With plans for Kings Park rail line withdrawn, Smithtown pulls proposed zoning changes 

Smithtown is withdrawing proposed amendments to the town code that would have added rules on rail freight terminals and transfer stations had a controversial Kings Park waste management project gone forward.

The town board voted 5-0 at its regular meeting Tuesday at Town Hall to withdraw the two proposed amendments. That happened days after a developer announced a halt to a planned Kings Park rail project to transfer incinerator ash and construction debris off the Island.

The code changes would have allowed rail freight terminals, rail transfer stations and wood-chipping and mulch-processing facilities in heavy industrial zoning districts as a special exception.

The withdrawal means the town will reject bids that companies submitted to evaluate the potential environmental impact of the changes, Smithtown Supervisor Ed Wehrheim said in an interview after the meeting.

The town on Jan. 7 held a public hearing on the proposed code amendments that drew more than 200 people at the town’s senior center. The majority of those attending told town officials they opposed the code changes.

Town officials said previously the amendments were proposed because the planned closure of the Brookhaven landfill in the coming years created a need for the town to transfer much of its solid waste off the Island for disposal.

However, residents and civic groups opposed the code changes because they feared  they would lead to the building of a 5,000-foot rail line that developer Townline Rail Terminal had proposed building on 82 acres near Town Line and Pulaski roads.

Opponents had said they worried the project would have negatively impacted the local environment through noise, worsened groundwater quality and other potential impacts.

Last week, Toby Carlson, who owns CarlsonCorp, the developer's parent company, told Newsday the rail project was no longer going forward. In a letter to town officials, Carlson said he felt the project as it stands "is not in alignment with all stakeholders." 

In a previous interview with Newsday, Carlson said he also feels the project lacked support on the regional level and from Suffolk County for finding broader solutions for waste management, especially with the planned closure of the Brookhaven landfill.

In a statement provided to Newsday on Tuesday, Carlson said he is "glad the town board is removing the amendments at this time."

"It’s become a burden that neither the town nor I should carry alone. We need to wait until there’s alignment — across all agencies and throughout the community," Carlson said. "The priority must be the residents. When the right changes emerge and everything aligns, the time will come to revisit. Until then, it’s wise to pause."

Wehrheim said the town had not previously had any knowledge or indication that Carlson may pull the project, and he had not had any communication with Carlson on the matter as of Tuesday.

Wehrheim said he hasn’t had any indication on what Carlson intends to do with the property with the project now off the table.

When asked if the rail project may come back, Wehrheim said he felt it was "very unlikely."

"In some of his message, [Carlson] talked about public opposition, that he didn’t think it was going to be detrimental, but the public does, so I would think it would be very complicated for him to bring it back," Wehrheim said.

Wehrheim added he felt misinformation was circulating on social media about the project that may have heightened the public’s fears. That, Wehrheim said, was a lesson that taught him the town may have to do more to educate the public on a project of that nature in the future.

Linda Henninger, president of the Townline Association, which opposed the project, in a statement Tuesday said the civic group is "very pleased the town withdrew the proposed code amendments."

"It is important for the community to have received closure on this matter. We thank the town board," Henninger said.