To: Planning Board, Town of Esopus, NY Date: June 22, 2013
Re: Site Plan Review and Conditional Use Permit for Trevor Schultz( dba Stonewall Farms) 219 Hardenburgh Road Esopus NY SBL 71.1-3-25
We the undersigned petition and request that the requested Conditional Use Permit for the Retreat Center and Farm be denied. The requested uses do not meet the requirements established in Chapter 123, §123-13 paragraphs L, M and O of the Zoning Law of the Town of Esopus. The requested uses do not meet the criteria established in §123-46, paragraph C, subparagraph (1), and subparagraphs (a), (b), ( c), (e)  , and (f) of the Zoning Law of the Town of Esopus. The proposed uses cannot meet the objectives established in §123-47, paragraph B, subparagraphs (1) through (8) of the Zoning Law of the Town of Esopus. In summary, we feel that the change and intensity of use proposed for this property will have a particularly adverse affect on the characteristics of this neighborhood and has great potential both for overwhelming the capacity of the surficial groundwater discharges and exceeding the safe traffic capacity of the town roads. § 123-13. Uses requiring conditional use permits. The uses set forth below shall satisfy the following criteria, in the districts where such a permit may apply, in addition to the criteria set forth in § 123-46 and the relevant standards of the Area and Bulk Schedule. . . . L. Summer cottage colonies. (1) Minimum area. The minimum lot area for a summer cottage or bungalow colony shall be 10 acres. (2) Occupancy. Such bungalows, cabins and cottages shall be designed for occupancy by either one or two families per building. (3) Bulk and density requirements of the site. (a) No building or structure or parking or recreation facility shall be located closer than 100 feet from any lot or street line or the Hudson River or the Rondout Creek. (b) All buildings must be spaced at least 15 feet apart. (c) Maximum site density shall be no greater than two dwelling units per acre. (4) Ownership. The entire site shall be in single, common or corporate ownership and used for recreational and lodging purposes only. (5) Utilities. Water supply and means of wastewater treatment shall be approved by the Ulster County Health Department. (6) Lighting. Outdoor lighting shall be arranged so as to eliminate the glare of lights toward or onto adjacent residential properties. All outdoor lighting, except that which is needed for security purposes, shall be extinguished by 11:00 p.m., local time, or completely shielded from the view of any adjacent property. (7) Noise. Outdoor public address systems, loudspeakers and similar equipment shall be arranged so as to eliminate sound from being heard on any adjacent property and shall only be used between the hours of 8:00 a.m. and 8:00 p.m., local time. M. Children's camps. (1) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line and such shall be effectively screened therefrom as required by the Planning Board. (2) All outdoor lighting shall be arranged so as to eliminate the glare of lights toward nearby residential lots. (3) Public address systems and loudspeakers shall be arranged so as to prevent objectionable sound from being heard on any adjacent property. (4) No structure or part of the site shall be used as a permanent residence, except for one dwelling unit which may be used by the owner or by a caretaker. . . . O. Institutional uses. Certain medical, educational and social service uses that would be classified in SIC Industry Groups 805, 806, 821, 822, 835 and 836 and which would include, but are not limited to, nursing homes and personal care facilities, hospitals, elementary and secondary schools, colleges and professional schools, child day-care centers and nursery schools and nonmedical residential care facilities, such as adult or child foster care homes, transitional service facilities and halfway and group homes, are permitted, subject to the following conditions: (1) No building or part thereof or any parking or loading area shall be located within 100 feet of any street or lot line. . . . (3) The entire lot, except for areas covered by buildings, parking or loading areas shall be suitably landscaped and property maintained. (4) Sufficient exterior illumination of the site shall be required to provide convenience and safety. All such illumination shall be shielded from the view of all surrounding streets and lots. . . . § 123-46. Conditional use permits. Pursuant to an application, either directly or through the Building Inspector, the Planning Board is hereby authorized to issue a conditional permit only for a use specifically listed as requiring such permit in the district in which it is proposed, subject to the following regulations and procedures: . . . C. Decision and findings. (1) Criteria for decisions. The Planning Board shall only approve the issuance of a conditional use permit if it finds that the following criteria have been met: (a) That any specific standards set forth for the proposed use in § 123-13 have been satisfied and that the objectives for site plan review set forth in § 123-47 have been achieved. (b) That all proposed structures, equipment or material shall be readily accessible for fire and police protection and shall be adequately served by sewage disposal and water supply facilities and recreation facilities. (c) That the proposed use is of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated and will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties. . . . (e) That, in addition to the above, in the case of any use located in or directly adjacent to a residential district:  The location and size of such use, the nature and intensity of operations involved in or conducted in connection therewith, its site layout and its relation to access streets shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection therewith will not be hazardous inconvenient or incongruous with said residential district or conflict with the normal traffic of the neighborhood.  The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of screening and landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or diminish the value thereof. (f) That all proposed means of stormwater management, erosion and sediment control and site disturbance have been taken, and that the applicant's plan for same has been designed in accordance with the provisions of Chapter 106 of this Code and with the approval of the Town's Stormwater Management Officer. If an SWPPP is not required, the subdivision plan will include global positioning system (GPS) reference data for stormwater outfalls and permanent structures built in accordance with the New York State Stormwater Management Design Manual. [Added 11-15-2007 by L.L. No. 9-2007] . . . § 123-47. Site plan approval. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the plans approved by the Planning Board. . . . B. Objectives. In considering and acting upon site development plans, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the public in general and of the residents of the immediate neighborhood in particular and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following objectives in particular. (1) That proposed traffic accesses and ways are adequate but not excessive in number, adequate in width, grade, alignment and visibility, not located too near street corners or other places of public assembly and conform to similar safety considerations. (2) That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots. (3) That all parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. (4) That all existing trees, wooded areas, watercourses and other natural features shall be retained to the maximum extent possible consistent with the development plan. (5) That all outdoor lighting is of such nature and so arranged as to preclude the diffusion of glare onto adjoining properties and streets. (6) That all drainage systems and the internal water and sewer systems are adequate and that all connections to Town systems are in accordance with Town standards. (7) That the site plan and building design accommodate the needs of the handicapped and are in conformance with state standards for construction concerning the handicapped. (8) That the site plan and building design consider the conservation of energy.