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Planning Board denies Morningside Acres modification and refers project to ZBA
Summary
The Board denied the Morningside Acres site-plan modification and lot-combination request because DEC's new 100-foot wetland buffer reduced buildable acreage and created a need for variances; the Board referred the project to the Zoning Board of Appeals.
The Planning Board voted on June 10 to deny the Morningside Acres modification application and refer the project to the Zoning Board of Appeals after changes to DEC regulations created a new 100-foot wetland buffer that reduced the site's net buildable acreage.
Joel Kohn, the project representative, explained the applicant had acquired an adjoining parcel and sought to combine parcels and add three units; however, he said new DEC jurisdiction and the required 100-foot buffer must now be excluded from net acreage, triggering a variance. Water/Sewer Superintendent Mike Messenger advised the Board that, if the property is in the Town sewer district, the applicant should connect. After discussion, Michael Hoyt moved and Drew Taylor seconded a motion to deny and refer the project to the ZBA; the Board voted unanimously in favor.
Why it matters: The DEC determination has regulatory impact, reducing buildable area and making the proposed addition of units subject to a variance process before the ZBA.
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