‘Significant Concerns’ Over Route 9 Plan

Planning board asked to pause review  

The Philipstown Conservation Board has requested that the Planning Board pause its review of a proposed gas station with a Dunkin’, a commercial building and a solar farm on Route 9 amid “significant concerns.”

In a letter to the Planning Board, Conservation Board Chair Andy Galler said Misti’s Properties 3070 Inc.’s plan for the former Automar property could adversely affect the town’s aquifer, and Clove Creek and its floodplain.

Misti’s did not have an appearance scheduled for the Planning Board’s Nov. 21 meeting, but the board reviewed Galler’s request to delay action on the company’s application until the Conservation Board can visit the site, through which the creek runs.

“I think it’s appropriate for the board to pause processing of the application until the CB [Conservation Board] has a chance to investigate,” said Stephen Gaba, the Planning Board’s attorney.

Based in White Plains, Misti’s Properties introduced a two-phase project on Sept. 19 for the 27-acre property, a former service garage at 3070 Route 9. Phase One called for demolishing an existing 3,000-square-foot structure and replacing it with a 4,000-square-foot building shared by a gas station, convenience store and a Dunkin’ with a drive-thru.

According to the project documents, the station would have four gas and three diesel pumps and require underground storage tanks. Misti’s also proposes an 18,000-square-foot “flex” building with storage for contractors and a small office, with potential space for a loading dock and truck parking lot. A solar farm is planned for the second phase.

Galler said the Conservation Board’s “initial thoughts are this may be too intensive development for this site.” He also said the company needs to update “inadequate” project documents and have “clearly flagged” for the visit the footprints of buildings, paved areas, fuel tanks and the septic system.

Misti’s has already suffered a setback before the Philipstown Zoning Board, which needs to provide a variance because eateries with drive-thrus are not allowed in the Highway Commercial Zone. The Zoning Board rejected the company’s request for a variance on Nov. 4.

Hudson Valley Shakespeare

The Planning Board also scheduled a public hearing for Dec. 19 on Hudson Valley Shakespeare’s application to build actor housing on its property on Route 9.

In place of hotel rooms, actors would spend the festival’s season living in one of five residential buildings forming an L-shaped compound in the northwest section of HVS’s 97-acre property. Four of the buildings — two-story cottages totaling 1,000 square feet each — would have two separate bedrooms with a private bath on each floor, and a kitchen and living area off the entrance.

An additional 16 one-bedroom units with kitchens and bathrooms would be contained in a fifth “barn” building totaling 2,500 square feet. Attached to the building is a common kitchen and dining area, along with a laundry room. Set among existing and newly planted trees, the buildings would have gray metal roofs and natural wood siding.

Philipstown law would prohibit artists from occupying the housing for more than nine consecutive months. During its offseason, HVS would be allowed to rent the units to guests for stays of less than a month.

Members of the Planning Board visited the site on Nov. 17. “It’s actually a beautiful spot and it is very secluded,” said board Chair Neal Zuckerman.

Hudson Highlands Reserve

A second public hearing will be held Dec. 19, this one for Hudson Highlands Reserve and the homeowners’ association bylaws and rules for its 24-home development on a 210-acre property bounded by Horton Road, East Mountain Road North and Route 9.

The Planning Board also approved a special permit that Horton Road LLC, the project’s developer, needed to disturb steep slopes as it builds out the property’s access road from Route 9.