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Wallkill public hearing on draft master plan spotlights warehouse zoning, developers seek grandfathering

May 30, 2024 | Wallkill, Orange County, New York


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Wallkill public hearing on draft master plan spotlights warehouse zoning, developers seek grandfathering
The Town Board of Wallkill held a public hearing on the master plan committee's draft recommendations that focused debate on where large warehouses should be allowed and whether approved projects should be grandfathered.

Chair (speaker labeled 1) opened the hearing by saying, "We got this public hearing on the recommendations from the master plan review committee," and asked members of the public to state their names and limit remarks to five minutes.

Charles Gottlieb, an attorney representing RDM Group, urged the board to add grandfathering language to the draft plan to avoid nullifying vested approvals. Gottlieb told the board that a consolidated parcel at 36 Finney Drive, previously approved for a 106,000-square-foot warehouse, and a 270,000-square-foot distribution center at 599 East Main Street had site plans with approvals or pending conditions. "We would request that there be some grandfather provisions in the local laws, that are subsequent to the adoption of the draft comprehensive plan," Gottlieb said, warning that otherwise approved development rights could be made prohibited by rezoning.

Developers' representatives repeatedly pressed for flexibility on the draft's post-approval extension limits, noting that state-level permits (for example, from the New York State Department of Environmental Conservation) can take many months and that lengthy transactional processes can delay construction. The committee responded that an existing local resolution on extensions already exists in current code and that the draft clarifies a maximum extension structure intended to prompt review if projects sit dormant for several years.

Several residents raised environmental and traffic concerns about proposed zoning near Exit 119 and other highway interchanges. Jean Charles, who spoke about wetlands and drainage in the Exit 119 area, said, "We're definitely gonna pollute the wetlands" if development proceeds without more study, and urged closer attention to slopes, state-regulated wetlands and stormwater infrastructure. Other residents said limiting large distribution facilities to parcels with direct access to Route 17 aimed to reduce interior-road truck traffic but remained concerned about smaller delivery vans and school-route safety.

A Zoom participant, attorney Steven Barshev, told the board his client had "received final site plan approval back in March. They signed approval. In other words, all the conditions were met," and asked the town to consider that signed approvals be recognized in the face of rezoning.

Committee members emphasized that the document before the public is a draft of recommendations, not final law. They said zoning changes would be phased, would require environmental review and county referral where applicable, and that the committee would post updated drafts to the town website as the process continued. The committee reiterated it would accept written comments while the hearing remained open.

Before adjourning, a motion to continue the public hearing was made and seconded; the record shows several members responded "Aye," and the board kept the hearing open for additional testimony and written input. The committee said it plans ongoing meetings (first and third Mondays) and will incorporate public feedback into subsequent drafts.

What happens next: the master plan committee will revise recommendations based on public input, post updated drafts online, and, when final recommendations are produced, the town will proceed with the formal zoning update and any required environmental and intergovernmental reviews.

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