Heritage Square

For earlier information, including plans, go to http://groups.google.com/group/EMPOA/web/heritage-square-proposal.

See Update 4/17/10, below.

EMPOA appealed on the ground that the 4/3/08 decision of the Supreme Court permitting the project to go forward without an environmental impact statement should be reversed.  The Appellate Division affirmed the lower court's decision.

In response to a reporter's question, EMPOA's Board made the following statement:

We believe that the decision reflects a breakdown in the procedures in connection with land use proposals.  They should provide meaningful information to residents on land use proposals and alternatives, and should inform Town authorities on environmental impacts--ranging broadly from wildlife to school taxes--so the impacts can be reduced through sound planning.  Public officials making land use decisions without all relevant information and without informed public input is something we oppose.

What we asked to accomplish these purposes was that an environmental impact statement (EIS) be prepared on the Heritage Square project in accordance with the State Environmental Quality Review Act SEQRA.  The Planning Board agreed with us in its April 3, 2006 decision.

Without a further public hearing, on August 20, 2007, the Planning Board reversed its earlier decision and decided that a EIS was not necessary by issuing a "neg dec".  This was the decision the litigation was about.  We find it difficult to understand how the Planning Board can be said to have identified relevant areas of environmental concern and took a hard look at them when it came to two contrary conclusions in doing so.

EMPOA's Board is waiting for advice from its attorney before reaching a final decision on what to do next regarding this project.  However, since the developer has yet to get a license from the State Department of Health as required under the Town's Zoning Code for using this property--and may never be able to given the plans that have been disclosed--Board members question how a building permit could properly be issued.

More generally, we continue to believe that EIS's should be prepared on major land use projects so both residents and responsible Town boards will have information regarding environmental impacts of proposals and their alternatives and can come to reasoned and reasonable positions.

4/17/10 Update

At EMPOA's general meeting on April 7, 2010, Councilman Dan Panico reported that the owners' of Heritage Square have expressed interest in their property's being acquired as open space.  The Councilman indicated that the Town is interested in working on an acquisition.  It has since been reported that Legislator Romaine is expected to submit a resolution to the County Legislature to start the acquisition process at the County level.