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Commissioner: Stony Brook Downtown Project Won't Involve Eminent Domain

A letter from Brookhaven's planning commissioner says the use of eminent domain wouldn't be appropriate in the safety and beautification project.

As Three Village business leaders questioned the Town of Brookhaven's early handling of the the question arose of whether eminent domain would be invoked in the process. But at least one official has said that won't be the case.

In a letter to Assemb. Steve Englebright dated Oct. 10, Brookhaven planning commissioner Tullio Bertoli wrote: "I can with great certainty indicate that not only will eminent domain not be necessary but that it is also not appropriate, warranted or required in this project.

In the letter, Bertoli also wrote: "Eminent domain, if it is used in land use plans, generally is applied in those instances where blight has affected an area. That is not the case in the Stony Brook project."

Englebright, who read Bertoli's letter at Wednesday's Three Village Chamber of Commerce meeting, said it was time to "take a deep breath."

"Whether something comes out of it at all will depend on our ability to understand that this is a plan to make a plan, and not a plan to react to in terms of its details, because there are no details," Englebright said.

Eminent domain has been a sensitive issue in the community since New York State in 2005 condemned 245.5 acres of land owned by Gyrodyne Co. of America at its Flowerfield site so that it could build Stony Brook University's Center of Excellence in Wireless and Information Technology and Advanced Energy Resource and Technology Center. New York paid the company $26.3 million and would later lose a lawsuit filed by Gyrodyne claiming that the state had greatly undervalued the property they annexed. Earlier this year, the state paid Gyrodyne $167.5 million to settle the suit.

At the meeting on Wednesday, Gloria Rocchio, president of Eagle Realty Holdings, said other business owners in the area may not receive the idea of redevelopment warmly. Rocchio said: "I talked to a couple of people and they said, 'Well we don’t want to sell our shops, we don’t want to sell our businesses. The only way they’re going to take it is eminent domain.'"

The discussion on Wednesday focused on the Chamber's request to the Town to retract its request for qualifications (RFQ) for a consultant to lead the planning and communication process, for which submissions are due Oct. 25. "The current action is moving too quickly to allow proper input from the many Three Village residents, businesses and individuals that would be affected," Chamber president Michael Ardolino wrote in a letter addressed to town officials.

Bertoli, along with town councilman Steve Fiore-Rosenfeld, told The Village Times Herald this week that the RFQ would remain open but that no decisions would be made regarding the idea of redevelopment until after a new town supervisor is elected on Nov. 6.

The project was originally introduced to the community in August by then-supervisor Mark Lesko, who stepped down in September to lead Accelerate Long Island.

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Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors. Write a new post... What's up? Make an announcement, speak your mind, or sell something
Christine Sampson (Editor) May 20, 2013 at 06:35 pm
Hi C., please send me a note at christines@patch.com and I will answer your question.
mary ann May 21, 2013 at 10:26 am
What a wonderful, thoughtful and giving thing to do for our soldiers!!! I applaud you all. You areRead More terrific!!! God bless.
Public Notice
Sycamore Senior May 19, 2013 at 12:38 pm
So, essentially that first residential home is being written off as the price of doing business.Read More There goes that property value. Other than as a professional residence, who would want to live by a driveway for that traffic? As for the entrance Village Automotive, that will bring even more traffic to an already busy intersection nearby. 25A is impassable/impossible in that area for large chunks of the day now.
K. B. May 19, 2013 at 08:16 am
The rezoning is for the acres of undeveloped residential land across from Ann Maries Farm stand,Read More extending down to the wooded area on 25A. A one way entrance would be placed by Village Automotive and a one way exit would come out on N. Country Rd. adjacent to the first residential house.
Public Notice
K. B. May 19, 2013 at 08:15 am
The rezoning is for the acres of undeveloped residential land across from Ann Maries Farm stand,Read More extending down to the wooded area on 25A. A one way entrance would be placed by Village Automotive and a one way exit would come out on N. Country Rd. adjacent to the first residential house.
jeanne austin May 19, 2013 at 07:01 am
Can you tell us where this property is? An address or street name?
justme May 19, 2013 at 05:45 pm
I the BOE and Union didn't allow the majority of the budget be spent on benefits and salaries maybeRead More there would be money left for supplies. With declining enrollment and cuts to programs for our kids they only ones making out are teachers and staff with too generous salaries and benefits. Vote no on Tuesday!
EG May 18, 2013 at 11:00 pm
Seriously? We are asked to send in enough supplies per kid each year to supply 5 kids. Where does itRead More all go? It gets lost, thrown out, or ends up back in the students home via backpack. The problem is not the lack of supplies, but a lack of personal responsibility. But if we send in enough supplies each year for ten or fifteen students, then we might be able to avoid the underlying problem.
Joe Monopoli May 16, 2013 at 09:53 am
Giveaways, Snacks, Refreshments, Activities for kids, and No cost to attend.
mneary May 16, 2013 at 08:49 pm
everyone should research what all the school administrators are raking in and the multple levels ofRead More staff that exists at TVCSD. It is beyond reasonable to have salaries at that level and multiple administrators and assistants and directors and assistant directors and chairman etc. Teachers earn their fair share!
Reality Check May 15, 2013 at 08:01 pm
Last year we lost 20 staff...this year we are losing over 50 meanwhile the remaining staff isRead More getting a 6% raise...the UNION is eating itself and ruining our school and the BOE is not dealing with the situation..the benefits are up nearly 13% this year...what do you think will happen next year? Another 60,70,80 to be laid off? My vote is NO!!!!
prof mom May 15, 2013 at 10:05 am
I will be giving my "YES" vote next week.