Lawrence N. Gray, Esq.

20 Fireplace Drive

Kings Park, New York 11754

Supervisor Patrick Vecchio

99 West Main Street

Smithtown, New York 11787 December 24, 2008

Re: Cervoni-Key Way Complex, 27 Montclair Avenue, St. James, New York – BZA January 27, 2009

Dear Supervisor Vecchio:

You will personally look into the following matter. The Cervoni-Key Complex is located at 27 Montclair Avenue. On August 23, 2004 Joseph Attonito, Esq. corresponded with the Smithtown Building Department regarding this site. Your trusted confidant and 18-year Chief Building Inspector Robert Bonerba wrote back to Attonito on October 27, 2004, stating that “concerning the use of the property, the Town’s records indicate that on September 11, 1961 the Board of Zoning Appeals under variance number 422 granted a Special Exception to permit a ready mix concrete plant in the ‘G’ Light Industrial District as requested by Alexander Izzo. In addition the Board of Zoning Appeals in a later case, case number 509, granted an interpretation of the Zoning Ordinance that concrete ready mix business also known as a concrete batching business is a non-industry use within ‘G’ Light Industrial Zoning.” How and by what authority does a zoning board grant “an interpretation” of a zoning ordinance? Is it not a fact that this same zoning ordinance was amended 7 years later on August 23, 1968 to forbid cement batching in the Light Industrial District?

The last paragraph of Bonerba’s letter states that “as a result of the Board of Zoning Appeals determinations and the former uses allowed in the ‘G’ Light Industrial Zone, the following uses would be permitted. Redi-mix concrete plant batching, dispatching of trucks and servicing the fleet kept on site. Warehousing, storing and outside stockpiling of construction materials and equipment would also be permitted.” His conclusions were as suspiciously accommodating as they were in need of a factual and legal basis. If you read the Smithtown Zoning Code you will note Section 322-74F to the effect that open land use not conducted within a building shall not be continued more than one year after its effective date which was 1989. Any open land uses at 27 Montclair Avenue had to terminate by 1991.  So why have they not terminated?

A Certificate of Existing Use does not contemplate, encourage, indeed reward, lawlessness by wealthy clients of politically wired lawyers who frequently appear before the Zoning Board with unshined shoes and other manifestations of sartorial splendor. Is there any sane lawyer in the Western World who would cite a letter from Robert Bonerba -- now facing a 42-count indictment -- addressed to Joesph Attonito, Esq. as a basis for relief from a zoning board --- for a self-inflicted, self-aggrandizing wound?

If a person builds something illegally a town gets a mandatory injunction ordering him to tear it down. If he does not he is to be jailed for contempt until he gives the demolition order. If a person engages in illegal activity on his property one obtains a prohibitory injunction ordering him to stop under pain20of imprisonment. Alternatively, one asks the court to set a dollar fine which is to be doubled every day that the illegal structure exists or the activity continues. Merry Christmas!

Yours truly,

Lawrence N. Gray, Esq.

CC: ADA Christopher McPartland

Town Board

Legislator Lynne C. Nowick