Sports Complex on Old Northport Rd. - Good Idea? Maybe

Developer’s continued efforts towards for-profit sports complex

By Chad Kushins

Photo - Smithtown Planning DepartmentKings Park residents and elected officials alike are gearing up for an upcoming meeting of the Smithtown Town Board; the topic of interest is the status of a proposed deluxe sports complex to be located on Old Northport Road.  Although plans for the prospective construction have been in the works for years, it was only at last week’s Kings Park Civic Association meeting that the developer and property owner, Santilli Commercial Developers, publicly released their full proposal. 

It was at the Kings Park Civic Association meeting on February 9^th that Santilli’s attorney, Leonard Shore of Commack, spoke of the developer’s full vision for the construction.  According to Shore, Santilli’s proposal would call for the construction of five Olympic size playing fields with four designated for soccer, two mini-ball diamonds, and a 16,000 square-foot building for other sports purposes, including indoor batting and golf cages.  Only a few blocks away is a golf driving range and the Superior Ice Rink. Like those businesses, the Santilli complex would be a for-profit business, not a community facility.

As the property is currently zoned exclusively for industrial use, Santilli Commercial Developers is seeking a special-use permit, which is needed to move forward on the sports complex plans.  “They need to seek what is called a ‘special-use permit’,” said Smithtown Planning Department Director Frank DeRubeis.  “This means that a developer has outright uses in a given zone, but also certain things are permitted for additional uses.  But that comes with additional codes and restrictions.”

According to DeRubeis, a special-use permit is commonplace for commercial properties such as roller rinks, ice rinks, and similar sports facilities, for what is deemed ‘Commercial Public Recreation Use’.  “Lots of things are zoned for this,” said DeRubeis, “but in this case, they [Santilli] want a lot of outdoor facilities, which would need such a permit.  But before it can be approved, it needs to be considered by the Town Board.” 

The plan calls for 226 parking spots and a recharge basin – all of which have given local officials and residents cause for skepticism and concern, and not without reason.  The 44.5 acre site, located at 350 Old Northport Road at the intersection with Indian head Road, comes with a checkered past.  In 2008, the company was forced to pay a $275,000 fine for over-excavating on the property and in 2010, was fined an additional $200,000 for dumping illegal solid waste on the same lot. 

According to DeRubeis, Santilli’s plans for two large recharge basins, is something usually found near large areas containing impermeable surfaces, like parking lots, and is not something typically needed for constructions such as a sports complex.  DeRubeis plans to recommend to the Town Board that an Environmental Impact Study be done on the plan.

With residents aware of the company’s history in the area, Santilli’s sports complex plans could face opposition.  According to the Kings Park Civic Association, allowing for the construction of soccer and other outdoor activity fields would yield massive amounts of fertilizer, insecticides, and other toxic chemical treatments that could, potentially, effect the town drinking water.  A closer examination of Santilli’s proposal also raised awareness to its lack of public restrooms, a necessity for such a massive complex and its potential number of visitors. 

“We’re following everything that is going on with the special-use permit,” said Kings Park Civic Association President Sean Lehmann, who listed a few of the organization’s chief concerns.  “Santilli is claiming that he needs more clean-fill – concrete, rocks, and soil – for the construction, but is being monitored by the DEC [New York State Department of Environmental Conservation], which would hold him to only reaching 114 feet above sea level.  It’s another thing for us to watch.”

Lehmann continued, “Right now [Santilli] doesn’t have detailed plans for us to see, which is, probably, the largest concern among residents.  It’s tough not to have concrete plans to go over … The Civic Association had a meeting and we are actually concerned whether or not the construction is really going to happen, if it’s going to move forward.  In general, we would welcome sports playing fields in the community, but we want assurance that it would really move forward.”

He added, “We share the main concerns that the Town’s Planning Department has already expressed.”

Raising further concern is the property’s current status as a legal landfill under the DEC, the state agency that officially supervises any major construction.  According to their own mandates, any construction debris – including brick, concrete, soil, and rock – must be inspected and tested prior to building.  In the case of the Santilli property, such testing and “regrading” could take over a year. 

Santilli Commercial Developers’ request for a special-use permit was initially expected to be addressed at the February 23^rd meeting of the Smithtown Town Board, scheduled for 7:00pm at the Eugene A. Cannataro Senior Citizen Center on Middle Country Road.  As of this writing, however, the attorneys representing Santilli have made a formal request for an adjournment – aiming for March 22^nd.  

Smithtown Man Arrested In Used Car Scam

Suffolk County Police today arrested a Smithtown man for taking money to sell a used car, but never delivering the vehicle.  

Emmanuel Amaral, 42, collected $2,000 cash and a check for $2,800 for the purchase of a 2006 Ford Van. However he never delivered the vehicle, or returned payment to the victim.  

Amaral claims he sells vehicles and operates out of Jake’s Towing and Recovery, located at 4 Yerk Ave., Ronkonkoma. He has been charged numerous times for similar incidents in the recent past.  

Amaral was arrested at his house in Smithtown , at 9 a.m. He was charged with Grand Larceny 3rd Degree. He will be held overnight at the Fourth Precinct, and is scheduled to be arraigned at First District Court in Central Islip on February 16.  

Fourth Squad detectives believe there maybe more incidents involving Amaral that have gone unreported. Detectives are asking anyone with information about this incident to contact the Fourth Squad at 631-854-8452 or call anonymously to Crime Stoppers at 1-800-220-TIPS. All calls will remain confidential.  

The investigation is continuing.   A criminal charge is an accusation.

A defendant is presumed innocent until and unless proven guilty.

Rte. 25 Smithtown - New Road Configuration and Sewer System In The Works

By Chad Kushins

Photo by Jennifer M. KleiGovernment officials are continuing their efforts to revitalize Smithtown’s Main Street with a plan that includes construction of a sewage system and the reconfiguration of parts of rte. 25 into a single lane.

According to the office of Suffolk County Legislator John M. Kennedy, the sewage plan is based in part on a $70-million project that is currently underway in the Hauppauge Industrial Park.  Kennedy, who backed that project, is one of the key figures now investigating how similar planning on Smithtown’s Main Street could aid in rejuvenating that road and its ongoing struggle with defunct businesses and vacancies.  

In recent years other areas, such as Sayville and Patchogue, have seen economic growth after their own sewer system projects.  Now leaders in Smithtown hope for similar success.  With a sewage system in place prospective businesses and existing businesses looking to expand would have an easier time meeting the restrictions of Health Department codes – which is considered a primary cause of Main Street’s deterioration.

“All you need to see are the vacant properties all down Main Street,” said Kennedy, explaining the relation between a possible sewer system and its effect on business health codes.  “And you always hear the same thing – the business owners can’t get the number of seats, or the needed approval for expansions.  Everything is set, but it’s not up to code.” According to Kennedy his office is currently pursuing the needed funding to install such a sewer system in The Town of Smithtown.  Such a project would cost an estimated $40 million to complete.  “I think everything will fall into place,” he added, “but the final piece is the money.”

Last year Kennedy submitted an application to the Empire State Development Corp. [ESD] for additional funding towards a new sewer system, but the submission was rejected.  This week the legislator is slated to meet with the organization’s Long Island Regional Director, Andrea Lohneiss, to inquire what steps could be taken to successfully move forward with the sewer system plans, following the ESD’s initial rejection.

One reason the ESD might reject the proposal is the lack of the necessary land and acreage needed to house such a system.  After preliminary tests proved that an expansion and overhaul of the sewage facility located on Kings Park State Hospital property could take up to a decade, officials decided to set their sights on building a new facility all together.  “Our original plan was to utilize the State Hospital grounds itself,” said Kennedy, “but we received a pretty stringent letter [from Public Works] that stated unless the County conducted extreme due diligence, don’t even bother.”Now Kennedy is hoping to negotiate with Kings Park’s St. Johnland Nursing Center  to purchase enough land, approximately eight acres, of their property to construct the sewer system’s leeching fields.  

In the eyes of some town leaders the lack of a proper sewer system is only one reason that Smithtown’s Main Street has failed to attract new and prosperous businesses.  According to Supervisor Patrick Vecchio the high rent that it takes to operate a business out of downtown Smithtown is another key factor.  When the town purchased an old golf shop on Main Street from New York State a few years ago, hoping to rent the prime real estate and attract new businesses to the area, state law mandated a survey of rental costs in the area and the restriction to only charge the spot competitively – bringing the property’s lease to a pricey $22 per square foot.  “It was the location of Sunrise Golf,” said Councilman Edward Wehrheim.  “[The Town] purchased it and it will be repaid by the State over a number of payments … the spot is planned to be the new location for Horizons Drug and Alcohol Center, which is a town department and the contractor is retrofitting as we speak.” 

In addition to the inability to meet Health Department Codes and high rents, there is the growing concern about the thoroughfare’s overall safety.  In response to the fatal and near-fatal accidents over the last two years, the New York State Department of Transportation [DOT] is currently planning to narrow portions of the busy street down to a single lane this spring.  The plan would see a new traffic pattern, with one lane for westbound traffic and a designated turning lane. “The DOT showed us different concepts,” says Smithtown Planning Department Director Frank DeRubeis.  “Right now, they’re leaning towards the plan for the one-way westbound and two-way going east.”  According to DeRubeis construction would likely begin sometime later in the year, although the DOT initially planned for preliminary work this month.  

The DOT revealed its prospective plans to a select group of elected officials and community leaders this past December, laying out a temporary re-striping plan while it considers other more permanent plans.  Of the concepts discussed, the narrowing of Main Street became the most logical strategy.  The project itself is expected to cost around $200,000.

Main Street, which has seen three fatal accidents since November 2009, has been a major source of controversy among both residents and town officials for years.  The most recent incident involved two young sisters Mabel, 13 and Melody, 9 Burgos, who were struck by an SUV on May 5, 2011.  Thus accident was the third major incident on Smithtown’s Main Street in a two-year time-span.  In November 2009  a hit-and-run incident resulted in the death of 11-year-old Courtney Sipes and the similar death of 33-year-old war veteran Seamus Byrne on February 27 – both within a block of each other.  The accidents occurred on the 1 1/2-mile stretch on the main road that extends, roughly, from the Nissequogue River to Route 111.  According to the DOT, between 2003 and 2008, there have been 359 auto collisions along this stretch.  An estimated 33,000 cars travel along this stretch on Main Street everyday.  Since the death of Courtney Sipes, law enforcement officials and local leaders have made efforts to improve safety measures on the town’s main road.  In 2010, a four-foot high fence was installed on that strip, as well as a widening of the crosswalks and a deliberate synchronization of the traffic lights at the intersections.  As the public outcry for new safety measures followed, the Town of Smithtown added streetlights to the strip of road – changed right on red policy on problem turns on Main Street, Elm , Lawrence, Landing and Bellemeade Avenues – and boosted patrols by assigning Park Rangers to drive along the area during the daytime hours.  

On May 25 of last year, the Smithtown Town Board began its own proposal to “narrow” Main Street in the hopes of slowing down dangerous traffic, particularly during the daytime hours when pedestrians of all ages flood the sidewalks to stroll along the many businesses.  The town proposal would seek to remove one lane in either direction and add new turning lanes down the center of the road, lowering drivers’ overall speed.  In addition, the proposal calls for the elimination of some of the road’s on-street parking.  

But while no major incidents have occurred since last May, residents and officials alike have continued to voice their concerns that a permanent solution be sought; however, safety measures would have little effect on the economic downfall surrounding the popular road.  

In Kennedy’s opinion, the safety measures along Main Street would most likely be the top priority when it comes to funding.  “Any efforts of the DOT would, usually, come before anything having to do with the sewer system,” he said.

As of this writing, the DOT is continuing with its plan for the one-lane construction as county and state officials negotiate the possible construction of the proposed sewer system.

Commack Man Dies In House Fire

Suffolk County Police Homicide and Arson Squad detectives are investigating a fire that killed a 78-year-old man in Commack today.  

Timothy Donolli, 48, and his 78-year-old father Louis Donolli, were on the second floor of their home, located at 42 Deepdale Drive, when he smelled smoke coming from the lower level of the house at approximately 1:30 p.m. Timothy went downstairs and tried to extinguish the fire but was unsuccessful.  He then attempted to go back upstairs to evacuate his father but he was unable the get to the second floor because of the fire.  

Michael Magner, 49, of Huntington, was working nearby when he saw the fire. Magner went inside the home and helped Timothy get out of the house.  Louis was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner. Timothy was taken to Stony Brook University Medical Center with non-life-threatening injuries via Commack Rescue.  

The Commack Fire Department, with assistance from the Brentwood, East Northport, and Dix Hills Fire Departments, extinguished the fire.  

The fire does not appear to be suspicious and the investigation is continuing.

Grand Jury Critical of Smithtown Officials in Demolition

Report claims local government’s practice ‘undermines the town code’

By Chad Kushins

This week, a Suffolk County Grand Jury issued its report on the 2009 demolition of a Smithtown lumberyard. The report was critical of members of Smithtown’s Town Government for their complicity in the unlawful demolition of the property. Although no legal action is expected against town officials the 40-plus-page report pulled no punches in criticizing how certain town officials participated in unlawful activities and violated Town Code.

The property in question, located at 102 West Main Street, was partially demolished and under investigation since 2009.

According to the Grand Jury, the end result of the 2009 unlawful demolition “constituted an utter disregard for the well-being of local citizens”. The report goes on to state that the commercial site was demolished with asbestos within the structure. According to the testimony of an unnamed New York State employee, the Department of Labor inspected the parcel of land following the demolition and, after testing those samples, found asbestos to be present.  Because of the significant health issues attributed to airborne asbestos there are strict rules regarding the removal of asbestos. The unlawful demolition did not adhere to accepted protocol for asbestos removal.

The Grand Jury report did not identify town officials or the land developer; instead, letters were used to identify each of the parties involved.  According to the report, the developer of the property, identified as “Developer A,” was pressured into demolishing the property and at one point received a handwritten, unsolicited tax map chart from a town official, identified in the report as “Town Employee C,” which showed a tax reduction of more than $40,000 if the land were vacant.

The report continued, after being notified of the potential $40,000 tax reduction if the demolition was done before the March assessment deadline, the developer began the demolition and was issued a Stop Work Order.  Soon after the issuance of the stop work order, in a phone conversation, “Town Official A” pressured Developer A to continue the demolition, telling him, “Yeah, what’s the big deal?  You get a summons.”

Although the report utilized letters to represent the names of the parties, local media was quick to identify certain aspects kept from the record.  In a 2009 article, The New York Times reported that the Smithtown property was owned by North Fork Management and Maintenance, headed by East Hampton resident Salvatore DiCarlo; in a recent interview with Newsday, Councilman Robert Creighton identified the lot, stated as “Commercial Parcel A” as the former site of Nassau Suffolk Lumber and Supply.

Councilman Edward Wehrheim has identified himself as “Town Employee E”, although he did not confirm the names of others in the report. 

Despite the report’s findings, of unlawful activity no indictments were issued. Instead, the Grand Jury issued 17 “recommendations” they include:

Smithtown must enact legislation establishing an independent Board of Site Plan Review to ensure “that the legal mandates of site plan review are enforced”.   Currently town board members serve in this capacity.

Smithtown must amend the town code requiring property owners adjacent to a construction or demolition project be notified to allow them to be heard.

Smithtown must amend the town’s Code of Ethics to mandate any public servant with personal knowledge of the violation of town code “has an affirmative obligation” to report it the appropriate town department.

Smithtown must adopt a statute authorizing the removal of any public servant “who engages in misconduct” consistent with the provisions of New York State’s Public Officers Law. 

Calling on town officials to refrain from interceding in commercial projects “in a manner that undermines the town code”, the Grand Jury recommended the town obtain an “independent review” by the state of the Office of Town Assessor to insure all properties are assessed “on a uniform and equitable basis” and that Smithtown “audit the practices and procedures administer by the town Assessor “particularly…the assessment of commercial properties”.         

Wehrheim commented that numerous suggestions from the report should be drafted into law, although appointing a Board of Site Plan Review could face the problem of having to pay additional employees selected for such a task.

According to the report, Developer A was fined $3,500. The report indicated that Town Employee “C” reconsidered the $40,000 reduction after the District Attorney’s office started its investigation. The property taxes were reduced by $4,000.

The Grand Jury findings come following a full investigation by Suffolk County DA Sputa, which concluded last June.  During the investigation investigators who left with boxes of official town documents raided numerous town offices, including Smithtown Town Hall. 

Until this week’s Grand Jury presentation, the nature of Spota’s investigation was unknown, 21 witnesses were called and over 1,000 documents were used as evidence.

Click Here For Grand Jury Report

NOTE: Smithtown Matters founder and editor Patricia Biancaniello, former Councilwoman for The Town of Smithtown, is identified as “H” in the Grand Jury’s report.