Hess Commack - The Public Spoke Against- Town Council Members Did It Anyway

Hess Gas Station Approved for Jericho Turnpike

Amid concerns from residents and local officials, Town Board approves controversial zoning change 3-2

By Chad Kushins

To the chagrin of many residents and local officials, at last week’s regular meeting of the Smithtown Town Board, Hess Corporation received its approval to build a gas station and convenience store on the corner of Jericho Turnpike and Harned Road in Commack.  

The decision to green-light the controversial zone change from “Whole Service Industry” to “Neighborhood Business” to accommodate Hess Corporation’s plans to build a 12-pump Hess Express in Commack was voted 3-2 at the March 22^nd meeting.   Supervisor Patrick Vecchio, keeping his previous promise to remain against the zoning change and construction, was joined by Councilman Ed Wehrheim in voting down Hess’ approval.  Fellow Town Board members Robert Creighton, Kevin Malloy, and Tom McCarthy voted for Hess.

“I voted for it and my opinion is that it’s a good thing,” Creighton told Smithtown Matters.  “There was controversy and there was more than a fair share of communication between the Town, the residents, and with Hess … But it will be a big benefit to the neighborhood and it was a good application by the Hess corporation.”

In opposition, Councilman Wehrheim stated, “As it’s well-known, I was opposed to the Hess station as far back as 2009.  With the application now, I hadn’t seen that anything had really changed enough to change my own opinions.”

According to Wehrheim, he had been holding out hope that if his colleagues voted down the application again, the town could pursue a less controversial future use of the property; in the past, companies TD Bank, Walgreen’s, and other chains had expressed their own interest in the property, yet nothing came of those inquires.  “I was holding out to see what would come of other inquiries about the spot,” continued, Wehrheim.  “But basically, nothing happened.”

Wehrheim added, “However, I respect my fellow council members and their opinion.  Fundamentally, that’s how government works.”

Smithtown’s elected officials had voted down a similar application from Hess in 2009 due to traffic and safety concerns, with the Supervisor against its approval even then.  

The proposed plan calls for the former Shell gas station building at the intersection of Jericho Turnpike and Harned Road to be reconfigured into a 1,230 square-foot convenience store and gas station.  As part of the company’s plans, 12 gas pumps are to be installed, eight more than the previous Shell station’s four pumps.  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 decision comes following the February 23^rd regular meeting of the Town Board, which saw an unprecedented outpouring of community members speak against the gas company’s proposal.  That meeting, which saw 28 residents step forward to address the Town Board members and speak out against the Hess approval, ran for nearly three hours, culminating in widespread local media coverage and a grassroots campaign to keep the construction from taking place.  

Rudy Massa, the owner of the Gasoline Heaven station at 2088 Jericho Turnpike for more than 40 years, presented a petition which included the signatures of more than 1,800 local residents and storeowners who were against the Town’s approval.  

“The reason that any gas retailer wants to expand to this size, of course, is that they want to maximize profit,” Massa initially told Smithtown Matters.  “[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.”

Of last week’s Town Board approval, Massa commented, “Justice wasn’t served.  The community spoke, but [the Town Board] simply didn’t listen.”

Massa continued, “I would like to commend Supervisor Vecchio and Councilman Wehrheim, however, for understanding our safety concerns … In general, we may need a change in Town Board.”

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.”

One outspoken critic of the Hess proposal is Assemblyman Michael J. Fitzpatrick who, though unable to attend the February 22^nd meeting, sent a personal letter to be read.  “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. 

“The reason that I wanted to get involved,” Fitzpatrick initially 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.”

Hess Corporation is next expected to present their construction plans to the Smithtown Planning and Community Development Department to determine if any variances would be needed.  Pending that meeting, construction would be allowed to go forward with the Town’s approval.