Planning Board Secrets

If you looked at the published agenda for the December 5 Planning Board meeting on the Town website, you would think the meeting would discuss rather mundane matters. Yes, those were on the agenda (Cooper Road Conversion approved, Subdivision of 34.4 acres on Ketchamtown Road discussed and public hearing set for Jan 18 and the Chelsea Farm Subdivision - another extension the 7th one year extension).

However, the agenda available to those physically present at the meeting was titled "Updated as of 4:49 PM on December 5, 2022".... and the meeting became curiouser and curiouser.

The "surprises" on the agenda.. include Downey Energy Liquid Propane Storage at 199 Old Route 9 - a positive declaration approved on April 4, 2022. Apparently a draft scoping document has been sent to the town around the "10th" -- we had to inquire as to what month (November) -- and the Planning Board was to set the date for a public scoping session. Well, the SEQR handbook clearly states that the public needs to have access to the draft scoping document - which because the topic was NOT on the agenda published on the website, no documentation was provided to the public. Apparently NYS DOT has requested a traffic study, and Dutchess County planning has "no comment" and the Board of Health needs to see more details. None of these documents have been made available. The process outlined in the SEQR Handbook appears to be a mystery to members of the planning board and the town attorney, since they kept referring to a "public hearing". A Public Scoping Session is NOT a public hearing and requires wide spread communication to the public, soliciting public comments and concerns.... and should be conducted in 60 days. Since about 30 of those days have already been spent....this should be an interesting.

And it didn't end there.... at the very end of the agenda was this:

"Miscellaneous - Local Law Section 230-112(B)" -- I will save you time -- this section of the code basically says that the Planning Board should give an opinion on any code changes or updates.

Apparently the Town Board is looking for an opinion from the planning board -- the specifics on what code/law is be considered was not discussed -- but the chair said they would go into "executive session". The town attorney clarified and said "attorney/client" session. This is because NY State Open Government rules state that executive session need to have a stated reason/purpose -- and a way around this is to claim the private discussion is an "attorney/client" session. Off they went. Then the planning board and attorney came out of session (still a bit vague what exactly the session was called) -- and then proceeded to vote to direct the secretary to send a note to the town clerk that "they have no objection to the proposed law". NEVER stating what the law is/was/will be. So residents have absolutely no insight on what law was discussed that we apparently have to obey/adhere to.... and residents have no insight as to the thinking of the planning board in issuing their opinion or what guidance/implications the attorney provided them. Why the secrets?