Burger King has submitted site plans for 942 West Jericho Turnpike in Smithtown, but will need Smithtown's Board of Zoning Appeals approval before moving forward.
DiCanio Management Corp, owned by Smithtown resident Vincent DiCanio, has filed a request for a modification of a special exception with the Town of Smithtown in order to change the construction plans to suit Burger King, instead of Wendy's.
The proposed plans for Burger King call for an approximately 3,500-square-foot counter service restaurant with indoor seating for 49 customers. This is smaller than the previously plans for a 3,610-square-foot Wendy's, which the Board of Zoning Appeals approved back in 2011.
But Wendy's never fired up its grill, leaving the vacant building to become a haven for graffiti artists overgrown by weeds.
DiCanio told Patch in January 2013 the reason Wendy's never opened was due to problems with the sanitation system. DiCanio Management has since taken steps with the town to remedy the sanitation system problem by submitting a new site plan with a new sanitation system.
Smithtown's town board approved the SEQRA negative declaration determination of non-significance at the Jan. 8 board meeting for the site plan, meaning the New York Department of Environmental Conservation stated the proposed project won't have a significant adverse impact on the environment.
DiCanio still needs to get a modification of the town's special exception to name Burger King as the tenant instead of Wendy's, and approval of the site plan before moving forward.
A public hearing before Smithtown Board of Zoning Appeals has been rescheduled for Jan. 14, 2014.