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Frontier Park residents file second lawsuit against town

Elvis Jr. shows off his bicycling skills while

Elvis Jr. shows off his bicycling skills while riding up and down his street at Frontier Park, a trailer park in Amityville. (March 20, 2011) Credit: Nancy Borowick

Residents of a North Amityville mobile home park have filed their second lawsuit against Babylon Town and the developer who wants to replace their homes with apartments.

Residents who are members of Frontier Park’s civic association filed the suit against the town and developer R Squared LLC, which wants to build 500 apartments on the site of the park of more than 300 mobile homes.

The suit, filed by association attorney William Rapp, of Scarborough, takes issue with a Final Generic Environmental Impact Statement on the site prepared for R Squared by Nelson, Pope & Voorhis, LLC of Melville.

Using the affidavit of Frederick Hostrop, an environmental engineer, the suit alleges a “serious failure” on the part of the town to not demand certain “important” tests be performed as part of the statement.

The town acted “capriciously, arbitrarily and abused its discretion in ignoring” deficiencies in the report and in not requiring the developer to “explicitly address them.”

Among the deficiencies, according to the suit: failure to properly assess the impact of the development on an adjacent Superfund site; failure to adequately test the impact of the development on groundwater through test borings; and failure to collect or test for existing soil contamination.

Town spokesman Tim Ruggeri said the town does not comment on pending litigation. Katherine Heaviside, spokeswoman for New Frontier LLC, the partnership formed between R Squared and the park’s owners, could not be reached for comment.

In March, residents filed a lawsuit alleging the developer has no legal control of the property. R Squared LLC and the title insurance policy for the site identify Frontier Park Co. LLC as the property owner but, the lawsuit claims, based on Suffolk County clerk records, the actual owner is Frontier Park Co. LLP.

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