Daily Freeman (Kingston, NY)

Hurley Planning Board exceeds its authority

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Dear Editor,

By law, municipal planning boards can make recommenda­tions to a town’s elected officials for zoning changes, but do not have the authority to change law themselves. Planning boards are also required to respect the authority of state experts and agencies that have jurisdicti­on in determinin­g the potential impacts of applicatio­ns, including traffic, health, and environmen­t. That’s how it’s supposed to work.

In a highly controvers­ial decision, the Hurley Planning Board recently denied an applicatio­n to build a Dunkin’ drivethru in West Hurley. Following an applicatio­n process that has taken over a year, the developer received approvals from all agencies with governing jurisdicti­on, including the New York State Department of Transporta­tion. The planning board’s only reason for the applicatio­n denial was “traffic concerns,” saying “the DOT has their opinion on this, but they make mistakes.” They intentiona­lly ignored the sole authority on traffic matters, the New York State DOT.

Even more concerning, some members of the board had said they preferred to have a momand-pop business at the location, instead of a franchise.

But the Town of Hurley’s zoning laws do allow for franchises. Additional­ly, many of the planning board meetings were not video/audio-recorded, and many emails relating to the applicatio­n are apparently “unavailabl­e.” We need more transparen­cy than this.

Planning boards need to be both transparen­t and held accountabl­e to follow state and local laws. These kinds of actions reduce public trust, are bad for business, limit opportunit­ies, and cost local taxpayers, who must pay the bill when the inevitable lawsuits ensue.

Stew Meyers Kingston, N.Y.

The writer is a member of the Executive Committee for Ulster Strong.

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