Stissing Farms gets town OK

By: BOB AUDETTE, Special to the Freeman Daily Freeman Tuesday, February 22, 2005

PINE PLAINS - Developers of the Stissing Farms retirement community have received town approval to build 46 condominiums for residents 55 years and older.

Previously, the developers had proposed a rental community, but the town Planning Board and the developers found themselves at odds about the nature of ownership.

"Last month we had a slight difference of opinion relative to a homeowners' agreement," said Rich Olson, attorney for the developers. "To meet the board's demands, we agreed to create a condominium ownership with (a homeowners' agreement)."

When the plan initially went before the board, it called for individual ownership, which the board reviewed under the state Environmental Quality Review Act law.

The developers returned with a new plan to rent the units instead of selling them, which annoyed several of the board members, who felt the environmental review process may have been invalidated by the change in plans.

At the meeting on Jan. 12, the board refused to give approval to the plan because of the change.

The new homeowners' agreement satisfied all of the board members, who, subject to several contingencies, authorized Planning Board Chairman Ed Casazza to sign off on the project.

"I don't want to see any one owner own more than a certain percentage of the units," said Casazza. He, the board and Olson agreed to amend the agreement to say one person or entity couldn't own more than 5 percent, or two units.

"It's not going to become a rental community," Olson assured the board. "Any rental application has to be approved by the Board of Directors."

The homeowners' agreement will legislate that each owner has membership on the Board of Directors, said Olson, giving them a vote on any rental application.

"I don't want absentee landlords making decisions on who can live there," said Planning Board member John Depreter. His concern led to the decision that not more than five percent of the units could be owned by one person or entity.

Board members also insisted that control of the board be turned over from the developer to the owners after 50 percent of the units are sold.

"The town will still have the right to enforce the age restrictions," said Olson. "All properties will be burdened with this requirement. You've got the belt and the suspenders and probably a couple of staples in there too (to enforce the restrictions)."

Olson said the developers expect it to take one year for occupancy of the first unit and up to three years for completion of the project and full occupancy.

©Daily Freeman 2005

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