CCA & KPCA Unite To Tell Town Board "JUST SAY NO"

Click to enlargeBy Erica Jackson

The Kings Park Civic Association and the Commack Community Association have recently banded together to fight a proposal by the Town of Smithtown to rezone the Kings Park Industrial Park.

“We appreciate that the town is moving forward with an amendment to fix the problems that exist, but as the statute stands right now, we do not support it,” said Mike Rosato, member of the Kings Park Civic Association.

Bruce Ettenburg, president of the Commack Community Association agreed: “The proposal is too broad. It needs to be fine tuned. "

The zoning proposal, which will effect some 70 properties, has actually been in the works for several years.  It was subject to a public hearing in October 2009, but came to a standstill after the November town board elections. The town is now looking to revisit the issue and Smithtown Town Planner Frank DeRubies recently met with members of the Kings Park Civic Association and Commack Community Association to discuss the proposition.

According to Frank DeRubies, in an effort to bring numerous businesses in the industrial park into compliance, the town is proposing to create a zoning statue that would require companies using their property for heavy industry to obtain a special permit from the town. 

Under current zoning regulations, DeRubies says most businesses in the Kings Park Industrial Park are only zoned for light industry, however, many are managing heavy industrial businesses, which means, said DeRubies that they are conducting most of their business outdoors.  “Outdoors is the difference between light and heavy industry,” said DeRubies.

DeRubies said the town attempted to gain control over the Kings Park Industrial park in the past, but was unsuccessful. He said, “We took the businesses to court and lost. It’s like the wild, wild west over there.”

According to DeRubies, many of the businesses have been illegally operating heavy industrial businesses for so long without the town stepping in that the courts sided with the businesses.

DeRubies said, “The problem occurred when the town was not as developed as it is now.  Going back to the fifties and sixties, the businesses there were smaller, but they have grown and there wasn’t any enforcement.”

Now, however, there are residential homes abutting the industrial park and noise and truck traffic has become a constant complaint.

To remedy the situation, DeRubies says the town’s proposed statue would require the businesses to obtain a special exception permit, which would regulate heavy industries by requiring them to for example, create buffers and operate only during certain hours.

If they don’t comply, DeRubies said, the town will have more clout with the court system. 

“It will really help us clean up the area and improve the aesthetics of the location,” said Smithtown Councilman Ed Wehrheim.  “We don’t want to put the businesses out of business, burt rather legalize them.”

Bringing existing businesses into compliance is noble, said Rosato, but there is concern that newer businesses will also be able to obtain special permits for heavy industry. “Do what they are suggesting to allow the existing land owners to continue to use their properties consistent with current uses, but don’t encourage the proliferation of heavy industry,” said Rosato.

Rosato suggests instead limiting the heavy industrial uses that would be permitted under the town’s proposed special exception permit.  For example, he said, concrete manufacturing and asphalt manufacturing should be excluded from the document.  He reasoned, most landowners that are not in compliance are using their properties for outdoor storage.

“If we make the whole area heavy industrial, we are not going to improve the situation, said Ettenburg.  “We are going to feel and increase in traffic.”

Rosato and Ettenburg said they have formed a joint task force and plan on going to the town with ideas in an effort to work out a zoning proposal that everyone can be happy with including businesses. 

SmithtownMatters.com attempted to contact some of the effected businesses, but none returned phone calls as of press time.