Judge denies Jericho residents' request to intervene in homeless shelter case

                                                                         

 

Jericho residents opposed to housing 80 homeless families in the former Hampton Inn in Jericho have lost their legal attempt to join Oyster Bay Town's lawsuit against the project.

Nassau Supreme Court Justice Arthur Diamond today denied their requested to intervene in the town lawsuit, which demands the owner of the former hotel, 120 Westend Ltd., comply with all town building and zoning codes before allowing families to move in. 

The nonprofit Community Housing Innovations plans to use the three-story building on Jericho Turnpike as six to eight month transitional shelter for families who are expected to be eventually moved into permanent housing.

The town won a temporary restraining order against the new owner last month

A group of about 300 Jericho residents, called Concerned Jericho Parents, had filed a motion to join the suit. They are represented by former Republican State Sen. Jack Martins.

One of the members, Jennifer Vartanov, describing herself as a resident and taxpayer in Oyster Bay, said in an affadavit last month,  that her group "substantial concerns" about the homeless project "but have not been afforded an opportunity to engage in any public hearing or comment to voiced their concerns."

She added, "Although the Concerned parents agree with the town's position, the Concerned Parent's interests are not fully represented in the lawsuit and the Concerned Parents offer a distinct perspective which should be considered by the court in addressing this matter on the merits."

But Diamond ruled that the parents appear adequately represented by the town and will have an opportunity to be heard at a town zoning hearing for the use of the former Hampton Inn as transitional housing--if the town wins the right to hold a hearing.

Westend maintains that the town zoning code does not apply to the proposed shelter.

Howard Avrutine, Westend's Lawyer, argued in legal papers that the town does not have authority to even bring the lawsuit. 

"Regulation of Defendant's operation under local laws such as those set forth by (the town) is preempted by New York State law, thus making Defendant (Westend) immune to and from the application of such local laws," he wrote.

Waiting to see if Diamond issues a longer decision.


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