Subdivision regulations take center stage

PINE PLAINS — A public hearing was held last Thursday, May 20, on Local Law No. 2 of 2010, or more specifically on the proposed updated subdivision regulations, which are to be incorporated into the town’s current zoning laws.

Immediately after the hearing began, Attorney to the Town Warren Replansky said he had a correction to make, discovered while conferring with town planning consultant Bonnie Franson. He said the application for subdivision regulations under SEQRA (State Environmental Quality Review Act) was not a Type 1 action, but rather an undeclared action. He had already prepared a resolution rectifying the error.

Public hearing

Once that was taken care of, the hearing opened for public comments. While no residents rose to speak about the issue at hand, there was one participant in this portion of the hearing, a Carvel Property Development representative, attorney Jennifer Van Tuyl.

“We certainly support the new subdivision regulations and hope they can be adopted soon,� she said, before summarizing four points that she said would improve the draft text. Along with her abbreviated verbal remarks, which she stated for the record and the benefit of those present at the meeting, Van Tuyl presented the Town Board, Replansky and Franson with more detailed copies of her comments.

The four main points focused on the following with regards to the proposed subdivision regulations: improving the clarity; consistency with the new zoning; avoiding potential conflicts with other laws; and maintaining flexibility (where it could be done without harming the town’s interests).

“For example,� Van Tuyl stated in her submission, “state law requires that the Town Board designate the office — either Planning Board or Town Board — in which a final subdivision decision must be filed to start the statute of limitations period. The present draft does not make a designation, and we think that should be done as part of this enactment.�

After Van Tuyl spoke, the public hearing closed.

County comments

The town also received comments from Dutchess County Department of Planning and Development (DCDPD) Commissioner Kealy Salomon on the proposed local law. She wrote the county is pleased to see the town follow-up on the adoption of its zoning code with updated subdivision regulations to “ensure consistency,� and that “the inclusion of regulations that protect the rural and scenic character of Pine Plains, provide for affordable housing and provide for conservation subdivisions are commendable.�

However, Salomon also stated the board’s decision “involves a matter of some concern,� and continued to offer some suggestions.

“The town’s site-specific characteristics should be considered for every application. The data needed are readily available and offer the applicant and Planning Board the best opportunity to have a productive, full-range discussion about the site’s characteristics, including areas to be considered for protection, prior to submission of a sketch plan,� the commissioner stated. “This will save time and funding resources, and most importantly, ensure that the developer heads in the right direction early in the planning and review process. We strongly recommend that this pre-application meeting with a Conservation Resources Map be required for all subdivision applications other than minor subdivisions.�

Taking the high road

The board reviewed the whole of Salomon’s letter and then moved on to other points of interest, including the status of subdivision roads versus privately maintained roads.

“There are roads in this town that were never built to town specs, and we won’t take them over,� Pulver said. “The idea is that the town shouldn’t spend money resurrecting a road the developer should have done right in the first place.�

“There’s never any guarantee, but there are ways of drafting documents to hopefully ensure that those roads will be maintained in perpetuity [once there’s a maintenance agreement],� Replansky said. “But unless those roads are dedicated to the town and taken over by the town, you can’t control how they’re maintained.�

“If something does happen, the town will go in there and fix it and then put the charge on the property owner’s tax bill,� Pulver added.

The EAF

After a brief break was taken so the town’s recreation director could give her report, the conversation returned to subdivision regulations. Replansky requested the town work on the Final Environmental Assessment Form (FEAF), which is part of the SEQRA process. The board decided to do so; it then scheduled an extra workshop meeting for June 24 at 7:30 p.m. to address the items on its agenda that it did not have time to discuss last Thursday. It will still hold its standard meeting on June 17 at 7:30 p.m. for regular business as well.

The board first completed Part 1 of the FEAF, stating that the town wants to adopt amended subdivision regulations. It went through the review point-by-point.

The project area is 19,903 acres. It is located in or substantially contiguous to a critical environmental area, that being Stissing Mountain. There are also wetlands, streams and ponds within or contiguous to the project area; and Thompson Pond is considered a national natural landmark. There are 11 different zoning classifications within Pine Plains, and changes to zoning are not being proposed, according to the response on the FEAF. There is a long list of responses to the following question: Does the project site contain any species of plant or animal life that is identified as threatened or endangered and does the present site include scenic views known to be important to the community?

Part 2 of the EAF focuses on project impacts and their magnitude, according to Replansky, who said it’s typical to say “No� to every category. Those categories included: impact on land; impact on water; impact on air; impact on plants and animals; impact on agricultural land resources; impact on aesthetic resources; impact on historic and archaeological resources; impact on open space and recreation; impact on critical environmental areas; impact on transportation; impact on energy; noise and odor impacts; impact on public health; and impact on growth and character of community or neighborhood.

“On the basis of this information and proposal, you make a determination of whether you think the application will have a significant negative impact on the environment,� Franson said.

The board agreed that the subdivision regulations would not negatively impact the town, and there was a unanimous vote in favor of a negative declaration (Councilman Bob Couse was absent from last week’s meeting); it was reiterated that the action was unlisted, which was also voted on unanimously.

Part 3 of the EAF, meanwhile, will likely be addressed at the Town Board’s next meeting, set for June 17 at 7:30 p.m. at Town Hall.

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