26 Year NAACP Ruland Road Lawsuit Settled

On February 18, 2014, a special meeting was held by the Huntington Town Board for the purpose of settling the 26 year battle about the fate of the Ruland Road development in Melville. The resolution to settle the lawsuit passed with a vote of 4 – 0. Newly elected Councilwoman Tracey Edwards abstained. The settlement will allow rentals to be built.

Chris Campbell the Attorney for the NAACP speaks about the settlement prior to the vote.

The proposed settlement provides that, in exchange for the withdrawal of the pending action and a complete release of all claims by the plaintiffs, the Town Board agrees to take whatever zoning steps may be necessary to allow for the construction of up to 72 one-bedroom, up to 39 two-bedroom, and up to 6 three bedroom units at the Ruland Road site. The proposed settlement also requires that the units, once constructed, will be limited equity cooperative units, affordable to persons whose incomes are between 50 – 80% of the average median income for Nassau/Suffolk. The proposed settlement requires that a portion of the units will be set aside for veterans with wartime service and handicapped individuals. All parties will be responsible for all own costs and fees, including attorney’s fees.

Honorable A. Kathleen Tomlinson,U.S.M.J., or her desIgnee, will retain jurisdiction over this matter to ensure compliance with the terms of the settlement.

Read the full resolution below:

2014-98

Resolution AUTHORIZING THE SETTLEMENT OF A LAWSUIT

(Fair Housing in Huntington Committee, et al. v. Town of Huntington, et al. v. Town of Huntington, et al., , EDNY Index No. ll-CV-1298)

Resolution for Special Town Board Meeting Dated: February 18,2014

The following resolution was offered by

and seconded by

WHEREAS,  the Fair Housing in Huntington Committee, Inc., et al, filed an action in the

United States District Court for the Eastern District of New York against the Town of

Huntington, the Town Board of the Town of Huntington and the Town of Huntington

Planning  Board; and

WHEREAS,  the Town, the Town Board and the Planning Board denied the substantive

Allegations in the federal court action; and

WHEREAS, the remaining Plaintiffs, Huntington Branch, NAACP, Athena Hawkins,

Lynda John, Ian John,  Jasmine Curtis, Shavonda Belton, and Serena Camardi and the

Town of Huntington, Town Board of the Town of Huntington and the Town of

Huntington Planning Board have now reached a proposed settlement resolving all the

claims in the action; and

WHEREAS,  the proposed settlement provides that, in exchange for the withdrawal of the

pending action and a complete release of all claims by the plaintiffs, the Town Board

agrees to take whatever zoning steps, if any, may be necessary to allow for the

construction of up to 72 one-bedroom, up to 39 two-bedroom, and up to 6 three bedroom

units at the Ruland Road site; and

WHEREAS, the proposed settlement also requires that the units, once constructed, will

be limited equity cooperative units, affordable in perpetuity to persons whose incomes

are between 50 – 80% of the average median income for Nassau/Suffolk; and

 

WHEREAS, the proposed settlement further requires that a portion of the units will be set

aside for honorably discharged or released veterans with wartime service and

handicapped individuals; and

WHEREAS, the proposed settlement further requires that the Planning Board agree to an

expedited review of any amended site plans that may be submitted by the developer in

furtherance of the 117 Limited equity cooperative plan described above; and

WHEREAS, the proposed settlement further provides that the parties will be responsible

Or ell own costs and fees, including attorney’s fees; and

 

WHEREAS, the parties will request  that the Honorable A. Kathleen Tomlinson,

U.S.M.J., or her desIgnee,  retain jurisdiction over this matter to ensure compliance with

the terms of the settlement; and

WHEREAS, this proposed settlement is subject to the approval of the Planning Board;

WHEREAS,  the settlement of this lawsuit is not an action as defined by 6 N.Y.C.R.R.

617.5 (C) (20), and therefore no further SEQRA review is required.

NOW THEREFORE, THE TOWN BOARD

HEREBY AUTHORIZES the settlement of this action under the terms set forth above

and pending receipt of settlement papers, therein,  and upon such other terms and

conditions as may be acceptable to the Town Attorney, to execute or cause there to be

executed all documents required to effectuate this settlement.

Supervisor Frank P. Petrone

Councilman Mark A. Cuthbertson

Councilwoman Susan A. Berland

Councilman Eugene Cook

Council woman Tracey A. Edwards

THE RESOLUTION WAS THEREUPON DECLARED DULY ADOPTED