Attorney to the Town Had the Right Idea

Let’s cheer Pine Plains Attorney for the Town Warren Replansky, who has provided some very good advice to the Town Board concerning the building moratorium.

Replansky wrote the original local law last year to enact the 12-month moratorium, which expires on the 23rd of this month. The questions on everyone’s minds in Pine Plains are: Will that moratorium be extended? And if so, for how long?

Considering that the moratorium was created so the then-relatively new Zoning Commission could take its time to draft zoning recommendations for the town, work in which the commission is still immersed, there’s really no doubt an extension is necessary. Pine Plains is the only town in Dutchess County without zoning laws, so it badly needs those zoning recommendations.

But haste should not be the primary goal. Good zoning regulations, founded in logic and foresight, should be the driving factors behind the commission’s work. And that takes time. How much time is hard to say, but certainly one wants to provide enough time rather than too little.

That’s why Replansky’s initial suggestion of extending the moratorium by another 12 months was sound. As he said, the moratorium could always be rescinded if the other work was finished early. (And it’s one’s hope that the Zoning Commission would be able to get a jump on their work and finish their recommendations sooner rather than later).

It’s unfortunate that the Town Board did not agree with its attorney’s theory and opted for a shorter six-month extension, which may not provide the necessary time for the Zoning Commission to complete its task.

However, to be fair, it is understandable that the town wanted to make it easier for smaller applications to go through the planning process without having to get variances to the moratorium at every turn. Yet if that’s the price residents of Pine Plains have to pay now, for a well-thought-out town plan in the future, it’s worth the extra trouble. Replansky was right to suggest another year for the moratorium, it was both prudent and realistic, and it’s too bad that his advice was not followed this time around.

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