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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.

RPSteve June 08, 2012 at 02:14 PM
Mom and pop stores? How many of those stores that would suppposedly lose out to competition are owned by RP residents? The vast majority would have more new customers than they know what to do with. What an insulting, old fashioned fantasy land argument. A Target or Lowes creates Jobs. The only ones who would have a problem, would be Waldbaums, because a Target or Lowes would hire away their potential applicants. Waldbaums will shut down eventually anyway, location is the only thing keeping it from losing all its customers to Stop and Shop in Miller Place. How does any "Mom and Pop" store, likely run by an out of towner, with NO Rocky Point employees, help the local economy more than a Target or Lowes or similar? Bringing more shoppers into RP is a good thing for RP businesses. Are we an entire town of fools? Keep dreaming about people walking around Broadway and Main window shopping, thats really going to work in RP. Wake Up. PS... If you want the land preserved, step up to the plate and BUY IT YOURSELF and let the weeds grow. My taxes are high enough.
John June 08, 2012 at 02:17 PM
I haven't had stong oppinions on this property yet which is unusual for me but I can say a lot of folks in town have been against the big box store idea. I can also say folks do have the wrong oppionion of affordable housing. It could be made into a beautiful place for young smart people that we need to keep from leaving Long Island.
BZ June 08, 2012 at 02:20 PM
Maybe you will get your shooting range after I get my drag strip back.
RPSteve June 08, 2012 at 02:38 PM
There is plenty of affordable housing on LI. Affordable housing is a code word for Govt Subsidized housing in higher priced neighborhoods, which means your taxes go even higher to pay for it, which means it becomes even LESS affordable to buy in a nicer neighborhood on LI. It is not the raw price of a house that makes people leave Long Island, its the Taxes, high utility rates, taxes, high insurance rates, taxes and the taxes.
Matthew Lott June 08, 2012 at 02:44 PM
If one has any remote idea of how business is done in this locality, you will know it's not about what "the people" want...it's what Unions "want" and are handed over to and given carte blanche to them, by local pols in Brookhaven. In this specific instance what you are Not being told is how it was the Unions who didn't want a "big box store". It is because of the Town public employee unions that Lesko and his minions on the Town Board, are there to begin with and hold sway over every important "business decision". All of this,, notwithstanding our local school districts which also hold Tax Payer hostages to their benefits and wage packages. This is The Status Quo.
Dawn Keil Riske June 08, 2012 at 03:30 PM
Every one of these people should join the Civic Association and put their rhetoric to work!
Matthew Lott June 08, 2012 at 03:41 PM
Civic Associations are coffee clatches for Local Pols, and the "friendships" created make the ca's "rubber stamps" for The Status Quo. They are totally ineffectual for the change to the institutionalized corruption of the Town government process.
John June 08, 2012 at 03:46 PM
A book I'm reading now called "suburban nation" actually makes a big case that suburban sprawl is what creates high taxes. Long Island's taxes are so high because we have so little cluster developments. Much less than surrounding suburbs of NYC like CT, Westchester, NJ. (according to the Rauche Foundation). After all some people want to live on top of stores, some people want to live next to stores, some people want to live within walking distance of stores, some people don't want to live anywhere near stores, mixed use communities can provide something for everyone while reducing our taxes and our footprint on the earth.
Matthew Lott June 08, 2012 at 04:25 PM
John, high property taxes are due to lots of factors, for which one can, most likely, make a case, but in the end it's spending more than you have coming in, and not having an "business friendly environment", to help generate income. These Big Spenders say "development" creates what they call "rateables"...income or tax generating variables that, are supposed to, keep property taxes low. With all of the pave topping in District 2, how come the Town is having all of these "user fees" this season, allegedly than using the Fake "property tax cap" Silver Bullet ?
John Ryan June 08, 2012 at 05:27 PM
I loved that Drive In when I lived up in that area, now live in Texas and here is how we view movies at a Drive IN, completely different in the way speakers are eliminated by modern technology, use of the existing car radio and the sound is great. Please follow the link provided to learn more about this style of Drive in which happens to be an older historical operation that simply modernized and still is in business and pleasing customers and yes, many travel many miles to attend any movies shown there so it will provide the solution to a few of the comments posted. http://www.theshowboatdrivein.com/history.html Cut and paste that link in your Browser for more information or contact me with the subject line ''Drive IN'' and I will provide you with any information I can if need be..
Cathy June 08, 2012 at 05:32 PM
As far as 'affordable' housing from a renter's perspective, I would have to disagree with some of the statements made here...although I realize the current economic state we've been in, I pay less than $1300 a month for a 2-bedroom second-floor apartment in a nice neighborhood in Queens...recently, I saw an ad on craigslist LI for a *basement* apartment in a so-so LI neighborhood -- for $1500!!! how are apartment rental costs on LI on par with -- if not higher than -- city rentals? I myself am gainfully employed and college educated (born & raised on LI in PJ/RP), and would love nothing more to return back to LI to be closer to my family. Sadly, I fear that this will be harder & harder to achieve, as the cost of living has skyrocketed even more so on LI...with affordable apartments/condos built on what has certainly become an eyesore, if not a faded landmark of once was, it would perhaps allow adults such as myself to return to their hometown...
Matthew Lott June 08, 2012 at 05:43 PM
"Affordable housing" is another word for a hand out. Enough with the entitlements and hand-outs, Period ! If the average LI homeowner is having trouble keeping up with taxes and "user fees" of all kinds, an increased standard of living, and a general bad economy, "hand outs" are difficult to justify for the allegedly "eligible". Tax Payers are Tax Poor in NYS. There are no genuinely "well off", left. Everyone is Poor, these days thanks to The Regime Leader. There is No Money.
RPSteve June 08, 2012 at 06:08 PM
You rent in a home. The median property tax in Queens is 1500 per year. In Suffolk the median is 7800. Figure it out. I live in a 2 story typical home my taxes are 13000. Do the math.
Matthew Lott June 08, 2012 at 08:55 PM
First of all, especially if you read the advert in "craigslist" you can bet it's an illegal apartment, on top of what you are paying !
JC June 08, 2012 at 09:46 PM
Isn't the Petco and the new Ace in RP competing with the Mom and Pop stores, like the Hardware store near town and Brian's Aquarium? What makes them so different from the Target?
Matthew Lott June 08, 2012 at 10:03 PM
Unions. Specifically, the lack thereof.
DG June 09, 2012 at 03:48 AM
As a local resident, father of a young family and business owner who works locally but operates in a non-localized fashion, it is difficult for I and I assume many others of my generation to understand the political hang-ups voiced in the process of developing this site. The creation of this site should be filled with optimism and hope. The reality is that we do all live in the 21st century - and whether we like it or not the mall and new large retail outlets have become the new and thriving public spaces of our inner cities, our suburban areas and our exurban communities. Large scale retail does ultimately wipe out blight. Joel Garneau and a host of others have been tracking the development of the mall and retail centers since the 1980's with his famed book 'Edge Cities'. Has anyone noticed these large scale retail places going away? If they go away they ultimately have a rebirth. Has anyone noticed the blight of these new larger retail properties and their landscaping? Retail outlets are also changing, they are engaging with the community & they display and expose people to the new. They may even become a new form of mixed use and mixed community unit in our near future. I am not in retail, but it seems obvious that we would want our community to thrive and compete in this new market world. We should engage when we have a choice of who and what market and large retail is appropriate. I strongly believe that hoping and wishing for times gone by is not our reality.
Matthew Lott June 09, 2012 at 09:26 AM
This is all about Power and Money, and getting in on "The Deal". These entrenched Brookhaven Local Pols use the time proven, specially constructed and crafted rules, of the Entire Government Process here in Brookhaven, to get "what's theirs", and not get caught at it, by the people who elect them. It's proven to "pay off", and it does handsomely, and "legally". You can talk all you want, in platitudes, and the "book learning" theories, till Doomsday. This has no connection to the Reality. Once you are "in" as Game Player, you are set for Life, for all you can get away with. Even if you get caught. If Past is Prologue, you don't need any names to know who is Who, in the Game. And all of the information of what goes on, is "out there"...if, If you want to really find out and stop it.
Dog June 10, 2012 at 08:11 PM
Dog park
Matthew Lott June 10, 2012 at 08:31 PM
"Dog 15 minutes ago Dog park" The whole point, in theory, of property sales to businesses, is to generate tax dollars for the Town, and these tax dollars would, allegedly, control Tax Payer property taxes. Town Political Elites would get a "taste" of this too, in the form of "campaign contributions". Somehow....well, you understand.
Cathy June 11, 2012 at 06:21 PM
Actually, I know what the property taxes are on LI (my entire family has lived here for many decades) as well as Astoria, & it still doesn't justify $1500 a month for a basement apartment; that's all I'm saying. I'm not on welfare/Section 8 and am not looking for a hand-out, nor do I think I am entitled to anything. I'm merely suggesting it would be beneficial to many middle-aged professional single adults who are renters looking for an alternative to housing in a private home -- building cost-effective apartment units where an empty lot is seems to be worth considering to a developer...and it might even increase the property value if it were well-done to surrounding homes. I would pay $1500 to live in such a community (i.e., private gated apartment buildings, *not* Section 8 as you have suggested)! Btw, here's a breakdown of 'median taxes' for a building similar to mine in Astoria: 6 Family Astoria, NY / Annual Expenses: Taxes $9,098.00 Fuel $8,200.00 Water $4,800.00 Utilities $720.00 Annual Expenses $22,818.00
RPSteve June 11, 2012 at 11:47 PM
Cathy, I am not sure what you are missing. Your own numbers show the taxes on a 6 SIX Family home in Astoria as 9098. Divide that by 6 and you are at my median number. So the same home in Suffolk would be taxed at $46,800. The median home tax in Suffolk is FIVE times more than it is in Queens. The rest of your suggestion is just a pipe dream. You cannot simply decide to charge 1500 for a unit, the market must dictate unless you get the taxpayers to foot the bill for a subsidized rent. And it doesnt Help the surrounding neighborhood, it hurts. If you want to increase property values of a neighborhood you build LUXURY homes. By selling new homes cheaper than the market you REDUCE the value of surrounding homes.
Heather June 12, 2012 at 05:42 PM
We don't need more housing. I like the idea of a target. Very convient.
Peter Oleschuk June 21, 2012 at 04:11 PM
Quoting: “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.” Mama Pop stores on 25A Corridor like 1.Marshall's, 2.Kohl's, 3.Petco, 4.Michael's, 5.Walbaum's, 6.Stop n Shop, 7.Friendly's, 8.Rite Aid, 9.CVS, 10.soon to be Walgreen's, 11.Planet Fitness, 12.Enterprise, 13.J&R Steakhouse, 14.Carvel, 15.Seven 11, 16.Domino's Pizza, 17.Applebee's, 18.Wendy's, 19.Mc Donald's, 20.Burger King, 21.Ralph's, 22.Subway, 23.Advanced Auto Parts, 24.18 store Costello's Ace Hardware, 25.Sleepy's, 26.Dollar Stores, 27.Dollar Tree, 28.Pier One Imports, 29.Massage Envy, 30.Lemon Tree, 31.Mavis Discount Tires... and it took only a few minutes to come up with this list. Are we blessed that so many of the wealthiest business chains in our country are our local home grown businesses? LMAO! What's the charade? If this was REALLY the case, then "restraint" is about 20 years too late. Or is there another reason? Honestly... Are we supposed to believe all of this? Anyone that wants to can add the many I have missed.
Peter Oleschuk June 21, 2012 at 04:16 PM
Look at Ronkonkoma Hub Project and quotes that eminent domain can't be discounted. Eminent Domained = People's Rights Slained! Why do people hold on to "it can't happen to me" and care less about their neighbors. Until we support each other in community based planning and demand that this, a part of local law be the way, it will not end. Visit www.abcoonline.org and learn how civic leaders throughout Brookhaven work hard for all and lend your support.
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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