Heartland Town Square project: Key hearing on fate of stalled Brentwood plan is set for this week
Joseph Fritz, of Brentwood, left, with his attorney, Josh Douglass, at the proposed site of the Heartland Town Square project last week. Fritz and others sued Islip in 2017 seeking to reverse the town's approval of the project. Credit: Barry Sloan
A lawsuit that could decide the fate of Brentwood's colossal 452-acre Heartland Town Square project is scheduled to ramp up this week, ending eight years of silence surrounding the development.
The project seeks to transform Brentwood’s former Pilgrim State Psychiatric Center into a community hub. It has been in the works since 2003 and received Islip Town Board approval in July 2017 for its first construction phase, which called for nearly 1.2 million square feet of retail and office space, as well as 3,504 apartments on 113 acres, Newsday reported.
Progress on Heartland halted in November 2017 when the Brentwood school district, lifelong Brentwood resident Joseph Fritz and the 4 Towns Civic Association sued Islip to reverse its approval. They cited environmental issues, as well as concerns about Heartland’s impact on school resources and taxpayers.
Both the lawsuit and project have been stuck in limbo ever since.
Arguments to be heard Wednesday
That nearly decadelong period of stagnation is set to end Wednesday, when a State Supreme Court judge will hear oral arguments for the first time in the case — marking the start of a process that could determine whether one of Long Island’s largest-ever projects materializes or dies before shovels hit the ground.
“We definitely believe this is a big step in the case,” said Candace Gomez, an attorney representing the Brentwood school district and civic group. “I don’t know that the judge will be ready to rule … but I do think what happens on the 15th will be important.”
Islip Town spokeswoman Caroline Smith and Heartland attorney John Wagner declined to comment, citing ongoing litigation. Developer David Wolkoff did not respond to Newsday’s request for comment.
Heartland's first phase is the only one with town approval, but town and court records show the full development could include two other phases. Combined, the three phases would include 3.2 million square feet of office space, 1 million square feet of retail space and more than 9,000 housing units.
The Heartland website forecasts the project will generate $50 million in new property tax revenue and create 25,000 permanent jobs at completion.
Fritz, the resident who is a plaintiff in the case, and his attorney Josh Douglass, have voiced environmental concerns related to the project’s water usage.
For example, in a May 2018 court filing, Douglass pointed to an Islip Town report that determined Heartland, combined with other nearby developments, could reach the 2.5-million-gallon-per-day limit that the Suffolk County Water Authority can provide to the area.
In an email to Newsday about Wednesday's hearing, Douglass wrote, “finally the wheels of justice are moving so we can protect the drinking water for all Long Islanders.”
Influx of students cited
Gomez has argued the project would overburden nearby schools by creating an influx of students.
The district estimated in its 2017 presentation that Heartland could bring up to 7,310 additional students into its schools. Heartland’s developer estimated the new enrollment figure would be less than 2,100 students, according to that presentation.
"The Brentwood school district is already at capacity in some buildings. We simply don't have the space or the resources to absorb any additional students that would be coming out of the development," Gomez told Newsday.
Wagner, Heartland’s attorney, filed a motion to dismiss the case in March 2018. Among other things, he argued the plaintiffs don’t have standing to bring the suit under state law.
Wagner and the plaintiffs' attorneys will make their case in State Supreme Court in Riverhead on Wednesday. The hearing is set for 11 a.m.
Heartland Town Square
- In the works since 2003, it seeks to transform Brentwood’s former Pilgrim State Psychiatric Center into a community hub.
- Its first construction phase received Islip Town Board approval in July 2017.
- Progress on the project halted later in 2017 when the Brentwood school district, a Brentwood resident and the 4 Towns Civic Association sued Islip to reverse its approval.
Sam Kmack covers the Town of Islip for Newsday. He is a graduate of the University of Southern California and previously worked as a city watchdog reporter in the Phoenix metro area, as well as an investigative journalist at the Arizona Center for Investigative Reporting.
My Little Pony, Furby making a comeback this holiday season NewsdayTV's Macy Egeland and Newsday family writer Beth Whitehouse have your look at the hottest toys this holiday season.
My Little Pony, Furby making a comeback this holiday season NewsdayTV's Macy Egeland and Newsday family writer Beth Whitehouse have your look at the hottest toys this holiday season.
