Kings Park, New York 11754

Smithtown Board of Zoning Appeals

C/o Planning Department

99 West Main Street

Smithtown, New York 11754 February 10, 2008

Re: BZA Case # 2-15749 (Em Jay Industries) -- Calendared for February 10, 2009

Greetings:

The Montclair Avenue property in St. James is an illegal site, with a structure built without a permit? Is it the same site where Supervisor Patrick Vecchio, Councilmen Edward Wohrheim, Thomas McCarthy and Robert Creighton and Councilwoman Patricia Biancaniello were a hair away from approving the Smithtown Planning Board’s down zoning of it from ½ acre to ¼ acre residential on behalf of Frank Esposito and Robert Fitzpatrick. This property is akin to Chernobyl. Its sordid history is largely Vecchio’s 18-year Chief Building Inspector Robert Bonerba who is under indictment for bribe receiving. I’m shocked – shocked! – to learn there’s bribery in Smithtown. Now to Em Jay Industries.

This site involves hoppers and conveyors for a ready-mix cement plant , a propane gas company and the construction of concrete septic tanks. It is a dumping ground. So what sort of dance has Environmental Protection Director Russell P. Barnett performed. Who is calling the tune? A Memorandum from Barnett to Chairlady Adrienne Giannedeo and Board of Zoning Appeals Members dated June 27, 2008 requires the willing suspension of disbelief. Barnett states that, “this department has reviewed the above referenced application…. This department has the following comment regarding this application: In order to ensure full compliance with SEQRA and the consideration of all potential environmental impacts associated with this proposal, this department wishes to consider the comments received from the public, at the public hearing scheduled by the Board of Zoning Appeals. Therefore, this department will forward the appropriate SEQRA recommendation following review of the public hearing transcript regarding this matter.” This is nonsense. There must be a positive declaration – a “posdec” – regarding this site before any applicatio n is considered by the BZA. The public’s health, safety and welfare demands that this site be scientifically tested by outside, certifiable experts --- emphasis on the plural and the word, “outside” -- with insurance policies backing them up in case someone’s scientific opinion turns out to be conveniently wrong. Too many people have witnessed BZA hearings to buy into Barnett’s bull. Barnett had no business sending any communication to Giannedeo. Why? The partners at the Montclair site are stated to be John Savastano and Joseph LaRosa. LaRosa is specified as the “nephew of Adrienne Giannedeo, Chairwoman of the Board of Zoning Appeals.”

Em Jay’s case was brought on by former Smithtown Attorney John B. Zollo, Esq. Is he still on the case? It requests a Certificate of Existing Use to maintain a cement-batching plant, construction equipment and a supply storage yard. It also seeks to modify a special exception use for a trucking station. No good, and you folks know it. It gets more brazen.

Em-Jay wants a “variance to reconstruct, structurally alter, restore or repair a non-conforming use for a proposed cement plant in a different location (existing to be removed).” Are you Zoning Board Members kidding? The existing plant is without a building permit. The application requests first and second floor additions to an office building and an existing 2,200 sq. ft. storage building. The applicants want to reduce the minimum front yard setback from 50 ft. to 17.ft. This is odiferously reminiscent of the sweetheart variance which Smithtown Tax Assessor Gregory Hild obtained on behalf of Supervisor Vecchio for his son, Richard at 255 Kohr Road in Kings Park. One assumes that there are no shills in Em Jay’s case. Lastly, this 17 foot setback is for a 6 foot fence and allowance for an office trailer, an increase of a fence/wall from 6ft. to 17 ft. for an existing 11 ft. retaining wall with a 6 ft. fence on top.

Perhaps it will be in everyone’s best interest to pretend that this application never happened.

Yours truly,

Lawrence N. Gray, Esq.

CC: ADA Christopher McPartland

Smithtown Board

Legislator Lynne Nowick & John Kennedy