Forward step for Smithtown firehouse plan

After a nearly yearlong delay while town planners argued over the fine points of the municipal zoning code, plans for a new Smithtown firehouse have taken a small step forward.

The Smithtown Planning Board last week ignored the town planning department and voted to support an exchange of property rights that will allow the Smithtown Fire District to replace a substation on Plymouth Boulevard, just north of Jericho Turnpike.

Construction of the two-story substation, and demolition of the smaller existing firehouse, was tentatively approved by the town board in August. The estimated cost of construction is $2.5 million.

But the project stalled while planning officials debated the obscure issue of "density flow" rights.

The delay frustrated fire officials, who said they could not hire a contractor while town planners argued about the zoning issue.

"We can't go out for bid, we can't do anything until this gets done," fire district Commissioner Matthew Kondenar Jr. said Friday. "

Town planners had disagreed over the fire district's proposal to acquire development rights to a wooded lot about two miles from the substation. The fire district arranged to buy development rights to the land -- on Osgood Street, an undeveloped road between Harvard and Waverly avenues near downtown Smithtown -- to compensate for a shortage of sewage capacity at the Plymouth Boulevard substation, which will have increased meeting space.

Property owners are permitted to trade density flow rights to facilitate construction on lots that lack sufficient capacity for sewage.

Town planning director Frank DeRubeis argued that the plan was flawed because the Osgood Street parcel did not conform to town zoning rules. But planning board members sided with fire district attorneys, who said the lot met zoning requirements.

"The public safety of this town is in need of this substation," planning board chairman John Gee said. The board voted 4-1 on Wednesday to write a letter in support of the development-rights exchange.

Purchasing the development rights costs $70,000, Kondenar said. The district needs a town building permit and approval of the Suffolk County Health Department before construction can begin.

The family of Frank and Dorothy Micciche, which owns the Osgood Street property through a trust, would retain ownership of the land. The Micciches could not be reached for comment.

The new substation will have three bays for two pumper trucks and an ambulance, Kondenar said. The current firehouse, built in 1960 with two bays, is "undersized," Kondenar said, adding, "We need more protection up there for the safety of the people."