Kings Park, New York 11754

Supervisor Patrick Vecchio

99 West Main Street

Smithtown, New York 11787 January 3, 2009

Re: EMJAY Industries – 27 Montclair Avenue, St. James, New York (Case # NO6-0008)

Dear Supervisor Vecchio:

You have to look into this matter.

FEBRUARY 28, 2007

Zoning Boards of Appeals that are composed of honest members realize full well that they are not appointed to retroactively legalize that which was illegal to begin with if for no other reason than it encourages disrespect for law, more illegal conduct and, finally, extortion and bribe taking.

In a Memorandum dated February 27, 2007, Smithtown Planning Director Frank DeRubeis informed the Town Attorney, Yvonne Lieffrig of violations existing for many years at 27 Montclair Avenue in St. James (Case# NO6-0008) E/s Montclair Avenue., 1,000 N/o Middle Country Road. The violations listed by DeRubeis were: modifications without approval from the Board of Site Plan Review; a 6 foot stockade fence installed along Montclair Avenue; a second story addition and renovations to an office building; the site was re-graded and new retaining walls were installed; the uses of the property were not those permitted by the zoning codes. “However, it appears that a Certificate of Existing Use [CEU] was once obtained for the site to operate a Concrete Batching Plant.” How did this happen? Was it a miracle, a tsunami-like loss of mass consciousness or the free flow of dollars in white envelopes? Further modifications were made to this existing use which were never legal to begin with without an application to the Board of Zoning Appeals. Were Rube and Goldberg ever on the BZA because the previous CEU sure looks like a Rube-Goldberg interpretation of the zoning codes? There were other violations listed.

The 6 foot fence in the front yard exceeded the 4 foot height code restriction because it does not have a 50 foot setback as required in a Light Industrial District. This 6 foot fence was as open and notorious as you and Chief Building Inspector Robert Bonerba would be conspicuous standing naked holding hands in front of Town Hall. Yet you have taken no action.

There are retaining walls that exceed the 6 foot height maximum allowed by the code. The highest is 11 feet. There are fences atop of retaining walls which the village idiot knows is a “no-no.” Also, there is an illegal trailer in the front yard. Why have these violations not been simply the subject of injunctive actions? Tear this stuff down or be imprisoned and fined until there is compliance. The old way – “the Smithtown way” – is not acceptable. It goes back to the Potato farmer politicians who rode around on mules and left the serious thinking to the transportation that was under them. They are dying out. Join them. None of these violations may be legalized. Any “hardship” claimed is not a hardship. It is a continuing violation of the zoning codes at Montclair Avenue, probably stemming from political favoritism and pay offs. As I have noted previously, the Smithtown Planning and Zoning Departments, as well as the Planning and Zoning Boards, are at the epicenters of criminal extortion, bribery and bribe receiving in this town.

January 16, 2008

On January 16, 2008 Senior Planner Peter Hans had a meeting with an attorney named John Zollo who was formerly the Smithtown Attorney, the one who failed to file a Bill of Particulars in the Izzo Leaf Bag Case and also, later, incompetently represented Councilman Edward Wehrheim in 2003 when he was kicked off the Conservative ballot because he failed to file a Certificate of Acceptance of that Party’s line. Zollo served Wehrheim’s papers on the County Attorney, not the Board of Elections. Formerly associated with Suozzi, Klein, English & Paterson LLP, Zollo is now associated with Vincent Trimarco, Esq.

Mr. Hans and Zollo reviewed the violations at 27 Montclair Avenue. Zollo claimed that he did not have to seek an abandonment of Harvard Street adjoining the subject avenue since his client did not own Harvard Street. Hans told the counselor that if his client (John Savastano [and?]) did not own this street then his client had to stop using it and the adjoining property to the north of it. How else to explain the many vehicles and equipment connected to his client’s business that are stored on the street?

June 24, 2008

On June 24, 2008 EMJAY Industries c/o John Zollo, Esq. 1038 West Jericho Turnpike, made application to the Zoning Board for variances. The location of the property is listed as East Side of Montclair Avenue, South of Rutherford Street, St. James. Zollo wants variances “to reconstruct, structurally alter, restore or repair a non-conforming use for a proposed cement plant (existing or to be removed), existing 1^st and 2nd floor additions and alterations to an office building, and an existing 2,200 square foot storage building. (Certificate of Existing Use)”; “to increase the maximum height of a retaining wall to 6 ft. to 11 ft.”; “to increase the maximum height of an 11 ft. retaining wall with a 6 ft. fence atop from 6 ft. to 17 ft.”; “to permit a 6 ft. fence to be closer than 6 ft (actual 0 ft.) to the top of an 11 ft. retaining wall”; “ to reduce minimum front yard from 50 ft. to 17 ft. (for an existing 6 ft. fence).”

The capper is a July 2008 Memorandum from DEW Director Russell K. Barnett to the Zoning Board Chairwoman essentially stating that first there should be a Zoning Board hearing – January 27, 2009 – on Zollo’s application with public comment --- and that based on the minutes he’ll then decide whether there must be an Environmental Impact Study. This is ridiculous. First the SEQRA study then maybe the Zoning Board hears Zollo’s application. Got that?

Who’s In The Wood Pile?

Zollo is seeking permission from the Zoning Board to vary prior zoning board “precedent” and spin the town zoning code in such a way as to simply have its members “legalize” what has been unlawful ab initio.

Zoning Board Member Anthony Tanzi tends to make up his own zoning codes and precedents as he goes along. Some of his arrogant ignorance from Matter of Jose Huaman – against – Adrienne Giannadeo, Dominick Salerno, Edward Benz, William Valentine & Anthony Tanzi Constitution the Board of Zoning Appeals of the Town of Smithtown, etc. Index No. 08-30909 is perversely apposite to Zollo’s application. To wit: “My thing is, you can’t build your case on precedence (sic), which is basically what he’s doing. He’s basically saying, you gave it to this guy, so you gave it to these 10 people, so you have to give it to me.” “The down side is that there was one approved behind this [petitioner’s] house. It’s a similar application.” “I personally think it was a mistake. If every house looks like that, it’s really going to make that place not desirable.” So? --- is Tanzi going to apply his half-baked “I say so, therefore it is” to Zollo’s case? Has Tanzi looked at the Montclair site? Is there a precedent or a non-precedent for Zollo’s application, save the skullduggery infesting it that would prompt Tanzi to vote for it?

William Valentine is too long a political contributor to Republicans in Smithtown and is too close of an abiding and accommodating associate of Zoning Board Chairwoman Adrienne Giannadeo to vote on Zollo’s application. He must recuse himself. Giannadeo is disqualified because of a relationship to the other partner of EMJAY.

Supervisor Vecchio, break with personal tradition. Pay for your meals in restaurants and personally look into this matter as served up by your former briefcase man, Zollo.

Yours truly,

Lawrence N. Gray, Esq.

P.S. This letter is not about the Zoning Board Variance given to Town Tax Assessor Gregory Hild apparently shilling for you regarding 255 Kohr Road in Kings Park in March 2000, months prior to selling the property to your son, Richard Vecchio, with John Toomey, Esq. as the attorney on the deed. It is also not about the $10,500 pay raise you just voted yourself.

CC: Assistant District Attorney Christopher McPartland

Suffolk County Legislator Lynne C. Nowick

Smithtown Council

Smithtown Board of Zoning Appeals