HURLEY PLANNING BOARD EXCEEDS AUTHORITY
By law, 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 who have jurisdiction in determining potential impacts of applications, such as with 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 drive-thru 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 NYS 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 NYS DOT.
Even more concerning, some members of the board had said they preferred to have a mom-and-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, is bad for business, limits opportunities, and costs local tax payers who must pay the bill when the inevitable lawsuits ensue.
