MAMAKATING — Kevin Lechner, owner of KL Enterprises, approached the podium during Mamakating’s Town Board meeting on May 17 to relay his negative experience with the Planning Board attorney, John Capello.

Lechner claimed that Capello was “yelling and screaming” at him when Lechner brought his application to move a propane business into town.

Lechner is already a business owner in Mamakating, and aims to take over his father’s business, Lechner Propane, and move it from East Branch to Mamakating off McDonald Road.

Lechner claimed that Capello was “inappropriate and disrespectful” towards him and said he wanted to file a formal complaint with the town board.

Lechner added that he was considering taking his business elsewhere, citing that a place like Parksville is also interested in his business.

Lechner urged the board and the public to rewatch the recording of Planning Board meeting to witness Capello’s behavior.

Paul Deninno, owner of Bashakill Vineyards, also claimed that Capello delayed their opening for three months over the insistence of a special use permit. Deninno accused Capello of not reading the town’s laws when advising.

Chris Leser was quick to defend Capello. Leser stated that “it got exasperating” due to the number of times Lechner was told to go back to Mary Grass, the Building Department Code Enforcer, for the proper paperwork. Leser said that Lechner “semi-threatened” the town, and the Planning Board allowed Lechner a lot of time to answer any of his questions.

During the Planning Board meeting itself on May 10, Lechner submitted an application that Capello said was not complete.

Lechner’s proposed site is located within two zones, Mountain Greenbelt and Airport Development. During the meeting, Capello explained to Lechner that the building department needs to approve Lechner’s business as a public utility to be allowed to operate on the property Lechner chose.

The building department interprets the definitions of utilities, not the Planning Department. The Planning Board reviews plans that have been permitted for use, Capello said.

He also explained that Grass should have made a determination before bringing the application to the Planning Board, and Lechner could present his application, but the board could not vote on it without Grass’s positive determination.

Capello added that Lechner needed to demonstrate to Grass that his business is a public utility, and if he disagrees with her, he can bring it to the Zoning Board of Appeals.

Lorrence Green, the chairman of the Planning Board, opted to hear the presentation and said he would like to see an easier process for applicants, so applicants do not find themselves in Lechner’s position.

Green noted that there was a checklist that was developed, but he would have to look into what happened to it. Green and Capello emphasized that he would have to go through this procedure in any municipality. Every project according to State Law must be presented, given permission, have a SEQR (environmental) review, and a public hearing.

Lechner stated that he had been in the building department four times and asked several times what exactly he needed from Grass to proceed. Capello stated that he needed a letter, and this process in general is to protect all parties involved. He also stated that he was “not looking to bill [Lechner]” and was “not looking to bust [his] chops,” and that his role was to advise the board according to the law because he must defend whatever action the board takes.

During the Mamakating Town Board meeting, Fred Harding, the Mamakating Local Development Corporation Chairman (MLDC), commented on the process without naming any businesses in particular. He stated that Mamakating is tough on new businesses because Mamakating has environmental concerns.

Mamakating only wants businesses with a small impact that would support eco-tourism, but “we have to respond in a favorable, positive manner. We should not be obstructionists,” he said.

Harding also noted that Mamakating has lost businesses and projects due to time and minor details that could have been resolved.

He challenged the board to “improve the way we react when someone comes to our town to start a project” and to start changing the culture for new businesses. Lechner’s Propane has received a letter of support from the MLDC.

Green echoed his comments at the Planning Board meeting again at the town board meeting. He said that he knows there are problems in the process, and he has already been trying to move the applications along quicker.

“I am open to suggestions. We want to improve the process,” Green said.