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RESOLUTION TO GRANT SITE PLAN APPROVAL 25 Fisk Street

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Activeformal_resolutionongoingThe Planning Board approves the site plan for animal husbandry (Nigerian dwarf goats) on a 4.22-acre parcel at 25 Fisk Street, limiting the use to a maximum of four animals and imposing six conditions including site plan revisions, fence relocation, and reduction of current animals to comply with Zoning Law Section 200-18.1.
First seen
2024-11-14
Latest event
2024-11-14
adopted
Expires
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Resolution text

RESOLVED

  1. the Planning Board classifies the Project as a Type II action under SEQRA
  2. the Planning Board hereby approves the Site Plan Set and authorizes the Chair or her authorized designee to sign the Site Plan Set after compliance with the following conditions: 1. Payment of all fees and escrow. 2. Revision of the Site Plan Set to include a note indicating that composting of manure is prohibited on the Property. 3. Revision of the Site Plan Set to include a note indicating that the accessory animal husbandry use permits no more than four animals with an average weight of less than 250 pounds each at mature size on the Property at all times. 4. Revision of the Site Plan Set to include a note stating that the animal husbandry use is subject to all requirements in Section 200-18.1 of the Zoning Law, as may be amended from time to time. 5. Relocation of all animal husbandry fences to comply with the requirement of a 75-foot setback from boundary lines for animal husbandry areas as per § 200-18.1(A)(1) the Zoning Law. 6. Evidence that one of the existing goats has been relocated so that there are no more than four goats on the Property in compliance with Section 200-18.1 of the Zoning Law.
Show preamble — 10 WHEREAS clauses
  • WHEREAS, the applicants, Paul Sturtz and Polina Malikin ("Applicants"), have submitted an application for site plan approval for animal husbandry on a 4.22-acre parcel located at 25 Fisk St, Red Hook, tax parcel number 134801-6272-10-493612 (the "Property"), in the R10,000 Zoning District (the "Project")
  • WHEREAS, pursuant to § 200-18.1(A)(2) of the Zoning Law, animal husbandry is a permitted accessory use in the R10,000 District subject to site plan approval, provided that all requirements of the section are met, including that the maximum number of animals kept on a property is as follows: one animal with an average weight of 250 pounds or more at mature size or two animals with an average weight of less than 250 pounds each at mature size per 1.5 acres of available land, regardless of the actual size or age of the animal
  • WHEREAS, the definition of "available land" contained in § 200-18.1(A)(2) is defined as all land on a lot, excluding the residence, driveway, garage, other buildings or structures not used for animal husbandry, and all areas within 50 feet of wells, watercourses and wetlands
  • WHEREAS, the Property-owners are keeping five Nigerian dwarf goats on the Property, three of which are babies, which have an average weight of 50 to 60 pounds at mature size
  • WHEREAS, the Applicants had previously received a determination from the Zoning Board of Appeals on July 27, 2023, which permitted the five goats on the Property as of that date of the determination to remain on the Property and prohibited the addition of new animals and breeding
  • WHEREAS, the Applicants' admissions during the August 8, 2024 meeting and in the October 2, 2024, submission that there are now three baby goats on the Property evidences that at least three of the goats on the Property as of July 27, 2023 have been relocated off the Property or are deceased and therefore the Applicants must comply with the provisions of the Zoning Law now in effect
  • WHEREAS, the Zoning Enforcement Officer by email dated November 12, 2024, determined based on the size of the Property, a maximum of four goats are now permitted on the Property
  • WHEREAS, the Project is depicted on a site plan set entitled "Site Plan prepared for Paul Geoffrey Sturtz and Polina Malikin" prepared by Mark R. Graminski P.E. L.S. P.C., dated July 29, 2024, and last revised October 3, 2024, (the "Site Plan Set")
  • WHEREAS, pursuant to 6 NYCRR § 617.5(c)(11) and (12), single-family homes and construction, expansion or placement of minor accessory/appurtenant residential structures or other buildings not changing land use or density are Type II actions under the State Environmental Quality Review Act ("SEQRA")
  • WHEREAS, a duly noticed public hearing was held on November 14, 2024, during which all those who wished to speak were heard

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Lifecycle (1 event)

2024-11-14adoptedvote: unanimous
Grant site plan approval for animal husbandry on the property at 25 Fisk Street with conditions limiting animals to four and requiring compliance with zoning law provisions.
moved by Pagano · seconded by Zacharzuk
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Resolved
  1. the Planning Board classifies the Project as a Type II action under SEQRA
  2. the Planning Board hereby approves the Site Plan Set and authorizes the Chair or her authorized designee to sign the Site Plan Set after compliance with the following conditions: 1. Payment of all fees and escrow. 2. Revision of the Site Plan Set to include a note indicating that composting of manure is prohibited on the Property. 3. Revision of the Site Plan Set to include a note indicating that the accessory animal husbandry use permits no more than four animals with an average weight of less than 250 pounds each at mature size on the Property at all times. 4. Revision of the Site Plan Set to include a note stating that the animal husbandry use is subject to all requirements in Section 200-18.1 of the Zoning Law, as may be amended from time to time. 5. Relocation of all animal husbandry fences to comply with the requirement of a 75-foot setback from boundary lines for animal husbandry areas as per § 200-18.1(A)(1) the Zoning Law. 6. Evidence that one of the existing goats has been relocated so that there are no more than four goats on the Property in compliance with Section 200-18.1 of the Zoning Law.
Whereas
  • WHEREAS, the applicants, Paul Sturtz and Polina Malikin ("Applicants"), have submitted an application for site plan approval for animal husbandry on a 4.22-acre parcel located at 25 Fisk St, Red Hook, tax parcel number 134801-6272-10-493612 (the "Property"), in the R10,000 Zoning District (the "Project")
  • WHEREAS, pursuant to § 200-18.1(A)(2) of the Zoning Law, animal husbandry is a permitted accessory use in the R10,000 District subject to site plan approval, provided that all requirements of the section are met, including that the maximum number of animals kept on a property is as follows: one animal with an average weight of 250 pounds or more at mature size or two animals with an average weight of less than 250 pounds each at mature size per 1.5 acres of available land, regardless of the actual size or age of the animal
  • WHEREAS, the definition of "available land" contained in § 200-18.1(A)(2) is defined as all land on a lot, excluding the residence, driveway, garage, other buildings or structures not used for animal husbandry, and all areas within 50 feet of wells, watercourses and wetlands
  • WHEREAS, the Property-owners are keeping five Nigerian dwarf goats on the Property, three of which are babies, which have an average weight of 50 to 60 pounds at mature size
  • WHEREAS, the Applicants had previously received a determination from the Zoning Board of Appeals on July 27, 2023, which permitted the five goats on the Property as of that date of the determination to remain on the Property and prohibited the addition of new animals and breeding
  • WHEREAS, the Applicants' admissions during the August 8, 2024 meeting and in the October 2, 2024, submission that there are now three baby goats on the Property evidences that at least three of the goats on the Property as of July 27, 2023 have been relocated off the Property or are deceased and therefore the Applicants must comply with the provisions of the Zoning Law now in effect
  • WHEREAS, the Zoning Enforcement Officer by email dated November 12, 2024, determined based on the size of the Property, a maximum of four goats are now permitted on the Property
  • WHEREAS, the Project is depicted on a site plan set entitled "Site Plan prepared for Paul Geoffrey Sturtz and Polina Malikin" prepared by Mark R. Graminski P.E. L.S. P.C., dated July 29, 2024, and last revised October 3, 2024, (the "Site Plan Set")
  • WHEREAS, pursuant to 6 NYCRR § 617.5(c)(11) and (12), single-family homes and construction, expansion or placement of minor accessory/appurtenant residential structures or other buildings not changing land use or density are Type II actions under the State Environmental Quality Review Act ("SEQRA")
  • WHEREAS, a duly noticed public hearing was held on November 14, 2024, during which all those who wished to speak were heard

Supersedes

July 27, 2023
Subject key: fisk_street_animal_husbandry_site_plan