Residents oppose subdivision plan in Nesconset over flooding concerns

Smithtown officials say the planning board should not approve a developer's request for variances to subdivide land in Nesconset to build four single-family homes, citing concerns about density and flooding.

Developer Red Oak Estates Inc., of Smithtown, wants to build the four residences on a roughly three-acre lot between Wiigs Road and Harding Street. The property is classified as "unbuildable" under town zoning regulations because there are steep slopes, rendering the parts of the land environmentally sensitive, according to Matthew Calado, a senior planner who laid out his concerns in a memo to the town planning board.

The developer has asked for variances reducing the minimum lot areas on three of the four parcels from 15,000 square feet to a range of roughly 4,100 to nearly 6,700 square feet.

In the memo, Calado said the planning board “does not have the authority to grant variances” related to developing on environmentally sensitive lands,” nor may it approve variances that would cause greater residential density than Smithtown allows in a zoning district.

The department said it did not recommend approving the variances. Calado cited “road design non-compliance, insufficient stormwater infrastructure planning, and environmental concerns related [to] regrading of steep slopes.”

Vincent Trimarco, an attorney for the developer, asked for more time to revise the plan during a planning board hearing on Sept. 10. The board approved the request and closed the hearing on the proposal.

Several residents opposed the subdivision during the hearing.

Matthew Caulfield, a nearby resident, said the project raised “serious issues.” Caulfield said he worried about force-fitting homes on land that cannot accommodate them. Caulfield said the town’s zoning code has standards meant to prevent overdevelopment and preserve open space.

The developer’s request for variances “represents a significant and unjustified departure from these zoning protections,” Caulfield said.

Vivian Ottosen, who also lives near the property, said she worried that building the houses on a slope may cause water to run downhill toward her home.

“You want to call the property environmentally sensitive? There’s a reason why it’s called that. Because it’s going to flood us. And I don’t want to be flooded,” Ottosen said.