DEIS IV.B. Community Character Visual

MAHAMUDRA BUDDHIST HERMITAGE DEIS October 2006 IV.B-1

IV. B Community Character/Visual Resources

1. Existing Conditions

Visual Character of Ulster County

Ulster County’s visual character is defined by its natural features, notably the Catskill

Mountains in the northwest portion of the county, the Shawangunk Ridge in the south and

the Hudson River along the county’s eastern border. The county contains the highest point

in the Catskills – Slide Mountain in Shandaken – as well as a portion of Catskill Park, a

700,000-acre state park required by the state constitution to be kept “forever wild.” The

Shawangunk Ridge, an extension of the Appalachians that extends roughly 250 miles

from northern New Jersey to the Catskills, contains an unusual diversity of vegetation such

as rare dwarf pine trees. The Shawangunks contain Mohonk Preserve, Minnewaska State

Park Preserve and Sam’s Point Preserve, together containing at least 100 miles of hiking

trails and a number of rock climbing areas. The county also maintains two public parks:

Ulster Landing Park in Kingston, with more than 3,000 feet on frontage on the Hudson

River, and New Paltz Park, with more than 150 acres and a 50-meter pool.

Ulster County contains two tributaries of the Hudson River. Rondout Creek flows south

from the eastern Catskills into the Rondout Reservoir on the Ulster/Sullivan County line in

western Wawarsing, and then into a valley between the Catskills and the Shawangunks,

where it goes over the High Falls, eventually joining the Hudson at Kingston. Wallkill River

runs from northeastern New Jersey through Orange County into Ulster County where it

drains into the Rondout near Rosendale.

Visual Character of Wawarsing

Like Ulster County, the Town of Wawarsing’s visual character reflects its natural features.

The Shawangunk Ridge forms the southeastern boundary of the town and is both an

important element of the area’s water supply and a location of numerous plant and

animal habitats. Section IV-C, Flora and Fauna, will discuss these habitats in greater

detail. The Shawangunks’ five lakes, six waterfalls and more than 100 miles of roads and

trails also provide the area with recreational opportunities and scenic views. In

IV.B. Community Character/Visual


Wawarsing, much of the ridge is owned by land stewardship organizations such as the

Open Space Institute, the Nature Conservancy and the Palisades Interstate Parks

Commission.

Wawarsing also contains a number of water resources. The town is located largely in the

Rondout drainage basin, with a small portion of the town, south of the topmost ridges of

the Shawangunks, draining into the Wallkill River basin. Rondout Creek flows east from

the Rondout Reservoir to Napanoch and then north toward Kerhonkson and the Town of

Rochester. Other water features in Wawarsing include Sandburg Creek, Brandy Creek,

Shawangunk Creek, Wallkill River, South Gully, North Gully and Shingle Gully (Draft

Comprehensive Plan, 1969 Development Plan).

Visual Character of Cragsmoor

Cragsmoor’s position atop the Shawangunk Ridge, with its unusual geologic features and

habitats, affords the hamlet distinct character and scenic views. The uplifted white

conglomerate of the ridge forms a distinguishing pale cap that is easily recognizable from

a distance. Conglomerate is a type of rock made up of fragments – in this case round

quartz pebbles – that are held together by a cement-like binder. This composition results

in a visually unique and durable nonporous stone that is resistant to erosion and

abrasion. Because of this caprock, the Shawangunks contain unusual environments such

as a pitch pine barrens; a dwarf pine barrens; mountain wetlands with swamps, bogs and

lakes; and cave habitats with alpine characteristics. The resistant properties of the stone

also rendered it an important source of millstones during the 19th century, and in the 20th

century the stone’s dense texture made it a highly desirable building material that can be

seen in many Cragsmoor homes. Section IV-K, Cultural Resources, will further discuss the

area’s architectural features.

The most distinctive characteristic of the Shawangunks is the broad and ragged

escarpment along most of the east face of the range, exemplified by Sam’s Point, a

prominent lookout point of the Shawangunks about a quarter-mile east of the center of

Cragsmoor. This precipice and the rest of the southeastern ridge line were created when

glaciers tore away the eastern face of the mountain. The resulting formation includes



crevices, caves and rugged cliffs with sharp drops that present uninterrupted views

overlooking the Wallkill and Hudson Valleys below. The spot has been a popular tourist

destination since the mid-19th century and remains so today. Sam’s Point Preserve

encompasses 5,400 acres and was formed in 1997 by the Open Space Institute. The

Nature Conservancy currently manages the preserve, which also includes a recently

opened 3,000-square-foot conservation center.

Sam’s Point Preserve also features a series of ice caves, which foster a unique ecological

environment (discussed further in Section IV.C, Flora and Fauna) and were designated a

National Natural Landmark in 1967. Shortly after the initial designation, the Village of

Ellenville leased most of its mountain holdings to Ice Caves Mountain Inc., which

improved the access to the caves. The work included widening one of the natural fault

cracks in the stone and the trails over which thousands of paying visitors hike each

summer. The Open Space Institute purchased the caves in 1997 as part of the formation

of Sam’s Point Preserve.

Bear Hill, at the southwest end of Cragsmoor, is the southernmost major precipice of the

Shawangunks. The overlook has sweeping views of the nearby Wallkill, Hudson and

Rondout Valleys, as well as extended vistas of the Catskills to the southwest and the

southern Shawangunks as they extend into New Jersey and Pennsylvania. Bear Hill has

historically been, and remains, a favorite recreational and painting spot for the summer

community of Cragsmoor. In 1978, the Bear Hill Preserve was created with the purchase

of 50 acres by the Cragsmoor community and deeded to the Cragsmoor Free Library; it is

managed today by the Cragsmoor Association.

Another striking feature of the Shawangunks is the series of five “sky lakes” found near

the ridge. The lakes – from north to south: Mohonk Lake, Lake Minnewaska, Lake

Awosting, Mud Pond and Lake Maratanza – all have extremely clear water, mostly as a

result of low nutrient levels and limited runoff basins. Maratanza, the southernmost of

these lakes and the second largest, was formed by glacial plowing and is contained in a

relatively shallow basin. This lake is found on a plateau-like area and, along with Sam’s

Point to the south, has been an important tourist attraction for at least 100 years.



Cragsmoor Historic District

The Cragsmoor Historic District, an area listed on the National Register of Historic Places,

was designated in 1996 and covers approximately 362 acres and contains 210

contributing features on 107 properties. Approximately 19.6 acres, or 21.5% of the

proposed project site is located within the Cragsmoor Historic District. This part of the

historic district is located in the northwest portion of the project site. It is important to note

that there are no contributing features of the historic district on the portion shared with the

proposed project site. The viewshed analysis which follows addresses views of the

proposed project from the five (5) view locations listed below, and from the historic district

where applicable under each of the five (5) view locations. Hence, the historic district view

impacts are identified and discussed principally within the Old Inn Road study under IV.B

2b(3), below. The portions of the proposed project within the historic district and which

will be viewable from the historic district are identified and discussed. The viewable

portions of the proposed development include the Teacher’s House and the Milarepa

Center. Although the Guest Teacher’s House and the Naropa Center are proposed to be

constructed on project property within the boundaries of the historic district, as discussed,

they will not be visible from the off-site portions of the historic district. Further, all

remaining portions of the proposed project will not be visible from the Cragsmoor Historic

District. The character of the Cragsmoor Historic District will be discussed in further detail

in Section IV.K, Cultural Resources (historical and archeological).



2. Anticipated Impacts

Views to and from the Site

This section contains an evaluation of visual impacts from identified viewpoints, using the

applicable DEC standards. A full copy of the DEC standards for assessing and mitigating

visual impacts may be found in Appendix N.

a. Areas previously identified as areas with views to and from the property in the

DEIS scope were as follows:

• Bear Hill Nature Preserve (1)

• Cragsmoor Road (2)

• Old Inn Road (3)

• Sam’s Point Preserve (4)

• Lake Maratanza has been added during the course of this study and is

referenced as area (5).

Figure IV.B-1 provides an overall topographic site map of the project area.

MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-1: TOPOGRAPHIC SITE MAP OF PROJECT AREA

WAWARSING, NY SOURCE: CERNIGLIA ARCHITECTURE AND PLANNING, P.C.



b. Following is a narrative description of the attached graphic view shed analysis

describing the views; map, profile and photography analysis; and study results.

(1) Bear Hill (See Map #1.0, Figure IV.B-2: Bear Hill Photo Key.)

Bear Hill lies to the west of the project site and rises to a height elevation of

1,950 feet (approximately 200 feet above the average Mahamudra project

site elevation). Map 1.0, shown in Figure IV.B-2, indicates photographic

view directions for the photograph numbers indicated (PH-1, PH-2, etc.).

Upon completion of a visual inspection of the public viewing area at the

top of Bear Hill, it was apparent that all public viewing directions face

southwest (see Figure IV.B-4, photographs 3 and 4, which document these

views). The project site lies to the southeast. To view the project site, visitors

would be required to leave the trail and climb over rock outcroppings to

arrive at locations from where the project site may be viewed (see Figure

IV.B-3, photographs 1 and 2). There are signs which warn visitors not to

leave the trail and climb on these rocks.

Result: With the Bear Hill public viewing areas clearly facing in directions

other than toward the project site, the proposed project imposes no

impacts.

MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-2: MAP #1.0, BEAR HILL PHOTO KEY


MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-3: PHOTOGRAPHS 1 AND 2


VViieeww ffrroomm nnoonn--ppuubblliiccllyy aacccceessssiibbllee ssiiddee

PPHH--11

SSiittee ooff MMiillaarreeppaa CCeenntteerr

SSiittee ooff TTeeaacchheerr’’ss HHoouussee

SSiittee ooff MMiillaarreeppaa CCeenntteerr

PPHH--22

VViieeww ffrroomm nnoonn--ppuubblliiccllyy aacccceessssiibbllee ssiiddee

MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-4: PHOTOGRAPHS 3 AND 4-


VViieeww ffrroomm ppuubblliiccllyy aacccceessssiibbllee ssiiddee

PPHH--33

VViieeww ffrroomm ppuubblliiccllyy aacccceessssiibbllee ssiiddee

PPHH--44

MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-5: PHOTOGRAPH 5




(2) Cragsmoor Road (See Map #2.0, Figure IV.B-6: Welcome House Parking

Lot/Cragsmoor Road View Shed including keyed location and view direction

of photographs.)

Cragsmoor road borders the eastern portion of the project site for

approximately 1,900 feet (see Map #2.0 in Figure IV.B-6: Welcome House

Parking Lot/Cragsmoor Road View Shed). No development is proposed

along Cragsmoor Road, except at the proposed curb cut (see Figure IV.B-

8, photograph 31, at the utility pole). The closest proposed developments

to Cragsmoor Road are the Welcome House (set back a minimum of 90

feet from Cragsmoor Road), and at the parking lot (set back a minimum of

150 feet from Cragsmoor Road). In Figure IV.B-7, photograph 7 is taken

at the proposed curb cut looking back into the proposed Welcome House

site. Photograph 8 of Figure IV.B-7 is looking from the Welcome House site

back toward Cragsmoor Road. Photographs 32 and 33 of Figure IV.B-8

look toward the proposed parking lot from Cragsmoor Road. These

photographs indicate the density of existing tree cover (leaf off), which will

remain preserved as part of the site plan approval, obscuring views to both

the Welcome House and the parking lot area. Views from Cragsmoor

Road to the Welcome House will be substantially more obscured than for

any existing structure currently on Cragsmoor Road. The proposed 2,500-

gross-square-foot Welcome House building will also be in keeping with the

scale and size of existing structures along Cragsmoor Road. In addition,

neither the Welcome House nor the parking area will be visible from the

Cragsmoor Historic District, which is at the northwest end of the project

site. The parking area and adjacent detention basins will require clearing

of some existing tree cover, while other portions of the proposed parking

detention basin area land are already open and cleared.

Result: Neither the proposed Welcome House nor the proposed property

entrance impose any visual impact greater than that already existing along

this part of Cragsmoor Road in relation to the other existing buildings and



driveway entrances. Any visual appearance of the Welcome House from

Cragsmoor Road will be substantially less than for other existing structures

due to the proposed greater building setback from the street and the

existing tree cover within the setback area, which will be preserved as part

of the site plan approval. The architecture will be designed in a contextual

character utilizing architectural materials found within the Cragsmoor

community and historic district (see Section IV.K, Cultural Resources

(historical and archeological)). Additional buffer and interior landscaping

will be provided within the parking area (see proposed mitigation). Except

for the above, no other Hermitage-related project development is

proposed along Cragsmoor Road, hence preserving the existing natural

visual character.

MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-6: MAP #2.0, WELCOME HOUSE PARKING LOT/CRAGSMOOR ROAD VIEW SHED


MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-7: PHOTOGRAPHS 6, 7, AND 8


PPHH--66 PPHH--77

PPHH--88



PPHH--3311 PPHH--3322

PPHH--3333



(3) Old Inn Road (see Map #3.0, Figure IV.B-9: Teacher’s House/Old Inn

Road View Shed.)

Old Inn Road partially borders the northern boundary of the project site.

This portion of the site is partially located within the Cragsmoor Historic

District, which overlaps a part of the proposed project site (see Section IV.K

for further discussion of the historic district). There are two adjacent

neighboring lots which contain contributing residential structures exceeding

50 years in age. The proposed Teacher’s House, Guest Teacher’s House

and Naropa Center are proposed to be constructed on undeveloped

property within the Cragsmoor Historic District, while the Milarepa Center

is proposed to be constructed on undeveloped property outside the district

o Teacher’s House (See Map #3.0, Figure IV.B-9: Teachers

House/Old Inn Road View Shed, including keyed location and view

direction of photographs).

The Teacher’s House site is proposed between the two neighboring

contributing structures mentioned above: a 1920 gambrel-roofed

residential structure to the west and a 1905 vintage residential structure to

the east. Figure IV.B-13, Photographs 14 and 15 shows the 1920 and

1905 residences, respectively. A non-contributing structure sits across Old

Inn Road to the north, as shown in Figure IV.B-10, Photograph 9.

o Milarepa Center (See Map #3.1, Figure IV.B-15: Milarepa/Old Inn

Road View Shed, including keyed location and view direction of

photographs.

The proposed Milarepa Center site is not within the historic district but sits

directly adjacent. Views of the Milarepa Center will be substantially

obscured from the contributing 1920 and 1905 structures within the

historic district boundaries by existing tree cover, but the Center will be

partially visible from an existing residential structure not within the historic

district (see Figure IV.B-16, Photograph 17, and Figure IV.B-17,



Photographs 18 and 19). The Map #3.1 profile in Figure IV.B-15 indicates

a distance of approximately 420 feet to the proposed Milarepa site, and

1,270 feet to the proposed Bodhisattva Dharma Center site from the

existing residential structure shown in Figure IV.B-16, Photograph 17. From

this residential structure, an elevation drop of approximately 32 feet exists

to the Milarepa site, and a 95-foot drop exists to the Bodhisattva Dharma

Center site. Figure IV.B-18, Photographs 20, 21, 22 and 23 as keyed on

Figure IV.B-15, Map #3.1 indicate the dense tree cover looking toward

Old Inn Road and sequentially rotating to view toward the direction of

Cragsmoor Road.

o Guest Teacher’s House and Naropa Center (See Map #3.0, Figure

IV.B-9: Teachers House/Old Inn Road View Shed, including keyed

location and view direction of photographs).

The proposed Guest Teacher’s House and Naropa Center will be sited

behind existing tree cover to be preserved, and will not present any visual

impact to or from the historic district (See Figure IV.B-14, Photograph 34).

The Map #3.0 profile in Figure IV.B-9 indicates a distance of

approximately 1,750 feet and an elevation drop of approximately 190 feet

from the house shown in photograph 9 of Figure IV.B-10 to the proposed

Naropa site, further eliminating any possible view of the proposed Naropa

structures.

Result: No view impediments will be created (by any proposed

construction) from any existing structure on Old Inn Road (see Map #3.0

in Figure IV.B-9 for photograph key location and direction and Photograph

10 of Figure IV.B-10; see Map #3.1 in Figure IV.B-15 for photograph key

location and direction and Photograph 18 of Figure IV.B-17). The

proposed construction within and adjacent to the Cragsmoor Historic

District will not impact the visual and aesthetic resource presented by the

historic district.

MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-9: MAP #3.0, TEACHER’S HOUSE/OLD INN ROAD VIEW SHED


MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-10: PHOTOGRAPHS 9,10, AND 11


PPHH--99 PPHH--1100

PPHH--1111



PPHH--1144

PPHH--1155

MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-15: MAP #3.1, MILAREPA/OLD INN ROAD VIEW SHED




PPHH--1166

PPHH--1177



PPHH--1188

MMiillaarreeppaa ssiittee

PPHH--1199

MMiillaarreeppaa ssiittee

MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-18: PHOTOGRAPHS 20, 21, 22, AND 23


PPHH--2200 PPHH--2211

PPHH--2222 PPHH--2233



(4) Sam’s Point (See Map # 4.0, Figure IV.B-19: Sam’s Point/Teacher’s House

View Shed and Map # 4.1, Figure IV.B-20: Bodhisattva Dharma

Center/Sam’s Point View Shed including keyed location and view direction

of photographs).

The Sam’s Point Preserve Public Viewing Area lies far to the east of the

project site. The Map #4.0 profile shown in Figure IV.B-19 indicates a

horizontal distance separation of approximately 9,750 feet and an

elevation drop of approximately 435 feet from the Sam’s Point Public

Viewing area to the Teacher’s House site. The profile sight line indicates

that any view of the project site (including the Teacher’s House site) from

Sam’s Point is totally obscured by Losees Hill. The Map #4.1 profile

(shown in Figure IV.B-20) between the Sam’s Point Public viewing area and

the Bodhisattva Dharma Center (the tallest proposed building) indicates a

horizontal distance separation of approximately 9,500 feet and an

elevation drop of approximately 540 feet. The profile sight line indicates

that any view of the project site, and in particular the Bodhisattva Dharma

Center dome, will be obscured by Losees hill.

Result: There are no visual impacts to Sam’s Point Preserve from any

proposed buildings on the project site.

MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-19: MAP #4.0, SAM’S POINT/TEACHER’S HOUSE VIEW SHED


MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-20: MAP #4.1, DHARMA CENTER/SAM’S POINT VIEW SHED




(5) Lake Maratanza (See Map #5.0, Figure IV.B-22: Teachers House/Lake

Maratanza View Shed and Map # 5.1, Figure IV.B-26: Dharma

Center/Lake Maratanza View Shed including keyed location and view

direction of photographs).

Lake Maratanza is located approximately three-fourths of a mile north of

the Sam’s Point Preserve Public Viewing Area. Inspection of the trail system

on the west side of the hill leading up to the lake reveals fairly dense tree

cover consisting of approximately 5- to 6-foot-high pine evergreens. No

clearings or public viewing areas were observed along the trail system,

and no view of the project site was established. The lake is surrounded on

the west side by existing communication towers (see Figure IV.B-23,

Photograph 25). Further visual investigations were conducted from Old Inn

Road to determine if these towers were visible. It was determined that the

towers are first visible from the location of Old Inn Road indicated on Map

#5.0, Photograph 26 (see Figure IV.B-22 and Figure IV.B-24). No views of

the lakeside communication towers were visible from the project site. This

is due in part to obstruction by Losees Hill (see Figure IV.B-22, Map # 5.0,

and Figure IV.B-24, Photographs 27 and 28). Although the sight line

indicated on the profile indicates a potential view, it is obvious (from the

visual inspection conducted and documented from Old Inn Road) that the

existing tree cover (leaf off) fully obscures any views. Map #5.1 (shown in

Figure IV.B-26) documents the same conditions regarding the Bodhisattva

Dharma Center site view from Lake Maratanza. These two locations are

separated by a horizontal distance of 10,750 feet and an elevation drop of

approximately 550 feet. Again, the visual inspection reveals no view of the

lake towers from this building site.

Result: There are no visual impacts to Lake Maratanza from any proposed

buildings on the project site.

MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-22: MAP #5.0, TEACHER’S HOUSE/LAKE MARATANZA VIEW SHED




PPHH--2266 PPHH--2277

PPHH--2288



PPHH--2299

PPHH--3300

MAHAMUDRA BUDDHIST HERMITAGE DEIS FIGURE IV.B-26: MAP #5.1, DHARMA CENTER/LAKE MARATANZA

-------WAWARSING, NY SOURCE: CERNIGLIA ARCHITECTURE AND PLANNING, P.C.



Impacts From Proposed Lighting:

Project site lighting will be low keyed, eliminating hot spots, glare and lumen

overflow onto adjacent properties. This approach will reflect the proposed

functional use of the site (worship through quiet meditation). Hence, lighting will

be provided by low landscape and site walk fixtures, bollards and other low profile

fixtures designed to shroud and direct light downward, with specific controls

limiting light spread and throw.

Result: No visual impacts from proposed lighting are anticipated. In addition,

fixtures will provide light in conformance with the requirements of the Town of

Wawarsing Zoning Ordinance should such requirements exceed those described

above.

Impact on Cragsmoor Historic District

Letters were sent to the New York State Historic Preservation Office (SHPO) and

the National Trust for Historic Preservation, requesting comments on any impact to

the visual character or views that the proposed project would have on the

Cragsmoor Historic District. A response was received from SHPO, indicating that it

cannot comment on the proposed project’s impact on the historic district and

believes the DEIS should include the plans, view shed analysis and other

information necessary to make a formal opinion of the proposed project. A copy

of this correspondence is found in Appendix C. The DEIS, which will be circulated

to SHPO, contains the analysis requested. To date, no response from the National

Trust for Historic Preservation has been received.

3. Proposed Mitigation

Minimal impacts have been identified for Cragsmoor Road (the parking area) and Old

Inn Road (proposed construction in or adjacent to the Cragsmoor Historic District).

Regarding Cragsmoor Road and the proposed parking area, new landscaping will be

provided throughout the proposed parking area within landscape islands located to limit

the number of uninterrupted parking spaces to the limits given in the Wawarsing Zoning



Ordinance, and in no case allowing more than 10 consecutive spaces. Lighting will meet

the requirements discussed above. In addition, a landscape buffer will be provided to

further screen the parking area from Cragsmoor Road. See Figures III-6 and III-7, for the

landscaping plan and landscape buffer area plan.

Regarding Old Inn Road, although the existing tree and shrub cover between the

properties along Old Inn Road and the Milarepa Center provides significant landscape

buffering, additional landscape buffering will be provided within the 50-foot side yard

setback between the north side of the Milarepa Center at and beyond the private

meditation buildings and the northerly property line. This buffering is not only intended to

provide further screening of views from the neighboring properties, but to create needed

privacy for the Milarepa Center use as well. The applicant further proposes that all

proposed construction within or adjacent to the Cragsmoor Historic District will require a

contextual and compatible architectural design to be reviewed and approved by the

Planning Board as part of the Special Permit/Site Plan review and approval process.

Further, this approach is intended to be applied to all proposed construction, except for

the Bodhisattva Dharma Center, which will be designed as a more traditional Buddhist

style building. As indicated above, the Bodhisattva Dharma Center’s proposed location is

in the middle of the project site and cannot be seen from any of the identified view areas.

Please see Section IV.K, Cultural Resources (historical and archeological) for further

discussion regarding architectural design.

As demonstrated above, any potential impacts to the community/visual character of the

Hamlet of Cragsmoor and the Cragsmoor Historic District occurring as a result of the

proposed project will be fully mitigated through appropriate landscaping and landscape

buffering, and the requirement of compatible designs that relate spatially and

architecturally to the existing collection of buildings located throughout the Cragsmoor

Historic District. Any special permit and site plan approvals will incorporate these design

standards, and the requirements for landscaping and buffering. These obligations will

accordingly be binding on the applicant and enforceable by law by the Town. These

measures are sufficient to assure that there will not be any significant adverse impacts on

visual character of the area. No impacts have been discovered which suggest that a



conservation easement is either necessary or appropriate to mitigate the visual impacts

disclosed in the DEIS analysis. This is a privately owned site, and the conditions of special

permit and site plan approval are sufficient to impose a binding requirement for the

affirmative design and landscaping measures, based upon the applicant’s proposal to be

bound by such standards and the clear representations in the DEIS and the application

drawings. There is no innate quality of conservation easements that renders them an apt

technique to effectuate accomplishment of affirmative obligations of architectural design

or landscape screening. The ability of the Town to impose the buffering and design

standards as binding obligations of any approval are better suited to assure fulfillment of

this affirmative obligation. The Town has full power to enforce its own site plans and

special permits.

DEIS IV.B. Community Character Visual

Documents

Transcript of DEIS IV.B. Community Character Visual