On Wednesday, May 1, the lawyers working on our case against the Town Planning and Zoning Boards, with the developer’s lawyer and the lawyer representing the town in the case against the Town’s decision to approve the permits/plans for a gasoline station/convenience store in the middle of the Hughsonville Hamlet, met to brief the Law Clerk for the Judge newly assigned to the case.
This was a follow up to the December filing where the Town Zoning Board of Appeals was asked by the judge who was previously assigned to the case, to show what details and information in the Town’s Zoning Code they could reference as guiding them in the process they followed and the decision that they made. Our lawyers briefed the Judge’s Principal Law Secretary on the case but focused her attention on the two discrete and narrow legal issues the ZBA was tasked with resolving and did not.
We are of course arguing that they did not do the requisite research or follow a defined process, but rather deferred to the “industry trends” provided by the developer, which we are arguing was inappropriate. The prior judge was explicit with the ZBA that it was not to rely on what the developer said as relevant. We are hoping the new Law Clerk, who will be researching and writing the judge’s decision, as well as the judge, both understand the issues to be resolved as we have presented them.
Our counsel explained that the Law Clerk has a very heavy workload and that we shouldn’t be expecting a decision for a few months.
As an aside, the developer’s lawyer mentioned that they are planning on opening in July. Please remember that when we agreed to removing the Temporary Restraining Order in February of 2023, the developer agreed that the development and investments are made at his risk. This was expressly written into the agreement withdrawing the TRO. The fact that they have made significant investments, and may even open the location, should have no bearing on the outcome of this case.
A possible outcome is that the project could be returned to the Town of Wappinger Planning Board. We would also expect that there would be legal appeals.
If you happen to see any of your elected officials while doing your errands or at community events, please make your feelings known about this project. Yes, these will be uncomfortable conversations, but the manner in which the Zoning Code was changed allowing this project was inappropriate, as well as the lack of environmental/quality of life reviews, the disregard of the residents whose homes are in close proximity to this project, as well the disregard for the Town’s Comprehensive Master Plan goals and stated community character objectives.
We know that this has been a long process and it is difficult to remain hopeful when the behemoth being built in the middle of a small hamlet is taking shape — but please stick with us and continue to support our efforts as we work through the process.
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