Preview
FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/30/2020
Town of Marbletown Planning Board
1915-1925 Lucas Avenue
Cottekill, New York 12419
(845) 687-7500 Ext. 171
RESOLUTION CONFIRMING FINAL CONDITIONAL SUBDIVISION
APPROVAL FOR PHASE IV OF DUCHESS FARM EQUESTRIAN
COMMUNITY, LLC SUBDIVISION SUBJECT TO CERTAIN CONDITIONS
Tax Map Number 69.2-5-22.120 in High Falls, New York
WHEREAS, the property that is the subject of this resolution is identified on the Town
of Marbletown tax maps as Section/Block/Lot 69.2-5-22.120, owned by Duchess Farm
Equestrian Communi'y, LLC, located on Warren Way in the R-1 zoning district in High Falls,
Ulster County, New York. The present application is for the approval of Phase IV of the
development of +/-90 acres that was prelimiñarily approved to be subdivided into no more than
26 lots, and where approximately half of the origiñal acreage will be preserved as open space and
agriculture; and
WHEREAS, the Town of Marbletown Pimñiñg Board received an application for Final
Subdivision Plat approval of Phase IV from Kirk Rother, P.E and Colin Houston, P.L.S. the
sponsors of the project for Duchess Farm Equestriañ Ccmmuni'y, LLC (the "Applicant"), entitled
IV,"
the "Duchess Farm Equestrian Ccss::i'y, LLC Final Plat Phase consisting of 3 sheets
which depicts Lots 14 through 20 as Phase IV; and
WHEREAS, a public hearing on the preliminary subdivision plat was held on February
27, 2007 at the Town of Marbletown Town Hall in Stone Ridge, New York and was closed on
February 27, 2007; and
WHEREAS, pursuant to the State Environmental Quality Review Act ("SEQR") the
Marbletown Board, as lead determined on or about August 2006 and re-
Planning agency, 9,
affirmed on December 9, 2009 prior to approval of Phase II that the proposed action is an
Unlisted Action; and
WHEREAS, on or about August 9, 2006 and December 9, 2009, the Planning Board
found that the Project would have a n!:ims! enviroñmcñtal impact on such wetlands and plant
and animal species at the site due the unique design and preserved open spaces; and
WHEREAS, the Board required proof that the Applicant has submitted an RMA and
CPS-7 documentation to the Attorney Gcñcrals Securities Bureau; and
WHEREAS, on or about March 14, 2007, the Board issued preliminary approval of the
Overall Development Plan, which plan consisted of Sheets #1 through #13; and
WHEREAS, said Plan was filed with the Ulster County Clerk's Office on April 26, 2007
FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/30/2020
as Map Number 07-126 A-M; and
I"
WHEREAS, Phase IV on the "Final Plan Phase approved on or about March 14, 2007
depicted future Lots 14 through 25; and
WHEREAS, the final subdivision of the Duchess Farm Equestrian Commañity, LLC
Phase IV last revised October 6, 2017 iiidicates a reduction in the number of lots and now
consists of 7 lots (Lot Nos. 14 through 20); and
WHEREAS, the Board determined that the revised Phase IV was in conformance with
the preliminary subdivisi0ñ plat, as no new environmental illipacts had been created and as such,
there was no need to hold an additional public hearing; and
WHEREAS, in accordance with Section 169-30 of the Town of Marbletown subdivision
regulations, the Plaiiniñg Board determined that the final plat for Phase IV is in substantial
conformance with the approved preliminary plat, and
WHEREAS, the original Subdivision Approval contained a condition requiriiig that deed
descriptions be provided for Lots 26 and 27, and
WHEREAS, Phase IV only consisted of Lots No. 14 through 20 and the condition
attached to the initial approval is eliminated since Lots 26 and 27 do not exist.
NOW, THEREFORE, BE IT RESOLVED, that the condition previously required on
the original approval no longer applies and the prior Resolution as approved is hereby confirmed.
NO WRITTEN OR VERBAL NOTICE OF THE PENDING EXPIRATION OF THIS
FINAL APPROVAL SHALL BE GIVEN TO THE APPLICANT BY THE PLANNING
BOARD OR ANY OTHER TOWN DEPARTMENT
Dated: December 20, 2017
Moved By: Member Laura Shabe
Seconded By: Vice-Chairman Steve Wood
Resolution Approved with conditions:
Chairman Rich Lanzarone: Aye
Vice-Chairman Steve Wood: Aye
Todd Natale: Aye
Larry Ricci: Absent
Kristopher Lovelett: Aye
Dan Proctor: Aye
Laura Shabe: Aye
Altemate Elisa Tinti: Absent
Motion carried by a vote of 6 Ayes 0 Nays, 0 absent
FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/30/2020
Filed this /O day of January, 2018
J ycÎCain, Deputy Town Clerk
Ll$E K. Mance, Planning Secretary
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Preview
FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/30/2020 Town of Marbletown Planning Board 1915-1925 Lucas Avenue Cottekill, New York 12419 (845) 687-7500 Ext. 171 RESOLUTION CONFIRMING FINAL CONDITIONAL SUBDIVISION APPROVAL FOR PHASE IV OF DUCHESS FARM EQUESTRIAN COMMUNITY, LLC SUBDIVISION SUBJECT TO CERTAIN CONDITIONS Tax Map Number 69.2-5-22.120 in High Falls, New York WHEREAS, the property that is the subject of this resolution is identified on the Town of Marbletown tax maps as Section/Block/Lot 69.2-5-22.120, owned by Duchess Farm Equestrian Communi'y, LLC, located on Warren Way in the R-1 zoning district in High Falls, Ulster County, New York. The present application is for the approval of Phase IV of the development of +/-90 acres that was prelimiñarily approved to be subdivided into no more than 26 lots, and where approximately half of the origiñal acreage will be preserved as open space and agriculture; and WHEREAS, the Town of Marbletown Pimñiñg Board received an application for Final Subdivision Plat approval of Phase IV from Kirk Rother, P.E and Colin Houston, P.L.S. the sponsors of the project for Duchess Farm Equestriañ Ccmmuni'y, LLC (the "Applicant"), entitled IV," the "Duchess Farm Equestrian Ccss::i'y, LLC Final Plat Phase consisting of 3 sheets which depicts Lots 14 through 20 as Phase IV; and WHEREAS, a public hearing on the preliminary subdivision plat was held on February 27, 2007 at the Town of Marbletown Town Hall in Stone Ridge, New York and was closed on February 27, 2007; and WHEREAS, pursuant to the State Environmental Quality Review Act ("SEQR") the Marbletown Board, as lead determined on or about August 2006 and re- Planning agency, 9, affirmed on December 9, 2009 prior to approval of Phase II that the proposed action is an Unlisted Action; and WHEREAS, on or about August 9, 2006 and December 9, 2009, the Planning Board found that the Project would have a n!:ims! enviroñmcñtal impact on such wetlands and plant and animal species at the site due the unique design and preserved open spaces; and WHEREAS, the Board required proof that the Applicant has submitted an RMA and CPS-7 documentation to the Attorney Gcñcrals Securities Bureau; and WHEREAS, on or about March 14, 2007, the Board issued preliminary approval of the Overall Development Plan, which plan consisted of Sheets #1 through #13; and WHEREAS, said Plan was filed with the Ulster County Clerk's Office on April 26, 2007 FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/30/2020 as Map Number 07-126 A-M; and I" WHEREAS, Phase IV on the "Final Plan Phase approved on or about March 14, 2007 depicted future Lots 14 through 25; and WHEREAS, the final subdivision of the Duchess Farm Equestrian Commañity, LLC Phase IV last revised October 6, 2017 iiidicates a reduction in the number of lots and now consists of 7 lots (Lot Nos. 14 through 20); and WHEREAS, the Board determined that the revised Phase IV was in conformance with the preliminary subdivisi0ñ plat, as no new environmental illipacts had been created and as such, there was no need to hold an additional public hearing; and WHEREAS, in accordance with Section 169-30 of the Town of Marbletown subdivision regulations, the Plaiiniñg Board determined that the final plat for Phase IV is in substantial conformance with the approved preliminary plat, and WHEREAS, the original Subdivision Approval contained a condition requiriiig that deed descriptions be provided for Lots 26 and 27, and WHEREAS, Phase IV only consisted of Lots No. 14 through 20 and the condition attached to the initial approval is eliminated since Lots 26 and 27 do not exist. NOW, THEREFORE, BE IT RESOLVED, that the condition previously required on the original approval no longer applies and the prior Resolution as approved is hereby confirmed. NO WRITTEN OR VERBAL NOTICE OF THE PENDING EXPIRATION OF THIS FINAL APPROVAL SHALL BE GIVEN TO THE APPLICANT BY THE PLANNING BOARD OR ANY OTHER TOWN DEPARTMENT Dated: December 20, 2017 Moved By: Member Laura Shabe Seconded By: Vice-Chairman Steve Wood Resolution Approved with conditions: Chairman Rich Lanzarone: Aye Vice-Chairman Steve Wood: Aye Todd Natale: Aye Larry Ricci: Absent Kristopher Lovelett: Aye Dan Proctor: Aye Laura Shabe: Aye Altemate Elisa Tinti: Absent Motion carried by a vote of 6 Ayes 0 Nays, 0 absent FILED: ULSTER COUNTY CLERK 11/30/2020 04:09 PM INDEX NO. EF2020-1019 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/30/2020 Filed this /O day of January, 2018 J ycÎCain, Deputy Town Clerk Ll$E K. Mance, Planning Secretary