Draft zoning law review nears completion

PINE PLAINS — The Zoning Commission recently completed a draft zoning law for Pine Plains — the only municipality in Dutchess County without zoning — and is currently conducting a review of the document.

After the commission is finished, the Town Board will take responsibility for the document and the State Environmental Quality Review Act (SEQRA) study will commence.

At its meeting April 11, the commission went through the draft line by line to fine-tune it before the board starts its review.

Commissioner Gary Keeler cited a passage that read "there shall be no accessory structure nearer than five feet from the lot line."

"This permits something like a garage," he said. "I think we want to put in a size limit ... put in a size or take it out altogether."

Town Planner Nan Stolzenberg altered the language to say "all accessory structures shall meet side and rear setbacks."

The commissioner also said he was wary of not limiting the heights of agriculture structures in the rural parts of town.

"That’s unreasonably restrictive," Stolzenberg said, adding that height or size restrictions for agriculture buildings probably wouldn’t be cleared by the Agriculture and Markets Law.

Keeler suggested that in many places, tasks set to be handled by the town code enforcement officer (known as the building inspector in many towns) should be addressed by the town Zoning Enforcement Officer (ZEO) or the town’s engineer.

The engineer would be better suited to handle issues like stormwater management practices, Keeler said.

The remainder of the commission agreed.

"With that, I think you’re covering all bases," the commissioner said.

The whole commission agreed that mobile homes should be referred to as manufactured homes throughout the document.

Only double-wide trailers will be permitted in the town of Pine Plains.

Another issue was the possibility of mining in town.

Members of the commission have long said that only small-scale mining should be permitted in Pine Plains.

"This document really outlaws mining in town," said Scott Chase, commissioner.

"It only says that anything above [the commission’s definition of a small mine] has to get a Department of Environmental Conservation mining permit," Stolzenberg said.

This might mean state regulations will trump local ones, Jon DePreter, board chairman, said.

"If you’re only allowing small mines, you need a definition for them," the planner continued.

The commission decided a small mine is defined as mining 1,000 tons or 750 cubic yards of material per year.

Chase noted that there are three to four mines in town that are more productive than those figures, yet they have DEC permits.

However, the commission decided 5-2 that only small mines should be permitted in Pine Plains.

It unanimously voted not to allow rock quarries, citing the disturbance that could come about from blasting.

The commission decided how building sizes for accessory structures in the hamlet center should be regulated. After considering using a percentage scale, members unanimously decided to set the threshold at 1,200 square feet.

According to DePreter, the commission’s review of the document should be complete in a few weeks.

"It’ll be done by the next couple of meetings at worst," he predicted.