Petition for the Relief of Illegal Parking and the Affront to the Route 9G Scenic Corridor in Rhinebeck & Red Hook, Dutchess County, New York sign now

We the undersigned, as residents of the Forest Park Community in Red Hook, N.Y., and residents of the towns of Red Hook, Rhinebeck, and good citizens everywhere sympathetic to the homeowners under assault recognize that the intersection of Kalina Drive and Route 9G at the edge of Forest Park has become, and continues to become more and more an eyesore and an intrusion to quality of life. Over the past several years, the amount of vehicular traffic that enters the community and either idles or parks at the intersection has steadily increased. On occasion at very late hours or early morning hours the commotion from loud voices, loud music, loud exhausts, the clanking of bottles & cans from disposing garbage in the stores dumpster or onto the ground awakens the residents and is unnerving. At all times after the vehicles depart, garbage is left behind. The area contains empty oil cans, automotive fluids of all kinds, alcoholic & soft drink containers, discarded fast food containers, partially eaten food, personal sanitary items(diapers, feminine napkins, q-tips, a condom), automotive tires & rims, and even clothing & large metal household objects. Naturally, the loose wrappers are not confined to the area and are wind-blown throughout the community, left for the corner residents to pick up. The zoning enforcement officer wrote a letter which states, and I quote, "Please be advised that I find the Zoning Laws of the Town of Rhinebeck do not contain any measures that will alleviate the conditions that you contend to exist.", although at least a dozen photographs were submitted, and the zoning enforcement officer lives in the development and drives by the locations on a daily basis.

The unofficial parking lot & parking is in violation of a number of Zoning Laws of the Town of Rhinebeck the zoning enforcement officer ignores, just some of which appear below.
1) No application was ever made by the property owner, no fees ever paid to the Town, nor any consultation of any kind ever made by the property owner totally ignoring Town Law and bypassing the Planning Board & Zoning Board of Appeals. No review ever done by interested agencies; neighboring townships, NYSDEC, county planning, highway dept.
2)There was never a Site Plan Review before the Planning Board as prescribed on page 96, Section VII whereby the Zoning Enforcement Officer refers the applicant to the Planning Board in accordance with Town Law and the specific design standards, especially where the law states, 7. Alterations will occur in principal site elements, including but not limited to the location, number and configuration of parking spaces.
3)No Sketch Plan Conference, pg 98 A., between the property owner and Planning Board was ever held to review the basic site design concept, especially as it pertains to section VII.C and the complementary Standards adopted by the Town Board and considered an integral part of this Local Law.
4)Application for Site Plan Approval, B., with proper sketches, maps, and all other required material was never formally submitted to the Planning Board.
5)No consideration given to Site Plan Design Criteria, Section C. pg 100,1b. consideration should be given to the use of and layouts which are evidence of the distinctive historical development of the area and, in particular, of any specially designated or recognized scenic and historic district. The Rt 9G corridor is a scenic corridor and the gateway to the community from the Kingston/Rhinecliff Bridge. Section 3, Relationship of site to Adjoining Area, a. Site plans proposed for non-residential uses adjacent to a residential district shall be reviewed with regard to the impact of the development on that district. Sect. 4, Landscape and Site Treatment, bparking spacesshall provide an inviting appearance. Sect. 10, Vehicular Traffic, a. All entrance & exit driveways shall be located with due consideration for traffic flow, so as to afford maximum safetyand meet all current design standards of State, County or Town authority, unless specifically waived or modified by that authority.
6)Design Standards found on pg 138, A design manual adopted by the Town Board in June 99 so as to complement the Plan Design Criteria and specifically dealing with parking & parking spaces These design standards were never reviewed, planned or given any consideration.
7) Development, Any activity other than normal agricultural, conservation or forest mgmt activity which materially affects the existing condition of land including but not limited to a. removal trees or other natural cover, b. deposit of earth or other fill(gravel has been deposited), d. dumping or parking of any object.
8)Design standards for Off-Street Parking Spaces have never been followed. The Parking Space Standards appear on pg 21 and outline very specific requirements.
9) A total disregard for recommendations outlined in the Zoning Law; Dutchess County Smart Planning Concept, Greenway Compact, Scenic Corridor, Master Plan.

As residents of the Forest Park Community, we feel that this unnecessary traffic and parking detracts from enjoying our homes, and also has a negative impact on our community and homes. This negative impact is also consistent with N.Y. State Law that defines a nuisance as, A public nuisance consists of conduct or omissions which offend, interfere with or cause damage to the public or endanger or injure the property or comfort of a number of persons.

In the Town Law Manual, under the section Town Legislation, sub section Ordinances, topic Area of Town Board Ordinance Authority, sub topic Other Subject Areas is stated the following text:

"The Vehicle and Traffic Law provides for the enactment by town boards of certain specified traffic regulation ordinances, including parking meters, authorizing angle parking, prohibiting, restricting or limiting stopping, standing or parking of vehicles, designating safety zones, regulating traffic at shopping centers, etc. ( See Vehicle and Traffic Law, SS1660, 1660-a. )"

Therefore it is clearly within the Town Boards power and authority to take appropriate corrective action to eliminate the onerous hardship caused by the commercial use of this private property for unrestricted & unregulated parking as outlined above. Moreover, as the petition clearly shows it is in the power and authority of the Zoning Enforcement Officer to enforce the Towns Zoning Laws, and address the many violations cited. This said, we the undersigned formally request that the property owner be informed of the violations and measures be taken to eliminate immediately parking now and in the future at the Pitcher property on the corner of Rt 9G & Kalina Drive and the north & south sides of Kalina Drive.

Sincerely yours,

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Reva FrenchBy:
Entertainment and MediaIn:
Petition target:
Rhinebeck ZBA & Town Board


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