Building moratorium extended six more months

PINE PLAINS — Local Law No. 5 was adopted last Thursday, which translates to the town having adopted a six-month extension on its current building moratorium.

History

The first moratorium was enacted on Jan. 23, 2006 , in order to allow the town’s Zoning Commission to create a zoning ordinance.

“It seemed counter-productive to allow applications to go through  with the potential for 1,400 homes that would not conform to the new zoning,â€� said Zoning Commission Chairman Jon DePreter. “So the moratorium gave us the time to work through as efficiently as we could some of the issues we had to do to get this in the hands of the Town Board.â€�

Pine Plains is the only town in Dutchess County without zoning. It is also distinguished by the large number of developers who have been knocking at its door with applications in hand, set to build homes that would more than double the size of its population.

“We have to be able to protect the town’s best interest,� said town Supervisor Gregg Pulver. “I think the whole document is designed to protect what most people in Pine Plains want, which is open space and the bucolic nature of the town. We want the developers who come into Pine Plains to realize that and to respond to that.�

One of the allowances made under the moratorium was that applicants could proceed with the environmental review process, at their own risk, during the moratorium. Only the Carvel Property Development project chose to do so. That project alone seeks to build 951 high-end homes in the town.

Other large-scale developers, like Village Green and Parkview Estates, opted not to proceed with the environmental review and application process until after the moratorium has expired.

Meanwhile, applicants with smaller projects have been able to get variances to the moratorium so that their work could proceed. That process has been fairly simple, according to Pulver. Some simple procedures, like site plan review and minor subdivisions (four lots or fewer), are even exempt from the moratorium.

“I think we’ve been very sensitive to those issues on the Town Board level,� Pulver said. “The Town Board is made up of business people, who are local, who raise families in town. We’re very sensitive to what’s going on and we don’t want to shut the entire town down.�

Present

Last Thursday, a public hearing was held at Town Hall immediately before the new local law was voted on.

“I encourage you strongly to please extend the moratorium,� town assessor and Pine Plains resident Jim Mara said.

“I think it’s a very worthwhile, short investment in the scope of the town in being able to do this [development applications] properly,� said resident Helene McQuade. “It can help this town.�

“I, too, hope you will extend the moratorium,� resident Susan Crossley said.

“I would like to see the moratorium extended,� resident Ray Fletcher added. “I think it’s to the benefit of the town.�

In fact, all of the public comment was in favor of extending the building moratorium, which has already lasted for one-and-a-half years in the town of Pine Plains. There was one exception. Erica Powers rose to speak on behalf of the developers of the proposed mixed-use development called Village Green.

“We understand the need for the moratorium, but this is now an extension that brings the moratorium to two years, and it becomes extremely difficult to meet that,� Powers said to the Town Board. “We sincerely hope this will be the last moratorium extension.�

There was no reply to her statement.

The town did send a copy of the moratorium extension to the Dutchess County Department of Planning and Development, which in turn replied that its adoption is a “matter of local concern.� That means, essentially, that the town has the county’s blessing to move ahead with the matter at hand.

After the relatively brief public hearing ended, the Town Board unanimously voted to adopt the six-month extension to the moratorium, which will expire in January 2008.

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