Lawsuit: Smithtown vote that left assisted living facility proposal 'with no hope of moving forward' was discriminatory
A developer has filed a lawsuit against Smithtown in connection with a proposal to build an assisted living facility on part of this former Bull Run Farm property in St. James. Credit: Morgan Campbell
A developer who wants to build an assisted living facility in St. James and some of its “intended future residents” are suing Smithtown and several of its government officials, alleging a town board decision last year that left the project “in limbo” and “with no hope of moving forward” was discriminatory.
Filed March 13, the federal lawsuit asks the court for an injunction to stop enforcement of a law Smithtown's town board passed in April that the plaintiffs say stymied a proposal for the 97-bed assisted living facility.
The lawsuit also asks the court to require the town to issue the approvals necessary for the project and for monetary damages and attorneys' fees.
After a 2019 land purchase, Mills Pond LLC — headed by developer Frank Amicizia — proposed the construction of Whisper Mills Assisted Living on a 1.1-acre parcel that is part of the former Bull Run Farm property on Mills Pond Road.
The project needed a special exception from the town that would allow an assisted living facility in a residential district. But with such an application pending, the town board voted to amend Smithtown's zoning code and eliminate assisted living facilities as a special exception in residential districts, the lawsuit says.
The federal claim alleges town officials passed the measure “to kowtow to the community” after negative input from residents on the proposal. Some neighborhood residents said at a March 2023 community meeting they feared such a facility would bring heavy traffic, noise and other negative impacts to the area.
The lawsuit alleges the town discriminated against the “intended future residents” who “are senior, elderly and/or disabled individuals” because the law violated their rights under the Fair Housing Act, the Americans with Disabilities Act, the U.S. Constitution and the state constitution.
The town board's vote meant the project couldn't move forward unless town officials granted a change of zoning and a special exemption permit to the developers, plaintiffs' attorney Lidia Szczepanowski argued in the lawsuit.
She added that an effort for a zoning change “would be futile given the defendants’ demonstrated opposition to the assisted living use and the project.”
The developer never withdrew the application for the permit, according to town records.
Szczepanowski declined to comment on the lawsuit. Amicizia, the developer, didn't respond to requests for comment. Two named plaintiffs who were described as “intended future residents” declined to comment and four others couldn't be reached.
Nicole Garguilo, a spokeswoman for Smithtown Supervisor Ed Wehrheim, said Thursday the town is aware of the lawsuit but couldn't comment on it.
Mills Pond Group sent a letter Jan. 5 to Wehrheim and board members asking town officials to continue processing the developer's application under the zoning law that existed before the town board's April vote, and to grant the developer a hearing on its special exception application, the lawsuit stated.
The town hadn't sent Mills Pond Group a response to the letter “or a hearing date, nor has a formal rejection of the special exception application been received” as of the lawsuit's filing, according to the court paperwork.
A developer who wants to build an assisted living facility in St. James and some of its “intended future residents” are suing Smithtown and several of its government officials, alleging a town board decision last year that left the project “in limbo” and “with no hope of moving forward” was discriminatory.
Filed March 13, the federal lawsuit asks the court for an injunction to stop enforcement of a law Smithtown's town board passed in April that the plaintiffs say stymied a proposal for the 97-bed assisted living facility.
The lawsuit also asks the court to require the town to issue the approvals necessary for the project and for monetary damages and attorneys' fees.
After a 2019 land purchase, Mills Pond LLC — headed by developer Frank Amicizia — proposed the construction of Whisper Mills Assisted Living on a 1.1-acre parcel that is part of the former Bull Run Farm property on Mills Pond Road.
Smithtown court fight
A developer is suing Smithtown over a proposal for an assisted living facility that hasn't gone forward.
The federal lawsuit alleges a law the town board passed left the project “in limbo” and was discriminatory.
A Smithtown spokeswoman said the town is aware of the lawsuit but couldn't comment on it.
The project needed a special exception from the town that would allow an assisted living facility in a residential district. But with such an application pending, the town board voted to amend Smithtown's zoning code and eliminate assisted living facilities as a special exception in residential districts, the lawsuit says.
The federal claim alleges town officials passed the measure “to kowtow to the community” after negative input from residents on the proposal. Some neighborhood residents said at a March 2023 community meeting they feared such a facility would bring heavy traffic, noise and other negative impacts to the area.
The lawsuit alleges the town discriminated against the “intended future residents” who “are senior, elderly and/or disabled individuals” because the law violated their rights under the Fair Housing Act, the Americans with Disabilities Act, the U.S. Constitution and the state constitution.
The town board's vote meant the project couldn't move forward unless town officials granted a change of zoning and a special exemption permit to the developers, plaintiffs' attorney Lidia Szczepanowski argued in the lawsuit.
She added that an effort for a zoning change “would be futile given the defendants’ demonstrated opposition to the assisted living use and the project.”
The developer never withdrew the application for the permit, according to town records.
Szczepanowski declined to comment on the lawsuit. Amicizia, the developer, didn't respond to requests for comment. Two named plaintiffs who were described as “intended future residents” declined to comment and four others couldn't be reached.
Nicole Garguilo, a spokeswoman for Smithtown Supervisor Ed Wehrheim, said Thursday the town is aware of the lawsuit but couldn't comment on it.
Mills Pond Group sent a letter Jan. 5 to Wehrheim and board members asking town officials to continue processing the developer's application under the zoning law that existed before the town board's April vote, and to grant the developer a hearing on its special exception application, the lawsuit stated.
The town hadn't sent Mills Pond Group a response to the letter “or a hearing date, nor has a formal rejection of the special exception application been received” as of the lawsuit's filing, according to the court paperwork.
