Kings Park, New York 11754

Adrienne Giannadeo

Chair – Zoning Board of Appeals

c/o Smithtown Planning Department

99 West Main Street

Smithtown, New York 11787 March 6, 2009

Re: Case Number 1-15880 (#8181) --- a 3,000 gallon above ground gasoline storage tank

Dear Chairperson:

On November 14, 1984 the Smithtown Planning Board approved an application for “a special exception to expand [an] existing trucking station.” One condition was that “the parking of cars and the storage of equipment and materials within 100’ of the north property line shall be prohibited. The applicant was surnamed Micciche. A 2008 application on behalf of the successor General Properties LLC of Plainview c/o Michael Rubinstein, 100 Middle Country Road, Suite 7, Selden applied for a modification which would remove this restriction. Now Smithtown Board of Zoning Appeals Number 15880, the modification is the subject of a Memorandum from Howard Barton III, Assistant Director of Environmental Waterways to Adrienne Giannadeo, Chairperson of the Zoning Board dated January 16, 2009.

The Memorandum states: “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 information presented by the applicant, as well as any 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.” Now for the specifics.

The Description: “Application for a Buffer Variance (100 feet to 95 feet to residence district) and Special Exception to modify a Trucking Station (fuel storage/ distribution) to facilitate the installation of a 3,000 gallon above ground gasoline storage tank, to be located on a currently developed 2.71 acre parcel of land zoned LI and R-21.” On February 12, 2009 the case was adjourned until March 10^th.

There must be a Positive SEQRA Declaration entailing an environmental study before this case is put on the BZA calendar. One thousand people could come up and praise this modification to the sky. What bearing would a transcript of their remarks have on any recommendation by the Smithtown DEW?

This procedural game whereby the DEW elides its responsibility saying, “there not being substantial community opposition” and then issues a Negative SEQRA follows a long corrupt practice that laughs at the SEQRA law. The Negative Declaration comes when only interested insiders remember what the original application was about. This procedure must stop now. And if its curtailment crimps the style of the usual ne’r-do- wells who bloviate before the Zoning Board with incredulously asinine applications that is unfortunate.

Yours truly,

Lawrence N. Gray, Esq.