SMITHTOWN Board of Zoning Appeals Meeting - 6/24/08
In the interest of time this meeting has been edited. One of the significant parts that we are reporting on highlights inconsistencies in the decision making of the Board of Zoning Appeals. Listening to Attorney Donald J. King, Esq. you will hear how some select people were given FAR ( floor area ratios ) beyond what Chairwoman Giannadeo has reported are the standard. This attorney however, is uncovering the discrepancies and arguing for his client's in order to acheive equal treatment for them. 255 Kohr Road received a 50% FAR. This is the home of Supervisor Vecchio's son. There are others too - and there are questions as to their connections as well.

SMITHTOWN Board of Zoning Appeals (Excerpt) - 06/24/08
Edited portion of the June 24, 2008 evening meeting of the BZA ( Board of Zoning Appeals ). A highlight of this meeting was Attorney Donald King appealing on behalf of his client to Chairwoman Adrienne Giannadeo and other Board members in regard to FAR ( floor area ratios ). This issue has become a sticky point for this Board as will be seen from the discussion by Don King. The question is: Are some people given special treatment? Listen to a citizen's plight. One of Attorney King's clients will be moving forward with a law suit on just this kind of issue.

SMITHTOWN Board of Zoning Appeals (Excerpts) - 10/14/08
Two hearings from the evening's agenda were particularly interesting for the public to hear. One was a resident from Kings Park, Ken Ward, who asked for a legal interpretation to a previous decision that the board made where he questions the validity. The issue concerns a retaining wall and a steel structure that has been erected in on his neighbor's property and backs up to his back yard. There were many neighbors that came with a similar complaint but he is taking a legal path rarely used. The second hearing was presented by the local attorney Vincent Trimarco. The site plan submitted was poorly done and there were many questions from the Planning Dept. in regard to the plan. Interestingly, this attorney was not forthcoming initially as to storage that was to be used for a substantial number of trailers that actually were not part of the business of the dealership but were to be used as a rental income. And the property bordered on a residential dwelling. The outcome of the hearing is unknown. And the fact that the Zoning Board and the Planning Dept. were willing to work with the attorney relative to his questionable submissions should be noted and considered when watching the outcome of ordinary homeowners and their submissions.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 11/12/08
PART 1 of 4
A very long meeting of the Board of Zoning Appeals, but very interesting variances requested. One couple wanting a permit for an attractive shed with screening was challenged to reconfigure their plans; another resident requesting to add a second story was challenged and will have to return with new drawings; a sunroom addition suffered the mistake made by the Town dept and will have to redo the whole advertising process with no guarantees for permit. Meeting continues.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 11/12/08
PART 2 of 4
A young couple soon to have a baby requests a small addition on a ranch were challenged on their requirements. A woman increasing space for her ill father breezes by with a special exception for a mother/daughter situation. An attorney requesting a three story with less height then given to a previous homeowner, was opposed by neighbors because of the impact and the added issue of the removal of about 30-40 trees. The attorney responded with the willingness to plant large fast growing evergreens. A mobile home temporary request while the home is being built was challenged as to the time it would remain in place. The chairwoman repeated twice that she didn't want a mobile home standing on the property for two years, having been burned once before on such a situation.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 11/12/08
PART 3 of 4
Two hearings that have expose egregious issues that have occurred:
( 1 ) One impacts neighbors because of building beyond the code and a building permit issued in error. Other excesses/violations revealed now that the request for variance is sought in order to obtain desired permits.
( 2 ) The second is the first public acknowledgement that there has been corruption within a Town Department. Talk of: more to this than meets the eye; we have to go back and look at this, see what happened; who was approving; something happened improperly; something happening here that shouldn't have. It concerns a restaurant with an additional basement kitchen that was given a C.O., ok' d by Public Safety's John Valentine, stamped and approved by the building department; yet the kitchen did not exist on record for the BZA, in any way relative to required parking spaces and perhaps even an adjustment on its tax assessment ( never mentioned at this meeting ). Part of Suffolk DA. investigation.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 11/12/08
PART 4 of 4
Two hearings of interest but less dramatic:
(1) a client building residential on neighborhood business zoning has greater allowances in the request for variances; and
(2) a modification for premises on Broadley Ave and Middle Country for industrial type building. Attorney Zollo's comment at the beginning "I'm hoping this will be boring" brought laughter. Of course it never is really boring because there are always interesting issues.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 11/25/08
A meeting of the BZA on November 25, 2008.
In particular, two hearings - Case #15857 and #15858 had to do with building on environmentally sensitive land.
A neighbor testified about her concerns because of flooding at her house and how this may impact an already bad situation. Considering the issues that Smithtown has had in regard to areas that flood and the comments that have been made about overbuilding, it will be interesting to find out how the BZA rules on these cases.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 11/25/08
NESCONSET & COMMACK LIBRARY BRANCH PARKING CASES
Two hearings took place at the Board of Zoning Appeals (BZA) meeting on November 25, 2008 that had to do with the plans for the Smithtown Library's expansion efforts. Both issues were related to parking spaces to accommodate the number of patrons  expected to make use of the expanded facilities.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 01/13/09 (Case # 15876)
A meeting of the BZA on January 13, 2009. This is Case # 15876.
Return of D'Vittorio: the second hearing for variances on multiple violations. This is the case that requested a variance for a three car garage (BIG) to be built very close to a property line but no more than 15 feet high; on an environmentally down sloped property that made the garage appear huge. The request was surprisingly granted despite many problems with the building department having placed stop work orders. And it was granted for a property with multiple violations of "built priors"  and no permits. The irony was that the homeowner forged ahead with the garage increasing height and purpose until another complaint brought the building department down to stop work. But that didn’t last long because the building department granted a continuation after the height and purpose was resolved but not the violations. Thus, it left a neighbor and a neighborhood frustrated as to the actions of the BZA and the building department; so a law suit has been served. Since a condition placed on the first variance was that the prior built violations had to be granted permits; Mr. D'Vittorio's lawyer Vincent Trimarco has returned. But the violations are so far afield of town codes that the neighbor brought his lawyer, Neil Greenberg, to help defend his rights. The humor ( rather black ) regarding this hearing, NOT for the neighbor but for the citizens of Smithtown, is that attorney Vincent Trimarco is blaming the building department; i .e., chief building inspector John Bongino, in his reasoning. A must watch and a reason for concern. The decision was postponed?????? What is that reasoning about???

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 01/13/09 (Case # 1-15850)
The former Bella Cucina Restaurant that snuck a kitchen in the basement while the BZA was unaware, is still trying to get permission to open again - but with a new owner. The representing attorney, Don King, is seeking permission for parking in an alternate shopping center in order to make the kitchen operation legal but underlying this issue is the fact that the BZA would never have considered the kitchen for this particular property on the first go around. This originally all happened under the watch of Robert Bonerba, the chief building inspector appointed by Supervisor Vecchio. The case was postponed recently and the BZA requested more info; now it's postponed again?????
The hearing gets high marks for its fiery rhetoric.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 01/13/09 (Case # 15873)
Southern Blvd has already had its share of controversy and this case is a continuation of commercial advantage vs. residential consideration.
A variance for a warehouse is exposed for its nonconforming usage by neighbors and the health issues that would arise.
Much here of interest.
The decision was postponed ?????

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 01/13/09 (Case # 15803)
Another dizzying case from attorney Vincent Trimarco. After a single story ranch was denied a permit, a two story house is now requested on a small piece of property with requests for a large FAR, reductions of minimums in setbacks, environmentally sensitive slopes involved and many voices wanting to be heard on the issue.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 01/13/09 (Case # 15877)
A request for a cabana is exposed by neighbors as a structure that is being utilized as an accessory apartment, with an illegal kitchen. Much concern over illegal residents and violations.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 01/13/09 (Case # 15881)
A variance request by a resident that was a victim of a horrific crime. A family story that rises above the usual at the BZA.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 02/24/09 (Case # 15749)
Attorney John Zollo Esq. EM Jay Industries, Location: E/s Montclair Ave. 1028 S/o Rutherford St. St. James. Request: Certicate of existing use to maintain a cement batching plant. Certificate to existing use to maintain construction equipment and supply storage yard. Special exception pursuant to #322-8B of the zoning ordinance to modify a special exception use (trucking station). Variance to use after January 1 1991. Variance to reconstruct, structurally alter, restore or repair a non-conforming use for a proposed cement plant in a different localtion ( existing to be removed), existing first and second floor additions and alterations to an office building, and an existing 2,200 sq. ft. storage building. Reduce the minimum front yard set back from 50 ft. to 17 ft. for an existing 6 ft fence and an office trailer. Increase the maximum height of a fence/wall from 6 ft. to 17 ft. for an existing 11 ft. retaining wall witha 6 ft. fence to be closer than 6 ft. (actual 0') to the top of an 11 ft. retaining wall. This case which stretches the town codes to continue an operation with non-conforming uses and environmental concerns, required the Chairwoman Andrienne Giannadelo to recuse herself as she is related to an owner. The case is adjorned until 3/24 ( not for the first time ) so continue watching the outcome.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 02/24/09 (Case # 15909)

BASSER-KAUFMAN DEVELOPMENT CO. INC. / CVS PHARMACY
Location SW/c East Main St. & St. Johnland Rd. Kings Park Variance to reduce minimum parking spaces from 249 to 156. Reduce minimum parking setback to residential district lines from 10 ft. to 5 ft. (existing). Increase the maximum area of ground sign from 32 sq. ft. to 300 sq ft. Increase the maximum height of a wall sign ( north elevation) from 15 ft. to 25 ft. Increase the maximum height of a wall sign ( east elevation) from 15 ft. to 23 ft Increase the number of ground signs from one per parcel to 11 per parcel.

 

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 03/10/09
Several interesting cases:
One pertaining to a retaining wall erected to old erosion on a hill to a beach used by neighborhood residents had one objection;
Two, a mother/daughter revision in a garage had opposition as a suspected rental apartment;
Three, a request for a 33% FAR; four, a second story deck that is non-conforming on a non-conforming building.

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 05/12/09 (Case # 15956)

SMITHTOWN BOARD OF ZONING APPEALS MEETING - 07/28/09