New Projects Reviewed at Planning Board... and Judge Rosa made a ruling re: Downey v. TOW Lawsuit

The February 5 Planning Board Meeting began with a vote to approve the resolution which approved an amended site plan for CubeSmart at 169 Myers Corners Road allowing the storage of Recreation Vehicles on the site.

The agenda then moved to discussion items including:

DC Sports Renovation at 1630 Route 9 - this is an amended site plan which would remove the current bumper boat pool and install 3-story outdoor ropes course. currently no new lighting is planned, and the applicant explained that he does not plan to have the ropes course open at night. He also explained the emergency vehicle access routes as well as the safety features of the ropes course, including special locks for harnesses and the storage of ladders when the course is not open. The Fire prevention board needs to review and they will be meeting next Tuesday. The Planning Board asked for some updates to the site plan and will be scheduling a public hearing in the near future.

Village Crest Apartments at 510 Maloney Road - the owners of the apartments want to move the laundry facilities from the basement areas to two new buildings that in addition to including laundry facilities will have some basic gym/exercise equipment so that residents can exercise while they are waiting for wash/dry cycles. The Planning Board discussed whether there would be any additional water usage requirements - and the engineer representing the applicant said no, but would check with the Board of Health to see if they have any concerns. Two small birch trees will be removed during the renovation - and as part of the renovation 4 parking spots will be removed, but 7 new parking spots will be added - those details and a parking plan were requested by the Town Planner. The Planning Board waived the requirement for a public hearing. A draft resolution of approval will be prepared by the Planner and reviewed at the March 18 planning board meeting.

Tyburczy, Hundley & Carpenter Lot Line Realignment - in the hamlet of Chelsea. Two neighbors would like to realign their lot lines - involving less than .144 acres. The only issue discussed was that a current shed on the property is 35 feet away from the proposed new lot line, and the planning board advised that by moving the lot line so that it is 40 feet away from the shed - the homeowner would not have to request a zoning variance. The Homeowner will ask the surveyor to redraw the map, update the amount of acres involved in the transaction and the Town engineer asked that the septic and leach fields be indicated on the map to ensure that those facilities remaining on the respective homeowners' properties.

A Conceptual review of a proposed change at 561-563 Old State Road.

There are currently 2 buildings on the property - a 1 family 2 story residential building and a retail building. The applicant would like to convert the retail building into a small apartment and a small office. There is a private shared well and is connected to Town Sewer. The Planning Board seemed agreeable to the conceptual plans.

Then... drum roll.... the Planning Board attorney announced that Judge Rosa had made a ruling in the Downey Oil v. Town of Wappinger case on February 5.. and suggested that the planning board move to an executive.... client/attorney session.... without giving any specifics about the ruling. Given that court rulings are PUBLIC information (it's not yet published on the court site... we will continue to monitor and update/provide a link when available) ... and the actual client in this case are the Town Residents.... this need for privacy is a bit baffling... particularly since Judge Rosa is the Judge who recently found that the town has not followed Open Meeting Laws. Clearly if the Planning Board and the attorney would like to discuss strategy, possible responses etc - that should be a "private" discussion.... but otherwise the filings and response should be made public. Also, please remember this is the attorney who signed a court stipulation without the approval of the Town Board or the Planning Board... please see the Town Board Minutes from December 11, 2023. Who is representing who's interests? For additional information - Google Downey Oil and Town of Wappinger.