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Forestburgh imposes six-month moratorium on large subdivisons

Patricio Robayo - Staff Writer
Posted 10/15/18

FORESTBURGH — A six-month moratorium on major subdivisions is now in place for the Town of Forestburgh.

“The reason we are doing this [is because] the Zoning and Planning Board are rewriting …

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Forestburgh imposes six-month moratorium on large subdivisons

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FORESTBURGH — A six-month moratorium on major subdivisions is now in place for the Town of Forestburgh.

“The reason we are doing this [is because] the Zoning and Planning Board are rewriting the rules for subdivisions and we are very close to having that established,” explained Forestburgh Town Supervisor Dan Hogue Jr. “This halts the process right now, so we put all of our ducks in a row...,” Hogue later added.

After the public hearing on October 4—where no one came forward to speak—the Local Law 4 of 2018 was unanimously passed with four votes. The six-month moratorium now is in effect.

This moratorium will not affect any current applications under review but only applications that are submitted after October 4. The six-month moratorium will pause the processing or approval of applications for building permits; special use permits; special permits; variances; site plan approvals and subdivision approvals for large subdivisions.

Furthermore, the large subdivision moratorium will halt any Planned District Development (PDD) and approvals related to the undertaking establishment; placement; development; excavation; enlargement; construction or erection of any significant subdivisions in Forestburgh for five or more lots.

This new local law is subject to review and renewal by the Forestburgh Town Board for two 90 day extensions.

Noise Ordinance

“I think it looks good and we are in good shape,” said Forestburgh Councilman Steve Budofsky referring to the recent noise ordinance.

The town board has been reviewing its Noise Ordinance policy for some time and was ready at the Oct. 4th board meeting to move forward with the policy.

“I think it looks good and noise ordinance is hard to enforce,” said Hogue. “I agree we should have something on the books so we have some recourse if we do get some serious complaints,” added Hogue.

The policy states, “It is unlawful for any person to make, continue, aid, countenance, cause to be made or assist in making any unreasonably loud, disturbing and unnecessary noise between the hours of 8 p.m. to 7 a.m. during the weekday and between the hours of 8 p.m. to 9 a.m. on Sundays or holidays.”

A notice will now go out to the local agencies surrounding Forestburgh that the town wants to be the lead agency for this Type 1 unlisted action under the State Environmental Quality Review Act (SEQR).

In 30 days, if no agency objects, a public hearing can be scheduled for the December town board meeting.

Sketch Plan Review

The Forestburgh Planning Board had suggested to the town board that a Sketch Plan Review Escrow fee be implemented.

“Right now there is no provision in regards to that,” said Forestburgh Planning Board Chairman Richard Robbins. “It has happened where a person will request a sketch plan review and never follows through with the application, and this makes it hard for the town to recoup the expenses the town incurred,” Robbins added.

According to Robbins, a person(s) can ask for a sketch plan review—which is optional—before submitting a formal application to the planning board.

Robbins said the sketch plan should list the layout, plans, and ideas of the project in “broad strokes” and the town engineer and town attorney will then review the proposals and make suggestions to the applicant.

The fees will now be paid by the escrow account instead of the town absorbing the cost if the applicant does not file a formal application with the planning board.

If the applicant does submit an application, the money that is left over will be transferred towards that application.

Likewise, if the applicant does not submit an application after the sketch plan review, whatever money that is left over can be returned to the applicant.

The escrow fee was approved on October 4, and it is not to exceed $500 and will be effective immediately.

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