Proposed County Route 78 Gas Station: Board Keeps Hearing Open After Late Engineering and Environmental Concerns

The Middletown Planning Board kept the public hearing open and adjourned further action on a proposed gas station and convenience store at 16–18 County Route 78 on Nov. 5, 2025, after the board received late technical comments from nearby property owners’ counsel raising traffic, tanker-circulation, stormwater and freshwater-wetland concerns.

Christian Gates, an associate at Keenan Bean representing Gasland Petroleum, told the board his client’s retained engineer had identified substantial open issues: vehicle sight lines and queueing at the County Route 78 curb cut, internal circulation for tanker trucks and emergency vehicles, grading and erosion control because a sizable cut is proposed at the rear of the site, and a potential freshwater-wetland overlap that may require a jurisdictional determination from the New York State Department of Environmental Conservation (DEC). Gates asked the planning board to leave the public hearing open so the applicant could respond and the board’s engineer could review the comments.

Applicant counsel said the applicant’s principal previously retained the same firm and suggested Keenan Bean’s action raised conflict concerns; the applicant said it would pursue an ethics review if warranted. Planning Board attorney Mr. Krogan and the chair concluded the comments arrived too late for same-day engineer review and recommended the board keep the hearing open so the planning board engineer and fire officials could evaluate circulation and safety issues. The board voted to adjourn this application for future consideration and to allow additional review.

The board did not approve site work, use changes, or require conditions at the Nov. 5 meeting; outstanding technical questions about DEC jurisdiction, stormwater, tanker circulation and emergency access remain unresolved and will be reviewed before any final board action.