The Town of Smithtown has reached a temporary agreement with Carlson Associates over the operation of the Kings Park company's industrial site.
Carlson Associates, which continues to do business in solid waste management and other tasks, paid a $1,000 fine and pleaded guilty to four property maintenance violations, per a discharge agreement last month. It agreed to file a site plan application by June 19 and obtain approvals from the town by Nov. 19.
Frank Tantone, an attorney who represented Carlson in the agreement, said his client received a notice of violation for failing to obtain a site plan and have the plan approved.
After a string of court appearances, "You reach a point where you agree to take a plea of guilty for something in exchange for the conditions that were imposed," he said.
But at a town board work session on Tuesday, Supervisor Patrick Vecchio said the larger issue is that people have complained of odors emanating from the property due to composting, which is illegal in any zone, according to town code.
"People were saying that they were getting sick . . . and the odors still exist," Vecchio said. "He can't file a site plan application, because the activity is not a permitted use."
Vincent Trimarco Sr., an attorney who represents Carlson Associates on zoning issues, denied that his client, Toby Carlson, is composting.
"He has wood chips that are laid out in windrows, but that's not composting," he said, adding that Carlson has a permit from the state Department of Environmental Conservation to chip wood.
A DEC official monitors Carlson's property two to three times a week, Trimarco said. "If there were an odor or a smell, I'm sure he would smell it."