Town of Smithtown

The Town Board meeting convened as Commissioners to handle administrative items, including the approval of minutes from December 12th and two budget account transfer resolutions. Key actions involved authorizing an agreement with Upstate Leak Detection LLC for services and an amendment to the agreement with Pace Analytical Services for water quality testing in the Smithtown and St James water district. The board addressed three public hearings. The first public hearing concerned a special exception petition to add a temporary 9,360 square feet tent over an outdoor field for Long Island Fieldhouse LLC, which required amending a prior approval from the previous year. The second and third public hearings addressed proposed amendments to town code regarding the extension of temporary certificates of occupancy from six months to one year for undue hardship cases, and proposed amendments to building construction fees for residential, commercial, and general permits. The board also authorized advertising for future public hearings concerning zoning, site plan review, subdivision of land, environmental quality review, and building construction. Other business included approving bids, adopting resolutions related to bonding for park improvements, issuing environmental declarations for zoning petitions, approving fee modifications for stormwater management, making appointments to the Board of Zoning Appeals and Board of Ethics, ratifying a natural gas agreement, and approving various service agreements including those for cesspool cleaning, outboard motors, and engineering services. The public comment section included resident questions regarding attorney retainer agreements, Callahan Beach project work, opposition to proposed park parking fees, and the removal of the prior controller.

The meeting involved discussions and potential actions on several site plan applications, including remediation of the Giswali property, demolition and construction at 60 Motor Parkway for Link Logistics, construction of a warehouse and office facility at 49 Wireless Boulevard (RPL3), retail and food retail construction at LG 1995 LLC, legalization of additions for a residential use at 6 Cleveland Street, and construction of a storage building at 85 Meadow Road West. The Board also addressed a public hearing regarding proposed amendments to Chapter 112 of the Town Code concerning building construction, specifically waiving application fees for government agencies. Four future public hearings were scheduled for February 16, 2023, regarding local laws and a special exception petition. Several resolutions were considered, including issuing negative declarations for the site plan applications, awarding various bids for materials and services, authorizing extensions of existing agreements, and approving settlements. Public participation featured significant opposition from residents represented by the Nissequogue River State Park Foundation regarding a proposal for a 2.8-acre pool for sewage treatment effluent near the park and recreational areas.

The meeting began with an introduction of assisting town government members, including the assistant town attorney and a planner. The board outlined the procedures for applicants seeking relief from zoning ordinances, emphasizing the consideration of five key variance factors. Two cases were announced as adjourned: Case 18664 (Lipton, Jericho Turnpike) to May 10th, and Case 18663 (125 West Main Street LLC, Kevin Gerscher) to June 14th. The first case heard was Case 18650 (Michael Ferry, 17 Marion Street) involving requests for variances to reduce the minimum front yard setback and front yard for a proposed 104 square foot portico and a 376 square foot first-floor addition. The second set of cases involved Case 1868 (Thomas Riley) and an adjacent property, requesting variances to reduce setbacks, minimum road frontage, and minimum lot area for the proposed construction of a 3,050 square foot single-family dwelling with an attached garage. Discussions for the Riley case included the existence of a 15-foot easement running through the neighboring property (owned by the objector's clients), which was noted as unimproved but planned for improvement with an asphalt driveway, raising concerns about adverse impact and safety for the neighboring residents. The objector referenced prior testimony from a 1997 hearing concerning similar applications and argued the requested relief was drastic.

The planning board meeting addressed several agenda items requiring adjournment due to insufficient information, including Story Book Home, Carlson Associates, and others. A major discussion involved an extension request for the Maloney Estate subdivision approval to allow time for performance bond posting and map filing, which the department recommended approving retroactively for two 90-day periods. Another key item concerned the extension request for the Madern Country Estates subdivision approval, also for performance bond and map filing compliance. For the 879 Dolan Plat matter regarding required improvements to a private right-of-way, the board directed the applicant to submit plans consistent with engineering department specifications, as no plans or bond estimates had yet been reviewed by all departments. The board also addressed items 201402 Hattington Company and 201403 Sun Enterprise, agreeing to rescind the previous adjournment resolution and reschedule the hearings upon confirmation that all related matters would be considered together by the Town Board, provided the applicant attends the rescheduled public hearing. Finally, the board heard a zoning change petition (201306) for Bola Long Island Operating Court from WSI to NB, recommending approval with several conditions, including densely planting a 50-ft buffer zone and restricting access points. A separate waiver request for 299 Archer Hills was adjourned as the applicant was not ready to appear.

The work session primarily focused on two major topics. The first involved discussions regarding unsafe structures and property maintenance, including recommendations for scheduling public hearings in January to declare four sites as unsafe and initiate coercive action or demolition proceedings, with a planned methodical approach to handle the remaining properties. The second item concerned requests for special use permits for temporary vehicle storage, specifically for vehicles totaled as a result of Hurricane Sandy, for up to one year. The board considered the zoning limitations against outdoor storage in the light industrial area and discussed utilizing the municipality's authority to address this temporary, compelling emergency interest, including a potential offer of one hundred thousand dollars for the accommodation.