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Board flags recent wetlands rule changes and completes environmental procedure for ADU review
Summary
Planning board members discussed a recent court decision annulling new freshwater wetland regulations and the need to consider those changes during SEQRA/lead-agency reviews; the board completed its short EAF and declared the action Type 2/no significant impact where appropriate.
Members of the Shandaken Planning Board discussed recent state-level developments affecting wetlands regulation and finished required local environmental review steps for items on the agenda. A board member noted the court had struck down new freshwater wetland regulations; members said the DEC did not appeal and that new processes for identifying and classifying wetlands are expected.
The board completed SEAF Part 2 for the ADU application and discussed whether the project should be considered a Type 2 action (categorical exclusion). A motion to declare the action Type 2 or to record a finding of "no or small impact" passed after board discussion. Members also discussed referring applications to the county planning board per GML because the site is on Route 28 and confirmed that notice and referral procedures would be followed.
Board members said they would keep abreast of changing wetlands rules and attend webinars; one member offered to circulate a webinar link about the recent freshwater wetlands decision. The board emphasized incorporating any new guidance into future lead-agency and SEQRA determinations.
