The owners of a controversial Kings Park industrial site filed a zone change application to construct garden apartments on their property, after Smithtown officials sought a contempt of court order against them for violating a state Supreme Court judge's ruling.

Thomas Gesuale Sr. of Northport, along with Lake Grove-based P&S Enterprises Inc. and the Margaret Acerra Irrevocable Trust, filed the application earlier this month to rezone about 44 acres of property on Lawrence Road, north of Old Northport Road, to garden apartments, records show. The property is zoned light industry and residential.

But Assistant Smithtown Town Attorney Martin Simon said in January court papers that the property owners -- including Ann Gesuale, Thomas Gesuale Jr., John Gesuale and several trusts and businesses associated with the family -- have continued "unlawful and willful disobedience" of Judge Daniel Martin's Sept. 3, 2014, order.

The order granted the town a preliminary injunction and barred the owners from accepting or storing broken asphalt, concrete, large piles of mulch, tree stumps, branches and leaves in violation of Smithtown's town code. It also enjoined the Gesuales from random dumping of wood and vegetative waste, which violates state fire code.

Simon said despite the town sending the owners two violation notices, a town investigator and senior fire marshal observed continued storage of various items against Martin's order, and fire code violations.

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Commack-based Sommer, Heller & Corwin LLP, attorneys for the family in the litigation, did not return calls for comment. Martin directed attorneys for all sides to meet Tuesday in his chambers for a conference, Simon said.

Thomas Gesuale's zoning attorney, Vincent J. Trimarco Sr., said the town's legal proceedings are separate from the rezoning application.

"I think the whole idea is to change the zoning into something that's more beneficial, first of all, to the community and secondly to himself," Trimarco said. "The residents should be, I think, happy that that's the application. He's not looking to continue heavy industry; he's not looking to continue with light industry."