Smithtown dispute may snag firehouse plan

An ongoing dispute among Smithtown planners over an obscure zoning issue could again stall plans to build a new Plymouth Boulevard firehouse.

The disagreement -- over whether to allow the Smithtown Fire District to acquire development rights to a property two miles away -- could block approval of the firehouse by the Suffolk County Department of Health Services.

Walter Hilbert, chief of the health department's office of wastewater management, said Friday he has asked town planners to resolve their internal differences before he decides whether to approve the project.

"We're trying to determine who is correct in that matter," Hilbert said. He said he asked the town planning department to "clarify why I have two conflicting responses from the town."

The fire district wants to build a two-story substation on Plymouth Boulevard to replace a smaller firehouse built there in 1960. Fire officials have said the new firehouse is needed to add a second pumper truck. The current station houses a pumper and an ambulance.

The town board tentatively approved the new substation in August. But construction was delayed because the property is too small for the sewage tanks needed. Fire officials have made arrangements to purchase development rights -- known as "density-flow" rights -- to a parcel on Osgood Street for $70,000 to satisfy town sewage requirements.

If the health department rejects the plan, the fire district would have to buy such rights to another parcel.

In a June 21 letter to Hilbert, town planning director Frank DeRubeis said the Osgood Street property is not large enough to be considered for development. It has 6,665 square feet, while zoning for the residential parcel requires 10,000 square feet, DeRubeis said.

But the planning board on July 6 agreed to support the property-rights trade, in part because the Osgood Street property dates to 1907.

"That's years before we had a zoning code," planning board chairman John Gee said in an interview Friday. "That fire station needs another pumper as soon as possible."

DeRubeis said his response to Hilbert will include both his own objections and the planning board's resolution supporting the development-rights swap.

"He's going to have figure that one out," DeRubeis said, referring to Hilbert. "I feel this is something we have to do."

Vincent Trimarco Sr., a Smithtown attorney who represents the owners of the Osgood Street property, said the health department should ignore DeRubeis' objections.

"I'm sending a letter to Hilbert saying the planning board makes the rules, not Mr. DeRubeis," Trimarco said.