Re: BZA Case #15749 (Em Jay Industries) -- Calendared for January 27, 2009

Dear Supervisor Vecchio:

When I smell a rat, Pat I know that you are either hiding in, or in the shadow of the woodpile. Months ago, I read a piece in the Smithtown News concerning the Montclair Avenue property in St. James. Isn’t this the site where a structure was built without a building permit? Is it the same site where the Town Council was close to approving the Smithtown Planning Board’s down zoning of it from ½ acre to ¼ acre residential? Isn’t this property akin to Chernobyl in terms of contamination?

I notice that this site has involved hoppers and conveyors for a ready-mix cement plant, a propane gas company extending back from Middle Country Road, an operation in the construction of concrete septic tanks and other concerns such as whether the site had been a dumping ground. Early on, the site had been the subject of application numbered 422 involving Alexander Izzo’s request for an interpretation of the zoning ordinance to review a determination of the building inspector in connection with an application to construct hoppers and conveyors for a ready-mix plant and special exception. The building inspector was Robert Bonerba, right?

Now a case before the BZA has been brought by former Smithtown Attorney John B. Zollo, Esq. --- “Em Jay Industries c/o J. Zollo, Esq. , 27 Montclair Avenue” --- to modify a site on which a non-conforming use exists and a Certificate of Existing Use (CEU) has assertedly been granted. How does one obtain a CEU for a site that is a non-conforming use? Is this procedure peculiar to Smithtown such that it might be denominated “the Smithtown way” sort of like “the way we do things around here” with respect to parking tickets? According to the application’s Short Environmental Assessment Form, building permits, BZA approval and site plan approval are involved. It also states that a CEU was issued for the concrete plant. How is that a CEU for everything else? (Angel’s Gate – operating lawfully for years and years -- was denied a CEU based on a report by Bonerba, notwithstanding that you, McCarthy, Wehrheim and Biancaniello passed a post facto revision to the Town Code that was laser beamed at it.)

The partners at the Montclair site are stated to be John Savastano and Joseph LaRosa, both listed at 27 Montclair Avenue, St. James. LaRosa is specified as the “nephew of Adrienne Giannadeo, Chairwoman of the Board of Zoning Appeals.”

Now to a Memorandum from Environmental Protection Director Russell K. Barnett to Adrienne Giannadeo, Chairperson and members of the Board of Zoning Appeals dated June 27, 2008 which requires the willing suspension of disbelief. It states that “This department has reviewed the above referenced application pursuant to 6 NYCRR Part 617 and Chapters 27 and 151 of the Smithtown Town Code. 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.”

Supervisor Vecchio, this memorandum is pure nonsense. Comments from the public are nice. That is all. There must be a positive declaration – a “posdec” – regarding this site before any application is considered by the BZA. The public health, safety and welfare demands that this site be scientifically tested by outside, certifiable experts --- emphasis on the plural 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 what has a bad odor to it.

Yours truly,

Lawrence N. Gray, Esq.

CC: ADA Christopher McPartland

Town Council

Legislator Lynne C. Nowick

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