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Zoning board schedules July 7 public hearing for Wood subdivision 280A variance
Summary
The Goshen Zoning Board of Appeals set a July 7 public hearing on a 280A area-variance request for a three-lot subdivision on a roughly 27.6-acre parcel that would add two dwellings served by a private road; the applicant says paving the private road will improve emergency access and avoid greater wetland impacts.
The Goshen Zoning Board of Appeals voted June 2 to schedule a public hearing for July 7 at 7:30 p.m. on an initial application for the Wood subdivision, a proposal to divide a roughly 27.6-acre parcel into three single-family lots and to serve two new houses from a private road that does not front on a public street.
The board heard a presentation from the applicant’s representative, who identified himself as Brad Cleverly of NJS Engineering. Cleverly told the board the application seeks an area variance under the town’s “280A” standard because the two proposed dwellings would be accessed via a private road rather than a new public road. “Paving this roadway will benefit these existing single-family dwellings and the two proposed single-family dwellings,” Cleverly said, adding that a paved surface would allow emergency services to access the properties “more efficiently and safely.”
Cleverly walked the board through the five criteria the applicant relied upon in support of the variance. He told the board there is a federal wetland that would be crossed by building a public road to municipal standards and said widening a public roadway would cause greater encroachment into steep slopes and wetlands. The applicant concluded the variance is not substantial because two dwellings already use the private road; the topography and wetlands make alternatives infeasible; and tree clearing for the roadway would be minor, he said.
Board members asked several clarifying questions about layout, wetlands and road design. Cleverly confirmed wetlands are present on what the application labels as lot 3 and that lot 2 has no wetlands. He estimated the private road would be “a little over 1,000 feet long,” and said the road would narrow to a 12-foot driveway and widen to 18 feet on curves to meet emergency-vehicle turning needs.
Cleverly told the board his team has repeatedly attempted to contact the fire district for review but had not received a response; he said the applicant will continue to document outreach. A board member said it would be useful for the fire district to weigh in on turnaround and access specifics. The board’s counsel noted that town code does not require fire-department signoff as a precondition for granting an area variance, and that building code and fire code standards govern emergency-access dimensions.
Members also asked whether the existing dwellings that now use the gravel drive would be included in any homeowners’ association and maintenance agreement. Cleverly said the HOA documentation has been submitted to the planning board and is under review; he did not provide a final answer on whether the existing dwellings will be party to the HOA. Board members stressed they want to avoid a future situation in which road maintenance falls to the town absent a private maintenance agreement.
The board set the public hearing for July 7 at 7:30 p.m. to allow the applicant time to complete administrative reviews (including 239 review) and to continue efforts to obtain comment or review from emergency responders. The motion passed by voice vote; members did not provide a numerical roll-call tally on the record.
The hearing will return to the zoning board on July 7; the board’s packet indicates the planning board is also reviewing associated HOA and access documentation ahead of that hearing.
