Continued Tussle on Stone Brook Estates

June 1 - Town of Wappinger Planning Board Meeting.

Subura - Ammended site plan. The Resolution agreed to at the last meeting and approved at this meeting.

Obercreek - two requests - Lot Line Realigment and subdivision.

Lot Line realignment - farm access road is on a piece of property (on Marlorville) that will evenutally be sold, so the owner would like to change the lot line so that the Farm Access Road will remain on Obercreek property. The plat needs a few items added -

The Subdivision - the properties are divided by Wheeler Hill Road (one side is apple orchard, the other is land not being farmed - the properties are in Conservation Easement and will not have residential development on it. The applicant is proposing to subdivide the existing 19.71 acres into two lots, separated by Wheeler Hill Road so that new lot one comprises of 14.22 acres and new lot two comprises of 5.49 acres in an R-40/80 and R-80 Zoning District.

An uncoordinated review was recommended and agreed to.

Public Hearing not required for lot line realignment.

Public Hearing required for subdivision action - SEQR action will be decided before the public hearing at the June 15th meeting and the public hearing is scheduled for June 15.

Flynn Subdivision at 340 South River Road - in 2019 subdivided a lot on the south end, now want to create a new lot on the north end, while maintaining a lot with the current home.

SHPO still shows a historic structure that was demolished - need a note for SHPO. A coordinated review was voted on by the board. Will need DC Health Department reviews for water/sewer, need erosion control (simple), driveway profiles need to be documented on drawing, driveways will need to be paved because of pitch. Board voted to circulate that they would be lead agency.

Stone Brook Estates -237 Old Hopewell road - the chair reiterated that the Planning Board cannot discuss the project, they are prevented by law to do that while the moratorium is in effect.

The agenda needs to be corrected... cannot discuss the application -- the agenda should read "discuss Hardship waiver request from town board".

Referral from the town board - attorney for applicant was asking for a "hardship waiver". Given the moratorium, the planning board cannot review the application. The Town Board is the board that can grant such a hardship waiver, the applicant is looking for the Planning Board to refer this project to the town board. The applicant paid $4300 fee, filing fee and has invested in the plat design which is the basis for their hardship request.

The applicant has been working on the project since 2021. The Town Board just said that the fees were paid, if the Town Board needs additional information, the Planning Board isn't going to stand in the way. The lawyer said that this is not unique to any other applicant who has paid fees. Attorney -- we have to be careful, with moratorium in place - the Planning Board can't look at the history or details of the project.

The 2025 Comp plan is looking to reduce the density in this area - none of this addressed in the letter.

Environmental issues will need to be addressed and play into a yield analysis. Planning Board can only go with what has been provided to them - on whether there is a hardship.

The chair of the board said "we are stuck in the middle". What was presented at the last meeting doesn't fit with the R-80 requirements that are anticipated.

With the information that was provided to the planning board- The planning board determined there is no hardship and the attorney will send a letter to that effect to the Town Board.

The filing date doesn't matter - the legal argument has to be made to the town board, the planning board doesn't make that decision.