It's official : Pine Plains adopts zoning law

PINE PLAINS — The vote was unanimous. After nine long years the Town Board agreed to adopt the much-debated proposed
zoning document as law. Town Supervisor Gregg Pulver said he couldn’t be happier.

“It was a very good feeling to get this behind us and to move on, and I can’t tell you how proud I am of all the individuals, from the Comprehensive Plan Committee to the Town Board to the Zoning Commission to all the people who helped us with this document,� he said. “We read everything and took everything into consideration, and if it wasn’t for the total community contribution to this document, it would be something different today. And I am just ecstatic to get this done.�

It all started in 2000, when the town decided to revamp its comprehensive plan (then known as the master plan); at that time Pulver said the word “zoning� was never even mentioned. In fact, up until Thursday night’s meeting, on Oct. 15, the night the law was adopted, Pine Plains was the only town in Dutchess County without any zoning regulations. According to the supervisor, the concept didn’t enter the town’s consciousness until developers started knocking on its doors, and knocking loudly.

“It wasn’t even until Carvel and others came into play that we started thinking about using the ‘Z’ word,� Pulver said. “And I think we created a balanced law that’s been our focal point the entire time. Certainly we’ve had plenty of opportunity for public discussion and countless input from the community and experts, and response to those comments in a fair manner. No one group got everything they wanted; we’ve not made the fringe groups happy. I think we struck the right balance and I don’t think anybody can deny that. They may not like it, but they can’t deny it.�

One person who remains on the fence regarding the pros and cons of the finished zoning document is Jane Waters, a steering board member of the grassroots group, Pine Plains United, and a regular at Town Board meetings.

“I’m glad we’ve got zoning, but I’m very concerned about some of the items that remained in the law after the Zoning Commission gave it to the Town Board that I view as very developer-friendly,� she said. “And I think it’s ironic that the town first decided to enact zoning to keep the developers at bay and ended up with what I view as a very developer-friendly document.�

Some of those items that Waters cited include the New Neighborhood Development (NND) floating zone, the late revision of part of the Village Green property to allow commercial development in that location, the review of the agricultural overlay, which contains land that is of prime or statewide importance and land that is or was formerly used in the county’s ag district. Aside from these main points, Waters said she is “pleased about the rest of the zoning� document.

“I just think these are major concessions to the developer,� she said. “My take is that every land owner ought to be treated equally under zoning and I don’t think that is what is happening. Not only does the NND allow Durst [the developer behind the Carvel Property Development] to have a greater density at one unit per 3 acres, in fact he gets a 50-percent increase on top of that, so it ends up being one unit per 1.5 acres.�

But Pulver said one of the things that the zoning law allows is smaller lots that are not as strict as 5-acre lots.

“You can have smaller lots and we can allow 1-acre building lots — that’s one of the things that we wanted,� he said. “The idea is that somebody could have a small lot in the county whether it’s a family parcel that gets split or whatever, providing affordability to stay in Pine Plains, and flexibility. Those are the cornerstones of this ordinance.�

As far as Durst goes, Pulver said the zoning was created for the town, and not developers, and that the arrangement can be beneficial to both.

“We don’t know, quite frankly, if Durst is going to apply for an NND,� he said. “It’s just another process and I think it gives the town much more leverage than SEQRA [State Environmental Quality Review Act] alone for dealing with that process. Naysayers say we rolled over for Carvel and I beg to differ. In fact, it gives us much bigger tools for dealing with them. They are large landowners in town and we need to work with them to plan for the best possible outcome for Pine Plains, because it behooves both parties to do that, to keep dealings aboveboard, as you do with all dealings with town boards and what have you.�

After the board adopted the zoning last Thursday, it also voted to appoint Building Inspector Drew Weaver as the town’s new zoning enforcement officer. He’s been the building inspector for Pine Plains for the last half-dozen years or so. The board is also seeking five volunteers for a Zoning Board of Appeals, as well as a few more volunteers for its Planning Board. Anyone who is interested in the above positions is asked to contact the Town Hall at 518-398-7155 for more information.

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