21-Year Old Kings Park Resident Killed In Hit-and Run Crash

Correction: Kieran Smith was driving his 2008 Nissan east on the Long Island Expressway when his vehicle became disabled and he was walking on Express Drive South in Brentwood when he was struck and killed by a hit-and-run driver on April 1. The location where his vehicle became disabled was incorrect in the original release

Suffolk County Police Third Squad detectives are investigating a hit-and-run crash that killed a 21-year-old disabled motorist this morning.

Kieran Smith was driving his 2008 Nissan on Express Drive South when his vehicle became disabled east of the Sagtikos Parkway.  Smith, of Kings Park, left his vehicle and was walking on Express Drive South when he was apparently struck and killed by a vehicle whose driver fled the scene.  A passing motorist discovered Smith’s body on the shoulder and called police at 7:45 a.m.

The Nissan was impounded and the investigation is continuing. 

Detectives ask anyone with information on this incident or who may have witnessed this crash to contact the Third Squad at 631-854-8352 or call anonymously to Crime Stoppers at 1-800-220-TIPS.  All calls will remain confidential.

Hess Commack - The Public Spoke Against- Town Council Members Did It Anyway

Hess Gas Station Approved for Jericho Turnpike

Amid concerns from residents and local officials, Town Board approves controversial zoning change 3-2

By Chad Kushins

To the chagrin of many residents and local officials, at last week’s regular meeting of the Smithtown Town Board, Hess Corporation received its approval to build a gas station and convenience store on the corner of Jericho Turnpike and Harned Road in Commack.  

The decision to green-light the controversial zone change from “Whole Service Industry” to “Neighborhood Business” to accommodate Hess Corporation’s plans to build a 12-pump Hess Express in Commack was voted 3-2 at the March 22^nd meeting.   Supervisor Patrick Vecchio, keeping his previous promise to remain against the zoning change and construction, was joined by Councilman Ed Wehrheim in voting down Hess’ approval.  Fellow Town Board members Robert Creighton, Kevin Malloy, and Tom McCarthy voted for Hess.

“I voted for it and my opinion is that it’s a good thing,” Creighton told Smithtown Matters.  “There was controversy and there was more than a fair share of communication between the Town, the residents, and with Hess … But it will be a big benefit to the neighborhood and it was a good application by the Hess corporation.”

In opposition, Councilman Wehrheim stated, “As it’s well-known, I was opposed to the Hess station as far back as 2009.  With the application now, I hadn’t seen that anything had really changed enough to change my own opinions.”

According to Wehrheim, he had been holding out hope that if his colleagues voted down the application again, the town could pursue a less controversial future use of the property; in the past, companies TD Bank, Walgreen’s, and other chains had expressed their own interest in the property, yet nothing came of those inquires.  “I was holding out to see what would come of other inquiries about the spot,” continued, Wehrheim.  “But basically, nothing happened.”

Wehrheim added, “However, I respect my fellow council members and their opinion.  Fundamentally, that’s how government works.”

Smithtown’s elected officials had voted down a similar application from Hess in 2009 due to traffic and safety concerns, with the Supervisor against its approval even then.  

The proposed plan calls for the former Shell gas station building at the intersection of Jericho Turnpike and Harned Road to be reconfigured into a 1,230 square-foot convenience store and gas station.  As part of the company’s plans, 12 gas pumps are to be installed, eight more than the previous Shell station’s four pumps.  The current pattern has vehicles entering the intersection from two directions each on Jericho Turnpike and Harned Road, as well as an exit ramp from the northbound lanes of the Sunken Meadow Parkway.

The decision comes following the February 23^rd regular meeting of the Town Board, which saw an unprecedented outpouring of community members speak against the gas company’s proposal.  That meeting, which saw 28 residents step forward to address the Town Board members and speak out against the Hess approval, ran for nearly three hours, culminating in widespread local media coverage and a grassroots campaign to keep the construction from taking place.  

Rudy Massa, the owner of the Gasoline Heaven station at 2088 Jericho Turnpike for more than 40 years, presented a petition which included the signatures of more than 1,800 local residents and storeowners who were against the Town’s approval.  

“The reason that any gas retailer wants to expand to this size, of course, is that they want to maximize profit,” Massa initially told Smithtown Matters.  “[But] the key factor here is safety … It’s a five-corner intersection and is a nightmare.  I have grandchildren that are of driving age and we’re all on this road everyday.  It could be very dangerous.”

Of last week’s Town Board approval, Massa commented, “Justice wasn’t served.  The community spoke, but [the Town Board] simply didn’t listen.”

Massa continued, “I would like to commend Supervisor Vecchio and Councilman Wehrheim, however, for understanding our safety concerns … In general, we may need a change in Town Board.”

Massa had been joined by a number of retailers in Commack in writing and circulating the petition, especially after customers would come into his station and express their own worries about Hess’ plans.  “Originally, the Town Board said to us that, because of safety concerns, [the construction] wasn’t going forward.  Now, a few years later, it’s back on the docket … I’ve had tremendous feedback from customers, expressing their concerns.”

One outspoken critic of the Hess proposal is Assemblyman Michael J. Fitzpatrick who, though unable to attend the February 22^nd meeting, sent a personal letter to be read.  “Please deny [the proposal] for reasons of safety,” Fitzpatrick’s statement to the Town Board read, citing the difference in size and style of the old Shell station his reason for concern. 

“The reason that I wanted to get involved,” Fitzpatrick initially told Smithtown Matters, “is that this is really a zoning issue.  You can’t use business competition as a relevant issue in this.  The problem, really, is that Route 25 is a state road and we’ve had six separate recent deaths along it … Because this is a five-corner intersection, safety is a major concern.”

Hess Corporation is next expected to present their construction plans to the Smithtown Planning and Community Development Department to determine if any variances would be needed.  Pending that meeting, construction would be allowed to go forward with the Town’s approval.  

Town Seeks Compromise - Residents Seek Peace And Quiet - Insignia Seeks Parking

Can A Compromise Pave the Way for Restaurant’s Parking 

Town Board presents possible solutions to Insignia and residents alike

By Chad Kushins

After weeks of residents expressing concern and skepticism, compromises have been presented by the Town of Smithtown to the owners of popular upscale restaurant, Insignia, hoping to amicably pave the way for the eatery’s request of a larger parking lot while securing the privacy and quality of living to nearby neighbors.  

Last week, the owners of the steak and sushi house made their case before the Town Board, their presentation quickly countered with a similar compromised proposal from the Planning Department.  Under the Town’s proposal, a buffer would be constructed in the back of the eatery, creating a sound barrier for the homes located directly behind the structure.  

Over the past few months, the owners of the popular eatery have faced the criticism of local residents, many of whom claim that Insignia’s patrons have been parking along the nearby residential streets when the provided spaces maxed past capacity.  In addition, homeowners living directly behind the restaurant – which stands at the former location of Boulder Creek Steakhouse on the corner of Nesconset Highway and Mount Pleasant Road – have faced noise pollution, claiming that a sound buffer would be needed to ease the negative effects of having a packed restaurant in such close proximity.  

At the March 22^nd meeting, held at the Eugene Cannataro Senior Citizen Center in Smithtown at 7:00pm, the owners made their presentation, angling for the needed variances which would allow the parking lot expansion.  In response, the Planning Department presented their possible compromise – the sound buffer that residents had been hoping for, but with an added stipulation.  According to the Planning Department, Insignia would be allowed to install not only the 51 additional spots originally requested, but rather, 105 spots, stating that the initial number would prove too low to accurately remedy the problem.

“We appeared before the Board of Zoning Appeals [BZA] to reduce the buffer,” Insignia’s attorney, Donald King of Kings Park told Smithtown Matters.  “[Town Planning Director Frank DeRubeis] came up with a plan that we think will work … It’s a pretty good plan, but we would just have to tweak it.  We need to make sure it’s workable and , hopefully, the Town Board and the BZA will approve the buffer.”

According to King, for a grand total of 227 parking spots, Insignia would have to agree to construct a buffer separating the restaurant from the nearby houses. The plan reduces the current buffer from 100 feet to 80 feet. Initially, Insignia’s owners had sought to reduce the buffer zone from 100 feet to 58 feet in order to increase their parking spaces.  In the reduced 80-foot buffer zone, Insignia’s owners would be responsible for installing a 10-foot high, 50-foot wide buffer, called a “berm”.  This structure would be planted with trees and landscaping, capable of absorbing water, and similar to the one at Hidden Ponds development across Route 347. 

In previous interviews with Smithtown Matters, both Planning Director DeRubeis and Assistant Town Planning Director David Flynn outlined the major factors involved with the restaurant’s requests.  According to both officials, the initial Insignia variance consisted of two elements – setting the standing parking lot from 100 feet down to only 50 feet, which created more room for additional parking spots, yet brought the restaurant’s daily business ever closer towards the residential community.  Additionally, Insignia’s variance called for “altering what has been deemed ‘environmentally sensitive land,’” according to Flynn,  groundwater concerns on the property had previously mandated strict zoning codes.

“When Boulder Creek had its original zone changes, there was the 100-foot buffer on the structure’s north side,” DeRubeis told Smithtown Matters.  “When the owners converted the restaurant into Insignia, changes were made to that site plan – something that would have come with its own restrictions … whenever someone constructs a parking lot in town, one of the major standing restrictions is that it cannot be done on an area with less than 10 feet of groundwater.”

As previously reported in Smithtown Matters, the property on which Insignia now lies was already labeled environmentally sensitive due to its current groundwater table of less than 10 feet below the surface.  The owners previously received a summons for building an additional gravel parking lot without the granting of necessary permits.  Upon receiving the summons, the restaurant’s owners filed an application for an area variance to expand the parking lot and reduce the buffer from 100 feet to 50 feet, increasing the restaurant’s parking past what is required under town code.

According to local resident Larry Vetter, whose house runs directly behind Insignia’s back parking lot where the proposed buffer would lay, concern began when the switch was made from Boulder Creek’s family steakhouse format to Insignia’s upscale reconstruction.  Originally promised that the restaurant would remain the same size with little alteration, it soon became apparent to he and other residents that the construction would enhance the size of the full structure.  

Additionally, residents were worried about the groundwater aspects, including possible sewage runoff, but the Town’s recent compromise could set homeowners’ minds at ease.

“One of the things that came out of the town meeting that [residents] were unaware of was that the Planning Department was working on its own ‘compromised’ plan,” said Vetter.  “It’s definitely a better plan, a good alternative … My initial review is that Mr. DeRubeis’ new plan isn’t a bad idea – as long as the berm is constructed as it was described.” 

Although, according to Vetter, some residents are still skeptical, the Town’s latest compromise works to address both the parking problem and the environmental concerns.  “Plus,” Vetter continued, “a berm would solve many of the groundwater problems.”

Following the Town Board meeting, DeRubeis welcomed residents from the neighborhood behind Insignia to his office, hoping to clarify his plans and set their concerns at ease, a gesture of community outreach that Vetter claimed was “pretty good” in its attempts to outline the berm construction.  

“All of the residents who were most concerned were [at the meeting], said Vetter.  “We all agreed, in principle, to Mr. DeRubeis’ plan – provided that the Town follows through with what they presented to us.”

In regards to the groundwater and sewage concerns, Vetter added, “A couple of the residents were concerned with sewage pump-outs.  When the structure was still Boulder Creek, there were incidents with the sewage system, but it’s been pretty regular since the switch.  But, that’s really the concern of the Suffolk County Health Department … As far as our major concerns, it’s in the hands of the Town at this point.”

“We met and reviewed [the Town’s] plan,” said Brilner Drive resident Laraine Rossi.  “As a group, we made some suggestions that we thought were reasonable …  Mr. DeRubeis is planning to meet with Insignia’s attorney, Donald King, to discuss some of our ideas for the plans and we’re just waiting to see what comes of that.”

This week, Insignia attorney King also appeared before district court for the initial parking lot summons, although details could not be given as the matter is ongoing.  Insignia’s owners and representatives will go before the court again on April 10^th.  

No further appearances are needed to move forward with the new buffer, although Insignia is awaiting the approval of both the Town Board and the BZA.

Homeowners Meet With Town Over Insignia's Parking

The homeowners on Brilner Drive are scheduled to meet with Smithtown’s Planning Director, Frank DeRubeis, on Wednesday afternoon.  The topic of discussion will be the plan derived by the Town’s planning department which seeks to address the parking situation at Insignia Restaurant (the site of the former Boulder Creek Restaurant). The restaurant is located on Nesconset Highway and Mt. Pleasant Road in Smithtown. At the Board meeting on March 22, homeowners presented the Town Board with petitions signed in opposition to the parking lot constructed without permits and without Town approval at the Insignia site.  At that meeting, homeowners complained about increased noise, lighting and drainage issues. 

The owner’s of Insignia constructed a parking lot on an area of property that provides a buffer between the restaurant and the homeowners.  At the Board meeting homeowners were clear that they were not expressing nimbyism.  They congratulated the owners of Insignia on the success of the restaurant but they were also clear that Insignia’s success could not be at the expense of their quality of life. 

The homeowners have produced a letter from the lawfirm of Meyer, Suozzi, English & Klein, P.C. that explicitly prohibits the intrusion on the buffer that was created in 1998.  The letter states, “simply stated, this document commits the current owner (Barbato Family Circle) and all future owners of the 50’ buffer to a promise that no part of the scenic easement will be improved, built upon or otherwise altered without your express written consent or the consent of anyone who should own your property in the future.” 

Insignia is an upscale restaurant that has had tremendous success.  It offers valet parking but there is inadaquate space to provide the parking needed for its patrons. The owner’s are asking to have the back of the restaurant , currently protected by a covenant, made available to them for parking purposes.  The back of the restaurant’s property abuts homes on Brilner Drive.

In addition to the parking concerns the property lies in a high water table area. An original proposal to add spaces to the front of the property was rejected because of the high water table.

School Budgets Reaching Looming Deadlines

District officials prepare final push amid State tax cap

By Chad Kushins

With an upcoming April deadline, and facing the additional pressure of New York State Governor Andrew Cuomo’s controversial “two-percent tax cap”, local school district officials throughout Suffolk County are enacting a “final push” to pass their respective budgets for the coming year.  Among those districts now making public presentations and offering workshops to entice public support are our four local school districts; Smithtown, Kings Park, Hauppauge, and Commack.

Since the tax cap was first announced earlier this year, school districts, across the state, began to make alterations to the amount of funds they would have available come budget time. Districts have made cuts in faculty and hiring, programming, and a school closure.  As the budget deadline approaches, the four school districts, have taken proactive measures to reach out to residents and to address concerns.

One of the most prominent variables this budget year is the State-mandated “tax cap” of two percent.  Under the new law, the “cap” establishes a limit on the annual growth of property taxes levied by local governments and the school district to “two percent”, or the rate of inflation.  The cap is universally determined by which of the two numbers is the lowest; in essence, a limit on a normal tax levy.  But whereas a tax rate – the amount collected from each property owner – may be more or less than the increase in the levy, depending on the decrease in property values in a given town, the tax levy is the actual amount of tax money collected by the Town and finally allocated to each school district. 

Under normal State guidelines, each district’s Board of Education [BOE] is obligated to assess a tax levy for the coming school year.  This figure is the total amount that the Board determines will be needed to balance the school’s budget after State Aid and other revenue sources are taken into account.  The overall levy is then projected before the school budget vote in May – just over one month away – yet the school board can amend the levy if conditions change prior to the levy is finalized in September.

This year, with cuts affecting every school in New York State, the new “tax cap” was met with almost unanimous skepticism by district officials, all of whom have been scrambling to determine their own budgets with the “cap” adjustment in mind. 

The school districts’ budget votes will be held on May 15^th.

Commack

Just this month, Commack Superintendent Donald James surprised many residents within the district with his March 15^th announcement that he would be taking a “pay freeze” for the coming year, urging fellow faculty members to do the same. 

Under the Commack district’s proposed $170 million budget, school officials are considering laying off 40 to 60 teachers, one administrator, two secretaries, six custodians with an additional $700,000 in cuts or savings.  Additional program cuts could include the elimination of assistant coaches for 16 sports teams, elimination of the varsity swim team, and elimination of a list of co-curricular clubs and honor societies –much to the chagrin to vocal residents.

According to James in a recent statement on the district’s website, the option of renegotiating contracts and potential pay freeze have been put to the teacher’s union for consideration.  James claimed a teacher’s pay freeze, would save the district nearly $4 million and eliminate the need for many cuts.

“As the leader of this District, I fully understand that many among us are dealing with great financial strain,” reads the superintendent’s statement.  “We must work together to do what is best for our children and our community.”

Commack’s next budget workshop will take place on March 29^th at 8pm at Commack High School.

Hauppauge

Even with the “tax cap”, the Hauppauge School District’s proposed budget includes numerous items, displaying growth contasting the overwhelming cuts in other districts.  In February, Superintendent Patricia Sullivan-Kriss initially presented the district’s proposed budget, explaining the needed add-ons which account for the full $98.5 million.  Sullivan-Kriss’ suggestions include the hiring of seven teachers, purchasing three vehicles, and a proposition for renovations at two elementary schools.

“We’re at a 2.9 percent levy increase, which is well-below the tax cap,” Sullivan-Kriss told Smithtown Matters.  “We were able to do that, in part, thanks to settling contracts with the union.  We worked well together and were able to bring in contracts that were below the cap – and even propose some new hires.”

Sullivan-Kriss continued, “Naturally, the feedback from the community has been positive.  Over the last three years, we’ve seen 25 percent of our administrative staff reduced.  So, the idea that we created such efficiency with personnel has been great.  But, just like with all of the districts, going forward in the future, it will be more and more difficult as we face additional cuts.”

Even with the district’s purchases, the proposed budget stays within the state’s new two-percent tax levy cap.  According to Sullivan-Kriss, the district is hoping to hire 5 full-time special education teachers for its integrated co-teacher model in the elementary schools, a full-time teacher for its “Languages Other Than English” programs, and a full-time Literacy Collaborative support person to support reading instruction.  However, the proposed hiring of new faculty does come at a cost: letting go 16 teaching assistants currently employed within the Hauppauge district.

Other changes to the budget include funds to purchase two minibuses and a maintenance van to replace the district’s aging transportation fleet and a separate proposition for renovations at Forest Brook and Pines Elementary School.

Hauppauge expects to lose $296,976 in foundational aid and $10,804 in BOCES aid under Cuomo’s budget. 

Kings Park

In Kings Park, budget cuts and a population increase made for a predicted 28.6 student class size in their upcoming sixth grade classes.  With this in mind, the district is current proposing a 2.7 percent levy, putting $130,000 back into the budget, either creating a new teaching position, or keeping a current faculty member on-staff, to aid in easing the burden of a larger class population.  Additionally, Kings Park is looking to create one new clerical position and a groundskeeper. 

“We are waiting for some additional information as far as increased state aid to the district,” Kings Park Superintendent Dr. Susan Agruso told Smithtown Matters.  “We are also waiting to get the final word on which teachers may be retiring at the end of this year – that also factors in to the final proposal.”

Like many other school districts, teachers in Kings Park’s sixth grade work in teams of two teachers, one to cover each core subject.  According to Agruso, proposing an 11th teaching position or keeping one member of the staff for the sixth grade could, potentially, drop the class size to 28.6, down from the initial 31.5 prediction. 

The State cap for the district is 2.9 percent, which if used, would boost the budget an additional $140,000.  However, a 2.7 percent tax levy would increase the budget by $130,000 and set the budget at $80,537,086 – according to the district’s most recent update.

Aside from the proposals to maintain a workable faculty size, proposed cuts to the district’s budget include phasing out French language classes, decreasing offered electives, consolidated bus runs, and the termination of four bus drivers.

The district held a budget workshop on Saturday, March 24^th at 9:00am at Kings Park High School.

Smithtown

The Smithtown Central School District has not yet released its proposed budget, although the district was hit hard by state cuts.

“We will be adopting [the budget] on April 17^th,” said Superintendent of Schools Edward Ehmann.  “In the meantime, like other districts, we’ve been conducting workshops and posting updates in regards to what the parameters are for the coming expenditures.  As of now, we know what the tax levy will be.”

Ehmann continued, “So, we’re at a point right now where there is a consensus of agreement with the BOE to close the gap and what we can do under the tax cap.”  The Superintendent did state, however, that current cuts and plans would most likely result in having to add three or four more students to each class in the high school.  But, he added, “the impact is small.”

One major casualty of recent cuts is the announced closing of Nesconset Elementary School, set to shut its door indefinitely at the end of the school year in June.   According to the district, the decision was made due to rising costs and declining enrollment.

The district’s Citizen Advisory Committee first made the closure recommendation in an over 200 page report in January of this year.  The report says Nesconset Elementary School has higher utility costs, lower classroom capacity and limited future enrollment potential compared to other schools.

The closure is expected to save the district one million dollars, according to the BOE.  Several teacher positions are expected to be eliminated in the district following the Nesconset closure.

Ehmann says the current fifth grade class at Nesconset Elementary School will go to Great Hollow in the fall.   Students remaining in elementary school will transfer to Mills Pond Elementary School in Saint James this fall.

From there the fate of students after graduating Mills Pond is unknown, says Ehmann.  The Board of Education will decide in the  coming months where to send Mills Pond graduates – either Great Hollow Middle School, Nesaquake Middle School or a combination of both.

The closure could mean graduating fifth graders are reassigned to new middle schools across the district as the district rearranges the feeder pattern into existing middle schools.

The district will hold its next community budget information meeting at April 4^th at 7:00pm the district’s administrative building, 26 New York Avenue, Smithtown.  After the April 17^th budget adoption, Ehmann claims that members of the district will be making themselves available to both discuss and make presentations “to constituents to explain the details” of the finalized budget.