Town Considers Purchasing Fairview Ave Property

Smithtown Town Board's decision over whether to buy up a Fairview Avenue property could bring an end to nearly 20-year struggle between elected officials and the landowner. 

Smithtown Town Board approved a resolution to hire the services of SVS Standard Valuation Services to appraise the current market value of 10 Fairview Ave and its market value of transferrable development rights at Tuesday's meeting.

The Fairview Ave parcel is currently owned by Fairview Holdings whose principal is John Haynes, according to Town Attorney John Zollo. The property is landlocked, left with no roadway access after the MTA revoked temporary access rights given to Haynes to build a pedestrian bridge over the Long Island Railroad tracks. 

Zollo said Haynes approached the town about purchasing the property from him 8-9 months ago. 

"It was recommended by the Town Attorney rather than cut an opening through town land for him to gain access, it's useless property, we might as well take it by eminent domain," Supervisor Patrick Vecchio said.

If the town agrees to purchase the property, it would pay the market value assessed by Standard Valuation Services. Smithtown officials would then have to debate whether the land and its building would be useful to store town records or equipment, and possibly sell the transferable development rights. 

There is also the possibility town officials may consider taking the property through eminent domain, according to Vecchio. 

The 10 Fairview Avenue property has been contentious matter between the town and landowner for closer to 20 years. Zollo said the town successfully won a lawsuit against Haynes in the early 1990s forcing him to shutdown an illegal transfer station operation. The court's decision required the property to revert from industrial to residential zoning. 

Once the transfer station was closed, Zollo said the property became blighted with graffiti and trash. The town issued several summonses to Fairview Holdings for failure to maintain the property, while the owner argued he had no access to the property to maintain it - as it was left landlocked after construction over the overpass. 

Smithtown officials proffered an agreement to Haynes and Fairview holdings to allow access to 10 Fairview Ave through adjacent land owner by the town, which was allegedly rejected by the owner. 

Since then, the building and property alongside Smithtown's railroad tracks have been vacant.