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Applicant seeks variance to increase Shiva student housing from 14 to 16 units; board weighs wetlands concern
Summary
Rab Sher told the Fallsburg Planning Board the applicant seeks to add two rows of student housing to increase permitted units from 14 to 16; the board classified the project under SEQR as a negative declaration and discussed wetlands jurisdiction and forwarding minutes to planning staff.
Rab Sher, who identified himself as representing "the Shiva," told the Fallsburg Planning Board on Jan. 15 that the applicant seeks an area variance to increase permitted student housing from 14 units to 16 by adding two rows of four units each.
Board members discussed environmental review and wetlands concerns. One member said public‑hearing mailings had not been completed previously and urged that a jurisdictional determination (JD) about wetlands be considered as the matter moves to the planning board; another member cautioned that conditioning an area variance on a JD may not be proper and recommended forwarding the planning board minutes and application materials for further review.
During environmental review under SEQR, the board moved to act as lead agency and to adopt a negative declaration, answering the standard criteria (change to neighborhood character, need for alternatives, substantiality, and environmental impacts) in the negative. The transcript records a motion to approve the area variance with the condition that minutes be forwarded; the available segments show a voice vote was taken but do not capture a roll‑call tally in the transcript excerpt.
Supporters argued the increase fits the neighborhood character and provides additional rental housing; board members flagged wetlands as a non‑board jurisdictional concern that should be resolved by planning staff and appropriate agencies before final permitting. The transcript does not record detailed conditions beyond forwarding the minutes and the SEQR classification, nor does it capture a final, itemized vote tally.
The board moved on to the next agenda items following the discussion.
