Zoning not in compliance? Forget about site plan approval

NORTH EAST — After a 10-minute public hearing on Thursday, March 10, during which there were no public comments, the Town Board unanimously approved a local law blocking applicants from getting a slew of approvals from the Planning Board and Zoning Board of Appeals (ZBA) if they are not in compliance with the town’s zoning codes. The law was a long time coming, according to Attorney to the Town Warren Replansky.“The local law was an outgrowth of concerns expressed by the Planning Board that applicants before them had existing violations,” he said. “The Planning Board can now decline to approve the application if there are existing violations on the premises.”Replansky further explained that for the purpose of this law, a stop-work order or notice of violation can be ordered by the town, or the town can file a civil or criminal action, in order to prevent an applicant from proceeding with work. The law addresses applications for special use permits, site plan approvals, subdivision approvals and area and use variances issued by the Planning Board and the ZBA. It states that, “in some cases, owners of the properties with existing zoning violations have made applications to the Planning Board, Zoning Board of Appeals and/or the town’s code enforcement officer for approvals on properties where zoning violations exist. In those cases, the boards and officers of the town of North East do not presently have the requisite power and authority to decline to process those application approvals until such time as the existing zoning violations are addressed and corrected. It is the intent of this local law to remedy that situation.”Replansky added that there is a provision in the town code that is also mirrored in the New York state town law that property owners have the right to appeal the ruling.“In the event of an appeal, enforcement of the notice is stayed, in that the appropriate board can process the application but cannot approve it until the ZBA goes through the application,” he said. Town Supervisor Dave Sherman said that he sat with Planning Board Chairman Dale Culver, ZBA Chairwoman Julie Schroeder, Secretary to Planning, Zoning and Building Department Lisa Cope and Replansky to discuss the issue. Sherman said they “all agreed it needs to be addressed.”Town Councilman Dave McGhee gave his support as well.“We have a lot of issues out there that need to be straightened out,” he said. “This way, people who haven’t been updated on present properties can’t do something else until they get up to code. It’s something on our side that we have to hold over them because it’s really gotten out of hand. We have got to [get] everybody obeying the laws and our zoning. That’s how I feel.”Sherman noted that he received a statement back from the Dutchess County Department of Planning and Development (DCDPD), to which he sent the law for its input. DCDPD stated the passing of the law “was a matter of local concern.” That response is a common one and indicates the county has no comments or problems with the proposed action, in this case, the adoption of Local Law No. 1 of 2011.