Lutheran High School auditorium was filled on March 22, as those for and against the St. Dominic playing fields proposed for Muttontown, had the opportunity to express their opinions. Matthew Meng said, "If you measured the meeting on a point scale, it was a dead heat. Both sides made valid and strong points. If someone didn't have an opinion, I don't think their minds would have been decided on either side.

"I'm trying to keep a fair and impartial mind. I went as an observer," said the East Norwich resident. He was speaking on his own and not as a representative of the East Norwich Civic Association of which he is the president.

Mr. Meng said as the meeting ended, "It didn't look as if any opinions were changed or any one walked away with a smile on their face indicating that their side had won."

This was the first of two meetings for the proposed St. Dominic playing fields, on the former Stoothoff farm on 25A just east of the Chelsea Center. The first hearing was before the Planning Commission, the second hearing will be before the Zoning Board.

The crux of the issue at the first meeting, said Mayor Richard Murcott was based on the village zoning laws. "In order to create a legal building a lot must have 200 feet of frontage on a road or 90 feet on a cul de sac. They wish to create a lot with no frontage. That was the crux of the hearing," he said.

Muttontown resident Helaine Freed was in that situation about three years ago, when she was not allowed to subdivide her property to allow a house to be built there.

"The law is the law and it should apply equally to all of us. I would like it if my property were able to be subdivided in that way. I'm just concerned about the zoning laws that have been designed to preserve our community. In my case it worked against me. I just wanted a house on four acres but they said no. They left me with landlocked property I can't use," she said.

Mrs. Freed's driveway exits on Northern Boulevard and so she has a view of the traffic on that road. "I am also concerned with traffic and safety on Northern Blvd. I sometimes have to sit on my driveway for 10 minutes, waiting to get out. When I do slow down to go into my driveway, I'm terrified," she said.

"I'm also concerned about children and bikes and I don't want it to turn into Jericho Turnpike.

"If they aren't turned down - then you can't turn anyone else down," she said.

She was also concerned that the St. Dominic sports camp set a precedent. "If the laws are interpreted so that it can be construed as a business that would operate there - even though it is a church - would it set a precedent?" she asked.

If the Planning Board feels it would be okay to use the back field without proper frontage St. Dominic's will then have to go to the zoning board for a variance. The attorney for St. Dominic's Jeffrey Forchelli said the village ordinance has strict limitations on ball field type use. "We are basing the case on the court of appeals decision. That will be at the next issue. This was the two lots of 30 and 16 acres each. The next is to determine whether or not the use will be permitted. That is where the main issue will be determined."

Mr. Forchelli said, "The purpose of zoning is to control growth and see that things are done right. If 16 acres is used only for one house, never to subdivide but hasn't frontage it's a no brainer. The positives outweigh the negatives," he said.

"The issue is the use of the 30 acres of fields," he said, "If anyone in Muttontown said I'll sell you 16 acres and you leave it alone, it would get approved. That is what will happen with the field."

He said, to say the fields are not allowed is inaccurate, and he discussed his theory of zoning law.

Attorney Forchelli said according to the constitution, "All powers not enumerated to the federal government go to the state. The state has all the police power in the state. The legislature has delegated to the municipalities - like to Muttontown - the power to regulate land use, but that power has to be done in the framework of what is constitutional and legal. The police power of zoning is important to the health, safety and welfare of the people.

"The highest court of appeals in December 1997, in the case of Union College in Schnectady, the courts reiterated what we already know, education and religious institutions are presumably there to promote the public health, safety, and welfare of the community.

"So it is contradictory of zoning laws to keep them out - so that being so - the court has held that if it is an educational or religious use, the proper thing is for a zoning board to weigh any negative impact such as traffic and to build in mitigation to the greatest extent possible," said Mr. Forchelli.

"In this case, St. Dominic's and Monsignor Ribaudo, for the last 1 1/2 years have tried to mitigate the impact of the project to the greatest extent possible," he said. The mitigation includes two sets of berms off 25A so the open space view is maintained and there is no view of the fields; 24 hour security to prevent misuse such as being used as a hangout in off hours; no lighting outdoors of the fields so that there is no night use of the fields. They will only be used 7 months a year.

"They only work with the light that God gives us."

There will be no permanent bleachers.

The proposed sports building to be used in case of inclement weather will be 120 ft. x 120 ft. and will be about 2 1/2 stories high - the height of a family house - about 35 feet.

He said the two sports that generate lots of spectator participation are football and basketball: St. Dominic's has no football team and has a gym for basketball with 2,000 seats available already.

Other mitigations include having met with NYS DOT and revamped the access from Northern Boulevard - all at the cost of St. Dominic's. They propose two left hand turn lanes so if going eastbound there is one going into Linden Lane, and a dedicated left hand into the site and on the St. Dominic side, they will allow a right turn only. No one is going across traffic on Northern Boulevard, he said.

Mr. Forchelli said all the traffic is supposed to go back to St. Dominic's School. If you want to go the other way, go to 1/4 mile to Mill River Road and at the left turn arrow you can make a left hand turn.

Additionally, he said, the use is during off hour traffic times. It is not rush hour traffic and afternoon traffic, he said. There may be some strays between 4 p.m. and 6 p.m. But we feel there would be minor traffic exiting then.

In terms of water consumption, it's substantially less than 14 houses, he said, and uses substantially less impervious material for roofs and black top than fields, where rainwater will diffuse into the ground.

The lot in the rear will have a covenant that it can never be further subdivided, said Mr. Forchelli.

Residents have expressed concern over what might happen on the back lot being purchased by Mr. Charles Wang. Someone asked if it would be a corporate center/retreat. Presently the field has a variety of lush vegetation resulting from a time when it was used by Martin Viette for plantings.

Mr. Forchelli said the back acres will be used for one one-family house for a family member and they will comply with all the village covenants and restrictions. Previously the property was said to be chosen because of its direct access to the Muttontown Preserve horse trails.

Everyone is concerned with density and overcrowding, said Mr. Forchelli. The 14 homes would add 14 families to the community, he said. The field use is an amenity to those there, and adds to the community. It's taking land and making an amenity either directly or indirectly and not causing more density.

More families means more stress on existing parks in the area. There are the same number of parks here as 30 years ago but the population has increased.

Mr. Forchelli said the facilities will be used as an adjunct to St. Dominic's and their CYO for 125 participants from 9:30 a.m. to 3:30 p.m. for a six week program in the summer.

He said from Memorial Day to Labor Day the traffic is 20 percent less than the rest of the year.

The peak traffic times for the area are from 7 a.m. to 9 a.m. westbound and 4 a.m. to 6 p.m. eastbound. None of it conflicts with the times the students will be there, he said.

Muttontown resident Geoffrey R. Kaiser has no objection to using the fields for children, but said he felt the community deserves some give-back, possibly in terms of making the fields available to the population of Muttontown in some way. "They are asking a community to change its rules to gain some benefit. It is routine and a salutary purpose to ask for something back" he said.

Attorney Jeffrey Forchelli said, "We'd be willing to do that, but originally, they didn't want too much development. We certainly would be willing to talk about it if the issue comes up when we are before the board."

Additionally, the CYO, doesn't take only Catholic school students but includes students from the public schools.

During the initial discussions for the playing fields there was mention of the Oyster Bay-East Norwich Soccer Club also using the fields. The suggestion was withdrawn to limit the use for St. Dominic students only.

Residents received copies of The Muttontown News, published by The Brookville and Muttontown Resident Association. It had an article about the St. Dominic fields, that said, "If approved it will bring people from all over the metropolitan area into our neighborhood and will also add tremendously to the traffic that is already way too heavy. In addition, hundreds of students and parents from other towns will be brought into our neighborhood. There is the possibility of an increase in traffic accidents as well as crime."

They added the loss of property taxes and said "The size of this project could easily be expanded in future years. St. Dominic's has met with many groups to say that none of this will happen. What if they are wrong? Once it is developed it is too late!"

Another concern for some residents is the fact that access to the back acres will be through an existing road. The owner of that road, Perry Welsh has said he is willing to share his road for access into the back acres.

In closing St. Dominic's attorney Jeffrey Forchelli cited the ruling from an upstate village that was overturned in a higher court when pursued by a school.

A Muttontown resident took exception to that saying it was a veiled threat that if denied the fields, the church would appeal to a higher court.

The meeting was breaking up and there was no comment made to the statement.