Politics & Government

Kings Park Task Force: 'Any Zoning Change is Unacceptable'

Kings Park, Commack residents and Town Board get into heated exchange over analysis of Lawrence Road Study, zoning enforcement off Old Northport Road.

A Kings Park Task Force confronted Smithtown Town Board on early consideration of a new zoning code for the Old Northport Road-Lawrence Road area on Thursday night. 

The Old Northport Road Lawrence Road Task Force members pointedly questioned Smithtown Town Board for more than an hour on word of early drafts of a proposed new zoning code for the so-called Kings Park industrial area on Thursday night. 

“That idea should be rejected out of hand. This board is not here to figure out what should be done with the land. This board is here to enforce the current zoning law,” said Larry Shaw, of Kings Park. 

Frank DeRubeis, Smithtown’s planning director, recently sent his preliminary analysis of the $20,000 Lawrence Road Study by Baldassano Architects to town board members. It considers creating a new “medium industrial” zoning category that would permit some industrial activities with outdoor storage that does not pose a public nuisance. The details are not yet public record. 

“Our group, we are in a fight, a struggle to make sure we shut down any kind of heavy industry. We don’t want any changes in the zoning...” said Lisa Inzerillo, a Kings Park resident. “We do not want any new zoning, it’s unacceptable to us. It’s completely unacceptable.”

DeRubeis said the analysis was done under the order of town board members, as the next phase of the Lawrence Road study. If the town board were to consider creating a new zoning ordinance, a public hearing would have to be held first before its voted upon. 

Town Attorney John Zollo said a new zoning ordinance could also provide an alternative method to regulating the currently illegal business activities in Kings Park if the town’s legal actions fail. 

“I am hoping we are successful in shutting down these businesses. In the event we are not, we have to have a zoning ordinance in place that makes sense for those uses,” Zollo said. 

The town has a pending lawsuit against KPE II in state Supreme Court, in which it has won a temporary restraining order to prevent the business from operating. Zollo told residents the town is posed to pursue more businesses in the near future. 

Zollo said he’s come up with a legal strategy he hopes to present to the board before it’s May 7 meeting to pursue further legal action against Jezco, a series of properties off Old Northport Road with several different owners and businesses. The town currently has litigation in district court, Zollo is hoping to bring Jezco to state Supreme court. 

“It’s like an elephant. How do you eat an elephant, one bite at a time,” Zollo said. 

He said Kings Park’s illegal industrial zoning issues have become a hot topic over the last 12-14 months, bringing it to the town board’s attention. 

However, some residents aren’t convinced Smithtown Town Board members are genuine in  their efforts to enforce town zoning laws in Kings Park. 

“In 2009, there was a proposal to put in place an overlay zoning of heavy industry, we opposed it,” said Councilman Ed Wehrheim.

Councilman Thomas McCarthy emphasized the town board as a whole has given Zollo "marching orders" to pursue legal action against those businesses operating illegal in Kings Park.


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