Town Considers Acquisition of Huntington Station Properties Via Eminent Domain

The owner of a piece of property at Lowndes and New York avenues, which the town is in the process of obtaining via eminent domain, said the state already took a large part of the property years ago to widen the road, work that was never done.

"Here we go again," John Marcinka said at a public hearing May 4. "Forty-some odd years ago it was the state Department of Transportation conducting hearings to acquire our property by eminent domain. Well, the state took the front half of our property. The purpose then was to widen and change the dangerous curve of New York Avenue. The projected roadway was going to go through the middle of my grandfather's house. All the state accomplished then was to tear down the quaint little town of Huntington Station. The road remains just the same as it did before the state's acquisition. But now the town wants to take what is left of our property and supposedly create a park. A park that could act as a façade to what lurks behind on the streets: muggings, shootings, drug dealing and gun activities."

The public hearing to consider the acquisition of Marcinka's .33-acre parcel as well as .11-acre piece owned by  Charles Doxey in Huntington Station by eminent domain brought out both proponents and opponents of the proposal.  

At the Town Board's February meeting, it approved a resolution to authorize the Long Island Community Agriculture Network to develop a community garden at Gateway Park on that corner.

Community members had called for the removal of the trees there following a shooting during which the alleged gunman hid in the woods and shot out towards a nearby convenience store.

The two privately owned undeveloped pieces of undeveloped land are directly in the middle of several parcels owned by the Town of Huntington and New York State. Acquiring them would create one large rectangular parcel.

Neither Doxey nor Marcinka were willing to sell their property for what the town was offering and the state will not turn over its property if it will box in private owners, hence the eminent domain proceedings.

Assistant Town Attorney John McCarron, Coordinator of Open Space Margo Myles, and Huntington Station Business Improvement District and Economic Development Corporation board member Ken Christensen and said they support the acquisition.

"We believe the proposed use will benefit the residents," McCarron said. "As the parcels exist now, they are undeveloped, often used for dumping of debris and we believe the proposed use will benefit the residents of the community as a whole."

Marcinka, who said the town had made an offer to purchase the property that he rejected, didn't hide his frustration.  

He said that he doesn't have a problem with the park or community garden per se but does not feel this is the best use of the property.

"With all the gang activity at the park, don't you think the gangs will take up residence at the park and make it in to their headquarters? The town should seize this opportunity to acquire the land for owner-occupied affordable housing. The fact that the houses could hook up to the sewer line on New York Avenue having less of an environmental impact on our groundwater makes this the perfect location."

Marcinka also said the town did not follow the proper procedure in notifying him about the public hearing.

"I would like to object to the legitimacy of this hearing because when you take a look at the New York eminent domain procedure law, section 202, paragraph "C" it says that such notice shall be served at least 10 days but no more than 30 days prior to this public hearing.  I was hand-delivered this letter Saturday, which did not afford me time to have my attorney present with me today. "

Others objected for different reasons.

Environmental activist Daniel Karpen said that he objected to the fact the town destroyed the trees without a proper environmental review.

 Supervisor Petrone said that the public hearing was not related to that issue.

"This is the hearing for the condemnation proceedings," Supervisor Petrone said.

Karpen disagreed vehemently leading Petrone to tell him he was out of order.

"The environmental review has to be done prior to the condemnation hearing," Karpen yelled. "You know that. I know that. That's the law. Frank!"

Nancy Ganby, a member of the Conservative Society for Action, said that per the U.S. Constitution, eminent domain is to be used to create roadways not parks.

"We are entering a dangerous situation if we are going to take away somebody's property against their will for a park," Ganby said. "I know the idea of a park is to benefit that community that is in terrible shape, but the park isn't the first thing they need. And for us to give up our property, where does it go from here? That you can take any property you want away from people, at will, for a park?"

The board did not comment.