Smithtown Officials Seek Land to Improve Nesconset Intersection

Smithtown town officials are hoping to strike a deal with a Nesconset landowner to get the space to improve an intersection to make it safer - before seeking eminent domain. 

Smithtown Town Board said they are hoping to obtain a small piece of 3,000-square-foot plot to redesign the Gibbs Pond Road and Lake Ave. South intersection, opposite the Nesconset Fire Department, at their Tuesday work session.

The Nesconset Fire Department asked the town seeking to have the intersection changed due to the difficulty in getting trucks out of the firehouse without an accident, according to Frank DeRubeis. 

"We should prepare an appraisal and get the value of the property. Then we should try to negotiate with the person directly telling them we want to purchase it for the improvement of Lake Avenue and Gibbs Pond Road," Town Attorney John Zollo said. "If we don't get a response, we have to pursue eminent domain law." 

Zollo said he believes Nesconset Fire Department has written to the property owner several times without a response.

"Let's not go to eminent domain if we don't have to," DeRubeis said. 

DeRubeis said he spoke with the property owner who looking to build a medical office building on the triangular-shaped piece of land. The existing single-family house would remain while the vacant garage would be demolished. 

A town-prepared draft dating back to March 2012 shows plan to take the northbound lane of Lake Avenue South curve into Gibbs Pond Road to create a new intersection directly in front of the Nesconset firehouse. The southbound lane of Lake Shore Road would remain as is. 

DeRubeis said the town's planning department can help the property owner work on planning out a medical office building and seeing if there is property that can be purchased or donated. 

However, there might be one sticking point. 

The property owner may need the land in order to have the land for 1/10th of a sewage flow credit needed to build the medical office building. DeRubeis estimated its value at $10,000. 

If so, the town would face the option of paying the landowner for his sewage rights in order to reshape the intersection.