Dear Friends and Supporters of Save Hughsonville,
We have news! After a long wait, there has been an update from the court. If you recall, we have filed article 78 actions against both the Town of Wappinger Planning Board as well as the Town of Wappinger Zoning Board of Appeals. The court has made a decision involving the Zoning Board of Appeals, holding the other actions re: the Planning Board in abeyance (temporarily set aside) for now. The judge has directed the Zoning Board of Appeals to go back and re-examine their decision about the size/appropriateness of the Convenience Store - “ the ZBA failed to adequately consider and determine the question of whether the proposed retail operations conform to the permitted accessory use carved out by the 'gasoline filling station’ definition, which limits this accessory use to the indoor ‘retail sale of convenience items, including but not limited to snacks and beverages.’” “The ZBA failed to set forth any facts upon which it based its determination that the Town Code does not place any limits on the type of goods that may be sold by a gasoline filling station, or for its determination that the Project’s proposed accessory use meets the statutory criteria for the retail sale of convenience items.” The judge has also directed the Zoning Board of Appeals to examine the question of whether the retail/convenience uses are “incidental” to the gasoline filling station, and at times expressed its skepticism based on the sheer size of the building itself, number of parking spaces dedicated to that use, and the explanation of how certain interior spaces (i.e. the cooler spaces) could be something other than purely a convenience store. The Court has reminded the Zoning Board of Appeals that its rationale in answering these interpretive questions must be fact-based and not assumption driven (i.e. relying on “trends” in the industry proffered by none other than Gas Land). While this may seem as one of the smaller points in our argument against the development of such a large enterprise in the middle of our small hamlet, what this Decision and Order does is force the ZBA to go back and find evidence in the Town Code that supports their decision, not relying on the developer’s assertion that Gas Station Retail trends are changing. If the ZBA cannot shore up its prior interpretations with fact-based, objective reasoning, or if it finds that the proposed uses are incompatible and cannot be interpreted to allow the current iteration of the project, then the developer might very well find itself back before the Planning Board without a special permit and going through the site plan/special permit process all over again with, at the very least, substantial changes to its development proposal and building. Our legal team has written to the ZBA, requesting time on their agenda (probably September) and we are anticipating a public hearing to be scheduled in October (though delays are not unknown). We will need to show our continued concern and support by attending Zoning Board Meetings in September and October (we will let you know when the meetings will be scheduled). The court has requested a response by October 20. So while this does not stop the development of the Gas Station in Hughsonville, because the Town has issued permits, it has increased the risk that the developer is taking in continuing construction. And, once again, a court has found that we have legitimate concerns about this project and the process the Town used to approve this project, which is positive and reassuring for us. We will continue to pursue this action and work with the legal team to press the Zoning Board of Appeals on what we believe was their incorrect decision. Please continue to support us with your patience and donations. Thank you.
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