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Sonic Sues Smithtown Over Denial

Town of Smithtown denied Sonic for similar reasons to that of proposed East Meadow location.

It turns out East Meadow isn't the only place on Long Island involved in a Sonic debate.

Sonic franchisees have filed a lawsuit against the Town of Smithtown's Board of Zoning Appeals over the rights to build a drive-in restaurant in Nesconset. 

Smithtown Board of Zoning Appeals denied an application by Serota Smithtown LLC for multiple variances and exceptions to build a 2,100-square-foot Sonic restaurant off the intersection of Middle Country Road and Alexander Avenue on Nov. 13, 2012. 

By a vote of 3-2, Smithtown zoning board members found Sonic would create significant noise impacting the surrounding residential community. They said Sonic's proposed plans did not provide sufficient space for vehicles waiting at the drive-thru window and would traffic hazards on both Middle Country Road and Alexander Avenue. Zoning Board member Steven Gargiulo and Anthony Tanzi were against the application's denial. 

Serota Smithtown LLC, the Valley Stream-based property owners, have challenged the zoning board's decision by filing an Article 78 in New York State Supreme Court on Dec. 28, according to WebCivil Supreme. Attorney Bram Weber, of Melville-based Weber Law Group, is representing the franchisee. 

Under Article 78, commercial businesses or individuals may challenge a decision made by New York State or local agency, such as the Town of Smithtown. 

"Both the property owner and the franchisee believe strongly that the evidence presented at the public hearing overwhelmingly supported the issuance of the special exception and variances to permit the Sonic restaurant,” Weber told Long Island Business News.

Weber could not be immediately reached by Patch for further information. 

Spencer Hart, a partner in the exclusive Sonic franchisee for Long Island, told LIBN that he has plans to build half a dozen Sonic drive-in restaurants on Long Island over the next few years. 

In March 2012, Town of Hempstead's Board of Zoning Appeals rejected Sonic's plans to build in East Meadow, citing parking shortages leading to traffic concerns and its proximity to local bars.

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Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors. Write a new post... What's up? Make an announcement, speak your mind, or sell something
Sara Rietbroek May 15, 2013 at 10:18 pm
Not sure why that happened. May have been a technical error.
JACK COLLINS May 15, 2013 at 06:45 pm
Did I really need this anouncement 22 times?
Tyson Marion May 13, 2013 at 01:45 pm
If can get in and out without a problem I would not. I would rather ask them to move their carRead More back. It's not worth making a life long enemy.
paul May 11, 2013 at 11:20 pm
Yes my answer was serious.... I gave you different comments regarding your question. The pics youRead More provided is how I based my answer.... Point was did it create an issue for you and does it occur all the time. If it was a one time incident as small as it was you decide?
det2659 May 11, 2013 at 10:51 pm
Are you serious Paul? Look at the photos. A yes or no...period. If I were present I'd have saidRead More "You're blocking the driveway".