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Tim Shea

Ted Sklar, a neighbor of the Northville property raises concerns over proposed development at the April 29 meeting. Photo by Mallie Jane Kim
Gas company is planning to develop its East Setauket property

By Mallie Jane Kim 

Residents expressed grave concerns about Northville Industries’ plans to develop its East Setauket fuel tank farm at a sometimes rowdy April 29 public gathering in Ward Melville High School’s auditorium.

About 200 people attended, with several shouting out and heckling during Northville’s initial presentation, which company lawyer Tim Shea had to end prematurely to allow attendees to speak.

“We’re here to listen to everybody,” Shea said, referring to a controversial proposed driveway on Upper Sheep Pasture Road. “If everybody here says no curb cut on Sheep Pasture and the [Town of Brookhaven] agrees, it’ll be no curb cut on Sheep Pasture.”

Throughout the two-and-a-half hour meeting, which Northville hosted to see if residents prefer a within-zoning plan for large warehouses or a townhouse-style multifamily rental community that would require rezoning, Shea reiterated the company would be willing to listen and compromise — and he certainly got an earful.

Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook), who was present as an observer at the meeting alongside town Supervisor Dan Panico (R), has been clear about his opposition to multifamily residences near the tanks, but Northville representatives indicated they hoped the meeting would inspire residents to petition councilmembers to approve rezoning. They also pointed out their plan has residences set back from the tanks a distance in keeping with legal requirements.

“Industrial is our highest and best use that we’re permitted to do,” said Steve Ripp, CEO of NIC Holding Corp, which owns Northville. “Multifamily is what we feel is the highest and best use in general, but would require community support to really request that.”

The answer was a resounding “neither” from most attendees, some of whom had specific concerns about impact on traffic, safety and the environment, while others expressed deep suspicion of the company’s trustworthiness. 

“These people have not been good neighbors,” accused one woman who said she has spent most of her life living close enough to see the tanks from her home and worried about the impact on property values. “You’re not only taking our finances away but you’re taking away the ability for us to even enjoy our homes,” she said, suggesting the light, sound, air and noise pollution would ruin her ability to garden in peace in her backyard. 

“You’ve been a thorn in this community’s side for over 50 years,” she added.

Northville’s rationale

The company’s plans to develop come with an eye toward the future and diversifying revenue streams, according to Ripp, who mentioned moves toward electrification of home heating and car engines could mean the eventual phasing out of fossil fuels.

“Obviously that’s going to have a significant impact, and our business is going to decline,” Ripp said, estimating the tanks would be phased out in about 30 years. “It would be a bad situation for Suffolk County to lose its only gasoline delivery point before the population is ready.”

He indicated the proposed industrial development could bring an estimated $600,000 in property tax to the community, while the residential project could bring about $1.5 million — with the caveat that either project may win a deferred tax relief benefit. 

Ripp did not shy away from discussing the leak of 1.2 million gallons over a decade from a fuel storage tank in the 1980s, which roiled the surrounding neighborhood for years.

“Since that time, Northville has moved — in the last 35 years — tens of billions of gallons through our facilities with no operational mishaps to speak of,” he said, mentioning the company stayed open to supply fuel during Hurricane Sandy and that it hosts New York State’s strategic fuel reserve.

A subsequent search of New York State’s spill incidents database turned up seven spills on Belle Mead Road from 1998 through 2019, four of which specifically name Northville. The database does not include details, such as how big those spills were.

In a phone call, Ripp clarified that Northville must report spills as small as a gallon, so that number of minor spills over 25 years actually reinforces his assertion.”

At the meeting, he also touted Northville’s philanthropic giving and said the company doesn’t do enough to counterbalance its poor reputation in the community by sharing its good deeds.

Several attendees who spoke publicly, and those who shouted out from the audience, didn’t buy it.

“Thank you for pointing out how generous Northville Industries is, how environmentally conscious you are,” cracked one speaker, who identified himself as a business professor who has lived in the neighborhood adjacent to Northville for 27 years. He worried that if the company received a new zoning designation, they’d wind up developing the entire property, and called for the community to fight the proposals at Town Hall. “Otherwise, Northville Industries will make your life miserable,” he said.

While a couple of speakers suggested they’d prefer housing over warehouses if they had to choose, other attendees suggested the company put in a solar farm, find a way to contribute more taxes so residents could have relief, or create a philanthropic foundation to form additional greenway space on the property. The most popular suggestion was for a government entity to purchase the property to prevent development, but the price of such a move would be high, and Ripp indicated the Town of Brookhaven has not expressed an appetite for it.

Englebright calls for environmental study

One particularly hot topic for the crowd was the accusation that Northville is trying to avoid a complete environmental impact study — something lawyer Shea acknowledged Northville didn’t believe was required in this case.

As the crowd grew increasingly frustrated and passionate, Suffolk County Legislator Steve Englebright (D- Setauket), who has a long history of environmental action in state and county government, stepped up to the mic. He empathized with commenters and made clear his position that the project should trigger an environmental study with the town.

“Seven hundred trucks? Housing next to explosive liquids and vapors?” he said, to applause. “This is a critical groundwater area.”

Englebright also questioned the motives behind the meeting altogether.

“There is every likelihood that this is an initiative to scare the hell out of you to get their way on an alternative that they do not have an as of right for,” he said, and indicated he would continue watching the Northville situation.

Late in the meeting, one speaker acknowledged that Northville is a company that exists to make money, which is normal in American society, but made a call for the company to live up to its claim of being a good neighbor by listening to the concerns expressed throughout the night. 

“At the end of the day, everybody from Amazon to the guy that sells Ralph’s ice cream in Port Jeff needs to make money,” he said. “Come back to the community at some point saying, ‘We heard you.’ Come back and be a good neighbor.”

Proposed site plan. Photo courtesy R+M Engineering

By Mallie Jane Kim

South Setauket may see three mega-warehouses with 77 loading stalls for tractor trailers, if a site plan by Northville Industries goes through. The petroleum storage and distribution company sent a letter to neighbors explaining the plan and inviting comment at a public meeting in the Centereach Holiday Inn Express set for Monday, March 25.

“This is an area that’s underserved for warehouse uses,” Northville’s lawyer Tim Shea said. “Most of the warehouses are by the freeway or on the South Shore.”

But that’s not the only plan on the table.

Shea indicated the company would also present the option of multifamily housing: “We had discussed the alternative of doing multifamily, and we plan to offer that alternative to the neighbors at that meeting.” 

Town board approval required

The property, bordered by Upper Sheep Pasture Road and Belle Mead Road, is zoned for industrial use, and that zoning would need to be changed to add an apartment complex or townhome community, for example. 

But that suggestion has already faced pushback at the town level.

Brookhaven Councilmember Jonathan Kornreich (D-Stony Brook) acknowledged Northville had approached him about rezoning for multifamily homes, something he is against. “I told them it’s not an appropriate site next to the gas tanks, and in the middle of this other neighborhood,” he said.

Shea contends any multifamily housing would meet setback requirements from the tanks, adding that he’s familiar with other areas of the country that have housing similarly situated near tanks like the ones in Setauket.

Kornreich, who deals closely with land use and zoning issues in his role on the town council, said he has seen developers in other situations use a “carrot and stick” method to rally community support: Asking for what they truly want but, in the face of resistance, offering something that might sound worse but is within their rights to build. Kornreich said he’d be curious to see if that is the strategy in this case. 

“Sometimes communities are given a false choice,” he said.

The potential “false choice” in this case is a proposed addition of a driveway onto Upper Sheep Pasture Road, where traffic is already tricky and not built for large trucks. At issue is a stipulation in a zoning lawsuit settlement from the 1990s, which contains a stipulation that, according to Shea, permits Northville to add a driveway north onto Sheep Pasture Road. According to Kornreich, the town’s legal department disagrees. 

In any case, Northville would still need town board approval. Kornreich said he would oppose a site plan if it includes that driveway, and he sees no reason his councilmember colleagues would break with him on this issue. 

“It would be extremely unlikely for them to override a decision in my district, especially over something as small as the position of a driveway,” he said, pointing to the respect among current board members.

Local reaction

George Hoffman, one of the Three Village Civic Association leaders who attended meetings between Kornreich and Northville, expressed grave concerns about adding that driveway on Upper Sheep Pasture. “It really jams up — it’s not a good corner,” Hoffman said. “This could be one of those last-mile warehouses where you have those trucks coming in and out, and the quality of life for people who live on those streets is really going to be impacted.”

Shea said Northville does not have a contract in place for use of the proposed warehouses, so it’s not decided who the final user would be and what the warehouses would be used for. 

He added that Northville sent its notification letter even more broadly than required by town code out of a desire to interact with the neighbors, and indicated the company has heard the concerns about a northern driveway. “When we did our traffic analysis,” he said, “it came out that having the entrance on Sheep Pasture Road would actually lessen the impact on traffic to the area, rather than pushing everything to Belle Mead Road.”

But Hoffman, who is also a water quality advocate and has raised concerns about Northville in the past, wishes the gas company would be more willing to work with community representatives, especially in light of its environmental record. In 1988, Northville revealed it had suffered a slow gas leak of about 1.2 million gallons of gasoline into the ground at the Setauket property, which, according to news articles at the time, led to years of remediation, $25 million in damages and repairs and a $7.2 million settlement with homeowners who said their property values had declined in the aftermath of the spill.

“They have a terrible environmental history,” Hoffman said. “Why do they want to be so confrontational to the community and to the town?”

For his part, Kornreich does not see a problem with new warehouses per se, as long as trucks are not funneled onto the residential Sheep Pasture Road. He said warehouses are within Northville’s industrial zoning rights, and they could help diversify the area’s economy while providing good-paying jobs. 

“You’ve got to have some industrial space around, and that’s the space for it,” Kornreich said. “You’re not cutting down trees, and it’s on land that’s not being used for anything else.”

Traffic disruption is only one of the concerns for nearby residents, though. Gillian Maser, who lives nearby on Upper Sheep Pasture Road and within sight distance of the large gas tanks, said she is also concerned about the environmental impact and noise pollution in a relatively quiet, family community. 

“I’m trying to stay as objective as possible, but there are definitely some red flags on this one,” Maser said. “With 77 tractor trailer bays, there could be a lot of noise in the middle of the night, with trucks loading and unloading.”

Maser said she and her husband are hoping to attend the March 25 meeting.