Town Hears Proposal for Commack Hess Station

Proposed site of Hess Gas Station and Convenience StoreGas chain meets with Zoning Board and community to make their case

By Chad Kushins

This week’s Public Hearing portion of the Smithtown Town Board meeting was, by all accounts, a not-to-be-missed affair, as over two dozen separate residents took the podium for a marathon “public comments” section – running over two and a half hours long – with each voicing their respective concerns over a controversial commercial zoning change on the agenda. 

February 23^rd’s meeting at the Eugene Cannataro Senior Citizens Center saw local residents and elected officials alike gather to discuss a proposed Hess gas station, set for construction at one of Commack’s busiest intersections.  Hess, one of the largest gas and filling station chains in the US, had been seeking such a construction for years, making Thursday’s meeting of the Town Board just the latest in its attempts to continue the controversial proposed project.

According to Hess’ attorney, Sayville-based Eugene DeNicola, the proposed station would sit at the at the corner of Jericho Turnpike and Harned Road in Commack – a high-volume intersection commonly prone to traffic and accidents.  The proposed “Hess Express” gas station is set to replace the abandoned Shell station – which has lay dormant for years.  In order to complete the project, according to a corporate model that includes a convenience store, Hess would have to obtain a zoning change from the Town of Smithtown.

Although Hess was denied their initial plans two years ago, the “eyesore” status of the currently vacant Shell structure may have warmed some town leaders and community members to the possibility of a zone change.  However, concerns about the construction still exist, with most residents and officials being less worried about safety issues (with the boarded up building) and more concerned with how it would affect existing traffic patterns at the site.   The current pattern has vehicles entering the intersection from two directions each on Jericho Turnpike and Harned Road, as well as an exit ramp from the northbound lanes of the Sunken Meadow Parkway.

“The DOT [New York State Department of Transportation] recommended that the curb-cut be reduced in size,” said President of RMS Engineering Christopher Robinson, who is overseeing the project, “and we are in full agreement.”

Hess’ initial plans for the construction originally met with opposition from both Smithtown’s Planning Department and its separate Planning Board.  However, with slight changes and adjustments incorporated into the plans, the Planning Board is now currently endorsing its construction – in the event that the zoning changes are approved.  The Planning Department remains opposed.  The site’s current zoning would allow for the gas station itself, but does not include a convenience store – the single issue that Hess is seeking to override. 

Other groups have come out in opposition to the move, including the Long Island Gasoline Retailers Association and the Commack Community Association.  At the Thursday night meeting, 28 residents came forward during the “public comments” session to vent their concerns and opinions. 

“We are opposed to a station here,” said Commack resident and member of the Commack Community Association, Jeannette DiSalvito.  “Commack needs another convenience store like a hole in the head.”

“It’s not about the competition,” said Rudy Massa, the owner of the Gasoline Heaven station at 2088 Jericho Turnpike for more than 40 years.  “The reason that any gas retailer wants to expand to this size, of course, is that they want to maximize profit.  [But] the key factor here is safety … It’s a five-corner intersection and is a nightmare.  I have grandchildren that are of driving age and we’re all on this road everyday.  It could be very dangerous.”

At the Town Board meeting, Massa presented a petition with more than 1,800 signatures from the community opposing the Hess Express to the Town Board, hoping to demonstrate the overwhelming number of residents against the Hess construction.  Massa had been joined by a number of retailers in Commack in writing and circulating the petition, especially after customers would come into his station and express their own worries about Hess’ plans.  “Originally, the Town Board said to us that, because of safety concerns, [the construction] wasn’t going forward.  Now, a few years later, it’s back on the docket … I’ve had tremendous feedback from customers, expressing their concerns.”

Former New York Mets shortstop and Long Island Ducks co-owner Bud Harrelson also spoke of his concerns, claiming as a resident of Smithtown that the construction could pose serious safety issues.  “I’ve been here for 42 years and it is a dangerous and confusing cluster in that area,” said Harrelson.  “I’ve said it before – I really don’t think that a gas station is operable for this property.”

“I’ve heard the analysis of the traffic people saying 27 accidents is ‘minimal,’” said Commack resident Daniel O’Brien.  “Well, my son had an accident at that intersection when the Shell gas station was there – and the vehicle was totaled.  And if you think about making a left turn on Indian Head Road onto Jericho Turnpike, and you think about someone looking down at their gas gage and thinking, ‘Oops, I need gas,’ and he turns into that new station – that’s an accident looking to happen.”

Although Assemblyman Michael J. Fitzpatrick was unable to attend the meeting, he sent a personal letter to be read, siding with angry residents and voicing his own opposition to the Hess proposal.  “Please deny [the proposal] for reasons of safety,” Fitzpatrick’s statement to the Town Board read, citing the difference in size and style of the old Shell station his reason for concern.  Fitzpatrick’s letter was presented by Chief of Staff Kathleen Albrecht, who also took with podium to stress her own personal worries regarding the proposal.   “The reason that I wanted to get involved,” Fitzpatrick told Smithtown Matters, is that this is really a zoning issue.  You can’t use business competition as a relevant issue in this.  The problem, really, is that Route 25 is a state road and we’ve had six separate recent deaths along it … Because this is a five-corner intersection, safety is a major concern.”

Fitzpatrick continued, “Is [the Shell station] an eyesore?  Yes – that’s unanimous.  But that doesn’t mean that you can make a bad planning decision.”

Amid the overwhelming opposition, the owner of the property, Jacob Fayland, was also in attendance, defending his actions to work with Hess.  “When I bought this property, I was assured when I bought it – I went to the Building Department – that, yes, a gas station was there and I could restore it again,” said Fayland.  “That’s why, in 2004, I bought this property.  Since then, [with] three projects … nothing’s moved.  Even my mortgage states that I am allowed to put a gas station there.”

In response to Fayland’s statement, Supervisor Patrick Vecchio clarified that the debate in question was not in regards to a gas station’s actual construction but, rather, the zoning changes needed to accommodate a large-scale station including a convenience store.  “I just want to correct the record that the Building Department did not lead you astray,” remarked Vecchio, later adding, “[Hess’ representatives] will not impress me to change my vote or support my effort.  I have heard nothing hear to change my mind.  I will still hold that I will not support this application.”

As last night’s meeting was a Public Hearing, no vote on the matter was taken.  According to the town, an official vote on the Hess proposal can be expected on a future agenda in the coming months.

Additionally, plans to hear the Santilli Commercial Developers’ plans for a sports complex in Kings Park – originally scheduled for last night’s agenda – have been postponed.  Representatives of the mine’s owner, Santilli Commercial Developers, said they need more time to notify neighbors of the hearing.  They are expected to make their presentation in March.