Pine Plains adopts zoning changes

PINE PLAINS — The Town Board adopted the proposed amendments to the Pine Plains zoning code following a reopened public hearing on Thursday, May 21. The State Environmental Quality Review Act (SEQRA) process was completed and a negative declaration announced, which means the project is not expected to create any negative environmental impacts. The adoption of the zoning changes comes on the heels of an extended public hearing process, with hearings held and continued on Feb. 19, March 19, April 16 and again on May 21.

Floating Commercial Manufacturing District

One reason for the prolonged hearing process was because of the public outcry regarding a proposed Floating Commercial Manufacturing District (FCMD), which was ultimately removed from the final amendments.

A letter submitted by Dutchess Land Conservancy (DLC) President Becky Thornton addressed the board’s move.

“We would like to take the opportunity to commend the Town Board on its decision to omit the Floating Commercial Manufacturing District from the changes to the zoning law,” she wrote. “DLC believes that changing the zoning law to include the floating district as it was written could have considerably affected the beauty and rural character of Pine Plains, which based on community surveys, are said to be its most important assets.”

John Forelle, chairman of the Planning Board, agreed, as he stated in a letter to the board.

“The Planning Board notes that the most significant change to this revised draft amendment concerns the deletion of the proposed Floating Commercial Manufacturing District zone, and, subject to the comments below, is pleased to find the revised proposal will improve the substance and administration of the zoning law.”

Those comments included the Planning Board’s “recognizing a need and desire for growth, jobs and change within the town and that more commercial and light manufacturing development could further these objectives,” according to Forelle’s letter. “The Planning Board believes that a more focused and closely crafted form of a FCMD, with more defined objective standards relating to type and use, size, location and benefit of such development as well as with a more substantive role for the Planning Board would be a useful tool for the Town Board in its efforts to encourage positive growth. Recognizing the difficulty in drafting a new law that balances flexibility with fixed rules and standards for all, we suggest that the Town Board consider again studying a form of FCMD, with careful professional guidance and more public involvement.”

Dumpsters

Regulations regarding Dumpster setbacks were raised; there is a 25-foot setback required for Dumpsters in town. But, after some discussion, the board noted it applies to commercial properties and not single-family or two-family dwellings.

Berlinghoff property

It was also noted by Forelle that Berlinghoff Electrical Contracting at 40 Myrtle Ave. “might have been mis-zoned” and asked if the “town would like to consider rezoning that.”

“That has come up and we will sit down eventually with Planning Board members and the ZBA and go to the site,” said town Supervisor Brian Coons before addressing the Berlinghoffs at the meeting. “We feel the problems you’re facing as you want your business to grow.”

Planning Board member Sarah Jones spoke up at that juncture.

“I want to reaffirm that the Planning Board is in favor of rezoning that property,” she said. “It just wasn’t correctly zoned.”

Attorney to the town Warren Replansky said that a local law will be “ready to go” at next month’s meeting regarding that issue.

Mobile/manufactured homes

Scott Chase raised concerns about the change in mobile/manufactured home dimensions. According to the new zoning, the town will allow 14-foot wide mobile/manufactured homes as well as the current 16-foot wide homes. Chase said the change could negatively affect the character of the town.

“That’s part of the reason why we established the property maintenance code,” responded Coons. 

Affordable housing/signs

Affordable housing requirements were also changed, in accordance with the Dutchess County Department of Planning and Development.

Development and Design Coordinator John Clarke wrote to the town about that and terms regarding sign approvals.

“We are pleased to see that this revised version has changes consistent with most of our previous comments,” he stated. “Regarding the signs section, we remain concerned about transferring approval authority from the Planning Board to the zoning enforcement officer [ZEO]. Signs should be an integral part of the site plan approval. Freestanding signs need to be considered in the context of the surrounding landscaping, and wall signs should be considered as part of the building’s architecture. 

“Signs are an important face for the community, and their design should not be left to purely administrative procedures,” Clarke added. “We are not opposed to the ZEO assuming some sign permit responsibilities, but if the action requires a site plan, special permit or new sign, we believe the sign approval should remain with the Planning Board.”

SEQRA

SEQRA was a Type 1 action; the board completed the Final Environmental Assessment Form (FEAF) with Replansky leading the way. A draft Environmental Impact Statement (DEIS) was not deemed necessary. The negative declaration will be filed with the secretary of state and in the Environmental Notice Bulletin.