Times of Smithtown

File photo by Raymond Janis

First Amendment rights cannot be stopped

Legislator Steve Englebright (D-Setauket) believes that constituents can be controlled and silenced by offering candy as if they were 5 year olds. It’s insulting and degrading that grown adults who speak out against injustices and understand how to use their First Amendment rights to free speech are being silenced. 

No, Steve, a Life Saver isn’t going to make me stop speaking out against the draconian rules that [Suffolk] County passes that harm the public’s general welfare by turning the county police department against the Latino population. The presiding officer infringed and trampled on my First Amendment rights because he didn’t like what I said. 

Let’s face it, the appearance of senior women speaking at public meetings exercising a constitutional protection of free speech surrounded by fully armed sheriff’s officers is bad public relations for the legislative body in a democracy. 

Lisa Sevimli, Patchogue 

We do not need another freight station

I wholeheartedly agree with Frank Konop [Smithtown freight yard is a threat to our community,  [TBR News Media, Jan. 23] that the proposed Townline Rail Terminal will do more harm than good to residents of Smithtown township.  However, his attempt to link it to the wildfires in southern California is way off base.

This has nothing to do with “social justice policies.”  Regarding the California fires, it’s false that they were related in any way to redirecting reservoir water to save fish.  State reservoirs storing water for southern California are at or near record highs.

The elephant in the room is global warming.  Although it’s impossible to narrowly tie it directly to a particular disaster, it’s foolish to deny its role in the increasing prevalence of wildfires, droughts, floods and freak weather.  In March 2024 the Smokehouse Creek fire burned over one million acres in the Texas Panhandle, compared with more than 40,000 acres burned in California thru January 2025.  In October 2024 in Valencia, Spain, 232 people were killed by a year’s worth of rain falling in a few hours.  Right here in Smithtown we were hit by a “rain bomb” last August that destroyed Stony Brook Pond and Stump Pond and flooded town hall.  The Main Branch of Smithtown Library is still closed.

Getting back to the TRT, there are lots of questions.  This facility will be used not only to ship incinerator ash as well as construction and demolition debris off Long Island, but also to transport construction materials, vehicles and other undefined goods and commodities onto Long Island.  What limitations are there?  Will propane, heating oil or hazardous materials be among these commodities?  We don’t know.  What need is there for two transfer buildings, track to accommodate 161 freight cars and a fleet of 50 trucks if this facility will run only one 27-car train in and out per day as its sponsor claims?  Will the tracks become a magnet for illegal dumping, attracting rats and mosquitos?  TRT will undoubtedly have impacts beyond wrecking the Kings Park residential community it’s adjacent to, including the pollution emitted by the 1970s era diesel locomotives pulling all those freight cars. 

The culprit behind this misbegotten proposal is not “social justice policies” or the “Green New Deal,” but our own Smithtown Town Board, which unanimously railroaded it through (pun intended) every step of the way.  It’s now proposing to change town zoning code to add a new use called “rail freight terminal” to districts zoned Light Industrial, of which there are many, including Flowerfield, around town.  Flowerfield was once a Long Island Rail Road station with its own siding track. Could this rezoning affect the disposition of Flowerfield?  The Smithtown Town Board is supposed to protect the interests of Smithtown residents.  But apparently, they’re so sure of being reelected due to their party affiliation that they presume it’s safe to ignore overwhelming opposition to TRT from the community.  And who’s to say they’re wrong?

David Friedman, St. James

Presidency of Dr. Shirley Strum Kenny and Dr. Jack Marburger

As the former president of the Three Village/Stony Brook Soccer Club from 1990 to 2002 and 2010 to 2017, I read with great interest your article on the presidency of Dr. Shirley Strum Kenny and her impact upon the Three Village community. While Dr. Kenny’s support for the local community and especially our local soccer club was second to none, I do not want the article to give the impression, as I think it does, that her predecessor, Dr. Jack Marburger, was not interested in the local community and was only interested in the science aspect of the university. Nothing could be further from the truth, especially as it related to the development of the soccer complex next to the P lot at [Stony Brook] University.

Prior to our request to be able to develop the unused land for a variety of soccer fields, our local soccer club played all of their games at our local schools, forcing our children and families to go from one site to another, or be forced to miss their games. Upon our request to Dr. Marburger to be able to develop the fields, he played a major role in giving us permission to develop the property and ensuring our success even in the face of considerable opposition from the local neighbors and others. Knowing that such a complex would be of great benefit to the larger community, Dr. Marburger made sure that we received a permit from his office and in fact only charged the soccer club $1 a year for the use of the property. I think it is fair to say that without his support and understanding of what such a use would mean to the thousands of children and families in our community there would have been no soccer fields for our community to use on the university campus.

Upon her acceptance of her position, Dr. Kenny continued her support for the decision of Dr. Marburger with regard to the soccer fields, allowing the permit to continue for $1 a year and allowing the soccer club to build a multi-use building which contained both “real bathrooms” for our families as well as a concession stand. In addition she allowed for the soccer club to hold various outdoor and indoor tournaments on the campus, at no charge, including the major tournament on Long Island at that time, the Long Island Junior Soccer League championships. She was a frequent visitor to the fields on Sundays when over two thousand of our children played during the day. She made sure her staff was always supportive of our efforts to improve the complex and supported our efforts to gain a state grant which we did with the support of former State Senator Jim Lack and former State Assemblyman Steve Englebright.

Both Dr. Marburger and Dr. Kenny understood that Stony Brook University is more than just buildings and research. It is a community asset of the Three Villages and as such must be engaged with the local community in more ways that just selling tickets to various events. Unfortunately, neither of their two successors understood how a state university and a larger community must be engaged with each other, to the point where the soccer complex was taken over by the recreation department and charged the local soccer club over $100,000 each year for the ability of our local children to play soccer on land which had been developed by the local soccer club. Unfortunately they looked at the soccer fields solely as a money maker and not as a community benefit, to the point where they now charge for almost everything, significantly reduced the amount of time allotted for games and practices and have closed the building which was built for the benefit of our families.

While one may think that this is all history, it is not, especially as Stony Brook University engages once again in the selection of a new president. The selection committee and the SUNY Board of Trustees must understand that Stony Brook University must be part of the community, as promoted by both Dr. Kenny and Dr. Marburger, and not merely located in our community as made clear by their successors who gratefully have gone on to other places far from here. One would hope that the new president will understand and promote a concept of togetherness and mutual commitment to each other and not just what is good for the university. We hope that the history of what Dr. Kenny and Dr. Marburger accomplished will be the type of history which the new president will provide and not the type of history which their successors failed to provide. Our community is a better place to live when the university understands that it is part of the community and not just located here.

Mitchell H. Pally, Former President

Three Village Soccer Club

1992-2002; 2010-2017

METRO photo

By Daniel Dunaief

Daniel Dunaief

A few years ago, a friend of mine called the night before a major operation.

I could tell he was nervous. His usual, unflappable voice was weaker and unsteady, as if he weren’t sure how things would go and was reaching out for encouragement.

“There’s pretty much nothing you can do at this point,” I said. “You really don’t need to be sharp or focused or even attentive tomorrow. You better hope the doctor is getting plenty of rest and is at his best.”

“That’s true,” he laughed. “Maybe I should send over a good dinner or encourage him to go to bed early tonight.”

Doctors, like so many other people in other professions, deal with activities and routines that are unimaginable for the rest of us.

As a child, I watched my father slowly and carefully remove glass from the eyes of a construction worker who had been in an accident. I also sat in horror as he ate a steak just hours after being in surgery for most of the day to reconstruct the eye of a local patient who had suffered extensive trauma.

The medical world’s ability to get past the “ick” factor is pretty incredible. These professionals, on whom we rely for our overall health and for the health of our specific organs and systems, improve and extend our lives, offering the best of modern medicine to counteract the effect of bad habits, hidden genetic problems that can complicate and threaten our lives, and pathogens that cause damage and destruction.

Recently, I visited a urologist. If you’ve been reading this column long enough, you might recall that I’ve had kidney stones. These are exceptionally unpleasant, causing pain and vomiting, among other discomforts.

Long ago, I shuffled into an emergency room, bent over double from the pain. After I told the admitting nurse what was wrong, she didn’t even bother with paperwork or with taking my blood pressure. She immediately took me to a room, where another nurse almost instantly provided a painkiller. I am still grateful to them years later.

So, you see, I feel the need to monitor the health of this system to reduce the risk of future such episodes.

This year, I was meeting with a new urologist. I tried not to think about the parts that are unpleasant but that are much less problematic than a kidney stone.

He knocked politely on the door, as if he might have been delivering a dish of salmon with steamed vegetables and couscous.

Who is it? I was tempted to ask in a falsetto voice. What difference did it make? Anyone who knocked was coming in regardless of what I said.

He washed his hands – thankfully – sat down and asked me to tell him about myself.

“My health history?” I wondered.

“No, I mean, are you married, do you have kids, what do you do for a living?”

Well, I write about weird meetings like this. But enough about me, how do you do what you do? I wondered. No, I didn’t say that. I smiled and offered the 20 second tour of my life. 

We even chatted about the Yankees losing Juan Soto to the Mets. Would they be better or worse this year?

After he asked me about my health history, he told me to lower my pants and underwear and put my elbows on the examining table.

“You’re going to feel some pressure as I examine your prostate,” he said.

I thought of my dog, whose head is often in my lap or near my face when they probe parts of his body he’d just as soon no human ever touched. He makes a face I imagine was similar to mine at that moment. Shocked expressions transcend species.

Afterwards, the urologist smiled at me, gave me a quick assessment and told me he wished me and the Yankees well this year.

Later, I tried to imagine sitting at a meal with him, chatting in an airport waiting room, or standing outside the backstop of a softball field as we waited for the chance to hit.

I couldn’t do it. Routine as his work might be for him and necessary as it might be for me, I struggle to disconnect from an exam that is a routine part of his work.

But, hey, I’m not anticipating that either of us will call the other on our birthdays this year. I’m glad he’s there, doing his thing and hope not to need additional services.

METRO photo

By Leah S. Dunaief

Leah Dunaief,
Publisher

The articles I’ve read recently call it “financial infidelity” and blame it on some percentage of all couples, but especially on Generation Z. “It” refers to hiding money from each other, or if not exactly hiding, then not sharing either the money itself or its existence. And since money seems to be the primary issue couples argue about over the long term, the question of how much to share is highly relevant to any relationship.

A survey by consumer financial services firm Bankrate indicated that 67 percent of 18 to 28- year-olds hide money information from each other in committed relationships. That drops to 54 percent of millennials, 33 percent of Gen Xers and 30 percent of baby boomers, according to Newsweek. For some reason, older than baby boomers aren’t in the survey. I can try to offer that perspective since I am in the older group.

“Hidden debts, undisclosed spending, or secret accounts can, as well as undermining a partner’s trust, disrupt shared financial plans, such as saving for a home, retirement or children’s education, causing long-term financial strain,” according to the article.

Some 40 percent of couples in the United States have kept secrets from each other about money, according to the study involving 2217 adults. These secrets may include spending more than a partner would approve of (33 percent), keeping hidden debt (23 percent), having a secret credit card (12 percent), a secret savings account (15 percent), or a secret checking account (13 percent).

Yet these figures exist despite 45 percent of those surveyed disapproving of what is termed financial infidelity and even equating it with actual unfaithfulness. If a secret financial situation is discovered, it tends to disrupt the trust that relationships are built upon and perhaps cause speculation over what else might be hidden 

One senior industry analyst, Ted Rossman, maintains, “Money secrets can undermine a relationship. It’s hard enough to meet your financial goals when you are pulling in the same direction. It’s almost impossible when you’re pulling in opposite directions.” 

Rossman goes on to say that being open about your finances doesn’t mean you need to combine all your money. A yours-mine-ours is a possible arrangement for those who feel more comfortable that way.

Despite the importance of money in a marriage or committed relationship, half a century ago, when I was married, money was the last thing on our minds. We were entirely caught up in the romance and didn’t consider the business aspect of lifetime coupling. So when the time came to buy a house, my husband and I counted our pennies and came up a little short for the down payment on the mortgage.

“I’ll take a loan from the bank, using my stocks as collateral,” I said.

“Stocks?” he responded with surprise.

“Yes, I think I have just enough to bridge the difference between our savings and what we need,” I said. “I have been buying a couple of shares of stocks each year with my allowance since I was a child,” I explained. 

It had never occurred to me to tell my husband. Needless to say, he was delighted to discover this mysterious side of me. Marriage arrangements were traditional at that time. The husband was the breadwinner, the wife the homemaker. The husband’s paychecks went into a joint bank account and  both drew from that account for expenses. 

Husbands may have laughed at the saying, “What’s mine is hers and what’s hers is hers,” but they subscribed to it. What we brought to the marriage financially was of little concern since we were young and generally without any serious assets, and we didn’t think of pooling those. We wives were advised then, in women’s magazines for example, to keep a little stash on the side for personal expenditures that needn’t be discussed.

Many couples are older now when they marry, and both work, thus the landscape is different. So I don’t know what to advise. Maybe that’s why we elders weren’t polled.

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Suffolk County Crime Stoppers and Suffolk County Police Arson Section detectives are seeking the public’s help to identify and locate the person who set fire to a car parked in Central Islip in November.A person set fire to a vehicle that was parked on Cypress Street on November 22 at approximately 1:45 a.m. The person fled the scene on foot. Detectives are asking any neighbors with video to contact the Arson Section or Crime Stoppers.

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For video of this incident, go to YouTube.com/scpdtv
and Click on Wanted for Central Islip Arson CC24C071129.

Suffolk County Crime Stoppers offers a cash reward for information that leads to an arrest. Anyone with information about these incidents can contact Suffolk County Crime Stoppers to submit an anonymous tip by calling 1-800-220-TIPS, utilizing a mobile app which can be downloaded through the App Store or Google Play by searching P3 Tips, or online at www.P3Tips.com. All calls, text messages and emails will be kept confidential.

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Police car. Stock photo

Suffolk County Police Fourth Squad detectives are investigating a motor vehicle crash that killed a man in Lake Ronkonkoma on Jan. 25.

Joseph McKeegan was driving a 2007 BMW 335 sedan westbound on Portion Road from the intersection of Ronkonkoma Avenue, when he lost control of the vehicle, which crossed over the eastbound lanes, left the roadway, and crashed into a utility pole at 2:36 a.m.

McKeegan, 20, of Holbrook, was transported to Stony Brook University Hospital, where he was pronounced dead.

The vehicle was impounded for a safety check.
Detectives are asking anyone with information on this crash to contact the Fourth Squad at 631-854-8452.

By Bill Landon

The Kings Park boys basketball squad mashed the gas pedal from the opening tip-off and never lifted it in a road game against the Wildcats of Shoreham-Wading Friday afternoon. Jan. 17. 

The Kingsmen, protecting a 12-point lead coming out of the halftime break, never looked back scoring the Wildcats in the third quarter before Kings Park head coach Chris Rube rested most of his starters and flushed the bench, cruising to a 50-33 victory in the League VI contest.

Justin Sandstedt led the way for the Kingsmen scoring 12 points along with teammate Jay Paul Verme who netted 10. 

The win lifts the Kingsmen to 6-2 holding on to  second place in the league standings while the loss drops the Wildcats to 3-6

— Photos by Bill Landon

Smithtown Township Arts Council’s Mills Pond Gallery in St. James kicks off the new year with its annual Member Artist Showcase Exhibition celebrating the creativity and tapestry of talent that defines our communities. Featuring the work of 97 Long Island artists, the exhibit runs from Jan. 25 through Feb. 23.

The featured artwork was created in a wide variety of mediums including acrylic, charcoal and pastel, conte, gouache,mixed media, monotype print, oil, pastel, pen & ink, pencil, photography, pigment ink, archival substrate on panel, resin sculpture, solarplate etching, watercolor and more. 

“This exhibit allowed the artists to select the art they wanted to show… each of them offering their distinct approach to seeing and representing their artistic passion. We hope gallery visitors enjoy the artwork presented and we hope once they leave, they suddenly catch the beauty in something because a painting brought their mind into a different focus,” said Allison Cruz, Executive Director of the Smithtown Township Arts Council and Mills Pond Gallery.

Exhibiting artists include Adam D. Smith, Adriena Masi, Andrea Fortunoff, Andrea Tonty, Arlene Gernon, Barbara Jones, Bernice Corbin, Bernice Rausch, Bob Stone, Christopher Buckley, Constance Sloggatt Wolf, CW Max, Daniel Van Benthuysen, David Herman, Debra Baker, Diane Motroni, Dominique Treboux, Ellen Ferrigno, Felecia Montfort, Frederic Mendelsohn, Gia Horton, George Junker, Heather Jablon, Hillary Serota Needle, Jacqueline DuBarry, Jacques Garant, James Kelson, Jane Corrarino, Jeanette Martone, Joan Rockwell, JoAnne Dumas, John Mansueto, John Morris, Josephine Puccio, Joyce Bressler, Judy Stone, Karin Dutra, Kathee Shaff Kelson, Kathy Brown, Khrystyne Robillard-Smith, Kusuma Bheemineni, Kyle Blumenthal, Linda Hartman, Linda Ann Catucci, Lisa Marie Scrima-Castelli, Liz Jorg Masi, Lori Scarlatos, Lou Deutsch, Louise McClellan, Lynn Kinsella, Lynn Staiano, M. Ellen Winter, Madeline Stare, Mark Levine, Mary Difronzo, Mary Waka, Mary Ann Vetter, Matthew Lombardo, Mike Stanko, Myungja Anna Koh, Nicholas Valentino, Pamela Waldroup, Pat Forie, Patricia DiGiovanni,Patricia Lind-Gonzalez, Patricia Yantz, Patti Napolitano Kern, Paul Edelson, Paul Mele, Renee Caine, Robert Wallkam, Robert Tuska, Robert Roehrig, Roberta Rogers, Ron Becker, Roni Murillo, Ross Barbera, Sally Anne Keller, Sandra Feinberg, Sandra Riddle, Scott Hartman, Sean Pollock, Sebastian McLaughlin, Shain Bard, Stephen Shannon, Steven Walker, Susan Guihan Guasp, Terence Mcmanus, Terry Tramantano, Theodora Zavala, Theresa Graff, Thomas Dicicco, Tracey Alemaghides, Victoria Beckert, Virginia Mallon, Whitney Bell, and William Drost.

The community is invited to an opening reception on Saturday, Jan. 25 from 1 p.m. to 4 p.m. to meet the artists and enjoy their wonderful creations. 

Mills Pond Gallery is located at 660 Route 25A in St. James. Regular gallery hours are Wednesdays to Fridays from 10 am. to 4 p.m., Saturdays and Sundays from noon to 4 p.m. Admission to the gallery is always free. 

For more information, call 631-862-6575 or visit www.millspondgallery.org.

By Bill Landon

The Bulls of Smithtown East (13-2) came calling on Newfield Tuesday night and  the Wolverines had an axe to grind, having lost their previous matchup by 20 points back in December. 

This time Newfield led by five points midway through the 3rd quarter, only to see that lead evaporate when both teams deadlocked at 54-54 with three minutes left in regulation. The Wolverines surged ahead by six points a minute later but it would be short lived. The Bulls rallied to take a two-point lead with 0:59 seconds left and then sealed the deal with a free throw in the final seconds to escape with a 65-62 victory.

Both teams retake the court with road games against North Babylon. Newfield plays North Babylon on Thursday, Jan. 23 at 4:00 p.m., and Smithtown East the week after on Jan. 30, with a 5:45 p.m. start.

The win cements the Bulls 2nd place position in league III just behind Hills East with four games remaining before post season play begins.

Pixabay photo

On Jan. 19, the popular social media platform, TikTok, displayed an error screen, halting many of the app’s 150 million American users’ mid-scroll. “Sorry, TikTok isn’t available right now,” the screen read. “A law banning TikTok has been enacted in the U.S.” 

TikTok is owned by the Chinese internet company ByteDance and gained prominence on an international scale in 2017. Its Chinese ownership caused former President Joe Biden to sign a law dictating that if TIkTok weren’t sold to an American company, then it would be banned from American devices, leading to the error message. 

This isn’t the first time TikTok was under threat of a ban, but it is the first time it has gotten this far. TikTok users across the country closed their apps for what they thought was the last time, reflecting on how the app fits into their lives, and how it will change their future habits. 

TikTok was out of commission for 12 hours, giving many Americans a chance to contemplate its absence. Were we glad that the icon was no longer on our phone screens, tempting us to click on it? Or, did we regret that we didn’t have the breadth of advice, entertainment and information it avails? 

The app offers endless opportunities, giving platforms to anyone who creates an account. Many small-business owners, artists, song-writers, comedians, food-bloggers, musicians and book-reviewers gained a foothold in their industry by joining the expanding ranks of “Tiktok influencers.” Numerous current professionals, especially creatives, used the short-form videos to their advantage. Lil Nas X, the recipient of two Grammy Awards, is one of the most notable artists who gained popularity by advertising his song on the app. 

However, the very draw of the app–representation of a wide range of communities, allowing anyone to have a platform–can be contorted to manipulate the user’s perspective on reality. Besides the constant risk of spreading inaccurate information, the sheer amount of content can be anxiety-inducing. Literally swiping away anything distressing can condense a person’s world, the specialized “For You Page,” an echo-chamber. The casual, friendly videos can become a crutch, with scrolling from video to video becoming less of a conscious action and more of a comforting, self-soothing habit. 

During those hours without TikTok as an active factor shaping our view, we were given the distance needed to evaluate its place retrospectively in our lives. Did we use it when we were bored? Stressed? Angry? Why and when will we miss it? Taking healthy breaks provides the unaffected clarity to make these determinations. 

TikTok is back for now–President Trump issued a 90-day extension for ByteDance to sell–but let’s use the temporary ban as an opportunity to examine our social media usage.

File photo by Raymond Janis

Smithtown freight yard is a threat to our community

As a 75-year resident of our beautiful community, it saddens me to see Smithtown is moving ahead on the freight yard proposal by Toby Carlson.  Like California, you are adopting the law of unintended consequences. In the effort to pursue the “Green New Deal” they ignored the well-being and safety of their citizens. Reservoir water was redirected to save fish, fire budgets were cut and brush in county parks was left to grow contrary to state laws. All of this was to improve social justice policies. If a freight yard is the answer to our garbage needs, this is not the place for it, adjacent to a residential and historic area.

While the tragedy California is dealing with was never anticipated by the politicians, the dangers were all too apparent. So too, the terrible record of freight train derailments and toxic spills have put adjacent communities at risk and caused many tragedies throughout the country. While this is a real possibility, what is a certainty is that our home values, quality of life and water aquifer will all be negatively impacted. Just as California turned a blind eye to brush removal laws for many years, Smithtown has ignored the many code violations on Old Northport Road. Clearly, California has subordinated their community safety in pursuit of an alternative agenda. This should not happen here.Elected officials should protect and preserve our communities.

For 30 years I served with the Fort Salonga Association as director and president. We worked  to protect our zoning, establish  Bread and Cheese as an historic Road and identify many homes dating back to the American Revolution. To undermine our efforts, damage our quality of life and impact our property values is a betrayal of our trust. There are better places for a freight yard than 150 feet away from residential homes. Please protect our community!

Frank Konop

Smithtown

Sergeant-at-arms can protect without weapons

At the Suffolk County Legislature’s Organizational Meeting on Jan. 2, I suggested appointing a sergeant-at-arms for future meetings. As an employee of the Legislature that individual would be responsible for ensuring that all in attendance follow protocols. Helping to escort guest dignitaries such as the Suffolk County executive into the auditorium to address the legislators when they are in session would also be a job requirement. Despite the words “sergeant” and “arms” in the title, that person would not be a law enforcement officer and would not carry any weapons.

My request was prompted by events at two General Meetings last year when a member of the public who was speaking was asked by the presiding officer to not provocatively say “your base is racist.” These uncomfortable moments quickly overheated when the presiding officer determined it appropriate to request deputy sheriff officers who are present at the General Meetings to escort the speaker out of the hearing room. Witnessing law enforcement officers with loaded guns on their person being instructed to remove constituents is concerning as such circumstances have the potential to quickly and unpredictably escalate.

During my tenure as a New York State assemblyman, I observed that Legislature’s sergeant-at-arms routinely offering potential disruptors a piece of candy from a bowl he kept at his desk. This literally sweet gesture would provide an opportunity for de-escalation and, in turn, maintain the required decorum to continue with a safe and effective legislative meeting. It also demonstrates that the individual who is the sergeant-at-arms can function as an antidote to disharmony and an instrument of civility. The Suffolk County Legislature should make use of this tool to add both a buffer against immoderate moments and add to the procedural dignity of the chamber.

Steve Englebright

Suffolk County Legislator

Fifth District

Keep the town code, keep out freight terminals

We are writing to express the opposition of our members to the proposed changes to the

[Smithtown] Town Code – as written – that would permit rail freight terminals, rail transfer stations and wood chipping and mulch processing in Smithtown. The proposals as written make no sense and should not be enacted.

Although increased capacity for the transportation of ash from waste-to-energy plants and construction and demolition debris (“C&D”) off Long Island likely will become a necessity, we believe that as drafted, the proposed code changes are misguided, overbroad and frankly, unrealistic.

The most surprising aspect of the proposal is that a special exception could be granted for any ofthese uses on parcels as little as two acres. Likewise, we are surprised that the proposal includes the possibility that a rail freight terminal could be permitted in a light industry zone anywhere in Town. Since the proposed amendments would affect the entire Town, they could have negative impacts in any community where in ustrially zoned properties exist, including the Mills Pond National Historic District and the Flowerfield property.

For the past four years, the community has been working with the State Department of Environmental Conservation and Suffolk County to preserve the undeveloped 48-acre portion of the Gyrodyne/Flowerfield property, which is the last remaining open space in St. James. The State and County are closer than ever to a purchase that would compensate Gyrodyne fairly for its land. Supervisor Wehrheim, you have expressed to the DEC that the Town has no objection to the State’s proposal to acquire the property using Environmental Protection Funds. However, the proposed code changes, as written, could jeopardize the goal of preserving Flowerfield Fairgrounds as open space.

While the current Town Board might not allow a rail terminal on the Gyrodyne/Flowerfield property, future Town Boards could do so if the code changes before you are approved. The proposed code amendments would be antithetical to the broad explicit goal established in the Town’s new Comprehensive Plan to protect the character of residential communities like St. James. Even if the minimum required parcel size was increased to 100 acres, the proposals should not be enacted, for the following reasons.

Permission to create a rail freight terminal “used for the temporary staging and/or storage of commodities, consumer products or equipment” transported via rail at the Gyrodyne/Flowerfield site would require the addition not only of railroad tracks and storage facilities, but would also of necessity generate daily heavy truck traffic on Mills Pond Road, North Country Road and Stony Brook Road, all of which are narrow, two-lane country roads.

In sworn testimony at the 2010 eminent domain trial Gyrodyne’s own planning and zoning expert testified that getting traffic in and out of the Gyrodyne site is problematic because it is remote from major roadways, and that the property therefore could not accommodate the additional traffic that would accompany more industrial development. The level of traffic on nearby roadways under current conditions is rated as failing, which was a major impetus for the legal challenge against approval of the Gyrodyne subdivision, still pending. The proposed code amendments would allow this property to potentially be developed for uses that would be even more objectionable than those proposed by Gyrodyne in its subdivision proposal.

Another significant issue to be considered is the limited capacity of rail infrastructure in the Town of Smithtown. The Port Jefferson Branch of the Long Island Rail Road is served by a busy single commuter track and is ill-suited to the addition of rail freight.

There are numerous other locations in Suffolk County which are more suitable for use as rail freight terminals to facilitate the expansion of transportation of ash and construction and demolition materials (C&D) off Long Island.

Head of the Harbor Neighborhood Preservation Coalition