Planning board issues neutral, conditioned recommendation for Shore Farm open-space variance
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Summary
The Town of Clinton Planning Board voted to issue a neutral recommendation to the Zoning Board of Appeals for Shore Farms request to reserve 4.8 acres of open space instead of the required 28 acres, conditioning the variance for the proposed 12-unit project and asking ZBA to require re-review if density increases.
The Town of Clinton Planning Board on Dec. 31 recommended a neutral, conditioned referral to the Zoning Board of Appeals on Shore Farms request to reduce the towns open-space reservation from 28 acres to 4.8 acres for a proposed 12-unit multifamily development.
Jocelyn Young of KRC, presenting for Shore Farm, said the project would disturb roughly 4 acres of a 70-acre parcel and "we're proposing a 12 unit multifamily development and preserving the farmland that is on the remainder of the site." The applicant supplied an updated EAF, a DEC positive-parcel jurisdiction determination and a no-impact letter from the State Office of Parks, Recreation and Historic Preservation.
Board members and town counsel focused on how a variance would affect the town's policy intent and the risk of setting a precedent. Town staff and the applicant argued a site-specific, conditioned area variance tied to the 12-unit proposal would maintain the parcels integrity and allow the town to re-review any future increase in density. "We think that that meets everyone's needs," a project representative said during deliberations.
Several members expressed concern the codes 40% open-space requirement (the regulation translates to 28 acres on this parcel) is intended to preserve agricultural land and community open space. Staff noted an alternative approach would be to calculate usable open space by square feet per bedroom rather than by gross lot percentage; that method could scale with future additions.
The board voted to issue a neutral recommendation, conditioned so the variance would apply only to the current 12-unit proposal and require re-evaluation if additional units are proposed. The board also voted to circulate the site-plan and special-use permit materials to Dutchess County Planning and set scheduling steps for a Feb. 3 hearing before the planning board on the site plan.
The ZBA will consider the area-variance application; this planning-board recommendation does not itself grant relief from the zoning code. The applicant indicated they will submit revised plan sets incorporating the boards screening, lighting and engineering comments for county circulation.
