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Reviewing site plan review — businesses protest bureaucratic processes

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Kristian Clark had an idea to turn his property at the corner of Manwaring Road and Route 114 from a farm stand into what he describes as a “wine stand” for tastings.

He didn’t anticipate problems for the new venture until he ran into a thicket of bureaucracy stemming from a local law passed two years ago mandating a site plan review.

“We were hoping to open for the summer months,” Mr. Clark told the Town Board at its Tuesday work session. “But if we apply now, we won’t be able to open until next summer.”

Lori Beard-Raymond, the Building Department’s building permits coordinator, told the board that there have been four applicants, including Mr. Clark, that have been ticketed for site plan review, and all are being processed.

Ms. Beard-Raymond said her department has “questions and concerns about the process,” one of which is predicting how long the review will take. She asked the board for “clarity in the process.”

Councilman Paul Shepherd said that “in defense of the people trying to do this review, they have yet to do it even once through its entirety.”

The site plan review legislation requires all commercial property owners to formally submit plans for development. Shelter Island had been, until two years ago, the only town on the East End lacking one.

Site plan review is to be conducted by the Planning Board for final Town Board approval. It would include requirements by owners to outline the uses of the property and detailed descriptions of everything from parking, trash, signage and more.

The purpose of the legislation, prepared by former Town Attorney Laury Dowd, is to “mitigate the environmental impacts of new development on the land, and water resources” and “prevent overcrowding of land or buildings.”

The issue gathered momentum in March 2016 when then-Supervisor Jim Dougherty said that “Route 114, north and south of the Center, is becoming an eyesore and maybe we have to be a little more careful in our review of proposed projects. We want to be respectful of people, but we want to meet our responsibilities.”

At the Tuesday work session, Darrin Binder told the board that he and his wife Susan applied to add A-frame houses on their property off Manwaring Road and have run into the same difficulties as Mr. Clark. “The process is wrong and needs to be redone,” Mr. Binder said.” We’re not trying to build a resort, or a recycling center or cement plants. We’re trying to put in the same thing that’s there.”

He added that he and his wife are trying to build housing “that the town needs, and they “shouldn’t have to wait six months or more for a decision”and be subject to onerous fees. “This isn’t solving any problem,” MR. Binder added. “It’s causing more problems.”

Ian McDonald, deputy chairman of the Planning Board, noted that applicants have not come before his board for pre-application conferences, but he and the members are open to any discussions. “Let’s work through this process,” Mr. McDonald said, “before a knee jerk reaction to change.”

Mr. Shepherd said it wasn’t the purpose of the board to “choke small businesses, but not to grow too large and to protect our community.”

Town Attorney Bob DeStefano Jr. said he would look at the law with the purpose of bringing more clarity to it.