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A new law introduced by Councilwoman Christine Scalera, and recently approved by the Town Board, closes that loophole locally by eliminating the provision that exempts developers if they lower the overall density.

It was not immediately clear if that new town law would have any effect on The Hills application.“The proposed project is designed and intended for second- or- third-home buyers, for occupancy on a seasonal basis,” the FEIS reads.

He explained that a state law requires that developers either sell 10 percent of their units as affordable housing or set aside funding—to the tune of almost 0,000 per residential unit—to help build affordable housing elsewhere in the municipality.

But the state law has a loophole: A developer can simply reduce its total density, even by one unit, to sidestep the requirement.

Critics of the project—including Robert De Luca, president of Group for the East End—have repeatedly noted that the alternative is still asking for too much and that Discovery Land is not guaranteed 118 units “as of right.”The most surprising change to the final version of the document is Discovery Land’s added intention of buying and preserving a swath of land owned by the Parlato family of East Quogue, just east of the 600 acres already owned by the developer.

The family’s pre-application sought to subdivide the 33 acres at 436 Montauk Highway into 29 lots—though that figure could increase to 44 houses if the Parlatos agree to build some affordable housing.

“It would be a good piece to see preserved.”If the purchase is approved, it would not be the first time Discovery Land and the Parlatos have done business together.

The possible privy site was discovered Monday, and diggers were attempting to open it up Tuesday to investigate.

Additionally, the FEIS notes that the developer still plans to purchase, and retire, 30 Pine Barrens credits unless the PDD is ultimately rejected by the Town Board.

If that occurs, Discovery Land representatives previously stated that they would transfer the credits, which cost roughly ,000 each and represent an estimated .5 million investment, to their main property and increase the number of proposed houses to 165—though, under that scenario, the golf course would not be permitted.

Randall Weichbrodt, a private attorney in East Quogue who is representing the Parlatos, said on Friday that the contract between his client and Discovery Land specifically states that the sale will only happen if the Town Board signs off on the PDD.“If The Hills doesn’t get approved, they don’t have to close on the land,” Mr. Another change to the proposal—an expected one, town officials say—calls for the elimination of one of the 10 proposed clubhouse condominiums, reducing the number of units from 118 to 117.

By doing so, Discovery Land can avoid potentially paying millions of dollars into the town’s affordable housing fund, according to Town Supervisor Jay Schneiderman.

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