Photo credits – Matt Meduri
The Bull Run Farm property in St. James has been a subject of public debate and legal feuds between developers and the Town.
Developers applied for a special exception from the Town Board to build an assisted living facility on the parcel of land that holds the historic Bull Run Farm, which dates back to 1917. A special exception would ask the Town Board to hold a public hearing to grant or deny a possible zone change to allow for the ninety-seven-bed assisted living facility.
The special exception has been considered a loophole by the general public in the Town Code that primarily applied to assisted living facilities, hospitals, nursing homes and other adult care type facilities that must fulfill a need and “give due consideration to the character of the surrounding area” within the community in question. The recently-adopted Smithtown Master Plan had recommended updating antiquated Town Code, and pointed out loopholes, most notably pursuant to public insistence that the loophole be closed.
Many community members referenced the Bull Run Farm property during the public hearing to amend Chapter 322 of the Town Code, entitled “Zoning”, as it relates to Special Exception Uses.
The town code, amended in April 2023, defines the uses for Adult Home, Assisted Living Facility, Nursing Home, and Hospital, along with the zoning requirements. It also adds Assisted Living Facilities in the Table of Use Regulations of the Town Code, which prior to April 2023, had never been included. This is merely one example of how the Town utilized the Master Plan process to tighten zoning ordinances, update outdated code and amend conflicting, and duplicate resolutions.
On March 13 of this year, Mills Pond LLC filed a civil rights/housing/accommodation suit against the Town to stop the enforcement of said code that was amended in April 2023. The federal lawsuit cites the Fair Housing Act, alleging the Town discriminated against “intended future residents” for their age or disability, citing violation of the Fourteenth Amendment of the U.S. Constitution, the Americans with Disabilities Act (ADA), and the State Constitution.
According to members of the public who addressed the Town Board on Tuesday, Suffolk County and the Peconic Land Trust have expressed interest in purchasing the property for the purpose of preservation.
“The Town has no objection to the property being preserved as open space, but that is solely between the property owner and the County or Land Trust.
We have no knowledge of an offer made at this time,” a spokesperson for the Town told The Messenger.
The applicant for the proposal has argued that the Town move forward with the public hearing to identify proper zoning.
Residents descended on Town Hall at Tuesday afternoon’s board meeting to state their objections to any development on the property. As the case is being litigated in federal court, the Town is unable to speak on the matter. As of now, no court date has been set.
“The Town’s adopted code (Chapter 322 entitled “Zoning” as it relates to Special Exception Uses) recommends that assisted living facilities are not qualified for special exceptions inside residential zoning.
“The town board should be proactive and hold a public hearing to deny the application on the merits,” said a twenty-seven-year resident of St. James. “We should not leave the application in the hands of a federal court at this point. We need to protect the integrity of the comprehensive plan and character of the community.”
The resident mentioned that a nearby bowling alley would be a suitable site for the facility. Comparable assisted living facilities in the community are situated in areas that can host denser traffic, emergency vehicles, and any other activity such a service might bring to the area. Whisper Woods Assisted Living and Memory Care sits just off Route 25A across from St. Catherine’s Hospital. Conversely, Bull Run Farm sits at the corner of Mills Pond Road and the Long Island Rail Road, just south of 25A. The thin, single-lane road, wooded area, and dearth of nearby auxiliary facilities are what makes the site unsuitable for an assisted living facility, residents argue.
“This [assisted living facility] really isn’t in character in the middle of a rural community,” said Rob Rostron, a twelve-year St. James resident.
“I’d like to applaud the Town for coming up with a comprehensive plan and eliminating the special exemption, but we’re very concerned about an assisted living facility that could be approved even though it doesn’t meet the requirements,” said Stephen Oaks. “The uncertainty of having the issue decided by the courts is a real problem. An assisted living facility in this location will reduce the value of our homes, create a traffic nightmare, and exacerbate the many issues at 25A.”
Oaks also called Bull Run Farm an “ideal property for preservation.”
Another resident said that rapid development is leaving the island with “nothing,” including St. James.
“There’s not an ounce of land left,” said the resident, adding that the “greed” of the builder is “getting to” the community.
Matthew Jakubowski, the Town Attorney, was on hand to provide information to the public after the board meeting concluded.
