On April 8, 2015, the Town Board of the Town of Pawling adopted Amendments to Code Chapter 215,
Zoning, as set forth in Local Law No. 1 of 2015 regarding gas filling stations, commercial garages and
convenience stores. Amendments to Code section 215‐28 will regulate how these uses are developed on
sites where they are already permitted by existing zoning. The local law does not involve changes to the
uses permitted in the HB district, as gasoline filling stations, commercial garages and retail (food,
grocery and general merchandise) stores are permitted uses in the HB zone. Changes to the
supplementary requirements and standards for these uses would more clearly define their layout and
add standards for screening, landscaping and development near the community’s historic and scenic
resources. Refer to the adopted local law on the Town’s website at:

LOCAL LAW No. 1 of 2015

Amendments to the Code of the Town of Pawling

Chapter 215 Zoning

RE: Gas Filling Stations, Commercial Garages and Convenience Stores

Adopted: April 8, 2015

NOTE: The zoning law text below is from the Code of the Town of Pawling; and is shown as the
adopted, amended text without any highlighting. Please refer to the highlighted version of this local
law, which shows proposed amended text and text to be deleted, as needed.  
Chapter 215. Zoning

1. Article II, entitled Definitions, Section 215‐3 Definitions shall be revised to include the following new
and revised terms and definitions, inserted in the proper order in this section, to read as set forth below.
The remainder of section 215‐3 shall remain as currently set forth in the code:
Article II. Definitions.

§ 215‐3. Definitions.

COMMERCIAL GARAGES ‐ A commercial establishment, in which motor vehicles are repaired, serviced.  
Such establishment may or may not be part of a Gasoline Filling Station/Convenience store.
GASOLINE FILLING STATION/CONVENIENCE STORE ‐ Commercial garages and a gas station with
commercial stores located on the premises for the sale of petroleum products, gas, diesel and any other
products associated with the vehicle industry are with the retail of usual allowed convenience store
items, such as food staples and household items over the counter. Only over the counter service is

Article IV. District Regulations

§ 215‐15. Permitted uses.

#. The Schedule of Permitted Uses, for the HB (Highway Business) zoning district, referenced in Article IV
District Regulations, section 215‐15 Permitted Uses, shall be amended to add the following uses to the
schedule’s column listing Principal Uses:

 ‐ Commercial garages; and
 ‐ Gasoline filling station/convenience store.  
#. Article V Supplementary Regulations shall be revised and renumbered to include the following revised
supplemental requirements for Gas Filling Stations, Commercial Garages and Convenience Stores
(revised section 215‐28); and to add a new set of  supplemental requirements for Commercial Garages
(new section 215‐28.1) as set forth below:

Article V. Supplementary Regulations.

§ 215‐28. Gasoline filling stations, commercial garages and convenience stores.

A. In no case shall a commercial garage and/or gasoline filling station be located nearer than 3,000
feet to any existing gasoline filling station/convenience store or any site previously approved for
such use and not as yet terminated as provided in this chapter. The distance shall be measured
between the nearest two points located any place on the property boundaries fronting on NYS
Route 22 on each parcel in question. The north and south bound lanes of Route 22 should be
measured separately.

B. A multi‐business operation must have a common entrance, whether or not the businesses have
more than one owner.

C. Pumps, lubricating and other dispensing devices, except air pumps, shall be located at least 50
feet from any adjoining lot line or street right‐of‐way.

D. All motor fuel, oil or similar substances shall be stored at least 50 feet distant from any adjoining
lot line or street right‐of‐way. In addition, all motor fuel shall be stored underground and in
conformity with the latest edition of the Uniform Fire Prevention and Building Code.

E. Premises shall not be used for the display of automobiles, trailers, mobile homes, boats or other
vehicles, unless specifically permitted by Planning Board site plan approval.

F. Outside displays and retail items on sidewalks and travel ways must be restricted to specific
display locations.

G. Ensure site layout and design, including landscaping, that complies with the supplementary
regulations in this Chapter for Landscaping; and development in the Highway business (HB)
zoning district; and creates a green way along the Route 22 corridor and proper landscape
screening for the premises, if applicable.

H.   Premises shall not be constructed and/or approved within 700 feet of a historic site, church,
school or hospital, or at a site and with a design that would significantly impact a scenic
I. Commercial garage/gas filling station/convenience stores not connected to commercial garages
and gas filling stations should not be constructed and/or approved near a historic site or scenic
J. A special use permit is required for commercial garages/gasoline filling stations/convenience
stores if they include tables for food and drink consumption.

K. All applications for any entity covered by this provision must receive site plan approval from the
Planning Board.
§215‐28.1 Commercial Garages
In addition to all rules and regulations under §215‐28, Commercial Garages shall be subject to the
A. Premises shall not be used for the display of automobiles, trailers, motor homes, boats or other
vehicles unless specifically permitted by the Planning Board site plan approval.

B. Insofar as possible all repair work will be performed indoors.

C. All automobiles parts, dismantled vehicles and similar articles shall be stored within a building.

D. No inoperative motor vehicle shall be kept on the premises for longer than 30 days.

Author: Harlem Valley News