Clear-cutting for the Broccoli Patch distillery at Creamery Pond (
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The following mandatory review of the proposed Broccoli Patch Distillery on Creamery Pond in Sugar Loaf was prepared by David Church, commissioner of the Orange County Department of Planning, and Megan Tennermann, American Institute of Certified Planners planner.
County Reply – Mandatory Review of Local Planning Action as per NYS General Municipal Law §239-l
Local Referring Board: Town of Chester Planning Board
Applicant: Broccoli Patch, Inc. Tax Map #: 13-3-2
Project Name: Broccoli Patch
Proposed Action: Site Plan for new construction of 7,800 sq. ft. catering facility with attached residence, redevelopment of existing frame structure with additions as a distillery, and new construction of 25’ by 36’ storage barn with appurtenant parking and other site developments
Reason for County Review: Within 500 feet of County Route 13 (Kings Highway)
Date of Full Statement: September 5, 2019
The Department has received the above referenced site plan and has determined that the intended land use has the potential to cause inter-municipal and countywide impacts. Therefore, the following binding comments should be addressed and may not be acted contrary upon except by a majority plus one vote of the members of the Town of Chester Planning Board or by disapproving the action.
Accurate Site Plan: The site plan as submitted to this office on September 5, 2019 and on October 7, 2019 shows a different development than the one described in the accompanying application paperwork and Short Environmental Assessment Form. We understand that the applicant has not finalized his plans for the property at this time; however, the County has chosen to proceed based on the site plan submitted to us. Either the paperwork or the plans need to be corrected so that this project may be properly evaluated. At minimum, the next site plan submittal should include the correct location of the cemetery, the wetlands should be surveyed and marked in the field, the five remaining mature trees should be shown, and the applicant should determine the extent of the proposed development and the necessary site amenities.
The Town should pursue the water line connection with the County, as it would alleviate pressure on the hamlet to have reliable water service; as the County and the Town have previously considered a transfer of this portion of Kings Highway to Town control, both County DPW and the Town of Chester DPW should be consulted regarding this option.
If the water line connection is found by the Town and the County to be non-viable, the applicant should then conduct a well test on the property to ensure sufficient water supply for the project and the neighboring residences and businesses using the same water source.
Require that this development be significantly reduced in size. Reducing the size of the development, and the associated parking, will reduce the impervious surfacing on the project site and thus the amount of resulting runoff.
Ensure that any fire suppressant equipment onsite uses only water or chemical suppressants that are safe to be in contact with wildlife.
All buildings should be thoroughly soundproofed prior to receiving their final Certificate of Occupancy.
The landscaping buffer of 15’ required at the side and rear yards for nonresidential uses in the LB-SL district should be implemented with woody-stemmed conifers at the edge of Creamery Pond in order to absorb some of the noise generated by use of the outdoor space shown in the renderings of the proposed building. This will have the added benefits of blocking some of the light from the building, as well as absorbing additional stormwater runoff.
Other measures may be necessary in order to ensure that noise pollution does not occur in the vicinity of the project site or elsewhere in the Town. The Town should consider measures such as limiting the number of or requiring special permits for outdoor events, imposing a townwide curfew, or other measures.
Chemical suppressants appropriate for alcohol fires should be kept onsite, together with a containment method to ensure that these suppressants do not leach into the groundwater or into Creamery Pond.
Adequate emergency access to all portions of the proposed building should be provided. This may require obtaining an easement from the neighboring property owner and improving a driveway within that easement, or it may require additional grading to provide sufficient access onsite.
Additionally, this Department offers the following advisory comments for your consideration.
Black Fungus: The applicant intends to use a portion of the property for distilling and storing alcohol. The fungus Baudoinia compniacensis is a sac fungus that feeds on ethanol vapor and is known to inhabit the vicinity of distilleries, spirits maturation facilities, bonded warehouses and large bakeries. While the impacts of the fungus are primarily cosmetic, leaving a thick black coating on buildings, trees and other objects, those impacts will most likely not be limited to the project site. We advise the Town to ensure that the applicant is aware of the formation of B. compniacensis and is vigilant about its removal, both onsite and off, during operation of this project.
Tree Preservation: Although most of the trees that were originally present on the project site have been removed, five mature trees remain. We advise the Town to ensure that those trees are not removed, as mature trees provide many ecological benefits.
Cemetery: There is reportedly a cemetery on or adjacent to the project site. The cemetery is sufficiently old that the purported boundaries may or may not encompass all the burials. We advise the Town that the area of the cemetery should be surveyed, including ground-penetrating radar to identify the limits of the human remains, and if any portion of the cemetery is on the project site, the New York State Office of Parks, Recreation and Historic Preservation should be consulted as to necessary buffers and other measures intended to preserve the cemetery.
Parking: Without a final proposal showing the exact number of proposed parking spaces and without knowing the proposed uses for certain, we are unable to calculate the required parking. The parcels in Sugar Loaf, including the subject property, are generally too small to include all required parking on the project site, and so §98-22.C(2)(a) allows for parking to be offsite, provided that it is located in the LB-SL zone and is no more than 500 feet from the entrance of the proposed project. We advise the Town that shared parking agreements may be necessary among property owners in Sugar Loaf in order to provide adequate parking for this and other projects.