Smithtown civic group appeals Flowerfield Fairgrounds lawsuit dismissal
Part of the Flowerfield Fairgrounds property in St. James. Credit: Newsday/John Paraskevas
A civic group is appealing a judge's dismissal of its lawsuit against the Town of Smithtown and a developer over plans to subdivide the Flowerfield Fairgrounds property in St. James.
In April 2022, the Saint James-Head of the Harbor Neighborhood Preservation Coalition sued the Town of Smithtown and Gyrodyne over the company's plan to develop medical offices, an assisted living facility and a hotel on part of the property. The town planning board was wrong to give the project preliminary approval, the civic group had argued in court papers, calling it an abuse of discretion that violated lawful procedure.
In October, Suffolk County Supreme Court Justice Maureen Liccione ruled in favor of Gyrodyne and Smithtown. In a 13-page ruling, Liccione said the subdivision complied with zoning rules as well as Smithtown’s comprehensive master plan. She said the town's planning board review was thorough and accounted for environmental concerns.
On Nov. 26, the civic group filed an appeal with the New York State Appellate Division, Second Judicial Department.
The court “incorrectly determined that the environmental review was sufficient," lawyers for the civic group argued in the appeal. The town’s review failed to include “any of the potential impacts on the character of the community, including increase in population and change in the overall nature of the neighborhood as required" by the State Environmental Quality Review Act, or SEQRA.
Supervisor Ed Wehrheim said he found the civic group's decision to appeal "a bit disappointing." The town has spent roughly $60,000 defending the case and an appeal will also be costly, he said.
"It's unfortunate that taxpayers in Smithtown have to pay for this appeal if it goes through," Wehrheim said.
The town's environmental review did not take into account the effect of intense rainstorms, which are becoming more and more frequent on Long Island, the civic group argued. The lawsuit cited the Aug. 18-19 storm that brought more than 10 inches of rainfall to parts of Suffolk County's North Shore.
Chris Gobler, a professor at Stony Brook University's School of Marine and Atmospheric Sciences, filed an affidavit in support of the appeal.
Gobler said the environmental review focused on the impact of a storm that can produce 8 inches of rainfall. Citing the August storm, Gobler said a new study should use a higher metric of 10 inches. A new review should assess what infrastructure is needed to retain large amounts of stormwater runoff on the property.
Judy Ogden, a coalition spokeswoman and Head of the Harbor Village trustee, said she is concerned about heavy storms causing flooding in the area around Flowerfields.
Ogden pointed to the closure of a Stony Brook mill pond as a result of the August storm. After a dam broke, the pond had to be drained.
“As bad as the flooding from that event was, it could have been much worse,” Ogden said.
A civic group is appealing a judge's dismissal of its lawsuit against the Town of Smithtown and a developer over plans to subdivide the Flowerfield Fairgrounds property in St. James.
In April 2022, the Saint James-Head of the Harbor Neighborhood Preservation Coalition sued the Town of Smithtown and Gyrodyne over the company's plan to develop medical offices, an assisted living facility and a hotel on part of the property. The town planning board was wrong to give the project preliminary approval, the civic group had argued in court papers, calling it an abuse of discretion that violated lawful procedure.
In October, Suffolk County Supreme Court Justice Maureen Liccione ruled in favor of Gyrodyne and Smithtown. In a 13-page ruling, Liccione said the subdivision complied with zoning rules as well as Smithtown’s comprehensive master plan. She said the town's planning board review was thorough and accounted for environmental concerns.
On Nov. 26, the civic group filed an appeal with the New York State Appellate Division, Second Judicial Department.
The court “incorrectly determined that the environmental review was sufficient," lawyers for the civic group argued in the appeal. The town’s review failed to include “any of the potential impacts on the character of the community, including increase in population and change in the overall nature of the neighborhood as required" by the State Environmental Quality Review Act, or SEQRA.
Supervisor Ed Wehrheim said he found the civic group's decision to appeal "a bit disappointing." The town has spent roughly $60,000 defending the case and an appeal will also be costly, he said.
"It's unfortunate that taxpayers in Smithtown have to pay for this appeal if it goes through," Wehrheim said.
The town's environmental review did not take into account the effect of intense rainstorms, which are becoming more and more frequent on Long Island, the civic group argued. The lawsuit cited the Aug. 18-19 storm that brought more than 10 inches of rainfall to parts of Suffolk County's North Shore.
Chris Gobler, a professor at Stony Brook University's School of Marine and Atmospheric Sciences, filed an affidavit in support of the appeal.
Gobler said the environmental review focused on the impact of a storm that can produce 8 inches of rainfall. Citing the August storm, Gobler said a new study should use a higher metric of 10 inches. A new review should assess what infrastructure is needed to retain large amounts of stormwater runoff on the property.
Judy Ogden, a coalition spokeswoman and Head of the Harbor Village trustee, said she is concerned about heavy storms causing flooding in the area around Flowerfields.
Ogden pointed to the closure of a Stony Brook mill pond as a result of the August storm. After a dam broke, the pond had to be drained.
“As bad as the flooding from that event was, it could have been much worse,” Ogden said.
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