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Planning Board issues negative declaration and approves amended subdivision for Bachman lot with narrowed no-build buffer
Summary
The Goshen Planning Board approved an amended subdivision for the Bachman lot after concluding the board's environmental review and limiting a reduced no-build buffer to the specific area shown on the applicant's plan.
The Goshen Planning Board voted to issue a SEQRA negative declaration and to approve an amended resolution of conditional final approval for the Bachman property, authorizing an amended subdivision that adjusts a no-build/no-disturb buffer for a single lot.
The application concerns a 2.065-acre lot on Houston Road in an RU zone with AQ-3 and Scenic Road corridor overlays. Staff and the applicant said an as-built survey showed a garage/carriage-house approach encroached several feet into the originally established no-build buffer. Planning staff prepared a draft Part 2 Environmental Assessment Form and recommended the amended subdivision approval to document and resolve the encroachment; the board accepted the Part 2 and issued a negative declaration.
Public commenters and one board member raised concerns that allowing a reduced buffer for this lot could set a precedent and urged stronger on-site enforcement in the future. Several residents asked whether other additions, pools or sheds on nearby lots had been built without permits and pressed the board to require surveys before construction. Board members and staff discussed this enforcement concern at length; staff said there was no evidence of intentional encroachment and that the firm hired an architect who may have erred in staking. The board emphasized that future cases with evidence of intentional disregard would be handled differently.
The board revised the draft resolution to explicitly limit the reduced no-build buffer to the area shown on the submitted map (a jog specific to the Bachman lot) and to keep the other conditions of the prior resolution in effect. The amended resolution requires the applicant to prepare a subdivision plat acceptable to Orange County and to obtain a letter from the town engineer confirming the plat is in proper order before the plat is signed and filed.
By voice vote the board approved the resolution of conditional final approval for Justin and Tavi Bachman. The transcript records the motions and aye voice votes but no roll-call tallies.
