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Business Owners Seek Heavy Industrial Zoning on Old Northport Road

The Smithtown Planning Board is scheduled to hold a public hearing Wednesday night for a proposal which would change zoning for several parcels.

In an attempt to bring themselves into compliance, several businesses along Old Northport Road in Kings Park that have operated outside of the zoning codes allowed for that area are asking the Town of Smithtown to change them so that they may come into proper compliance.

Carlson Associations and several smaller business owners have filed applications seeking to change the zoning of their properties along Old Northport Road and Townline Road from light industrial to heavy industrial use. Their case will be heard by Smithtown Planning Board at an 8 p.m. public hearing on Wednesday.

Carlson Associates and multiple business partners filed an application with the Town of Smithtown on Jan. 19 seeking to change their residential R-43 and light industrial zoning to heavy industrial.

The application states: "Applicants are not proposing any changes to the existing non-conforming uses at this time. Petition is being made to bring to bring the exiting non-conforming use into conformity." 

Frank DeRubeis, Town of Smithtown's director of planning, said the properties and businesses along Old Northport Road have been in violation of the town's zoning code for several years. 

Carlson Associations and its fellow applicants, per their Jan. 19 application, said the current use of the land is for basic offices, construction equipment and masonry supplies storage, landscaping supplies, nursery supplies and a solid waste management facility.

The solid waste management facility, with a permit from New York State Department of Environmental Conservation, is allowed to accept:

  • uncontaminated concrete, asphalt, pavement, brick, soil, wood, land clearing debris, yard waste 
  • unadulterated wood, up to 25,000 yards per year used to make mulch
  • animal manure, up to 15,000 cubic yards per year
  • yard waste, up to 50,000 cubic yards per year to make mulch

Businesses operating off the properties include: Power Crush Inc., C. Weld, Outer Limits Excavation, Kings Park Ready Mix, Ted McCarthy Landscaping, Harris Precast and Michael Anthony's Landscaping. 

Many of these operations, while not legal under light industrial, would be permitted if the area was zoned heavy industrial. Other viable businesses under heavy industrial zoning - with permit or town board approval - include asphalt manufacturing, concrete product manufacturing, a foundry, licensed junkyards, sand and gravel mining, and trucking stations. 

Suffolk County Planning Commission has voted in favor of a change of zoning for Carlson Associates and the smaller businesses, by vote of 8-4, on April 4. Among those voting in favor was John Finn, representing the Town of Smithtown. 

It found that "the out parcel in the residential district may be a source of future conflict." The planning commission further advised the town to "study the issues of noise, light and safety prior to accepting conceptual site plans for zoning violation remedies." 

The applications along have stirred up . DeRubeis said the Town of Smithtown has received no plans for a power plant, and that a power plant would not require any change in zoning as public utility can be builty anywhere with town board approval. 

Kings Park and Commack residents have. DEC officials it has more than 30 complaints of odors in the area, and is investigating one of the businesses. 

One possible compromise to the years-long standoff, DeRubeis has offered, is his proposal to create a special exception permit that would allow these businesses a limited amount of heavy industrial use without rezoning the area heavy industrial. 

This proposal is before Smithtown Town Board, which has determined it would need to do an environmental impact review before voting on the proposal.

Gigi June 07, 2012 at 07:10 PM
When I wrote "sole source aquifer" I meant for all of Long Island, not just Kings Park. For the record I don't dye my hair and I don't wear nail polish :)
Matt June 07, 2012 at 07:34 PM
gigi: maybe it's time you hit the salon then.
anonymous June 07, 2012 at 07:43 PM
Matt obviously has a vested interest in these businesses...why else would you condone businesses operating illegally?
Matt June 07, 2012 at 07:45 PM
Mary: I can't argue part of that. Their tax bracket should be adjusted. But, I'd say they operate a legal business. They like many other business that occasionally need to apply to get their property rezoned. It's not uncommon nor does it make their business illegal. Maybe they need to do a better job with dust and nuisance odor control but I still say a property next to a town dump is ideal for heavy industry.
Matt June 07, 2012 at 07:55 PM
Actually no. But I recognize that recycling is necessary, and it's a perfect place to do it. I love all the "Green People" out there who are so big on recycling but won't let it happen next to a landfill/dump. Just because I disagree with the people who bought their houses next to a landfill doesn't mean I own Power Crush.
Retired in Commack June 07, 2012 at 08:17 PM
Any business owner would check on their property's zoning BEFORE starting up an operation or starting a new type of operation. If you did not and started it in violation of the zoning then the town needs to shut it down. Owning a property does not allow you to do with it anything you wish . You cant tear down your house and build a skyscraper or build a body shop,etc. i see no difference in what these people have done
Gigi June 07, 2012 at 08:43 PM
Maybe Matt will build a nail salon on his property...apparently I'm not prettied up enough for him. :)
Gman June 07, 2012 at 09:42 PM
I know one of the properties that I checked is paying 175,000 yr. I don't think I could pay that Liberty. The town needs to monitor its self properly. The taxes in KP are high enough and we need to start repairing the roads. Nobody wants to spend the money but a few years from now it will cost almost double to repair the roads.
mary wellbourne June 07, 2012 at 10:13 PM
Don't keep it a secret--let's know the name and location because you didn't check it in smithtown.
Liberty June 07, 2012 at 10:21 PM
Like Mary said lets hear the name of the property that is in the area in question that pays $175000-so we can look it up. i think we are calling you out on this issue
Aidan June 07, 2012 at 10:21 PM
This is the hard truth, whether you like it or not: 1- the businesses will continue to operate on improperly zoned parcels 2- the zoning change is granted, and then there will be applicable enforceable zoning ordinances to apply. Choose one of the above. It will be a cold day in hell before any business is closed down. As for traffic, the business area is well established, so the change in zone will not affect the traffic. The area has been industrial for 100+ years with industrial traffic.
mary wellbourne June 07, 2012 at 10:42 PM
not sure if you read the post about Gerry Philbin's firm getting fined out of business in 1993. Just google it and read. Did you know that the town board voted yesterday to have the town attorney Bob Zollo the power to go after properties that are not in conformence with the zoning laws. i think it is getting cold and we are getting closer to satan.
Aidan June 07, 2012 at 11:01 PM
Mary: I checked out the order. This was a NYSDEC enforcement action. When driving by the site, one would conclude the only reason he stopped was that there was no more sand to dig out and no more room for his demo landfill. If you are having problems, the DEC has a hotline for odors at 444-0380 as stated in a previous article. I believe you leave a voicemail at the time you are having problem.
mary wellbourne June 08, 2012 at 12:00 AM
Aidan---read a little closed it was the fines as well as the newsday stories that disgraced and put Mr.Philbin out of business If he was finished with the property why didn't he just close shop. Oh yes his lawyer cost a big buck. Hopefully you get a better rate than he did.. Thanks for the phonenumber I will call tomorrow and hopefully others will see and call as well.
Gigi June 08, 2012 at 02:15 AM
BTW Zollo the town attorney and Trimarco used to be partners.....conflict of interest?
Racquel Bently June 08, 2012 at 02:50 AM
Get Real. Don't you think that Carlson's mulch has been tested. It is far from Organic. Perhaps, you mean harms the Organs? I don't know who you are but you obviously have some type of relationship with this Business, which must be more important then you families qualiity of life. We dont reward bad bahavior in children, especially not Adults. The Carlson's should have to build a home on their residential land and live in their toxins. When Hank Carlson was referring to their "burlap underware" hiding their private parts. Wasn't he really saying they hiding all the illegal things that are being done on that property for years. The mulch gives you legioneers disease, all the asphalt on Carlson's land is loaded with toxins that cause cancer. Oh, that's right Carlson does not have a permit to do asphalt from the DEC but his yard is loaded with asphalt. My real concern is all the hazardous waste that he has buried over there for years. Many neighbors have done alot of their own investigating over the years now its pay back time. We follow the law and so should they! Unfortunately, for them their is plenty of "Concrete Proof". lol
Racquel Bently June 08, 2012 at 02:54 AM
Gman, what business is paying $175,000? You checked, lets hear it
Gman June 09, 2012 at 01:05 PM
Liberty and Mary it is the Napo property where the want to build the ball fields. Also the Carlson property is broken into individual lots. I'm all for getting rid of all the quad madness that goes on. I made multiple calls to the police and nothing ever gets done. They drive down my block and one day someone will get killed. What do you think of this sports complex. Sounds pretty good to me.
Gigi June 09, 2012 at 05:21 PM
How big is the acreage on that piece of property? We have 1/2 acre and are paying almost $17,000 a year....at that rate if we had a 10 acre parcel we'd pay upwards of $340,000 a year in taxes if it was developed. The property paying $175,000 per year (depending on the size of the parcel) may actually be paying less percentage wise than we are for our property (and our property does not generate income).
Gigi June 09, 2012 at 05:25 PM
I think the hard truth is actually that the businesses will continue to operate illegally on properly zoned parcels UNTIL they are run out of here. A change in zoning sets a precedent and kicks open the door to other properties to seek conversion to heavy industrial zoning which ultimately will attract businesses that rely upon trucking to operate. This certainly has the potential to increase truck traffic in the area.
Racquel Bently June 11, 2012 at 01:55 PM
the DEC phone # is an answering machine it is useless!!! I called and left dozens of messages. Did u know that the Dec has approved Carlsons sitte on there website to take in contaminated hazardous waste. Isn't that nice of them when we live right on top of the site. I heard that there nickname is Power Plop, because of all the illegal dumping, I also heard that they were accepting contaiminated waste that was loaded with Asian beetles that came over from China. these beetles eat everything! I need to get more info and concrete proof (lol). I also heard that years ago Carlson was selling the property to a large Condo Corp and after they did testing on the land they requested there money back because the property was full of toxins and contaminated waste. God Bless our families.
Matt June 11, 2012 at 03:11 PM
Racquel: check again, it's not a permitted hazardous waste disposal facility. The rest of your statement seems made up as well.
GLENN June 11, 2012 at 07:57 PM
HEY COMMACK,ENP,AND ALL SURROUNDING TOWNS BOYCOTT THESE BUSINESSES ......KEEP YOU CEMENT, ASPHALT, ROCKS, TREE'S DRIVEWAYS,MULCH KEEP IT AND LET'S TELL HOME DEPOT WE WILL NOT BUY ANY MULCH FROM ILLEGAL BUSINESSES. WHERE EVER THEY ADVERTISE, WE CAN TAKE OUT ADS WITH THE TRUTH ABOUT HOW THESE BUSINESSES DONT PLAY BY THE RULES! WORKS BOTH WAYS...
Casey December 16, 2012 at 04:10 PM
Liberty was the town of Hempstead truck dumping it at the town of smithtown landfill.
Liberty December 16, 2012 at 05:09 PM
No it was at Carlsons---CRUSH
Casey December 17, 2012 at 12:09 AM
What is the address of Carlsons ---CRUSH
Liberty December 17, 2012 at 01:13 AM
140 Old Northport Road. The correct name is Power Crush
Casey December 17, 2012 at 01:18 AM
Thanks!!
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lisa February 21, 2013 at 04:46 PM
Please sign our petition, Let's make our communities healthy and safe for our families to live http://www.change.org/petitions/smithtown-hall-representatives-shut-down-all-companies-that-do-not-comply-with-current-town-codes

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