Overlay District Public Hearing Canceled Due To Error In Town Clerk's Office

Councilman McCarthy, Town Attorney Matt Jakubowski and Supervisor VecchioThe scheduled May 22nd public hearing on the proposed overlay district* in the Hauppauge Industrial Park came to an abrupt halt just as the hearing began. Public hearings provide residents a forum  to listen, learn,  ask questions and make statements.  The public hearing was canceled after Town Board members decided that the protocol requiring a posting of notice about the hearing, mailing letters of notification and placing an announcement in a print newspaper for two weeks in advance of the public hearing had not been followed.

The hearing began shortly after the board meeting started. The near capacity audience focused on what Planning Director Frank DeRubeis was saying, some were anticipating what he might say. Many in the audience were at the meeting to speak in opposition to the Town’s proposed overlay district. Instead of discussing the overlay district, Mr. DeRubeis apprised the board that the town had not advertised the public hearing the required two times in the Smithtown News (Town designated newspaper Jan. 2014). Mr. DeRubeis offered assurances to the Board that the Town met its legal obligation under state law; but he said, Smithtown Town Code is more stringent and required two postings in a local paper.  DeRubeis’ solution was to continue the meeting and adjourn rather than close the meeting. The Clerk’s office would advertise a public hearing notice with the new date for two weeks. After allowing the proper notification citizens not available to speak at the May 22nd meeting would have the opportunity to ask questions and comment at the newly scheduled hearing.  Councilman McCarthy seemed very reluctant to do this. Supervisor Vecchio explained Mr. DeRubeis’ proposal to the audience and he placed blame for the cancellation on the Town Clerk’s office. He did not allow Town Clerk Puleo to address the audience or the board. Audience members didn’t quite understand the proposal and became incensed that Mr. DeRubeis would be permitted to continue with his presentation.  Several people were calling for Mr. DeRubeis to be fired even though he, as the messenger, was not the cause of the delay. 

Residents at May 22 Town Board MeetingDeRubeis’s plan did not sit well with Councilman McCarthy who questioned Mr. DeRubeis before huddling  with Town Attorney Matthew Jakubowski and Supervisor Vecchio.  A decision was reached to cancel the public hearing and to re-advertise this time for the two weeks in the Smithtown News, post the notification and to mail letters to residents as required by law.  Members in the audience were not happy and sought reassurance that Mr. DeRubeis would not get to speak on the overlay district until after the next scheduled public hearing for the overlay district. Some sought reassurance that  they would receive notification about the date of the new meeting which is currently scheduled for June 19,** 2014.

Councilman McCarthy, in a telephone interview on Tuesday, May 27, was still unsatisfied.  “It is extremely unfortunate that one of the most important public hearings ever in the the Town was canceled.The proposed overlay district has the potential to bring millions of dollars in tax revenue and to bring jobs into Smithtown. ” When asked why he did not agree to continue with the hearing and then to adjourn it, McCarthy said he is not opposed to changing the Town Code if it is decided that the current code is too restrictive. “That is something to be discussed down the road. For this public hearing it was important that the town get it right. I don’t want an article 78 brought against the town because we didn’t follow our own code.”

Town Clerk, Vincent Puleo was out of his office when called by Smithtown Matters.  Documents supplied by The Smithtown News clearly indicate that a single week to advertise the public hearing was ordered.  An employee in the the Town Clerks office verified that only one week was requested.

*Overlay zoning is a regulatory tool that creates a special zoning district, placed over an existing base zone (s), which identifies special provisions in addition to those in the underlying base zone. In the Hauppauge Industrial Park the district will provide for outdoor storage, parking garages and increasing the height of building structures. According to Town Planner David Flynn Smithtown already has an overlay district which was created in the flood hazard area of the town.  

Date of the meeting changed to reflect the approved date**