Pine Plains reviews subdivision regulations

PINE PLAINS — There were few comments made at the Aug. 19 public hearing held on the town’s proposed subdivision regulations.

Two of those comments came from attorney Jennifer Van Tuyl, who represents the Durst Organization, the applicant behind the proposed Carvel Property Development. Van Tuyl said there were two aspects of the regulations that create conflicts with the existing NND (New Neighborhood Developments) zoning regulations. She said they could potentially “create problems� for the Town Board and the Planning Board moving forward. One was a legal issue and the other an engineering issue.

Specifically, the attorney said, the issue lies with the design standards applicable to an NND.

“The two standards [of the draft subdivision regulations and the NND] are different and conflict,â€� Van Tuyl stated in the letter she submitted to the board at the hearing. “Since the Town Board has already established that the comprehensive NND standards should apply, that standard should not be undermined or confused in the subdivision regulations. The Planning Board does much of its review during the NND review process, and  needs to know what standards will apply during the period of NND review. Additionally, the Town Board should not have to be put to the burden of ‘specifically modifying’ every conceivably inconsistent provision of the subdivsion regulations during its NND review.â€�

The engineering issue, meanwhile, dealt with the sewer.

“The NND provisions require at least 75 percent of the residential dwellings to be served by central  sewer services and do not require municipal ownership of such systems,â€� stated Van Tuyl’s letter. “Unfortunately, section A 61-21 A (2) of the draft subdivision regulations is inconsistent with these provisions, and would appear to actually prohibit what the NND section requires.â€�

It was suggested that where municipal sanitary sewerage systems “are not reasonably accessible, services shall be provided as follows: Central sewerage system ... approved by the applicable health department(s); Individual disposal systems, subject to approval by the applicable health department(s); and where municipal sanitary sewerage systems have been planned and will become available to the site within a reasonable time, as approved by the Town Board and the Planning Board ...�

Van Tuyl wrapped up her comments, requesting the public hearing remain open until
Town Engineer Ray Jurkowski and Attorney to the Town Warren Replansky can discuss the comments made and advise the board. At that point the town’s planning consultant, Bonnie Franson, contributed her thoughts.

“I would note that regarding the NND design standards, I don’t think it was the intent that they would be the only standards that apply and that the subdivision standards also apply to an NND,� she said. “Having said that, I acknowledge that subdivision standards address all subdivisions in town and there could be some inconsistencies.�

Town Supervisor Gregg Pulver noted that no comments have been received from the county, but said the town’s Planning Board Chairman, Rick Butler, did submit comments of his own. Pulver read those aloud.

“I strongly recommend the adoption of the latest draft subdivision regulations,â€� Butler wrote. “This draft is the culmination of a long and thorough development and review process undertaken  by the town’s professional consultants with assistance from interested residents both within and outside the town’s various boards and committees.... The importance of compatibility between the comprehensive plan, zoning and our subdivision regulations cannot be overstated, and should not be under-appreciated.â€�

Councilwoman Sandra David then raised the subject of habitat awareness forms and maps, courtesy of the environmental research group, Hudsonia, that all applicants will soon use when applying for building permits.

“Some felt it was cumbersome, but I spent some time simplifying,� she said. “The applicants would get a habitat awareness form [a form on priority habitats and their functions] and look at the map. All it is, is making people aware of their habitats. It’s not making them do anything.�

Habitat awareness was added into the subdivision regulations in two locations: in a discussion about the zoning enforcement officer (ZEO) and on a list on page 11, regarding sketch plans.

“The advantage of doing this immediately before getting a building permit is that you can consider [your habitat] in your plans,� David said.

As the review came to an end, the board discussed whether to vote on the regulations or wait until Replansky (who could not attend the meeting) was present. David said waiting sounded prudent, as it would also give board members a chance to digest the information exchanged that night. It was agreed  that was the best decision and the board moved to adjourn the hearing until it meets again next month, on Thursday, Sept. 16, at 7:30 p.m., at Town Hall.

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