Second public hearing reaffirms zoning concerns

PINE PLAINS — A second public hearing on the third draft of the town’s proposed zoning laws was held at the Lions’ Club Pavilion Wednesday, April 22.

Attorney to the Town Warren Replansky gave an introduction similar to the one he gave at the first hearing, explaining the background of the document. After the town adopted an updated comprehensive plan in 2003, the board created a Zoning Commission in 2005 to begin the process of drafting zoning law recommendations. The commission issued a final report in July 2007, and the board then hired four experts to revise the document. That draft was submitted to the Town Board in February.

Many comments during the first meeting, held April 18, focused on the New Neighborhood Development (NND) floating zone, where large developers would be required to go through “a fairly rigorous rezoning process,� according to Replansky.

Replansky did address a few concerns that were brought up at the previous hearing in his opening remarks. He clarified that the maximum density of 611 units on 750 acres in an NND zone could not be increased further through bonuses. He also stressed that the provision does not mean that 611 units would necessarily even be approved.

The NND, Replansky said, “was created to allow the town to add residential growth.� It gives the Town Board much more control over a project, he explained.

Much concern was raised at the first hearing about the possibility that NNDs would create competing hamlets separate from the current center of town. Replansky said that very limited commercial development was allowed in an NND zone, and it would “in no way replicate what you have in the hamlet.�

Replansky’s reassurances didn’t stop criticism over the zone from being voiced however; again the majority of comments given over the course of the night dealt with what many believed to be negative aspects of the NND.

Peter Caldwell said that residential density was too high in an NND zone. He also asked that additional time be given for the public information sessions, as the zoning law “amounts to a very substantial change to the law presented by the Zoning Commission.�

Helene McQuade echoed many sentiments when she said that the NND “places the zoning document at odds with the comprehensive plan.� She added that she was worried to hear that there was the potential for four NNDs in the town.

Stan Hirson said there were “holes and ambiguity� in the NND provision, and he suggested that it be split off from the zoning legislation and evaluated publicly.

“We don’t need more people,� he said. “We need more customers.�

Planning Board member Sarah Jones said the provision was too complex.

“You’re going to find more and more problems when you go to apply it,� she warned.

One of the issues raised several times at both hearings was that the NND was created specifically to avoid legal trouble from the Carvel Property Development.

“When Durst bought the property [from Carvel], they should have known that the plan they had was not consistent,� Jones said. Not having the NND provision “doesn’t mean Durst can’t do development there. And it doesn’t mean there can’t be a population center.�

On the other hand, there were a few more supporters of the NND than there were at the last hearing.

“I think the NND is a fantastic improvement,� Brad Mitchell said. “The town needs growth.�

Dale Mitchell said he was in support of the NND zone, but also argued for a development district zone in the center of town. Mitchell said it was a major part of the zoning law proposed years ago, and with that provision lost, the town has “reverted to old-fashioned and bad strip development of the highway entrances to the hamlet.�

He pointed to the zoning map of Pine Plains, which illustrates the Hamlet-Main Street zoning district as a red “X� running along Route 199 and north and south Main Street.

“This is not what we talked about in the past, and it’s not what I want,� Mitchell said.

Several attendees suggested the town look into the creation of a wastewater treatment plant.

After the public comment period is closed, the Town Board will review all the comments.

“We fully anticipate making changes,� Replansky said, “and it’s conceivable that there may or may not be another public hearing. We have to see what changes are made.�

All comments in regards to environmental aspects of the project will have to be addressed by the Town Board, which is acting as lead agency in the  SEQRA (State Environmental Quality Review Act) process, which includes the Final Generic Environmental Impact Statement (FGEIS). Written comments about the proposed zoning document will be accepted by the board until May 4. They should be sent to the town supervisor at Town Hall, PO Box 955, Pine Plains, NY 12567 or dropped of at the Town Hall at 3284 Route 199.

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