There is a proposal before the Town Board to house cars damaged during “Sandy” on the Santilli property on Old Northport Rd., in Kings Park. At the Town’s work session on Tuesday, December 11, Town Attorney, John Zollo explained the proposal to Town Board members. The proposal garnered skepticism from Supervisor Vecchio, Councilmen McCarthy and Wehrheim. Councilman Malloy was quiet and Councilman Creighton seemed to be in favor of the project calling it an opportunity for the Smithtown to help with the problems created by “Sandy”.
Insurance Auto Auctions, Inc. (IAAI) is proposing to bring damaged cars from areas outside of Smithtown to the Santilli property where they will be stored outdoors until such time as they are sold at auction. Outside storage is not a permitted use at the site. The proposal, as explained by Zollo, would permit the storage of damaged vehicles on the property until the titles are clear for auction, which can take as long as one year. In an apparent exchange for granting a “dispensation” for the use of the property, the town would receive $100,000. Supervisor Vecchio questioned the $100,000 asking if it was worth it?
According to Planning Director Frank DeRubeis the property in question is zoned Light Industry(LI). Although outdoor storage of vehicles is not a permitted use in a LI zoned area DeRubeis explained that there is a nine step process the Town could undertake if the Board felt that there was a compelling municipal interest to override the zoning. The process would be undertaken by the Town Attorney’s office ( John Zollo served as legal council for Santilli in its 2004 proposal to the DEC to permit deeper mining of its site and may have to recuse himself). DeRubeis also explained that the proposed site is in a groundwater recharge zone and that the property has been mined which may create additional problems for the proposal.
Members of the Board questioned why they should consider this proposal. Councilman McCarthy asked if there was an application for a special use permit, Zollo said “the applicants do not intend to apply for a special use permit” stating that this was a one-shot deal. Councilman Wehrheim expressed concern for environmental problems that could arise from storing so many damaged cars in one place. Wehrheim pointed out the environmental issues that have risen in Riverhead as a result of the storage of damaged vehicles. Vecchio asked the rhetorical question “If the property owner had been a good neighbor.” Board members were all apparently aware of the property’s history. Councilman McCarthy went on record, “the proposal does not comply with zoning code” , he is not willing to “sell the zoning” ,and “no” the property owner was not a good neighbor. The Board has requested a review of the proposal by Director of Environment and Waterways, Russ Barnett.
Councilman Creighton, asked for a decision on the project within two weeks. Board members agreed.
FYI:
The DEC, last week announced policy and procedures for vehicle storage including the necessary DEC reviews required in environmentally sensitive areas.
In 2010 The NYS Department Of Environmental Conservation fined Kings Park sand mine owner Anthony Santilli $200,000 for operating a landfill inside a deep-flow recharge area without a permit and unlawful disposal of solid waste.
In 2008 DEC fined Santilli $275,000 - encroaching a buffer between property and residential neighbors.
In 2004 John Zollo represented Santilli’s Application to the New York State Department of Environmental Conservation (DEC) to mine 25 feet deeper than authorized at the Northport-Kings Park Road Site.