OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Smithtown Town Board Regular Meeting - March 3, 2026

Town Board — Tuesday, March 3, 2026
BodySmithtown, New York
SessionTown Board
DateTuesday, March 3, 2026
StatusFILED
Video Record
0:00 / 33:37

Transcript — Verbatim
0:17

Town board meeting.

0:18

Please join us in the pledge.

0:20

Our attorney Matt Jackabell.

0:34

Roll call.

0:35

Supervisor Wilhard.

0:36

Here, Councilman McCarthy.

0:38

Councilwoman Lower.

0:39

Dr.

0:40

Woman and Zarello.

0:40

Here.

0:41

Council Loman.

0:44

Okay.

0:46

Okay, we will start this afternoon with site plan.

0:49

We have one side plan.

0:50

Mr.

0:50

Trotter.

0:52

Yeah.

0:53

Good afternoon, Supervisor, members of the town board.

0:55

I'm Liam Trotto with the planning department.

0:57

We have one site plan to present this afternoon to the board acting as the board of site plan review.

1:02

The application is called 318 Smithtown Boulevard.

1:06

Subject site is located on the southwest corner of Smithtown Boulevard and Monrepos Lane in Wisconsin.

1:14

The proposals for a change of use of an existing 645 square foot building from an accessory garage to a principal office building, parking lot modifications, storage of three commercial vehicles, and associated site work.

1:28

So this building and tax lot has some history.

1:48

And again, it was only approved as a garage accessory to the dwelling, but it never operated as that.

1:53

It was always a business operation in violation of the zoning ordinance.

1:58

More recently in 2023, the two parcels sold independently, and the new owner of this subject parcels trying to bring the site into compliance.

2:07

That's why they're going to legalize the commercial business use and do some site work modifications.

2:12

This is the proposed site plan for the site.

2:43

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

2:48

The second condition is that the applicant obtain a road opening permit from the town highway department.

2:54

The third condition is that the site shall be used for the outdoor storage of three commercial vehicles for the proposed use only, and no other outdoor storage shall be permitted on site.

3:06

So they'll be storing three commercial vehicles on the site, and that's the NB doesn't allow any outdoor storage of equipment or materials, but they do allow for the vehicle storage.

3:16

And the last condition is that the street trees shall be planted on or inside the property lines.

3:24

No.

3:25

Okay.

3:26

Thank you, Mr.

3:27

Trotter.

3:27

We will be voting on that site plan at the end of the agenda.

3:31

Thank you.

3:31

Welcome.

3:33

Sitting as Board of Water Commissioners.

3:36

Minutes approval, February 19, 2026, and unpaid medical leave of absence for employee 8734 in the Smithtown Water District.

3:47

Councilman Lowland.

3:48

Council Woman and Zarolo?

3:49

Yes.

3:50

Council Willem Lower.

3:51

Yes.

3:51

Councilman McCarthy.

3:52

Yes.

3:53

Supervisor Wilhelm.

3:54

Yes.

3:55

Reconvene is town board and we will move to the agenda.

3:59

For correspondence.

4:00

Ron Concama Rotary, run around the lake.

4:02

June 27, 2026, 7 a.m.

4:06

to 12 p.m.

4:07

Nissaquag River, State Park Foundation 5K, Ron Walk, Sunset in the Park, June 1st, 2026.

4:26

9 a.m.

4:27

to 530 p.m.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████29%
Parks and Recreation███████████████████████████27%
Public Engagement████████████████16%
Technology and Innovation████████████12%
Engineering And Infrastructure█████████9%
Environmental Protection█████5%
Fiscal Sustainability██2%
Summary of Proceedings

Smithtown Town Board Regular Meeting - March 3, 2026

The Smithtown Town Board held a regular meeting on March 3, 2026, at 2:00 PM in the Victor T. Liss Board Room. All 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 meeting covered three public hearings, multiple resolutions, and a public comment period.

Consent Calendar

  • Minutes Approval: February 19, 2026 meeting minutes were approved unanimously.
  • Comptroller Items 1–15: Approved en masse, including transfers between accounts, acceptance of escrow ($50,000 for Commack Shopping Center – BJ's Filing Station & Bank), budget adjustments for gifts and donations, grants, and capital transfers.
  • Highway Department Resolution: Authorized a one-month rental of a Loader Bucket.

Public Comments & Testimony

Public Hearing on Parking Permit Registration Amendments (Chapter 101):

  • Kenneth Sadenwater (9 Grand Street, Smithtown): Requested that mooring or slip fees be incorporated into the parking fee for boaters. He suggested an amendment to the proposed $5 fee.
  • Mr. Newhoff (8 Ridge Road, Smithtown): Opposed the $5 fee, arguing that families with multiple vehicles would incur additional costs, and that non-resident fees of $20 should be used to subsidize the online system. He also expressed concern about inconsistent enforcement and overstaffing at parks.
  • Helen Werner Mustapich (214 7th Street, St. James): Called the $5 fee unfair for young families already burdened by taxes, though she noted she and her husband (seniors) would be exempt.
  • John Banzer (10 Rountree Drive, Kings Park): Vehemently opposed the $5 fee, criticizing the timing of the meeting (preventing student attendance), suggesting the fee should come from board members' pay, and alleging the fee is a pretext for increased ticketing. He also complained about unresolved drainage issues on his street.
  • Christina Rieckehoff (15 Pelican Road, Hauppauge): Spoke during the public comment period after the agenda, opposing the $5 fee as a recurring escalation (from $0 to $3 to $9 to $50) and arguing that tax increases already burden residents.

Public Comment on Commack Cemetery:

  • Julia Minerva (12 Valmont Lane, Commack), legal secretary of the Commack Cemetery board, asked the Town Board to place a hold on a court-awarded replanting scheme (January 26, 2026) that would remove over 15 trees in the Garden of Meditation. She alleged that Vice President Mitchell Hirsch is operating without proper board authorization and has not provided required documentation. She and John Donegan are scheduling an emergency meeting of lot owners.
  • John Donegan (66 Fisher Road, Commack), President of Smithtown Neighborhood Watch, commended the board for their work, expressed support for the supervisors and council members, and reiterated concerns about Commack Cemetery governance, noting that he has contacted the Attorney General.

Discussion Items

  • Public Hearing: Local Law #3-2026 (Telecommunications Facilities Repeal and Replacement): Assistant Town Attorney Simone Freeman presented the proposal to repeal Chapter 242 and replace it with updated standards for wireless telecommunications facilities, incorporating federal definitions, three processing tiers, FCC shot clocks, and a streamlined variance process through the Board of Zoning Appeals. No public comments were made. The hearing was closed unanimously.
  • Public Hearing: Local Law #4-2026 (Zoning Amendment for Wireless Telecom): Companion piece to Local Law #3-2026, amending Chapter 322 to define wireless facilities and align use regulations with the new Chapter 242. No public comments. Hearing closed unanimously.
  • Public Hearing: Chapter 101 Amendments (Parking Permit Registrations): Presented by Assistant Town Attorney Rachel Lenberger. The proposal eliminates physical parking stickers, requires online registration, sets a $5 fee per vehicle (processing fee, as clarified by Supervisor Wehrheim), $20 per day for non-residents, $20 guest passes, and exemptions for seniors (65+) and veterans. The hearing included extensive public testimony (see above). The hearing was closed unanimously after testimony.
  • Site Plan Review (Board acting as Board of Site Plan Review): Liam Trotter (Planning Department) presented a site plan for 318 Smithtown Blvd. (change of use of a 645 sq ft building from accessory garage to office, parking modifications, storage of three commercial vehicles, street trees). The board conditionally approved the site plan unanimously.

Key Outcomes

  • Public Hearings Closed (All Unanimous):
    • Local Law #3-2026 (Telecommunications) – Hearing Closed (Res. 2026-226)
    • Local Law #4-2026 (Zoning) – Hearing Closed (Res. 2026-227)
    • Chapter 101 (Parking Permits) – Hearing Closed (Res. 2026-228)
  • Advertising for Future Public Hearings:
    • April 7, 2026: Entry onto unsafe structure at 21 Main Street, Kings Park (21 MAIN ST MANAGEMENT LLC) for remediation/removal. (Res. 2026-229, Unanimous)
    • March 19, 2026: Public hearing on Local Law #2-2026 extending the moratorium on Battery Energy Storage Systems by six months. (Res. 2026-230, Unanimous)
  • Resolutions Adopted (All Unanimous):
    • SEQRA Negative Declaration for 318 Smithtown Blvd. site plan (Res. 2026-247).
    • Bid Awards: Bid #26-004 (Construction/Demolition Disposal to Winters Bros.), #26-014 (Clear Polyethylene Bags to Central Poly), #26-005 (Swimming Pool Chemicals to Tortorella Autochem, LLC).
    • RFP Award: #26-010 (Canoe Livery Service at Paul T. Given Park to Nissequogue River Canoe and Kayak Rentals, Inc.).
    • Bid Extensions: Curbside Recyclables (through March 31, 2027), Recreation Guide printing, Animal Shelter Supplies (through Aug 31, 2026).
    • Authorization for DEC permit application for beach maintenance at Long Beach, Shubert Beach, Short Beach, Kings Park Bluff, and Callahan's Beach.
    • Grant Application for FY27 Community Project Funding for rehabilitation of 1.32 miles of Meadow Road.
    • Land Acquisition: Vacant property at Mill Dam Road, Smithtown from Pitelli Enterprises, Inc. for $140,000 plus closing costs for environmentally sensitive land preservation.
    • Rescission of prior Resolution #2026-219 (Feb 19, 2026) (Res. 2026-258).
    • Donation Acceptance: $300 from Smithtown High School East Leadership Club to Horizons Counseling and Education Center.
    • Agreements: Extension of rabies vaccination contract with Dr. Sara Mendelsohn; bathroom renovation at Senior Center with Maccarone Plumbing Inc.; State Aid Voucher for Household Hazardous Waste State Assistance Program (Jan 1–Dec 31, 2024).
  • Personnel Actions (All Unanimous):
    • Seasonal appointments/reappointments in Parks, Buildings and Grounds.
    • Part-time appointment of Jean Mediavilla as Account Clerk in School Age Child Care ($19.95/hr, max half-time, effective March 9, 2026).
    • Termination of Employee #009022 from Building Department effective March 4, 2026.
  • Site Plan Conditionally Approved (Unanimous): 318 Smithtown Blvd. site plan approved with conditions (permits, road opening permit, outdoor storage limited to three commercial vehicles, street trees planted).

Meeting Adjourned: The meeting closed at approximately 3:00 PM after a motion by Supervisor Wehrheim, seconded by Councilman McCarthy, and unanimous vote.

Meeting Transcript

Town board meeting. Please join us in the pledge. Our attorney Matt Jackabell. Roll call. Supervisor Wilhard. Here, Councilman McCarthy. Councilwoman Lower. Dr. Woman and Zarello. Here. Council Loman. Okay. Okay, we will start this afternoon with site plan. We have one side plan. Mr. Trotter. Yeah. Good afternoon, Supervisor, members of the town board. I'm Liam Trotto with the planning department. We have one site plan to present this afternoon to the board acting as the board of site plan review. The application is called 318 Smithtown Boulevard. Subject site is located on the southwest corner of Smithtown Boulevard and Monrepos Lane in Wisconsin. The proposals for a change of use of an existing 645 square foot building from an accessory garage to a principal office building, parking lot modifications, storage of three commercial vehicles, and associated site work. So this building and tax lot has some history. And again, it was only approved as a garage accessory to the dwelling, but it never operated as that. It was always a business operation in violation of the zoning ordinance. More recently in 2023, the two parcels sold independently, and the new owner of this subject parcels trying to bring the site into compliance. That's why they're going to legalize the commercial business use and do some site work modifications. This is the proposed site plan for the site. The first is that the applicant shall obtain applicable permits from the town building department. The second condition is that the applicant obtain a road opening permit from the town highway department. The third condition is that the site shall be used for the outdoor storage of three commercial vehicles for the proposed use only, and no other outdoor storage shall be permitted on site. So they'll be storing three commercial vehicles on the site, and that's the NB doesn't allow any outdoor storage of equipment or materials, but they do allow for the vehicle storage. And the last condition is that the street trees shall be planted on or inside the property lines. No. Okay. Thank you, Mr. Trotter. We will be voting on that site plan at the end of the agenda. Thank you. Welcome. Sitting as Board of Water Commissioners. Minutes approval, February 19, 2026, and unpaid medical leave of absence for employee 8734 in the Smithtown Water District. Councilman Lowland. Council Woman and Zarolo? Yes. Council Willem Lower. Yes. Councilman McCarthy. Yes.

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