Smithtown Town Board Regular Meeting - October 2, 2025

The Smithtown Town Board met on Thursday, October 2, 2025, at 2:00 PM in the Victor T. Liss Board Room, Town Hall, Patrick R. Vecchio Building, Smithtown, NY. Present were Supervisor Edward R. Wehrheim, Councilman Thomas J. McCarthy, Councilwoman Lynne C. Nowick, Councilwoman Lisa M. Inzerillo, and Councilman Thomas Lohmann Sr. The board recognized Adrian Kelly, an IT network and systems administrator and 25-year town employee, as Public Servant of the Month; approved routine correspondence and a large consent agenda; conducted four public hearings; approved numerous resolutions, personnel actions, a site plan, and ended with public comment.

Correspondence

• The board authorized a Parade/Run/Walk permit for the Kings Park High School 5K on November 15, 2025, from 8:30 A.M. to approximately 10:00 A.M., with a rain date of November 23, 2025.

Public Hearings

• Zone Change Petition #2025-A (Cosentino Realty Commack PJ, LLC): The applicant requested modification of Zone Change #92-2 to increase the maximum gross floor area of the shopping center at Henry Street and Crooked Hill Road, Commack. The agenda and closing resolution state an increase from 528,537 s.f. to 555,713 s.f.; the applicant's engineer, Tom Filazzola, described it as an increase of 26,636 s.f., approximately 5%. He said the request would allow a 26,990 s.f. Marshalls retail building, a 4,950 s.f. satellite building, and 17,874 s.f. held in reserve for possible future Costco expansion. The engineer acknowledged some parking loss and said parking and front-yard variances would go before the Zoning Board of Appeals. Kings Park resident Sheila Pascucci spoke against what she called reckless, cumulative overdevelopment and alleged a pattern involving the developer; the exchange became disruptive, her time was ended, and board members responded that she was running for a County Legislature seat without local jurisdiction. The hearing was closed unanimously.
• Chapter 322 Mixed-Use Buildings / Hauppauge Industrial Park Overlay District: Planning Director Peter Hans presented amendments to allow accessory residential units only along Motor Parkway frontage, removing interior sites surrounded by pharmaceutical and distribution uses. The eligible site count would drop from 13 to 6 unless developers assemble properties. No public comment was offered, and the hearing was closed unanimously.
• Smithtown Water District Boundary and Water Main Extension: The board heard a proposal to extend public water to private-well parcels in two areas: 25 parcels on Oakside Drive and 9 parcels on Landing Avenue. The $1.667 million bond-financed project would be assessed on lots in the existing water district and reduced by any federal, state, or county grants. No public comment was offered, and the hearing was closed unanimously.
• 306 Third Avenue, Saint James (Emergency Structure Removal): Assistant Town Attorney Martin Simon said the property was declared unsafe and uninhabitable on September 12, 2025, after an administrative search warrant was executed. Chief Building Inspector Joseph Lorefice documented mold, debris blocking exits, severe structural rot, roof collapse risk, and lack of life-safety devices; the dwelling was placarded, its electric supply terminated, and it was boarded. Property owner Karl Walz Sr. and his adult sons opposed the action, citing lack of housing help, a neighbor dispute, health issues, and loss of belongings. The Town said Adult Protective Services found the family income too high for emergency housing assistance and that a prior grant referral was denied for the same reason. The hearing was closed unanimously.

Advertise for Public Hearing

• The board voted unanimously to authorize the Town Clerk to advertise an October 23, 2025, 2:00 P.M. public hearing on Proposed Local Law #13-2025, entitled A Local Law to Override the 2026 Tax Cap.

Consent Calendar

• Approved the minutes of September 18, 2025.
• Adopted Comptroller items 1 through 15, including: release of a $139,655.00 performance bond and $3,500.00 cash deposit for Marchant Drive, St. James; release of a $10,375.00 bond and $1,000.00 deposit for Nottingham Acres; acceptance of landscaping escrow deposits of $1,000.00, $1,000.00, and $600.00; multiple budget transfers, including $118,037.30 to Parks maintenance, $75,000.00 to road maintenance, $136,400.00 for highway heavy equipment, $65,233.51 for park improvements, $48,926.93 in NYS OPRHP grant funds, and $300,000.00 for the Lake Avenue sewer installation; and miscellaneous account adjustments.
• Approved Resolution 3019 for disposal and recycling of computers and equipment at the Materials Recovery Facility.

Resolutions and Approvals

• Issued SEQRA negative declarations for the Mannino site plan at 769 Middle Country Road, St. James, and for MLC Holdings LLC (BZA Case #18970) in Kings Park.
• Authorized advertising of Bid #25-092 (Recycling of Electronic Waste) and Bid #25-094 (Demolition of Unsafe Structure at 306 Third Avenue, St. James), returnable October 23, 2025, and Bid #25-096 (Annual Contract for Office Cleaning Services), returnable October 30, 2025.
• Awarded Bid #25-088 (Construct Paver Walkway at Survivors Park) to Laser Industries and Bid #25-083 (Demolition of Unsafe Structure at 20 Dawson Avenue, Kings Park) to Rayco Restoration & Construction Co., the latter conditioned on New York State Department of Labor registration within ten business days.
• Approved purchases, extensions, and other actions, including Proofpoint email protection from SHI Government Solutions; extension of Bid #25-025 with Lacal Equipment; rescission of the NYS DOT Route 25A snow and ice MOU; Highway Road Program addition of Franklin St., Monroe St., and Ketchum Ave.; Change Order #1 with Laser Industries for Charles P. Toner Park sports fields; extension with L.K. McLean Associates for landfill settlement survey services; acceptance of a $20.00 Animal Shelter donation from the Beigelbeck Family; extensions for screened sand, hazardous household waste disposal, and polyethylene bags; purchase of Meraki network hardware from SHI International Corp.; approval for AMA and Associates representatives to meet interested employees; adoption of Local Law #7-2025 amending Chapter 112 on OSHA safety training requirements; and rescheduling of the November 20, 2025 Town Board meeting to 7:00 P.M. at the Eugene A. Cannataro Senior Citizen Center.
• Issued Local Waterfront Revitalization Plan consistency determinations for Coastal Consistency Review #2025-12 (Anaty & Stephen Bonasera) and Coastal Consistency Review #2024-04 (Knight Lane Stormwater Outfall Repair), with conditions from the Planning Director.
• Approved a $1,000.00 settlement in Tara Cesarski v. Town of Smithtown.

Site Plan Approval

• Acting as the Board of Site Plan Review, the board conditionally approved the site plan for 769 Middle Country Road, St. James, the former Empire restaurant site. The proposal demolishes the vacant restaurant and adjacent single-family residence and constructs an 8,750-square-foot, two-story building for office and food retail use with a drive-through lane, 65 parking stalls, a new curb cut on Hobson Avenue, and a right-in/right-out on Middle Country Road. The applicant agreed to eight conditions, including monument-style signage, tree preservation, fire marshal review, highway and NYSDOT permits, utility pole removal, landscaping, and stormwater pollution prevention plan maintenance.

Personnel

• Extended seasonal laborer termination dates for Dean Falcone, Giuliana Sheppard, and Jared Schaffer from September 5, 2025 to November 28, 2025.
• Changed Irene Bautista, Kristin Doran, and Alexa Stern, Horizons Counseling & Education Center employees, from provisional to permanent status, retroactive to September 19, 2025.
• Ratified the Supervisor's signature on a Stipulation of Settlement agreement in lieu of a Section 75 proceeding for employee #008455.

Public Comments & Testimony

• Jarrod Behringer advocated for an inclusive, heritage-inspired destination playground in Smithtown Hamlet, citing a cost range of $750,000 to $1.5 million, a projected community return on investment of up to 4 to 1, and $10 to $20 spending per visit at local businesses. He recommended a mix of public funds, grants, and private donations. Supervisor Wehrheim asked him to call his office to set up meetings with planning and parks staff.
• Cathy Sciacca discussed Toner Park pickleball courts, saying one tennis court had been converted into four poorly done pickleball courts that are cracked, puddle-prone, and too close together. She requested that the remaining tennis court be redone to create six total courts with more spacing. The Supervisor replied that the request is listed in the 2026 capital program and that staff would meet with her, with the work expected to go out to bid.

Key Outcomes

• All votes taken during the meeting were unanimous 5-0, with Supervisor Wehrheim and all four board members voting aye; no dissents were recorded.
• Four public hearings were closed, and the board authorized the advertisement of the 2026 tax cap override public hearing for October 23, 2025.
• The consent calendar, all resolutions, Local Law #7-2025, the 769 Middle Country Road conditional site plan approval, personnel actions, and the Tara Cesarski settlement were approved.
• The tentative 2026 operating budget was distributed to the Town Board during the public portion.
• The supervisor directed staff follow-up on the playground proposal and the Toner Park pickleball court redesign.
• The meeting adjourned and the board moved to closed session.