The Pine Plains Zoning Board of Appeals (ZBA) has postponed until next month a decision on the proposed expansion of the Stewart’s convenience store on South Main Street.
Meeting at the town hall on March 28, the ZBA heard additional details about the Stewart’s expansion plans, but agreed a decision on the requested variance would need to wait until county planners had weighed in.
At issue are current zoning regulations stipulating that convenience stores with gas station facilities should be set back no more than 25 feet from the road.

The current Stewart’s building, which is set back more than 100 feet, was built before zoning laws were adopted in Pine Plains in 2009. The 25-foot regulation is meant to create a pedestrian-friendly business district and, in the case of Stewart’s, to visually encourage drivers to slow down as they enter the town from state Route 82 and the speed limit drops from 55 to 35 mph. Stewart’s, however, is now asking the ZBA for a variance that would allow it to move even further back, to just over 150 feet, and to build a new, larger, store.
A representative for Stewart’s, Marcus Andrews, has said the plans would allow large delivery vehicles greater ease turning off the road and onto the property, adding that the new plans would include more parking space for trucks and a separate delivery entrance at the back of the building.
Stewart’s intends to build a new store directly behind the existing store, which would then be demolished. The gas pumps would also be moved and upgraded, a step that Andrews says would disrupt gas services for a month.
Several ZBA members appeared to support the variance request. (Board member Carl Baden, whose landscaping company, Emerald Green, does work for Stewart’s, said he would recuse himself from the decision.)
Scott Chase, the ZBA chairman, said the Dutchess County Planning Department has until April 1 to submit comments on the proposal, thus postponing a final decision until the board’s next meeting on April 27.
Once the ZBA makes its decision, the project must then be approved by the town’s planning board, a process that may take two to three months.
The March 28 meeting also considered a request by the solar power company Carson Power, which aims to build a solar field on a parcel of Pine Plains farm and woodland.
Carson Power asked the ZBA to make an exception to current zoning laws stipulating that fences should reach a maximum of 6 feet. The variance sought would allow for a 7-foot fence, the size required by national electrical facility regulations.
ZBA members stated that they would be willing to issue the variance, but no action was taken because the solar proposal is subject to a coordinated review, and any approval by the ZBA must await a determination by the town planning board. Having heard no comments from residents on the fencing variance, the ZBA also concluded any further public hearings on the issue.
The ZBA did unanimously agree to grant a variance to resident Peter Hansen that will allow him to construct a workshop on his Route 83 property that is slightly taller than what is currently allowed by the town zoning law. By allowing an extra 6 feet of height, the new building’s roof slope will be similar to that of Hansen’s nearby house.
Despite being a public meeting, few people attended the session and no public comments were made. Chase, the ZBA chair, read aloud from a letter from J. M. Elliot, a property owner on Bean River Road, objecting to the Carson Power solar project.
The Zoning Board of Appeals meets on the fourth Tuesday of each month at 7:30 p.m. at the Pine Plains Town Hall.
