Fallsburg Planning Board approves one-year special permit for Church Road dormitories after engineers confirm code fixes

The Fallsburg Planning Board voted to grant a one-year special permit and site-plan approval for dormitory-style operations at properties listed as 40 and 44 Church Road after staff and the applicant’s engineers reported that prior code violations had been addressed.

Board staff read a lengthy resolution and a checklist of pre-occupancy requirements the applicant had to satisfy. Arthur, a Fallsburg staff member, said the list included correction of structural issues, installation and testing of sprinkler and fire-alarm systems, completion of ADA-related improvements where required, evidence of required county and New York State Department of Health permits, and road and site upgrades (including an upgraded entrance sufficient for emergency apparatus). For the record, TJ, the town’s code enforcement officer, confirmed on the record that the items to be verified by code enforcement had been completed.

Engineers who inspected the site told the board they had analyzed each building’s sprinkler requirements under NFPA standards and had completed hydraulic calculations. They reported the sprinkler installations were in place and that on-site pressure allowed the system to function without an elevated tank or booster pump. The engineers said pressure testing conducted the same day showed the systems had passed and that smoke alarms were installed as an interconnected system required for this occupancy type.

Staff also read operational and post-occupancy conditions the board attached to the temporary permit: periodic inspections by the Fallsburg building department during summer operation; limits on the number of students permitted to sleep on the properties (the record lists caps for each address); the gate at 40 Church Road must remain locked with emergency access provided to the Mountain Vale Fire Department; exterior lighting must be dark-sky compliant; quiet hours of 10 p.m. to 7 a.m. must be observed; and no outdoor amplified speakers or public visiting days are permitted. The resolution makes the permit revocable and requires the applicant to file a new application with the board by Jan. 1, 2027, to demonstrate continued compliance.

A board member asked whether every building on the property had to meet ADA standards. Staff clarified that not every building on a multi-building property must be fully ADA compliant so long as the property provides the required number/portion of accessible units or spaces; staff said at least one building was brought into compliance and ramps and interior changes had been completed where required.

The board took a motion to approve the site-plan review and special-permit applications and, after a second, the chair announced the application was approved. The transcript does not record a roll-call tally in the minutes. Staff said they would stamp final plans and circulate updated documents; staff also provided caretaker contact information in the record (primary caretaker listed as "Pesky Banks" with 347-668-2754 and a secondary on-site contact at 929-326-5991).

The board’s approval is temporary and conditioned on meeting the listed requirements before any certificates of occupancy are issued and on continuing compliance during the permit year.