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Court Upholds Tobay, Dismisses Suit Agreeing with the Town of Oyster Bay position that it has acted in accordance With all regulations governing solid waste disposal facilities, State Supreme Court Justice William Sullivan dismissed a suit seeking to stop the development of a sanitary landfill facility in Plainview. In -dismissing the action brought by the Tuxedo Hills Civic Association of Huntington and others, Justice Sullivan cited the fact that \the construction and operation of a garbage disposal facility is ... a legitimate governmental purpose.\ He pointed out that the regulating of such development was a duty given by the State Legislature to the Department of En- vironmental Conservation. Supporting the Town's claim that it has acted fully in ac- cordance with every requirement of | the State DEC, Justice Sullivan's decision stated: \Approval for the facility ... was obtained and there is no showing that the defendant (Oyster Bay Town) has violated any of the conditions of the permit issued to it or that it violated any ... rules and regulations in excavating and construction of such a facility.\ Justice Sullivan also took note of the fact that Town Supervisor John W. Burke in a letter of September 16,1976, \wrote to the Commissioner of the New York State Department of En- vironmental Conservation in- dicating that the Town supports a public hearing on the en- vironmental questions which have been raised ...\ Last month Supreme Court Justice David T. Gibbons dismissed a similar suit brought by the Town of Huntington against Oyster Bay. In that decision it was also noted that Oyster Bay wasn't \doing anything illegal or contrary to or in violation of the conditions of the permit issued by the Department of Environmental Conservation. \Both of these decisions were based on iacts concerning the Town's actions in planning this facility rather than on much of the misinformation that has caused this development to become an emotional issue,\ Burke noted. \I have no doubt that, by the time all the facts are fully explored and developed, those with the knowledge and responsibility for assuring the protection of the environment will also base the final decision on the facts. Certainly the Town will not use the Plainview facility for a sanitary landfill until and unless the facts show such a facility to be environmentally sound.\ Burke recalled that earlier this month the State DEC arranged a technical meeting for en- vironmental and health officials and engineers to review the preliminary information that has been developed up to this point by Town Consulting Engineers Lockwood, Kessler and Bartlett. \I understand that State DEC officials felt that this meeting did serve the purpose for which it was intended: to open up the planning of the facility to responsible officials and uncover all questions which they believe must be answered in the final plans,\ Burke said. \The Regional DEC Director, Don Middleton, indicated that the technical meetings will continue throughout the development of the final plans and will be called as is warranted by the development of more detailed information.\ Burke noted that he is very encouraged by the great efforts being made by all officials in attempting to assure the en- vironmental safety of this program. \Not only are Town and State engineers working on this, but water district and health environmental officials from both counties are now actively involved. The technology that will eventually become a part of this facility will probably serve as a model and set the requirements for future sanitary landfill development on Long Island.\ House Plants The Farmingdale Public Library, in conjunction with the Nassau County Extension Ser- vices, will provide another of its free programs for its community on Wednesday, November 3 at 8 p.m. at the South Branch Library. The topic of House Plants will be discussed. A representative from the County Extension Services will be available to conduct the program and answer, questions from the audience. All are invited to come take advantage of this in- formative session, Easing Delays Recognizing that there have been traffic delays since the recent installation of automatic gates at the Vajley Stream toll booths on Southern State Park- way, the Jones Beach State Park- way Authority initiated a system which virtually eliminates the delay situation. According to John G. Sheridan, general manager of the Parkway Authority, a former eastbound lane is now being utilized for westbound traffic during week- day rush hours (from ap- proximately 6 to 9:30 a.m., Monday through Friday). \This gives us a total of nine westbound lanes during the peak traffic period,\ said Sheridan. Modifications are currently underway to allow for a ninth eastbound lane during the evening rush hours. It is expected that this work will be completed within the next week. LEGAL NOTICE NOTICE OF PUBLIC HEARING BY THE BOARD OF APPEALS Pursuant to the provisions of Art. I - Div. 3, Section 67 of the Building Zone Ordinance, Notice is hereby given that the Board of Appeals will hold a Public Hearing in the Town Hall East Building Meeting Room, Audrey Avenue, Oyster Bay, New York, oh THURSDAY EVENING, NOVEMBER 4, 1976 at 8:00 p.m. to consider the following cases: FARMINGDALE: Z&3J88 - STEVEN D'lORIO: Variance to erect an addition to attached garage with less than the required side yard. W/s Oak St., 80 ft N/o Maple Ave. BY ORDER OF THE BOARD OF APPEALS Town of Oyster Bay Raymond H. Schoepflin, Chairman Robert Swenson, Secretary OYSTER BAY, NEW YORK OCTOBER 25, 1976 F. Post #4865 1/T 10-28-76 The Yumbo: Our hot number* ^a^^ipfi The Yumbo Our hot ham and cheese sandwich Try it for lunch. For dinner. For a change-of-pace snack. It's a taste treat for any appetite. What's more, you can order your Yumbo the regular way. Or, garnished Your Way. We start with a generous layer of tender sliced ham Add two slabs of melted cheese. And then wedge it all into a seeded, baked bun.Then it's prepared and served to you piping hot. Try a Yumbo soon. With the first delicious taste, you'll see why we call it our hot number. lY Buy one YUMBO*! hot ham and cheese sandwich and get an order of Large Fries FREE! Bring in this coupon Good only at: Burger King Corp. #869 Offer expires 171 ° Bfoad Hollow Rd - ^r Nov. 21, 1976 Farmingdale. N.Y. .11735 lease present before ordering. Void where prohibited by law. Limit one per customer. \ ; 1976 Burger King Corporation. YUMBO 4 is a registered trade- mark of Burger King corporation. RS2 £,1'>74 QtH'}iit t^tfuj G.>rpoMticm • Pitntud in U!>A
