Fairness & Setting Expectations -- Really important

The June 17th Town of Wappinger Planning Board demonstrated the importance of ensuring fairness in interpreting Zoning Code and explaining the requirements in a clear, easily understood way and not using insider jargon with people whose expertise is NOT the Town of Wappinger Building Code. However, it is disappointing to see property owners beholden to professionals - those they hire and those being paid by the town - being given information in dribs and drabs -- costing them time and money while the "experts" continue to qualify their statements ... and clearly do not always do their homework in preparation for the meetings.

Two members of the Planning Board were not in attendance at this meeting.

First up on the agenda was the Suben, LLC Subdivision - where the applicant would like to subdivide 3.1 acres at the Corner of New Hackensack Road and Widmer Road. There are wetlands in the area and neighboring properties have been subjected to flooding in the past, so of course there is concern on what impact any building might have on neighboring properties. This project has been discussed for months, with the applicant having hired a professional engineer to help with their application. At this meeting, based on information provided at previous meetings, the Town Planner had prepared a draft resolution - with the expectation that both the town and the applicant would approve the draft resolution. The Town Code states that the applicant is to proved a Wetlands Report as part of the submission. Through a whole lot of discussion, it was determined that the engineer had filed an wetlands application the Friday before the Board's Monday meeting, but that a report was not included in the submission. It seemed that most everyone was ready to go along with having just the application filed, when a Planning Board Member who clearly does his homework objected -- saying, he could not approve a resolution, without knowing the results of the wetland report - because there may be items of concern in the report or the need for additional conditions to be placed on the approval. Hmmm, oh yea.... maybe we should have all of the facts before we go ahead. But -- what is doubling irritating, is that the town code clearly says that the wetland report needs to be part of the submission package. The applicant's engineer (I'm assuming the engineering firm is getting paid a hefty amount) somehow didn't think that was necessary... and the Town's professional staff didn't blink... and the board was ready to roll along. How did it even get on the agenda without a complete submission? This is for a project that the flooding issues have been repeatadly discussed! and the process has just been pushed out -- as if time and money were no object.

Next up - was a request to amend a site plan for Al's Auto Repair - Amended Site Plan to have a town truck and impound lot at 60 Middlebush Road, replacing a truck rental business. At the last meeting where this was discussed, the application was advised that if an overlay from his previous site plan was done, showing the changes that he wanted to make, that would be sufficient and a brand new survey (which originally had cost tens of thousands of dollars in the 1990s) would not be required. So, the applicant -- who is not an engineer or a planner, took them at their word... and drew where a new fence would be placed on the property....well, it probably wasn't the most elegant thing... but the shock and horror "this can't be signed and certified by the planning board chairman" -- because .. and then came the listings of all the things that are required on a plan -- taking comments from the county, the town planner and town engineer into consideration -- that the plan needs to show a current "as-is" state... including additional parking spaces that seem to have been added since 1997 (of course no one thought to stop by the site and check that out) with a new paving job, the lighting plan, the screening plan, the landscape plan, notes about how leaking fluids/ etc. from wrecked vehicles will be handled , size of tow trucks to be parked, turning radii indicated -- things that an engineer is supposed to know -- but were never articulated to the applicant when it was suggested he can "just provide an overlay". So tempers were not boiling over, but were running hot -- and of course there was concern mentioned that other towing businesses don't seem to have run this kind of gauntlet. And the question of "if I go through all of this, will this project get approved?" Which is a great business question, was never answered.

Conceptual Plans.

So, (backstory - the reason the tow truck business needs to move, is because the property at 752 Sgt. Palmateer where it is currently housed is being sold) Summit Bobcat Equipment Dealership - currently located in Walden NY - is considering expanding their presence more formally into Dutchess County and is looking at the 752 Sgt. Palmateer location as a possible site. The main business - sales, service, parts, showroom etc. would still be located in Walden but the applicant wanted to have a discussion with the Planning Board to understand the possibilities. First up, was a concern that the way the property is currently situated, and mowed to the edge of wetlands, it may appear that the property is larger than it actually is (.46 acres) -- and that because of the wetlands and required buffer, any space behind the building can't be used. The applicant had presented a package to the board which included photos of their Walden location and there was some concern that the applicant was trying to replicate that (which is on 5 acres) -- lots of assurances that was not the case... that a lot of their sales etc happens in the field, at construction sites -- But yes, their business is Sales, Service, Rental and Sales of Parts. They anticipate 5 employees at the Dutchess County site - that Sales and Service for large equipment would be done in Walden. So a long discussion about which part of the the Town's Zoning Code would apply to the project - more thinking, discerning on both sides required.

Then... in a spectacular example of homework NOT done by the Town's Building Department, the current owners of property at 1597 Route 376 are in the process of renovating the site to include more office space. They have all the required building permits and are continuing with the project.... however -- there will be new occupants of the property, using the property in the SAME EXACT MANNER. So three business people on the applicant side, the town professionals, the town planning board, and of course a few members of the public were treated to "oh, you weren't planning to add external storage?" "No Ma,am... the same use - parking trucks, I just wanted to ensure that everyone knew that there would be a change in occupant". "Oh" --

Someone then helpfully mentioned that there be a motion to approve a "change in occupant" .... then the hero of the Planning Board ... said "what? what are we approving? an approval isn't required" and that idea was quickly dropped (no need to set a silly precedent here). A business like, focused conversation with the applicant.. who was under no obligation to tell the town about the change in occupancy... to understand the extent of the change was all that was required by someone in the building department. Putting it on a Planning Board agenda should have never been considered or required...a waste of everyone's resources.

Then harking back to our pre-colonial days, was a request to subdivide property at Smithtown Road and Cedar Hill Road --into two residential lots. The difficulty is that most of the property is in the Town of Fishkill, with some piece of the property in the Town of Wappinger. The details between town lots, tax parcels, lot lines, town lines are too gruesome to relate (see the video if you are compelled to understand) -- but basically the planning board was ok with the request, but suggested that the applicant check with the Board of Health given that a well is involved.

An extension to the subdivision application for 271 All Angels Hill Road through January 9 2025 was approved.