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New Tenant Could Soon Take Over Vacant Wendy's

The landlord is moving forward with fixing the problems at the location and looking for new tenants to occupy the building.

Doors never opened at Wendy's in Smithtown on West Jericho Turnpike near the Commack border, and while the eatery may never open there another tenant soon could.

"It’s been an eyesore. Wendy’s was our tenant, all we are is the owner," said Vincent DiCanio, owner of DiCanio Realty and partner in JT Enterprises, the landlord of the vacant Wendy's property. "They continued to pay us rent but our concerns were that it’s been an eyesore and it’s not completed."

RELATED: Grills Never Turned On at Wendy's [Empty in Smithtown]

While DiCanio is not an engineer himself and could only provide sparse details, he said the reason Wendy's never opened were due to problems with the sanitation system. DiCanio's company DiCanio Management Corp. has 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 said although they received this approval they are still waiting on site plan approval from the town to move forward with completing work on the location.

"We’ve come up with a new design where they sanitary could work ... We would complete the site with the same building," DiCanio said. The plans, according to DiCanio, include changes to the parking lot and providing landscaping to the location.

While Wendy's had been paying rent at the location, DiCanio said Wendy's did not want to open with the problems they were facing with the sanitation system. The landlord group settled with the fast food chain, and now it is on the market for other businesses to take over.

DiCanio said there are prospective tenants, but they have no definite occupant for the location yet.

The location, which sits next to Cafe Havana Bar and Grill, quickly became a home for graffiti, remnants of a cesspool and an abundance of weeds, caged-in by a locked chain link fence.

"It’s been sitting too long, we want to have a completed site," DiCanio said. "We think it’s a very desirable site, we just had to get additional approvals and we received them."

Mary January 23, 2013 at 03:41 PM
This site was denied when it was going to be a Burger King for the same sanitation reason. How did Wendy's get approval. Civic group protested it for a number of reasons. Now Havana Grill is closed (similar problems as previous tenants. Seems like Town is being paid off to allow this site to open for an establishment like Wendy's.
WOODY11780 January 23, 2013 at 05:04 PM
IT WAS ALWAYS PLANNED FOR A WENDYS....NEVER BURGER KING.....WHERE DID YOU GET THAT INFORMATION ??
Howard January 23, 2013 at 05:37 PM
This seems to happen frequently. Why can't we have a town board that works with owners to quickly get these issues resolved rather than permitting eyesores like this to exist for years. This makes Smithtown look shabby.
Peter Verry (Editor) January 23, 2013 at 06:16 PM
Mary, "Wendy's" did not get anything approved, the landlord received one approval of many needed from the town to move forward, as stated in the article. There is no specific tenant yet, but from speaking with the landlord the location – once completed – will be up for grabs. The reason nothing more was stated about the sanitation system in the article is because the landlord is not the engineer and did not have the specifics on the new system they put in the site plan to have approved by the town. There will be follow-ups to this story so please stick with Patch for updates. I plan on speaking to the landlord again and town representatives very soon for more information.
Nesconset Dude January 23, 2013 at 06:27 PM
The town doesn't like to "work with" anyone. I just had an experience with the town recently hoping to get guidance on what should be a minor property issue. Sure, the person I spoke with was quite pleasant, but I was pretty much told to hire a lawyer at the end of the conversation. That's what I got for attempting to work with the town. So happy I pay my taxes on time.
Howard January 23, 2013 at 06:38 PM
This is the Town government you elect. As long as the people of Smithtown continue to elect the same people over and over they get the same government. They have no consequences to their action (or inaction) and so that is what they do. we have no one top blame but ourselves as a town.
BigCraig23 January 23, 2013 at 07:06 PM
I am a home owner in the area and let me tell you, Smithtown is the worse of the worse! The town board is completely clueless. I had retaining walls on my property. 20G later (lawyer, fines, fees, board meetings, engineers) I finally got approval, however, I had to remove part of the wall. The wall was up for 15 years. Town did not want to work with me at all. I am not at all surprised about this current situation taking place. I bet they got the hand out for that tax check each month!
ed corliss January 24, 2013 at 03:14 AM
Watch Cable channel to see the high handed, smug, "Lords' over their 'Subjects" in action. Most times it's a shameless and absolute disgrace! Vote People, Vote!!! Fast Eddie
Nesconset Dude January 24, 2013 at 03:18 AM
I think people are slowly waking up. Let's see how the next election treats our beloved incumbents. I'd love to see term limits imposed.
Rob ONeil January 25, 2013 at 12:09 AM
Seems to me that the McDonald's across the street doesn't seem to have any problems. Maybe they didn't want a better tasting Wendy's right there. Just saying...
Mary July 25, 2013 at 09:56 AM
Many months since this article was written and property is only now beginning to get cleared. Still may not get Town approval. With all the viable empty properties along Rte. 25 and Main Street, this one should have remained untouched for a number of reasons. For one, it destroyed all the landscaping homeowners behind it used as a noise barrier to Jericho Tpke. Now our property values have decreased. Thanks Board for listening to our Civic Association. I see another nightmare in the making.

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