Smithtown wins code violation injunction against Kings Park business

A state Supreme Court judge has granted the A state Supreme Court judge has granted the Town of Smithtown a preliminary injunction against operators of a Kings Park industrial company that stored heavy industrial equipment and processed vegetative waste on portions of its property that is zoned residential and light industry, officials said. Photo Credit: Danielle Finkelstein

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A state Supreme Court judge has granted the Town of Smithtown a preliminary injunction against operators of a Kings Park industrial company that stored heavy industrial equipment and processed vegetative waste on portions of its property that is zoned residential and light industry, officials said.

Judge Daniel Martin in Riverhead prohibited Ann Gesuale, Thomas Gesuale Sr., Thomas Gesuale Jr., John Gesuale, Margaret Gesuale, and several trusts and businesses associated with the family, including Jezco of New York LLC, from various heavy industrial activities that violate town zoning code.

The Gesuales and their operators can no longer permit outdoor storage of tractor-trailer trucks, office trailers and other heavy industrial equipment at their 44-acre property on 1 Lawrence Rd., according to Martin's July 10 ruling.

The ruling also forbids them from accepting and storing broken concrete, asphalt, mulch, tree stumps, branches and leaves.

Smithtown Town Attorney Matthew Jakubowski said the town was "very pleased" with the decision. "We hope this is a positive step toward finally resolving the issues," he said.

Commack-based Sommer & Heller LLP, attorneys for the family, were not immediately available for comment Monday. In his decision, Martin referred to their opposition to the town's application for a permanent injunction, citing most industrial equipment on the site had been removed, no additional waste had been accepted and the Gesuales' plan to rezone the site to allow for a multifamily residential community, with a golf course.

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Martin also enjoined the Gesuales from random dumping of wood and vegetative waste, which violates state fire code.

Town Fire Marshal Philip J. Carroll said he observed "raw wood piled in excess of 25 feet high, 150 feet in width and 250 feet in length" during a May 2013 inspection, and the piles left no room for emergency access, records show.

The wood piles could cause a fire that "would present a public safety catastrophe," Martin said.

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Jakubowski said the town plans to meet with the Gesuales' attorneys to discuss removal of materials that pose a threat to public health and safety. The town is also awaiting an order from the court that will reflect Martin's decision, which Jakubowski said is required to enforce the preliminary injunction.

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