Planners table vote on Craryville gas station

COPAKE - The Planning Board delayed its vote on the proposed GRJH gas station to the frustration of those who showed up in protest at a special meeting Saturday.

The special meeting was called for a site plan review for the proposed convenience store and gas station at State Route 23 and Craryville Road in the hamlet of Craryville, which is part of the Town of Copake.

The initial project in 2017 prompted the formation of Save Craryville, a citizen group that opposes GRJH’s plans. While this meeting included no public comment, many from the group showed up in anticipation of a vote.

A spill of petroleum-based products was found on the property from previous uses by GRJH and reported to the state Department of Environmental Conservation.

Planning Board member Ed Sawchuk said it is not comforting two-and-a-half years into this project that a work plan was not submitted for review as the board requested.

GRJH is waiting for feedback from the state, company president Alicia Metz said.

In the decades since a gas station was last on the site, the laws have changed, Metz said, and GRJH will be “cleaning up what is obviously not our spill.”

The board will request a status report from the DEC on the testing and cleanup process.

On Dec. 15, 2019, the Town Zoning Board of Appeals approved a special use permit for the gas station at that location. The zoning map was modified in 2018, and the property is a Hamlet Business (HB) designation.

Sawchuk asked if the zoning board would have approved the special use permit knowing there was a previous spill. A hydrologist hired by Save Craryville previously determined an aquifer lies below the site.

Town Attorney Ken Dow said the Zoning Board of Appeals does not look at contamination, but if the project meets the zoning requirements of the town.

Sawchuk was concerned about the Department of Transportation traffic study, saying it does not account for the attractive nuisance. He said high school students will be walking or biking there.

“The only thing really in the town’s hands is what we can do to enhance the walkability of the hamlet area,” Planning Board Chairman Bob Haight said.

The state Department of Transportation determined in a report June 18, 2019 that no traffic signal is necessary at the intersection. The town cannot install one because Route 23 is a state highway. The gas station did not necessitate a left-hand turn lane, the DOT said July 2, 2019.

“This is a vehicle-intensive use, and it will require people to cross [Route] 23,” Sawchuk said. “I have a problem with a vehicle-intensive use at this intersection.”

Board member Marcia Becker confirmed there is sufficient parking for employees and patrons.

At the Sept. 5, 2019 meeting at Copake Town Hall, 230 Mountain View Road, Haight moved to close the public hearing for good, which means the group, and the general public, could no longer submit information.

The motion failed, but was made again at the Dec. 5 meeting, where it passed, with Sawchuk and Jon Urban voting against it. The public hearing was closed, but written comments were accepted until Dec. 15.

Save Craryville objected to the closure because “significant issues remain outstanding and the public has not had the opportunity to review and comment upon critical mitigation measures,” according to a letter from the group’s attorney.

After the meeting was closed, Save Craryville Director Jamie Carano addressed the board. She said after the board closes a public hearing it has 60 days to make a determination, but since a determination was not made, the public hearing should be reopened.

Haight said that is not correct.

“In this particular case, the public has played an integral role in site plan mitigation, hydrogeological and engineering matters, as well as prompting the discovery of legacy petroleum in water and soil on the site,” Carano said Monday. “The public hearing was closed against the recommendations of Save Craryville’s hydrogeologists, civil engineers and attorneys who insist that further investigation and testing should be completed.”

While the notice said the meeting may include action by the board to vote on approval of the site plan application, no action was taken and the board discussed taking a vote at its March 5 meeting. The February Planning Board meeting was canceled due to inclement weather.

Save Craryville plans to make a statement Tuesday.

Abby Hoover is a reporter for the Register-Star. Contact her at (518) 828-1616 ext. 2500 or ahoover@registerstar.com.