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Court order halts Kings Park company from processing waste material

The Smithtown Town Board voted unanimously to purchase

The Smithtown Town Board voted unanimously to purchase two properties for $240,000 that can be used for transfer of density flow rights. (Feb. 20, 2012) Credit: Erin Geismar

A State Supreme Court judge in Riverhead has issued a temporary restraining order barring a Kings Park concrete contractor from illegally processing waste material.

The order, signed Monday by Acting Supreme Court Justice Ralph T. Gazzillo at the request of Smithtown Town attorneys, bars KPE II from storing material at its Old Northport Road site.

The order remains in effect until a March 21 hearing before State Supreme Court Justice Arthur G. Pitts.

An attorney for KPE II did not return a call for comment.

Smithtown officials, who say KPE II is violating zoning laws, hope to force the company to conform with town code. The town zoning board of appeals last month denied the firm’s request for a certificate of existing use, which would have shielded the company from town regulators.

Neighbors have complained that the business generates noise, dust and odors that disrupt their lives.

Company representatives have said they believe they are exempt from town zoning because the property has been used for industrial purposes since before the code was adopted about 50 years ago.


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