OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Smithtown Town Board Regular Meeting – February 3, 2026

Town Board — Tuesday, February 3, 2026
BodySmithtown, New York
SessionTown Board
DateTuesday, February 3, 2026
StatusFILED
Video Record
0:00 / 27:16

Transcript — Verbatim
0:00

Of the United States or America which is standing one nation undergoing with liberty justice for all roll call supervisor we high here councilman McCarthywoman Miller Councilwoman in Zarolo.

0:18

Yeah.

0:18

Okay, we will begin this afternoon.

0:21

Uh we have, I believe, three site plans.

0:23

Mr.

0:23

Chaddo, you're up.

0:26

Good afternoon, supervisor, members of the town board, and Liam Chotta with the planning department, and I have three site plans to present this afternoon to the board acting as the board of site plan review.

0:35

The first application is called renewed dental spa.

0:38

The subject site is located on the west side of Bank Avenue, just north of Main Street here in Smithtown.

0:44

The applicant is proposing to demolish an existing 1,150 square foot office building and construct a new 3,430 square foot two-story office building with a full cellar and associated site work.

1:00

So this is the proposed site plan.

1:02

I'm going to show you this is the proposed demolition plan of the existing building just to kind of give you an idea of the footprint of the existing structure in relation to the proposed site plan where they're proposing the building just at the north property line.

1:17

So the footprint is getting about approximately like 600 square foot bigger than existing.

1:22

Due to the building being on the north property line.

1:56

The proposed site plan will include a uh a paver patio behind the building, landscaping along the west and south perimeter of the site, and along the south uh portion of the property will be a concrete sidewalk to connect from uh the main sidewalk along Bank Avenue to the back of the building.

2:15

It's the proposed architecture of the building.

2:19

Uh this is a street view photo of the existing office building.

2:23

Okay, and a rendering of the proposed this is a view from the rear portion of the building.

2:32

The applicant uh this proposal did go to the board of zoning appeals and receive variances, and the applicant has agreed to five conditions of site plan approval.

2:40

The first is that they obtain the applicable building permits from the town building department.

2:44

The second condition is that the applicant shall provide a uh a design and temporary sheeting embracing plan uh used along the property lines in order to protect and maintain existing conditions on the adjacent properties.

2:56

The third condition is that the applicant shall submit to the engineering department a report from a geotechnical engineer regarding the pre-construction conditions of all adjacent buildings and structures and the plan to continuously monitor those buildings for potential settlement or damage during construction.

3:11

A written and signed agreement with the adjacent property owners will be required and must be submitted to the planning and engineering departments.

3:18

The fourth condition is that the applicant shall obtain a highway work permit from the highway town highway department, and the last condition is that the existing 27-inch diameter tree on the adjacent property to the north shall be preserved.

3:31

Does the board have any questions on this application?

3:35

No.

3:35

Okay.

3:36

Okay.

3:36

Thank you.

3:37

Thank you.

3:39

The next application is 250 wireless, Terry Nichols.

3:43

The subject site is located on the north side of Wireless Boulevard, east of Moreland Road and in the Hopog Industrial Park.

3:50

And the proposal is for a parking lot expansion and retaining walls along the north side of the site.

3:56

So this dash line is the extent of the the existing parking lot, uh, and they'll be including a parking lot expansion along the north.

4:04

And this is really to facilitate, they're now a trucking station.

4:07

Company, the business of the site is a food distributor.

4:10

So they'll be facilitating a parking lot expansion for 29 uh truckloading stalls.

4:16

Uh they'll be installing an eight-foot retaining wall just north of the parking lot, and the parking lot's on the lower side of the wall.

4:25

Uh the applicant is also proposing a new generator along the west side of the building and a couple of facade modifications there in close infilling a couple of entry doors along the west elevation uh as well.

4:37

This shows the elevation plans kind of hard to see, but the infill of the two entry doors are gonna be bricked to match the main building.

4:45

Uh this proposal did go to the Board of Zoning Appeals uh for the special exception of a trucking station as well as the height of the retaining wall.

4:52

Uh they receive variances, and the applicant has agreed to four conditions of site plan approval.

4:57

The first condition is that they obtain the necessary permits from the town building department.

5:01

The second condition is that the applicant install a tree preservation fence around all trees to be preserved on site.

5:07

The third condition is that all proposed deciduous trees to be planted shall be a minimum size of three to three and a half inch caliper.

5:14

And the last condition is that the applicant shall obtain separate building permits for the proposed retaining walls.

5:21

Any questions on this application?

5:24

Okay.

5:25

Thank you.

5:26

And the last application is Long Island CARES.

5:31

The subject site is located on the northwest corner of David's Drive and Adams Avenue in the Hophog Industrial Park.

5:38

And this proposal is similar to the last.

5:40

It's for a parking lot expansion.

5:43

This plan's a little flipped, but this is the north side of the site.

5:46

They're gonna be bumping out the parking lot and also installing a retaining wall along the north side of the parking lot expansion.

5:55

Uh this parking lot will be on the higher side of the wall, so the adjacent site to the to the north is on the lower end.

6:02

Um this parking lot expansion is not necessarily increasing that many parking stalls on site, it's more facilitating the truck maneuverability on site.

6:12

So there's one curb cut, one access along David's Drive, so trucks uh drive along the side of the building to access the loading bays located on the north side.

6:22

Uh the existing conditions are a little tight.

6:24

It's hard for trucks to maneuver on site without interfering with existing parking stalls, so this will give them a little more room and protect any customer employee parking as well.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████41%
Engineering And Infrastructure███████████████████████████27%
Public Engagement████████████12%
Tree Management██████6%
Veterans Affairs██████6%
Public Safety██████6%
Pending Litigation██2%
Summary of Proceedings

Smithtown Town Board Regular Meeting – February 3, 2026

The Smithtown Town Board held its regular meeting on Tuesday, February 3, 2026, at 2:00 PM in the Victor T. Liss Board Room. All five board members were present: Supervisor Edward R. Wehrheim, Councilman Thomas J. McCarthy, Councilwoman Lynne C. Nowick, Councilwoman Lisa M. Inzerillo, and Councilman Thomas Lohmann Sr. The board unanimously approved a wide range of resolutions including scheduling public hearings on tax exemptions, wireless telecommunications regulations, and a moratorium extension for battery energy storage systems; adopting budget transfers and grant applications; awarding bids; issuing SEQRA negative declarations for three site plans; approving personnel actions; and hearing public comments.

Consent Calendar

  • Minutes Approval: The minutes from the January 22, 2026 meeting were accepted.
  • Comptroller Items (12 items): All transfers and budget adjustments were approved unanimously, including:
    • Transfer of $100,000 from contingency to sand/salt (Highway).
    • Increase of $84,907.91 in state aid for sand/salt.
    • Transfer of $80,000 from accruals and contingency to other funds (Highway).
    • Increase of $220,000 in appropriated surplus and transfers (Highway).
    • Increase of $300,000 for sand/salt funded by a transfer from the highway fund.
    • Increase of $439,444.39 for roadway restoration on Twin Oaks Drive and Dorchester Road.
    • Increase of $207,695.38 in federal community development aid, allocated to senior home maintenance ($27,996.81), park improvements ($174,698.57), and food pantry ($5,000).
    • Transfer of $25,000 from full-time salaries to overtime (Highway).
    • Minor transfers within Traffic and Animal Shelter accounts, and $5,000 from contingency to professional services (Public Safety).

Correspondence

  • 4124 – Parade Permit: Approved the Kings Park St. Patrick's Day Parade Committee to hold a parade on March 7, 2026 from 11:00 AM to approximately 2:00 PM.

Items Advertised for Public Hearing

The board voted unanimously to advertise for the following public hearings (all will be held at Smithtown Town Hall, Victor T. Liss Board Room unless noted):

  • February 19, 2026 at 2:00 PM: Proposed Local Law #1-2026 – adopting new articles of Chapter 256 (Taxation) regarding tax exemptions for seniors, disabled veterans, active service members, and surviving spouses of police officers killed in the line of duty.
  • February 19, 2026 at 2:00 PM: Modification of the 2023 Community Development Program Budget – transferring $79,238.60 from the Town Hall Bathrooms accessibility program to the Senior Center Improvements program. A public notice was authorized.
  • March 3, 2026 at 2:00 PM: Proposed Local Law #3-2026 – repealing and replacing Chapter 242 (Telecommunications Facilities and Structures) with new Chapter 242 (Wireless Telecommunications Facilities).
  • March 3, 2026 at 2:00 PM: Proposed Local Law #4-2026 – amending Chapter 322 (Zoning) as it relates to wireless telecommunications facilities.
  • March 3, 2026 at 2:00 PM: Proposed Local Law #2-2026 – extending the moratorium on Battery Energy Storage Systems (Chapter 324) for an additional six months.

Public Comments & Testimony

Three members of the public addressed the board:

  • John Chiappino (49 Fordham Drive, Smithtown): Described how a town-owned tree fell on his fence on November 2, 2025. He stated that the town initially instructed him to remove the tree and submit a claim, but later denied liability, claiming he had not notified the town 15 days prior to the fall. Chiappino argued the tree was healthy and there was no way to foresee its fall, urging the town to act as a good neighbor and reverse the decision. He noted there are 40,000 parcels in Smithtown with town trees.
  • Kathleen Vigiano (One Woodhill Path, Nissequogue): Widow of a New York City police detective killed on September 11. She requested that the board place on the February 19 agenda a proposed local law to implement a state tax break (S.683A) for surviving spouses of line-of-duty police officers killed in the line of duty. The supervisor acknowledged the item is already included in the advertised public hearings for tax exemptions and stated the board would work on it, possibly before March 1.
  • Steve Biondi (49 Sunny Road, St. James): Raised ongoing safety concerns about buried propane tanks (4,000 gallons) serving multiple homes at East End Court on less than two acres. He claimed the subdivision was not subjected to proper fire access or emergency response reviews and that no on-site inspection has been conducted despite repeated requests. He submitted documents showing the town took enforcement action in other cases and warned that he is escalating the matter to New York State fire safety authorities due to the town’s lack of action.

Resolutions and Key Actions

All resolutions passed unanimously (5-0).

SEQRA Negative Declarations (Environmental Review):

  • Long Island Cares, Inc. site plan (Hauppauge) – parking lot expansion and retaining wall.
  • 250 Wireless, LLC – Teri Nichols site plan (Hauppauge) – parking lot expansion and retaining wall for a trucking station.
  • Inessa Safarov for Renew Dental Spa (Smithtown) – demolition and new two-story office building.

Bid Awards:

  • Bid #25-122 (Cast Iron Drainage Items) to Campbell Foundry Co. and Roman Stone Construction Co.
  • Bid #25-109 (Motor Coach Bus Rental Services) to Tri State Coaches LLC; supervisor authorized to sign agreement.

Approvals:

  • ASCPA Grant: Accepted $26,333 grant for epoxy flooring at animal shelter; estimated net cost to town $2,261.
  • HVAC Maintenance Extension: Extended Bid #24-004 with AccuTemp, Inc. through February 28, 2027.
  • Automotive Lubricants Extension: Extended Bid #24-092 with Fleetpride, Lubenet LLC, Grade A Petroleum Corp., and Reladyne Northeast LLC.
  • Mental Hygiene Contract: Approved Suffolk County Mental Hygiene/SUDS contract budget revision ($521,382 funding).
  • Town Engineer Reappointment: Reappointed Mark Riley as Town Engineer through December 31, 2027.
  • Clean Vessel Assistance Grant: Authorized application for partial funding for three vessel pumpout facilities.
  • Security Deposit Return: Authorized return of $2,620 security deposit to Kathleen and David Albrecht for Caretaker's Cottage.
  • Medical Director Pay Amendment: Amended consulting agreement with Dr. Miguel Calimano to $250 per hour (up to 4 hours/week) for Horizons Counseling & Education Center.
  • Fresh Pond Stakeholders: Authorized participation in the Fresh Pond conservation/restoration planning group (SWAN).
  • Loader Bucket Rental: Authorized Highway Department to rent a loader bucket from Komatsu America Corp. for one month.
  • Fee Schedule Amendments: Adopted fee increases for Board of Appeals (Chapter 322), Dredging (Chapter 138), Trees (Chapter 285), and Building Construction (Chapter 112) – all effective April 1, 2026. Also approved an updated Residential Fee Schedule for the Building Department effective January 1, 2026.
  • Coastal Consistency Determination: Issued a finding that Coastal Consistency Review #2026-01 (Richard Albano) is consistent with the Local Waterfront Revitalization Plan.
  • Supervisor Authorizations:
    • File for Household Hazardous Waste State Assistance Program (2026 collection events scheduled April 18, July 11, October 3 at the Municipal Services Facility).
    • Execute 2026 Youth Bureau agreements with Suffolk County ($20,624 single disbursement; $47,225 state aid).
    • Execute agreement with FPM Group for groundwater sampling at former Montclair Ave. landfill.
    • File for Suffolk County Soil Conservation Municipal Assistance Grant.
  • Settlements: Approved settlements of small claims against the town: Grace Vella ($495), Christine DeMuccio ($236.31), Michael Baumeister ($483.19).

Personnel Actions:

  • Full-time appointment of Yesenia Torres as Sanitation Inspector ($32.53/hr, probationary 26 weeks, effective Feb 23, 2026).
  • Seasonal appointments/reappointments in Parks, Buildings and Grounds.
  • Part-time appointment of Colleen Curry as Youth Services Specialist ($24.45/hr, max half-time, effective Feb 4, 2026).
  • Seasonal reappointment of Patrick Slattery as Student Intern III ($17/hr, May 26 – Nov 6, 2026).
  • Change in status of Patricia Milano (Account Clerk, Horizons) from provisional to permanent (retroactive Jan 30, 2026).
  • Unpaid medical leave for Employee #007277 (Senior Citizens Dept.) up to six months (effective Feb 12, 2026).
  • Part-time appointment of Joseph Didio as Account Clerk in the Assessor’s Office ($19.95/hr, effective Feb 4, 2026).

Key Outcomes

  • All 5 board members voted unanimously on every resolution.
  • Public hearings will be held on February 19 and March 3, 2026 at 2:00 PM to consider tax exemptions, wireless facility regulations, and extension of the battery storage moratorium.
  • The board acknowledged the request by Kathleen Vigiano to expedite the tax exemption for surviving spouses of police officers killed in the line of duty; the matter is already included in the February 19 hearing.
  • Steve Biondi’s concerns about propane safety at East End Court were formally entered into the record; he stated he will escalate to state authorities.

Meeting Transcript

Of the United States or America which is standing one nation undergoing with liberty justice for all roll call supervisor we high here councilman McCarthywoman Miller Councilwoman in Zarolo. Yeah. Okay, we will begin this afternoon. Uh we have, I believe, three site plans. Mr. Chaddo, you're up. Good afternoon, supervisor, members of the town board, and Liam Chotta with the planning department, and I have three site plans to present this afternoon to the board acting as the board of site plan review. The first application is called renewed dental spa. The subject site is located on the west side of Bank Avenue, just north of Main Street here in Smithtown. The applicant is proposing to demolish an existing 1,150 square foot office building and construct a new 3,430 square foot two-story office building with a full cellar and associated site work. So this is the proposed site plan. I'm going to show you this is the proposed demolition plan of the existing building just to kind of give you an idea of the footprint of the existing structure in relation to the proposed site plan where they're proposing the building just at the north property line. So the footprint is getting about approximately like 600 square foot bigger than existing. Due to the building being on the north property line. The proposed site plan will include a uh a paver patio behind the building, landscaping along the west and south perimeter of the site, and along the south uh portion of the property will be a concrete sidewalk to connect from uh the main sidewalk along Bank Avenue to the back of the building. It's the proposed architecture of the building. Uh this is a street view photo of the existing office building. Okay, and a rendering of the proposed this is a view from the rear portion of the building. The applicant uh this proposal did go to the board of zoning appeals and receive variances, and the applicant has agreed to five conditions of site plan approval. The first is that they obtain the applicable building permits from the town building department. The second condition is that the applicant shall provide a uh a design and temporary sheeting embracing plan uh used along the property lines in order to protect and maintain existing conditions on the adjacent properties. The third condition is that the applicant shall submit to the engineering department a report from a geotechnical engineer regarding the pre-construction conditions of all adjacent buildings and structures and the plan to continuously monitor those buildings for potential settlement or damage during construction. A written and signed agreement with the adjacent property owners will be required and must be submitted to the planning and engineering departments. The fourth condition is that the applicant shall obtain a highway work permit from the highway town highway department, and the last condition is that the existing 27-inch diameter tree on the adjacent property to the north shall be preserved. Does the board have any questions on this application? No. Okay. Okay. Thank you. Thank you. The next application is 250 wireless, Terry Nichols. The subject site is located on the north side of Wireless Boulevard, east of Moreland Road and in the Hopog Industrial Park. And the proposal is for a parking lot expansion and retaining walls along the north side of the site. So this dash line is the extent of the the existing parking lot, uh, and they'll be including a parking lot expansion along the north. And this is really to facilitate, they're now a trucking station. Company, the business of the site is a food distributor. So they'll be facilitating a parking lot expansion for 29 uh truckloading stalls. Uh they'll be installing an eight-foot retaining wall just north of the parking lot, and the parking lot's on the lower side of the wall. Uh the applicant is also proposing a new generator along the west side of the building and a couple of facade modifications there in close infilling a couple of entry doors along the west elevation uh as well. This shows the elevation plans kind of hard to see, but the infill of the two entry doors are gonna be bricked to match the main building. Uh this proposal did go to the Board of Zoning Appeals uh for the special exception of a trucking station as well as the height of the retaining wall. Uh they receive variances, and the applicant has agreed to four conditions of site plan approval. The first condition is that they obtain the necessary permits from the town building department. The second condition is that the applicant install a tree preservation fence around all trees to be preserved on site. The third condition is that all proposed deciduous trees to be planted shall be a minimum size of three to three and a half inch caliper. And the last condition is that the applicant shall obtain separate building permits for the proposed retaining walls. Any questions on this application? Okay. Thank you. And the last application is Long Island CARES.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com