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Planning Board authorizes Health Department review as CFB Realty works through drainage and DEC issues on 14‑lot plan
Summary
The Board on April 2 authorized MHE to send a cover letter to the Orange County Health Department so the Department may begin reviewing the proposed water main extension while the applicant continues design revisions; the Board also flagged outstanding DEC wetland jurisdiction, drainage‑district layout, pump station ownership and tree‑preservation calculations.
David Niemotko, representing CFB Realty, presented revisions to the 14‑lot subdivision at 121 Wells Road, including added detention and retention ponds and sewer/water extension designs. He told the Board the layout is essentially unchanged but stormwater and utility designs have advanced.
Pat Hines (MHE Engineering) listed a series of outstanding and substantial issues: DEC permits are needed for wetland impacts and grading in the DEC‑regulated adjacent area; DEC review and approval will also be required for the sewer‑main extension; Orange County Health Department approval is required for the water main extension; tree preservation requires documented calculations to show compliance; and the Town’s drainage policy requires storm‑water infrastructure to be located on a drainage‑district lot so the Town can manage long‑term maintenance. Hines also raised concerns about 10 individual pump stations proposed to serve houses and said those systems usually require a long‑term maintenance arrangement with the proprietary pump company or homeowner responsibility.
Board counsel Dominic Cordisco recommended another plan revision round prior to scheduling any public hearing because the engineering and code compliance issues remain substantial, especially the need to bring storm‑water facilities onto a properly dedicated drainage‑district lot. The Board discussed the possibility of submitting the project to DEC and the Health Department while plan changes continue. Hines said the applicant may submit to DEC at any time, but the Health Department often requests a Planning Board referral before beginning its review. The Board then voted to authorize MHE (Pat Hines) to submit a cover letter to the Health Department stating the Planning Board had no exception to Health beginning its technical review, enabling the applicant to seek agency comments while the Town’s technical review continues.
Chairman Ewasutyn and members advised the applicant to secure qualified consultants to address outstanding engineering tasks so staff time is not used for applicant design work. Niemotko said the team would proceed with DEC and Health Department submissions and coordinate with Pat Hines.
Next steps: the applicant will refine plans to address drainage‑district lot placement, easement connectivity and pump‑station ownership/maintenance documentation; the applicant may pursue DEC submissions; and Planning staff (via Hines) will send the authorized cover letter to the Health Department to trigger its review process.
