Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Wetland Buffer topic
No spam. Unsubscribe anytime.
Morningside Acres granted variance after DEC wetland-buffer rule reduced buildable acreage
Summary
After DEC updates placed 100-foot buffers around wetlands, Morningside Acres sought an area variance to exclude that buffer from lot-area calculations so three additional bungalow units could be built; the board found no environmental harm and approved the request as a SEQR Type II action provided no construction occurs in the wetland.
The board approved an area-variance request from Morningside Acres on July 14 to exclude DEC’s newly applied 100-foot wetland buffer from net acre calculations, allowing the applicant to build three additional bungalow-colony units after combining two parcels.
Joel Kohn said the applicant acquired an adjoining parcel in 2023 and, because DEC regulatory changes now place a 100-foot buffer around wetlands, the buildable net acreage decreased; excluding that buffer from the calculation was required to achieve the previously planned density. Kohn told the board no building will occur inside the wetland and that the use is permitted in the HC-2 zone.
Town staff and the board reviewed SEQR; Attorney Vegliante advised the application qualifies as a Type II action provided construction does not occur in the wetland buffer. By the board’s vote the variance was approved, with board members finding no adverse physical or environmental effects and determining the request was not self-created in a way that bars relief.
