Smithtown officials will take legal action to close down a Kings Park pre-cast concrete business on Friday, while residents begged town board members to go after other illegal businesses breaking town code.
Smithtown Town Board voted on Thursday night to seek an injunction against KPE II in New York State Supreme Court to restrain them from carrying out what they consider to be illegal industrial activities at 110 Old Northport Rd. Town attorney John Zollo will file action in court on Friday.
Councilman Bob Creighton abstained from the vote after residents raised concerns that he had , a law firm representing KPE II that his son works for.
Councilman Ed Wehrheim also accepted donations from Farrell Fritz but voted to take KPE II to court.
"The money that Councilman Creighton's son donated in his own name is fine, I don't see anything wrong with those donations," said Lisa Inzerillo. "However, it is unconscionable for the councilman to accept funds from the political action committee of Farrell Fritz, who happens to be the law firm of KPE II for the last two years."
Creighton said he did not disclose the contributions earlier as he did not believe there was any conflict of interest.
Inzerillo presented petitions from local residents asking town officials to shut down all companies not complying with town code off Old Northport Road and Lawrence Avenue. The petitions name KPE II, Jezco Containers, Town County and State, KPE II/Henlein, and USA Recycling.
KPE II had filed for a certificate of existing use to legalize 13 industrial uses of its property including pre-cast concrete and cesspool fabrication, concrete manufacturing, concrete aggregate processing, concrete recycling and rock crushing. Its application was denied by Smithtown's zoning board on Feb. 12.
"We must proceed legally. We can't just go put locks on people's doors," Supervisor Patrick Vecchio said. "That's why we went the legal route, which is to enjoin them. If there is a route to do so with others, we will go that legal route."
Kings Park resident Michelle Garry called for the town's Public Safety Department to issue summonses every day to businesses breaking town code with noise violation, dumpsters and commercial traffic codes for trucking.
"This is a chronic problem that it would not take a lot of manpower to address it. Go down and write summonses. If someone gets a summonses every day for the same thing, the odds are they will start cleaning up their act," Garry said.
Creighton told residents with complaints about tractor-trailer trucks traveling restricted roadways that he's called Suffolk County police for enforcement, and encouraged them to do the same.