NESCONSET - A number of Nesconset residents are outraged over plans to build a new Sonic restaurant.

Back in 2012, the Smithtown Zoning Board turned down a Sonic proposal, but state Supreme Court Judge Daniel Martin recently ruled that Sonic has a right to build its second Long Island drive-in restaurant.

Martin said the board "improperly bowed to community pressure" and "evidence presented was uncorroborated by expert data or testimony."

Residents say they are concerned about traffic congestion, trash, loud noise and the fact that the restaurant is open until 2 a.m.

The Smithtown Board of Zoning Appeals tells News 12 it is appealing the judge's decision in favor of building Sonic.