By Ashley M. Casey

Staff Writer

After pulling its application for a zone change last month, Rerob LLC and Kelly-Tobin Development returned to the Clay Town Board on June 19 for a public hearing on their plan to build an Express Mart on the corner of Route 31 and Lawton Road.

Citizens in the town of Clay, many of whom opposed the initial application, continued to speak out against the idea of a gas station in the neighborhood, citing noise pollution and traffic issues among their concerns.

Supervisor Damian Ulatowski said Express Mart’s new application for a zone change from HC-1 Highway Commercial to LuC-1 Limited use for Gasoline Services and NC-1 Neighborhood Commercial was nearly identical to the previous proposal, except for the addition of a special permit request for a drive-thru.

Resident John Conboy presented the town board with a petition protesting the potential gas station signed by 301 residents.

Conboy said the gas station would generate a lot of noise and would be unsightly. They challenged the developers’ idea that landscaping berms would block the sounds and sights from the gas station.

“A lot of the houses on Bingley [Lane] here have raised decks because a lot of them have walk-out basements, so that’s not really going to block anything from the view,” Conboy said.

Resident Henry Chung said the gas station would not only increase noise pollution, but Express Mart’s plan for a full ingress/egress would complicate traffic on Route 31.

“The current traffic on 31 cannot handle, for example, if a truck and trailer needs to make a [left] turn, they have to go across the double yellow line,” Chung said.

Doug Beachel, business development manager for Express Mart, said the state department of transportation could repaint the lines on Route 31 to direct traffic properly.

Resident Yvonne Arnold said she and other homeowners in the area paid a premium for bigger lots before development such as Express Mart had been proposed.

“Had I known when they were selling me this lot … that the zoning could have changed to allow a car wash,” Arnold said, she may have made a different decision.

Arnold said residents could hear a car wash at 80 decibels with their doors open and 45 decibels with their doors closed. She said the 24-hour schedule of the proposed Express Mart would disrupt the sleep schedules of babies, night shift workers and other residents.

“Do we have any quiet hours?” said Arnold, asking the board if the town had a maximum decibel limit for such operations.

Town Clerk Jill Hageman-Clark said that regulation would be in the town code, and Supervisor Damian Ulatowski said he would look into the matter.

Arnold also questioned whether the value of neighboring properties would decrease with a gas station in the area. Assessor Bob Bick said “there is no evidence that shows either way” the effect on property value.

Other residents had environmental concerns. Dave Arnold and Jill Welsh asked if the developers would test the land and water for chemicals. Town Engineer Ron DeTota said developers would comply with EPA standards but added, “There is no active monitoring that I’m aware of.”

Ulatowski assured residents that their voices would be heard, adding that he had a “thick file” of people’s comments from the previous public hearing, as well as the June 19 hearing.

“I don’t know all the answers, but I will get them,” Ulatowski said of residents’ remaining questions.

“The plan that is being presented right now has so many holes,” Chung said. “There are so many questions there is not even a plan anymore.”

Ulatowski said public hearings help the town and developers “fill those holes in to get a complete picture” of projects.

The Express Mart project heads to the planning board, which was scheduled to meet at 7:30 p.m. Wednesday, July 12.