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Zoning, septic and water tests complicate developer plans
Summary
Board and staff told Phoenicia Trail Homes’ applicants that code limits and public-health requirements — including a 15-unit public-water threshold and a 72-hour county water test — create contingent steps before long-term rental or larger developments could proceed.
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Planning staff told the applicants that the town’s zoning and county health regulations will shape which redevelopment path is practicable. Staff noted the parcel sits largely in Residential 1.5 with Highway Business at the front, and that watershed constraints limit buildable areas.
The applicants were told a public water supply would be required if the project reached 15 or more units; the presenter also said Ulster County would require a 72-hour water test if the site establishes a new public water source. “The 72 hour water test that the Boston County Health Department wants,” the presenter said when describing the health-department contingencies. Board members emphasized the need to confirm septic capacity and whether existing approvals would carry forward under current code.
Board members and staff advised applicants to confirm approvals with the Ulster County Health Department and DEP as needed before proceeding with larger designs; cluster subdivision pathways were discussed as the only code-compliant route for attaining long-term housing without triggering a public-water requirement.

