Special Use Permit Application for 62-61 Northern Boulevard
Summary: The East Norwich Civic Association has opposed the development proposal for a 24/7 gas station and convenience store, 7-11. The proposal for a special use permit, applied for by the Northern Boulevard Corporation, at this location or any other in the area at odds with Route 25A’s designation as a Historic and Scenic Corridor and Town of Oyster Bay Codes, and would undermine the mission of the Long Island North Shore Heritage Area Planning Commission Management Plan and adversely affect the character and quality of life along Route 25A.
Below are letters from the East Norwich Civic Association to the Oyster Bay Town Board, Oyster Bay Town Board minutes, and the Town of Oyster Bay Draft Decision Resolution.
Letter to the Oyster Bay Town Board on September 10, 2024:
Application of 62-61- By Northern Boulevard Corporation, for a Special Use Permit at 62-61 Northern Boulevard, East Norwich NY
This filed application, which is currently under review, seeks a 24hour/7 day operation of a gas station and convenience store at 62-61 Northern Boulevard (AKA Rte.25A) in East Norwich.
The East Norwich Civic Association opposes any 24/7 business operation at this location or anywhere along Route 25A east of Cedar Swamp Road (Rte. 107) to Suffolk County.
Route 25A has been designated a Historic and Scenic Corridor by the New York State Legislature since 1998 and is further supported by the Town of Oyster Bay Codes.
246 7.8, 246 5.5.17.6, 246 5.5.33, 2469.4.6, 2469.4.9, 2469.4.10, 2469.4.11, 2461.13, 246 9.4.4
By the mid-1970s, professional planners, politicians and local active residents had begun to focus on the inescapable reality that urban life was catching up. Increasingly, our voices of concern seemed to be coming into conflict.
Out of this swirling controversy, a consensus developed among elected officials, local activists, environmentalists, as well as business interests throughout Long Island's North Shore, that there was more that united us than divided us.
From this consensus Long Island North Shore Heritage Area Planning Commission was established and a Management Plan was developed.
The mission of the LINSHA Planning Commission is to preserve, protect, and enhance the cultural, historical and natural resources which define the North Shore, and to promote responsible economic development of the area compatible within the historical and natural environment.
On December 8, 2006, the Long Island North Shore Heritage Area (LINSHA) became a full-fledged member of the New York Heritage Area system, with the full acceptance and approval of The Management Plan.
By December 2006, 27 municipalities passed a Resolution in Support of the Management Plan. The Town of Oyster Bay was prominently recognized as a major supporter.
Central to the Management Plan is the consideration and protection of the "Scenic and Historic Route 25A Corridor" as stated on Page 112 of the Management Plan:
"The larger issue that exists is the protection of the designated Historic and Scenic Route 25A Corridor. Among the land and water routes that link together the places of the heritage of the North Shore of Long Island perhaps none is as prominent as the Scenic and Historic Route 25A Corridor, as evidenced by the establishment of the Culper Spy Trail. The future of this road has been a matter of immediate concern for many stakeholders and stakeholder groups along the historic road."
The Corridor Management Plan process can help build support for the eventual nomination of the road as a New York State Scenic Byway, National Scenic Byway and All-American Road.
The East Norwich Civic Association has unanimously voted to oppose a 24/7 operation as it would undermine the Mission of the LINSHA Management Plan and adversely affect the character and quality of life along Route 25A.
HEARING - P-9-24 to consider the application of 62-61 Northern Boulevard Corporation ("Applicant") For a Special Use Permit at 62-61 Northern Boulevard, East Norwich. (the "Site")
Dear Supervisor Saladino and Members of the Town Board:
The purpose of this letter is to oppose the Applicant's request for a variance to operate a 24 hour/day - 7 day/week convenience store with fuel sales (the "Proposed Use") at the Site.
The Proposed Use violates multiple provisions of Chapter 246 of the Town of Oyster Bay
Code (the "Zoning Code") and the proposed relief is excessive in that it violates the purposes and intent of the Zoning Code.
The East Norwich Civic Association voted unanimously to oppose the variance sought for the following reasons:
Prohibition of motor vehicle fuel sales between 10:30 p.m. and 6:30 a.m. at the Site (Section 5.5.17.6 of Zoning Code): In addition to granting the Town of Oyster Bay the power to restrict hours of operation of motor vehicle fuel sales due to proximity to residential areas, Section 5.5.17.6 of the Zoning Code prohibits the operation of motor vehicle fuel sales between the hours of 10:30 p.m. and 6:30 a.m. at the Site (only those establishments with frontage on North Hempstead Turnpike (a/k/a Northern Blvd) west of Cedar Swamp Road may operate between the hours of 10:30 p.m. and 6:30 a.m.).
Prohibition of commercial uses abutting or within 100 foot radius of residential districts between 11:00 p.m. and 6:00 a.m. (Section 5.5.33 of the Zoning Code):
Section 5.5.33 of the Zoning Code, prohibits operations for the Proposed Use at the Site between the hours of 11:00 p.m. and 6:00 a.m. as the Site both abuts a residence district and is within a 100 foot radius of a residence district (the hours of operation of any establishment located in a nonresidence district which either abuts a residence district or is located within a 100 foot radius of any residence district must be limited to the hours of 6:00 a.m. to 11:00 p.m.)Violation of the purpose and intent of the Zoning Code (Sections 1.5 and 1.8 of Zoning Code): The relief sought by Applicant is in clear violation of the purpose and intent of the Zoning Code as set forth in Sections 1.5 and 1.8.'
a. A 24/7 operation is in conflict with the character of East Norwich, where businesses other than a handful of fine dining restaurants close before 9:00 p.m.
b. A 24/7 operation will likely diminish residential property values in the neighborhood.
c. The Proposed Use threatens the safety of residents and the circulation of traffic, in particular through the residential neighborhood filled with children on the south-west corner of Northern Boulevard and Route 106 (the
"Southwest Residential Neighborhood") which neighborhood is already used as a cut-through for many motorists to avoid the stoplights at the intersection of Northern Boulevard and Route 106 (the "25A/106 Intersection“) and as a thoroughfare to the businesses adjacent to the Site.The Site is within an approximately 17 mile stretch of Northern Boulevard where there are no businesses open 24 hours and operation for the Proposed Use is expected to have a significant impact on neighboring residences: If the Applicant is granted the right to use the Site for the Proposed Use, the Site will be the only business along the approximately 17 mile stretch of Northern Boulevard between Glen Cove Road in Greenvale and Laurel Road in Northport that is open 24 hours a day. Not only is 24/7 operation of a commercial establishment clearly prohibited by the Zoning Code, Section 7.8 of the Zoning Code gives the Town of Oyster Bay broad authority to establish reasonable limitations on the hours of operation of any nonresidence in order to implement the intent of the Zoning Code when such use is of a nature or location that could reasonably be expected to have a significant impact on neighboring residences at unreasonable hours of the day. The operation of the Site for the Proposed Use is expected to significantly impact the neighboring residences by drawing increased traffic to an otherwise quiet neighborhood (especially the Southwest Residential Neighborhood) as it will be the only 24/7 business open along a 17 mile stretch of a major thoroughfare.
Threat to life and safety of residents: The quiet, wide and relatively straight stretches of both Northern Boulevard adjacent to the Site and Route 106(900 feet east of the Site) attract motorists that drive through both roads at extremely high rates of speed, either alone or in groups later in the evening. Adding a 24/7 operation adjacent to the 25A/106 Intersection, especially when the closest 24 hour convenience stores and gas stations are 12 miles to the east and 5.8 miles to the west has the potential of creating a destination for motorists to congregate and engage in this dangerous behavior with potentially devastating consequences to the life and safety of our residents.
The Proposed Use does not comply with various standards for the issuance of special use permits set forth in Section 9 of the Zoning Code: Pursuant to Section 9 of the Zoning Code, all special uses must comply with various standards, including those listed below. The Proposed Use does not comply with the requirements of Sections 94.1, 9.4.3, 9.4.6, 9.4.9 or 9.4.11 of the Zoning Code' for the following reasons:
a. The nature and intensity of the proposed 24/7 operations are not in keeping with the character of the district in which the Site is located (where most businesses close before 9:00 p.m.) or consistent with the purposes and intent of the Zoning Code (as stated in item 3 above). b. The Proposed Use, in particular, the operation of a 24/7 convenience store and gas station in the middle of an approximately 17 mile stretch of a major thoroughfare (where excessive speeding in the evening hours is already rampant) with no other 24/7 operation is likely to create a hazard to life, limb or property because it is likely to promote the undue concentration or assemblage of persons at the Site.
c. The expected impacts of the proposed 24/7 nature of the operations are out of line with the impacts of the commercial uses permitted without a special use permit and the expected impacts will be more objectionable to nearby properties, in particular those in the Southwest Residential Neighborhood, as the proposed use will increase traffic through such neighborhood.
d. The 24/7 nature of the Proposed Use is expected to create both vehicular and pedestrian safety hazards at and adjacent to the 25/106 Intersection by creating a destination during evening and early morning hours, a time when excessive speeding is already rampant, because there are no other businesses open for 5.8 miles to the west and 12.8 miles to the east 24 hours a day.
e. The general traffic volume generated by the Proposed Use during peak, off-peak, overnight, and weekend hours, will greatly impact the Southwest Residential Neighborhood (which is already used as a cut-through to both avoid the 25A/106 intersection and as a thoroughfare to the businesses adjacent to the Site) by increasing traffic through such neighborhood and creating safety hazards.
Allowing this variance would pave the way for similar additional variances which will in turn decimate the character of our hamlet, have a negative impact on property values, and put the life and safety of our residents at risk.
We kindly request that the Board deny this variance and appreciate your thoughtful consideration of this matter.
Section 1.5: "To regulate for each district the uses for which structures may be erected, altered or occupied, and for which land may be used, in consideration of...the character of the district...the preservation of property values...the pattern of building development and the protection of the public health, safety and general welfare."
Section 1.8: "To promote the most beneficial relationship between the use of structures and land and the circulation of traffic throughout the town, having particular regard to the avoidance of congestion in the streets and to the provision of safe and convenient vehicular and pedestrian traffic movements..."
Section 9.4.1: "The proposed location and size of the special permit use, the nature and intensity of the operations involved in it or conducted in connection with it,...the character of the district in which it is located... the location of the site with respect to streets giving access to it shall be such that it will be in harmony, both visually and otherwise, with the appropriate and orderly development of other properties in the area in which it is located... and consistent with the purposes and intent of this chapter."
Section 9.4.3: "The proposed special permit use, including its design and location on the site, will not create a hazard to life, limb or property because of ...or by the undue concentration or assemblage of persons within such or upon such property."
Section 9.4.6: "Operations in connection with any special permit use shall not be more objectionable to nearby properties by reason of noise, traffic, fumes, vibration or other characteristics than would be the operations and impacts of permitted uses not requiring a special use permit in that zoning district."
Section 9.4.9: "Traffic flow to and from the site and the operation of street intersections at peak weekday, weekend and appropriate seasonal traffic hours in the vicinity of the site....shall be such that the special permit use shall not create nor increase any vehicular or pedestrian safety hazard...at any such street intersection."
Section 9.4.11: Traffic access shall be designed so that local roadways through residential neighborhoods are not impacted by the diversion of traffic from more congested main roadways as a result of the proposed access design and the additional traffic volume generated by the proposed special permit use, including trips generated during off-peak nighttime and/or weekend hours.
Town of Oyster Bay Town Board Regular Meeting, December 10, 2024 Minutes
NOTE:
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HEARING - FINANCE
To consider the application from the Locust Valley Water District for the issuance of serial bonds for improvements to said district. (M.D. 11/5/24 25)
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PERSONNEL RESOLUTION NO. P-18-2024, P-1-2025
Resolutions pertaining to personnel of various departments within the Town of Oyster Bay.
TRANSFER OF FUNDS RESOLUTION NO. TF-17-2024
Resolution pertaining to Transfer of Funds within various department accounts for the Year 2024.
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RESOLUTION NO. 902 - 2024
Resolution authorizing membership in the listed Chamber of Commerce and Business Associations for the period January 1, 2025 through December 31, 2025. Account No. TWN A 1989 47900 000 0000. (M.D. 11/12/24 #11)
RESOLUTION NO. 903 - 2024
Resolution authorizing the Comptroller's Office to make any necessary transfer of funds or closing entries for the 2024 accounting books as of December 11, 2024, so that they accurately reflect the transactions conducted by the various Town Departments. (M.D. 11/12/24 #13)
RESOLUTION NO. 953 - 2024
Resolution authorizing award of Construction Contract No. DPW22-241, Hicksville Downtown Revitalization, Walkability and Beautification. Account No. TWN A 1989 48940 538 0000 and IGA CD 8689 27000 537 CDRI. (M.D. 11/26/24 #29 & 12/3/24 #20)
RESOLUTION NO. 954 - 2024
Resolution authorizing award of the Contract for Ice Rink Management Consultant at the Town of Oyster Bay Ice Skating Center for the period January 1, 2025 through December 31, 2028 with two (2), four (4) year extension options and for the Supervisor, or his designee, to execute said Contract. (M.D. 11/26/24 #9 & 12/3/24 #21)
RESOLUTION NO. 955A - 2024
Resolution/Order pertaining to the decision on the application from the Locust Valley Water District for the issuance of serial bonds for improvements to said district. Hearing held: December 10, 2024. (M.D.11/5/24 #25)
RESOLUTION NO. 955B - 2024
Resolution authorizing the issuance of serial bonds for Improvements to the Locust Valley Water District. Hearing held: December 10, 2024. (M.D. 11/5/24 #25)
RESOLUTION NO. 956 - 2024
Resolution pertaining to the decision on the application of 62-61 Northern Boulevard Corporation, fee owner, for a Special Use Permit at premises located at 62-61 Northern Boulevard, East Norwich. Hearing held: September 10, 2024 (M.D. 9/10/24 #6)
