In addition to the Town’s victory in the lawsuit over Bull Run Farm, another case was dismissed in a separate lawsuit regarding the Gyrodyne property.
Two years ago, the Town approved the subdivision of the Gyrodyne site in St. James. The owner of the former defense contracting property sought to subdivide the seventy-five-acre site into eight lots for offices, a hotel, and an assisted living facility.
Like the Bull Run Farm proposal, where Mills Pond Group, LLC, sought to put an assisted living facility on a historic property, residents quickly voiced their opposition to the subdivisions. Concerns were similar, with traffic, overdevelopment, and community character preservation.
The Article 78 petition was dismissed in its entirety. The court ruled that the Town Planning Board “properly assessed the environmental impacts associated with the subdivision and took all reasonable measures to mitigate potential adverse effects,” according to a spokesperson for the Town. The ruling finds that the Planning Board “took the hard look” required by law and that the property’s approval process met the necessary standard. The petition was denied with the court’s determination that the arguments presented were either without merit or unnecessary for consideration.
The Town Attorney’s office regularly works in conjunction with the Town’s building and planning experts to ensure that administrative decisions are within the scope of the law. The Town emphasizes that legal decisions cannot be based on public opinion, as public support or opposition is not a benchmark for legal consideration.
“While many of us share the desire to preserve as much open space as possible within our community, it’s important to recognize that the Gyrodyne property is privately owned. However, the board members of Gyrodyne have long-standing ties to the area, and we trust they will engage with the community to strike a balance between their subdivision plans and the interests of the residents. We look forward to future discussions that can foster a collaborative path forward,” said the Town. “We remain committed to transparency and fairness in all land use matters and will continue to follow the legal framework that protects both property rights and the interests of our community.”
Gyrodyne Lawsuit Dismissed
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