A meeting with Baffled Lawyers & Chelsea Farm project is back from the dead

The September 4, 2004 Planning Board meeting had zombie like elements...perhaps aligning with the change in seasons.

First was a Public Hearing regarding the request to subdivide property at Smithtown Road and Cedar Hill Road. Since the property spans the town line between Fishkill and Wappinger the conversation has gotten confusing in the past, however this discussion went smoothly, with the replacement septic plan in place and a driveway graded to prevent runoff. There were no public comments during the public hearing and the board approved having the planner draft a resolution which the board will vote on during their next session.

Next up ... Joey Estates Project which has emerged as Conservation Corners Subdivision (the name changes to this project is in itself a thing of wonderment) caused tangled conversations. So first, is that the board noted that what was being presented to them (63 multi-family units + 3 single family homes on 139 acres in Cedar Hill) was different than what was presented to the town board. Not clear if this is an issue or not. Several members of the board wanted to go into "executive session" which was strenously objected to by a board member who said there is no legitimate reason to go into "executive session" -- that the discussions should be held in public. Then the private session was characterized as "attorney/client" session -- and again the board member said there was no reason for that. But the majority of the board voted... the board member who objected stayed in this seat (A Profile in Courage .... .the Wappinger Boards... all of them stretch the definitions/appropriateness of executive sessions much too liberally). The Board then took about 45 minutes to talk "among themselves with the professionals - legal, planning & engineering) and came back to basically say they weren't sure of the next steps. The applicant's lawyer, the redoubtable Ken Stenger, then suggested that the Zoning Code under which they are proposing this applicant is not clear re: how projects should proceed. The Planning Board's Lawyer agreed -- apparently the result of the private conferece which was held outside of public view.

Since this is the lawyer/applicant who had successfully sued the town board in the past (because of NOT adhering to the Open Meetings law when they changed code -- which would affect this project) ...it is understandable that the board was tiptoeing around this -- but it is really ironic that their way to deal with this, was to go into a private executive session.

Mr. Stenger said that part of the dilemma is that the Town Board has made it clear that they are not interested in connecting the project to the town water line, but that a plan to put in wells would not be entertained by the Health Department until there was a plan to connect to the town water line. Mr. Stenger suggested, that with the board's approval, he meet with the Planning Board attorney and try to sort out what the statue said (by the way... there is a pattern of previous Town Attorneys writing really convoluted code that defy logic and known use of the English Language -- can we give them a writing test before hiring them? and will we have to live with their horrors for many years to come?). The Board agreed with Mr. Stenger's proposition.... and on we go, with no one knowing the next step, an unclear plan of what is being proposed, and who is in charge of the SEQR process.

Kimmel Subdivision - at 325 Pine Ridge Drive - where 5 lots on 13.5 acres had been previously approved requested 2 90 day extensions to finalize easement agreements. This will extend the approvals through March 1, 2025. The Board approved.

Chelsea Farm Subdivision -- At County Route 92 and North River Road - which had been left for dead because the Planning Board members had previously expressed outrage at the number of extensions that had been granted (the original approval was granted in 2014) -- and had grudgingly agreed to an extension to allow trees to be replanted on the moonscape created earlier this year -- but apparently didn't properly express these opinions in a vote - and the lawyer representing the owner has been in front of the planning board with hat in hand asking for extensions to enable the sale of the property for months.... Is Now Back from the Dead. A Buyer has been found! A Buyer who has asked for a bunch of extensions for another project in town -- on Meyers Corners Road. The contract has not been signed yet, the new buyer said he would use the plans approved 9 years ago (17 lots on the 186.8 acres) ... and that tree planting will begin this month (the logistics of this are a bit confusing). The board readily approved the request for extension - despite concerns expressed in earlier meetings that the world has changed in the years between original approval and our current world. Let's see how this process goes.

The Sikh Temple project -- which has gone back and forth between a plan for a 13,500 Square foot building to a 20,000 sf building at Old Hopewell Road & All Angels Hill Road, in this iteration of their request are back to the 20,000 square foot plan and have requested a extension for their application until May 2025. The board approved.

There was a discussion about the ability of the board to put limits on the number of extensions granted, before a new site plan has to be reviewed and approved. The Chair stated that the board is not in a position to put limits on the numer of extensions, implying that is up to the Town Board.

The Engineer then explained that the DEP Water Project has requested permission to blast on the weekends... 800 feet below ground -- the blasting is required to connect the two sides of the new pipeline -- which will require shutting down the supply of water to the city for some period of time -- so it is imperitive that the project move along as quickly as possible during months of lower water usage. The Engineer and Planning Board Chair, from their oversight both in their town roles and as neighbors of the project with the ability to see it from their backyards, determined that there would no impact on the neighbors.