1. The Town Board to consider Zoning Petition #2011-07 as submitted by L.M.I. Commack Realty Co., and Fayland Realty, Inc. (Hess Corporation), for a Change of Zone from WSI (Wholesale Service Industry) District, PB (Professional Business) District and R-15 (Residential, 15,000 square feet, single-family) District to NB (Neighborhood Business) District on property located on the south east corner of Jericho Turnpike and harned Road, Commack, New York, SCTM #0800-90-03-2.1 & 2.4.

2. The Town Board to consider Special Exception Petition #2011-13 as submitted by Santilli commercial Developers, LLC for a special exception for a commercial public recreation use on property located on the north side of Old Northport Road, 1,018.08 feet west of Indian Head Road, Kings park, NY, SCTM #0800- 42-1-2.1, 3.2 & 23.6.

3. The Town Board to consider proposed amendments to Chapter 160 of the Code of the Town of Smithtown entitled “Firearms” as it relates to exceptions.

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Although there were no indictments the report pulled no punches in criticizing how certain town officials participated in unlawful activities and violated Town Code in the lumber yard demolition at 102 West Main Street in 2009.   Some of the 17 “suggestions” made by the Grand Jury include:

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                Lance Cpl. Edward J. Dycus, 22, of Greenville, Miss., died Feb. 1 while conducting combat operations in Helmand province, Afghanistan.  He was assigned to the 2nd Battalion, 9th Marine Regiment, 2nd Marine Division, II Marine Expeditionary Force, Camp Lejeune, N.C. 

                This incident is under investigation. 

Andre Machate, 41, entered the CVS Pharmacy, located at 111 Terry Road, Smithtown at 2:46 p.m. and handed the pharmacist a prescription. The pharmacist questioned the authenticity of the prescription, and Machate grabbed the prescription out of the pharmacist’s hand and fled.   Machate then went to a nearby CVS Pharmacy, located at 232 Smithtown Blvd., Nesconset, to get his prescription filled. Fourth Precinct plain clothes Crime Section Officer Kevin O’Reilly responded to the Nesconset CVS and ascertained that Machate had just dropped off his prescription. Machate returned to the Nesconset CVS at approximately 4:30 p.m. and Officer O’Reilly placed him under arrest.  

Fourth Squad detectives recovered the forged prescription and a blank prescription pad. An investigation revealed the prescription pad was proceeds from a burglary that occured at a doctors office on November 28, 2011, located at 278 E. Man St., in the Village of the Brnach. In that burglary, Machate had smashed a glass window by the front door of the doctor’s office and stole the prescription pad.  

Machate, St. James, was charged with Burglary 3rd Degree, Forgery 2nd Degree, and Criminal Possession of Stolen Property 5th Degree. He will be held overnight at the Fourth Precinct and is scheduled to be arraigned at First District Court in Central Islip on February 18.  

 The investigation is continuing. Detectives are asking anyone with information to call the Fourth Squad at631-854-8452 or anonymously to Crime Stoppers at 1-800-220-TIPS. All calls will be kept confidential.  

A criminal charge is an accusation. A defendant is presumed innocent until and unless proven guilty. 

Photo - Smithtown Planning DepartmentKings Park residents and elected officials alike are gearing up for an upcoming meeting of the Smithtown Town Board; the topic of interest is the status of a proposed deluxe sports complex to be located on Old Northport Road.  Although plans for the prospective construction have been in the works for years, it was only at last week’s Kings Park Civic Association meeting that the developer and property owner, Santilli Commercial Developers, publicly released their full proposal. 

It was at the Kings Park Civic Association meeting on February 9^th that Santilli’s attorney, Leonard Shore of Commack, spoke of the developer’s full vision for the construction.  According to Shore, Santilli’s proposal would call for the construction of five Olympic size playing fields with four designated for soccer, two mini-ball

Emmanuel Amaral, 42, collected $2,000 cash and a check for $2,800 for the purchase of a 2006 Ford Van. However he never delivered the vehicle, or returned payment to the victim.  

Amaral claims he sells vehicles and operates out of Jake’s Towing and Recovery, located at 4 Yerk Ave., Ronkonkoma. He has been charged numerous times for similar incidents in the recent past.  

Amaral was arrested at his house in Smithtown , at 9 a.m. He was charged with Grand Larceny 3rd Degree. He will be held overnight at the Fourth Precinct, and is scheduled to be arraigned at First District Court in Central Islip on February 16.  

Fourth Squad detectives believe there maybe more incidents involving Amaral that have gone unreported. Detectives are asking anyone with information about this incident to contact the Fourth Squad at 631-854-8452 or call anonymously to Crime Stoppers at 1-800-220-TIPS. All calls will remain confidential.  

The investigation is continuing.   A criminal charge is an accusation.

A defendant is presumed innocent until and unless proven guilty.

Photo by Jennifer M. KleiGovernment officials are continuing their efforts to revitalize Smithtown’s Main Street with a plan that includes construction of a sewage system and the reconfiguration of parts of rte. 25 into a single lane.

According to the office of Suffolk County Legislator John M. Kennedy, the sewage plan is based in part on a $70-million project that is currently underway in the Hauppauge Industrial Park.  Kennedy, who backed that project, is one of the key figures now investigating how similar planning on Smithtown’s Main Street could aid in rejuvenating that road and its ongoing struggle with defunct businesses and vacancies.  

Timothy Donolli, 48, and his 78-year-old father Louis Donolli, were on the second floor of their home, located at 42 Deepdale Drive, when he smelled smoke coming from the lower level of the house at approximately 1:30 p.m. Timothy went downstairs and tried to extinguish the fire but was unsuccessful.  He then attempted to go back upstairs to evacuate his father but he was unable the get to the second floor because of the fire.  

Michael Magner, 49, of Huntington, was working nearby when he saw the fire. Magner went inside the home and helped Timothy get out of the house.  Louis was pronounced dead at the scene by a physician assistant from the Office of the Suffolk County Medical Examiner. Timothy was taken to Stony Brook University Medical Center with non-life-threatening injuries via Commack Rescue.  

The Commack Fire Department, with assistance from the Brentwood, East Northport, and Dix Hills Fire Departments, extinguished the fire.  

The fire does not appear to be suspicious and the investigation is continuing.

By Chad Kushins

This week, a Suffolk County Grand Jury issued its report on the 2009 demolition of a Smithtown lumberyard. The report was critical of members of Smithtown’s Town Government for their complicity in the unlawful demolition of the property. Although no legal action is expected against town officials the 40-plus-page report pulled no punches in criticizing how certain town officials participated in unlawful activities and violated Town Code.

The property in question, located at 102 West Main Street, was partially demolished and under investigation since 2009.