listen to this articleThe Town of Smithtown’s preliminary subdivision approval for the 75-acre Flowerfield property in St. James has been upheld by a state Supreme Court ruling.
State Supreme Court Judge Maureen Riccione ruled Friday that the St. James Harbor Area Preservation Coalition and three area residents who filed a preliminary lawsuit against the town, its planning commission and Flowerfield’s owner Gyrodyne. The Article 78 lawsuit filed in May 2022 was dismissed. Approval of Subdivision.
The petitioners argued that the environmental study conducted by the town prior to preliminary subdivision approval was insufficient and did not include an analysis of the impact on the neighboring community and its character. But the judge’s 13-page decision found that impacts to the neighborhood’s character were “extensively considered” in the environmental statement, and that up to 200 feet of buffers, vegetation, plants and other “potential It has also imposed a number of measures aimed at mitigating the negative impacts of the pandemic. Restrictions on the location of structures.
The lawsuit also claimed that the Planning Commission’s environmental review failed to “rigorously consider” the subdivision’s impacts on transportation and water resources. The judge ruled that both of these claims, and several others, lacked merit.
Tim Shea, an attorney with Surtilman, Ballin, Adler & Hyman, who represents Gyrodyne, praised the ruling.
“We are pleased with Judge Riccione’s thorough and reasoned decision, which validates the professionalism and diligence of the City of Smithtown, IMEG’s Richard Zapolsky and Rebecca Goldberg, and our entire development team. We look forward to completing the subdivision process,” he told LIBN. .
E. Christopher Murray of Rivkin Radler, who is representing the plaintiffs in the case, indicated he may appeal the decision.
He said: “There are a number of issues that we believe are worthy of appeal and we will pursue all appropriate measures in relation to the proposed development.”
The eight-lot subdivision plan approved by the town and its Planning Commission in March 2022, after public comment and feedback from local stakeholders, expands from the original nine-lot proposal submitted in December 2017. It was scaled down and fixed. The current tentative subdivision approval from the town allows for a planned development of a 125,000-square-foot medical office building, a 250-bed assisted living facility, and a 125-key hotel with associated infrastructure. . Approximately 47 percent of the site, or 35.4 acres, will be set aside as open space, including managed landscaping and 3.2 miles of walking and biking trails.
“We are extremely pleased with the court’s definitive ruling upholding the integrity of our zoning approval process,” Gyrodyne CEO Gary Fitlin said in a written statement. . “This decision is a major milestone for Gyrodyne and reaffirms our commitment to responsible development. We remain focused on ensuring the best possible outcome for our shareholders.”
Gyrodyne, a publicly traded company that was once a manufacturer of helicopters and aviation equipment, ceased operations in 1975 and turned part of its vast St. James property into an industrial park. The Flowerfield site, located at the intersection of Mills Pond Road and Flowerfield Drive, currently includes four single-story, multi-tenant industrial buildings with a total built-up area of 134,893 square feet, approximately 80 percent occupied. Occupied.
In 2012, Gyrodyne received about $167.5 million from the state for undervaluing 245.5 acres of land the state owned seven years earlier. A state court has ruled that Gyrodyne is obligated to pay for the Flowerfield property, which the state took over via eminent domain in 2005 and is now part of Stony Brook University. did.
Development of the remaining Flowerfield site has long been opposed by local residents who have opposed previously proposed plans.
Gyrodyne, a St. James-based company that owns and manages a portfolio of commercial properties, is seeking to increase the value and appeal of Flowerfield by securing municipal approval for future redevelopment. The Flowerfield property is currently being marketed by the JLL Capital Markets team led by Jose Cruz, Ryan Robertson and David Leviton.
“The outcome of the Section 78 case will provide greater clarity to future buyers about the future use of the property,” Cruz said in a statement. “We believe that the approval of this subdivision addresses all of the concerns associated with real estate development and will have a positive impact on our marketing efforts.”
