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If You Will Permit Me
Dear Editor:
At this particular moment, one of the focuses of the Philipstown Citizens' Alliance (www.philipstowncitizensalliance.net) is the gas station at Rts 9/403. Supporters of the gas station accuse this group of being "antibusiness." Nothing could be further from the truth.
The PCA supports both the Town and the Comprehensive Plan, and wants to see our Zoning and Planning processes work for the entire community. Members were galvanized over the gas station because the developers - Joe Giachinta and 3 non-resident partners - have nearly completed their building but applied for no permits, no variances, and ignored 3 months' worth of stop work orders. Should they get away with it, it will set a frightening precedent.
A number of business community members have rushed to Mr Giachinta's defense, saying the ZBA will be "vindictive" unless they now grant the variances. Mr Giachinta defends himself by saying his grandfather lived here and that he is creating a beautification project (replacing an overgrown corner of a small community with an enormous, unpermitted 12-pump gas station/convenience store.) Supporters accuse the adjoining neighbors of ignoring the "buyer beware" rule; however, the neighbors were fully aware that a replacement gas station could be built - just not a huge, unpermitted one.
Speaking of buyer beware, some of Mr Giachinta's construction occurred next to a protected stream without permits, even though, as a former member of our CAC, he was aware he needed them; he built without obtaining variances, even though, as a former member of the Planning Board, he was aware he needed them, too. As a matter of fact, when Cat Rock Realty presented a plan in 2000 to rebuild the same gas station with minimal changes, Mr Giachinta was a member of the PB that told them they would need variances in order to do so. Perhaps he was aware that during that same year Manjit Kaur Raju, who owned what is now Garrison Market, asked to erect a small free-standing canopy over his two fuel pumps, and was denied permission by the ZBA.
Also under "buyer beware" should have been the fact that only a few years ago the Warex Company, who owns the service station on 9D, sent representative John Klein to inquire about erecting a small canopy over their two fuel pumps. Mr Klein recently told me that he spoke to two people at Town Hall and was told that he would need variances, the process would be lengthy, and probably not end in his favor; he declined to apply for the variances.
Supporters may defend Mr Giachinta's right to break the law, but residents are hoping the ZBA and PB will not. DEC is currently investigating Mr Giachinta, which may make it difficult for the PB to declare that the project has "no negative impacts" on the environment. I urge residents to attend the March 27 PB meeting to see what kind of advice our new Engineering/Planning firm will give the Board on this project.
Suzie Gilbert
Garrison
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