The Smithtown Town Board has unanimously approved a site plan by a tree service company that has operated for at least a decade without approval.
Board members voted 5-0 Tuesday to accept the site plan by Prisco Realty LLC, which owns and operates Reliable Tree Services at 927 Jericho Tpke.
The approval came with conditions, such as all fencing and landscaping must be completed within 30 days.
Supervisor Patrick Vecchio said with the vote, Reliable Tree "will be in compliance and part of that site plan . . . Right now, they have all the necessary zoning approvals to operate."
Vincent J. Trimarco Sr., the attorney for the company owned by Frank Prisco, said his client was delighted and would "comply with all the conditions."
Prisco had been ordered to file a site plan within a year of a March 2011 conditional discharge agreement in Suffolk County District Court -- after the town issued violation summonses in 2003, 2008 and 2010 -- but failed to do so, said Smithtown Town Attorney Matt Jakubowski.
Neighbors have said that trees were ground into wood chips and stored in open containers, leading to unpleasant odors.
They voiced concerns last year that the company was operating a used-car lot in its rear buffer zone. In November, the town zoning board of appeals granted Prisco's special exception request to permit a trucking station for a tree-service business and a motor vehicle showroom with conditions.
Despite violations, the town has done business with Reliable Tree. A three-year contract expired last month, Jakubowski has said. The company lost a bid for tree stump removal with the town last August due to zoning violations.
Reliable Tree filed another tree services bid with the town last month for $448,475, records show.
Town officials said Thursday that no determination has been made about whether the company is an eligible bidder.
Neighbor Ann-Marie Most said she was concerned about whether Prisco would follow through with the plan, adding that the town should not do business with him.
"He still hasn't fulfilled any of the plans he said he was going to do," Most said. "I don't know how he can be considered to be an eligible bidder."