At the August 1 Board of Zoning Appeals (BZA) meeting in Thomaston, the controversial hearing regarding the introduction of a BP-Amoco station, accompanied by a 24-hour BP Connect retail facility, to the 655 Northern Boulevard location, was continued. An influx of BP Products North America, Inc. representatives and passionate residents spoke in turn supporting and opposing the issue, respectively.

The applicant's attorney, Michael Sahn, of Sahn & Ward, Garden City, introduced the continued presenters, beginning with Robert Eschbacher, of Eschbacher Engineering, to offer his knowledge on traffic analysis. Presenting his traffic engineering evaluation, Mr. Eschbacher explained what impact the major changes to the current facility, including the expansion of the convenience mart and number of fuel positions, would have on the flow of traffic along Northern Boulevard. He explained that since 85 percent of cars driving during the peak hours of the morning and early evening commute are described as "passerby" traffic, the number of commuters would essentially increase by very little.

Mr. Eschbacher continued to explain that while "the volume and utilization of pump island traffic will increase, these cars, again, are already in transit on Northern Boulevard and Summer Street." The proposed curb-cuts and driveways, furthermore, "are where the state wants them and has determined to be a proper location." By retaining the cuts on Summer Street, "conflicts will be minimized with the Northern Boulevard driveways." The changes in islands, combined with these layout changes, will allow for more easy on-site circulation.

Unease was raised by Board members over the attraction of the site solely based on the BP Connect retail facility, but according to pass-by studies, Mr. Eschbacher consoled that only 20 percent of customers are solely visiting the store, while 50 percent are refueling their vehicles, and 30 percent are utilizing both services.

Mr. Eschbacher provided statistics that less than 1,000 cars pass the station on weekday evenings from 8 to 9 p.m., and approximately 400 from 10 to 11 p.m., supporting the 24-hour nature of the proposed facility. He was met by opposition from BZA attorney J. Rochford who claimed that "Thomaston is a bedroom community; therefore any traffic after 6 p.m. is a concern." Mr. Eschbacher reaffirmed that since the BP Connect retail facility is small, it is not a destination location and will therefore not increase the net flow of traffic.

BZA member David Goodman questioned the adequacy of the on-site parking, to which Mr. Eschbacher answered that the 16 spots will exceed the code requirement of a retail facility of this size by 60 percent. BZA member Rona Levy wanted to know "if any studies were done concerning the closest food stores to the station" but Mr. Eschbacher reminded the Board that since this will be an auto-oriented facility people will not travel to the site for supermarket items that can be offered much more plentifully and in more variety elsewhere. Mr. Sahn added that if an office building were constructed on the location, as a destination location, traffic would increase greatly.

Robert Marks, president of Goodman/Marks Associates, Mineola, spoke next as a real estate appraiser. He first addressed previous Board questions by notifying the fully packed village hall that a King Kullen is going to be built on Northern Boulevard off Shelter Rock Road, where there is currently a Filene's Basement, to replace the Waldbaum's that was at the Americana Shopping Center. He added that there are gas stations with small convenience facilities on the corner of Lakeville Road and Northern Boulevard, and the Seven Seas Diner close-by, taking the attraction spotlight off the BP-Amoco complex.

The main motivation behind the new proposal is that the current facility "does not provide a reasonable rate of return," as described by Mr. Marks, and neither would the allowed uses of a bus-passenger shelter, newspaper office, office building, medical building, bank, secretarial/business school or a public facility. BP-Amoco seeks a use-variance to build a station that will be "harmonious to this location and in character with the neighborhood."

Mr. Marks stresses that the application "meets the criteria for an area-variance and a use-variance, and the proposed use is not hazardous by reason of excessive traffic." Although the zoning laws were changed in 1985, the Sunoco gas station has serviced the community for over 40 years, and he points out that there are other non-conforming users on the north side of Northern Boulevard, in the facility's direct line.

Mr. Lombardo followed, representing BP-Amoco, prepared to make adjustments addressing the community's most loud-voiced concern of alcohol sales. "We are prepared to shut down beer sales from midnight to 6 a.m.," he said, but would not make the concession of cutting out liquor sales entirely.

Rona Levy questioned the necessity of the BP Connect Program's green and yellow color-scheme and asked if the architectural review board could offer a more aesthetically pleasing design. Designer Chris Tartaglia, with Bohler Engineering, introduced new options of a stone face or brick treatment for the building, and a hip roof over a flat surface.

Mr. Rochford repeatedly mentioned that he had specifically requested a financial study with figures supporting the unreasonable rate of return at the current facility on the July 2 hearing. However, the applicant neglected to provide this information.

Continued worry over the sensitive nature of alcohol sales was answered by Mr. Sahn who explained that while you can purchase alcohol on the premises, it cannot be consumed in either the store or in the parking lot, as declared by the state liquor authority. "The business plan of Amoco doesn't allow consumption to take place," he said solidly.

The residents' attorney, Stewart Stein, of Garden City, hired by Richard and Susan Einhorn who live directly behind the property, spoke next, insisting that "a self-created hardship" accompanies the new facility along the lines of "traffic, litter, noise and lights." Mr. Stein noted that "the proposed use is too intense for this property" and wonders, "can't their benefits be sought by some other method?"

The applicant stresses the notion of convenience, and Mr. Eschbacher assured that there will be a "fast turnover of customers," staying no more than five minutes in the BP Connect store. Mr. Stein retaliated that due to the nature of the sit-down café, the parking will in fact not be adequate and will indefinitely spill over onto Arbor Street and surrounding residential areas. "The applicant hasn't met the burden of proof to establish use or area-variances," he continued emphatically. "Convenience," Mr. Stein stressed in conclusion, "should not be the goal of Thomaston. Our concern is for the genuine needs of the community and the well-being of the village residents."

Following an uproarious applause, residents stood and spoke passionately against the passing of the application. Familiar issues were turned over, including raising the potential for drunk driving by selling alcohol to someone who intends to then get into a vehicle, noise from the 24-hour facility, debris, and excess parking on the streets.

Irving Kasarsky raised the point that Summer Street is a fire street. Patrick McGrath, chief of the Manhasset-Lakeville Fire Department, later confirmed that the fire station on Prospect Street indeed relies on Summer Street as a significant artery to Northern Boulevard to attend to emergencies swiftly and unhindered. Mr. Kasarsky also wanted to know "is beer such an important part of the economics - will it be sold in such great quantity - that its sale cannot be eliminated?"

Gary Goldstein raised the point that "the only non-conforming users in the district have been grandfathered in," and John Loughlin and Mayor Bob Stern expressed anxiety over "off-premise consumption."

Despite the length and abundance of issues discussed, the applicant still has reports and data to offer by the request of Board members and attorney J. Rochford, and the hearing was again adjourned until the next meeting on Thursday, September 5, at 8 p.m.