Amenia Hills preliminary subdivision approval under review

AMENIA — The Planning Board and its consultants will be reviewing revised plans for a 19-unit subdivision on Depot Hill Road after the applicant requested that the board not terminate a June 2006 preliminary subdivision approval.

Attorney Michael Sirignano represented the Syms, who own the parcel of land on Depot Hill Road, adjacent to the proposed Keane Stud horse farm and community development.

Under the preliminary subdivision approval, water would be provided to the subdivision by connecting to an outside water district, the main option being the town. However, the town was notified by the Department of Environmental Conservation and the Department of Health that there was insufficient water to service the district they already have and they would not be entertaining any expansion applications until that situation was rectified.

The situation “left the Syms with no alternative but to search for water elsewhere,� Sirignano reported. The applicants have now proposed moving forward with the project utilizing their own wells drilled on property across the street from the subdivision.

As both Sirignano and Attorney to the Town Michael Hayes agreed, there is nothing in the subdivision regulations or town code that explicitly requires subdivision approval to be terminated after a period of time. There is a recommendation that an applicant be allowed three opportunities to ask for an extension, which would bring the total length to roughly two years, Hayes said. But town law only says that the Planning Board reserves the right to revoke the approval after that time period, not that it is required to.

Sirignano explained that nothing in the project has changed other than the method of water supply. He felt that revoking approval was “not fair or just to [the Syms], counterproductive and setting us on a backward course.�

The applicant instead urged the board to examine the testing done on the wells, and have the consultants look at the revisions and consult with its engineers.

The board agreed, saying it would need time to look at the updated proposal and for the consultants to provide feedback as to whether the new wells would constitute a significant environmental impact. With the proposed Keane Stud and town water districts vying for water in the same area, concern was raised that the aquifer could be effected. But Planning Board Chairman Bill Flood said he believed some kind of a compromise could be made among the three municipal water districts.

The next Planning Board meeting is scheduled for Thursday, Oct. 29, at 7 p.m. at Town Hall.

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