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Vol. 19, No. 1 Newsletter of the Long Island Pine Barrens Society Spring 2001 Dedicated to the Preservation and Understanding of Long Island's Pitch Pine / Scrub Oak Woodlands ENOUGH IS ENOUGH! Society Attacks Over-Development Launches New Preservation Initiative The Long Island Pine Barrens Society has announced a major new campaign against over-development called “ Enough is enough!” The project, the Society’s largest environmental effort since the Pine Barrens Preservation Initiative, which led to the creation of the 55,000 acre Pine Barrens Preserve, focuses on land acquisition priorities across Long Island, especially on the East End. The initiative involves public education and advocacy about the problem of over-development on Long Island. It features hard-hitting print, radio and television ads: the release of Top Ten lists of the most important parcels of land that must be preserved through public acquisition of the properties-- by town and region: efforts to streamline the preservation process and stepped up litigation to prevent the approval of environmentally threatening development proposals. Three years ago, Long Island planners projected final build-out of Long Island for the year 2012. At that point, all remaining open space on Long Island will have been committed for preservation or development. The recent building boom has caused many to move that date dramatically forward, so land use decisions in the immediate future will determine how much is saved and how much is lost. A key component of the campaign is to identify and scrutinize proposed development projects in every Long Island town -- especially those in statedesignated Special Groundwater Protection Areas and in locally-designated Critical Environmental Areas. Volunteers have begun to evaluate applications for new development to ANNOUNCES NEW INITIATIVE: Society Executive Director, Richard Amper, describes "Enough is enough!" campaign to environmental and civic leaders, April 20. Photo by Ted Curry. INSIDE consider their impacts on drinking water and habitat protection, given the limited and diminishing open space left on Long Island. Next, a coalition of more than 100 environmental and civic groups are being encouraged to press government at every level to spend money already set aside by the public for open space preservation, to complete the purchase of the most environmentally-sensitive land. Then, efforts will focus on making preservation programs more efficient by clearing bottle necks in the land acquisition process at the state, county and local level. Finally, the Society will expand its legal efforts to block approvals of proposed development projects located in water-recharge areas. Pine Barrens Society Executive Director, Richard Amper, explained, “We need to set priorities for preservation and an expeditious timetable to complete the task before development overwhelms the last remaining open space on Long Island at enormous cost to the economy, environment and quality-of-life of the place we call home.” The new effort was launched on Earth Day Weekend by scores of environmental and civic leaders from across the Island carrying signs and wearing badges depicting bulldozers stalled at a forest and declaring “Enough is enough!” T.V. public service announcements began at the same time on News 12 and other programming, to carry the message to every Long Islander that over-development is the number one threat to the environment, economy and quality-of-life on Long Island. The kick-off was attended by more than Budget Cuts Threaten BNL Clean Up. . . . . . 2 The Thicket. . . . . . . . . . . . . . . . . . . . . . . . . .3 Albany Preservation Intervention. . . . . . . . . .6 “Green” Election Drive. . . . . . . . . . . . . . . . . .7 Schumer to be Honored. . . . . . . . . . . . . . . . 7 (continued on page 6) 1 Budget Cuts Threaten BNL Clean-Up Expedited clean-up of Brookhaven National Laboratory would be stopped by significant budget cuts at the U.S. Department of Energy, ordered by President George W. Bush. The April announcement stunned a large coalition of environmental, civic and business leaders who recently won a hard-fought battle to remediate contamination of soil and water at the sprawling, 5000-acre facility in the Central Pine Barrens. The proposed budget cuts would slash 16.5 percent from the clean-up budget -- from $30.8 million to $25.7. The accelerated clean-up, slated to be completed in 2004, instead of 2006, anticipated $34 million, this year. The more rapid timetable would save taxpayers $16 million. "This budget cut makes no more economic sense than environmental," said PBS Executive Director Richard Amper who heads the 36-member Community Advisory Council's Expedited Clean-up Subcommittee. "We hope this indiscriminate reduction can be reversed -- surely the President does not intend to increase the cost of clean-up even as it is delayed." He and other CAC members and Long Island leaders promised an appeal to the D.O.E., the Long Island Congressional Delegation and to the White House. President George W. Bush has proposed cuts to the Brookhaven National Labs Clean-Up Budget by 16.5%, or $5.1 million dollars. Court Blocks Building on Pine Barrens Reverses Commission’s Approval of Arenas in Manorville A State Supreme Court Justice has overturned an approval by the New York State Pine Barrens Commission to permit construction of two equestrian arenas in the Core Preservation Area of the Long Island Pine Barrens. In a March 23 Decision, Judge Edward Burke concluded that the approval was "arbitrary and capricious," and that the proposed construction is "inconsistent with the purposes of the (Pine Barrens Protection) Act." The lawsuits were brought last June by the Long Island Pine Barrens Society. Over the Society's objections, the State Pine Barrens Commission approved construction of a 20,000 square foot and a 16,000 square foot riding arena in the Core Preservation Area of the Pine Barrens in Manorville, where development is prohibited. The Pine Barrens sit atop Long Island's purest underground drinking water supply and boast the greatest diversity of plants and animals anywhere in New York State. The Commission declared the projects to be permitted "recreation" and "non-development," under the 1993 state law that protects the Pine Barrens. The Society said in its court papers, "The Pine Barrens Act permits recreation but prohibits development in the Core Preservation Area of the Pine Barrens. Riding horses constitutes recreation. The construction of an athletic facility constitutes development. Riding horses is permitted under the statute; developing buildings isn't." The Supreme Court agreed. This is the third consecutive legal victory by the Pine Barrens Society over the Pine Barrens Commission which is comprised of the Supervisors of Brookhaven Riverhead and Southampton, the Suffolk County Executive and a representative of the 2 Governor -- currently Ray Cowan, Regional Director of the New York State Dept. of Environmental Conservation. Pine Barrens Society Executive Director Richard Amper said, "It shouldn't take a non-profit environmental charity to force our public officials to protect the Pine Barrens. When they approve development in the "no build" zone, they're not just acting irresponsibly; they're breaking the law." Pending legal action includes challenges to Islip's sale of town-owned land for development in Brentwood, Riverhead's approval of a mega-golf resort on the globally rare Grandifolia Sandhills and Southampton and East Hampton's continued approvals of development projects in the South Fork Pine Barrens without considering cumulative impacts to drinking water and habitat. All are pending in the Appellate Division of State Supreme Court. Amper concluded, "The Society's legal strategy has proven very successful. It is based on the simply theory that when government breaks environmental law, citizens must sue. Thanks to the Society's counsel, Regina Seltzer, we've done a very good job." THE THICKET A Natural Gift by Marsha Hamilton Ms. Hamilton is Guest Curator at the Suffolk County Historical Society in Riverhead. The pine barrens has long played an important role in the development of Long Island. From the end of the last ice age to the present, human societies have shaped and been shaped by this globally-unique ecosystem. Thus as the pine barrens changed in response to human activities, people's perception of the forest also changed. Native Americans arrived on Long Island about 10,000 years ago and encountered a forest that contained a mix of hardwood, pine, and oak trees. They extracted resources from the region, such as wood for fires and wild fruits and berries, but probably did not significantly alter the pine barrens until about 3,000 years ago. At this time, the Indians probably began to use fire to clear the forest for their agricultural fields. The practice of clearing forests with fire may have extended the range of the pine barrens, since pitch pine and scrub oak tend to move into disturbed areas more quickly than do hardwood trees. European settlers of the seventeenth century also altered the composition of the pine barrens. They eagerly exploited the land, cutting trees for firewood and building material, and clearing the land for agricultural fields. A glance through the town records leaves the impression that residents saw no need to conserve forest resources. These settlers saw the pine barrens as useful and desirable land. These activities had changed the landscape by the middle of the eighteenth century, when Dr. Alexander Hamilton, a physician from Maryland, wrote the earliest known description of the pine barrens. Hamilton viewed the area around Middle Island as "very barren and waste land," where there was "nothing but oak bushes two feet high, and thinly scattered over the plain were several old naked pines at about two or three hundred feet distance from one another." The pine barrens emerge as lonely, desolate, and almost haunting. Thus the first major change in the percep- BARREN AND WASTE LAND: The building was located at the LIRR Experimental Farm # 2, in Medford. The LIRR established this farm in an effort to prove that Long Island’s soils were fertile and to promote the use of the LIRR to move produce from the farms to the markets. Photo courtesy of the Suffolk County Historical Society. Fires in the Long Island Woods, From the Collection of the New-York Historical Society tion of the pine barrens had occurred. It had shifted from the perspective of the Native Americans and early settlers who valued the land for what it could provide to that of farmers who saw the land as "barren" because it did not produce agricultural crops. Several nineteenth-century developments reinforced this view of "barren and waste land." The cutting of cordwood for local uses and for export was a major part of the local economy. By the 1820s, the timber had become more important than the land itself; local residents began to purchase only the right to cut wood on certain properties. In addition, the Long Island railroad changed the composition of the pine barrens, which affected the perception of the land. Fires caused by locomotives destroyed vast tracts of standing timber, encouraging the growth of pitch pine and scrub oak and adding to the "scrubby" look of the land. At the same time, however, a few local men began to promote the pine barrens for agriculture. In the 1840s, Dr. Edgar F. Peck of Smithtown attempted to develop a settlement of small farms south of Lake Ronkonkoma to supply New York City with fresh vegetables and dairy products. Many developers after Peck also tried to influence local residents' ideas about the pine barrens. Most notable were the experimental farms owned by the Long Island railroad and operated by Hal and Edith Fullerton. Little came of these efforts, and many parts of the pine barrens remained relatively untouched until the middle of the twentieth century. As public awareness about environmental issues rose in the 1960s and 1970s, another shift in the perception of the pine barrens occurred. The region came to represent an important piece of "old" Long Island that was quickly disappearing, while scientists studying the area recognized the fragility and rarity of this ecosystem. This awareness produced the Long Island Pine Barrens Protection Act, which created the third largest forest preserve in New York State in 1993. At the turn of a new century, the pine barrens once again has become a prized resource for Long Islanders. The value lies not in the products extracted from it, but in the quality of life it provides. It is a recreational wonderland, a scientific treasure, and an important catch basin for the aquifers. By supporting the preservation of this remarkable ecosystem, Long Islanders have recognized that human society still depends on the natural world. 3 EXECUTIVE DIRECTOR RICHARD AMPER OVER-DEVELOPMENT: Enough is enough! arth Day on Long Island is less a celebration than a wake-up call. Our Number One environmental problem on Long Island is over-development and it's destroying our environment, our economy and our whole quality-of-life. E paign to Long Islanders warning of the dangers of more over-development, the identification of land that must be preserved and the streamlining of the process of acquiring environmentally-critical open space and farmland. Make no mistake about it, pubBuilding construction introlic support for drinking water protection and open space preservation duces contaminants into our is widespread. Long Islanders have underground drinking water supplies. Long Island's is the first "If we don't purchase it now, already put up more money to preserve land than 45 of the 50 states federally-designated Sole Source - more than $300 million. And, Aquifer. That means it is not feathere's another $600 million comit's simply not going to be sible to obtain drinking water mitted from the state, Suffolk from any other place than below County and eight Long Island there to buy in the future." ground. More than 100 drinking towns. Alas, development is outwater wells have already been pacing preservation and governpolluted. In some places, salt ment is falling behind the chalwater intrusion is being experilenge. enced as a result of over-pumping. We must preserve the land above our remaining pure Fortunately, there is a solution. Despite the influence sources as we began in the mid-90's in the Pine Barrens. of the development special interests, the public interest Development-generated automobile use has made this can still be served. The Pine Barrens Preservation Plan which has set aside 55,000 acres for permanent preserregion's air quality, the second worst in the nation. And vation and permitted 47,000 less-sensitive acres to be now, demand for electricity threatens California-like developed within the Central Suffolk Pine Barrens, has black outs or else increased generating capacity become a national model for balancing preservation . with development. Before our dwindling open space In addition, the cost of providing government services falls to the bulldozers’plows, we must do something like which result from residential development has sent our it, again. taxes soaring to more than twice the national average. It costs $1.29 to pay for schools, road repair, social services Our new initiative identifies the Top Ten priorities etc for every new tax dollar generated by residential for land acquisition in Nassau, western Suffolk, in building. Areas that are highly-developed have high Brookhaven and on the East End. Yes, upzoning, clustaxes; rural areas have lower taxes. The reason: Deer tering, purchase or transfer of development rights and don't go to school. conservation easements could help, but experience shows that more than 90 percent of land that gets saved Long Island used to be the favored location for reis preserved the old fashioned way -- we buy it. And if location because of its great natural amenities -- its beachwe don't purchase it now, it's simply not going to be es, bays and woodlands. Now, population expectations there to buy in the future. have proven wrong as congestion, high taxes and suburban sprawl have undercut our quality-of-life. We've all Land preservation on Long Island is a great social seen it. contract. The people who live, work and raise families here, earmark real estate or sales tax money for drinking The development-at-any-cost crowd has been paving water protection and open space preservation. Then, us over from west-to-east at enormous social expense. government pays it to owners of private property which Now, planners project final build-out of Long Island must be preserved for the public good. Long Islanders before this decade is out, after which there will be no have been all too willing to do their part. Now, governchoices at all about how much of Long Island's landscape ment must move quickly to finish the job. is paved and how much preserved. That's why the Long Island Pine Barrens Society and scores of environmental and civic organizations have launched a new preservation initiative. It's called, "Enough is enough!" It is comprised of a media cam4 Preservation of the Long Island Pine Barrens proves that we know how to do it. We must do it now, or explain to our grandchildren why we didn't. PINE BARRENS SOCIETY PRESIDENT RICHARD LUPPI A Setback at Brookhaven Lab a savings of $16-$18 million to taxpayers. A win, et's begin with the bad news. Just when we were win situation for all Long Islanders. about to celebrate a hard-won effort to fasttrack the radioactive leak cleanup at Not so fast, buddy. Bush's proposed budget calls Brookhaven National Laboratory, we have learned for cutting $5.1 million (16.5 percent) from funds that it could be undone by significant cuts under earmarked for the clean up this President George W. Bush's year. Lab officials, community budget. This action has infuriatactivists, and environmentalists ed environmental and business who had campaigned hard for a leaders alike who share a legiti“The health of the entire speedier cleanup had expected mate fear that contamination almost $34 million for the next will spread further into Long fiscal year, aimed at finishing the Island's aquifer and endanger Peconic Bay ecosystem was, work by 2004 instead of 2006. our sole source of drinking The heavy cleanup work has just water. and still is, at risk.” started, including hauling away contaminated soil and getting rid The environmental contamiof parts of the contaminated nation at the Brookhaven reactor. National Laboratory has a long, well documented history. The Lab sits in the New The good news is that Sen. Charles Schumer, York State Pine Barrens Preserve, which in turn sits who helped deliver more cleanup money last year, on top of the greatest quantities of pure drinking believes that BNL will receive more funding in water that remain on Long Island. In the 1970s, the congressional budget negotiations. He recently statLab was designated as a Superfund site. Radioactive ed his intention to form alliances with other labs waste and other chemicals were contaminating the that were similarly cut. However, BNL has unique soil and the groundwater and endangering the circumstances which justify quicker cleanup. Not Peconic River, whose headwaters begin at the Lab. many D.O.E. facilities sit in a federally designated The health of the entire Peconic Bay ecosystem was, Sole Source Aquifer, and a state designated Special and still is, at risk. Groundwater Protection Area. And not all sites have pollution migrating from the facility and agreement on cleanup procedures from all government regulatory agencies - as BNL does. We need more good news. We need for the funds to be returned to the cleanup process so that we Long Islanders can be assured that our sole source aquifer and our drinking water will be protected from nuclear waste now and for generations to come. The U.S. Department of Energy slated the lab for LONG ISLAND a six-year cleanup effort. A community group, The Community Advisory Council to Brookhaven PINE BARRENS National Laboratory (CAC), was formed to advise SOCIETY and collaborate with the Lab. It was comprised of a Officers Board of Directors diverse group of business, environmental, public Richard Luppi, President Robert McGrath health and community leaders. The CAC created a Alan Singer, Vice-President Maureen Michaels subcommittee to study the problem of contamination Nina Leonhardt, Secretary Adriana Niazi and the cleanup plan. The chair of the subcommittee Vincent Scandole, Treasurer John Turner was the Society's Dick Amper. After studying the Executive Director Richard Amper problem, the subcommittee determined that the Editor Lauren Storms cleanup could be accelerated. “We mean business about the environment” L Within months, with the Pine Barrens Society playing a major role in its promotion, the plan was embraced by The Department of Energy. The end result was to be a successful accelerated cleanup and A copy of the last annual report filed with the Department of Law may be obtained by writing the Department at Office Tower, Empire State Plaza, Albany, NY 12242 or may be obtained directly from the Long Island Pine Barrens Society, Box 429, Manorville, New York 119499801. 5 State Legislature Intervenes in Suffolk Preservation Issue The New York State Legislature has intervened in a controversial policy decision by Suffolk County officials concerning land purchases under the county's Drinking Water Protection Program. In 1987 and 1988, Suffolk voters, by identical 84% majorities at referendum, approved the Suffolk County Drinking Water Protection Program -- by far the most successful land acquisition program in Long Island history. This fund, created through the use of a quarter-cent in sales tax, was twice raided to plug holes in the county budget until the loophole was closed in 1996 as a result of a citizens referendum. The petition drive represented the only time in New York State history that a referendum was placed on a county-wide ballot by citizen initiative. The quarter-cent program was extended by referendum in 1999. There was no mention in the referendum that the program would be changed to "pay as you go" status. The Drinking Water Protection Program depended on timely purchases and envisioned borrowing against anticipated revenues. An explicit effort to make the program "pay as you go" -- that is to spend revenues only as they are collected -- was defeated by referendum in 2000. Nevertheless the Suffolk County Legislature and Suffolk County Executive declared after the failed 2000 referendum that it was their interpretation of the 1999 referendum that borrowing was prohibited. In fact, state finance law and municipal law both permit borrowing against a revenue stream unless it is specifically precluded by a referendum. Members of the Long Island state legislative delegation, which had to approve the sales tax extension before it could be enacted locally, also concluded that borrowing is permitted. The present rate of development means that without borrowing, much of the targeted land would be developed before the funds became available. Moreover, given the ten percent yearly appreciation rate on East End land and the availability of state loans at zero to three percent offered by the New York State Environmental Facilities Corporation through its State Revolving Fund, the fiscal prudence of buying the land more cheaply, now, is obvious. The Society took the lead in advocating state legislation to ensure Suffolk's capacity to borrow under the program as extended. The legislation was approved in the State Senate May 1, and in the State Assembly May 2. Principal sponsors of the bill were State Senator Kenneth LaValle and Assemblymen Steven Englebright and Fred Thiele. PBS Executive Director Richard Amper explained, "Timely purchases under this county program are essential to the success of open space preservation in the county. If we had to wait for all the tax money approved by voters to be collected, much land would be lost and what could be saved would be far more expensive." On April 24, the Suffolk County Legislature approved a "home rule" message to the state legislature -- effectively approving of the bill to permit borrowing. If signed into law by Gov. Pataki the legislation would avoid the requirement for a new referendum and permit purchases without 6 waiting to actually collect the sales tax. "Senator LaValle, Assemblymen Englebright and Thiele and their colleagues are owed a debt of gratitude for their leadership in helping to resolve this matter," said PBS Executive Director, Richard Amper. N.Y.S. Photo N.Y.S. Photo Senator Kenneth Lavalle Assemblyman Steve Englebright Enough Is Enough! Photo: Gary Mamay Assemblyman Fred Thiele (continued from page 1) 100 Long Island leaders, April 20, at Suffolk Community College’s Eastern Campus in Riverhead. The event featured the display of full-color maps of the preservation plan, “Top Ten” lists of targeted parcels and the premiere screening of the anti-development media campaign, as well as a pro-preservation rally and luncheon reception. “The kick-off of the Pine Barrens Preservation Initiative marked the beginning of the most successful environmental protection campaign in Long Island’s history,” Amper said, “We hope that the launch of the “Enough is enough!” Initiative will mark the beginning of the last major open space preservation effort before the last vestiges of Long Island’s natural history are lost forever to over-development.” PRESERVATION GOAL: Joseph Lorintz, Executive Director of the Long Island Drinking Water Coalition points out acquisition target for PBS Executive Director, Richard Amper. The new land preservation initiative was launched April 20. Photo by Ted Curry. “Green” Election Drive NYLCV Targets East End Races The New York League of Conservation voters has announced an unprecedented campaign to elect pro-environmental candidates to office on Long Island's East End and in Brookhaven. Instead of merely identifying and endorsing the proenvironment candidates in the fall, this year the League committed itself to recruiting candidates who actively support open space and farmland preservation, to raising money and supplying volunteers for their campaigns. Most environmental groups such as the Pine Barrens Society, are prohibited by law from endorsing or helping political candidates. The New York League of Conservation Voters, on the other hand, is permitted to do this, so they can counter the prodevelopment or anti-environmental agendas of special interests. Increasingly, the League is serving as the political arm of the environmental community. The League decided that development pressure in eastern Long Island was such a threat, that special intervention was required. "Those who are elected to office this fall will serve during a critical four-year period during which most of the important land use decisions will be made on eastern Long Island," said Long Island Chapter Chairman Michael White. State League Executive Director Marcia Bystryn added, "The League is in a position to endorse and help candidates in ways that the environmental education and advocacy NEW POLITICS: Michael White, Chairman of the LI Chapter of NYLCV and Louise Harrison, of Conservation and Natural Areas Planning, kick off a campaign to elect pro-environment candidates on the East End. Photo by Amie Hamlin. groups aren't permitted to do. This allows us to be the political arm of the environmental community and will let us engage the electoral process on the East End at the most critical time in terms of open space preservation." The League is interviewing town and county party chair people, is running ads looking for would-be environmental candidates and is fielding a team of volunteers to support the candidates NYLCV endorses with work and money. "This means that environmentalists will play a bigger role than ever before in ensuring that pro-environmental candidates are elected this year," said PBS Executive Director Richard Amper, who is also a member of the Board of Directors of the state-wide organization. Schumer to Receive Top Environmental Honor United State Senator Charles Schumer will receive the Society's award for "Outstanding Contribution to Long Island's Environment," at the Society's 24th Anniversary Awards Gala in October. Senator Schumer will be honored for his leadership in helping to obtain expedited clean-up of environmental contamination at Brookhaven National Laboratory in the Central Pine Barrens. Schumer was instrumental in helping to win $41 million to remediate spills of toxic and radioactive materials into groundwater and soils at the sprawling 5000-acre research facility, operated for the United States Department of Energy by Brookhaven Science Associates -- a Long Island U.S. Senate Photo based consortium. Recent budget cuts Senator now threaten the clean-up (See story Charles Schumer on page 2 and editorial on page 4). Originally expected to take until 2006 to complete, the ambitious environmental clean-up was to be accelerated by the Department of Energy to 2004, instead. Senator Schumer responded to an appeal by a sub-committee of the Community Advisory Committee at BNL -- headed by PBS Executive Director Richard Amper. The two year expediting was expected to save taxpayers $16 million. Each year, the Society honors distinguished leaders for their contribution to the environment on Long Island. Past winners of the award for "Outstanding Contribution to Long Island's Environment include Assemblymen Steven Englebright, Thomas DiNapoli and Fred Thiele, State Senator Kenneth LaValle, Attorney General Robert Abrams and Governor George Pataki. The Annual Awards Gala moves from location to location, each year. This years event will take place on Friday October 26, at Louis XVI, on the water in Patchogue. 7 Join us for The Pine Barrens Society’s Spring Hike Save the date! June 30th, 2001 10AM-2PM. Join the Pine Barrens Society’s resident naturalist and one of our Board members, John Turner, for a 3 mile hike through beautiful Riverhead Hills. Don’t forget to pack a lunch and wear comfy, sturdy shoes. Bring the whole family! Please call (631)369-3300 in advance to reserve a spot. Silent Auction Items Needed We are beginning to collect items for our Silent Auction that coincides with the Awards Gala. Past donations include horseback riding, golf, or tennis lessons, ski trips, artwork, antiques, a weekend at a summer home, gift baskets, theatre tickets and a dinner for two in the city, autographs, kayak and hiking tours led by a naturalist, plane rides around Long Island and many other creative and unique experiences and items. Whatever you forte, we could use your talents, resources and connections to raise funds for our efforts in saving our precious and unique Long Island landscape. For more information or to donate an item, please call Lauren Storms at the Society’s office, (631)369-3300, or e-mail [email protected]. SUNSET IN THE TREES: A picturesque Pine Barrens sunset. Photo by Ray Corwin LONG ISLAND PINE BARRENS SOCIETY Non-Profit Organization U.S. Postage PAID Manorville, NY 11949 Permit #23 Post Office Box 429 Manorville, New York 11949-9801