TOWN OF SMITHTOWN
Board of Zoning Appeals Meeting 02/24/09

Case # 15749
Em-Jay Industries
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.