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Builder of Gas Station has no Intention of Following the Planning and Zoning Board Process
To the Editor:
For the past year, Joe Giachinta and County Line Equities have been building a new gas station at the corner of Routes 9 and 403 in Garrison. He was able to proceed at the site without requiring Planning Board approval, as he utilized part of the existing structure and was planning to maintain the original business purpose.
In order to build any additional structure, however, he is required to appear before both the Planning Board to approve the planned structure and the Zoning Board for a variance to the setbacks on both Routes 9 and 403.
At the beginning of October, the structure for the roof covering the gasoline pumps was begun without approval from either board. When I spoke to Building Inspector Tom Monroe, he indicated that a work stoppage order had been placed on Mr. Giachinta. When work continued, Mr. Monroe indicated that he had issued a summons to Mr. Giachinta that requires him to appear in court. Despite this summons, Mr. Giachinta continued to work on the roof structure throughout this past weekend.
This new gas station has raised a number of concerns that have seemingly gone unanswered over the past year. While the new building is attractive, replacing the eyesore that was previously there, many citizens were not aware that the plan was a new gas station. Mr. Giachinta quickly installed a "Welcome to Phillipstown" sign, benches and flagpoles to provide a positive image to his project.
He did obtain a wetlands permit to install his gasoline tanks, despite the fact that the previous gas station was apparently closed because of a gasoline leak that required a cleanup to the adjoining wetlands. His tanks remain uncovered, however, and it is our understanding that he still requires final approval from the D.E.C.
Another concern is the placement of the gas pumps and septic system. The previous gas station had a small number of pumps in the front. Mr. Giachinta has indicated that he plans to install eight pumps in the back, a move that should have required the permission of the Planning Board. Having checked with the Putnam County Health Department, no plan has been filed for installing septic. With the current layout, the only space for a septic system would be in the back, closer to the stream that feeds the Annsville watershed and within sixty feet of the water well on the adjoining property.
Supervisor Mazzuca and Mr. Monroe have indicated that there should be an opportunity to bring this to a public discussion when Mr. Giachinta appears before the Planning Board and Zoning Boards for the approval he needs to finish his project. Clearly, Mr. Giachinta has no intention of following this process. Instead, he will quickly complete his structure and worry about the consequences later, counting on the sympathy of the Boards to approve the structure that he built without their permission. If there is no due process, then what is the point of having town boards?
Tom Kelley and Liisa
McCloy-Kelley
Garrison
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