Zoning board gets new member, new fees

PINE PLAINS — The Town Board filled a vacancy on the Zoning Board of Appeals (ZBA) at its Thursday, April 15, meeting. Before making its decision there was a debate regarding two candidates: Margo Jackson, a former member of the now defunct Zoning Commission (which drafted the town’s recently adopted zoning laws — forever changing Pine Plains’ reputation as the only town in Dutchess County without zoning), and Kathleen Augustine, a member of the Pine Plains United steering committee.

Town Supervisor Gregg Pulver threw his support behind Jackson.

“I want to stress that Margo, with her knowledge of the zoning document of the last few years, is my choice,� he said. “But let’s open this up for discussion.�

“She’s done so much for the town,� said Councilman Bob Couse. “She’d be a good candidate.�

Councilwoman Sandra David asked about the details.

“Do we need one permanent member and two alternates?� she asked, to which Pulver said the town should adopt the law for alternate zoning board members first. David then asked if the board should also adopt its performance standards beforehand.

“I would like the ZBA to be up and operating first,� Pulver said.

“Do you think we should invite people interested in this, and that they should come to the next meeting and be interviewed in executive session?� David asked.

“I’m not changing my mind,� Pulver responded. “An interview isn’t going to change that. Let’s be honest. I don’t know how anybody else feels.�

“I know with Margo, her husband said she might feel more like being an alternate,� David said.

“No,� Pulver said. “I spoke with her [and she wants to be on the board].�

“And with Kathleen you’re concerned because she was a member of Pine Plains United?� David asked Pulver. “I know Jon DePreter was also interested in being an alternate. I’m not so sure that just being involved in your community should disqualify you [from being on the board].�

“I like Margo,� Couse said.

“I like Margo,� Councilwoman Rosemary Lyons-Chase said. “I think they would both be good.�

Couse then moved for Jackson to be appointed to the ZBA; the entire board voted unanimously in support of Couse’s motion.

ZBA member Jane Waters thanked the board for coming to a decision.

“They’ve been waiting for months,� she said. “But applicants still can’t come before us until our fees are set.�

That led into a discussion about the town’s fees schedules. It was decided that the ZBA’s fees will be as follows:

Application fee: $150

Area variance: $150

Use variance: $150

Expansion for a non-conforming use: $150

Appeal from an administrative decision: 0

“If we get into a review, then the escrow kicks in,� Pulver said.

Attorney to the Town Warren Replansky later addressed the alternate ZBA member law. He had prepared one as a model and put it together as a complete and comprehensive law that can apply to both the Zoning Board of Appeals and the Planning Board.

“The purpose of the law is [for people] to serve as an alternate member when regular members are absent,� he said.

The Town  Board can appoint no more than three alternate members, if it can find that many volunteers, who will then be designated as alternate number one, number two and number three.

“So the chair doesn’t have to pick and choose whom he thinks is  best,â€� Replansky said. “You appoint the alternate and designate one, two or three. Once appointed, the alternate member has all of the powers of a regular member.â€�

The board’s chair will appoint an alternate whenever a regular member is unable to serve. That could be if a member is sick for one meeting or if a member has a conflict of interest, etc. If an alternate has a conflict, he or she, too, would be disqualified from participating in the process. It was noted that if a board member is new to an issue, that member will need to certify that he or she has been brought up to date in the issue before voting on the application.

“Basically, this is as comprehensive a law as we can have,� Replansky said. “We will have to hold another public hearing because the changes are that different.�

That public hearing is set for Thursday, May 20, at 8:30 p.m. at Town Hall on Route 199 in Pine Plains.

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