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Property Owner's Appeal of Rocky Point Drive-In Decision Denied

Owner's motion to appeal denied by New York State Supreme Court.

Almost three months after it was announced that the Town of Brookhaven , it was announced that an appeal by the owner has been denied by the New York State Supreme Court.

This all but ends the Town's fight to keep big box development out of the property, with the developer having last opportunity to ask the NYS Court of Appeals to hear its appeal. According to a release by the Town, the Court of Appeals "rarely grants such motions."

The town was in court battles with the developer for over 10 years as attempts to bring a Lowes and other big box stores went back and forth over that time. Now, the town is focused on developing the lot with "appropriate commercial recreational use."

“The Route 25A corridor is primarily made up of mom and pop stores that would be negatively impacted by a big box store and many local jobs would be lost," Councilwoman Jane Bonner said in a release. "Some may argue that it would create jobs, but in reality, they are low paying jobs that could not support a family during these tough economic times.”

No plans have been announced for the site, and after the litigation victory was announced in March, residents made it known they want input on what is developed.

Anything that happens at this site, and believe me we hope something happens that's productive for the community, will reflect the community sentiments," Town Supervisor Mark Lesko said at the March press conference.

Peter Oleschuk June 21, 2012 at 04:20 PM
Please Tom, I can't agree with the landfill line. Brookhaven acts like the Sprano Family. It is not the business any town should be in. That dependency if it continues will sink us financially then kill us with its contents. Both of which are already "in motion."
John Ryan July 21, 2012 at 12:54 PM
In my years I have seen ''Affordable Housing'' go from that to Section 8 housing and then centers for drug sales and criminals to inhabit, do yourself a favor and work a bit more for extra income and buy a house you can afford on your own, we all did it already so ask anyone living near where you want to live and go from there. Just noticed Matt Lott's comment below and agree with it 100%..
mmcc November 04, 2012 at 11:00 PM
or Kohls, or Waldbaums, or Michaels, or ACE ...
mmcc November 04, 2012 at 11:44 PM
Could someone please explain this decision to a simpleton like me? 1 - The Town had won the decision to keep the property zoned as recreational, 2 – the Landowner appealed to the NYS Supreme Court, 3 – the Landowner’s appeal to change the zoning is denied. Then, how is there a possibility that the landowner can build a box-store? I am obviously misreading the article. Help, please.
Andre B November 20, 2012 at 11:07 AM
Does anyone know why they put a new Drive In sign there after the hurricane knocked down the old one?

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