Planning Board grants negative declaration and preliminary approval for five-lot subdivision at 68 Chapel Road

The Town of Newburgh Planning Board voted unanimously May 7 to adopt a negative declaration under SEQRA and grant preliminary approval for a five-lot subdivision at 68 Chapel Road, a project presented by Ryan Smithem of MNTM Engineering.

The decision clears the project to proceed to required agency reviews, board members said. "The project site is approximately six and a quarter acres in size," Smithem told the board during his presentation, noting the plan creates four new lots served by individual subsurface sanitary disposal systems and connections to municipal water. The proposal calls for two common driveways, each serving two lots, with the existing dwelling retaining its current driveway.

Town engineer Pat Hines told the board that because municipal water is available the R-2 minimum lot size is 17,500 square feet and that "all of these lots are larger" except for one that is close to the threshold. Hines also outlined the next technical steps: Orange County Department of Health field review and approval of each septic system, submission of a Storm Water Pollution Prevention Plan and DEC stormwater coverage where applicable, delineation of limits of disturbance in the field with construction fencing, and a Driveway Maintenance Agreement for the common drives.

Planning Board attorney Dominic Cordisco recommended the board close the public hearing and consider a negative declaration; following motions by board members, a roll-call vote was unanimous. The motion to close the Public Hearing was made by John Ward and seconded by Clifford Browne. The motion to declare a negative declaration and grant preliminary approval was moved by David Dominick and seconded by Stephanie DeLuca. Roll-call votes were recorded as all "Aye." The board noted the approval is preliminary and conditioned on the applicant addressing advisory comments and completing the required external reviews.

During the public comment period, nearby residents asked about zoning and site constraints. One resident, John, asked whether older zoning rules still applied to nearby three-acre lots; Mr. Hines explained minimum lot sizes change when municipal water is available and that other environmental constraints could affect feasibility. Another resident, Mike, asked about wet areas and leach-field siting; Smithem and Hines said septic systems are sited on higher ground and that the County Health Department will verify soil testing in the field.

The board’s action allows the applicant to pursue Orange County and other agency approvals needed for final conditional approvals; the applicant was asked to forward draft common-easement documents to the board attorney as a next step. The board noted that conditional final approval will include several conditions identified during the review.