Residents To BZA - Protect Our Community

Residents of Amsterdam Rd. and Jennifer Rd. went before the Board of Zoning Appeals Tuesday evening to ask the board to “not” grant the special exception and eight variances being requested by Prisco Realty, LLC for property located at 927 West Jericho Turnpike in Smithtown.  According to residents, Reliable Tree Service has been operating illegally at the site for almost a decade creating a situation detrimental to their quality of life. The problem, according to residents, is the result of the removal of a buffer and trees which sheltered the residential area from the operation of the commercial business.  In addition to the visual blight seen by homeowners on the two streets, neighbors complained of odors emanating from the illegal storage of mulch on the site. They expressed concerns over future environmental degadation of the site due to car storage on an unpaved surface. Linda Jablonsky, a resident living on Amsterdam, presented a petition from 129 neighbors in the area of Jennifer and Amsterdam Roads objecting to Prisco’s proposal.

Attorney Vincent Trimarco represented Prisco Realty. He made the case that the owners were trying to bring the property into compliance with town code and the special exception and variances were necessary to allow Mr. Prisco to conduct business at the site. Trimarco denied accusations made by residents that Prisco had intruded upon the buffer, that the property’s grading had been altered, and that there was dumping into the small triangular town recharge basin located at the back of the property. Mr. Trimarco rejected almost all the planning department’s suggestions including a restriction on the number of vehicles stored outdoors on the property. 

Questions raised included: “Is there a certificate of occupancy (CO)  for the property? Was there a stop work order issued and was it ever satisfied?  It turns out that a CO was issued for the property on October 28, 1947 for use as a garage and service station. 

If awarded, two businesses will be operating at the site: a trucking station for Reliable Tree Service and an auto dealership which will sell used cars.  Neighbors were concerned by the intense use of the property which is approximately 1.08 acres.  Residents asked for the definition of a “trucking station”,  which proved to be difficult as the Town’s code is vague on the topic.

Residents from Amsterdam and Jennifer line up to address BZAApproximately 12 residents stood at the podium detailing how the commercial property has impacted the on their property value, family and overall quality of life. Those who spoke felt that granting the variances would be seen as a reward to a business that they claim has completely disregarded Smithtown’s code for years.

 The Town Board sent a letter to the BZA advising that they support a 25’ buffer. According to town planners, there may not be an adequate amount of foliage in the sump to consider it as a buffer.

Tony Tanzi, acting as BZA chairperson - after Chairwoman Adrienne Giannadeo recused herself, commented on the items presented by Town Planner David Flynn.  He said,  “a lot of these recomendations are just that - recommendations.”  A question of parking on the property was met with Tanzi’s comment that “restrictions on parking become unenforceable.”

Yolanda Andrews, a resident living on Amsterdam, pleaded with the members of the board, “We are begging you, don’t take down the buffer. Protect our community.”