Smithtown Town Board
Smithtown, NY 11787
Regular Night Meeting
www.smithtownny.gov
~MINUTES ~
Vincent Puleo
(631) 360-7620
Final
Thursday, January 24, 2013
7:00 PM
Eugene A. Cannataro Senior Citizen Center
CALL TO ORDER
The regular meeting of the Town Board of the Town of Smithtown was held at the Eugene A.
Cannataro Senior Citizen Center, 420 Middle Country Road, Smithtown, New York on the 24th
day of January, 2013 at 7:00 P.M.
Attendee Name
Patrick Vecchio
Thomas McCarthy
Edward Wehrheim
Robert Creighton
Kevin Malloy
John Zollo
Vincent Puleo
Frank DeRubeis
Title
Supervisor
Councilman
Councilman
Councilman
Councilman
Town Attorney
Town Clerk
Planning Director
Status
Present
Absent
Present
Present
Present
Present
Present
Present
Arrived
7:00 PM
7:00 PM
7:00 PM
7:00 PM
7:00 PM
7:00 PM
7:00 PM
PUBLIC HEARINGS
(RES-2013-66)
The Town Clerk presented a public notice advertising that on the 24th day of January, 2013 a
public hearing would be held at the Eugene A. Cannataro Senior Citizen Center, 420 Middle
Country Road, Smithtown, New York at 7:00 P.M., to consider Zoning Petition #2011-10 as
submitted by Anthony Leteri for a change of zone from R-21 to WSI on property located on the
west side of Lawrence Road, 917.21 feet north of Old Northport Road, Kings Park, NY, SCTM
#0800-44-2-7 p/o 44-2-6.
The Clerk further informed the Board that said public notice was properly advertised and that
affidavits of publication and posting were executed and filed.
FREDERICK EISENBUD, ESQ., 6165 JERICHO TURNPIKE, COMMACK, NY,
ATTORNEY FOR THE APPLICANT: Good evening, my name is Fred Eisenbud, I’m the
Attorney for Tony Leteri who is the applicant and we’d like to just outline where we’re going
with this and give a little bit of an introduction before the witnesses begin. This is to change
about a little under 4.6 acre parcel in Kings Park on Lawrence Road, from R-21 to WSI and the
speakers that we’re going to have, Steve Cataldo who is the project architect, hopefully they will
get here, we’re going to have two brokers, Leo Farrell and Robert Desmond speak to you
because we think it’s important because we’re proposing the use as WSI in an area other than
were it normally is along an arterial highway, to explain at least from a Real Estate Broker’s
prospective why it’s important and lastly, I will address SEQRA issues as well as the impact of
the study which is being done for the Town Board on the hundred and twenty six acres and the
proposed possible new zoning for the entire area including the parcel which is before you.
Before I introduce Mr. Cataldo though, just a few words about the applicant, I know you know
him well but Tony Leteri is somebody who has been a close friend and…
SUPERVISOR VECCHIO: Mr. Eisenbud, why don’t we just stick to the hearing?
FREDERICK EISENBUD, ESQ.: Alright.
SUPERVISOR VECCHIO: Okay?
FREDERICK EISENBUD, ESQ.:
important.
Smithtown Town Board
I think the character of the person who’s applying is
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SUPERVISOR VECCHO: Okay.
FREDERICK EISENBUD, ESQ.: And he has spent his twenty five years trying to improve the
Town of Smithtown where he lives in the Kings Park area.
SUPERVISOR VECCHIO: We’re talking about a land use change here, okay.
FREDERICK EISENBUD, ESQ.: Yes, we are and before we, I get to the SEQRA at the end, I
want to tell you that consistent with the way Mr. Leteri deals with everything that he does, which
is try to improve the community, we reviewed the uses that would be allowed by the WSI zoning
if you granted the application that is before you and Mr. Leteri concluded that some of them are
probably not consistent with the area where he proposes this use and others he believes probably
should not be allowed simply because there are existing uses and he doesn’t want to compete
with them in Kings Park. So, what we are proposing is that, this is an unlisted action and you
can either do this as a condition in Negative Declaration or treat this as a change in the
application but Mr. Leteri is offering the following: he would file, if this is approved, a covenant
and restriction which would bar the use of this 4.6 acres a little less, for any of the following uses
which are otherwise allowed as of right in the WSI zoning. He would not allow adult
entertainment, he would not allow a tavern, bar or inn because the idea of people congregating in
so close residential is not a good one. He would not allow a printing plant of more than four
thousand square feet because of the potential contaminants that could arise from that or coin
operated machines which I take to mean not just laundries but also amusement parks where you
have video games and the like which could cause a lot of young people to congregate. So, he
would file covenants and restrictions which would bar those uses and in addition, because he has
no desire to cause unnecessary competition, he wants to help the economy in Kings Park and not
to hurt it, he would also include in his covenants and restrictions a prohibition against the use of
the property for a funeral home or a restaurant. So, when we get to the SEQRA discussion that
becomes important because none of those uses can be on this property if he files the covenants
and restrictions, and as we indicated, perhaps a condition of a condition that conditional Negative
Declaration with SEQRA would be one way to achieve that but there are many ways to do it.
With that in mind, I would like to introduce the project architect, Steven Cataldo.
STEVEN CATALDO, AIA, 14 KARL AVENUE, SMITHTOWN: Mr. Supervisor, members of
the Board, my name is Steve Cataldo, the architect for the project. This project site is located
roughly nine hundred feet north of Old Northport Road and Lawrence Road. The project site is
pretty much surrounded by industrial uses, if you look at your aerial photograph (WHEREUPON
MR. CATALDO REFERS TO DISPLAY) you’ll see that most of the uses to the north are really
heavy industry uses located in either residential zone or light industry zone and I think there’s
been enough talk around town that a lot of these uses really are not consistent with current
zoning. The board that I have up here now is an illustration of essentially buffer zones
(WHEREUPON MR. CATALDO REFERS TO DISPLAY) surrounding the subject property.
As you can see these green areas here and here, are an indication of how much buffer there is
permanently around the site. The areas across Lawrence are typically three to four hundred feet
from any residence, the buffer zone itself is in the neighborhood of two to three hundred feet.
On the aerial that would be over here and then across Old Northport Road, the closest residence
property is approximately eight hundred feet from the subject property. So, the distance to any
residences is significant. I think it’s also pretty much acknowledged that the parcel will never be
used for any residential purpose being surrounded by industry, I don’t think anybody would ever
want to live there let alone, deal with the structural aspects of filling the property and have to pay
for that. The request is to rezone the property to WSI and we’ve pretty much acknowledged that
WSI was intended to be placed along arterial highways, however, if you look at the zones that
currently exist along Jericho Turnpike, what is normally referred to as “car dealer row”, on this
illustration, the light blue reflects light industry zoning and the pink reflects WSI zoning. So,
you can see that the zones WSI and LI have been mixed historically within the town without any
ill effects. So, we bring that up because we’re asking for a WSI zone in an area surrounded by
LI. Are there any other, any questions?
SUPERVISOR VECCHIO: No, we’ll ask the public, does anybody wish to be heard on this?
FREDERICK EISENBUD, ESQ.: I think we have some more of our presentation tonight.
SUPERVISOR VECCHIO: Well, Mr. Eisenbud, I’ll hear from those folks you can bring your
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witnesses up later. Yes, sir? Did you want to be heard, Sir? You raised your hand.
FREDERICK EISENBUD, ESQ.: We have our witnesses.
SUPERVISOR VECCHIO: Come up, Sir. We need your name and address for the record.
ANTHONY INZERILLO, 8 TERRI DRIVE, KINGS PARK: Sure, my name is Anthony
Inzerillo, I live at 8 Terri Drive in Kings Park. First, I have to say good evening to the Board
members and I have been a proud resident of Kings Park for over ten years and I live there with
my wife and with my wonderful three children. I’d like to strongly urge the Town Board to deny
the zoning petition 2011-10. I believe that this zoning change will negatively impact our
community. It’s going to create more traffic, more noise, increase health risks to our families. It
will be poor curb appeal and there will be possibly other unintended negative affects. I don’t
know what this gentleman, the type of zoning that he referred to some of the local community
but I do know that I bike ride with my children past there, I jog and run there with my family and
I’m very concerned along with my neighbors on Terri Drive, Tony Drive, Tammi Court,
Springbriar, Enchanted Forest and the other members of Kings Park who are very concerned
about this and I have to strongly urge you to please be our voice, do the right thing and please
deny this zoning request. Thank you very much.
APPLAUSE
SUPERVISOR VECCHIO: Mr. Eisenbud you can bring up your witnesses.
FREDERICK EISENBUD, ESQ.: Thank you. If we may, we have two witnesses here now.
We are asking you to put WSI in a place other than along arterial areas and we would like to
have two brokers briefly address you as to why it’s important to allow it in this location. The
first one, Bob Desmond.
ROBERT DESMOND, PRESIDENT OF AIRCO REAL ESTATE: Good evening, my name is
Bob Desmond, I am the President of Airco Real Estate, we’re an industrial and commercial real
estate company and my company was formed in 1987 and we specialize in industrial and
commercial real estate. This particular piece of property, you know, as a local real estate guy on
Long Island, we find a lot of companies come to us looking, especially a lot of small companies,
people that live in the north shore community such as Kings Park, Fort Salonga, Centerport, all
the surrounding areas, and small business people that have a need for some outside storage, can’t
seem to find that type of location and we always seem to take them outside of Smithtown, and
Kings Park obviously and I think this is a good opportunity for these small business to, and small
businesses I mean like a plumbing supply house, HVAC companies, sprinkler companies, they
have a need for some office and some warehouse and the need for outside storage and this
outside storage doesn’t exist other than along Middle Country Road and those pieces of property
are just too expensive for the local business guy. A small business company, a small guy in
business is not going to pay the prices to be up on Middle Country Road and I think we need to
keep these people in the community, these people are going to pay taxes, they’re going to bring
jobs to the area, obviously support the downtown area, they got to have a place to eat lunch and
so forth and, you know, I think the need to have this small property for outside storage, you
know, any large piece of property they’re not going to be able to afford, a small business guy is
not going to afford that, but if we could get something on a half acre it’s going to be affordable
for many, many of these type of companies I’m speaking about and I think this would be a
perfect spot for them and I’ll just pass this onto Leo Farrell, thank you very much for your time.
LEO FARRELL, MANAGING PARTNER OF CORPORATE REALTY SERVICES,
HAUPPAUGE: Leo Farrell, Managing Partner of Corporate Realty Services in Hauppauge and I
just agree with everything Bob just said. Specifically, I mean, right now the LI code, you have to
buy two acres of land to build a small building for a family business and so forth, the WSI
zoning would allow for two acres of LI in the Town of Smithtown now, if you can find it, it’s
going to run, you know, eight hundred thousand, maybe up to a million dollars whereas, a half
acre of WSI off Jericho might be two hundred fifty thousand, so it would be more affordable to
the small business owner to keep them in the Town of Smithtown. I mean, I work with
customers from Smithtown and the surrounding area and I’m all the way up to Islip by the
airport, out to Brookhaven and there’s not really a place in Smithtown to go. So, I just wanted to
put that on the record, thank you very much.
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FREDERICK EISENBUD, ESQ.: Anybody have any questions for us?
NO RESPONSE
FREDERICK EISENBUD, ESQ.: Counselor, I think it’s important that when we use the term
“LI”, “WSI”, that the folks out here know what we’re talking about when we talk about the
change from Light Industry and Wholesale Service Industry.
FREDERICK EISENBUD, ESQ.: The LI, I’m sorry the, right now the property, this is the
property (WHEREUPON MR. EISENBUD REFERS TO DISPLAY) this is the property that’s
under consideration, this is Lawrence Road, this is Old Northport. It’s zoned R-21 which means
that it’s half acre residential zoning but this is the existing property all around it. This is LI, this
is LI, this is LI and LI is Light Industrial which basically means you have to have a minimum of
eighty thousand square feet, two acres, and there’s a whole host of industrial uses which are
allowed on that property but not outdoor storage. So, a small business, for example, a plumber
who needs to store his pipes or something wants to just leave it by itself, you can’t do that under
LI. Am I blocking this? So, the advantage of the WSI is that it’s only half acre zoning and
you’re allowed to have outdoor storage and this would accommodate the small business person
who can’t afford to buy property. It is zoned WSI along Jericho Turnpike but it’s so expensive
that they can’t buy it, so they have to go out of the Town of Smithtown. Now, the proposal we
make, while it sounds, you know, terrible to change residential to, to an industrial use, the reality
is that it’s surrounded by industrial uses right now. The entire area, if you’ll recall the aerial, is
basically if you go to the hundred acres or so that are behind it, it’s all dug out sand mines, there
is nothing there that’s attractive at all. The property under consideration is being used for
storage of trucks and large cement blocks and things like that, there’s no, there’s no landscaping,
there’s nothing that’s going to make it attractive to people going by. I can appreciate the
gentleman who said he likes to be able to ride his bike in that area, but the reality is you can’t
stop property from being developed and it would be much more attractive if it was developed
and it has landscaping in accord with the Town Code. So, that’s what we’re proposing is to
make this not LI, because that would mean you’d have to have two acres and that just defeats the
purpose of trying to help the small business person to stay in the Town of Smithtown and you
can’t have outdoor storage, that’s why we want the WSI.
UNIDENTIFIED VOICE SPEAKING OUT
SUPERVISOR VECCHIO: No, you can’t do that, we keep this on record so you can ask a
question later if you want. Alright, let’s get to the heart of it. You keep using the words
“arterial” “Jericho Turnpike”, for those in the audience, if you go up this part of Jericho Turnpike
are car dealerships and they comply with outside storage or plumbing supply stores. That’s what
Wholesale Service Industry defines and that’s what you’ll want to do in this location because
WSI allows storage, are we clear there?
FREDERICK EISENBUD, ESQ.: Yes, although some uses like car dealerships simply aren’t
going to happen because nobody is going to put one where nobody drives by. The uses are going
to be for small businessmen, that’s the intent and they’re going to be uses which are, are
essentially green, they’re going to generate tax dollars, there’s not going to be any impact
whatsoever on the schools because there won’t be any kids. So, there are definite advantages to
what we are proposing. Now, we understand that the Board has before it a proposal by the
Baldassano Architecture firm to change 126.4 acres to a new zoning called industrial, what is it,
storage. So, and there are a couple of problems that we have, one is that this application has
been pending for a year and a half and if we have to wait for this proposal to be considered, it’s
probably going to be another year and a half and there’s a recommendation that there be an
environmental impact study to look at the impact on this whole hundred and twenty six acres,
well, that may be something the town needs to do but it’s not something Mr. Leteri should have
to do because of this 4.6 acre project. He is going to, if this is granted, I have no doubt that this
residentially zoned property will become industrial of some sort in the future, that’s a given.
You’re not going to have residential houses between industrial projects, but that’s it. It’s a long,
Lawrence Road, there are a hundred and twenty acres behind that which can be subject of your
new zoning and there’s nothing about granting this approval here along Lawrence Road which is
to impact everything else to the rear. So, it’s not going to require you to change everything else
to WSI, you can consider whatever you want to do for everything else. We’re not segmenting
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here, the reality is this is completely separate from what is behind it, you can do whatever you
want behind it, study it all you like but Mr. Leteri shouldn’t have to pay for an environmental
impact study or what happens to a hundred and twenty acres behind him, this has nothing to do
with his project.
COUNCILMAN WEHRHEIM: Counselor, excuse me, I have a question.
FREDERICK EISENBUD, ESQ.: Sure.
COUNCILMAN WEHRHEIM: When you keep referencing the project, some of your witnesses
came up about segmenting that parcel for small business, is there any specific project that we’re
looking at that the applicant intends to put on this parcel?
FREDERICK EISENBUD, ESQ.: There isn’t because until he gets the zoning approved, he
can’t even start looking for tenants. He has no idea who might be interested, so we have to see
whether it’s approved and then he could start looking for tenants but right now, no. But, I mean,
one of the suggestions that he had was to find someone who could put together solar panels in
this area because solar panels are becoming a big need for them on Long Island, let’s do it on
Long Island. Tony likes to look, to do things to keep business on Long Island instead of making
it happen outside and having to bring the goods here, but it won’t be polluting and it’s going to
be a green use of some kind and it’s certainly isn’t going to be a nuisance industry and that’s the
key. We’ve taken out anything that conceivably could be considered a nuisance, you know,
we’ll do that through covenants and restrictions through the uses which we said which would be
allowed as of right in WSI. Tony is not interested in those, he’ll covenant that they’ll never be
there, so that won’t be an issue. So, anything that might be a nuisance, it’s not going to happen
on this property.
COUNCILMAN WEHRHEIM: Excuse me one moment, I just have a question for the Planning
Director. Mr. DeRubeis, would then if this were to be considered, other properties along the
Lawrence Road and Northport corridor be also permitted to come in for that zone change as
well?
FRANK DERUBEIS, PLANNING DIRECTOR: Well, first off, that’s a policy question for the
Board to consider. The answer, the short answer is yes, they would, anyone can make an
application and the Board, once they set a precedent, would normally follow whatever precedent
that they would set if they went along those particular lines. So, really the issue is, is what this
Board plan to do and this is the start of that particular process.
COUNCILMAN WEHRHEIM: Thank you.
FREDERICK EISENBUD, ESQ.: And if I may just make a note, yes this would be the first WSI
zoning in this area but if you look back, if you think back to the map of the existing WSI zoning
it’s completely interspersed with LI. It’s not separate, it’s intergraded with the LI and that’s the
way it is now, you’d be in a much better position to control things here. Now, just a few
comments on things I read in the paper. One of the proposed reasons you’d want to consider
zoning everything the same is that you apparently believe…
SUPERVISOR VECCHIO: Counselor, let’s stay on this project, okay? I don’t know that we
ought to go on the whole pan flea of what a study did, okay, and let’s hear from the public hear.
FREDERICK EISENBUD, ESQ.:
constructive.
Alright, I was going to make a suggestion that was
SUPERVISOR VECCHIO: Have you concluded your presentation with your witnesses?
FREDERICK EISENBUD, ESQ.: We have concluded our witnesses, yes.
SUPERVISOR VECCHIO: Okay, now I don’t know if all of these want to speak to this issue.
Milania Inzerillo? Is somebody named Milania Inzerillo here? Michael Slattery?
MILANIA INZERILLO, 8 TERRI DRIVE, KINGS PARK: This is a picture, my name is
Milania Inzerillo and this is a picture I drew, I drew in school and when I got home I read it and
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some of it is real but it’s happening quiet, beautiful, clean but now it’s very loud, a little ugly and
lots of pollution. Together we can make a difference.
APPLAUSE
SUPERVISOR VECCHIO: I’m aware that maybe people are here on another issue regarding
Old Northport Road. There are people who have signed up here who I assume want to speak to
this issue and they wrote down “project”. Anthony Inzerillo, did you want to speak to this issue?
ANTHONY INZERILLO: Yes, sir, I spoke already, thank you.
SUPERVISOR VECCHIO: Okay, alright. Bare with me. All of these are for the public
hearing? (SUPERVISOR VECCHIO IS REFERRING TO THE SPEAKER CARDS)
VINCENT PULEO, TOWN CLERK: All of these are for the public hearing, we segregated
them already for you.
SUPERVISOR VECCHIO: Michelle Garry? Please come up.
MICHELLE GARRY, 32 OLD NORTHPORT ROAD, KINGS PARK: Michelle Garry, 32 Old
Northport Road, Kings Park. My head is spinning right now actually, I have a lot of stuff that I
want to address that the attorney had said. The first thing that comes to mind is his justification
stating that the residential zoning and LSI and WSI, you know, all these acronyms I guess, have
been mixed throughout the Town and he made note of the car dealerships on Middle Country
Road and the issue I have with that is it’s like comparing apples and oranges. I mean, I grew up
in this Town, I’ve lived here my whole life, I remember when Glamore Ford was right in the
middle of Town. So, it’s hard to say that just because something existed in the past, it existed for
a reason, as the Town was growing and developing, adjustments were made. There was a time
when car dealerships were a small mom and pop operation which is why they existed in a
downtown area and in a residential area. So, I don’t think that his justification showing that one
diagram where there’s all this mixed use is really relevant. I also would welcome many of the
things that he said would be eliminated if this application was approved. I think any of those
things, especially a funeral home would be a welcome addition to the neighborhood as opposed
to what’s currently there. I do realize that this piece of property is probably the smallest of this
whole mess, the area has become a dump. It’s, I’m sure hazardous to peoples’ health which
we’ll find out, you know, down the road. He also mentioned the buffer zones, I don’t think it’s
fair that they take credit for the fact that houses are eight hundred feet away. I live very close to
one of the greenbelt areas, that area I believe was donated back from the builder to the Town
designated as a greenbelt to get the development built, which is commonly done in the Town
when you reduce the size of a building lot. So, for them to take credit of the distance is not fair,
obviously there’s a major roadway. So, to say that people aren’t close to this site is really
misleading. We’re very close to this site, so close that in the Summertime and in the Springtime
you can’t go out in your yard and do yard work because the stench from whatever it is
decomposing and being dumped there is so toxic that you get a sore throat and you have to go
back inside. All the summer long and all the spring and the early fall, I had to keep all my
windows and doors closed because the smell was so horrifying. There’s just a lot, I mean, I
would implore you that before any decision is made that there is an environmental impact study
done, not only on this piece but on the whole entire site and to really take to heart that this whole
site here is really a blight to the community. I spoke not too long ago on another, the larger blue
area (WHEREUPON MS. GARRY REFERS TO DISPLAY) which is even in worse shape and I
think when you change zoning it just sets, you know, it sets things up for everybody else in that
area to just go crazy.
SUPERVISOR VECCHIO: Thank you. We’re limited to three minutes folks, thank you.
APPLAUSE
SUPERVISOR VECCHIO: Thomas, I going to say this wrong, Unverzagt?
THOMAS UNVERZAGT, 31 SPRINGBRIAR LANE, KINGS PARK: Unverzagt, yes.
SUPERVISOR VECCHIO: You have two, Tommy and Thomas?
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THOMAS UNVERZAGT: That’s my son.
SUPERVISOR VECCHIO: Okay, does he want to speak?
THOMAS UNVERZAGT: Yes.
SUPERVISOR VECCHIO: Okay.
THOMAS UNVERZAGT: My name is Thomas Unverzagt, 31 Springbriar Lane, Kings Park,
I’ve been a resident here from St. James to Kings Park my whole life. I’m formally regarding
that this matter here on Lawrence Road, I am definitely against this. I understand what he’s
talking about as far as Jericho Turnpike, Lawrence Road is not Jericho Turnpike, but once again,
this is Kings Park, not that there’s anything wrong with Hauppauge, but this is not Hauppauge, it
is not like the Hauppauge industrial site or to be turned into it. There’s already heavy truck noise
and traffic already around all these properties which I understand the Town is having a tough
time dealing with, I just think that giving this one piece of property a zone change, there’s going
to be a license to speed and the rest are going to go ahead and follow suit and it’s only going to
be a down turn of an area that’s already, like somebody had said, a blight what’s actually going
on. The properties have been allowed to by the DEC and as far as the Town, I believe to be non
compliant for years. It has put much stress of environmental issues and health issues on the
residents. These properties affect relatvely five hundred homes not just one block. For example,
the DEC gave Jezco a permit to accept an additional ten thousand tons of debris. There’s no way
of monitoring what’s going on, there’s no way of monitoring what’s going on with anything on
those sites over there. I mean, even the guy on the corner who wants to go ahead and change it
to turn it to a cement factory, I don’t know what, if anybody driven past that site, that site’s ready
to go, it’s cleared, it’s leveled, he’s got a pile of sand there, he’s got a pile of crushed stone there,
he’s going to do whatever he wants to do just like the rest of these property owners, they’re just
doing whatever they want to do regardless of what the Town says, what Public Safety says, or
the DEC. Trucks operate, these trucks operate all night long, nine, ten o’clock, I mean I was up
at midnight and I hear, you know, backing up beepers of trucks. Making, these companies go
ahead and follow suit with what’s going on, like I said, it’s just going to be a license for them to
go ahead and move on. Just because these properties have operated like that in the past doesn’t
mean we have to go ahead and live in the past, move on, you move on with knowledge and
mistakes. It was a mistake back then to allow it to happen and it will be a further mistake to go
ahead and allow this applicant to go ahead and allow this zoning change.
SUPERVISOR VECCHIO: Thank you.
THOMAS UNVERZAGT: Thank you.
SUPERVISOR VECCHIO: Tommy, do you want to speak?
TOMMY UNVERZAGT, 31 SPRINGBRIAR LANE, KINGS PARK: Hello, my name is
Tommy Unverzagt and I live in 31 Springbriar Lane. Well, every, like, when I turned ten which
was on September 19th, I’ve been smelling compost and it’s been smelling really bad and like at
eight thirty in the morning when I get on the bus I smell of the compost and then when I come
home from school it’s on, it’s like, it’s on my clothes and it goes into the house, I can’t, I can’t
breath and like I said, when I get on the bus I can’t breath because I have to hold my nose and
it’s, and it’s not healthy and it’s not good.
APPLAUSE
SUPERVISOR VECCHIO: Okay, thank you. We’d appreciate it if those who speak, speak to
this zoning issue, on the other matters about the smells and trucks that are driving there, we have
a report from the Town Attorney which we’ll have him put into the record so you’ll know what
we are attempting to do there. So, the next speaker, Victoria Brown, do you want to speak to the
zone change issue?
VICTORIA BROWN, 10 SPRINGRIAR LANE, KINGS PARK: Yes.
SUPERVISOR VECCHIO: Please, come up.
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VICTORIA BROWN: Victoria Brown, 10 Springbriar Lane, Kings Park, good evening to the
members of the Board. In just talking about Mr. Leteri’s application, I just want to make a few
points. I was surprised to see this being presented in isolation of what’s going on with the rest of
the site, I know that, I think plans for the whole site have been on the table for I don’t know how
many years and just I, the last time I remember going to a meeting where a couple of the
properties were trying to, to be developed as housing and I remember you, Mr. Supervisor,
saying, you know, the pollution of the area and the past uses would preclude that, but in any
event, I think that any zone change in that area should be done as a whole and it should also
consider the surrounding area. I don’t think it is very close, surrounding it are residential
properties and also, Smithtown High School, several other schools, you’ve got, so it’s really
almost like this isolated industrial area plopped in the middle of residential and I think part of it
is because for years, decades it’s been used in this manner even though it was zoned Light
Industrial residential, but then housing developments were permitted over the years around it. I
believe around 1992, I’ve been living at Springbriar Lane since 1989, I think in 1992 or so there
had been a buffer where Lawrence Road ended at around Kim Place and you could not go
through to Old Northport Road and that was quite a buffer to this area, and then I believe over a
weekend or something, the covenants were pulled back and the road was cut through. Thank
you.
APPLAUSE
SUPERVISOR VECCHIO: Thank you. Jerry Jiritano?
JERRY JIRITANO, 5 NAN PLACE, KINGS PARK: Hi, my name is Jerry Jiritano, I live at 5
Nan Place and just to kind of reiterate, I didn’t even know what this WSI was and find out it’s
heavy industry. The Leteri, I use Lawrence Road and Old Northport Road to go back and forth
to my home everyday, to pick up my children, whatever, and it’s gotten worse and continues to
get worse. The trucks are like, forget about it, they’re in and out of there all the time and they
leave a mess on the roads. Leteri’s place at one time used to be nice, now he’s got these
dumpsters hanging up all over this big piece of property behind him, it’s not being taken care of
and I don’t suspect he’ll be taking care of it, after the zone change it’s probably going to get
worse. The adjoining properties, I don’t know when the last time any of you drove down that
area but Jezco, I know we’re not talking about Jezco but you can’t call that light industry, I
mean, that place has got trucks, tractors, I mean, you name it, they’re on that property. So, I
mean, I don’t know where this is going to end, I don’t know what they’re trying to do but this
has to stop and there has to be some major changes.
APPLAUSE
SUPERVISOR VECCHIO: Cheryl Kriegel?
CHERYL KRIEGEL, 56 ANNANDALE ROAD, COMMACK: Hi, good evening to the Board
members, my name is Cheryl Kriegel, I live on 56 Annandale Road in Commack, I have been a
very happy resident of Commack since I relocated to Long Island twenty years ago. I was
thrilled to be able to raise our family, brought them to the Commack School district and it’s not a
happy we pay taxes, pay them on time and I do believe that there are some situations that are
arising now that I come to you to assist not just me but everyone else that might be in the room
when it comes to these properties. This morning I had the good fortune to talk to a very nice
woman in Supervisor Vecchio’s office because at 5:40 this morning I was awakened out of a
very nice…
SUPERVISOR VECCHIO: Mrs. Kriegel, would you mind if I hold you there?
CHERYL KRIEGEL: Sure.
SUPERVISOR VECCHIO: So we can dispose of this then we can have the Town Attorney
address the matters that you want to talk about?
CHERYL KRIEGEL: Okay, I just want to make another couple of comments.
SUPERVISOR VECCHIO: Okay, you want to talk to this point about this re-zoning?
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CHERYL KRIEGEL: Okay, yes.
CHERYL KRIEGEL: Okay. One of the comments that was made a little bit earlier perhaps by
the young lady or the young man who was up here and a couple of other people. There is a
certain parcel that’s being addressed today but one of the gentlemen actually mentioned earlier
that the decision on that particular parcel might have an overall impact on the entire parcel of the
commercial property there and that once there’s an approval made for a certain type of business
or businesses that can be generated, that it will have a long term affect also on the remainder of
the property which is huge. I live on the other side of Old Northport Road in Country Woods
and that maybe typically considered a couple of hundred feet beyond there, but if I can smell, if I
can hear, if I can have guests that can’t sit out in my home after all these years there, there is
something that could happen with this small parcel that would have ramifications way beyond
what, what we’re talking about now. I won’t reiterate what some other people have said and I
am a little bit nervous, but I love my home, I love my community even at this point in my life
when I could consider paring back and scaling down, I struggle to make sure this is where I am
and I would really like the support of the community, as well as the people who are in the
township and on the Board to back us as residents. Thank you.
APPLAUSE
SUPERVISOR VECCHIO: Frank Cannata?
FRANK CANNATA, 31 KIM PLACE, KINGS PARK: Frank Cannata, 31 Kim Place, Kings
Park. I live fairly close to the overall site, the concern is, you’ve heard a couple of times, is what
happens after? The momentum of a change even though the change is less significant than it
could be if it was large industrial, large equipment, the momentum of the change in what it
would allow to move forward is a big concern for the residents. The odors, they may not be all
from the Leteri site, there’s probably very, very little to Mr. Leteri’s site but he does store some
garbage on his site. There is, there are dumpsters around the site, residuals in the dumpsters, it’s
got to contribute somewhat to this area here…
SUPERVISOR VECCHIO: Wait, wait, wait. Why don’t we just talk to this site in or opposition
or approval of?
FRANK CANNATA: Okay, the site that the sign was in front of this morning was a site that’s
undergone changes over the years, over the last year with a very large berm that’s been washing
into the street. I believe that from looking at the pictures here tonight that’s, that’s the site in
question. So, the concern is it’s already been misused, it already is not R-21, going further to
something away from residential will give the opportunity to misuse even further unless
something’s put in place and to enforce this, so, you know, I implore you to enforce whatever
you do, to consider the momentum that this has going forward with what it could do to the rest of
the site and to the community because it does have a big impact. One of the big things about and
I know odors have to do with Jezco and other things but there is pollution that comes from the
site from trucks and the trucks do go into Mr. Leteri’s site and they do put out large fumes and
the fumes from those trucks hover over our area particularly to the east because we are at a
higher elevation and when the cloud cover is low, those fumes get trapped and they come out at
my home and we smell them and that’s all I have for you tonight.
SUPERVISOR VECCHIO: Thank you much.
APPLAUSE
SUPERVISOR VECCHIO: Marjorie Aronson?
MARJORIE ARONSON, 21 KIM PLACE, KINGS PARK: My name is Marjorie Aronson, I
live at 21 Kim Place, I’ve lived there now about two and a half years. I was thirty seven years in
Commack about for two blocks from Townline Road which is used by trucks. I’m also thirty
two years with Commack Volunteer Ambulance Corps and I could probably hundreds and
hundreds and hundreds of times the fatals and the accidents on Townline Road caused by traffic.
Trucks, the destruction of the roads and you talk about half acre sites for small businesses. Small
business needing a half an acre site doesn’t need heavy industry. I work in Bethpage and I am
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right across the street from a sprinkler company which he mentioned sprinkler company, and I
don’t see any tractor trailers coming in there and I don’t think heavy industry, maybe light is
necessary, but certainly not heavy where you have tractor trailers.
SUPERVISOR VECCHIO: Mrs. Aronson, the zone change is from Light Industry to Wholesale
Service Industry.
MARJORIE ARONSON: Well, it should stay light if we can’t change it back, you know, to sell
it as houses, it should stay light. I live five houses off of Lawrence Road, it takes me twenty
minutes to get to Jericho Turnpike because I have to pass all the truck stops and all the trucks
coming out and I have to leave my house at least a half an hour to forty five minutes earlier and I
work at eight o’clock and I leave my house at six just so that I can get to work on time by eight
o’clock. But twenty minutes at six thirty in the morning to get to Jericho Turnpike is already
ludicrous and now you’re going to put twice as many industry and trucks on a two lane road, one
lane in each direction? It’s an accident waiting to happen and believe me I’ve seen many
accidents and I think that it should either stay light and be restricted if you’re going to put half
acre stores in they should be far away from each other where they can build their own roads
internally and have nothing at all on Lawrence Road or on Northport Road. Thank you.
APPLAUSE
SUPERVISOR VECCHIO: Thank you. Lisa Inzerillo?
LISA INZERILLO, 8 TERRI DRIVE, KINGS PARK: No, actually I was here to talk about
what everybody else wants to talk about tonight.
SUPERVISOR VECCHIO:
Silverman?
Thank you, thank you so much.
Steven Silverman?
Steven
STEVEN SILVERMAN, 60 ANNANDALE ROAD, COMMACK: I’m coming. Do you need
my name and address?
SUPERVISOR VECCHIO: We got it, we have it down.
STEVEN SILVERMAN: I think that everybody’s concern is that basically this trust with what
will they really do with the property and I don’t know if there’s any way that if it were ever to be
considered that you put deed restrictions and covenants and community vote before anything is
ever put on that property. There’s a chance that, I mean, right now what’s on that property, it’s a
horror, could it be made better, could something quiet be put there and can that be, could be that
be assured to the community, that there would be a community vote of what actually goes there,
where if this is granted if they could say we changed our mind it could go from terrible to worse
and I think basically from what has happened in this whole area and many lives have been really
quite altered by what has happened over the last two years. It’s just a big mistrust of to grant
them this and then there’s a change of heart what to put there and somebody with a lot of money
says we’ll take this property. So, I think it’s something I don’t think we really know what the
rules are but…
SUPERVISOR VECCHIO: But that wouldn’t happen, if the zone were changed to WSI then the
requirements and constrictions with WSI would apply. So, he couldn’t have a change of heart
and do something else
STEVEN SILVERMAN: Well, could there be restrictions saying the community has to approve
what goes in there, that’s the question because, you know, for, you know, we know what we
could live with and what we’re living with now is completely unacceptable and maybe there’d be
a change of heart, if somebody could guarantee us like putting up a funeral home there, there
would be no trucks, it will be quiet, there will be no beeping, no noises. We don’t really, I think
it’s just, so, you know short of that, I don’t think anybody’s comfortable saying yes, go ahead
and do this where yet that sets precedent for everything else to tumble down but if there is a way
of saying, well, we will allow the residents to vote and that’s part of the deal, maybe, we could
consider it. It’s a horror what’s there right now, so we would…
SUPERVISOR VECCHIO: On that particular site?
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STEVEN SILVERMAN: Yes.
SUPERVISOR VECCHIO: The one that he’s asking for a change of?
STEVEN SILVERMAN: Yes.
SUPERVISOR VECCHIO: Okay.
STEVEN SILVERMAN: Thank you.
SUPERVISOR VECCHIO: Thank you.
APPLAUSE
SUPERVISOR VECCHIO: Demetri Ballas?
DEMETRI BALLAS, 30 TONY DRIVE, KINGS PARK: Hi there, good evening.
SUPERVISOR VECCHIO: Is it Ballan or Ballas?
DEMETRI BALLAS: Ballas, yes.
SUPERVISOR VECCHIO: Oh, okay.
DEMETRI BALLAS: My name is Demetri Ballas, I live at Kings Park, I’ve been there for
about four or five years now but I’ve always lived in Commack, I grew up in Commack, went to
high school there. The smell of the area has just gotten worse and to go from light to heavy
would be a disaster. It will really be a disaster, I know everybody is saying the same thing.
SUPERVISOR VECCHIO: It’s not light to heavy, it’s light to Wholesale Service Industry
which allows for outside storage of vehicles.
DEMETRI BALLAS: Whatever it is, we’re going in the wrong direction.
SUPERVISOR VECCHIO: Okay.
DEMETRI BALLAS: I believe we should be going to the opposite direction to minimize what is
there. I’m not sure what you call it, I’m not into politics and I don’t, I’m not really a hundred
percent sure, I just know that I’m here to voice my concern for certain things and one of them I’d
like to actually show you. Can I put something up on the laptop?
SUPERVISOR VECCHIO: Sure, sure. (WHEREUPON MR. BALLAS INSERTS A
PHOTOGRAPH ON THE LAPTOP TO BE DISPLAYED ON THE SCREEN)
DEMETRI BALLAS: I apologize, it is not recognizing the USB stick but what was on there…
MANY VOICES SPEAKING OUT
DEMETRI BALLAS: Wonderful. So what you see here is a baby with not just asthma which is
also severe, but with respiratory issues and our backyard faces this whole project. This is a
ventilator, it’s a breathing machine and it’s connected right into her neck that helps her breath,
and it’s a very big concern of mine as a parent that there are certain, I’m sorry, there are certain
spores, aspergilla’s is one of them, there’s a couple of other issues in the compost smell that
could cause more severe issues for children that are under two that are compromised health wise.
SUPERVISOR VECCHIO: Mr. Ballas, I hate to, we’re going to address that, this is a hearing on
the change of zone for that piece of property.
DEMETRI BALLAS: I believe, I understand, but I believe that the changing the zone would
make the smell worse.
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SUPERVISOR VECCHIO: Oh, okay, alright.
DEMETRI BALLAS: That’s, that’s, that’s the bottom, that’s what I’m, that’s what I’m, I
believe it’s making it giving it any more leniency, any more rights to do anything more on that
property would make it worse. So, that’s all I wanted to say, thank you.
SUPERVISOR VECCHIO: Thank you.
APPLAUSE
SUPERVISOR VECCHIO: Tess Ballas?
TESS BALLAS, 30 TONY DRIVE, KINGS PARK: Good evening, how are you?
SUPERVISOR VECCHIO: Good.
TESS BALLAS: My name is Tess Ballas, I am actually Demetri’s wife and I thank you for
giving me the opportunity of speaking tonight. Demetri is showing you our greatest concern and
we also have an eight year old boy and he expresses to us all the time, mommy, what is that
smell? It smells like you know what. Our concern is that it is only going to get worse. We’re
paying over eighteen thousand dollars in taxes, we just moved to that area about four to five
years ago and, you know, we moved into this area, we knew the a high cost, the high expense of
this area, and we would never have moved forward knowing that this might occur. There was
always talk of residential zoning and we respectfully request that you listen to our concerns and
help us, as a community, as residents in this very nice area, very expensive area. Thank you.
APPLAUSE
SUPERVISOR VECCHIO: That concludes the hearing and I will close it for them.
FREDERICK EISENBUD, ESQ.: May I respond, please?
SUPERVISOR VECCHIO: One second. Because I know that many of you are here about odors
and truck traffic. We’ll have the Town Attorney address some of the enforcement initiative that
we are trying to take in our taking and he will give you a report as to where we’re at in the Court
system of Suffolk County. Yes, you can reply.
FREDERICK EISENBUD, ESQ.: Thank you very much. I, you know what, the funny thing is I
agree with a lot of the comments you made but it has nothing to do with this project. I need to
let you know what WSI allows. The permitted uses of things like a church, a fire ambulance
station, golf course, which obviously doesn’t fit on four acres, a park or playground, a school.
MANY VOICES CALLING OUT
SUPERVISOR VECCHIO: I am not going to let this hearing get out of order. You must address
the Board.
ANTHONY LETERI: I just want to say I’m the, I’m the applicant, I’ll meet with you guys
anytime you want.
VINCENT PULEO, TOWN ATTORNEY: You got to go to the mic.
SUPERVISOR VECCHIO: Mr. Leteri! Mr. Leteri! Mr. Leteri, we have to go in order here,
please. If you want to address the crowd you can come to the speaker.
FREDERICK EISENBUD, ESQ.: Let me, let me just follow up with what he said. The uses
that are allowed are non-nuisance uses. You’re talking about heavy industrial, it has nothing to
do with this zoning that is proposed. Tony Leteri doesn’t own this property, he wants to buy it
so he can improve it. He agrees that it looks horrible right now, it’s going to look fine when it’s
built out and there’s proper, you know, buildings and there’s proper, you know, landscaping and
the like, he wants to improve that. He wants half acre to help the small business person, the large
LI two acres would be harmful to you. That’s where you start getting the larger uses you’re
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talking about, but none of that is going to exist on a half acre, it’s for the small business person.
This is a wonderful opportunity for essentially an incubator project. Take the four and a half
acres, let him proceed and see how it develops. I think everyone is going to realize that what
comes out of it is, are uses, there are not, take a look at the zoning when you get a chance, you’re
realize that there aren’t uses which you need to worry about and there will be a lot better than
what’s there now and it’s going to be a lot better than if it were a two acre zoning, like in Light
Industrial. So, the uses, the all the complaints that they have, have nothing to do with this
property, including the odors. Mr. Leteri doesn’t have any putrid waste in his recycling facility,
so the odors aren’t from him and he’s not going to do anything that’s going to create harm here,
that’s not what he does.
UNIDENTIFIED WOMAN SPEAKING OUT
SUPERVISOR VECCHIO: No, ma’am you can’t do that. Okay, you can come up, you can
come up and ask a question.
FREDERICK EISENBUD, ESQ.: I’ll be happy to talk to you afterwards.
SUPERVISOR VECCHIO: Mr. Eisenbud, are you finished?
FREDERICK EISENBUD, ESQ.: I just want to say that I think all of you recognize that the
complaints that they are raising have nothing to do with this particular project, Mr. Leteri’s not
responsible for anything they are talking about and the zoning he’s requesting is not going to
lead to the things that they are concerned about.
APPLAUSE
SUPERVISOR VECCHIO: Ma’am, you could come up, please.
VINCENT PULEO, TOWN CLERK: Could I get your name and address, please?
ANGELA MISLOWACK, 20 LINDEN AVENUE, KINGS PARK:
Mislowack.
My name is Angela
SUPERVISOR VECCHIO: And you’re address?
ANGELA MISLOWACK: and I live on Linden Avenue, 20 Linden Avenue and I live west of
Lawrence Road, Linden Avenue is parallel to Lawrence Road on the other side of that property.
I get the same smells and all the inconveniences, but I have a question. For what is there now, is
that property in compliance? And I also have a second question. Has anyone from the Board
examined that area personally?
SUPERVISOR VECCHIO: Yes, I have.
ANGELA MISLOWACK: Okay, but I also want to know if that, whatever it’s zoned now, are
they in compliance now, because if they’re not, what’s to make us think that they can not do
whatever they want to do when you change the zone?
APPLAUSE
SUPERVISOR VECCHIO: Is there a use on that property now? Ma’am I’m trying to get an
answer to your question. Is that current property being used for anything now, the subject of the
zone change?
FRANK DERUBEIS, PLANNING DIRECTOR: Well, it’s difficult to describe. First off, that is
all Jesuale’s property, so Jesuale owns a large segment of property actively being used.
ANGELA MISLOWACK: But that piece…
SUPERVISOR VECCHIO: But let him finish.
FRANK DERUBEIS, PLANNING DIRECTOR: Okay, Jesuale is actively using his property
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and I can’t testify to whether a portion of his property is not being used.
ANGELA MISLOWACK: Okay, so in other words you are saying it probably is not in
compliance with the zoning it has now. So, what would make us think that they would be in
compliance with the new zone? They’re going to do whatever they want to do just like all those
properties did because they don’t compare them with all those other properties but they’re not in
compliance with their zone that they have now. You know, I would like one of these gentlemen
to describe exactly what’s on that half acre zoning property. What is on there, because all of us
have driven by and everything is hidden around there. What is exactly on there? I am a teacher,
I teach Environmental Science, when I talk to my class about Love Canal, I compare this to Love
Canal and I think everyone on this Board is aware of Love Canal.
SUPERVISOR VECCHIO: I’m sorry I can’t read this, is it Dean Sherland?
DEAN SHERLAND, 16 SPRINGBRIAR LANE, KINGS PARK: Mr. Vecchio, members of the
Board, thank you for allowing me to speak. I just want to remind the Board and my fellow
neighbors what must be proven in order to grant a variance under New York State Law. If
requesting a use variance, that is, permission to establish a use of property not otherwise
permitted in the zoning district, the applicant must prove unnecessary hardship and I think it will
be hard for someone who doesn’t own the parcel of property to begin to prove unnecessary
hardship. The State also requires the applicant to show all of the following.
JOHN ZOLLO, TOWN ATTORNEY: Excuse me, it’s a re-zoning application, it’s not a
variance, it’s not a use variance application.
DEAN SHERLAND: It’s not a use variance?
JOHN ZOLLO, TOWN ATTORNEY: No.
DEAN SHERLAND: It’s a rezoning?
JOHN ZOLLO, TOWN ATTORNEY: Yes.
SUPERVISOR VECCHIO: Yes.
DEAN SHERLAND: So none of this would apply?
JOHN ZOLLO, TOWN ATTORNEY: Correct.
DEAN SHERLAND: So, if the hardship is self created this wouldn’t apply?
JOHN ZOLLO, TOWN ATTORNEY: It has nothing to do with this, it’s a re-zoning, there’s
standards to meet for re-zoning but it’s not a use variance.
DEAN SHERLAND: It’s not?
JOHN ZOLLO, TOWN ATTORNEY: It’s not.
DEAN SHERLAND: It’s just a straight re-zoning?
JOHN ZOLLO, TOWN ATTORNEY: Yes.
DEAN SHERLAND: Okay, well let the record be known that I would not approve of such rezoning.
SUPERVISOR VECCHIO: Thank you.
APPLAUSE
SUPERVISOR VECCHIO: Okay, we’ve exhausted those who want to speak to this issue so I’m
going to move to close the hearing and then the Town Attorney will address some of the issues
that were raised tonight that don’t relate necessarily to this zoning.
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COUNCILMAN MALLOY: Second.
The following resolution was offered by Supervisor Vecchio and was seconded by Councilman
Malloy:
BE IT RESOLVED, that the public hearing held at the Eugene A. Cannataro Senior Citizen
Center, 420 Middle Country Road, Smithtown, New York on the 24th day of January, 2013 at
7:00 P.M., to consider Zoning Petition #2011-10 as submitted by Anthony Leteri for a change of
zone from R-21 to WSI on property located on the west side of Lawrence Road, 917.21 feet
north of Old Northport Road, Kings Park, New York, SCTM #0800-44-2-7 p/o 44-2-6, be and is
hereby closed.
DECISION RESERVED
SUPERVISOR VECCHIO: Mr. Zollo, will you explain what enforcement actions we’ve
attempted to make and what we are currently involved in?
JOHN ZOLLO, TOWN ATTORNEY: Thank you, Mr. Supervisor, members of the Board and
residents. Actually, I was prepared to just talk about two enforcement cases that we have going
on right now, some of which we have on-going investigations of, none of them involve
complaints of odor. I could tell you in our office and I believe the same is true for the
Department of Public Safety, we have not received complaints or numerous complaints about
odors. The DEC…
MANY VOICES SHOUTING OUT
JOHN ZOLLO, TOWN ATTORNEY: Let me, I will, but can I just ask you a favor, please?
Let me finish what I have to say, if you disagree with me I could talk to you afterwards, this is
not a debate, I’m telling you where we’re at. Supervisor asked me to discuss the two cases that
we have going on right now. I am telling you with respect to odors, the complaints, if any, go to
the DEC. I have no complaints of odors except from perhaps two residents who called my
office, that’s my office. Two cases that we have going on right now involve use issues, nothing
involving odor, I wasn’t prepared to discuss anything involving odor tonight because those are
not complaints that I have received and those are not the enforcement actions that I have pending
right now. So…
MANY VOICES SHOUTING OUT
SUPERVISOR VECCHIO: Excuse me, you know
MANY VOICES SHOUTING OUT
JOHN ZOLLO, TOWN ATTORNEY: Well, I will tell you…
SUPERVISOR VECCHIO: John! Allow him to finish what he’s saying and then you can all
come up and speak again, but we have taken enforcement actions that are in the Courts and we
want you to know that and he’ll explain to you where we’re at in that in that process.
JOHN ZOLLO, TOWN ATTORNEY: And please appreciate I am telling you what I have, there
is nothing to hide, there’s no secrets here, anyone can contact me and we can talk about this at a
later date, after tonight, tomorrow, I’m always available. Jim Wade, just so you know, Jim Wade
is the enforcement person who handles odors along the Old Northport/Lawrence Avenue
corridor. I would suggest and recommend when you have odor complaints speak to them. The
DEC is the one who gives out the registration and the permits, those are the persons who are
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proliferating these permits and allowing materials to go onto Town sites without even having the
courtesy of contacting the Town of Smithtown, and I will tell you when it comes to enforcement
measures, when I go to Court to try to stop someone involving odor complaints, when you go to
Court and the Judge says to you, well they have a DEC registration or permit, it makes it very
difficult to attack that. So, please don’t come after the Town, go to the State, go to the DEC and
ask them why they are giving registrations. Just so you know, the Town of Huntington grant,
awarded bids to people to dump processed materials on Town sites without even the courtesy of
letting the Town of Smithtown know about it. It was done without our knowledge through sites
who got DEC registrations. So, please don’t point the blame to this Town Board, go to the DEC,
I’m here to help you, I work for the Town Board, I give advice and counsel to the Town Board,
but please, don’t attack me or the Town Board. We are, in certain respects getting dumped on,
no pun intended, by the DEC, but you can contact me, my office number is 360-7570. If you
can’t come during nine to five, I will make it a point to stay late and meet with you. I’m happy
to assist you.
UNIDENTIFIED WOMAN’S VOICE: Can you repeat that number?
JOHN ZOLLO, TOWN ATTORNEY: 360-7570.
UNIDENTIFIED WOMAN’S VOICE: Doesn’t the permit say right on the DEC permit that --must be in compliance with Town Code?
JOHN ZOLLO, TOWN ATTORNEY: Yes, it does.
UNIDENTIFIED WOMAN’S VOICE: They’re not in compliance with Town Code…
JOHN ZOLLO, TOWN ATTORNEY: Yes, it does.
UNIDENTIFIED WOMAN’S VOICE: So doesn’t the Town step in and say, okay you got this
permit, you’re not in compliance.
JOHN ZOLLO, TOWN ATTORNEY: I will also…
VINCENT PULEO, TOWN CLERK: We need her to come up to the podium.
SUPERVISOR VECCHIO: You have to come up to the mic to speak. We’re starting to get out
of order and no one is going to hear what’s going on.
JOHN ZOLLO, TOWN ATTORNEY: Again, I would just ask if you want your comments…
SUPERVISOR VECCHIO: Allow him to finish what he started.
JOHN ZOLLO, TOWN ATTORNEY: I just also like to mention to you if you have comments
that you want to be made, the only way they can be part of the record is if you do come up here,
identify yourself and give your name so we have the record of it, but we have two cases right
now pending in Court, one involves 110 Old Northport Road which is the KPE site. Just briefly,
we started March of 2012, Public Safety issued two summonses to them for use violations. On
June 5th, 2012, they received a disposition in District Court with the understanding they would
file with the Board of Zoning Appeals for a Certificate of Existing Use. The Certificate of
Existing Use was filed and the matter was heard by the Board of Zoning Appeals on November
13th, 2012, there is still no decision pending, no decision made from the Board of Zoning
Appeals. The application included thirteen uses, precast concrete, cesspool fabrication, concrete
manufacturing plant, concrete aggregate processing center, office use, outdoor storage, stockpile
yard, truck and heavy equipment maintenance facility, associated parking, sand screening,
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recycling of broken concrete, rock crushing, precast related activities, and concrete crushing.
We believe that they, since the filing of the application with the Board of Zoning Appeals they
exceeded what had been going on with the site and what was part of their application to the
Board of Zoning Appeals. We filed a District Court Injunction, that is scheduled to be heard this
coming Tuesday in Fourth District Court. That is KPE, they’re located at 110 Old Northport
Road, that’s the site that my office has received numerous complaints from residents and we
acted on that.
SUPERVISOR VECCHIO:
injunction.
Mr. Attorney, why don’t you explain what you mean by the
JOHN ZOLLO, TOWN ATTORNEY: Sure. An injunction was just to stop them from doing
what they’re doing on this site in violation of the Town Code.
SUPERVISOR VECCHIO: What’s your name, ma’am?
LAURA SCHAEFER, 233 OLD COMMACK ROAD, KINGS PARK: Hi, I’m sorry, my name
is Laura Schaefer, I live at 233 Old Commack Road in Kings Park, New York. A year ago the
Planning Board was sitting where you gentlemen are sitting right now. I came here because my
girlfriend brought her son over, the smell was so bad, I live across the parkway from Toby
Carlson, okay. He threw up on my driveway at seven thirty in the morning because of the smell.
Since then, you’re all aware that we started a class action suit, okay. I appealed to you, I went to
Public Safety and all night long, beep beep beep boom, the mulch goes on fire. The mulch is as
long as Old Commack Road, we’ve got videos of it on Toby Carlson’s yard as high as our
houses the flames cp,e across the parkway we had to call the fire department, we live everyday.
Now that they did, they did a twenty eight thousand dollar air quality test, there is benzene,
cadmium, arsenic, all kinds of poisons and I appeal to you please, I have children, we’re
residents, we pay taxes, we ask you please, stop him. Why didn’t you stop him, I’m asking you
that question, why gentlemen, didn’t you stop him? I was told by Martin, the Town Attorney,
that it’s Mr. Creighton, Mr. Vecchio and Mr. Wehrheim are the ones that will not shut Toby
Carlson down and I’d like to know why?
JOHN ZOLLO, TOWN ATTORNEY: I don’t think Martin Simon would have ever said that.
Martin Simon is an assistant in my office
LAURA SCHAEFER: Well, I was with Debbie Daly and Michael Mathews, so he did.
JOHN ZOLLO, TOWN ATTORNEY: No, okay, Martin Simon…
LAURA SCHAEFER: He did, he said to be patient Mrs Schaefer, these are our boss’s and they
won’t shut him down.
JOHN ZOLLO, TOWN ATTORNEY: Mrs. Schaefer, how long have you lived where you
reside now?
LAURA SCHAEFER: I moved there in 2004 and it has gotten perpetually worse and
unfortunately, I am in the worse area, it is disgusting.
JOHN ZOLLO, TOWN ATTORNEY: I can assure you, Martin Simon did not speak to this
Board about that and they never would have said that, so.
LAURA SCHAEFER: I’m telling you what he said to me, Sir, I have no reason to lie to you.
I’m asking them why Toby Carlson is on residential land, generating no tax revenue for our
Town and poisoning all of us? So, why won’t you shut him down? What does he possibly have
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with this Board that you don’t shut this guy down?
JOHN ZOLLO, TOWN ATTORNEY: Mrs. Schaefer?
LAURA SCHAEFER: If I was a resident and I was doing mulching on my property or
something else, you would come, give me a stop work order. I would like you to answer me why
you haven’t shut him down? That’s residential land. I have a couple of things here.
SUPERVISOR VECCHIO: I believe he had permits from the new York State Department of
Conservation
LAURA SCHAEFER: Department of DC permits say verbatim on the bottom of them “as long
as you are in compliance with Town Code”. Now, we all know that he’s not, there’s no
mulching in Smithtown, so he’s not, Sir, so why didn’t you shut him down?
APPLAUSE
LAURA SCHAEFER: Now these people are going through the same thing.
SUPERVISOR VECCHIO: John, have you finished on where our enforcement actions are?
JOHN ZOLLO, TOWN ATTORNEY: With respect to KPE, we also have an action going
against Jezco, a similar situation. Jezco has a registration to bring material on the property from
the DEC, we issued summonses, we’re in District Court, we have a return date before the Judge
for next week to stop them from engaging activities that they are doing on the site.
LAURA SCHAEFER: Sir, have you ever seen the permit from the DEC? It says verbatim on
the bottom, “as long as you’re in compliance with Town Code”.
UNIDENTIFIED MALE VOICE: Mr. Zollo, will you finish what you were saying, I really want
to hear what you have.
LAURA SCHAEFER: Go ahead, Mr. Zollo, because I have a question for you, too.
JOHN ZOLLO, TOWN ATTORNEY: Well, if Mrs. Schaefer let’s me finish, I would. You
know, sometimes we can sit here, it’s not black and white, just so you know that. The Old
Northport Road, as most of you know, if you, some of you have lived here for a long time, it’s a
difficult enforcement area, we do our best. What I would like to mention to you is, we have
these two District Court actions pending to stop those people from what we believe going
beyond what’s permitted on those sites.
SUPERVISOR VECCHIO: When will they be heard, John?
JOHN ZOLLO, TOWN ATTORNEY: District Court, the return date, the return date, which
means the papers will be filed, they’ll be a hearing before…
LAURA SCHAEFER: Is that for the site plan?
SUPERVISOR VECCHIO: Mrs. Schaefer!
LAURA SCHAEFER: I just asked…
SUPERVISOR VECCHIO: No, you don’t need to ask a question, you can wait.
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JOHN ZOLLO, TOWN ATTORNEY: It’s, it’s, it’s use, it’s a use or involving with respect to
the uses. We believe with KPE they had certain uses going on the property that we believe were
consistent with the prior uses on the property, however we believe they’ve exceeded and gone
beyond what had previously occurred on the site. With respect to Jezco, we believe the same
thing that they’re doing things which we believe are violations, it’s uses on the property. I’m
sorry, Mr. Supervisor? Okay. So, I would welcome you, if you want me to meet with any one
from this group who’s involved, Mrs. Schaefer, I offered…
LAURA SCHAEFER: Can I ask you a question, Mr. Zollo.
JOHN ZOLLO, TOWN ATTORNEY: Let me just finish please. I offered to you if you want
me to go with you and any of the members of this group here, to the DEC to sit down with Jim
Wade. I will go with you and I will report back to the Board and if I believe as Attorney for the
Town there is anything that we can do that I believe is consistent with the law and has a
legitimate basis, we will do that, I assure you that, but I want you to understand this and I say
this one more time, no one on this Board, and I speak to them every single day, has ever had that
conversation. If Martin did that, it might have been out of context but I can assure you that is not
the case. The Board would have come to me and said what should we do and my opinion is, and
you’ve been there since 2004, I believe Mr. Carlson’s operation has been going on well before
you moved here, I think the DEC monitors it and if I had complaints that came that you made to
our office about odor I referred to Public Safety and also the DEC and we got back reports that in
fact, they weren’t coming from, they were coming from undetermined sites. So, I want you to
understand that, we will do our best but please don’t attack me, don’t attack the Board because it
serves no purpose. I’m offering you, I will make myself available to your hours because I know
you all work. I will come after five o’clock at Town Hall to see what we can do. If there’s
something that we can do together I will work with you. Please remember, and I say this, I was
Town Attorney from 1992 to 2002 and I’m back here but this, Old Northport Road and
Lawrence Road have been enforcement problems for thirty and forty years, it didn’t just happen,
and to think that that’s the case is not being realistic, but let’s see if we can work with the Town
Board’s authority and see if there are other things we can do, but attacking us and the Town
Board serves no purpose.
LAURA SCHAEFER: Can I ask you a question, Sir, I just it was explained to me I think, by Mr.
DeRubeis in the beginning, that you went to Court years ago against, I guess is it Toby Carlson?
JOHN ZOLLO, TOWN ATTORNEY: It was his father.
LAURA SCHAEFER: Okay, over his father, over this same area though, correct?
JOHN ZOLLO, TOWN ATTORNEY: Yes.
LAURA SCHAEFER: Okay, and you claimed that and stop me if I’m wrong, Mr. DeRubeis,
you lost in Court because they were grandfathered in for sand mining and I just have a question
for you, I’m not a lawyer but I do use google. I got a letter here from Toby Carlson saying that
he’s down there in 1960 addressed to me. To be grandfathered in it is my understanding that you
have to be there before 1932. So, I’m just wondering, Sir, as well as that, there’s a use nuisance
abatement in the grandfather clause and you were down there for the people in Winnecomac that
were complaining about the odors and the gases. So, Sir, you’re an attorney, so how could you
possibly loose this case because they didn’t move down there, I’m going to give this to you, you
can read, I made a copy for you
SUPERVISOR VECCHIO: Okay, Mrs. Schaefer! You know…
LAURA SCHAEFER: I just want to know if there’s a nuisance abatement and that’s a nuisance
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you were there because of the smell, so how could you possibly loose this case?
SUPERVISOR VECCHIO: Mrs. Schaefer!
JOHN ZOLLO, TOWN ATTORNEY: I do believe you’re confusing two different aspects and
1960 is not the control date but Frank DeRubeis…
SUPERVISOR VECCHIO: Okay, Mr. Schaefer?
LAURA SCHAEFER: I’m sorry what’s?
JOHN ZOLLO, TOWN ATTORNEY: 1960 is not the control date, I think you are confusing
issues…
LAURA SCHAEFER: Well, I’d like put this up to the Board and actually I want this put all into
record, okay?
SUPERVISOR VECCHIO: Then hand it to the Town Clerk.
JOHN ZOLLO, TOWN ATTORNEY: Mrs. Schaefer, if you let me?
SUPERVISOR VECCHIO: Mrs. Schaefer your three minutes were up about ten minutes ago.
JOHN ZOLLO, TOWN ATTORNEY: Frank, would you like to address…
LAURA SCHAEFER: Okay, Sir, I would like to put this all into record, okay? (WHEREUPON
MRS. SCHAEFER SUBMITS PAPERS TO THE TOWN CLERK)
JOHN ZOLLO, TOWN ATTORNEY: And Supervisor, Frank DeRubeis can address what Mrs.
Schaefer just raised about the 1960 issue, please?
APPLAUSE
FRANK DERUBEIS, PLANNING DIRECTOR: Mr. Supervisor, members of the Board, in the
brief time that I will speak to the Board, I can not clarify all of the issues because most multiple
issues with regard to what is happening on Old Northport Road as well as what is happening on
the Carlson property.
SUPERVISOR VECCHIO: Speak closer, Frank, louder.
FRANK DERUBEIS, PLANNING DIRECTOR: Okay, can you hear me now?
SUPERVISOR VECCHIO: Yes.
FRANK DERUBEIS, PLANNING DIRECTOR: I’ll try to be brief, there are two, three parts to
Carlson’s property. There’s part of the property which is zoned Heavy Industry and there are
certain issues with regard to possible violations on that particular property. There are portions of
this property which are heavy, are Light Industry and there are a separate set of issues that are
governed by that property. Then there is a third property which is zoned residential and there’s a
whole other set of issues and part of those issues are what Mrs. Schaefer was speaking about
with regard to the illegal composting and, I can not in a very short span of time that I, as John
would, I will meet with anybody because we have a dossier on this particular property as to what
we think is pre-existing and legal and what we believe to be in violation of the Code.
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SUPERVISOR VECCHIO: Are you referring to Old Northport Road and Lawrence Road?
FRANK DERUBEIS, PLANNING DIRECTOR: I am referring specifically to one property now
and I’m trying to summarize it as best as I possibly could. The, what Carlson has done at this
point in time has requested a zone change that is currently pending before the Planning Board for
Heavy Industry for the entire property. I will let the Town Attorney speak as to usually what the
legalities are of that particular point, but no, none of the enforcement agencies will undertake an
action while a zone change matter is pending before this Town because they wish to wait for the
resolution of that particular issue.
SUPERVISOR VECCHIO: Well, what enforcement agencies are you talking about?
FRANK DERUBEIS, PLANNING DIRECTOR: Well, it will be our Public Safety and DEC.
SUPERVISOR VECCHIO: Because there is a zone change application pending?
FRANK DERUBEIS, PLANNING DIRECTOR: To try to legalize what is on the property, and
so, what usually happens is we are aware of the violations and we are proceeding with the zone
change and what the, there’s a whole history behind the zone change and again, we could be here
for hours discussing what the issue is, but the zone change matter one way or another will be
settled this year because we wish to end whatever this delay is and so we can deal with the
substance of what’s happening on those properties. That’s a short version, anything else that I
would explain would be much longer, Mr. Supervisor.
VINCENT PULEO, TOWN CLERK: Mr. Supervisor, you have somebody who wanted to
speak.
SUPERVISOR VECCHIO: Yes, Sir?
VINCENT PULEO, TOWN CLERK: Just give your name again.
TOM UNVERZAGT: Regarding the Jezco property, I had the DEC at my house, you know, for
these odors that don’t exist and they had told me that the Town is the one who allowed them to
take in three thousand tons of debris initially. Then, the DEC allowed them to take an additional
seven thousand tons of debris. I’ve been placing phone calls since 2008, 2009 on this property
and from what I understand we had a meeting that I wasn’t able to attend over at the Kings Park
High School regarding these properties and the odors and everybody’s under the impression that
all these odors now have started after the storm of Sandy and they started taking in all additional
debris from the downed trees from this storm and that’s the only reason why they’ve now been
inundated with all these extra phone calls regarding the odors after they got their phone calls on
from December 14th, on and the only reason why that they’ve had phone calls from December
14th, on is because I produced this flyer and gave them a phone number to call. No one had any
idea who to call. I dealt with this when I lived out in Manorville dealing with the compost yards,
it is not, maybe it’s good for the environment when it’s dealt on a piece of farm but it’s bad for
the environment and it is also bad for the people when it’s dealt inside a residential area. It
causes natural ground radiation which has already been proven, as well as any sort of organic
and inorganic material that go into the air and that people breath in. This has all been proven in
fact inside of a residential area.
SUPERVISOR VECCHIO: Do they have, do they have a permit from the DEC to do that?
FRANK DERUBEIS, PLANNING DIRECTOR: Okay, again, this could be complicated, I’ll try
to make it as, as brief and as accurate as possible. The only one that we’re aware of that took
Town material that’s in that area has been Toby Carlson and that’s on the opposite side of where
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this property is. We are aware of the fact that Jesuale has some composting going on, on the rear
portion of that site and that was reported to me by my Assistant Director several months back in
terms of a problem, he lives in Kings Park and we contacted the DEC on that related matter.
What we also determined in that area is that Raleigh Farm which is right backing up to Jesuale
has a permit to receive compost on their particular property and they have dumped a
considerable amount of composting on their property and we’ve requested the officials from our
Public Safety to go up there. However, I will tell you since Raleigh Farm is classified as an
agricultural use, that is the only use in Town that is permitted to have a composting type of an
activity because that’s related to agricultural use.
SUPERVISOR VECCHIO: Where’s the permit come from?
FRANK DERUBEIS, PLANNING DIRECTOR: They have a permit from the DEC, but
agricultural use is permitted to have composting because that’s related to farming. What I asked
my Assistant Director to find out is where is the source of the odors coming from and no one yet
has been able to answer us in terms of is it Jesuale or is it the Raleigh Farm. There’s a third
aspect to this which is coming about which Mr. Leteri if he was here would answer it because he
reported that complaint, on KPE two and this was part of the violation which John did not
mention, they had been regularly filled and most of you know this because if complaints have
been coming to the Town on that property and they’ve been dumping fill. That fill was supposed
to be from recharge basins that were being cleaned out, however, I went there, down there and I
actually brought the Supervisor on a trip in that same area and what, it was apparent the odors
from that fill on KPE 2’s property now, which is not Jesuale, was rather pungent.
TOM UNVERGAZT: Yes, I smelt that but that’s been gone for a couple of months, two, three
months now.
FRANK DERUBEIS, PLANNING DIRECTOR: Okay, but we did notice and that was about,
somebody called my office and we sent somebody down, there was more trucks coming onto this
particular property and I asked Public Safety to find out what the fill was and I believe our
Environmental Department did some sort of a soil sampling. Again, there are, I will
acknowledge having been in that area, there are odors, we’re not denying that and where they’re
coming from, I don’t know.
TOM UNVERGAZT: The odors are coming from Jezco and you should really check out the site
because it’s not a small pile of material and I’ve been driven on that site at two o’clock in the
morning and I was chased off of that site because I wanted to go ahead and find out exactly
where it was coming from. So, I went there at two o’clock in the morning and my lights were
shining on their trailers that they’re renting out on the property for whatever use that they’re
using because my lights were shining in somebody’s bedroom and the guy walked out onto his
make-shift porch, but those smells and those odors are coming from Jezco and Jezco only. There
were some material from the recharge basin and I had spoken to the DEC on it, on that corner
property that wants to be now a cement factory, but that, what the DEC who went there a few
times or whoever, like I said, your investigator whatever the case may be that’s been cleared up
and that’s been gone but what’s not gone is, is the odors, the odors are still there. It’s Jezco, and
they’ve been hauling that stuff in left and right and he has a thorn and this came from him
personally and I now he’s not here but he has a thorn with the Town right now because he
wanted to sell his property in a Town that won’t allow him to sell his property and he pretty
much said he’s going to do what he’s got to do.
FRANK DERUBEIS, PLANNING DIRECTOR: We could discuss this all night, but let me tell
you what some of our problems are on that site with regard to enforcement. One of the issues
that we have is that both KPE 2 and Jesuale received DEC violation notices on their particular
property. When that happens, we are told because we are the Town not the State, to stay out of
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it, it is under their jurisdiction and Jesuale has been to the best of my knowledge, under a consent
decree, I think…
JOHN ZOLLO, TOWN ATTORNEY: Cease and Desist and Consent Order.
FRANK DERUBEIS, PLANNING DIRECTOR: A Cease and Desist and Consent Order to
remediate pursuant to a DEC plan, which we requested and have not yet received because we
don’t know what’s going on there.
TOM UNVERGAZT: Yes.
FRANK DERUBEIS, PLANNING DIRECTOR: Okay, I’m trying to be as candid as I can. The
same has to do with KPE Associates too, with illegal fill. The same issue occurred also with
regard to Carlson, Toby Carlson on the other side of the property. Where we deal with
enforcement here as a Town level, we have, sometimes our hands tied and when we do go to
violation in Court, which John did not mention, but I’ve been in Court several times with the
attorney’s and the Judge sees that there’s a DEC permit, they don’t read on down, as Mrs.
Schaefer pointed out, there supposed to be subject to, what the Judge says is the government
doesn’t know what it’s doing, one side is issuing the permit, the other side is claiming it’s a
violation, they’re not going to prosecute. That happens a lot with regard to these violations,
that’s really has been some substance of our effort over the last few years. I will tell you though,
the Town has spent monies in the last year to do a study what was really the intended purpose is
to figure out a long term strategy towards trying to resolve this and they’re trying to grapple with
that. We have ideas on what we want to do but still the same issue comes back up, what do we
do with DEC, what do we do with composting and we’re trying to work with, we’re trying to
figure that strategy out right now. Go ahead.
JOHN ZOLLO, TOWN ATTORNEY: Just one other item with respect to Jezco, that’s in Court
on the 29th in Fourth District Court for a hearing on an injunction. So, we have the KPE and
Jezco, Fourth District Court, Judge Hackeling, a hearing for the injunction is on for Tuesday, the
29th.
UNIDENTIFIED WOMAN’S VOICE: What does the injunction do?
JOHN ZOLLO, TOWN ATTORNEY: It’ stops them from operating while the District Court
matter is pending.
UNIDENTIFIED WOMAN’S VOICE: Who enforces that?
SUPERVISOR VECCHIO: Ma’am, you can’t do that because everything has to be recorded.
JOHN ZOLLO, TOWN ATTORNEY: The question was “who enforces that”?
SUPERVISOR VECCHIO: Right.
JOHN ZOLLO, TOWN ATTORNEY: If the Court grants the injunction, the Town of
Smithtown enforces it and if they violate the injunction, we’d have to go back to the Court for an
Order of Contempt.
TOM UNVERZAGT: I can appreciate your, you know, trying what you do here but, the DEC, it
just seems like a run-around, you contact the DEC, they say to contact the Town, you contact the
Town, they say to contact the DEC.
JOHN ZOLLO, TOWN ATTORNEY: But, I think, I just…
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UNIDENTIFIED MALE VOICE: We’re just the residents, we’re the ones who pay their taxes
and we pay the taxes to the Town not to the State, so we’re just here obviously, you know, on
our own time like everybody else, but we’re, we’re looking for help, we need help here, we’d
like to stay in this Town but we can’t move forward with the way it’s going right now.
APPLAUSE
SUPERVISOR VECCHIO: Well, can I just say something and I think we’ve exhausted the
subject. We’ve done everything in our power to attempt to stop these illegal uses. I’m going to
make a statement, we’re not very well supported by the Courts and we’re not very well
supported by the DEC. Now, Mrs. Schaefer made a statement and she’s absolutely correct, when
they give these permits they are supposed to be in compliance with current Town zoning, not just
Smithtown, all towns and they ignore that and that’s why you are all here, it’s that simple.
JOHN ZOLLO, TOWN ATTORNEY: Mr. Supervisor, just an analogy if I might? New York
State Liquor Authority, when an applicant looks to get a liquor license, sends a letter to the Town
of Smithtown to the Planning Department and says prior to us issuing a liquor license, we want
to make sure that they are in conformance with local zoning. We do not get the cooperation
from the DEC, so we don’t even know what permits are being issued. So, I think out of this
tonight, if you want, make some representatives, we will go to the DEC with the Town Board’s
permission, I will go and Mr. DeRubeis will come and just so you understand something, there
are times when DEC and the Town of Smithtown work jointly and cooperatively on a case and
this might be the instance. I remember back in the mid 90’s we had meetings at schools in
Commack about odors and I actually worked with an Assistant Attorney General on the case,
Janice Taylor, on odors and getting restraining orders, but again, with the Town Board’s
permission and if Mr. DeRubeis is available, we’ll work with you, you can designate some
representatives or see if we can work together, if that’s the Town Board’s prerogative to direct
me to do that.
TOM UNVERZAGT: Thank you.
JOHN ZOLLO, TOWN ATTORNEY: Alright.
SUPERVISOR VECCHIO: Thank you. We’re going to move on, we’ve got some stuff to do
here, so we’ll move on. We are going to recess for five minutes. All in favor?
SUPERVISOR VECCHIO: Aye
COUNCILMAN MALLOY: Aye
COUNCILMAN WEHRHEIM: Aye
COUNCILMAN CREIGHTON: Aye
THE TOWN BOARD RECESSED AT 8:40 PM
THE TOWN BOARD RECONVENED AT 8:50 ALL MEMBERS PRESENT
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RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Minutes
January 24, 2013
HEARING CLOSED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-67)
The Town Clerk presented a public notice advertising that on the 24th day of January, 2013 a
public hearing would be held at the Eugene A. Cannataro Senior Citizen Center, 420 Middle
Country Road, Smithtown, New York at 7:00 P.M., to consider proposed amendments to Chapter
273 of the Code of the Town of Smithtown entitled Tents as it relates to permit required;
exception.
The Clerk further informed the Board that said public notice was properly advertised and that
affidavits of publication and posting were executed and filed.
JOHN ZOLLO, TOWN ATTORNEY: Good evening Mr. Supervisor, members of the Town
Board, my name is John Zollo, Town Attorney for the Town of Smithtown. What you have here
tonight is a proposed amendment to Chapter 273 regarding tents. As the Board may recall that
previously there was a public hearing on this proposed amendment and then there was
recommended changes that were sort by members of the Town Board and what you have here
now is the copulation of the previously proposed amendments plus we’ve incorporated
comments from the Board. Basically, we have now set, quickly, this was brought about as the
result of the Building Department being asked how long can someone keep tents up on the
property and the Building Department didn’t realize we didn’t have a provision in the code
addressing that. So, as a consequence of that inquiry, they then prepared an amendment to the
code limiting the amount of the length of time the tents stay up and now we have set up two
different categories, one is for commercial facilities and one is for community facilities.
Community facilities can stay up for four months within a twelve month period and with respect
to business uses, they can stay up for four months for two week intervals and there’s a twenty
five dollar fee for that for each extension of two weeks that they want. We also included a
provision in here with respect to the Department of Public Safety’s Fire Marshal’s office
inspecting the tent. So, what we really have here as a consequence of an inquiry to the Building
Department, we’ve now incorporated these changes with respect to tents and now we have a
better way to regulate tents on site to both community facilities and businesses. Unless anyone
has any questions, I will conclude.
SUPERVISOR VECCHIO: Does anyone wish to be heard for or against this?
NO RESPONSE
SUPERVISOR VECCHIO: I move to close the hearing.
COUNCILMAN MALLOY: Second
The following resolution was offered by Supervisor Vecchio and was seconded by Councilman
Malloy:
BE IT RESOLVED, that the public hearing held at the Eugene A. Cannataro Senior Citizen
Center, 420 Middle Country Road, Smithtown, New York on the 24th day of January, 2013 at
7:00 P.M., to consider proposed amendments to Chapter 273 of the Code of the Town of
Smithtown entitled Tents as it relates to permit required; exception, be and is hereby closed.
DECISION RESERVED
Smithtown Town Board
Page 25
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Regular Night Meeting
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Minutes
January 24, 2013
HEARING CLOSED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
APPOINTMENTS BY THE SUPERVISOR
((ID # 7096))
Supervisor Patrick R. Vecchio hereby appoints Kelly DeVito to the provisional position of
Executive Director of the Youth Bureau, at a rate of pay of $43.18 per hour, pending results of
medical examination and drug screening, effective February 4, 2013.
CORRESPONDENCE
1. Parade/Run/Walk - The Greater Long Island Run Club 15K Run Second Reading
NO ONE APPEARED IN OPPOSITION
RESULT:
SECOND READING
2. Parade/Run/Walk-Kings Park St. Patrick's Day Parade First Reading
NO ONE APPEARED IN OPPOSITION
RESULT:
FIRST READING
Next: 2/5/2013 2:00 PM
RESOLUTIONS
1. THE TOWN BOARD TO AUTHORIZE THE TOWN CLERK TO ADVERTISE FOR THE
FOLLOWING BIDS TO BE RETURNED TO TOWN HALL, 99 WEST MAIN STREET, P.O.
BOX 646, SMITHTOWN, NEW YORK 11787, 11:00AM ON DATES INDICATED:
(RES-2013-68)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby authorizes the Town Clerk to advertise
for bids to be returnable on February 14, 2013 at the Town Hall, 99 West Main Street,
Smithtown, New York 11787-0646 at 11:00 A.M., for Bid #13-008 Full Depth Reclamation of
Various Town Roads.
PUBLIC NOTICE
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN, that sealed proposals for Full Depth Reclamation of Various
Town Roads will be received at the Office of the Town Clerk, Town Hall, 99 West Main Street,
(Post Office Box 646), Smithtown, New York 11787-0646 until 11:00 A.M., on February 14,
2013 at which time and place they will be publicly opened and read.
Specifications may be obtained on or after January 31, 2013 from the Office of the Town Clerk
at the above address Monday through Friday, 9:00 A.M. to 4:00 P.M..
Bids should be submitted in a sealed envelope designated Bid #13-008 - Full Depth Reclamation.
Smithtown Town Board
Page 26
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Regular Night Meeting
Minutes
January 24, 2013
Each bid must be accompanied by either a certified check on a solvent bank or trust company
acceptable to the Town, or a bid bond from a surety prepared in such a form as is acceptable by
the Town. The certified check or bid bond shall be in the amount of five percent (5%) of the
total bid price and be made payable to the Town of Smithtown as assurance that the contract will
be executed if awarded to such bidders.
The Town of Smithtown reserves the right to reject any and all bids. All bids must be submitted
intact. Do not remove any pages. Non Collusive Bidding Certificate and Disclosure Statements
must accompany each bid. The Town of Smithtown encourages minority and women owned
businesses to participate in all bids.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
2. THE TOWN BOARD TO AUTHORIZE THE TOWN CLERK TO ADVERTISE FOR THE
FOLLOWING REQUEST FOR PROPOSALS TO BE RETURNED TO TOWN OF SMITHTOWN
PURCHASING DEPARTMENT, 65 MAPLE AVENUE, SMITHTOWN, NEW YORK 11787
UNTIL 4:00 P.M. ON THE DATES INDICATED:
(RES-2013-69)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby authorizes the Town Clerk to advertise
for Request For Proposals to be returnable on February 28, 2013 at the Town of Smithtown
Purchasing Department, 65 Maple Avenue, Smithtown, New York 11787-0646 until 4:00 P.M.,
for RFP #13-009 Design, Construct, Manage and Maintain a Personal Wireless
Telecommunications Facility at Callahan’s Beach, Ft. Salonga, NY.
PUBLIC NOTICE
NOTICE TO BIDDERS
NOTICE IS HEREBY GIVEN, that the Town of Smithtown is seeking sealed proposals from
qualified bidders to provide Design, Construct, Manage and Maintain a Personal Wireless
Telecommunications Facility at Callahan’s Beach, Ft. Salonga, NY.
Proposals will be received at the Town of Smithtown Purchasing Department, 65 Maple Avenue,
Smithtown, New York 11787-0646 until 4:00 P.M., on February 28, 2013.
Specifications may be obtained on or after February 4, 2013 from the above address, Monday
through Friday 8:00 A.M. to 4:00 P.M. except holidays (631) 360-7631.
One original and three (3) copies of the proposals must be submitted in a sealed envelope
designated “PIN #13-009 - “Personal Wireless Telecommunications Facility - Callahan’s Beach
(Re-Advertisement) ”.
The Town of Smithtown reserves the right to reject any and all bids. Non-Collusive Bidding
Certificates and Disclosure Statements must accompany each bid. The Town of Smithtown
encourages minority and woman owned businesses to participate in all bids.
Smithtown Town Board
Page 27
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Minutes
January 24, 2013
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
3. THE TOWN BOARD TO AWARD THE FOLLOWING BIDS AND TO AUTHORIZE THE
PURCHASE OF ASSOCIATED GOODS/SERVICES:
(RES-2013-70)
The following resolution was offered by Councilman Malloy and was seconded by Supervisor
Vecchio:
BE IT RESOLVED, that the award of Bid #12-084 for Processing and Recycling of Yard Waste
to Trinity Transportation Corp., for which bids were received and opened on November 15,
2012, be and is hereby TABLED.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
TABLED [UNANIMOUS]
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Supervisor
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-71)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that Bid #12-102 for Disposal Points for Stumps and Vegetative Debris, for
which bids were received and opened on December 13, 2012, be and is hereby awarded to the
following lowest responsible, responsive bidders pursuant to the recommendation of the
Purchasing Director; and
BE IT FURTHER RESOLVED, that the Supervisor be and is hereby authorized to sign
agreements effectuating said award, on forms to be approved by the Town Attorney.
AWARDED TO:
110 Sand Company
Omni Recycling
Dated: January 24, 2013
Smithtown Town Board
Page 28
Printed 7/17/2013
Regular Night Meeting
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Minutes
January 24, 2013
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
4. THE TOWN BOARD TO AWARD THE FOLLOWING REQUEST FOR PROPOSAL(S) PER
OPENING DATED INDICATED:
(RES-2013-72)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that Request For Proposals #12-097 for Audit and Accounting Services, for
which proposals were received and opened on December 20, 2012, be and is hereby awarded to
Albrecht, Viggiano, Zureck & Company, P.C., pursuant to the review committee consisting of
Louis Necroto, Town Comptroller, Katherine Korr, Deputy Comptroller and Joseph Kostecki,
Purchasing Director; and
BE IT FURTHER RESOLVED, that the Supervisor be and is hereby authorized to execute a
contract effectuating said award, on a form to be approved by the Town Attorney.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
5. THE TOWN BOARD TO APPROVE THE FOLLOWING:
(RES-2013-73)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby authorizes the Conservation Board to
utilize the services of Alliance Reporting Services, Inc., Court Reporter, on an as-needed basis to
produce verbatim transcripts of Conservation Board meetings for the year 2013, at a fee not to
exceed $2,500.00.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-74)
The following resolution was offered by the Town Board en masse:
Smithtown Town Board
Page 29
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Regular Night Meeting
Minutes
January 24, 2013
BE IT RESOLVED, that pursuant to the recommendation of the Town Comptroller, the Town
Board be and hereby approves an agreement between the Town of Smithtown and Munistat
Services, to provide Municipal Finance Advisory Services for the year 2013. Said agreement is
to be on a form approved by the Town Attorney.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-75)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby approves the appointment of Diane
McQuade as Petty Cash Officer in the Highway Department, effective January 25, 2013.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-76)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby authorizes the Town Clerk to issue a
Parade/Run/Walk Permit to the Greater Long Island Running Club for their annual 15K Run to
be held on Saturday, March 16, 2013 at 9:00 A.M., and to notify the proper authorities.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-77)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby authorizes the Town Attorney, or
appropriate official, to enter into a stipulation of settlement or agreement and consent to the entry
of an Order with regard to the following tax certiorari matters, for the various tax years as
indicated, pursuant to the recommendation of the Sole Assessor and Special Counsel:
Smithtown Town Board
Page 30
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Regular Night Meeting
Minutes
January 24, 2013
A.
D & A Enterprises, Inc. v. the Assessor of the Town of Smithtown. SCTM #0800-182-111.10, for the tax years 2009/2010 through 2012/2013.
B.
Arkay Real Estate, LLC v. the Assessor of the Town of Smithtown. SCTM #0800-1813-2.15, for the tax years 2011/2012 and 2012/2013.
C.
Old Nichols Village, LLC v. the Assessor of the Town of Smithtown. SCTM #0800-1672-35.7, for the tax years 2002/2003 through 2012/2013.
D.
People’s Alliance Federal Credit Union v. the Assessor of the Town of Smithtown.
SCTM #0800-181-1-1.82, for the tax years 2002/2003 through 2012/2013.
E.
Bullseye Media, Inc. v. the Assessor of the Town of Smithtown. SCTM #0800-180-1-46,
for the tax years 2011/2012 and 2012/2013.
F.
403 Lake Avenue Associates v. the Assessor of the Town of Smithtown. SCTM #080056-5-9.1, for the tax years 2010/2011 through 2012/2013.
G.
Limaj Corp., v. the Assessor of the Town of Smithtown. SCTM #0800-185-1-20, for the
tax years 2006/2007 through 2012/2013.
H.
Rechler Equity B-1, LLC v. the Assessor of the Town of Smithtown. SCTM #0800-1852-37.2, for the tax years 2005/2006 through 2012/2013.
I.
Haig Realty corp., v. the Assessor of the Town of Smithtown. SCTM #0800-185-2-12,
for the tax years 2007/2008 through 2012/2013.
J.
Pontone Brothers Corp., v. the Assessor of the Town of Smithtown. SCTM #0800-1851-33, for the tax years 2007/2008 through 2012/2013.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-78)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that pursuant to the recommendation of the Traffic Safety Director, the
Town Board be and hereby authorizes the retention of services of Nelson & Pope Engineers &
Surveyor, PLLC, as design consultant engineering services associated with the Federal Aide
Project for Emergency Preemption of Traffic Signals in the Town of Smithtown. Said agreement
is to be on a form approved by the Town Attorney.
Dated: January 24, 2013
Smithtown Town Board
Page 31
Printed 7/17/2013
Regular Night Meeting
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Minutes
January 24, 2013
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-79)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that Resolution #2013-62 of the Town Board Meeting held on January 8th,
2013 regarding the appointment of Joseph T. Saggese as a member of the Board of Ethics, be
and is hereby RESCINDED.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-80)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby appoints Joseph T. Saggese as a
member of the Board of Ethics, to fill the unexpired term of Patrick O’Leary, for a term of office
commencing on January 1, 2013 through December 31, 2013.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-81)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby approves the following salaries for
appointees and exempt employees for the Year 2013:
DEPARTMENT
TITLE
SALARY
Supervisor
Deputy Supervisor
Secretary to Supervisor
Part-time Legislative Secretary
$ 5,000.00
$95,099.00
$17.51 per hour
Town Council
Legislative Secretary
$49,211.00
Smithtown Town Board
Page 32
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Regular Night Meeting
Minutes
January 24, 2013
Town Attorney
Town Attorney
Senior Assistant Town Attorney
Deputy Town Attorney
Assistant Town Attorney
Secretary to the Town Attorney
Part-time Assistant Town Attorney
Part-time Assistant Town Attorney
$125,000.00
$103,140.00
$ 95,000.00
$ 71,800.00
$ 33,146.00
$ 35.00 per hour
$ 28.84 per hour
Comptroller
Town Comptroller
$100,000.00
Budget
Budget Officer
$ 10,000.00
Personnel
Town Personnel Officer
$115,176.00
Assessor
Assistant Town Attorney
$ 70,147.00
Board of Assessment Review
Chairman
Member
Member
$
$
$
Parking Violations
Hearing Officer
$ 15,000.00
Highway
Deputy Highway Superintendent
Secretary to Highway
Superintendent
$ 80,000.00
$ 62,772.00
Zoning Board of Appeals
Chairman
Member
Member
Member
Member
$
$
$
$
$
13,200.00
10,010.00
10,010.00
10,010.00
10,010.00
Planning Board
Chairman
Member
Member
Member
Member
$
$
$
$
$
13,200.00
10,010.00
10,010.00
10,010.00
10,010.00
Town Historian
Historian
$
8,000.00
5,375.00
4,300.00
4,300.00
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-82)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby approves an extension to the agreement
with Wehran LFG Services, LLC, for professional operation, monitoring and maintenance
Smithtown Town Board
Page 33
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Regular Night Meeting
Minutes
January 24, 2013
services for the Municipal Services Facility gas flare, so as to maintain compliance with Federal
and State air pollution prevention requirements, at a cost not to exceed $6,250.00 per month,
through December 31, 2013.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-83)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby approves the proposal from L.K.
McLean Associates, P.C., for the preparation of a new local solid waste management plan,
pursuant to New York State regulations 6NYCRR part 360 Section 15.9, at a cost not to exceed
$39,690.00; and
BE IT FURTHER RESOLVED, that the Supervisor be and is hereby authorized to sign an
agreement effectuating said services, on a form to be approved by the Town Attorney.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-84)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby authorizes Kenneth Bernardini, Audio
Visual Production Specialist in the Department of Public Safety, to document and attend the
Marine Corps. Educators Workshop at Paris Island, South Carolina, from Tuesday, April 2nd,
2013 through Friday, April 5th, 2013, at no cost to the Town.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-85)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board of the Town of Smithtown be and hereby directs the
Smithtown Town Board
Page 34
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Regular Night Meeting
Minutes
January 24, 2013
Town Attorney to communicate directly with the Office of the Governor for the purpose of
transferring certain real property from the State located at the Kings Park Psychiatric Center to
the Town of Smithtown, for recreational purposes.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
ABSENT:
ADOPTED [3 TO 1]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Edward R. Wehrheim, Robert J. Creighton, Kevin J. Malloy
Patrick R. Vecchio
Thomas J. McCarthy
(RES-2013-86)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby authorizes Peter D. Johnson, IAO
Assessor, to attend the New York State Assessor’s Association Seminar on Agricultural
Exemptions on February 1st, 2013 in Hudson, new York. A registration fee of $90.00 is to be a
Town expenditure in accordance with existing Town guidelines; and
BE IT FURTHER RESOLVED, that the Town Board be and hereby authorizes the use of a
Town vehicle to attend said seminar.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-87)
This resolution was amended on July 16, 2013 by Town Board Resolution #2013-685.
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby approves Supervisor Patrick R.
Vecchio’s appointment of Kelly DeVito to the provisional position of Executive Director of the
Youth Bureau, at a rate of pay of $43.18 per hour, pending results of medical examination and
drug screening, effective February 4, 2013.
Dated: January 24, 2013
Smithtown Town Board
Page 35
Printed 7/17/2013
Regular Night Meeting
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Minutes
January 24, 2013
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
6. THE TOWN BOARD TO AUTHORIZE THE COMPTROLLER TO EXECUTE THE
FOLLOWING:
(RES-2013-88)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Comptroller be and is hereby authorized to transfer $100.00 from
Account Code A.7620.0440 (Mileage) into Account Code A.7627.0440 (SCHMP Mileage) in
the amount of $100.00. Transfer necessary to cover the cost of mileage in the Senior Citizens
Department, said funds should be withdrawn from the 2012 budget year.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-89)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Comptroller be and is hereby authorized to transfer $7,562.45 from
Account Code A.8162.0423 (Electric Service) into Account Code A.8162.0452 (Plant
Maintenance) in the amount of $7,562.45. Transfer necessary for Hurricane Sandy Voucher,
2012.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-90)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Comptroller be and is hereby authorized to transfer $6,000.00 from
Account Code DM.5130.0478 (Tool Allowance) into Account Code DM.5130.0190 (Tool
Allowance Payroll Deduction) in the amount of $6,000.00 for the Highway Department’s tool
allowance payroll deduction 2012.
Dated: January 24, 2013
Smithtown Town Board
Page 36
Printed 7/17/2013
Regular Night Meeting
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Minutes
January 24, 2013
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-91)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Comptroller be and is hereby authorized to transfer $50.00 from
Account Code B.3720.0446 (Uniform Allowance) into Account Code B.3720.0411 (Office
Supplies) in the amount of $50.00 for the Department of Public Safety.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-92)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Comptroller be and is hereby authorized to transfer $400.00 from
Account Code B.8020.0444 (Professional Services) into Account Code B.8021.0434 (Copy
Machine Rental) in the amount of $400.00. Transfer necessary to pay monthly fee for copy
machine for the month of December, 2012 in the Planning Department.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-93)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Comptroller be and is hereby authorized to transfer $150.00 from
Account Code A.1315.0440 (Mileage) into Account Code A.1315.0411 (Office Supplies) in the
amount of $150.00. Transfer necessary to cover office supplies for 2012 in the Comptroller’s
office.
Dated: January 24, 2013
Smithtown Town Board
Page 37
Printed 7/17/2013
Regular Night Meeting
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Minutes
January 24, 2013
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-94)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Comptroller be and is hereby authorized to transfer $4,000.00 from
Account Code DR.5112.0266 (Sidewalk Repair) into Account Code DR.5110.0479 (Tools
Costing Under $500) in the amount of $4,000.00. Transfer necessary to cover storm related
items in the 2012 Highway Department budget.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-95)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Comptroller be and is hereby authorized to transfer $300.00 from
Account Code DR.5112.0266 (Sidewalk Repair) into Account Code DR.5110.0411 (Office
Supplies) in the amount of $300.00. Transfer necessary to cover office supplies in the Highway
Department’s 2012 budget.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-96)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Comptroller be and is hereby authorized to transfer $3,500.00 from
Account Code DR.5112.0266 (Sidewalk Repair) into Account Code DR.5110.0402 (Fuel CNG)
in the amount of $3,500.00. Transfer necessary to cover fuel cost from storm in the Highway
Department’s 2012 budget.
Dated: January 24, 2013
Smithtown Town Board
Page 38
Printed 7/17/2013
Regular Night Meeting
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Minutes
January 24, 2013
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-97)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Comptroller be and is hereby authorized to transfer $2,000.00 from
Account Code DR.5112.0266 (Sidewalk Repair) into Account Code DR.8540.0264 (Drainage &
Improvements) in the amount of $2,000.00. Transfer necessary to cover drainage costs in the
Highway Department’s 2012 budget.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-98)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Comptroller be and is hereby authorized to transfer $3,380.00 from
Account Code A.8160.0452 (Plant Maintenance) into Account Code A.8162.0451 (Motor
Vehicle Maintenance) in the amount of $3,380.00. Transfer necessary to cover payment of 2012
equipment repair bill in the Municipal Services Facility.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-99)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Comptroller be and is hereby authorized to transfer $3,000.00 from
Account Code A.8162.0423 (Electric Service) into Account Code A.8162.0496 (Shredder
Maintenance) in the amount of $3,000.00. Transfer necessary to cover a 2012 Morbark repair in
the Municipal Services Facility.
Dated: January 24, 2013
Smithtown Town Board
Page 39
Printed 7/17/2013
Regular Night Meeting
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Minutes
January 24, 2013
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
7. THE TOWN BOARD TO AUTHORIZE THE SUPERVISOR TO EXECUTE THE FOLLOWING
ON A FORM APPROVED BY THE TOWN ATTORNEY:
(RES-2013-100)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Supervisor be and is hereby authorized to execute an agreement
between the Town of Smithtown and Heart & Health, LLC, to provide free heart screenings for
Town employees and their families on or about February 21, 2013. Said agreement is to be on a
form approved by the Town Attorney.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-101)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Supervisor be and is hereby authorized to execute a Revocable
Permit agreement between the Town of Smithtown and the New York State Office of Parks,
Recreation and Historic Preservation for the use and maintenance of Kings Park Boulevard and
Flynn Road on the former Kings Park Psychiatric Center property, effective January 1, 2013
through December 31, 2013. Said agreement is to be on a form approved by the Town Attorney.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-102)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Supervisor be and is hereby authorized to execute an agreement
between the Town of Smithtown and James Faith Entertainment, to provide entertainment
services at the Town’s 2013 Summer Concert Series at Hoyt Farm Park. Said agreement is to be
on a form approved by the Town Attorney.
Dated: January 24, 2013
Smithtown Town Board
Page 40
Printed 7/17/2013
Regular Night Meeting
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Minutes
January 24, 2013
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-103)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Supervisor be and is hereby authorized to execute an agreement
between the Town of Smithtown and John J. Malone, to provide professional consulting services
for the Horizons Counseling and Education Center, all fees are one hundred percent reimbursed
by the County of Suffolk, effective February 1, 2013 through January 31, 2014. Said agreement
is to be on a form approved by the Town Attorney.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-104)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Supervisor be and is hereby authorized to execute an agreement
between the Town of Smithtown and Donna Reinesch, to provide professional consulting
services for the Horizons Counseling and Education Center, all fees are one hundred percent
reimbursed through the County of Suffolk, effective February 1, 2013 through January 31, 2014.
Said agreement is to be on a form approved by the Town Attorney.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-105)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Supervisor be and is hereby authorized to execute an agreement
between the Town of Smithtown and Stephanie Sloan, to provide professional consulting
services for the Horizons Counseling and Education Center, all fees are one hundred percent
reimbursed through the County of Suffolk, effective February 1, 2013 through January 31, 2014.
Said agreement is to be on a form approved by the Town Attorney.
Dated: January 24, 2013
Smithtown Town Board
Page 41
Printed 7/17/2013
Regular Night Meeting
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Minutes
January 24, 2013
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
8. THE TOWN BOARD TO AUTHORIZE THE ACCEPTANCE OF THE FOLLOWING:
(RES-2013-106)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby accepts the donation of synthetic turf
maintenance for the upkeep of field Nos. 97 and 155 at the Veterans Memorial Park located on
Moriches Road, St. James from the Smithtown Kickers, Inc., at an approximate value of
$3,000.00; and
BE IT FURTHER RESOLVED, that the Supervisor be and is hereby authorized to enter into an
agreement with said organization regarding completion of this project, on a form to be approved
by the Town Attorney.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-107)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that pursuant to the recommendation of the Engineering Department, the
Comptroller be and is hereby authorized to establish an escrow account in the amount of $600.00
(Town Receipt I.D. #003213011000) for Michael Panebianco, 81 Sunrise Lane, Smithtown, New
York. Said monies posted to guarantee driveway apron for Permit #130752, SCTM #0800-1272-17.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
PERSONNEL
9. THE TOWN BOARD TO APPROVE THE FOLLOWING PERSONNEL MATTERS:
(RES-2013-108)
The following resolution was offered by the Town Board en masse:
Smithtown Town Board
Page 42
Printed 7/17/2013
Regular Night Meeting
Minutes
January 24, 2013
BE IT RESOLVED, that the Town Board be and hereby approves the provisional full-time
appointment of Rosemary Flynn-Fazio to the position of Assessment Assistant in the Office of
the Assessor, at a rate of pay of $22.47 per hour, effective January 28, 2013.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-109)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby approves the part-time appointment of
Frank Giardina to the position of Ordinance Inspector in the Department of Public Safety, at a
rate of pay of $18.14 per hour, not to exceed ½ the normal work week, effective January 28,
2013.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-110)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby approves the temporary full-time
appointment of Steven J. Chudyk to the position of mini-bus driver in the Senior Citizens
Department, at a rate of pay of $17.80 per hour, effective January 28, 2013.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-111)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby accepts the volunteer services of
Thomas Lyman to the position of Student Intern in the Department of Public Safety, effective
January 28, 2013.
Smithtown Town Board
Page 43
Printed 7/17/2013
Regular Night Meeting
Minutes
January 24, 2013
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-112)
The following resolution was offered by the Town Board en masse:
BE IT RESOLVED, that the Town Board be and hereby approves the part-time appointment of
Jessica Butindari to the position of Drug Counselor in the Horizons Counseling and Education
Department, at a rate of pay of $13.75 per hour, salary is one hundred percent reimbursed by the
County of Suffolk, not to exceed ½ the normal work week, effective January 28, 2013.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
The Town Board sitting as a Board of site Plan Review, to consider the following:
(RES-2013-113)
The following resolution was offered by the Town Board sitting as the Board of Site Plan
Review en masse:
BE IT RESOLVED, that the Board of Site Plan Review be and hereby approves the site plan
application of 2170 Jericho Turnpike (Wendy’s), #12-13, subject to the conditions as
recommended and enumerated by the Planning Department, for a modification to a previously
approved Site Plan application to facilitate the installation of a sanitary system for the proposed
construction of a 3,610 square feet counter service restaurant, on property located on the south
side of Jericho Turnpike, 305 feet east of Ledgewood Drive, Smithtown, NY, Zoning District
WSI, SCTMA #800-97-2-41.1.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
READ-ONS:
(RES-2013-114)
The following resolution was offered by Supervisor Vecchio and was seconded by Councilman
Malloy:
Smithtown Town Board
Page 44
Printed 7/17/2013
Regular Night Meeting
Minutes
January 24, 2013
BE IT RESOLVED, that the Town Board of the Town of Smithtown be and hereby supports the
County of Suffolk’s application to the Empire Development Corporation (“EDC”) seeking their
approval of a Suffolk County Land Bank to better address the ongoing problem of tax
delinquent, abandoned and environmentally-contaminated properties known as “Brownfields
Properties”, in the County of Suffolk through a proposed Suffolk County Land Bank.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
(RES-2013-115)
The following resolution was offered by Supervisor Vecchio and was seconded by Councilman
Malloy:
BE IT RESOLVED, that the Town Board be and hereby schedules a work session to be held at
the Victor T. Liss Board Room, Town Hall, 99 West Main Street, Smithtown, New York, on
Monday, February 4th, 2013, at 10:00 A.M.
Dated: January 24, 2013
RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin
J. Malloy
Thomas J. McCarthy
PUBLIC SPEAKERS:
SUPERVISOR VECCHIO: Charles Riviello?
CHARLES RIVIELLO, COUNTRY VIEW ESTATES PRESIDENT, 42 GAZEBO LANE,
SMITHTOWN: Thank you Mr. Vecchio and Town Board for letting me speak. I am from
Country View Estates, I am the President of the Board of Managers right down the street from
the Town and we’d be remiss in saying that the Town helped us in the past I don’t know if you
remember that horrible snow storm where our landscaping people didn’t show up, you bailed us
out on that, you helped us with closing that road going into the municipal parking lot and we
haven’t forgotten that and we are really grateful for that. I’m am here about the affordable units,
we have eight affordable units in Country View Estates and one of them is in violation, it was in
violation from the beginning. The woman and her daughter moved in, in approximately July of
2007. She moved out, the over fifty five year old moved out and left her daughter there and
basically never moved back in. We eventually went to the Town, I think it was Elaine Learnard
the affordable housing and we went to the Town Attorney, we gave him proof we gave him
records that she voted somewhere else, that she didn’t live there, residents were concerned that
somebody else could get that unit and didn’t get that unit and in the meantime, things got worse
and the Town did nothing about it and the son moved in, her son moved in. Her son had been a
nuisance police have been called several times not doing any harm to any of the residents there,
but they had the order of protection taken to Stony Brook, etcetera, etcetera and then we went
again to the Town and the Town with proof, black and white proof that she did not live there, she
lived at 12 Park Drive, we gave all the proof that we had, voting records and etcetera, and it was
just ignored and now the fourteen or fifteen residents are here, we don’t want to be here and trash
anybody but they’re afraid. I’ll just give you what he did last week that young man because now
Smithtown Town Board
Page 45
Printed 7/17/2013
Regular Night Meeting
Minutes
January 24, 2013
the daughter has moved out, we don’t know where she is, she comes back once in awhile, at five
o’clock in the morning the young man was down lifting the manhole down, put a ladder down
the manhole, he was in the manhole. What are you doing, I get up five o’clock in the morning, I
go work out, what are you doing here? I’m looking for my ring, a twenty five hundred dollar
ring got lost. The next night, at eleven o’clock at night he’s banging on peoples’ doors asking
for forty dollars, the people here, the residents are afraid. We have two residents who once
spoke to Mr. Creighton, Kathleen, and one spoke to Mr. Wehrheim, Jim, you know what I’m
talking about and nothing’s been done. It’s against the rules, it says, the rules clearly state that
you have to be over fifty five and be a permanent resident and she’s not a permanent resident,
she’s never been a permanent resident, that’s the grandmother. The daughter is under fifty five,
the child is about thirty years old they’re in violation and we need your help and we need
something done.
JOHN ZOLLO, TOWN ATTORNEY: Mr. Supervisor, I’m prepared to address this if you’d
like.
SUPERVISOR VECCHIO: No, I do have a recollection of this, well I just need to tell you that
this complaint came a year or two, also?
CHARLES RIVIELLO: Oh yeah, this is the second or third time.
SUPERVISOR VECCHIO: Well, all those apartments were given out by the Long Island
Partnership, correct?
CHARLES RIVIELLO: Yes.
SUPERVISOR VECCHIO: I believe we did make a phone call from the Long Island
Partnership and they refused to involve themselves at that time.
JOHN ZOLLO, TOWN ATTORNEY: Mr. Supervisor, if I might. I was not here that, we have
complaints at least in our file from 2009, Jessica Schubert was the Assistant Town Attorney who
was looking into this and it’s not a simple and clear cut case. Recently and I guess it was June of
2012, Councilman Creighton asked me to look into this and I did. I had the Department of
Public Safety look into it and the mother owns the premises with her daughter and that’s
consistent with what the covenants say. We’ve recommended, you have a counselor for your
homeowner’s association, to meet with him. We don’t believe and I don’t believe it’s our
responsibility to enforce that.
CHARLES RIVIELLO: But that’s not what it says here, Sir.
JOHN ZOLLO, TOWN ATTORNEY: Okay, but I read the covenants
CHARLES RIVIELLO: That’s not what it says here, it says that you are responsible.
JOHN ZOLLO, TOWN ATTORNEY: It’s a covenant that was imposed on the property as part
of a re-zoning. The Board, and you know this and the question really becomes do you people
want to take on the enforcement on your own, on your own regulations and bylaws and you can,
and I believe Mr. Cohen is your attorney.
CHARLES RIVIELLO: Right.
JOHN ZOLLO, TOWN ATTORNEY: But I will tell you our investigation indicate that the
mother owns it and…
CHARLES RIVIELLO: She doesn’t live there! She never lived there! You want these people
to get up there and stand up and tell you that she doesn’t live there, you want fifteen people to
come up? What do you need, Mr. Zollo?
SUPERVISOR VECCHIO: Now, Mr. Riviello.
CHARLES RIVIELLO: Yes?
Smithtown Town Board
Page 46
Printed 7/17/2013
Regular Night Meeting
Minutes
January 24, 2013
SUPERVISOR VECCHIO: In all fairness, the apartments once again, were given out or the
lottery was given by the Long Island Partnership Association. He now recollects to me when I
made we were told that there was a legitimate owner. Now, we can’t be in the detective business
of knocking on doors to see if somebody lives there.
CHARLES RIVIELLO: We did that work, Sir. We did that work for you. What else do you
need?
SUPERVISOR VECCHIO: Okay, well
JOHN ZOLLO, TOWN ATTORNEY: I’m just going to, if I might, and you might not want to
hear this from me but I can’t always tell you what you want to hear. The conditions are: number
ten, ownership of all units shall be restricted to persons of fifty five years of age or older. That’s
number eleven. Number twelve, occupancy of all units shall be restricted to persons of fifty five
years of age or order and may include one additional member of their immediate family or a
companion including a child who is eighteen years of age or older, and what you’re telling me is
I am guaranteeing you that a Judge if you went to Court to try to enforce this, is not going to
throw the person out, he is not going to find a violation.
CHARLES RIVIELLO: But there are two people in violation.
JOHN ZOLLO, TOWN ATTORNEY: Do you hear what I’m saying to you? It might not be
what you want to hear but remember this, ownership is by the mother and the daughter, they own
it together, the son can come visit, whether he might stay over night, maybe, but you’re not
going to be able to prove this case in Court and you, as a Board, can spend your resources with
your attorney, Mr. Cohen and do what you want to enforcement. As we told Mr. Cohen, if you
check with him, we said we would offer to assist you if you wanted us to, but we’re not going to
take on the responsibility of enforcing that because…
CHARLES RIVIELLO: You’re saying that a person under fifty five, two people under fifty five
can live there when the mother who is supposed to be over fifty five to acquire the unit, never
had any intention to acquire the unit but to put her daughter and her grandson there.
JOHN ZOLLO, TOWN ATTORNEY: You’re not going to get a Court to stop that.
CHARLES RIVIELLO: How do you know that?
JOHN ZOLLO, TOWN ATTORNEY: I know the law and I know what’s going to happen.
CHARLES RIVIELLO: So, what you’re saying is this, what you’re saying is there are people
here who are afraid to come here. There are people here, this guy is a time bomb, I hate to say
that.
JOHN ZOLLO, TOWN ATTORNEY: Then call the police.
CHARLES RIVIELLO: We call the police, Sir, you’re right, I call the police when he was going
down the sewer. What crime did he commit? What crime, I’m a former Lieutenant, what crime
did he commit banging on peoples’ doors, he hasn’t breeched that, he’s been locked up for
beating up his father in front of the James Cress Florist shop. The guy is a walking time bomb
and you’re putting these people in jeopardy, and now we’re on record that you know about it.
JOHN ZOLLO, TOWN ATTORNEY: But it’s not the Town’s responsibility and you have the
ability to…
CHARLES RIVIELLO: Well, I beg to differ, it says it right here.
JOHN ZOLLO, TOWN ATTORNEY: It doesn’t say that.
CHARLES RIVIELLO: Our foregoing obligations of affordable units will be monitored by the
Town of Smithtown, black and white, finish the sentence.
JOHN ZOLLO, TOWN ATTORNEY: Okay.
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CHARLES RIVIELLO: Sorry, Mr. Creighton, I lost my temper but it’s upsetting and it’s
upsetting to these people here.
COUNCILMAN CREIGHTON: It’s alright, I think we all understand and sympathize with that,
but I have a question. Who controls the complex?
CHARLES RIVIELLO: The Board of Managers.
COUNCILMAN CREIGHTON: Has the Board of Managers addressed this problem?
CHARLES RIVIELLO: We tried to address the problem, we tried to, we went to the Town
because it says right here in the book that we’re supposed to go to the Town.
COUNCILMAN CREIGHTON: And how did they respond?
JOHN ZOLLO, TOWN ATTORNEY: The monitoring is for the affordability, that’s what the
monitoring is for, that’s what the monitoring is for and again, you do have the ability, you have
counsel, if you all felt that strongly about it, you could take the action yourself. Why come to us
and say do it for us? I’m telling you, we don’t have the legal obligation to do that, you might
disagree with me on that and I apologize to you, I don’t have to agree with you. I’m also telling
you the monitoring is for affordable housing. We can not, you’re telling me you have this person
who’s, who’s dangerous and threatening, that’s law enforcement matters, deal with the police
officers on that, get order of protections for people who are afraid of him, keep him off the
premises. That’s not the Town’s responsibility to do that and I can’t be any clearer on that.
CHARLES RIVIELLO: So, the woman who bought the thing originally because it says in the
affordable units that she had to be over fifty five and never lived there and is getting away with
it, that’s what you’re telling me.
JOHN ZOLLO, TOWN ATTORNEY: I’m not telling you…
COUNCILMAN CREIGHTON: Can I go back a minute? I’m going to use another similar
situation, my son, at one point lived at a complex like that. If he put the wrong flowers in front
of his house, the Beautification Committee would come and tell him he had to take them out.
Now, can’t the Board itself say this guy’s got to go? Isn’t it their responsibility to get him out of
there? We call the police I know Mrs. Heuschneider has.
CHARLES RIVIELLO: You know what our lawyer told us? He told us as soon as we went in
Court, that woman that lives at 14 Park Drive, she’d move back in there for a couple of months,
you’d be out four five thousand dollars and then she’d move back in but the thing is, she wasn’t
there, she doesn’t live there.
JOHN ZOLLO, TOWN ATTORNEY: But why can your lawyer tell you that and you listen to
him, I’m telling you the same thing and I don’t know what I’m talking about? Why is that?
CHARLES RIVIELLO: Well, because she’ll move back in but you know she doesn’t live there,
you know that!
JOHN ZOLLO, TOWN ATTORNEY: But so do you, then have your attorney take the action
because I’m sure he’ll be as successful as I would be in Court on this case.
CHARLES RIVIELLO: Well why can’t they pay? Why burden the senior citizens of Country
View Estates with a seven or eight thousand dollar bill?
JOHN ZOLLO, TOWN ATTORNEY: I’m going to make this, as my Planning Director
mentioned to me, knowing it and proving it are two different things. In a Court of Law…
CHARLES RIVIELLO: Oh, I can prove it!
JOHN ZOLLO, TOWN ATTORNEY: Okay, so why don’t you go to Court with your
association?
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CHARLES RIVIELLO: It’s a violation of law to vote in a district that you don’t live in, not a
violation, it’s a crime.
COUNCILMAN CREIGHTON: The Election Law.
CHARLES RIVIELLO: It’s a crime. Thank you.
APPLAUSE
SUPERVISOR VECCHIO: Jeffrey Ferrero? Linda Henninger?
LINDA HENNINGER, 1 MEADOWOOD LANE, FORT SALONGA: Hi, Linda Henninger, 1
Meadowood Lane, Northport, New York, President of Kings Park Neighbor’s Association. On
December 29th, 2006, Senator John Flanagan announced that the Kings Park Psychiatric Center
property had officially been transferred to New York State Parks. The three hundred and sixty
plus acres of property was placed into the Nissequogue Rivers State Park and as the Senator
stated to the residents of the community, this move will help relieve some of the concerns
regarding the future development on this site. The shift further protects the residents by
requiring the State to continue payments to the Kings Park School District. The Kings Park
community deserves their rights will be respected. This park will become one of the crown
jewels of the State Parks system. I am equally committed protecting the rights of the
community, this is a park now and it should always remain a park, these are the words of Senator
Flanagan. Just today Senator Flanagan has assured his constituents that he’s committed to the
entire Nissequogue River State Park. It is astonishing to me that after years of fending off one
attempted development grab of this land after another, we stand here tonight with the architects
of a new land grab being several of our Town elected officials. What this Board should be doing
instead of asking for the alienation of State parkland, is asking for the Governor to move forward
with a master plan for this property, a plan which would include recreation. Community
members work long and hard sacrificing time and family to see to it that this former hospital
property was protected, to see that the polluter of the property, the State, paid for the
remediation. While the community along with Senator Flanagan protected this land, it is the
Nissequogue River State Park, and again by Senator’s work, cleanup is beginning. To make any
attempt of alienation of this land for whatever purpose or for whatever proposed reason, would
be a grave mistake. It would hurt our school district in perpetuity. It would create an unalterable precedent. It’s irresponsible and unacceptable. If this Town Board wants land for
recreational purposes, look to the land it already owns, land that has been already designated for
park use, or look to the State to do so through a planning process and possible lease, which
would protect the Kings Park School District and the property from any possible undesirable
development such as leaching fields, and certainly, by speaking with our State representative,
Senator Flanagan. Thank you.
SUPERVISOR VECCHIO: Thank you. Mike Rosato?
MIKE ROSATO, NISSEQUOGUE RIVER STATE PARK FOUNDATION, 12 COUNTRY
OAKS DRIVE, KINGS PARK: Members of the Town Board, I’m Mike Rosato, representing
the Nissequogue River State Park Foundation. The attorney’s request, the Town attorney’s
request to transfer certain real property from the State located at the Kings Park Psychiatric
Center to the Town of Smithtown is not only insulting to the Nissequogue River State Park
Foundation but also to the Kings Park Civic Association which I am also a representative of, and
Senator Flanagan and to all the residents who worked tirelessly to create the Nissequogue River
State Park. Our efforts have recently led to the first phase of the cleanup and will eventually lead
to the transformation of the grounds from a former state hospital to an active State park. It
should first be pointed out that the New York State Park’s recent response to the DEIS for the
Uplands and St. Johnland project, not only did the State Park’s express their concerns about the
environmental impacts of this project, but they also corrected the reference that, excuse me, but
they also made clear reference that the property is no longer called the Kings Park Psychiatric
Center but it belongs to New York State Parks, so please refer to the property as the Nissequogue
River State Park. Secondly, the Nissequogue River State Park Foundation has repeatedly asked
Councilman Creighton, Wehrheim and Malloy to support an effort to create the park’s master
plan, which would help facilitate its cleanup and provide a blueprint for the park’s future uses,
including recreational fields, but they have refused to help. The KPCA has asked these
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councilmen, these same councilmen to support a land swap with St. Johnland. This land swap
would benefit both the local environment and the community. It would have also allowed St.
Johnland to build its proposed CCRC on a previously developed portion of the park in exchange
for preserving up to eighty acres of additional parkland connecting the Nissequogue River State
Park and the Sunken Meadow State Park, but again, they rebuffed our efforts. Even with State
Parks and Senator Flanagan’s support of these common sense proposals, these councilmen have
been plotting for years to acquire this property, apparently, for their own self interests in an
election year. Their proposal to acquire State park property makes no sense for a myriad of
reasons. First of all, it would have negative tax implications for the Kings Park School District,
which they are well aware of. If they were serious about using this property for recreational
purposes, they would have proposed a lease agreement instead of an acquisition. It also, it’s also
in no one’s best interest to piecemeal the development of the park before the creation of a master
plan, since a plan would guide the park’s emergence as a viable multi-use facility and determine
what infrastructure would be needed to support it. The Town also has several parcels of land that
could be used for recreational fields, which has been pointed out to them on numerous occasions.
So, the councilmen’s interest in fifty five acres, which is extremely substantial for recreational
fields, is very suspicious and is very unlikely to be supported by Senator Flanagan and State
Parks.
SUPERVISOR VECCHIO: Mr. Rosato, your three minutes are up.
MIKE ROSATO: I got one more sentence. We implore these councilmen to do your homework,
listen to the legitimate concerns of the community and your peers and make sound decisions that
have long term benefits to the quality of life of our residents. Thank you.
COUNCILMAN CREIGHTON: Excuse me, Mr. Rosato, before you go. Did you say that we
were plotting for years? Is that the word you used?
COUNCILMAN MALLOY: Yes it is.
COUNCILMAN CREIGHTON: That’s the second time, and I’m going to tell you, the last time
you were at a Town Board meeting, you and Mr. Lehmann made a very specific comment that
three councilmen right here had a secret meeting with the County Executive.
MIKE ROSATO: I don’t believe I used those words, Councilman.
COUNCILMAN MALLOY: Yes you did!
MIKE ROSATO: I said “secret meeting”, no I didn’t say that.
COUNCILMAN CREIGHTON: And I’m going to tell you that’s an out and out lie. Did you
hear what I said to you?
MIKE ROSATO: Excuse me, my comments are on record and I did not say “secret meeting”.
COUNCILMAN CREIGHTON: I’m telling you that is an out and out lie and now your plan or
your idea that we have been plotting for years is down right idiotic.
MIKE ROSATO: Well, I disagree with you, Councilman, because I’ve had numerous
conversations with Councilman Wehrheim who’s told me repeatedly that he’s like to acquire a
piece of that property for development.
COUNCILMAN WEHRHEIM: Hold on, Mr. Rosato, let’s be fair.
MIKE ROSATO: Tell me, but wait, tell me that’s not true!
COUNCILMAN MALLOY: Let him answer!
COUNCILMAN WEHRHEIM: Let me answer. When the property was looking to be taken
over by Arca to build ten thousand homes…
MIKE ROSATO: Twenty five hundred homes, twenty five.
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COUNCILMAN WEHRHEIM: I began talking about that it would never be acceptable, that
there was a lot of avenues down there for recreational development, that’s far before any of this
other of these incidents were talked about.
MIKE ROSATO: Right.
COUNCILMAN WEHRHEIM: This goes way back. Those were thoughts about saving that
property as opposed to allowing ten thousand homes to be built on there, we joined that fight, we
joined that fight and I really think it’s premature, this is a letter to see if there is any interest on a
myriad of things including the possibility of lease agreements, etcetera. That’s what we’re
doing. We’re not land grabbing anything and I believe honestly, if we’re honest with each other,
you know us better than that, you do know us, and you did say that we held meetings with the
County Executive…
MIKE ROSATO: No, no, no!
COUNCILMAN WEHRHEIM: This is what you said…
MIKE ROSATO: No, no, no, you’re wrong…
COUNCILMAN WEHRHEIM: Excuse me, excuse me, allow me to finish!
COUNCILMAN MALLOY: Allow him to speak!!
MIKE ROSATO: Okay.
COUNCILMAN WEHRHEIM: What you said, and it’s not verbatim is, there were three Board
members that met with the County Executive to discuss development on the Psych Center.
That’s an absolute lie.
MIKE ROSATO: Councilman Wehrheim, that was not me.
UNIDENTIFIED VOICE: That was me, I’ll address that.
COUNCILMAN WEHRHEIM: You referenced is also. That’s what the both of you said.
SUPERVISOR VECCHIO: Wait, one at a time can speak
MIKE ROSATO: First of all, you’re accusing me of something that I never said, the person who
said just owned up to it.
COUNCILMAN WEHRHEIM: We’ll get the record, okay, and when you read it…
MIKE ROSATO: Let’s be honest with one another. Now, we’ve had numerous conversations
about you wanting to acquire a piece of the park property for development purposes, you’ve
always felt that it should be mixed development on the property.
COUNCILMAN WEHRHEIM: That’s correct, that’s correct.
MIKE ROSATO:
Creighton.
So, and you’ve been with him during these conversations, Councilman
COUNCILMAN WEHRHEIM: That’s correct.
MIKE ROSATO: So, don’t deny that’s not the fact because what I’m saying here is absolutely
true. My words are on record at the last meeting and at this meeting and everything I say is
factual.
COUNCILMAN CREIGHTON: I am denying that you said that we have been plotting.
COUNCILMAN WEHRHEIM: That what, we’re after a land grab for property at the Psych
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Center? What does that mean?
COUNCILMAN CREIGHTON: That we’re plotting.
MIKE ROSATO: Did I say you were land grabbing? I said that you’ve been plotting to acquire
a piece of the property for purposes that don’t have to do with recreation.
COUNCILMAN CREIGHTON: That’s not true, that is not true!
MIKE ROSATO: Councilman Wehrheim, then you would be lying to me if you said it wasn’t
true.
COUNCILMAN WEHRHEIM: No, when asked way back early on when asked about my
feelings on that property, I did say that it would be a wonderful piece of property for mixed
development for the community. That was before it ever got turned over to parkland. After that,
Senator Flanagan himself, that’s when it was up in the air as to what they were going to do, and
honestly, a company called Arca was coming in after Lam Associates were ridden out of town by
the residents, which is their prerogative, then Arca came in and wanted to build low income
housing and I believe they referenced at one point like ten thousand units.
MIKE ROSATO: No, no, eighteen hundred.
COUNCILMAN WEHRHEIM: Okay, I said at that time that I felt that the property would be
suitable for a mixed development use. I think Mr. DeRubeis even drew up some plans, there was
recreation, there was residential, there was some commercial, some senior housing…
MIKE ROSATO: Councilman Wehrheim, with all due respect…
SUPERVISOR VECCHIO: No, wait, allow him to finish!
COUNCILMAN WEHRHEIM: Allow me to finish…
MIKE ROSATO: You spoke, you spoke about, you spoke about way past that time.
COUNCILMAN WEHRHEIM: When, after those conversations…
MIKE ROSATO: Way past that time…
COUNCILMAN WEHRHEIM: Senator Flanagan then came and said that the property to
preserve it, is going to be given over to Parks and Historic Reservation, Preservation.
MIKE ROSATO: Right.
COUNCILMAN WEHRHEIM: He asked me if I would have a problem with that and I said
absolutely not, if that’s what we have to do to hold onto that property and preserve it, fine.
MIKE ROSATO: Right.
COUNCILMAN WEHRHEIM: Okay, that doesn’t change my mind about is there room and
opportunity for some recreational facilities down there, I believe there is. I don’t believe it’s a
land grab, I really, I don’t believe that. There are possibilities for some nice recreational use
along that corridor, in my opinion, now the State may not allow us to do it.
MIKE ROSATO: Well, but wait, but look you and I, you and I, you and I have spoken about
that and you know of course, that I agree with that and…
COUNCILMAN CREIGHTON: Did I ever speak to you about that? Wait a second, wait a
minute, just one second, have I ever spoken to you about development on the grounds at Kings
Park? Development? Have I ever spoken to you about development? Remember, I got here in
2007.
MIKE ROSATO: Right.
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COUNCILMAN CREIGHTON: And be very careful how you answer that.
MIKE ROSATO: Right. You, you were present when I’ve had these conversations with
Councilman Wehrheim and Councilman Wehrheim, Councilman Wehrheim, you said
repeatedly…
COUNCILMAN CREIGHTON: I must tell you that, Mr. Rosato, you are a liar!
MIKE ROSATO: You would want to acquire ninety acres for development, you said it to me
repeatedly.
COUNCILMAN WEHRHEIM: Ninety acres?
MIKE ROSATO: Ninety acres.
COUNCILMAN WEHRHEIM: Well, Mr. DeRubeis is here, I think you’re referencing a
philosophical plan when we were wondering what the State was going to do or what the Town
was going to do with the property.
MIKE ROSATO: Right.
COUNCILMAN WEHRHEIM: Am I correct in saying that? There were some mixed use
developments, I think the ninety acres might have been the number that we carved out for the
development and the remainder perimeter around it will remain green.
MIKE ROSATO: Right. Well, right, the governor put covenants on the property that would
leave three, every four acres would be, and would allow ninety acres for development and that
was before …
COUNCILMAN WEHRHEIM: And I think that’s what you are referencing.
MIKE ROSATO: That was before the three hundred and sixty five acres were transferred, the
remaining psychiatric hospital…
COUNCILMAN WEHRHEIM: That’s correct. That’s correct.
MIKE ROSATO: The remaining psychiatric center hospital, ---- acres were transferred to State
Parks in 2006 under the direction of Senator Flanagan.
COUNCILMAN WEHRHEIM: That’s correct.
MIKE ROSATO: Okay, now you know that in 2008 we created the Nissequogue River State
Park Foundation and we’ve been fighting and pushing the State to clean up the property which
we finally this past year we were successful in getting them to do.
COUNCILMAN WEHRHEIM: And we supported that.
MIKE ROSATO: Now, we’ve also asked you repeatedly to help support a master plan for the
property. We’ve, the Foundation has offered about sixty thousand dollars for the master plan.
COUNCILMAN WEHRHEIM: Correct.
MIKE ROSATO: The creation, first of all, the clean up of the park and the creation of a viable
park that offers recreational and cultural opportunities would be in all of our best interest and
certainly the people that live within our community. So, we’ve asked for your support and we
haven’t received it. We’ve asked for your support on St. Johnland and haven’t received it, and
now you’re asking for the State to give the Town fifty five acres, we can’t understand why
because right now that would have tax implications to the Kings Park School District.
COUNCILMAN WEHRHEIM: Well, we would be insured that it would be tax neutral before
we would make any steps to do anything.
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MIKE ROSATO: But, so why not offer to lease the property?
COUNCILMAN WEHRHEIM: Lease from who?
MIKE ROSATO: From the State, it would make much more sense.
COUNCILMAN WEHRHEIM: Well, that may, that may very well be an option.
MIKE ROSATO: So, why not offer that, to get that.
COUNCILMAN WEHRHEIM: If there is a conversation with the State of New York, all of
those options will be reviewed, we’re open to any situation.
COUNCILMAN CREIGHTON: We don’t even know if we’re going to have a conversation.
COUNCILMAN WEHRHEIM: The State may very well say we have no interest in that at all
and then we will go back to the drawing board elsewhere. You’re making it sound like it’s a fate
of complete that we’re ready to go right in and start developing, it’s not the case at all!
COUNCILMAN CREIGHTON: We’re asking to send a letter.
MIKE ROSATO: Right.
COUNCILMAN WEHRHEIM: It’s to enter into some discussion, that’s all, that’s the only
purpose of it.
MIKE ROSATO: And, can we see the letter?
COUNCILMAN CREIGHTON: We haven’t written one!
COUNCILMAN WEHRHEIM: We haven’t written it yet.
MIKE ROSATO: You haven’t even written it yet?
COUNCILMAN CREIGHTON: We’re asking for permission today.
COUNCILMAN WEHRHEIM: I mean, it’s way premature, I think you’re making an accusation
here that I don’t you should really make, Mr. Rosato, and I’m being serious.
UNIDENTIFIED WOMAN’S VOICE: It says transferring property…
COUNCILMAN WEHRHEIM: Excuse me?
UNIDENTIFIED WOMAN’S VOICE: It says transferring, Councilman.
SUPERVISOR VECCHIO: Wait, hold on, we have to record these comments one person at a
time.
COUNCILMAN MALLOY: If you’re going to say something, step up.
COUNCILMAN WEHRHEIM: I did not write the resolution.
MIKE ROSATO: It says the Town Attorney to request to transfer certain real property from
State, from the State located at the Kings Park Psychiatric Center to the Town of Smithtown for
recreational purposes. So, it’s transfer, it’s not lease. So, when we read those words we’re
automatically assuming because of the conversations that I have had with you in the past, that
you’re looking to acquire the property. So, we’re saying why? We’ve had these conversations,
we’ve asked you if you’re interested in recreational fields which we all know the community
needs, enter into a lease agreement but first you have to support a master plan because you can’t
piecemeal the development of the park, it’s too complex, it was a former hospital, we need a
master plan…
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COUNCILMAN CREIGHTON: Have you asked for a master plan for the entire…
MIKE ROSATO: And in the master plan it could call for a lease.
COUNCILMAN CREIGHTON: Have you asked for a master plan for the whole parcel or the
Nissequogue State Park?
MIKE ROSATO: Yes, the whole parcel, the whole parcel.
COUNCILMAN WEHRHEIM: Of who, who did you ask? The State of New York?
MIKE ROSATO: We’ve, I’ve written numerous, I’ve written numerous letters to Senator
Flanagan, State Assemblyman Fitzpatrick, Governor Cuomo, State Senator Schumer, State
Senator Gillibrand.
COUNCILMAN WEHRHEIM: Have you gotten a response from any of them?
MIKE ROSATO: I’ve gotten a response from some of them, yes, and State Parks Commissioner
Harvey.
COUNCILMAN WEHRHEIM: Okay, is there any indication they may do that?
MIKE ROSATO: Yes, there is.
COUNCILMAN WEHRHEIM: Well, we don’t know that, they’ve never divulged that to us.
MIKE ROSATO: Well, you should talk to us occasionally.
COUNCILMAN WEHRHEIM: Sure, absolutely.
MIKE ROSATO: Yes, yes. As a matter of fact, this year they’re looking to enter into the
second phase, they’re looking to issue an RFP for the second phase of the clean up and we’re
hoping after that, they will issue an RFP for a master plan, we’re told that that’s the direction its
moving. Certainly, Senator Flanagan supports that.
COUNCILMAN WEHRHEIM: Okay, well perhaps when, if they receive that letter or when
they receive this letter, we’ll be told that.
SUPERVISOR VECCHIO: Can we move on?
MIKE ROSATO: Yes. So, we would appreciate that you would hold off on that letter, instead
write a letter supporting the master plan and then we can all move forward together and
hopefully gain property for our community through a lease agreement, is that fair?
COUNCILMAN WEHRHEIM: Sure it’s fair, it was always an option.
MIKE ROSATO: Right, thank you.
SUPERVISOR VECCHIO: Mr. Lehmann, do you want to be heard?
SEAN LEHMANN, 27 COLUMBINE LANE, KINGS PARK: Supervisor Vecchio, members of
the Town Board, my name is Sean Lehmann, I’m President of the Kings Park Civic Association.
I just want to start out tonight really on the industrial area first, we have a difficult task at hand.
There are a lot of problems down there, most of the residents were coming from the area by the
applicant for the first hearing of Tony Leteri. It’s a difficult task, the Town can’t come up with
the right zoning ordinance, they’ve hired a consultant, spent twenty thousand dollars to hire a
consultant and they couldn’t come up with something that everybody could agree with.
Granted, we realize that Mr. DeRubeis has said in the past that even with the correct zoning this
might still not solve some of the odor issues down there. The Kings Park Civic Association is
creating a Task Force working with other civic associations in the area along that area with
residents including Smithtown, Kings Park and Commack and it will give us some kind of a
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guidance on how to move forward in dealing with the Town Board and with the State DEC. Just
let me address what you guys were just talking about. Councilman Creighton, it was me actually
who said that and Councilman Wehrheim, we had a phone conversation a couple of weeks after
where we kind of clarified…
COUNCILMAN CREIGHTON: Well, was it accurate? Was it accurate what you said?
SEAN LEHMANN: It was me, well, hold on, I’ll tell you how I got my information. On
October 26th, I was having dinner with my family at Sertino’s and I ran into Councilman Malloy,
very friendly conversation, we’ve always had a good relationship. He said how you doing? I
said, “good”. So, what’s happening? I said, “well obviously we’re opposed to the St. Johnland
application”. Councilman Malloy told me it’s going through. I said, “I don’t think it’s going
through”. I said, “there are many environmental issues on the property”. He goes, oh no, no, no,
it’s going through. I think you can recall that conversation.
COUNCILMAN MALLOY: That’s not the conversation, we met, I did not say it was going
through…
SEAN LEHMANN: Okay…
COUNCILMAN MALLOY: Now, let me finish!! If you’re going to make a statement about
me, I’m going to finish!
SEAN LEHMANN: Okay. I’m not speaking, I’m not loud with you, please be respectful to me,
go ahead
COUNCILMAN MALLOY:
application….
No, you are accusing me of making a pre-judgment on an
SEAN LEHMANN: I’m telling you what happened.
COUNCILMAN MALLOY: that was not even before me.
SEAN LEHMANN: Absolutely, that’s why I was astonished that evening.
COUNCILMAN MALLOY: Well, let me tell you, I’m astonished with what you’re doing right
now because you’re making a politic issue.
SEAN LEHMANN: Okay, so I guess I’m lying, anyway?
COUNCILMAN MALLOY: No, you misinterpreted whatever we talked about I said the
application is coming, I have not even decided it, I’m not saying whether I’m for it or against
it…
SEAN LEHMANN: Okay, if that’s your clarification now, that’s fine.
COUNCILMAN MALLOY: But I’m keeping an open, I’m keeping a very open mind as I do on
all applications but to say I told you, I pre-judged, I haven’t see the application, is an out and out
lie!
SEAN LEHMANN: Well, that’s not according to my conversation with you, not according to
my recollection.
COUNCILMAN MALLOY: Well, let me tell you, you’re recollection is horrible! Wait a
minute, I’m not finished. You were also quoted as saying that Legislator Kennedy, County
Executive Ballone were working on a land swap with some Town council people in reference…
SEAN LEHMANN: No, you better check the record, that’s not my statement.
COUNCILMAN MALLOY: Well then who is it, Mr. Lehmann?
SEAN LEHMANN: No, no, no, no. Actually you have it all jumbled up, let me just say, let me
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just say what it is. I had a conversation with Councilman Wehrheim and I thought everything
was squared away, but anyway, what happened that night is I went to the bathroom, I came back
out and you said well, we’re very interested in developing the town. I said, “okay”. I said,
“Kings Park Civic Association is pro economic development, we are”. And you said well, we
want to take some of that property, we’re going to take part of the hospital property, so we’re
going to lease it out. Do you remember saying that?
COUNCILMAN MALLOY: No, I don’t. This is a very interesting conversation we’re having.
SEAN LEHMANN: Okay, it is interesting because I was in shock that night because I’ve known
you for a long time outside the Town business. I was, quite frankly, pretty surprised how
aggressive you were that night. So, I figured you just had a bad night. But anyway, we move
forward and I said to you, you know, there’s a difference between responsible development and
over development, we talked about that a little bit and we agreed. You came over to my table
later and you said you know, any time you want to talk you can come into my office, and you
said if you can’t make it, come on a Saturday and we’ll sit down. Do you recall that?
COUNCILMAN MALLOY: Yes, I did I said I’d make time for you.
SEAN LEHMANN: Okay, as we move forward, you did tell me, you said, “we’ve been talking
to the County Executive”. You said, “we’ve been talking to the County Executive and we’re
going to use some of that property”. That’s why I came up with that statement. Councilman
Wehrheim, I had another conversation with you in your office, if you recall, over the Summer,
Toby Carlson was your next, was your next meeting, I remember he was waiting out in the
hallway. We briefly touched on it, you said hey, the County Executive is talking about a plan for
the property as well. You said, “yes, it sounds like it could be good”. And I said, “well, it could
have potential, let’s see what it is, you know, we’ll have to find out”. That’s fine, that was the
extent of the conversation, that’s what we had. My comments were based solely, whether you
believe or not I was mis-interpreted, I mis-interpreted them, my comments were placed solely on
what you told me on October 26th, and that is what you told me, I stand here, that’s --COUNCILMAN MALLOY: Well let’s just state that your recollection is horrible and it suiting
your purposes.
SEAN LEHMANN: Okay, okay, that is exactly what you told me. I was astonished, I was in
shock at our conversation because we’ve always had a good relationship outside of town
business, we’ve had a good relationship, and I would just, maybe you, maybe you had a bad
night, but when you told me that I was surprised.
COUNCILMAN MALLOY: No, I didn’t have a bad night, why don’t you contact the County
Executive and ask him if he had conversations.
SEAN LEHMANN: Well, actually I talked to Councilman Wehrheim and you guys did have
conversations, Councilman Wehrheim told me that the three of you were at a sewer meeting at
one time and you had some conversations about it and that’s fine. Listen, I’m not even saying
whether that’s a good or bad thing, I’m just saying that’s how those comments came about was
my conversations with you.
COUNCILMAN CREIGHTON: We had a conversation about what?
SEAN LEHMANN: Sewers.
COUNCILMAN CREIGHTON: Sewers? Not Kings Park Psychiatric Center?
SEAN LEHMANN: That’s what Councilman Wehrheim said that was the only time you guys,
that you guys met.
COUNCILMAN CREIGHTON: You said that we had a meeting. I believe you said a secret
meeting.
SEAN LEHMANN: No, never said a secret meeting, check the record. I would not, I would not
accuse you of that. I would not accuse you of that. I said the three councilmen have been talking
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to the County Executive about bringing research and development to the campus.
COUNCILMAN WEHRHEIM: Not true.
SEAN LEHMANN: Councilman Wehrheim, we talked about it.
COUNCILMAN WEHRHEIM: Correct.
SEAN LEHMANN: Right, I explained to you..
COUNCILMAN WEHRHEIM: You realize it’s not, now you know it’s not true.
SEAN LEHMANN: I explained to you my comments came from my conversation on October
26th, with Councilman Malloy, correct?
COUNCILMAN WEHRHEIM: Yes, you did.
SEAN LEHMANN: Okay. I, let me, I just want to address that issue, okay? As we move
forward, on January 10th, the Kings Park Civic Association in a full meeting packed house, voted
in opposition of the fifty five acre acquiring, for the Town to acquire fifty five acres from the
State. We believe it should be part of the master plan, absolutely, there should be a plan for the
whole property, okay, I’m just letting you know that’s, that’s, that’s, that’s was the determination
we came up with that night. There’s a difference between leasing and acquiring. Leasing, you
know, leasing for recreational purposes means that you will lease it for recreational purposes.
COUNCILMAN WEHRHEIM: Correct.
SEAN LEHMANN: Acquiring, you can do a lot of different things with. Well, I’m just saying,
that’s why we, that’s why we’re in favor of a lease.
COUNCILMAN WEHRHEIM: Mr. Lehmann, I understand what you’re saying.
SEAN LEHMANN: Yes.
COUNCILMAN WEHRHEIM: But I think, I think you know full well as does Mr. Rosato, that
if it was to even be acquired, if I make a statement that it would be acquired for recreational
purposes, it will be only be acquired for recreational purposes.
SEAN LEHMANN: Right, but the point I’m trying to make is actually, I think a better direction
to go would be to lease the property up until the time there could be a master plan.
COUNCILMAN WEHRHEIM: And I don’t necessarily disagree with that. That would also be
acceptable to us.
SEAN LEHMANN: Right. Absolutely.
COUNCILMAN WEHRHEIM: And that may come from the conversation.
SEAN LEHMANN: Right.
COUNCILMAN WEHRHEIM: If we never have the conversation, then we will wait for a
number of years until the State accomplishes their master plan on a three hundred and fifty five
acre State park and that’s okay, except that I’m not sure that’s going to happen in the next couple
of years.
SEAN LEHMANN: We had Assistant Regional Park Director Brian Foley at our meeting a few
months ago and he actually said after phase 2 demolition, that would be the next step is the
master plan for the property.
SUPERVISOR VECCHIO: We’ve beat this subject to death.
SEAN LEHMANN: Yeah, yeah, yeah, I just wanted to make it clear that we’re in favor of,
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we’re in favor of a master plan and if you want the property, lease and we would appreciate if
maybe or maybe you should give Senator Flanagan a call as well, he fought hard for this
community and fought hard for that property to become parkland. He should probably be the
guy that you should be dealing with at the State level first.
JOHN ZOLLO, TOWN ATTORNEY: Mr. Lehmann, could I just get copies of those letters that
Mr. Rosato, Mr. Rosato, can I get copies of the letters you sent out?
SEAN LEHMANN: To Commissioner Ashe and so forth?
JOHN ZOLLO, TOWN ATTORNEY: All the ones that were referenced, yes.
SEAN LEHMANN: I means sure, I’m sure, I’m sure we have copies it’s been throughout the
years, yes. Mrs. Henninger has sent some too, you want hers?
JOHN ZOLLO, TOWN ATTORNEY: Just the ones that Mr. Rosato mentioned with respect to
the master plan that would assist me.
SEAN LEHMANN: Okay, that we were requesting a master plan?
JOHN ZOLLO, TOWN ATTORNEY: I want to see the letters.
SEAN LEHMANN: Oh, absolutely, no problem, no problem, we have no problem whatsoever.
Thank you.
SUPERVISOR VECCHIO: Mrs. Henninger, you will have to be quick, okay?
LINDA HENNINGER, PRESIDENT, KINGS PARK NEIGHBORS ASSOCIATION, 1
MEADOWOOD LANE, FORT SALONGA: I will be quick. I appreciate the open-minding
about leasing and how it keeps the park safe for park purposes and it helps the school district
which is now, I just went to the Board meeting, 2.2 million in the hole starting budget
negotiations. They can’t loose anymore money, they’re just bleeding over there. I do want to
just look at the resolution and ask you if you would consider re-tweaking it because of the few
things that are legally not correct in it. You call it located at the Kings Park Psychiatric Center,
that doesn’t exist. So, lawyer to lawyer, this resolution is not, is not specific enough and if you
want to change the word “transferring” to “options of leasing”, that seems to be more in line with
what you guys said tonight. So, I think this resolution is written inaccurately and I would like
the Town Board to re-look at it and tweak the wording to really represent what’s going on here.
JOHN ZOLLO, TOWN ATTORNEY: I don’t know if that’s critical. The resolution really was
just asking me to write the letter, that’s basically what the resolution does, it’s not…
LINDA HENNINGER: No, it should be correct, come on.
SUPERVISOR VECCHIO: Okay, come on, I will move to close the meeting.
COUNCILMAN MALLOY: Second.
ADJOURNED
VI.
Motion To:
ADJOURN
The following motion was offered by Supervisor Vecchio and was seconded by Councilman
McCarthy:
BE IT RESOLVED, that the Regular Night Meeting of the Town Board of the Town of
Smithtown, held at the Eugene A. Cannataro Senior Citizen Center, 420 Middle Country Road,
Smithtown, NY on the 24th day of January, 2013 at 7:00 PM, be and is hereby adjourned.
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RESULT:
MOVER:
SECONDER:
AYES:
ABSENT:
Minutes
January 24, 2013
ADOPTED [UNANIMOUS]
Patrick R. Vecchio, Supervisor
Kevin J. Malloy, Councilman
Patrick R. Vecchio, Edward R. Wehrheim, Robert J. Creighton, Kevin J.
Malloy
Thomas J. McCarthy
TIME: 9:30 PM
FILED: ________
Smithtown Town Board
____________________________________
VINCENT PULEO - TOWN CLERK
TOWN OF SMITHTOWN
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