Existing Damage to the Land
There are a few various areas of Town Code to address in this last section of concerns. One major concern is the owner’s stewardship of the property and Town Code for buffer strips and landscaping. Town Code98-19:A states,
A side or rear yard for a nonresidential use in an RO or LB-SL District adjacent to a residential district or a multifamily structure in an SR-6 District adjacent to an AR-.3, SR-1 or SR-2 District shall have a minimum width or depth of 15 feet, which shall be landscaped and free of pavement, and that part nearest the residential district shall be planted with a screen of evergreens having a uniform height of not less than 10 feet above ground level at the time of planting and set in a double staggered row spaced eight feet apart in each row and shall be properly maintained to afford an effective screen between the two districts. However, smaller trees may be allowed, provided the ten-foot height is made up by a berm designed to the satisfaction of the Planning Board.
As demonstrated above, any nonresidential property that abuts a residential property or district should have a vegetative buffer that is at least 15 feet wide. Code additionally states that the buffer should be landscaped, free of pavement and have staggered rows of evergreens at least 10 feet tall. The property at 1355 Kings Highway abuts directly up to residential property (Creamery Pond), meaning that the land 15 feet from the waters’ edge should have a vegetative buffer. The plan for this property, as it stands, shows over 400ft of driveway running the length of the pond, in some places less than 8 feet from the water (based on plan scale and measurements), and does not allow for the room for planting any buffer stripping. Unfortunately, nearly the entire property was clear cut and only two trees remain on the waters’ edge. A protective berm is especially important on this property due to its sloping gradient which not only increases chance of runoff and flooding, but also increases visibility of the raised sections of the property. Since the buildings proposed sit much higher than water level and the surrounding homes, even 10ft tall trees would fail to filter any light or noise disseminating from the property.
According to Town Code 78-13:A1, the town should be notified prior to site clearing. Code states,
The Town of Chester Stormwater Management Officer may require such inspections as necessary to determine compliance with this article and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this article and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Chester enforcement official at least 48 hours before any of the following activities:
(a) Start of construction.
(b) Installation of sediment and erosion control measures.
(c) Completion of site clearing.
While it is unclear whether or not the builders obtained inspections in this case, it seems very unlikely. The destruction of important vegetation, especially in light of the requirement for a vegetative buffer, seems counterproductive to both the environment and the builder. It is also unclear whether this clear cutting was submitted to the Town Planning Board or Town Highway Superintendent alongside a Stormwater Pollution Prevention Plan (SPPP), which is required in
Town Code 78-4,
This article shall be applicable to all land development activities within the Town of Chester outside the incorporated village unless specifically exempted.
A. The Town Highway Superintendent and the Town Engineer shall be the Stormwater Management Officers for the Town and shall accept and review all stormwater pollution prevention plans and submissions.
B. Each application for land development shall be accompanied by a stormwater management plan or statement of exemption which shall be certified as conforming to the requirements of this section by a licensed professional engineer.
C. Applicants for any land development activities not subject to review as provided for herein or in the subdivision regulations, Chapter 83, of the Town of Chester shall be required to submit a stormwater pollution prevention plan (SWPPP) or statement of exemption to the Stormwater Management Officer, who shall approve the SWPPP if it complies with the requirements of this section.
D. Applicants for any land development activity subject to Planning Board review in accordance with the subdivision regulations, Chapter 83, of the Town of Chester or the zoning law, Chapter 98, of the Town of Chester shall be required to submit a stormwater pollution prevention plan to the Planning Board, which shall direct it to the Stormwater Management Officer through the Town Planning Board Engineer for review, who shall approve the stormwater pollution prevention plan if it complies.