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	<title>Pine Plains United &#187; Carvel/Durst Updates</title>
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	<description>Have your say in how Pine Plains Grows</description>
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		<title>Town Consultants&#8217; Memo on Carvel/Durst NND Pre-Application</title>
		<link>http://www.pineplainsunited.org/town-consultants-memo-on-carveldurst-nnd-pre-application/</link>
		<comments>http://www.pineplainsunited.org/town-consultants-memo-on-carveldurst-nnd-pre-application/#comments</comments>
		<pubDate>Tue, 30 Mar 2010 20:46:02 +0000</pubDate>
		<dc:creator>Gregg</dc:creator>
				<category><![CDATA[Carvel/Durst Updates]]></category>
		<category><![CDATA[Expert Testimony]]></category>

		<guid isPermaLink="false">http://www.pineplainsunited.org/?p=146</guid>
		<description><![CDATA[As per the Town’s zoning regulations, the submission of a NND floating zone petition application requires that the applicant appear before the Town Board and Planning Board at a pre- application meeting. The purpose of the first meeting is to:

 solicit preliminary non-binding comments of the Town Board and Planning Board with regard to the [...]]]></description>
			<content:encoded><![CDATA[<blockquote><p>As per the Town’s zoning regulations, the submission of a NND floating zone petition application requires that the applicant appear before the Town Board and Planning Board at a pre- application meeting. The purpose of the first meeting is to:</p>
<ul>
<li> solicit preliminary non-binding comments of the Town Board and Planning Board with regard to the consistency of the NND proposal with the criteria set forth in §100-28.B;</li>
<li>identify any issues that would need to be addressed during the NND review process; and</li>
<li>review a sketch plan that conveys conceptually the use and site improvements being proposed.</li>
</ul>
</blockquote>
<p><a href="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2010/03/consultants-memo.pdf">Download the PDF</a></p>
]]></content:encoded>
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		<item>
		<title>Durst NND Pre-Application Update</title>
		<link>http://www.pineplainsunited.org/durst-nnd-pre-application-update/</link>
		<comments>http://www.pineplainsunited.org/durst-nnd-pre-application-update/#comments</comments>
		<pubDate>Fri, 19 Mar 2010 15:38:03 +0000</pubDate>
		<dc:creator>Gregg</dc:creator>
				<category><![CDATA[Carvel/Durst Updates]]></category>

		<guid isPermaLink="false">http://www.pineplainsunited.org/?p=139</guid>
		<description><![CDATA[The Town Board and Planning Board held a joint session this past Tuesday to submit comments to the Durst Corporation on their pre-application submission for a New Neighborhood Development designation under the newly adopted Zoning Regulations. The 18 different criteria for NND status were reviewed and commented on individually over the course of the meeting. [...]]]></description>
			<content:encoded><![CDATA[<p>The Town Board and Planning Board held a joint session this past Tuesday to submit comments to the Durst Corporation on their pre-application submission for a New Neighborhood Development designation under the newly adopted Zoning Regulations. The 18 different criteria for NND status were reviewed and commented on individually over the course of the meeting. Many important issues were raised so that the applicant can address them prior to submitting their final application.</p>
<p>Following the review of the individual criteria, the newly elected town board member Sandra David read her comments in full into the record, speaking more broadly to the issues at hand. Plainly stated, the purpose of the NND is to allow our community to negotiate with the developer and issue bonus units insofar as there are correlating community benefits. Her comments speak directly to the open question of whether or not the Durst Development will benefit our community or not. It is a must read. Please forward widely.</p>
<h3>Sandra David&#8217;s comments on  the Durst pre-application for an NND.</h3>
<p><em>March 16, 2010</em> – My comments tonight will be  to give a broad brush response to what Jennifer Van Tyle characterized  as a broad brush approach to the pre-application.  Although, as  a group I believe we will be reviewing the 18 criteria that we must  consider before approving the NND, I would like to address the issues,  on balance, that need to be considered when assessing the benefits to  the Town of Pine Plains.  All  residents want what is BEST  for the Town.  What that “BEST” is will be the debate during  this process.</p>
<p><span id="more-139"></span>It is my understanding that  the purpose of creating an NND is so the Town will achieve more  environmentally  and socially desirable development, as well as gain more economic  benefits  than a conservation subdivision can provide.  Since the NND was  tailored for the Durst project, indeed even changing the outline of  the Pine Plains hamlet to extend to the Durst land, it is now an  opportunity  for the Dursts to reward us with a really creative, innovative project  that will benefit the town for many years to come.  I would like  to see some sort of mechanism for the residents of the town to give  the Durst&#8217;s their ideas and feedback for a project that citizens can  really get behind.</p>
<p>The question for the Town  is not growth vs no growth.  There will be the potential for a  great deal of growth whether or not we approve the NND.  With an  NND plus incentives, which by the way are discretionary, we are looking  at the maximum of 572 new residences.  With a standard conservation  sub-division dictated by our new zoning law, with incentives only for  affordable housing, we are looking at about 370 homes.  The question  is what the Town of Pine Plains will be getting in return for those  extra 200 homes and how it will benefit the town environmentally,  economically  and socially.  Indeed we have to ask if those extra 200 homes could  actually hurt the town environmentally, economically and socially and  how the disadvantages balance out with the proposed benefits.</p>
<p>I should clarify at this point  that the benefits for NND approval are basically spelled out in those  18 criteria on page 42 of the zoning law.  Those benefits are in  return for much higher density than that found in a conservation  subdivision.   The benefits for “incentive units” should be different from, and  in addition to, the benefits given for NND status.  I would ask  that the benefits for NND status be distinguished from the benefits  given for incentive units.  These should be large benefits, not  tokens.</p>
<p>Another concern I have deals  with the goals of the Comprehensive Plan.  If and when the applicant  submits a formal zone petition for an NND, (see page 45) that petition  MUST be in accordance with procedures set forth in Article XVII,  Amendments  of this Zoning Law.  On page 176-7 Article XVII  REQUIRES  that the applicant adhere to the Comprehensive Plan.  Some of the  Goals and Strategies listed in Chap. 11 of the Comprehensive Plan are  farmland protection, rural character, future growth consistent with  rural character, maintenance of PP Hamlet as Town center, historic  preservation,  etc.  I would ask that your plan better adhere to the goals of  the Comprehensive Plan.  At this point, many, if not most of those  goals are ignored.</p>
<p>I think a subject dear to the  hearts of most people in Pine Plains are taxes and jobs.  Before  we are willing to give up the rural character of the town and look at  houses perched on the ridge lines, there have to be big time economic  benefits.  To quote from p. 29 of the Comprehensive Plan “Pine  Plains has continually had one of the lowest unemployment rates in New  York State.  In 1980, there were 43 unemployed persons in the Town  (an unemployment rate of 4.5%).  According to the US Census, the  town&#8217;s unemployment rate was 3.7% in 1990, lower than the country&#8217;s  figure of 4.2%.  It was about the same in 2000(4.1%).  The  low unemployment rate in both the town and county (3.6% in 2000)  indicate  a strong employment base in the area.”  Everyone is hurting more  in 2010 in this poor economy, but historically jobs have not been the  issue.  I suspect it is the level and quality of those jobs that  need improving.  I would like to know not only how many jobs will  be added to the town with this development, but what level and kind  of jobs.</p>
<p>Another very important factor  for the people of Pine Plains is taxes.  The Cost of Community  Services Studies by the American Farmland Trust in cooperation with  Cornell indicates that for every dollar collected in taxes, working  and open land use only 37 cents, and residential uses $1.19.  The  “COCS studies conducted over the last 20 years show working lands  generate more public revenues than they receive back in public  services.   Their impact on community coffers is similar to that of other commercial   and industrial land uses.  On average, because residential land  uses do not cover their cost, they must be subsidized by other community   uses.  Converting agricultural land to residential land use should  not be seen as a way to balance local budgets”.  In other words,  residential development uses up more money than it gives back in taxes.    Additionally, that fiscal deficit <span style="text-decoration: underline;">increases linearly with each new  residence according to the fiscal</span> impact study prepared by Phillips,   Preiss, Shapiro Associates, Inc. (for PPU 2006).  Thus, the more  residences built, the higher the fiscal deficit  for the Town.</p>
<p>You might say that because  your houses will be marketed to high end second home owners that would  not be the case.  However, there is no guarantee your units will  be second homes, and even if it were the case, there are pitfalls to  that scenario as well. Very high end homes can result in huge state  aid cuts to our schools based on the towns perceived needs.  We  have just witnessed this in Pine Plains.  Our taxes are bound to  go up.</p>
<p>Another potential financial  cost to the town may very well be the management of the open spaces,  and conservation lots.  I have just started my research on conservancy  stewardship, but have been told by some land trust organizations that  they would never consider taking on that stewardship the way your  project  has been designed.  If you are not able to find a conservancy group  to manage the open and conservation spaces, it would be left to the  town to maintain and enforce.  It is my understanding that this  is not cheap and could end up costing our town quite a bit of tax  dollars.</p>
<p>Economic development is also  very important to our town and the establishment of economic development   can earn you some incentive units.  What you have proposed in this  pre-application is the establishment of a club house that will not be  used by the residents of Pine Plains.  The golf course and Vintage  Woods are already there.  So, where&#8217;s the beef?  Will the tax revenues  from these businesses offset the costs of maintaining the infrastructure   that is needed for this project for years to come?  What happens  when the golf course fails?  Golf courses are failing all across  America and this one is in the cold North East.</p>
<p>We need a thorough market  feasibility  study to explore the viability of this project as well as a very  thorough,  independent fiscal impact study.  It is imperative this project  doesn&#8217;t end up costing Pine Plains tax dollars, either in the short  term or long term.</p>
<p>This NND is an opportunity  to do something really exciting that will benefit the town for many  years. I&#8217;m open minded to a project that is innovative and stimulating  and will create a magnet for recreational and agricultural tourists.   I&#8217;d like to see a project that will link the NND to the Towns hamlet,  both physically and socially.  Do something that will enhance your  reputation as a cutting edge developer who really cares about the town  that has bent over backwards for you.  As is, I fear the plan will do  nothing but burden the town with taxes, all the while compromising its  rural character.</p>
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		<title>Durst Begins New Neighborhood Development Process</title>
		<link>http://www.pineplainsunited.org/durst-begins-new-neighborhood-development-process/</link>
		<comments>http://www.pineplainsunited.org/durst-begins-new-neighborhood-development-process/#comments</comments>
		<pubDate>Sat, 30 Jan 2010 16:20:17 +0000</pubDate>
		<dc:creator>Gregg</dc:creator>
				<category><![CDATA[Carvel/Durst Updates]]></category>

		<guid isPermaLink="false">http://www.pineplainsunited.org/?p=123</guid>
		<description><![CDATA[Now that the zoning law has been enacted by the Pine Plains Town Board, the Durst Organization is beginning the application process for a New Neighborhood District zoning change.  Doing so entails some very slight revisions to the project layout from the second version of the project.  You can view the “pre-application” project material (including [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2010/01/carvel-map.jpg"><img class="alignleft size-medium wp-image-137" title="Updated Carvel Map" src="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2010/01/carvel-map-300x209.jpg" alt="The new proposal tries to maximize the number of units allow for under the New Neighborhood Development section of the Zoning Law. The new number is 572." width="300" height="209" /></a>Now that the zoning law has been enacted by the Pine Plains Town Board, the Durst Organization is beginning the application process for a New Neighborhood District zoning change.  Doing so entails some very slight revisions to the project layout from the second version of the project.  You can view the “pre-application” project material (including maps) on the town website at <a href="http://pineplains-ny.gov/content/Generic/View/8">http://pineplains-ny.gov/content/Generic/View/8</a>.  The maximum number of units allowed on the whole property would be 624 (572 in Pine Plains and 52 in Milan). Durst has decided to take the option of paying the affordable housing fee (in lieu of building the 42 affordable units) to a dedicated affordable housing fund that will be set up by the town.  The above numbers of units on the property include the “previously approved” subdivision lots in both Milan and Pine Plains, the maximum number of bonus units allowed for in the zoning and the base net yield of units as outlined in the NND section of the zoning law.  Some of the bonus units are at the discretion of the town board for various community and commercial benefits provided by the developer; so the actual final number is not yet determined.<span id="more-123"></span></p>
<p>After the overwhelmingly negative reaction from the public and many experts representing PPU, Scenic Hudson, the Dutchess Land Conservancy, the county planning office and even the State Department of Environmental Conservation in the series of public hearings held in the spring of 2008; the Carvel/Durst team had submitted a major revision of their original large golf development proposal to the Planning Board.  Work on this new “preferred” alternative plan initially was led by Alexander (Alex) Felson, an expert ecological planner now on the faculty at Yale, and the multinational planning firm EDAW.  This plan had widened buffer zones around important wetlands and vernal pools and has much more dedicated connected open space. It clustered most of the development around the golf course, away from both the Ham Brook and the Route 199 view shed.  The number of housing units was reduced to 648 (576 in Pine Plains, 61 in Milan and 11 on lots that are partly in both towns).  The 18 hole golf course was redesigned with the second nine extending towards 199 on the west side of the property.  There will no longer be an additional 9 hole academy course.  The new NND proposal retains many of the features of this plan, with the layout only slightly revised to cluster it slightly more and a small reduction in the total numbers of units.</p>
<p>The Planning Board also must continue its work on their review of the comments about the original DEIS and reach decisions about what must be done to address them (probably in a Supplemental DEIS).  The redesigned project will probably be part of that process and additional studies may be required as needed, for example, in reviewing the fiscal impacts, school impacts or other environmental impacts and to examine the impacts of the revised layout.</p>
<p>The original proposal was for 951 new units (some houses are already on the property) on 2,200 acres (1,772 acres in Pine Plains and 428 acres in Milan).  The Dursts had also planned 71 additional units on the “previously approved” 99 half acre lot subdivision west of Carvel Lake that was carved out of the original plan (on approximately 55 acres), making the actual original total 1022 new units.  The property is on both sides of 199 beginning just west of the hamlet area of town (including the first farm before you come to the wetlands) and it includes sections on Hicks Hill Rd., Stissing Mountain Rd. and Sherwood Rd. and small sections even cross the Taconic Parkway.  It includes all of the original Carvel Golf Club.  This first proposal included 563 houses and 388 attached units:  526 detached houses on 988 acres in Pine Plains and 37 houses on 142 acres in Milan; and 4 clusters of 358 attached units on 75 acres in Pine Plains and 30 units on 8 acres in Milan.  The overall density of the project in Pine Plains was 2 acres per unit and 2.3 for the whole property.</p>
<p>In addition, the Durst Organization recently purchased a contiguous 98 acre farm on Mt. Ross Road.  This purchase brings the total acreage they own to nearly 2,300 acres.  This recent purchase is not included in the proposal currently before the town.</p>
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		<title>Durst Likely to Have NND Tool for Zoning Exceptions</title>
		<link>http://www.pineplainsunited.org/durst-likely-to-have-nnd-tool-for-zoning-exceptions/</link>
		<comments>http://www.pineplainsunited.org/durst-likely-to-have-nnd-tool-for-zoning-exceptions/#comments</comments>
		<pubDate>Tue, 22 Sep 2009 16:26:04 +0000</pubDate>
		<dc:creator>Gregg</dc:creator>
				<category><![CDATA[Carvel/Durst Updates]]></category>

		<guid isPermaLink="false">http://www.pineplainsunited.org/?p=127</guid>
		<description><![CDATA[ Carvel  (Durst)/Landmark:  After the overwhelmingly negative reaction from the  public and many experts representing PPU, Scenic Hudson, the Dutchess  Land Conservancy, the county planning office and even the State  Department of Environmental Conservation in the series of public  hearings held in the spring of 2008; the Carvel/Durst team [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2008/11/carvel-new.jpg"><img class="alignleft" title="Carvel\'s New Plan" src="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2008/11/carvel-new.jpg" alt="" width="300" height="212" /></a> <strong>Carvel  (Durst)/Landmark: </strong> After the overwhelmingly negative reaction from the  public and many experts representing PPU, Scenic Hudson, the Dutchess  Land Conservancy, the county planning office and even the State  Department of Environmental Conservation in the series of public  hearings held in the spring of 2008; the Carvel/Durst team submitted a  major revision of their large golf development proposal to the Planning  Board.  Work on this new “preferred” alternative plan initially was led  by Alexander (Alex) Felson, an expert ecological planner now on the  faculty at Yale, and the multinational planning firm EDAW.  This plan  has widened buffer zones around important wetlands and vernal pools and  has much more dedicated connected open space. It clusters most of the  development around the golf course, away from both the Ham Brook and the  Route 199 view shed.  The number of housing units is reduced to 648  (576 in Pine Plains, 61 in Milan and 11 on lots that are partly in both  towns).  The 18 hole golf course is redesigned with the second nine  extending towards 199 on the west side of the property.  There will no  longer be an additional 9 hole academy course.<span id="more-127"></span></p>
<p>While this process of redesign and updating the Planning Board on it  continues; the Planning Board must also continue to work on their review  of the comments about the original DEIS and reach decisions about what  must be done to address them.  While the redesign may be part of that  process; additional studies may be required as needed, for example, in  reviewing the fiscal impacts, school impacts or other environmental  impacts.  It is not clear at this time whether the board will require a  Supplemental Environmental Impact Statement based on the revised plan  and/or detailed corrections required to address deficiencies in the data  in the original DEIS. Alternatively the board could proceed directly to  a Final Environmental Impact Statement which must include all the  substantive comments and the responses to them by the developer that  also might include the new plan as a part of the response.</p>
<p>Regardless of which of these choices the Planning Board makes there  are a number of new and revised environmental studies that will need to  be completed to address the criticism of the project expressed in the  2008 hearings and to examine the impacts of the revised layout.  The  experts for Durst and the town have recently met to discuss what  additional studies can be initiated now.</p>
<p>If/when the new zoning law is enacted by the Town Board, the Durst  Organization is expected to apply for a New Neighborhood District zoning  change.  Doing so might entail some additional revisions to the new  plan, although a review of the NND criteria has led us to conclude that  the new plan already meets many of the criteria.  We estimate that the  maximum number of units allowed on the whole property (including 42  affordable units and up to 70 units in Milan) would be approximately  663.  Because Durst has the option of building the 42 affordable units  off site or paying a fee in lieu of building to a dedicated fund for  affordable housing the town will set up, it is more likely that the  development will have about 621 housing units.</p>
<p>The original proposal was for 951 new units (some houses are already  on the property) on 2,200 acres (1,772 acres in Pine Plains and 428  acres in Milan).  PPU recently learned the Dursts had also planned 71  additional units on the “previously approved” 99 half acre lot  subdivision west of Carvel Lake which was carved out of the original  plan, making the actual total 1022 new units.  The property is on both  sides of 199 beginning just west of the hamlet area of town (including  the first farm before you come to the wetlands) and it includes sections  on Hicks Hill Rd., Stissing Mountain Rd. and Sherwood Rd. and small  sections even cross the Taconic Parkway.  It includes all of the  original Carvel Golf Club.  This first proposal included 563 houses and  388 attached units:  526 detached houses on 988 acres in Pine Plains and  37 houses on 142 acres in Milan; and 4 clusters of 358 attached units  on 75 acres in Pine Plains and 30 units on 8 acres in Milan.  The  overall density of the project in Pine Plains was 2 acres per unit and  2.3 for the whole property.</p>
<p>In addition, the Durst Organization recently purchased a contiguous  98 acre farm on Mt. Ross Road.  This purchase brings the total acreage  they own to nearly 2,300 acres.  This recent purchase is not included in  the proposal currently before the Pine Plains Planning Board.</p>
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		<title>Durst Submits Revision on Golf Development</title>
		<link>http://www.pineplainsunited.org/durst-submits-revision-on-golf-development/</link>
		<comments>http://www.pineplainsunited.org/durst-submits-revision-on-golf-development/#comments</comments>
		<pubDate>Sun, 02 Aug 2009 16:31:26 +0000</pubDate>
		<dc:creator>Gregg</dc:creator>
				<category><![CDATA[Carvel/Durst Updates]]></category>

		<guid isPermaLink="false">http://www.pineplainsunited.org/?p=132</guid>
		<description><![CDATA[Carvel (Durst)/Landmark: After the overwhelmingly negative reaction from the public and many experts representing PPU, Scenic Hudson, the Dutchess Land Conservancy, the county planning office and even the State Department of Environmental Conservation in the series of public hearings held in the spring of 2008; the Carvel/Durst team submitted a major revision of their large [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2008/11/carvel-new.jpg"><img class="alignleft size-medium wp-image-75" title="Carvel's New Plan" src="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2008/11/carvel-new.jpg" alt="" width="300" height="212" /></a><strong>Carvel (Durst)/Landmark: </strong>After the overwhelmingly negative reaction from the public and many experts representing PPU, Scenic Hudson, the Dutchess Land Conservancy, the county planning office and even the State Department of Environmental Conservation in the series of public hearings held in the spring of 2008; the Carvel/Durst team submitted a major revision of their large golf development proposal to the Planning Board.</p>
<p><span id="more-132"></span>Work on this new &#8220;preferred&#8221; alternative plan initially was led by Alexander (Alex) Felson, an expert ecological planner now on the faculty at Yale, and the multinational planning firm EDAW. This plan has widened buffer zones around important wetlands and vernal pools and has much more dedicated connected open space. It clusters most of the development around the golf course, away from both the Ham Brook and the Route 199 view shed. The number of housing units is reduced to 648 (576 in Pine Plains, 61 in Milan and 11 on lots that are partly in both towns). The 18 hole golf course is redesigned with the second nine extending towards 199 on the west side of the property. There will no longer be an additional 9 hole academy course. While this process of redesign and updating the Planning Board on it continues; the Planning Board must also continue to work on their review of the comments about the original DEIS and reach decisions about what must be done to address them. While the redesign may be part of that process; additional studies may be required as needed, for example, in reviewing the fiscal impacts, school impacts or other environmental impacts. It is not clear at this time whether the board will require a Supplemental Environmental Impact Statement based on the revised plan and/or detailed corrections required to address deficiencies in the data in the original DEIS. Alternatively the board could proceed directly to a Final Environmental Impact Statement which must include all the substantive comments and the responses to them by the developer that also might include the new plan as a part of the response. Regardless of which of these choices the Planning Board makes there are a number of new and revised environmental studies that will need to be completed to address the criticism of the project expressed in the 2008 hearings and to examine the impacts of the revised layout. The experts for Durst and the town have recently met to discuss what additional studies can be initiated now. If/when the new zoning law is enacted by the Town Board, the Durst Organization is expected to apply for a New Neighborhood District zoning change. Doing so might entail some additional revisions to the new plan, although a review of the NND criteria has led us to conclude that the new plan already meets many of the criteria. We estimate that the maximum number of units allowed on the whole property (including affordable units and the units in Milan) would be approximately 661. The original proposal was for 951 new units (some houses are already on the property) on 2,200 acres (1,772 acres in Pine Plains and 428 acres in Milan). PPU recently learned the Dursts had also planned 71 additional units on the &#8220;previously approved&#8221; 99 half acre lot subdivision west of Carvel Lake which was carved out of the original plan, making the actual total 1022 new units. The property is on both sides of 199 beginning just west of the hamlet area of town (including the first farm before you come to the wetlands) and it includes sections on Hicks Hill Rd., Stissing Mountain Rd. and Sherwood Rd. and small sections even cross the Taconic Parkway. It includes all of the original Carvel Golf Club. This first proposal included 563 houses and 388 attached units: 526 detached houses on 988 acres in Pine Plains and 37 houses on 142 acres in Milan; and 4 clusters of 358 attached units on 75 acres in Pine Plains and 30 units on 8 acres in Milan. The overall density of the project in Pine Plains was 2 acres per unit and 2.3 for the whole property. In addition, the Durst Organization recently purchased a contiguous 98 acre farm on Mt. Ross Road. This purchase brings the total acreage they own to nearly 2,300 acres. This recent purchase is not included in the proposal currently before the Pine Plains Planning Board.</p>
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		<title>PPU Lawyer&#8217;s and Other Expert Testimony in Response to Zoning Proposal</title>
		<link>http://www.pineplainsunited.org/ppu-lawyers-response-to-zoning-proposal/</link>
		<comments>http://www.pineplainsunited.org/ppu-lawyers-response-to-zoning-proposal/#comments</comments>
		<pubDate>Fri, 15 May 2009 19:51:40 +0000</pubDate>
		<dc:creator>Gregg</dc:creator>
				<category><![CDATA[Carvel/Durst Updates]]></category>
		<category><![CDATA[Expert Testimony]]></category>

		<guid isPermaLink="false">http://www.pineplainsunited.org/?p=85</guid>
		<description><![CDATA[Comments delivered to the Town Board relating to the Zoning Proposal submitted for public review. The comments center mainly around the New Neighborhood District component of the proposed law. Read the letter here.
→ Lyons Testimony on Proposed Zoning
→ Lisa Nagle of Elan Planning and Design&#8217;s Testimony
→ Mark Wildonger of Scenic Hudson&#8217;s Testimony
]]></description>
			<content:encoded><![CDATA[<p>Comments delivered to the Town Board relating to the Zoning Proposal submitted for public review. The comments center mainly around the New Neighborhood District component of the proposed law. Read the letter here.</p>
<p>→ <a href="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2009/06/090417gl.pdf">Lyons Testimony on Proposed Zoning</a></p>
<p>→<a href="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2009/05/042109-n.pdf"> Lisa Nagle of Elan Planning and Design&#8217;s Testimony</a></p>
<p>→ <a href="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2009/05/draftzon.pdf">Mark Wildonger of Scenic Hudson&#8217;s Testimony</a></p>
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		<title>We Need You at the Hearings</title>
		<link>http://www.pineplainsunited.org/we-need-you-at-the-hearings/</link>
		<comments>http://www.pineplainsunited.org/we-need-you-at-the-hearings/#comments</comments>
		<pubDate>Tue, 14 Apr 2009 17:01:06 +0000</pubDate>
		<dc:creator>Gregg</dc:creator>
				<category><![CDATA[Carvel/Durst Updates]]></category>
		<category><![CDATA[Town Boards]]></category>

		<guid isPermaLink="false">http://www.pineplainsunited.org/?p=84</guid>
		<description><![CDATA[The first public hearing for the Draft Zoning Law is this Saturday, April 18th, at 9:30AM at the Lions Club Pavilion (82 Beach Road). We hope you can make it as your input on this far reaching law will have a dramatic impact on the quality of life of all of us here in the [...]]]></description>
			<content:encoded><![CDATA[<p>The first public hearing for the Draft Zoning Law is this Saturday, April 18th, at 9:30AM at the Lions Club Pavilion (82 Beach Road). We hope you can make it as your input on this far reaching law will have a dramatic impact on the quality of life of all of us here in the Pine Plains area. In our last email we made it clear how impressed we were with the hard work the Town Board put into their revision of the Zoning Commission&#8217;s original plan. Generally speaking, the draft zoning law they have come up with is acceptable. It presents needed guidelines and maximum numbers for growth in Pine Plains. It is for the most part consistent with our Comprehensive Plan and is reasonably sensitive to protection of our community&#8217;s environment and rural character by excluding steep slopes and wetlands from build-able acreage, for example. However, there are some flaws in the law as written that are serious enough to threaten to undo many of its benefits. We intend to raise them at the hearings and in our letters to the Town Board:</p>
<ul>
<li> The proposed New Neighborhood Development (NND), which appears on Page 41 of the document, is clearly in conflict with goals of the Comprehensive Plan. By shifting the base density from one unit per five acres, as it is in the rural district, to one unit per three acres, the NND allows for development on a scale and of a density inappropriate to the rural character of Pine Plains. It is a recipe for suburban sprawl and as such is entirely inconsistent with the Comprehensive Plan.</li>
<li>Further, the NND would allow for the creation of an entirely separate hamlet equal in size to the hamlet of Pine Plains (up to 611 or higher), within which some commercial uses would be allowed provided they don&#8217;t compete with businesses presently within the hamlet (just how the town would determine, in any legal fashion, exactly which businesses are competing and which are not is unclear). The Comprehensive Plan states plainly that the historic Pine Plains hamlet is to be the town center and community development must therefore be focused in or adjacent to that center.</li>
<li>While it would seem that the NND concept was created specifically for the benefit of the Durst Carvel Project, it is by no means certain that it would preclude the construction of additional large scale developments. In fact, there are several other large land holdings within town which could be combined to meet the requirements of the NND and thus create a second and possibly a third hamlet-sized development in Pine Plains. Development on that scale is wholly at odds with the Comprehensive Plan.</li>
<li>The NND section of the Draft Zoning Plan should be removed until such a time as language is clarified and the allowable development is of a scale and density consistent with the Comprehensive Plan. Further, the proposed Draft Zoning Law, exclusive of the NND, provides sufficient flexibility to meet the legitimate concerns of both the town and any developer, making the NND provision unnecessary. Given the looseness of its wording and its potential to cause serious, irreversible harm to the community-both unforeseen and foreseeable-the zoning law would be much better without the NND provision.</li>
<li>Some additional concerns. We believe site plan review should include single home parcels as well as multi-unit ones. Our concern for our ridge lines, steep slopes, and open farmland should not end just because a single residence is planned for the site. Also, the same lighting restrictions should be applied to all residential sites, not just ones with multiple units.</li>
</ul>
<p>Please <a href="http://pineplains-ny.gov/content/Generic/View/7">download the Draft Zoning Law</a> if you have not already done so and come to the hearing this Saturday (and the second the following Wednesday evening at 7:30) prepared to voice your concerns. In addition, please put your comments in writing and send them to: Town Supervisor, Town of Pine Plains, Pine Plains Town Hall, 3284 Route 199, PO Box 955, Pine Plains, NY 12567. You have until the close of business day on May 4th to submit your comments.</p>
<p>Thanks and we&#8217;ll see you at the hearings.</p>
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		<title>How to get the zoning we deserve</title>
		<link>http://www.pineplainsunited.org/how-to-get-the-zoning-we-deserve/</link>
		<comments>http://www.pineplainsunited.org/how-to-get-the-zoning-we-deserve/#comments</comments>
		<pubDate>Wed, 08 Apr 2009 15:45:42 +0000</pubDate>
		<dc:creator>Gregg</dc:creator>
				<category><![CDATA[Carvel/Durst Updates]]></category>

		<guid isPermaLink="false">http://www.pineplainsunited.org/?p=82</guid>
		<description><![CDATA[Attend the hearings.
First, a reminder: the public hearings on the proposed Pine Plains Zoning Law are scheduled for Saturday, April 18th at 9:30AM and Wednesday, the 22nd at 7:00PM. Both will be held at the Lions Club Pavilion at 82 Beach Road.
Read the document.
If you haven&#8217;t already, be sure to go to the town website [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Attend the hearings.</strong></p>
<p>First, a reminder: the public hearings on the proposed Pine Plains Zoning Law are scheduled for Saturday, April 18th at 9:30AM and Wednesday, the 22nd at 7:00PM. Both will be held at the Lions Club Pavilion at 82 Beach Road.</p>
<p><strong>Read the document.</strong></p>
<p>If you haven&#8217;t already, be sure to go to the town website and <a href="http://pineplains-ny.gov/content/Generic/View/7">download a copy of the draft zoning law</a> (the main document is entitled &#8220;Local Law #1 of 2009&#8243; but be sure to also download the maps and appendices). Or, if you prefer, you may purchase a hard copy for $12.50 at the town hall. It&#8217;s not exactly beach reading, it&#8217;s long and dense and very technical in parts, but what it lacks in style it makes up for in substance. No document will have a greater impact on the place we live</p>
<p><strong>The NND: a slippery slope?</strong></p>
<p>The section that most concerns us is the one dealing with the New Neighborhood Development (NND), on page 41. An NND gives the Town Board the flexibility to green light a development even if it doesn&#8217;t conform to zoning laws. We&#8217;re not opposed to NNDs per se, there may be instances where it is in the interest of the community to allow an exception to the rules. The problem is unless there are clearly defined limits the result may be seriously at odds with the goals laid out by the Comprehensive Plan. Unfortunately, the limits laid out in the NND provision are neither clearly defined nor strong enough.</p>
<p><strong>The 800-pound gorilla.</strong></p>
<p>Though never mentioned by name, the NND appears tailor-made for the Carvel Durst development, at least for its bottom line. By loosening density requirements (from one home per five acres to one home per three acres) and adding overly generous bonuses, the NND would appear to allow the Durst Corporation to add more than 700 new homes to Pine Plains and Milan. It would create a suburban style development so large and so dense it would be in clear conflict with the Comprehensive Plan&#8217;s stated goal of maintaining the town&#8217;s rural character. And in the process it would essentially create an entirely new hamlet on the western edge of town, comparable in size to the hamlet of Pine Plains, which is a clear violation of the Comprehensive Plan&#8217;s stated goal of keeping a compact town center surrounded by rural open space. Not only that, it would allow for another hamlet-sized development on the eastern edge of town and possibly a third on the north side. Not exactly what the citizens of Pine Plains had in mind when they made preserving the town&#8217;s rural character a top priority.</p>
<p>(FYI, there will be a special meeting of the Planning Board on Wednesday, April 15th at 7PM at the town hall to discuss how the new zoning will impact the Carvel Durst development. This is not a public hearing but it should be very illuminating.)</p>
<p><strong>Make the law better.</strong></p>
<p>We are by no means advocating the scrapping of the proposed zoning law. It is in most respects very impressive for its enlightened approach to zoning and we salute the Zoning Commission and the Town Board for their hard work and foresight. But what a terrible shame it would be to have come this far, invested all that time and effort, only to have it undone by a loophole so large you could drive a Mack truck through it. Pine Plains United and its members have also invested heavily in seeing that our community grows in a manner that maintains its unique rural character. Just look at all the testimony by both our members and our experts at last year&#8217;s Carvel Durst hearings. Our members, who have been extremely generous with their money and their time, didn&#8217;t do all that for nothing. We are hopeful that the Town Board, after getting lots of feedback at the hearings and throughout the public comment period, will decide to take a second look at the NND provision.</p>
<p>So study the documents and come to the hearings on the 18th and the 22nd armed with questions and comments. Thanks.</p>
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		<title>Carvel/Durst Proposal Update January 26, 2009</title>
		<link>http://www.pineplainsunited.org/carvel-update-1-26-09/</link>
		<comments>http://www.pineplainsunited.org/carvel-update-1-26-09/#comments</comments>
		<pubDate>Mon, 26 Jan 2009 15:25:16 +0000</pubDate>
		<dc:creator>Gregg</dc:creator>
				<category><![CDATA[Carvel/Durst Updates]]></category>
		<category><![CDATA[Town Boards]]></category>
		<category><![CDATA[Carvel/Durst]]></category>

		<guid isPermaLink="false">http://www.pineplainsunited.org/?p=78</guid>
		<description><![CDATA[After the overwhelmingly negative reaction from the public and many experts representing PPU, Scenic Hudson, the Dutchess Land Conservancy, the county planning office and even the State Department of Environmental Conservation in the series of public hearings held in the spring of 2008; the Carvel/Durst team submitted a major revision of their large golf development [...]]]></description>
			<content:encoded><![CDATA[<p>After the overwhelmingly negative reaction from the public and many experts representing PPU, Scenic Hudson, the Dutchess Land Conservancy, the county planning office and even the State Department of Environmental Conservation in the series of public hearings held in the spring of 2008; the Carvel/Durst team submitted a major revision of their large golf development proposal to the Planning Board.</p>
<p><span id="more-78"></span><a href="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2008/11/carvel-new.jpg"><img class="alignleft size-medium wp-image-75" title="Carvel\'s New Plan" src="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2008/11/carvel-new.jpg" alt="" width="300" height="212" /></a>Work on this new &#8220;preferred&#8221; alternative plan is being led by Alexander (Alex) Felson, an expert ecological planner on the faculty at Yale, and the multinational planning firm EDAW.  This plan has widened buffer zones around important wetlands and vernal pools and has much more dedicated connected open space (see <a href="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2009/02/carvel-open-space.pdf">Open Space Map of the new plan</a>). It clusters most of the development around the golf course, away from both the Ham Brook and the Route 199 view shed.  The number of housing units has been reduced to 648 (576 in Pine Plains, 61 in Milan and 11 on lots that are partly in both towns).  The 18 hole golf course is redesigned with the second nine extending towards 199 on the west side of the property.  There will no longer be an additional 9 hole academy course.</p>
<p>While this process of redesign and updating the Planning Board on it continues; the Planning Board must still continue to work on their review of the comments about the original DEIS and reach decisions about what must be done to address them.  While the redesign may be part of that process; additional studies may be required as needed, for example, in reviewing the fiscal impacts, school impacts or other environmental impacts.  It is not clear at this time whether the board will require a Supplemental Environmental Impact Statement based on the revised plan and/or detailed corrections required to address deficiencies in the data in the original DEIS. Alternatively the board could proceed directly to a Final Environmental Impact Statement which must include all the substantive comments and the responses to them by the developer that also might include the new plan as a part of the response.</p>
<p>The original proposal was for 951 new units (some houses are already on the property) on 2,200 acres (1,772 acres in Pine Plains and 428 acres in Milan).  PPU has recently learned the Dursts had also planned 71 additional units on the &#8220;previously approved&#8221; 99 half acre lot subdivision west of Carvel Lake which was carved out of the original plan, making the actual total 1022 new units.  The property is on both sides of 199 beginning just west of the hamlet area of town (including the first farm before you come to the wetlands) and it includes sections on Hicks Hill Rd., Stissing Mountain Rd. and Sherwood Rd. and small sections even cross the Taconic Parkway.  It includes all of the original Carvel Golf Club.  This first proposal included 563 houses and 388 attached units:  526 detached houses on 988 acres in Pine Plains and 37 houses on 142 acres in Milan; and 4 clusters of 358 attached units on 75 acres in Pine Plains and 30 units on 8 acres in Milan.  The overall density of the project in Pine Plains was 2 acres per unit and 2.3 for the whole property.</p>
<p>In addition, the Durst Organization recently purchased a contiguous 98 acre farm on Mt. Ross Road, which brings the total acreage they own to nearly 2,300 acres.  This recent purchase is not included in the proposal currently before the Pine Plains Planning Board.</p>
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		<title>Carvel Submits a New Plan with 648 units</title>
		<link>http://www.pineplainsunited.org/carvel-submits-a-new-plan-with-648-units/</link>
		<comments>http://www.pineplainsunited.org/carvel-submits-a-new-plan-with-648-units/#comments</comments>
		<pubDate>Wed, 26 Nov 2008 06:10:15 +0000</pubDate>
		<dc:creator>Gregg</dc:creator>
				<category><![CDATA[Carvel/Durst Updates]]></category>

		<guid isPermaLink="false">http://www.pineplainsunited.org/?p=74</guid>
		<description><![CDATA[In recent Planning Board meetings held since the hearings this spring  on the Carvel DEIS the Durst team has submitted a major revision of  the proposal. This revision is a result of the overwhelmingly negative  reaction to the original plan by the public and many experts representing  PPU, Scenic Hudson, the [...]]]></description>
			<content:encoded><![CDATA[<p><a title="Carvel\'s New Plan" rel="lightbox[pics74]" href="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2008/11/carvel-new.jpg"><img class="attachment wp-att-75 alignleft" src="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2008/11/carvel-new.thumbnail.jpg" alt="Carvel\'s New Plan" width="300" height="212" /></a><span style="font-family: Times New Roman; font-size: small;">In recent Planning Board meetings held since the hearings this spring  on the Carvel DEIS the Durst team has submitted a major revision of  the proposal. This revision is a result of the overwhelmingly negative  reaction to the original plan by the public and many experts representing  PPU, Scenic Hudson, the Dutchess Land Conservancy, the county planning  office and even the State Department of Environmental Conservation. </span><span id="more-74"></span></p>
<p><span style="font-family: Times New Roman; font-size: small;">Work on this new “preferred” alternative plan is being led by Alexander  (Alex) Felson, an expert ecological planner who is now on the faculty  at Yale, and the multinational planning firm EDAW.  This plan recommends  widens the buffer zones around important wetlands and vernal pools and  clusters the development much more around the golf course, away from  both the Ham Brook and the Route 199 view shed.  The number of  housing units has been reduced to 648 (576 in Pine Plains, 61 in Milan  and 11 on lots that are partly in both towns), mostly clustered in the  original golf course area.  The 18 hole golf course is redesigned  with the second nine extending towards 199 on the west side of the property.   There will no longer be an additional 9 hole academy course.</span></p>
<div class="imageframe alignright" style="width: 250px;"><a title="The Original Durst Development Plan included over 1,000 homes" rel="lightbox[pics7]" href="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2008/03/durst.jpg"><img class="attachment wp-att-41" src="http://www.pineplainsunited.org/wordpress/wp-content/uploads/2008/03/durst.thumbnail.jpg" alt="The Original Durst Development Plan included over 1,000 homes" width="250" height="182" /></a></p>
<div class="imagecaption">The Original Durst Development Plan included over 1,000 homes</div>
</div>
<p><span style="font-family: Times New Roman; font-size: small;">While this process of redesign  and updating the Planning Board on it continues; the Planning Board  must still continue to work on their review of the comments about the  original DEIS and reach decisions about what must be done to address  them.  While the redesign may be part of that process; additional  studies may be required as needed, for example, in reviewing the fiscal  impacts, school impacts or other community impacts.  It is not  clear at this time whether the board will require a Supplemental Environmental  Impact Statement based on the revised plan and/or detailed corrections  required to address deficiencies in the data in the original DEIS. Alternatively  the board could proceed directly to a Final Environmental Impact Statement  which must include all the substantive comments and the responses to  them by the developer which might include the new plan as a part of  the response.</span></p>
<p><span style="font-family: Times New Roman; font-size: small;">The original proposal was for  951 new units (some houses are already on the property) on 2,200 acres  (1,772 acres in Pine Plains and 428 acres in Milan).  We have recently  learned the Dursts had also planned an additional 71 units on the “previously  approved” 99 unit subdivision on ½ acre lots west of Carvel Lake  that were carved out of the original plan making the actual total 1022  new units.  The property is on both sides of 199 beginning just  west of the hamlet area of town (including the first farm before you  come to the wetlands) and it includes sections on Hicks Hill Rd., Stissing  Mountain Rd. and Sherwood Rd. and small sections even cross the Taconic  Parkway.  It includes all of the Carvel Golf Club.  The proposal  included 563 houses and 388 attached units:  526 detached houses  on 988 acres in Pine Plains and 37 houses on 142 acres in Milan; and  4 clusters of 358 attached units on 75 acres in Pine Plains and 30 units  on 8 acres in Milan.  The overall density of the project in Pine  Plains was 2 acres per unit and 2.3 for the whole property. </span></p>
<p><span style="font-family: Times New Roman; font-size: small;">In addition, the Durst Organization  recently purchased a contiguous 98 acre farm on Mt. Ross Road, which  brings the total acreage they own to nearly 2,300 acres.  This  recent purchase is not included in the proposal currently before the  Pine Plains Planning Board.</span></p>
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