PINE PLAINS — Subdivision regulations were the main topic at the June 24 Town Board meeting. Attorney to the Town Warren Replansky and town Planning Consultant Bonnie Franson reviewed the latest version of the regulations with the board; the next version is due at the July 15 meeting.
“Bonnie and I have gone through comments and made changes where appropriate,� Replansky said. “Some comments we found constructive. And we responded, pretty much, to all of the comments from the county.�
Franson said the updated regulations also reflect comments from Town Engineer Ray Jurkowski.
Subdivision regs
and conservation
subdivision regs
The subdivision regulations, she said, are used by the Planning Board under the Town Board’s authorization. The policies and purposes section of the regulations, meanwhile, are the same as in the zoning law. They also duplicate New York state town law, as reflected in the policies presented before the board.
Franson noted the county requested conservation subdivisions be mentioned in the procedures section of the subdivision regulations. A conservation subdivision mirrors the zoning law. The planner said they did “spell out references to NNDs (New Neighborhood Developments), as required by the county.� They also referred to subdivision design standards. Additionally, the regulations will detail the names of the zoning districts, as per the county’s request.
When there’s a subdivision already established, it has to meet the existing zoning requirements, unless there’s a variance.
“You can always apply for a variance,� Replansky said. “There are two types: a use variance and an area variance.�
Including habitats
Mention was made at the meeting that Hudsonia, an environmental research institute, recommended the town include environmental awareness as part of the review process. Hudsonia recently presented a habitat map study before the town, along with habitat maps.
“I like the idea of asking applicants to make a brief submission of what [their project falls into as far as habitats go],� said Councilwoman Rosemary Lyons-Chase, adding it could fall under site plan review.
“There’s no law [requiring it],� agreed Councilwoman Sandra David. “It just makes people more aware.�
There would be a formal application process before the Planning Board, however, when it comes to minor and major subdivision review.
“I think those preliminary meetings are critical,� town Supervisor Gregg Pulver said. “It’s nice for the applicant to come before the board and hear, ‘Do you know what you’re in for, you have steep slopes, etc.’.�
Waivers
Franson said there were no changes to the Planning Board’s process of reviewing sketch plans, but that there is a new waiver section.
“We revised the language to be consistent with New York state town law,� she said. “The Planning Board determines whether the applicant is able to waive certain items, but nothing is required by the zoning law.�
“The reason we felt it was important, was it really needs to be very clear in the record of what’s being requested in terms of waivers,� Replansky said. “Having the request being put in writing is important.�
“I don’t see what’s so onerous about it,� agreed Pulver, who moments before had read an objection to the waivers by Planning Board Chairman Rick Butler.
Minor and major
subdivisions
The next topic was minor subdivision procedures, which Franson said don’t need a two-step process because they are simpler subdivisions. Major subdivisions do require a two-step process, however, including preliminary and final approval procedures, which must include both statements of approval and maps.
Trees, flood plains,
utilities and roads
“I wondered if it makes sense for us to make a clear reference to the tree law, because it could be that heritage trees will be [affected by development],� Lyons-Chase said.
“I would like to see something refer to heritage trees, personally,� Pulver said. “I don’t know if ultimately we’re going to protect anything, but it would be nice.�
Regulations regarding reservations and easements were taken from New York state town law. There was also talk about flood plains law, which addressed the fact that structures are now allowed to be built in flood plains.
“It’s not good practice,� Franson said, stressing that good flood insurance is essential. “But we need to have it in the law.�
As far as utilities, it’s been left to the Planning Board to make the decision whether the town should require above ground or under ground wires.
Roads were also discussed. David specifically mentioned the Carvel Property Development proposed by real estate tycoon Douglas Durst.
“The Durst project talks about country roads and keeping them narrower,� she said. “We would be squelching that idea [it seems].�
“We have to sit down with the highway superintendent and engineers and determine what’s best for heavy equipment, safety and other criteria,� Pulver said. “It needs to be thought out.�
“[The regulations] refer to highway specs, and if I understand correctly and if the NNDs are approved and they want to design little country roads, would this prevent them?� asked David.
“No,� Replansky answered. “The Town Board would have the authority to supersede that. The town would have that flexibility to allow that to happen.�
While a few other details were hashed out, the board requested Franson and Replansky once again amend the subdivision regulations based on the night’s discussion. A new red-lined version is expected to be presented to the Town Board at its July 15 meeting, set for 7:30 p.m. at Town Hall.
Submitted
