Times of Smithtown

Nassau County's Supreme Court. Photo from Facebook

A Smithtown home improvement contractor who pled guilty to scamming Hurricane Sandy victims out of more than $100,000 will serve jail time — on weekends only.

Lee Moser, 50, was sentenced to 45 days in jail, to be served on weekends, and five years of probation. In addition, he also paid $50,000 in restitution that will be returned to the Governor’s Office of Storm Recovery.
Moser had previously pleaded guilty to third-degree grand larceny, a class D felony, and first-degree scheme to defraud, a class E felony, June 1 in Nassau County Supreme Court before Justice Robert Bogle.

Lee Moser. Photo from Nassau County district attorney’s office

“Cases like this are especially outrageous because homeowners were victimized first by Superstorm Sandy, and again by their contractor,” Nassau County District Attorney Madeline Singas said in a statement. “This defendant stole from relief funds that were the lifeline victims needed to rebuild their homes and lives.”

From April 2015 to August 2016, Moser signed contracts with five Nassau County homeowners to perform work on their homes that have been severely damaged by Superstorm Sandy, according to Singas. In most of these cases, the defendants wrote Moser a down payment check for the work, using funds from NY Rising Community Reconstruction Program, made payable to his business Capstone Remodeling.

NY Rising is the state-run program that assists homeowners impacted by natural disasters. The homeowners had applied for and received money from NY Rising to rehabilitate their homes after they were damaged by the Oct. 29, 2012, storm.

Instead of performing the contracted work, Moser repeatedly provided excuses as to why his business had not started, such as he was in the hospital or caring for his sick mother, according to prosecutors. In total, Moser admitted to stealing $100,885 from Nassau homeowners. Moser spent these funds on gasoline, dining at restaurants, telephone services and other expenditures to continue running his construction business that were unrelated to the homeowners’ contracts, according to the district attorney’s office.

The Nassau County Office of Consumer Affairs received five complaints from victims of Capstone Remodeling between June 2016 and April 2017, which were forwarded to the district attorney’s office. An investigation immediately commenced.

NY Rising has since reimbursed the Nassau homeowners who were scammed by Moser.

Smithtown High School East trampled over the Newfield Wolverines, 38-24, to claim victory at their Sept. 29 homecoming.

The Bulls’ offense came in ready to play, picking up 17 points in the first half. The Wolverines countered with three points, putting the score at 17-3 going into halftime. The offense for Smithtown East continued to do well in the second half, scoring another 21 points to put the game away.

The win improved the East Bulls standing to 3-1 as they hit the road to take on Deer Park Oct. 5 at 6 p.m. Newfield falls behind with the loss to 1-3 for the 2018 season and will host the Huntington Blue Devils Oct. 5 at 5:30 p.m.

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More than 250 runners took to Smithtown’s streets for the annual 5K Running of the Bulls Sept. 29. The cool, crisp morning gave way to sunshine made for perfect conditions for the morning’s run.

Merrick resident Brendan Kaelin, 33, crossed the finish line first with a time of 19 minutes, 4.39 seconds; or an average of 6:03 per mile.  He was closely followed by the top female finisher Maria Marascia, 27, who had an overall time of 9:29.5.

Prior to the 5K race, there was a 2K fun run that was participated in by children under age 12 and their parents, adults with their dogs and those who have just started running.

 

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The space in Smithtown where Chick-fil-A wants to establish a new branch. Photo by Victoria Espinoza

Chick-fil-A is finally coming to Hauppauge, though the last store operating where the corporate company intends to build doesn’t see much of a reason to celebrate.

“We knew it was going to happen, but of course it’s very sad because we’ve been there for over 30 years,” said Donna Ahr, matriarch of the family-run Bagel Gallery Inc., locally known as Hot Bagels in Hauppauge and Smithtown.

The bagel shop is the last store that remains open in the doomed shopping plaza.

We knew it was going to happen, but of course it’s very sad because we’ve been there for over 30 years.”

— Donna Ahr

The Town of Smithtown town council conditionally approved the site plan for the restaurant chain to demolish the existing 15,743-square-foot  shopping center at the corner of Route 347 and Route 111 in Hauppauge to make room for a 4,650-square-foot counter-service restaurant.

The round-the-clock open bagel shop has endured in that location since 1980, owned and operated by the Ahr family since 1985. In 2016, local residents got wind that Chick-fil-A was intending to tear down the shopping center where Hot Bagels was located to put in one of its restaurants. In the months that followed, close to 5,000 people signed a Change.org petition to try and keep Hot Bagels around. Though the fast-food chain won its petition for a zoning change two years ago to create a drive-thru, the restaurant’s site plans were only approved this month.

“I got a year and half more out of it than I originally thought I would, so God is good,” Ahr said.

The location houses two shopping centers, both of which are independently owned. Those stores in the building directly opposite the impending Chick-fil-A fear what could happen once construction begins.

It’s going to kill my business, or at least hurt my business with all the construction going on.”

— Tony Barbato

“It’s going to kill my business, or at least hurt my business with all the construction going on,” said Tony Barbato, the owner of Ciro’s Pizza located at 550 Route 347. “I think the chicken shop coming in is the stupidest thing ever. Everybody in that shopping center was pretty successful, but then they threw everybody out so they could send more money to [a national corporation] instead of keeping it local.”

In February 2018, the Ahr family opened up a second location along Hauppauge Road in Smithtown, a little less than two miles from their  original storefront. Even though Ahr and her family appreciate that many of their loyal customers will still be sticking around, their old location is where the family holds many of their fondest memories.

“It will be a very sad thing when the store goes because as much as people love the new location its still not the store that we all grew up in; my customers, me, my kids, my customers kids,” she said.

The approved Chick-fil-A site plans call for a reconfiguration of the parking lot surrounding both current shopping centers to allow for drive- thru access and additional spaces.

“It will be a very sad thing when the store goes because as much as people love the new location its still not the store that we all grew up in.” 

— Donna Ahr

Al Amato, founder of the Garden City-based Amato Law Group, PLLC, who is representing Chick-fil-A, attended the Sept. 20 meeting and said both locations would provide an adequate amount of parking individually, and that the new property would not block access to the other shopping center. Neither Amato nor a representative of Chick-fil-A were available to say when demolition on the old structure and construction of the new restaurant will begin.

In the meantime, Bagel Gallery is the last store in that shopping center that remains open. Ahr said she has been notified a tentative date to move out is Nov.10. She said she hopes to host a going away party for their old shop before they have to close for good.

“When I do have the exact date I want to do [something] special,” Ahr said. “They will tear it down in front of our eyes, and we’re all going to cry.”

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Browns Road homeowner Linda Costa speaks out at the Sept. 20 Smithtown Town Board meeting. Photo by Kyle Barr

Nesconset residents fear construction of a proposed Dunkin’ Donuts on Route 347 could disrupt their neighborhood.

A small group of Nesconset residents spoke out against developer Browns & 347, LLC who has requested a change of zone to the 2.5-acre property on the corner of Route 347 and Browns Road from R-15 Residential Single Family to Whole Sale Service Industry at a Smithtown Town board meeting Sept. 20.

The developer has proposed plans to construct a 12,450-square-foot, two-story office building and a Dunkin’ Donuts on the wooded lot, according to attorney Vincent Trimarco Sr.

The official notice posted regarding the rezoning on the corner of Route 347 and Browns Road in Nesconset. Photo by Kyle Barr

Nesconset residents are decrying the plans saying it will negatively affect property values and increase traffic near Sprofera Park. For Browns Road resident Linda Costa, whose home is adjacent to the proposed project, the developer’s plans are particularly alarming.

The plans for the proposed project will create additional parking spaces on two sides of
her property.

“Now your adding more parking behind my house — I have parking next to my house and across the street from my house,” Costa said. “I feel like I’m living in a parking lot.”

Costa and other residents fear a zone change would hurt their ability to sell their homes in the future, especially if they wished to break away from this new commercial development.

“I would probably try to sell my home before the development goes through, but I would have to be completely honest with that person beforehand that the zoning changed,” Costa said. “It would be much harder to sell.”

The proposed development was previously denied by the town’s planning board in May 2017, due to traffic complaints caused by an entranceway off Browns Road, according to Trimarco. The new site plan would limit access to two driveways on Route 347, and include a 30-foot barrier of greenery along Browns Road to disguise the property from the residential street.

In addition, the applicants have agreed to provide 22 parking spaces along the eastern end of the property to the town for municipal purposes and access to Sprofera Park.

Maureen O’Connor, who lives across from the proposed project, said she feared traffic would increase if cars wanted to come down Browns Road to get to the new Dunkin’ Donuts. The problem is exacerbated with kids crossing the street to get to Sprofera Park and a school bus stop that is situated along Browns Road.

Attorney Vincent Trimarco explains the developers plans for a Dunkin Donuts and office building in Nesconset. Photo by Kyle Barr

“The traffic pattern already around this busy intersection would not only increase, but would increase the disruption in the flow of traffic as cars attempt to enter or exit onto this business on [Route] 347,” O’Connor said.

When residents questioned why developers wouldn’t create more single-family homes on the site, Trimarco said having more homes connected to Browns Road would result in more traffic. He also said that since the development will be shielded from view by that greenery it shouldn’t affect property values.

“We would have to have access through Browns Road, and you would have the same problem the neighbors are concerned about,” Trimarco said.

Nesconset resident Salvatore Vitale, a homeowner on Michael Place overlooking the park, said he fears a new parking lot and a Dunkin’ Donuts could lead to more loitering and vagrancy.

“Every few nights there’s a police car parked [in the Sprofera Park parking lot] to make sure there’s no transients or loitering,” Vitale said. “Now you put a building there, and those parking areas will need three police cars every night.

Supervisor Ed Wehrheim (R) did not give a date as to when the town will make a decision.

From left, Eliana Gruvman, Alia Romanelli, Victoria Barics, Cole Napolitano, Shane DeCamp and Haley Justine

By Heidi Sutton

While many families wait anxiously for the sequel to Disney’s 1964 “Mary Poppins” to hit local theaters in December, a lovely theater version of the original film and Broadway musical has flown over to the Smithtown Center for the Performing Arts. Directed by Jordan Hue and performed by a talented cast of 28 local children ranging in age from 10 to 18, Disney and Cameron Mackintosh’s “Mary Poppins Jr.” will entertain theatergoers through Oct. 28.

Logan O’Leary, Alia Romanelli and Shane DeCamp in a scene from ‘Mary Poppins Jr.’

Jack-of-all-trades Bert (Mike Shapiro) transports us back to London’s Cherry Tree Lane where we meet the Banks family — father George (Logan O’Leary) who only wants precision and order and is consumed by his work at the bank; mother Winifred (Haley Justine) who is busy trying to live up to her husband’s social aspirations; and children Jane (Alia Romanelli) and Michael (Shane DeCamp), who in the last four months have had six nannies come and go. When Mary Poppins (a superbly cast Victoria Barics) arrives at their doorstep, she has her work cut out for her.

With Bert’s help, a bit of magic (how did she get that 3-foot plant in her bag?) and lots of patience (“spit spot”), Mary Poppins helps bring the family closer with the overall inspiring message of “anything can happen if you let it” and promises to stay until the wind changes, which is the end of the first act. George’s old nanny, Miss Andrew  (Erika Hinson as “the holy terror”) arrives in the second act to make the children’s lives so miserable that they decide to run away. Will Mary Poppins return to save the day?

Victoria Barics and Mike Shapiro in a scene from ‘Mary Poppins Jr.’

Many of the endearing songs from the original film are here, including “Chim Chim Cher-ee,” “The Perfect Nanny,” “A Spoonful of Sugar” and the beautiful “Feed the Birds.” The dance numbers, “Jolly Holiday,” “Supercalifragilisticexpialidocious” and “Step in Time,” choreographed by Michelle Rubino, are big, bold and wonderful. The costumes, designed by Ronald Green III, are “practically perfect” especially Mary Poppins’ outfit variations.

Running time is 1 hour and 30 minutes with a 15-minute intermission. Booster seats are available. Stay for a meet and greet with Mary Poppins and Bert after the show.

The Smithtown Center for the Performing Arts, 2 East Main St., Smithtown will present “Mary Poppins Jr.” through Oct. 28. Children’s theater continues with Ken Ludwig’s “Twas the Night Before Christmas” from Nov. 17 to Dec. 30 and Disney’s “Aladdin Jr.” from Jan. 12 to Feb. 24. All seats are $15. To order, call 631-724-3700 or visit www.smithtownpac.org.

Photos courtesy of SPAC

Port Jefferson's stop on the Long Island Rail Road. File photo by Erika Karp

An idea decades in the making could take a major step forward by the end of 2018.

It still may be years before electrification happens, if it ever happens at all, but momentum is building toward funding being secured for a study determining the feasibility of electrifying the Long Island Rail Road on the Port Jefferson line from Huntington to the stations east by the end of this year.

Mitchell Pally, the Suffolk County representative on the Metropolitan Transit Authority’s board of trustees, said the LIRR has already appropriated funds to support the study, adding state Sen. Ken LaValle (R-Port Jefferson) has also succeeded in appropriating state funds toward the plan.

“The support of the communities involved is essential to making this work,” Pally said in an interview. “The railroad is very supportive.”

Community support for exploring the possibility of electrifying the line, which currently allows trains to run on diesel fuel east of Huntington, has been building in recent years, although the idea has been on the radar for North Shore residents at least as far back as the 1980s.

Anthony Figliola, an East Setauket resident, former Brookhaven Town deputy supervisor and vice president of Empire Government Strategies, a company that provides strategic counsel on governmental relations and practices to municipalities, has been leading a community coalition advocating for a feasibility study for about the last year, he said. The group, which Figliola said has been informally calling itself the North Shore Business Alliance, has been lobbying elected officials and community organizations like civic associations and chambers of commerce throughout the relevant territories in an effort to build public support for and attention on the idea. Figliola said he hopes the funding for a study will be in place by the end of the year. The study is expected to cost approximately $12 million, he said.

“It’s ripe, the community wants it,” Figliola said. “We’re very grateful for all that Mitch is doing to advocate on behalf of this.”

Figliola identified Charlie Lefkowitz, vice president of the Three Village Chamber of Commerce and real estate developer, as one of the other community members leading the charge for electrification.

“It’s a long time coming,” Lefkowitz said of progress on the feasibility study. “It was a collaborative effort on many fronts. The direct beneficiaries of it will be the communities.”

The study would examine how much faster trains on the North Shore line would reach Penn Station in Manhattan with electrification from Port Jeff, select a new rail yard to house the electric trains among other logistical particulars. Currently, the LIRR rail yard is off Hallock Avenue in Port Jefferson, though several officials have indicated electrification would require the relocation of that yard and the Port Jeff train station. The former site of Lawrence Aviation Industries has been suggested as a possible new rail yard and train station.

On April 4 Huntington Town Supervisor Chad Lupinacci (R), Brookhaven Town Supervisor Ed Romaine (R) and Smithtown Town Supervisor Ed Wehrheim (R) sent a joint letter to the New York State Legislature’s Long Island delegation to express their support for the feasibility study due to potential economic and environmental benefits. They cited that the Port Jefferson and Huntington branch lines have the highest ridership, about 18.7 million annually, of any line in the LIRR service territory, according to the most recent LIRR Annual Ridership Report released in 2015. Figliola said his coalition had lobbied for the support of the three supervisors.

“I think it has legs,” state Assemblyman Steve Englebright (D-Setauket) said of electrification. “It’s such a good idea that I think it should happen.”

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St. James residents welcomed fall with a classic display of cars along Lake Avenue.

The Community Association of Greater St. James held its annual Car Show Sept. 24. The cars displayed covered the entire spectrum from antiques and muscle car to exotics. Cars and trucks were lined up along Lake Avenue for attendees to check out.

Click through the gallery above to see some of the cars on display and see if we caught you scoping out a classic. 

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Hoyt Farm Nature Preserve in Commack. Photo from Facebook

Two childhood friends whose shared tie is a community they love are planning a celebration of what makes Commack unique.

The newly revived and first Commack Day will be held Oct. 6 from 11 a.m. to 6 p.m. at Hoyt Farm Nature Preserve off New Highway. Everyone’s invited, Commack resident or not, to help revive a tradition and bring it into the modern era.

James Manikas, a Commack resident and local real estate agent, said the idea of hosting a community festival first came up when he was reminiscing over high school memories with his friend, Commack native Dean Spinato.

There’s a Smithtown day, St. James day, a Nesconset day, Huntington fall festival, even Northport Cow Harbor Day, all of the surrounding towns have something like this.”

— James Manikas

“There’s a Smithtown day, St. James day, a Nesconset day, Huntington fall festival, even Northport Cow Harbor Day, all of the surrounding towns have something like this,” Manikas said. “Wouldn’t it be cool to shut down
Commack Road and have a big fair?”

The real estate agent said upon talking to older Commack residents, including his mother, he learned the community did once host an annualget together at Hoyt Nature Preserve, but the event hadn’t been held in close to 30 years.

“I think I may have attended it as a child,” he recalled.

Earlier this year, Manikas started posting videos and photos on Facebook suggesting a community celebration be revived. As his social media posts gained traction, Spinato, who works organizing marketing events, reached out to him offering to help.

I reached out to Jimmy and said, ‘I’m onboard,’” he said. “We’ve been friends since junior high, so let’s do this the right way. Let’s do a donation, give back and get the community involved.

The first idea of shutting down Commack Road to hold a street fair was met with several roadblocks.

“Commack has nothing because it’s split between Huntington and Smithtown,” Spinato said. “We’d have to go to both towns and see which road we would be able to shut down and get permits.”

They sought a special event permit from the Town of Smithtown to use Hoyt Farm Nature Preserve, harkening back to the past. A committee of lifelong “Commackians” was formed to begin assembling a lineup of entertainment, food and music.

When you find out someone is from Commack, you simply gravitate to them, it has that strong sense of community.”

— James Manikas

“When you find out someone is from Commack, you simply gravitate to them, it has that strong sense of community,” Manikas said. “I want people to see what a great town it is.”

The event will feature live music from 11 a.m. to 6 p.m. including performances by 3 Dudes from Commack, Full Circle Live, Killing Time and 70’s Flashback. Several local and chain restaurants have agreed to donate food for the event, according to Manikas, which will be available for tasting.

“You’re allowed a table there to promote any kind of business,” he said. “We’d prefer it to be a Commack business first.”

A listing of all the businesses that have pledged to be involved can be found on the event’s website at www.commackday.com. Tickets are $10 in advance through eventbrite or $15 cash-only on the day of the event. A portion of the proceeds will be given to the Commack Fire Department.

“These people are here, protecting us and our community, who are strictly volunteer,” Manikas said. “I think the least we can do is give back to them.” 

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Smithtown town officials plan new parking lot for Kings Park

From left, Marc Mancini, Smithtown Supervisor Ed Wehrheim and Suffolk County Executive Steve Bellone in the newly reconstructed Bellemeade Avenue Municipal Parking Lot. Photo by Kyle Barr

A newly remade Bellemeade Avenue Municipal Parking Lot in Smithtown has several local business owners excited. They hope it might not only attract more customers, but the floods that have ruined their properties in prior years will be a thing of the past.

“There was a big storm a couple years back and all of our stores got flooded,” Lisa Spica, the owner of Dance ‘N’ Things, said. “I have a lot of stuff on the floor, and merchandise got damaged, equipment got damaged. This new drainage is a beautiful thing.”

The parking lot, located off East Main Street, was once notorious for filling with water, at one point flooding the 13 businesses that it borders, business owners said. After several days of torrential rain earlier this month, Richard Daly, owner of RICHARD Salon, was happy to report he’s seen no hint of flooding.

Now, it’s great. There’s a lot of new parking spots. Clients are happy, and more importantly employees are happy.”

— Richard Daly

“When it flooded, we just got used to it — lived with it,” Daly said. “Now, it’s great. There’s a lot of new parking spots. Clients are happy, and more importantly employees are happy.”

The Town of Smithtown finished its $490,000 reconstruction of the parking lot in August, which increased the total number of parking spaces to 139 while adding new drainage and rustic lighting fixtures. Mike Petrina, the manager at Smithtown Running Company, said that the additional lighting was especially
important to him.

“Before there was hardly any lighting, so the new lighting makes it a lot safer at night,” Petrina said.

Smithtown’s elected officials have municipal parking on their minds. The town board voted unanimously Aug. 14 to enter a contract of sale to purchase two vacant lots off Pulaski Road for a price of $280,0000 from Flushing residents Matthew and Marguerite Lupoli.

“We finally brought the Queens resident to Smithtown — we purchased those lots and we’re going to make a new parking lot, similar to [Bellemeade], but with off-street parking to help the west end businesses that we have in Kings Park,” Supervisor Ed Wehrheim (R) said.

This parking lot was in disarray for many, many years, and hardly ever used. Certainly, this parking lot will be beneficial to these businesses.”

— Ed Wehrheim

The parking lot was closed for roughly a month before being reopened, according to East Main Street business owners, who said they felt  construction did not affect their businesses too much. Most are now happy to walk to their cars at the end of the day without dealing with flash flooding or worrying about their safety.

“I even have some younger girls working for me and taking out the garbage late at night, sometimes we would just wait until morning because nobody wanted to,” said Erin Kahnis, the owner of DIY artistic signs store AR Workshop. “It’s much better now.”

Wehrheim said the town plans to install additional lighting fixtures and finish landscaping the gardens in the lot’s center island and along its eastern edge during the next six weeks.

“This parking lot was in disarray for many, many years, and hardly ever used,” the supervisor said. “Certainly, this parking lot will be beneficial to these businesses.”