just write down this number. Okay. 516 516 429 429 3763. Okay. So, that's my phone number. Thank you. So, you can give and I live around the corner from you. Uhhuh. So I experienced a lot of what you just said as well. I mean now we have these big piles along the curb line, right? So what we're going to do is and it's melting,

right? So Vinnie Polei is our commissioner. Finn, raise your hand. So you're going to see Vinnie uh once you finish up speaking and then he'll make arrangements to respond to you and I apologize for the experience and in the future just uh text me and I'll shoot around the block and Okay. I mean I know we used to hire contractors. Do we not hire any contractors no more? We're just doing it ourselves. That was my next question. No, we do. Because all I see is we hire volunteer firefighters. We hire outside contractors. I mean, if we're short staff, maybe we should look, you know, to hire out maybe temp guys. Yeah, we do have a snow plow during snow. Plenty of guys laid off right now that could use a job.

Yeah. Well, tell them to come down here cuz we have a big sign out on Sunrise asking for snowplow operators. Okay. Yeah, let's go. That's all I have to say. Great. and make sure you see Mr. Pak. I'm gonna go say Okay. Thank you, Michael. Thank you, sir. You're welcome. [snorts]

Um, okay. Let me just put this into the record. So, Anthony Mone of 886 County Line Road in Amnville has one, two, three, four submissions. Five. Oh, five. I'm sorry. One, two, three, four, five. Um, these are dated various dates with letters of [snorts] communication to me and the town board and we've given them to our town attorney to respond to, but I'm going to hand them up so that they'll be included under the open portion of this meeting. And then now, um, since I don't have anybody else for the open portion, correct? So, I'm going to recall I'm going to make a motion to recall resolution 182, which is authorizing emergency securing board of structure located at 121 West 21st Street in Deer Park, New York, 11729 Suffach County Tax number 0100-59-3-72. Second by Councilman Mweeny. Uh, all those in favor of recalling that resolution, I

opposed. So, the resolution is before us and just identify yourself, sir. Of course. Thank you. Thank you, uh, Supervisor Schaefer. Uh, my name is Peter Wagner. I'm with the law firm [snorts] of Romano Lamontto. I represent Bobatic LLC, who's the subject of resolution number 182. Um, I just was retained on this matter this morning. Um, so I understand that they are authorizing or they made a motion to authorize the board up of the property. Um, my client wants to know why it was being authorized to to board it up. Um, and I just wanted to explain what he is doing, what steps he is taking to remove the current uh, occupants. Great. So, why don't you advise us of that?

Okay. And then what we'll do is we'll give you to the town attorney and you guys can do attorney talk and figure out what we're doing here. Great. So, what So, um, I was advised of it this morning. He's got tenants in the property that he is in the process of evicting. Um, so he's I don't know exactly the time frame where he is and all that. I'm not handling that matter. Well, that's okay. You can get all that information since you were just retained this morning. What we'll do, though, is we approved the resolution

and we're going to hold it. We're going to ask the town attorney to hold we approved a number of resolutions that are authorizing boardups and and um in some cases demolition of unsafe structures. So, you'll work with the town attorney's office. All we're interested in is making sure that that property doesn't contribute to a negative impact on the quality of life of the surrounding neighbors. Obviously, if it's gotten here, it's contributing to the negative uh to a negative quality of life. So, all we want you to do is work and now that you're here, we uh you can work with the town attorney's office on coming to a good resolution. Fantastic. Thank you so much.

Okay. Thank you. Tell them you did a good job today. Uh, and that's handed up for the clerk. Good. Okay. So, I am going to vacate and turn this over to Councilman Gregory who's going to run the third public hearing. Okay. Uh we're going to start uh public hearing number three. Um public hearing reference to the coastal erosion hazard area variance of the Oak Island Beach Association, the Fairway Oak Beach. Uh Suff County Tax Bank number 0100-243-00- uh 01.00-153 um00. [snorts] I have see several speakers to add into the record. We got emails um three separate emails from Linda Fee. Yep.

Like to add into the record. We do have cards for people who would like to speak. First I have Edwin me. [clears throat]

Good afternoon. My name is Edwin Meade. I'm the expediter. Uh I'm sorry, my I live at 247 Oak Beach Road in Oak Beach. I'm the expediter hired by the association. Um let me give you [snorts] some particulars about how this project was planned and the several permits we've reached so far. I'm going to ask for your indulgence. Um bear with me. my sidekick is no longer uh wasn't able to be here today. My that is my sign kick. Um so I'm just got to set up couple of easels and some demonstrations and so forth.

[snorts]

Do you want [snorts] I'm brand new at this, So, um, [clears throat] as I suggested, um, I want to give you particulars about how the project was planned and the several permits we've received so far. Um, as far as marina planning history, increasingly over the years, numerous inland residents have requested a safe community moing area for their boats and one that would afford safely accessing their boats. An exploratory committee was formed in October of 2020. The Outer Beach Marine Incorporated was hired to help expedite the permits. Knowing that such a facility would have to be located on one of the community beaches, it was quickly determined that lot 21 nearby to Oak Beach Park would afford the best possible location for several reasons. Bear with me.

orientation going West. This is an area that we're talking about. in what you're seeing here or deeper water as opposed to the lighter areas which are sandbars and shing areas just I think that's enough to to go on for the time lot 21 would afford the best possible location for the following reasons. It's a wide community beach lot and consequently would be located as far as possible from adjacent docks on either side. Number two, there are several hundred feet of open water south of lot 21 that serves as an east west channel before reaching a mid inlet sandbar. That waterway unlike others to the east has remained consistently deep and nondamic in its avoidance of shos and shallowing areas based on the anticipated need on the part of regulatory agencies for a formal water depth survey. William R. Simmons

land surveyor was hired to execute that producing such as file 54866 on June 19th, 2021. This showed that the minimum water depth of 3 to four feet mean low water required by regulatory agencies for such a facility would be found approximately 80 ft seawward of mean high water on that shoreline. This is showing 21 an existing dock and the red line indicates the area that you would have to go to at least to be able to have anything south of that as a warning area. Everything else is too shallow.

And just so what are we considering too shallow? anything in terms of regulatory agency and the practical aspect of having boats be able to navigate something around three to four feet. [cough and clears throat] After numerous committee meetings, it was decided that the best design for such a facility would be a fixed open pile supported timber pier which would extend seawward to the required depth where a ramp would lead to a configuration of easy dock floats and moing poles. Creating a series of individual moing areas for small boats up to 25 ft in length. Based upon the interest of the facility from association members, it was decided to design the marina so as to accommodate up to 10 boats. Originally up to 10 boats. Following more committee meetings and discussion, final plans were drawn up for a 90 foot pier and a 15 foot ramp leading to a 70 foot float facility anchored by 12 mooring poles and submitted to New York State DEEC which issued their permit number 14724724001 on April 14th, 2022. Following New York State DEEC approval, applications were immediately submitted to New York State Department of State and US Army Corps of Engineers. New York State DOS issued their concurrence with consistency certification as F22 2022 0405 on August 18th, 2022.

Department of the Army letter of permission nan 202200806 was obtained in November 23, 2022. An application for a town of Bowwin building department was submitted a building permit rather was submitted on December 5th, 2022. An additional water depth survey by William R. Simmons was provided on January 4th, 2023. It described a distance of 360 ft from mean low water to the opposite sandbar averaging water depths of -10.66 feet mean low water. Average water depths. By comparison, the average water depth in the Great South Bay is 4 feet 3 in that shows exactly what I just mentioned that 360 ft goes from mean low water mean low water all the way to the sandbar. That's a fairly open area with an average depth of 10.66 ft. An application for a town of Babin coastal erosion hazard area permit was made on February 1st, 2023. A denial letter from the town of Aban

Department of Environmental Control was issued on February 1st, 2023 requiring a variance request and a public hearing before the town board and scheduled for August 30th, 2023. Following comments from some association members and prior to that hearing, the association on August 25th, 2023 requested a postponement of the variance hearing. Mindful of members concerns as well as those of regulatory agencies, the association sought amended permits for a modified plan that would reduce the scope of the facility. It was premature. I meant to put this up along with that showing you the aerial photograph of that wide open area. This is this line down here is the sandbar line that's shown on there. So, we're talking about the modified plan. Not only was the overall size and capacity of the facility reduced, but the entire structure was moved slightly east to keep it equidistant between the

existing adjacent structures, the two docks you see in blue on either side. The starting point on the shoreline was moved four feet to the east to accomplish this. The entire length of the facility seawward from the shoreline is 30 ft reduced from the previous 170 ft. By eliminating four Mring slips, the moing capacity has been reduced from 10 to six. Our amended plan obtained permission from New York State Department of Environmental Conservation as permit number 1472 0472400001 modification number one as well as from the US Army Corps of Engineers as permit number nan 202200806-m2 [sighs] per our earlier letter requesting postponement of the variance hearing on October 30th. 2024, we resubmitted the modified plans along with the amended permits to both the building department and to OBDEC asking the town to continue processing our application requests in a timely manner. In the interim during two 2025, two other locations were suggested by members of the association. So, let me go back and I'll reference these, but the locations, by the way, what you're seeing here in

orange are the community beaches, the so-called community beaches, and the two um additional um locations that were were suggested for a location here and a location here. The first suggestion was just west of the fire jetty on the community beach between 39 and 40 the bayou. That's the location that I pointed out to the left as you're looking at the map. At the association's request, town of Babylon DEC staff inspected the site and advised us that this location was not feasible for multiple reasons. The second site suggested was a location on the community beach between 74 and 75 Hawer Drive. This area did not have enough space between the shoreline and the sandbar to the south to safely accommodate a community dock. Such a structure would impede navigation, virtually cutting off water access to those living east of that location. In some our modified proposal adequately addresses the needs of the community to provide safe mooring for some inland residents boats, protects the nearshore benthic habitat by being located in sufficient water depth and is both far enough away from adjacent docks as well as any navigation channel making it a safe and beneficial facility for the association residents. The Ca variance process requires us to respond to the standards of variances of

which there are five A through E. Our responses are as follows. Standard A states no reasonable prudent alternative site is available. Our response is the committee research discussion and selection process detailed above determined that this site was the only site available for such a modest marina plan. The site is located on one of the widest community beaches available, staying as far away as possible from neighboring facilities, located it at the extreme west end of the master lease, thereby not requiring navigation seawward in front of other association leos. And the width and depth of the seawward navigation channel is both satisfactory and has proven to be consistent and stable over decades. Standard B. All responsible means and measures to mitigate adverse impacts impacts on natural systems and their functions and values have been incorporated into the activities design at the property owner's expense. Other than the starting point of the 75- ft pier, no structure or activity is proposed anywhere on lot 21. Resident Boers will access the beach and pier by an existing path. Although bicycles may be left on the fairway, Landard of the dune, there will be no parking of vehicles on lot 21. The nearshore area of lot 21 will experience no adverse effects as there is no evidence that an open pile supported timber pier either causes or

prevents erosion along a given shoreline. The pilings however may serve to promote the growth of marine organisms such as muscles considered healthy to the benthic habitat. The installation of 518 square feet of synthetic easy dock floats and the mooring of boats up to 25 ft in length will occur in water depths greater than minus4t mean low water. Consequently will have no effects on benthic habitat. Standard C. The development will be reasonably safe from flood and erosion damage. As mentioned before, there is no evidence that an open pile supported timber pier either causes or prevents shoreline erosion. Given the consistently stable shoreline, no erosion is expected to threaten the stability of the pier or the float system. The pier will be constructed with a decking height of positive 7 ft mean low water according to DEEC and Army Corps regulations keeping it safely above spring high water as well as most storm tides. However, it will be constructed in such a workmanlike manner according to standard practices as well as to the specifications that it will withstand being flooded by a storm tide. The mooring piles for the easy dock float system will extend at least to an elevation of plus 8 feet mean low water and keep the float system stable and in place during a high tide event. Standard D. The variance requested is the minimum required to overcome the practical difficulty or hardship which was the basis for the requested variance. Based on community feedback, the

installation of a marina facility capable of providing safe mooring for up to six small craft should adequately accommodate the requested need on the part of the membership of the association. And finally, standard E, where public funds are utilized, the public benefits must clearly outweigh the long-term adverse effects. No public funds will be utili utilized. The entire facility will be paid for by the Oak Island Beach Association. Um I have comments that I want to pass along. I my comments written and have copies for you. Um are there any questions?

Yes. Thank you. Thank you, Mr. Me. Uh I do have some uh you you um did address most of the questions that I have. Um you addressed that there were there were alternative sites that were considered this being in your client's um estimation that this is the best site based on the depth right of the water. Correct. Right. Okay.

The the the o the the amount of water that's available again all we have to do is Consider consider this by the way. Um consider the the difference between the shorelines of Oak Beach and specifically Oak Beach Association and the shoreline that the town has on the Great South Bay on the north end of north side of the Great South Bay. Um, [clears throat] it's with with adequate water in the bay, you can run a boat pretty much anywhere you want from the shoreline south into the bay without running a ground and so forth. I mean, it's wide open [clears throat] here. Bear in mind you have this very large area which has been consistently stable as such and deep and the further east you go especially at low tide the narrower that area becomes to operate a boat.

So that that goes to another question I had which is where is it? Um what is the projected lifespan of that area? the the projected lifespan of that area as it relates to potential erosion. You said it's been there for decades. You don't do you anticipate that that will continue in its current state. Will there be some erosion future? How far in the future? I I don't know.

I'll answer it this way. I I don't see, you know, given and I have to say it it's my experience and I've lived there all my life, long before I was ever going to become a dock builder or an expediter. I'm very familiar with the area. I I haven't seen any changes there either from storms um you know or or natural you know you know means um that in that particular area it's been consistently a wide open area that has a lot of water. So that's the only thing I can suggest. Um, anything can happen where there are sandbarss and sholing areas. There's a tremendous dynamic going on in the inlet with changing all the time, but not in this particular area. To me, it's the only place that makes sense to build such a small facility.

Um, is that area all natural or has that area ever been dredged before? No. To my knowledge, uh, Councilman, it's never been dredged before. To my knowledge, sort of sea levels are natural. Correct. To my knowledge, no area next to the shoreline, adjacent to the Oak Beach shoreline anywhere has been dredged. people have, you know, it's the inlet itself has been dredged, but nowhere near um, you know, location of the shoreline itself. Okay. [clears throat]

I have one question. So, have any other alternatives besides the construction of the community dock been considered such as um available rental dock space, uh, marinas in the area, things like that? I don't believe so. But um we have at least u a couple of people from the association and Arie Lancelot, president um will be addressing that and and he may have you know a better response to that. Thank you.

I'm not I'm not ducking your question. I just I don't know that. And I do recall that you stated that the um as far as the variance, this is the requested size and location is the minimum necessary to meet the communities for community's use, right? As opposed to requirements of the variance itself. I'm sorry, I don't understand. You you went through the the various standards to meet the variance and one of them is the the the minimum variant size. Um right. And I believe your comments

we're assuming we're we're taking for granted that a a marina of six small boats is would be the minimum. Okay. [clears throat] Yeah. What is the um [clears throat] the parking situation for the marina if you were to build the docking? Where would the cars park and how do you anticipate and plan for guests of the people that have the boats? Is it going to intrude on the local neighborhood?

Councilman, I uh all I will do is is repeat what I know and that is that there is no parking um planned for anywhere near lot uh 21 or on lot 21, I should say. Um but there again you might ask u you know the the president of the association but to my knowledge people can be dropped off there people can ride their bike down there and leave the bike on the other side of the dune um and then walk in the path and so forth but uh there's no parking that I know of. Okay. All right. Thank you. You're welcome. All right. So leave that up. Sure.

Sure. You can leave it up for reference. I'm sure maybe someone will refer to it. Thank you, sir. All right. Next, we have um Arno Lancelada. Is it?

Please state your name and address for the record. My name is Arie Lancelada. I'm the president of the Oak Island Beach Association, which I've been the president for the last 18 years. Just a little history. The Oak Island Beach Association Incorporated dates back to 1896 and is one of the oldest established communities in the town of Babylon. From its exception, it has had a master lease with the town with a well-defined graphic area and is parcled out to the resident lease holders in lots according to the master lease. We have 32 waterfront homes. We have 39 back lot homes which are not on the water. Total we have 71 homes. The Oak Island Beach Association has set of bylaws and rules which we govern and in the association operates within those rules. In 2021, a vote was held at the annual meeting of the association on a proposal for a community dock. The purpose of the community dock was to offer association members that were not on the water to have access to a dock and a slip for a boat. On August 28th, 21, it was decided by a majority that the association would have a community dock. 62 members voted. The final vote, 34 in favor, 28 against. In speaking to the members that were against the dock, I learned that there were a number of concerns, including the number of slips, parking issues, and the cost of the project to the association and its members. Therefore,

in attempt to further listen to the all the members and to compromise, the dock committee proposed to reduce the number of slips from 10 to six. There was also a decision to not allow any parking in the area of the dock like they do at West Gilgo. West Gilgo has 30 slips, no parking. They come by bike, they walk, they get there. They're very successful in their docks and we're going to use their rules and regulations to to regulate ours. Regarding the cost of the dock, a bond could be established to fund the construction and that bond would be paid off from the revenue generated from the boat slip rentals. that would result in no cost to the association and its members and in fact generate monies after the bond is paid off for maintenance and association expenses. [gasps] Although we already had the majority that was needed to go forward, we listened to those who were against it and compromised in an effort to address the concerns of all the members. We therefore did a survey of the association to ensure that the majority of the members wanted to go forward with the community dock which I did personally. That survey came back 46 members in favor of the community dock, seven people against the dock and five people abstained. There were seven members who would not respond either way. Obviously, this is an enormous amount of people that want to have this dock. I have those [snorts] surveys signed by everybody that they're not a verbal. It's signed here. If you guys would like to inspect, I can give you copy. [snorts] West Gilgo has some 30 slips

and the neighborhood functions very well and allows access to the water so that everyone can enjoy the water. This is a beach community. Everyone should be able to share in that experience. The association has 24 docks presently. Three of those docks are not not being able to be used because of low tide. There are four dock owners that allow people to share their docks. We have spoken to other dock owners for various reasons, insuranceances that they do not want to share their docks with anybody. the people in the back of the community need to have some kind of an access to the dock. So, there's no there's no alternative for them except to have a a mooring, which is against town rules, and be able to go out to that boat by a by kayak or something, and have a a dock. We're just asking that these people have the same representation that the people in the front have. So, I'd like you guys to understand that this is not a vote for the minority. This is a vote for the majority. Thank you for your time. You have any questions for me?

No. Thank you. Thank you. Okay. Patrick Hackett. You state your name and address for the record.

Yes. Patrick Hackett, 72 Circle Drive, Oak Beach, New York. Um I'm a member in the association and uh I wanted to say one thing. Um when we talk about the boat slips being available to persons in land, it also they're also made available to individuals on the water that don't have docks. That's that's what our purpose is, which is almost 50 of the 71 homes that would then be getting or having some opportunity to have a boat slip. But I wanted to uh just mention that you know um Oak Beach the our association down is great place to live. We have a great group of people there. Um this last storm that we had was an example of that. Everybody came out helped each other. We were uh making sure that plows came in and were able to um to take care of each other. We people who were on vacation, we made sure that their driveways and stoops and steps were shoveled before they got home. Um and uh you know that that's our purpose to kind of stick together when things happen. In fact, and it doesn't matter if you're against the dock or for the dock. You know, I I personally ensured that Michael Lancelotta and his partner, his roadway is kind of small and the plows don't usually go down there. So I made in I ensured that our landscaper went down with his guys and cleared that road. So that's the kind of community that we are. Um [clears throat] but we do live in a homeowners association. And you know, when when we all came to look at houses and purchase houses in this area, whether you lived in in Gilgo or Oak Beach, you had an opportunity or a decision. When you turned into Oak Beach and you turn in, you hit that big parking lot, you can go left or right.

If you go left, you go into the homeowners association and you're going to be bound by not only the New York State law and the town code, but you're also going to be bound by the rules and regulations and the bylaws of the association. And when you come into the association, you have a absolute understanding that that's how it's going to go. We even have a welcoming committee that tells people how things go and what you can expect. And one of those things is that decisions will be made for the good of the community with a decision being made with the majority. And legally that is what controls the decision making down in Oak Beach. If you didn't want to be in an association, if you didn't want to be controlled by these rules and regs, you had an easy option. When you turned into Oak Beach, instead of making a left, could have made a right. the west part of Oak Beach is not part of the association. Um [clears throat] so again, um with probably any association, there's a group of members that seem to vote no on everything. They're generally the people who do the least for the community, but they, for example, they voted no against Tony and Kathy Tan's uh right to put a dock there, which was approved by the board and they did they were able to go forward with that because again, the association voted in the majority to allow them to have that access. Um the same group voted no for for us putting a security fence or a fence by the gate house to protect the um the school kids get picked up by bus there. They voted against they voted against that. We

wanted uh new gates to again make the property of the association secure. They voted against that. They even voted against repairing potholes in the association. They have that right. they can vote no on everything and and apparently or our experience is that they do. Um but what's interesting is some of the people that voted no on the um on the dock. There were three of those members who voted no that actually had previously come before the association and requested an opportunity to build a dock on association property. Actually, Maria Cardardoza who voted no, she actually was one lot back. there was association property in front of her house and she made a petition to the association to buy that lot so then she could enjoy that for herself and have a dock there and put boats and all the rest and the association voted in favor of that and permitted that. Um, another individual uh was the owner of the uh property that Michael Lancelott and his partner now live in. And that owner also asked for permission to build a dock on association property and that was granted. Michael Lancelotta is opposing uh the community doc and uh this dock here that's a dock that was built by Vinnie Kazantino and he again came to the association said I would like a dock for myself and my family to use. Would that be okay? The association granted that application

and he built his dock. He's voting against the community dock and what and the community dock is looking to go right in between those two docks. I think it's extremely unequitable for those individuals to be opposing a dock seeking for members to have an opportunity to have a vote or do what they are looking to do or have done with their property and then come here and say no. The rest of the neighbors, we give them a big no. So, I would ask the the board to grant the variance and allow all of the neighbors to have the opportunity that some of us do have at this time. Thank you very much.

Thank you. Okay, Harry Jacob, please state your name and address for the record. Yes. Hi, I'm Harry Jacob. I live at 45 Hatchway in Oak Beach. Um, I'm not great at public speaking, so this won't be long. I just All the good public speakers say they're not good at public speaking.

I just wanted to say that uh I think a community dock over there would be a great benefit to uh the families that cannot live or cannot afford to live on the uh actual waterfront itself. Um my dad used to take us out to Oak Beach fishing when I was 9 years old. used to fish off the beach. And for the families that have children that would be able to have this experience to go out and fish and spend time with the family will be a lifelong experience that they'll never forget. And u that's basically what I want to say. That's it. All right. Thank you. Thanks. Okay. Michael Lancelada and Matt Perry.

Hi there. Thank you. My name is Michael Lanzelada. I live at number two, the fairway. And again, thank you all and supervisor Schaefer for your time and leadership. Um, our house is located immediately adjacent to the proposed site for this community dock. I want to list a very brief six-point summary as to why we continue to oppose this community dock. Number one, there are countless existing vacant boat slips within the association. Simply this dock is not necessary. Excuse me, please. [snorts]

Number two, the dock would prevent the enjoyment of our area of the association beach, including safe swimming. Number three, this dock would create congestion and very dangerous boating conditions. It would constructively prevent us and our neighbor from using our existing docks. Multiple experienced voters have raised this issue to the board. yet they refuse to heed the warning. Number four, our area of the association is accessible to the public via an an adjacent public jetty. We regularly enlist the help of the police to remove trespassers from our docks. This community dock would not only make our area of the beach an even more attractive nuisance for trespassers, but also for vandals. Number five, our [snorts] road is the narrowest of all the association roads. It's a single lane dirt road, dead end. The road is riddled with deep holes and it cannot be paved due to its fragile condition. It cannot be plowed. As Mr. Hackett mentioned, he arranged for our street to be cleared this year. I will mention that that is the first time that has ever happened. And so if you could kindly host these meetings in proximity to snowfall, I think I'd probably get it cleared every time. Um it we don't have garbage service on our street and we've been dropped by insurance companies due to its inaccessibility. We have literally been told by the fire department that this dock would create a death trap for us in the event of a fire. They know without parking, people will block the road while loading and unloading passengers and boat gear. In fact, Vincent Constantino and I share an insurance broker, [snorts] and the broker warned us if this doc is built as proposed. He not only can't guarantee our continued insurance coverage due to the fire hazard, dangerous boating conditions, and attractive nuisance it

would create. He said, quote unquote, I can almost guarantee you that you will both be dropped. As a result, we would have no choice but to file for an injunction if this stock is ever approved. Six, and finally, the association never officially voted on these new set of plans. They mentioned an informal survey that is not a vote. As you know, the board ascended the original rescended the original plans they fraudulently submitted after the town made us aware that those plans proposed the illegal removal of Ard which dock the association approved in writing years ago, the documentation for which can be found at the town clerk's office along with the permit the former owner secured and filed for it. Despite this, the association board continues to publicly state that our dock and our neighbors docks are subject to their removal at their at their whim. For these reasons, each and every member who lives within the two circle affected circles, the 200 and 500 ft, every one of those members who fall within those two circles, all oppose the dock. Every one of them. If despite this opposition, the town and the association insist on creating a community dock, it should be located on Hower. It's Hower Beach. The waters are much deeper than the fairway. There's an expansive community beach with no existing docks and obstruction. It's a secure location far from the general public. And their road is wide and paved and even circular, which would allow for easy loading and unloading. Most importantly, if you perform that same two two affected circle, the radius test for the houser location, I think almost every house which falls within those two circles has expressed

their support for the star. [snorts] So they should all welcome it there simply. Um and and with all due respect for Mr. me you bas he basically said trust us with respect to Hower it wouldn't work. I didn't hear any official reports. I certainly haven't seen any official reports saying [snorts] that it wouldn't work there. We simply want to preserve a safe and tranquil environment for our families, our friends, and our neighbors. In response, this board has repeatedly defamed us by calling us corrupt, selfish, and unnavorly. We are tired of it. We all work too hard to live where we do and we do our best to treat each other respectfully only to have this board slander our good names to our fellow neighbors. Thank you again.

All right, Anthony Tanzy. [clears throat]

Please state your name and address for the record.

Good afternoon uh Mr. Gregory. Members of town council, Anthony Tanzy, TZI. Uh, we have a home at 54 LA board in Oak Beach. Um, I just want to get up and say a little bit about our history. Uh, this board may be aware. Uh, we had come in for a Seahawk permit uh, approximately a year and a half ago and this board great was gracious enough to grant that to us. Uh, we subsequently had built a dock. We've lived in Oak Beach for summers only. We have a house in Kings Park, but we come to Oak Beach because Babylon has such great access to the water that we just don't get on the Northshore. The Northshore is not as um open to allowing docks to be built. It's much more difficult. There are a lot more regulations. There's much more um rocky and steep shoreline. It makes it more difficult. So Babylon was a perfect place for us to come down and spend the previous 17 years enjoying the Great South Bay, the inlet, Democrat Point, Fire Island, and up until just this past summer, we had always done it through we had a a mooring. I was unaware that they were illegal, but we there's a few out there and we had our boat on one and was [snorts] nice. We were able to go out and take advantage of all the things that the Southshore has to offer. This dock that we put in last summer has absolutely completely changed the way we act and play in Oak Beach. It has opened up so many more opportunities and not I don't have skin in the game. This is not my community, doc. You know, I was fortunate enough to have one, but I would love for everyone else that lives at Oak Beach to have that same opportunity. It's one of the things that makes it such a great place to live is that you have the access to the water. And quite simply, some people don't get that access and this would give them an opportunity. And from my perspective, I think it is fair and equitable. And I certainly would encourage the board to come down and take a look. You know, two

minutes looking at it and you can see what a wonderful place it is to live. And I thank you all for your efforts because you're the largest part about why it is that way. Thank you. Good. Thank you. Okay, that's all the cards that I have. Is there anyone else that would like to speak? Mr. Meer, we're going to since you your name was brought up, we're going to give you 90 seconds to respond. Oh, we do have you coming up make comments. Okay. [snorts] I need to fill out a card. Sure. Uh just state your name and address for the record and we'll have a card afterwards. You can fill it out afterwards.

Make your comments and then go up. the podium, please.

Sal Javasi. I live at 21 the Fairway Oak Beach. Um I'm in opposition of the dock. The reason being is first off, the most important thing is it's directly across from Michael's and Vinnie's houses. And the parking situation, the people coming down there from the other side is would be for us it would interfere with the quiet. It would interfere with with our daily lives. It would not interfere with anybody coming from the other side for the docks. So, for that reason, the most important thing is their homes, their privacy, they're quiet. Like Michael said, they work hard. Everybody in there does. We pay extremely high taxes. We pay high land lease. We pay the association dues. And for part of the reason, we don't want to be the center of all the traffic that's going to involve this dock being built. So, for that reason, um, we don't want we don't want this dock there. I live three houses in from the parking lot. I would say on average a dozen or more times a summer we're having people removed from the parking lot that come over from the OBI who don't live there. They're out there fishing or they're [snorts] netting. I've found people in my backyard from the dock doing things that I can't say here to remove them from there. They want to do something fix that.

You want to do something? Fix the road. The road is horrible for what we pay to live there. The rest of the association though, you can't find a divot in the road on the east end where they live. Come down the fairway. Okay? They call us the ghetto end. Okay? Because our infrastructure there is in disrepair. But they don't care about that. They they so much as said, "You give us the dock and we'll repair your road. Otherwise, nothing." And that's what we've gotten from them. So, they're trying to basically I know you want you want to say blackmail, coerc, whatever. That's what they that's going to be the tradeoff is that and not only that, they want to build a tennis court across from my house. This was another thing that we were threatened with. Okay. Directly across the street is a lot which is weeds. It's brush. They wanted to put a tennis court there directly again right next to Vinnie's house. So in in all this in all this if we comply then we get what we want. But otherwise, go down the fairway, have somebody drive out there and take a look. And then ask the people there what they pay in taxes. The numbers [clears throat] that we pay in excess average 30,000 average on the fairway on in the association. That does not include the land lease. My insurance we were dropped. We had to go to Lloyds of London. 21,000 a year to get insured out there, but all they care about is their dock and the people coming down by us, which again, we work hard. Everybody in the

association works hard for what they have. So take into consideration I again I don't know with the depths and all this. I do know the other areas where they've been proposed and they're all on the east end and they don't want it because they don't want their privacy impeded on. They don't want to be bothered on the weekends when they're at home with people driving down there, as Michael said, easy access, circular roads, but they don't want that. So they'll come up with any excuse they can to make it seem that the best spot is over by us. So take that into consideration. And then take the other things. Take a look at the Robert Moses State Park and the infrastructure there, the fences that are rotted to the ground so people can come across and walk on the beaches. And you know who's liable for that? If someone comes up on on my jetty and breaks anything, hurts themselves, my insurance has to cover that. And this happens time and time again as and they live closer and so does Vinnie to the parking lot and people come down and they walk in these areas that are dangerous and they do crawl up on the jetties which are dangerous. They are all rock. They are cement sidewalks that were put there from Sandy. And we're the ones our insuranceances. What we pay is what covers that. So we don't want a communal dock there. We don't want people coming down there on any day of the week. Mostly going to

be on the weekends. friends, whatever it is, they say they're going to bike there. That's a load. You want to believe it, believe it. But it's not the truth. They're going to drive down there. How are they going to bring this stuff? What are they going to bring? They carry it on a sack on a bike. I mean, come on. So, the bottom line is I am in opposition of it. I'm not opposed to them considering another place. And ask them if they would want it. Ask them if they let them honestly answer you if they would want that dock in front of their home and see what they tell you. And if they do, then take the other locations. Go down there and take a look at the private beach that they were talking about. See how close the next dock is to that beach and then tell me why is that dock there? What is there are 29 30 docks that are so there is there are no docks anywhere near the other two locations proposed. Take a look at it and see.

Okay. Thank Thank you. Okay. Anyone else? Can I respond to a couple of those things? I'm the president. I'd like Yes. Well, I'll give you 90 seconds. especially the last one.

So, just to set the record straight, the fairway was paved nine years ago and it was paved the last road that was paved. And I live at 74 Hower Drive right next to the proposed proposed community beach where we would love to have a community dock and I would have no problem. I have a dock. I live on the water. I know what it's like. And if that parcel was able to have that community dock on that parcel, it would be there. This is the only place that we can put it. And if everybody's so concerned that they're going to lose their insurance and everything else, then maybe we should take away the two docks that are there now because we're proposing a dock in between the two docks that these people have the the right to have a dock on our community beach. And here we are, the community asking to have a dock on our beach next to their homes that they don't want anybody to come next to. So, I think you got to really think this over what this is all about. What this is all about is not in my backyard. Thank you. Thank you. All right. I don't have any uh other cards. We're going to make a motion. We're going to seek a motion to extend the hearing to March 11th. Second by uh Councilman Mcweeny. All in favor?

I opposed. Extensions. Okay. [snorts] All right. Um make a motion to adjurnn by legislator. Excuse me. Councilman Metta. Second. Second by councelor Mcweeny. What was the reason for the extension? We're going to seek uh further public comment. We'll give it a couple more weeks. Okay. All in favor? Oppose? Abstensions. Okay. Thank you, ladies and gentlemen. We stand a journ.