Town Board updates zoning code with guidance from ZRC

PINE PLAINS — After arranging the necessary public hearing, the Pine Plains Town Board unanimously approved the proposed text changes in its zoning law as recommended by the Pine Plains Zoning Review Committee (ZRC) at its board meeting on Thursday, Sept. 16.

The public hearing was held on Thursday, Aug. 19, when the board welcomed guidance from Attorney to the Town Warren Replansky and from Frank Fish and Taylor Young, both of whom are planners with BFJ Planning.

As Young projected the changes for the board and the public to view, Fish explained there are essentially seven text changes and that the ZRC worked on for about four months before submitting its recommendations to the Town Board. 

Young said the first proposed text change was to remove the New Neighborhood Development (NND) district sections and all mentions of the NND district from the zoning code. 

For accessory dwelling units, Young said the ZRC recommended clarifying the zoning text for accessory dwelling units so a property owner can live in either the principal unit or the accessory dwelling unit. 

On pre-existing nonconforming uses, he said the text change is to give the Planning Board the power to approve expansions up to 35% and allow the Zoning Board of Appeals (ZBA) the ability to grant an area variance for expansions greater than 35%.

Other recommended text changes included adjusting minimum building setbacks to give property owners in the hamlet’s zoning districts greater flexibility; adding specific mentions of protecting ridgelines and views of ridgelines to the town’s design standards and conservation submission design guidelines to strengthen the Planning Board’s ability to protect ridgelines when reviewing applications; setting the maximum building size for senior housing, educational facilities and resorts; and allowing the Planning Board to require a conservation subdivision design to minor subdivisions if the board finds a conventional subdivision would impact agricultural resources, open space or natural resources. 

Fish noted the Planning Board met the night before the Town Board did and voted unanimously to approve the amendments.

Pine Plains town Supervisor Darrah Cloud extended her thanks to both the ZRC and the planners for their work and guidance. Having reviewed the changes, she said the Town Board determined the text changes are consistent with the zoning law, that they won’t affect any areas and establishments in town negatively and that there’s adequate facilities and infrastructure to support the changes. She reminded the board the town needed to keep the public comment period open for written comments for the next 10 days.

The board resumed the public hearing at its meeting on Thursday, Sept. 16, at 7 p.m. As there was no other comment, the public hearing closed after a few minutes.

Moving forward, Fish turned the board’s attention to Part 3 of the Environmental Assessment Form (EAF), used to determine if the changes will have any significant adverse impacts as part of the mandated State Environmental Quality Review Act (SEQRA) process. 

Believing the changes have mostly beneficial impacts, Fish said, “The whole zoning code text changes are mostly about creating a few variances and making it a little bit easier for people to upgrade their existing buildings and conform to the zoning codes.”

The board later voted in favor of a negative declaration under SEQRA, stating the action wouldn’t cause any significant adverse environmental impacts. 

After the resolution was read aloud by Replansky, the board unanimously adopted the  amendments updating the town’s zoning code.

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