PETITION AGAINST PROPOSED DEVELOPMENT OF PROPERTY   

located on NYS Rt 52, east of intersection of Ludingtonville Road in the

IOC (Industrial-Office-Commercial) zoning district in the Town of Kent (Tax Parcel No. 12-1-52)

 

We the undersigned concerned Kent residents and neighbors of the Route 52 Kent Country Square LLC owned property on NYS Rt 52, east of intersection of Ludingtonville Road, are opposed to:

development of a truck/rest stop, truck wash, repair/service station with fueling and tire shop
forthcoming petition for zoning amendment changing zoning law to allow five story construction
We respectfully oppose the above not because we are anti-growth but because we are enthusiastic supporters of smart, planned development. Our most compelling reasons include: 

Impact on Groundwater

Water supply demand exceeding safe & sustainable withdrawal capacity rate of local groundwater supply or aquifer
Wastewater discharge to groundwater
Bulk storage of petroleum or chemical products over groundwater or aquifer
Commercial application of pesticides within 100 feet of potable drinking water
Mining to depth of 180 feet and construction effects on our water table

 

Impact on Transportation

Massive traffic increase at Rt 52/Ludingtonville exchange, which is already high during peak commuter times
Per 2008 Master Plan: 2004 data for Average Annual Daily Traffic (AADT) -  59,858 vehicles at the Rt 52 exit on I84; Rt 52 carries nearly as much traffic as the Taconic on a roadway which is only a two lane arterial 
Insufficient road infrastructure - intersection simply cannot handle the dramatic increase in truck traffic that Rt 52 will incur - too narrow, would require turning lanes, notably limiting traffic flow
Added truck traffic on Rt 52 corridor between exits 58 (17) and 61 (18) will exceed the capacity of existing road network
Need to widen portions of road may result in use of eminent domain of private properties 
Residential neighborhoods surrounding the property will witness a dramatic increase in traffic in an already heavily congested area, which will lead to more accidents, injuries, and fatalities

 

Inconsistencies with Master Plan and Community Character

Deviates from Kent's primary planning issues to preserve rural character, protect natural features, and strengthen the established settlement pattern
Differs/sharply contrasts with current surrounding land use patterns
Conflicts with zoning regulations (specifically requiring a zoning amendment for increased building height)
Change in the density of development is not supported by existing infrastructure
Demands additional community services (fire, police)
Located in an area characterized by low density development that will require new public or central infrastructure
May induce secondary development impacts not included in the development project
Inconsistent with predominant architectural scale and character (specifically requiring a zoning amendment for increased building height)
Inconsistent with character of the existing natural landscape
Inappropriate use of large scale development would be surrounded by residential properties and within 1,500 feet of two schools
To date, no hard numbers on how the development will affect Kent's bottom line taxes

 

No Circumstance to Justifying Rezoning

Nothing in the area has changed to render it in the public interest to warrant rezoning of the parcel
Quite simply, this rezoning is unnecessary to encourage the development of the subject property
A 5-Story hotel is inappropriate – without exception, there are no Kent commercial buildings that exceed 3 stories; the reason is simple – such buildings have no place in our town
This is not small scale development meant to infill unused or underutilized parcels, this is large scale commercial development that is inappropriate for this location
Changes to zoning regulations can be far reaching and must be based on critical analysis and a shared vision of the town’s desired future character
Spot zoning for development of this parcel is inappropriate
"Spot zoning" is when comparable properties nearby are zoned differently, but the applicants are receiving a favorable zoning classification because they asked, or because they are being favored
"Spot zoning" by definition, seeks only to benefit a single property owner or at the expense of the community as a whole
"Spot zoning" is an abuse of the power delegated by the state to its municipalities; it is an infringement of the property rights of the many as against a privileged few; it has therefore been declared arbitrary, discriminatory, or unreasonable

 

Unneeded Truck Stop in Kent  
Existing Truck Stop Locations:

I-84 Exit 6, 239 Route 17K, Newburgh NY - 110 truck parking spaces , 7 diesel lanes, showers, restaurant, internet , laundry, scales, ATM, Western Union, check cashing, game room, FedEx, UPS
I-84, between Exits 17 and 16,  East Fishkill, Dutchess County -  18 truck parking spaces, restrooms, pay telephones, vending machines
I-84 Danbury eastbound past Exit 2, open 24/7 for truckers to take federally mandated breaks, overnight parking allowed, restrooms

 

 

 Kent Neighborhood Residents Do Not Support this Project

Neighbors most impacted by the project are against it 
Lack of genuine neighborhood engagement – apart from appearances at Planning Board Meetings the property owner/developer has held no meetings at which they gathered feedback from the community 
Neighbors seek dialogue with the developer on both the proposed rezoning and the proposed use of the property
Residents are willing to work with the developer to create a plan acceptable to all of the parties involved