Five Story Apartment Controversy Roils Huntington Elections

By Leader Staff

A 45 foot high, five-story apartment construction at 580 New York Avenue in Downtown Huntington has generated election controversy, as the current Town Code only allows for 2 1/2 stories and a maximum of 38 feet.

Incumbent Huntington Supervisor Ed Smyth (R-Halesite) approved the construction by his Building Department, claiming that a 9-year-old expired building permit - issued in 2016 when the Town Code was different - allows for the much larger construction.

The controversy has entered this year's elections, as Democratic Town Board candidate Jen Hebert (D-Huntington) challenged the legality of approving what is clearly not legal under the current 2020 amendments to the Town Code.

"The current town code says that mixed use buildings can be a maximum of 2 1/2 stories; this one is five stories," stated Hebert in a posted video.

"That same code says that there is a maximum height of 38 feet for a building in town, to keep the charm and historic quality of our town: this building is 45 feet," added Hebert.

Hebert also pointed out the new construction's lack of adequate parking.

"Parking is also a problem: The code says that all parking must be on site: there are eight (8) apartments - but only six (6) parking places." added Hebert.

Huntington zoning has a requirement of 1.5 parking spaces per one bedroom apartment - meaning there should be a minimum of 12 parking spaces on site, not six.  

Smyth pointed fingers, blaming the administration of former Supervisor Frank Petrone - who left office in 2017 - for having granted a building permit back in 2016. Smyth claimed he had "no choice" but to re-grant the high-density apartment development.

Town building permits have a life of only 12 months - after which they expire, and must be re-filed and renewed.

Smyth also claimed that the obviously five-story building is really "only 2/12 stories" - claiming that the middle floors are just "balconies..."

Smyth received nearly $1 million from the builders and apartment developers lobbyists during this year's Republican primary elections.