The links on the left are to projects on this subsite only. For all project pages, go to EMPOAweb's main home page.
Sorry layout, text coloring and links are not all right. Google changed the way Sites pages work. Fixing things will take some time.
The 3/12/11 update is at the end of the text (before the table) highlighted like this sentence.
The Oaks and Heritage Square sites, which have common ownership, are 110 acres of oak, pine and beach trees. Together they comprise the largest remaining wooded parcel in East Moriches, and provide enjoyment to all Town residents who drive by it on the Riverhead Road (CR 51).
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In December 2005, the Planning Board gave a conditional preliminary approval for a site plan for 52 single family homes on the Oaks site. The Heritage Square owners had applied for site plan approval for a 408-unit PRCHC facility; in April 2006, the Planning Board decided that an Environmental Impact Statement under SEQRA had to be prepared for the proposal to be considered. The owners did not like that decision, and sued the Town. The owners and the Town reached a settlement that was approved by the Town Board in June 2007 and "so-ordered" by a court in October 2007.
The Settlement Agreement covered both the Oaks and Heritage Square proposals. Among other things, it provided
· If the Community Preservation Fund were adopted in the November 2007 election, the Town and County (which was not a party to the Settlement Agreement) would jointly purchase the Oaks for $12.4 million and close by May 1, 2008.2008
· If the CPF was not adopted (which, of course, is what happened), the Town would have no obligation to purchase the Oaks, but it could identify an alternate funding source by December 31, 2007 and close by May 1, 2008.
On August 20, 2007, the Planning Board approved the Heritage Square site plan pursuant to the Settlement Agreement. The Town did not identify an alternate funding source by December 31, 2007, that we know of, and we have not learned of any extension of the date.
As shown by various news articles, the Town has been trying to purchase the Oaks. The Town Board authorized its purchase in May 2007, and again in April 2009. Elected officials have shown a real interest in acquiring the Oaks. They also expressed interest in acquiring Heritage Square for open space after its owners said in June 2010 that it was available.
The Oak's purchase as contemplated by the Settlement Agreement required the County's participation. The County's procedures require that property proposed for open space acquisition be appraised, and that the offer be based on the appraisal. If an owner does not accept the price offered, the County does not negotiate further on the price. Apparently, the appraisals have not yielded a price high enough to satisfy the Oak's owners. In fact, according to the Complaint, in July 2010, the Town offered to buy the Oaks for $6.7 million (¶ 43).
Pretty clearly, the parties didn't agree on the right price.
The Complaint. On September 1, the owners filed suit against the Town, claiming breach of the Settlement Agreement.
They also claimed that the Town's conduct discriminated in violation of the Fair Housing Act, the Americans with Disabilities Act, the Due Process and Equal Protection Clauses of the U.S. Constitution, etc., etc, etc. The Town's objective, they allege, was "to bar elderly, disabled and minority persons from residing in the Hamlet of East Moriches" (¶ 7) and to "appease the residents of the Hamlet of East Moriches who voraciously objected to the presence of the Heritage Square Project and its disabled and racially diverse residents" (¶ 8).
The owners seek #12.4 million and various other forms of relief, particularly on their discrimination claims.
This is a complicated situation with a long history---going back to 1989. A chronlogy of what has happened is below, with the goal of reducing some of the complexity. The documents themselves are, of course, more precise than the chronlology, and it can't, and doesn't, present all the facts. We've done out best to put it together accurately and usefully, and hope you find it so.
The documents supporting most of the entries, including the Settlement Agreement and the Complaint, are here.
Litigation Settlement and Oaks Acquisition. The Town Board approved a resolution on December 21, 2010 authorizing settlement of the litigation and acquisition of the Oaks site as open space.
The Town is to pay $6.7 million for the land and $1.73 million to settle the lawsuit. The total of $8.5 million is to be paid in 3 annual installments.
The resolution authorizing the acquisition includes a provision that one councilmember said during the hearing was unusual. It states that the Town
"shall retain and not extinguish 51 sanitary credits upon closing of title, and these credits shall be banked and sold when an appropriate use is apparent, with all revenue to be deposited in an open space fund".
The Oaks sanitary credits were once supposed to be transferred to the Hamptons Club project to allow it to near double its density, but the Hampton Club's attorney had reported that they were not longer available. For more information on the Hamptons Club, click here.
Heritage Square Acquisition as Open Space Moves Forward. Legislator Ed Romaine introduced a resolution directing that steps be taken toward the acquisition of the Heritage Square site as open space. The resolution was approved by the Environmental, Planning and Agriculture Committee on 2/28/11 (4-0, 1 absent) and by the Legislature on 3/8. The next step is for an appraisal to be done and for the price to be negotiated with the owner based on the appraisal.
To view documents with a pdf reader or in your browser, or to download documents, click here.