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Developer sues town over building plans
"The purpose of a hearing is to listen to the concerns of those who oppose the application," said Eliot F. Bloom, of Mattimore & Bloom of West Islip, who represents the plaintiffs. "Then we go in with our experts and testify as to why this is a good use of the land and present our case. By refusing to hold a hearing, the Town has deprived my clients of their property rights." The plan called for constructing a two-story building with retail space on the northeast corner of Deer Park Avenue at Old Country Road. The property owner wanted to put retail space on the south side of the first floor and a drive-thru coffee shop on the first floor north side. The second floor was to be for office space. "This is an entirely commercial area and everything around the site has already been rezoned," said Bloom. Town officials said, however, that the plan incorporated too much and that the traffic flow on the site was not good. The applicant was told that and was advised to modify the plan, but he declined to do so, they said. "What we wanted was a fair hearing on the proposal," said Bloom. "It's astounding to me that the town made a decision to deny us without even providing us with the opportunity to formally present the application."
The application would have required no zoning relief with sufficient parking on site and room to have up to seven vehicles line up at the drive through and turn around on the property before exiting on to Deer Park Avenue, said Bloom said his client had tenants already lined up for the building and is asking that the court direct the Town to consider the application and approve the rezoning request. The case was filed in State Supreme Court, Suffolk County.
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