A. PROTECT OPEN SPACES AND ENVIRONMENTAL RESOURCES

Recommendation #1

Update and adopt the Environmental Protection Overlay (EP-O) maps and review the Zoning to ensure it provides adequate protection for the identified resources while respecting existing rights.

Suggested Actions:

1. Request that the Dutchess County Department of Planning and Development produce the EP-O maps to ensure consistency and accountability.

2. To streamline and simplify the EP-O overlay system, consolidate the EP-O maps as follows:

a. Water resources: Include Federal Emergency Management Agency (FEMA) floodplains, Department of Environmental Conservation (DEC) wetlands, DEC streams and water bodies, Town wellheads, watershed, the National Wetland Inventory, and aquifers. (This map would also be referenced in the Flood Fringe Overlay of the Zoning CODE section 143-31.
b. Agricultural Resources: Include Dutchess County Agricultural District # 20 and USDA Prime and Soils of Statewide Significance. (It should be noted that the Ag District maps have yet to be finalized. As an alternative, the Planning Board could rely upon a list of properties included in the District as made available by the Dutchess County Office of Real Property, and the Agricultural Resources map would simply include the soils.)
c. Slope and Soils: Include slopes greater than 15 percent, and soils not suitable for septic systems. The soils would be determined through discussion with the Dutchess County Health Department and the Town Engineer.
d. Scenic and historic resources should be examined separately at another time. the Working Group did not have sufficient time to address these maps fully.

3. All of the maps should indicate the location of lands permanently protected from development.

4. Language should be added to the Zoning Law that indicates the EP-O maps are reference tools for the Planning Board and applicants, and are not a substitute for on-site analysis during the approval process.

5. Request that Pace University Land Use Law Center review the zoning language for the EPO to improve clarity. The two Villages may wish to consider availing themselves of this service to examine whether it it appropriate to incorporate the EP-O language into their respective Zoning Laws to foster consistency and inter-municipal cooperation.

6. Request that Pace University conduct training sessions for the Planning Board(s) and other Town committees on the appropriate application of the EP-O law.

7. Request that Dutchess County Department of Planning and Development map significant stands of forest (5 acres and greater in size) as a tool for the Planning Board. Recommendations from the Town's Comprehensive Plan Create enviromnental overlay districts to protect sensitive environmental resources including prime agricultural lands, stream corridors, steep slopes, aquifers and recharge areas.

Map: not reproduced here:

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Town of Red Hook Development Constraints

*details FEMA 100-year flood plain
*DEC wetlands
*National Wetland *Inventory
*Lakes and streams
*Slopes of over 15% incline

The EP-O maps would identify the location of significant natural resources and development constraints, such as floodplains, wetlands, and steep slopes.

Recommendations from the Town's Comprehensive Plan:
* Create environmental overlay districts

Recommendations from the Town's Open Space Plan:

Update and adopt maps for Environmental Protection Overlay and Scenic Corridor Overlay Districts

Recommendations from Greenway Guides:

* Map a system of stream bank protection areas, wetlands, critical natural areas, aquifers, and the best agricultural soils, and maintain through land use regulations.

*The Town of Red Hook is a member of the Greenway Compact, and conformance with the Greenway Guides is required by the Town's Zoning Law section 143-144.1.