SPACEtitle

Has anyone thought about the...

TRAFFIC?

Traffic Generators:

Walgreen's (under construction)
CVS and Provident Bank (under construction)
Hudson Grande 88-unit senior housing (Construction not yet begun)
Shop Rite (proposed)
Stop'N'Shop (existing)
HSBC Bank (existing)

Rumors of Shop Rite opening a store in Stony Point have generated a lot of discussion. Shoppers are thrilled with the prospect of good prices and wide choice; and town government pleased with the prospect of a new tax ratable, something desparately needed in Stony Point. Mirant is scheduled to close its last remaining boiler in April and they will likely demand a decrease in the taxes they pay. New tax-ratables are sorely needed. However, where this Shop Rite might go is a concern. The Industrial Zone location discussed is probably a bad idea - increased traffic at a stretch of road already compromised, and a former superfund pollution site make it less than desirable.

The story of how it was chosen is another sad chapter in Stony Point's long history of poor planning.

Back in 2006, Stony Point developer Patrick Magee came to the town board asking for a change in the permitted uses for the LI (Office & Light Industry) Zone, where he owns land. Evidently he felt it was easier to get this than to try and obtain Use Variances; something not likely to happen. The town board referred the question to the Planning Board. Long-time Planning Board member Tom Mcenamin reviewed the possible alternative uses from the list submitted by Magee. His criterion was that the use NOT generate a lot of traffic. He clearly recognized that the Filors Lane/ Route 9W intersection was already going to suffer from more traffic congestion with the approval and construction of the new Walgreen's and CVS drugstores; and new Provident Bank. These new businesses would add to the traffic generated by Stop'N'Shop and HSBC Bank already at that intersection. The rest of the board agreed and voted to accept Tom's proposals, as did the town board when it was submitted to them.

So, in one shot, Magee who had purchased the land knowing its limitations, increased the value of his land substantially by increasing the possible uses there. But this was evidently not enough, and Mr. Magee is a skillful political player.

In June of 2007, Planning Board Chairman Gurran Kane's term expired. Standard practice in Stony Point has been to re-appoint; especially if the person was doing a good job, as Mr. Kane was in most people's view. But, for some unknown reason, Supervisor Marino did nothing for a half a year, leaving Kane, who continued to show up and chair the Planning Board meetings , in Limbo.

After the November 2007 election, Councilman Cole-Hatchard sent a shocking email to some 1100 people blasting Kane for being an "obstructionist". Surprising, as Cole-Hatchard had never attended one of Kane's meetings, or had even spoken with him about concerns he might have had. Cole-Hatchard also announced that Shop Rite was interested in constructing a store on Kay-Fries drive, but was concerned that the Planning Board review process would take too long, Kane being the reason. Apparently embarrassed and disgusted by this blatantly political attempt to manipulate the planning process, Kane resigned.

It also became apparent at the November town board meeting that there was some sort of political deal between Cole-Hatchard and Marino. Cole-Hatchard, a Republican, nominated Democrat Luanne Konopko, who had just run unsuccessfully for the town board, to the spot vacated by Kane's resignation; and Marino reciprocated by appointing Republican spear-carrier Tom Gubitosa as Planning Board chairman. This political connivance left the Planning Board with only one (Tom McMenamin) member with proven capabilities (he is an engineer with the County; 10 years on the Planning Board); the rest being political appointees who basically just sit and watch at Planning Board meetings, rarely voicing any concerns.

At that same town board meeting, newly elected-county DA Tom Zugibe, attorney for Patrick Magee announced the application for a "Special Use Permit" for Shop Rite. Magee was listed on the application as the owner of the property. As the lease that could be negotiated with Shop Rite can be worth millions, Magee again stands to increase dramatically, the value of his original investment!

But, at what cost to the town?

As too often in the past, the town board again falls in lock-step behind a developer, having learned nothing from years of drainage problems stemming from poor - or nonexistent - planning practices. To date, there has been no comprehensive traffic plan generated by the town to deal with the surge of commercial construction at the Filors/9W interesection. Take a look at the map above; do you think it would be reasonable to anticipate traffic problems? If so, please contact a town board member!

Some town board members speechified at that November meeting about the need for good planning and for the appointment of qualified Planning Board members. Sadly, they appointed, yet again, someone who had never even attended a Planning Board meeting, or indicated any interest whatsoever in planning issues! Now, Ms. Konopko is a bright and enegetic woman, but it is likely to be a very long time until she is up to speed on the issues and has a good grasp of both Planning practices and the SEQRA process.

Magee's attorney Zugibe flatly stated that the applicant could build the supermarket with just the "Special Use Permit" that had been approved last year. However, state law dictates that the Special Use had to exist, and be in harmony with the surrounding area before it could be granted. As of right now, the Special Use category does not include a supermarket. Look at the table at the right, which is extracted from the town's zoning code. The uses added for Magee last year are in red. Also included here are some of the "Additional Use Requirements" that this structure would need variances from. This project cannot be built without the Special Use Permit (for a non-existing use) and at least two use variances. The folks at the town board front table just nodded...

Supervisor Marino has consistently refused to appoint and put to work an effective Master Plan committee open to public input as New York State requires. It would appear that the REAL Master Plan Committee is a consortium of builders, the building inspector, and possibly some politicians with personal interests in line with the developers.

We are not against Shop Rite coming to Stony Point, but it should be in a place researched and approved by a Master Plan Committee, not just plopped down someplace where a developer wants to maximize his profits. Whose side is Stony Point town government on?

(from) Table of General Use Requirements - LI District

Uses permitted By Right:

Conditional Uses by Planning Board

Uses by Special Permit by Town Board

Additional Use Requirements

1. Office buildings for business and professional use.

2. Industrial uses, which may include the manufacturing, fabricating, processing, converting, altering, assembling, testing or other handling of products.

3. Wholesale warehousing and distribution business.

4. Freight and truck transfer terminals.

5. Commercial recreation establishment, indoor use only.

6. Wireless communication facilities on existing radio, television, transmission towers, etc. as per town code.

7. Wireless communication facilities on existing buildings as per town code.

8. Wireless communication facilities on existing utility structures as per town code.

Same as RR No. 1 (outdoor facilities)

Outdoor recreation facilities/uses associated with a commercial recreation eastablishment. subject to town code.

1. Contractor's materials and storage yards subject to town code.

2. Wireless communication antenna tower and appurtenant structures.

3. Local convenience commercial uses.

4. Automobile and boat sales and service including auto body repair subject to town code.

5. Automoble washing facilities subject to town code.

6. Hotels and motels and restaurants accessory to hotels and motels.

7. On-site dry cleaning facilities.

8. Appliance and houshold equipment repair.

9. Automobile rental establishment.

10. Tire retail sales (with provisions for noice attenuance)

11. Power equipment sales and service including lawnmowers, snowmobiles, tractors , etc (with provisions for noice attenuance)

12. Printing, publishin and copy establishments.

13. Nursery and /or landscaping supply (retail and wholesale)

14. Buildin g supply (wholesale and retail) lumberyards.

15. Accessory retail sales or products assembled, processed or manufactured on site.

16. Research laboratories.

17. Vocational or trade schools.

18. Animal boarding facilities (kennels) animal shelters, animal hospitals, veterinarians, animal grooming and sales.

19. Catering halls, off-site catering, commercial bakeries and food preparation.

(first two are 1 & 3 from Office Zone)

1. Buffer areas equal to the respective required setback shall be provided between the proposed use and any residential district boundary, except that the Planning Board may reduce the buffer at the time of site development plan review to not less that 50 feet , where, owing to the topographic or other conditions or characteristics of proposed use, there will be no foreseeable interference with the use and enjoyment of residentially zoned properties.

2. The maximum extent or length of any building shall not exceed 66% of the lot width unless there shall be breaks or other separation to the structure to develop an open, uncrowded appearance on the lot.

3. No entrances or exits for any parking or loading area shall be located within 300 feet of any residential district nor shall be allowed egress on any road classified as a local road on the Official Map, other than an industrial service street approved by the Planning Board or in a planned industrial park. For freight and/or truck terminals, no part of the use and uses accessory thereto, including driveways, shall be closer that 500 feet to residential districts.