The Town of Rochester Town Board held the continued Public Hearing on proposed local law J-2024: Amending Chapter 140-Zoning on September 26, 2024, at 6:30 p.m. at the Harold Lipton Community Center, 15 Tobacco Road Accord, New York 12404.
PRESENT:
Councilman Michael Coleman Councilwoman Charlotte Smiseth
Town Supervisor Erin Enouen Town Clerk Kathleen Gundberg
ABSENT:
Councilwoman Renee Ciardi Councilwoman Emily Dindial
Supervisor Enouen called the meeting to order and led in the Pledge of Allegiance to the Flag.
ACCEPTANCE OF AGENDA:
Resolution # 278-2024:
Motion: Councilman Coleman
Second: Councilwoman Smiseth
The Town Board accepts the agenda, as prepared by the Town Supervisor.
Aye: 3 nay: 0 abstain: 0 Motion carried
Ciardi,Dindial-absent
CONTINUATION PUBLIC HEARING:Local Law J of 2024, Amending Chapter 140, Zoning:
PUBLIC COMMENT:
No comments made.
Supervisor Enouen read the written comments from the Ulster County Planning Board:
Planned Unit Developments (PUDS)
The UCPB appreciates that the Town has contained PUDs standards in its statute for some time and that no one or no entity has taken advantage of them to date. Not having implemented them alone, however, is not sufficient cause for them to be eliminated summarily.
Currently crafted, the zoning statute provides few avenues for adding new neighborhoods, consisting of a mix of use types at an appreciable density, particularly for opportunities to increase the supply of more affordable housing to the town’s residents and children with places to live with their families long-term.
The UCPB reminds the community that they implemented PUDS to provide strategic tools that can be targeted to specific areas. This allows decision-makers and developers the flexibility to craft a creative design that integrates well with the rest of the community, particularly within or on the edges of its existing community centers, while at the same
time protecting vital environmental assets. PUDs can also be used to reimagine resorts and targeted to create industrial and office parks where such uses are appropriate.
Alternatively, the Town can apply these overlays on its own, develop concept plans for specific locations, and then invite and look for developers interested in partnering with the community to achieve them.
Required Modification
The UCPB recommends that the Town maintain the ability to implement PUDs per the previous draft of the proposed zoning statute. Keeping these standards in the Town’s toolbox will allow the municipality to respond to opportunities or implement overlays when needed more rapidly than recreating the wheel
2024-119 Local Law J of 2024
Zoning Statue Amendment
from scratch. It could lead to extensive delays before a project is even brought to the Planning Board level for review. To avoid that, keeping its existing flexibility in place does not harm the town. Instead, the
Town should consider those locations where the applications of these categories of PUDs could potentially be applied. Commercial Events Facilities as a Non-Conforming Use – Required Modification
While the UCPB has no issue with the Town’s decision to remove a problematic use type, especially with impacts to adjacent uses, the Town will need to recognize it as a nonconforming use and continue to regulate those remaining facilities and may wish to keep the section of the statute while identifying it is no longer a permitted use. Additional language in the nonconforming use section determines the conditions under which it becomes abandoned and can no longer conduct business as a commercial event facility, which is a recommended addition.
Zoning Map – Required Modification
No zoning map amendments were provided with these proposed zoning statute revisions. A final overall amended zoning map is recommended to be submitted to the UCPB for review. The Town should also coordinate with Ulster County’s mapping personnel at information services for the inclusion of the final map in the County’s zoning geodatabase, which is served on the Ulster County Parcel Viewer.
If any changes to the zoning map have been proposed, the following comments made in our 2023 response remain and are as follows:
Lot Development Standards – Advisory Comments
The Town proposes utilizing the Ulster County Design Manual for all lot development. While the UCPB appreciates this, the Town may wish to, over time, adopt graphics and standards from the design manual for use concerning certain parts of their town to develop design standards rather than guidelines. It is unclear from the draft language how the local planning board will apply the manual on a case-by-case basis. It may be appropriate, during initial or sketch plan meetings, to identify from the manual which guidelines will be applied so the applicant has a clear understanding of what is desired in their lot design.
Density Bonus – Advisory Comments
The UCPB supports incentives for sustainable design and affordable housing. In addition to providing the standard, we recommend that an example of how to calculate/utilize the bonuses practice within the zoning statute would be a transparent and straightforward means of educating board members, the public, and potential applicants on how to apply it best.
Clarification on Nonconforming Uses/Buildings – Advisory Comments
The Town has updated its section on nonconforming uses, and the UCPB is unclear regarding some of the changes in 140-41 Restoration, Replacement, or Replacement with expansion. The code indicates that to restore a nonconforming building or structure, a building permit must be obtained within 18 months of the date of damage. Permits after 18 months were treated as reconstructions in 140-41B. However, 41B uses “replacement” instead of “reconstruction” and only requires a building permit. 140-41C – replacement with expansion, however, requires a special permit. The Board wonders if there is a possible error here in that 140-41 B should require site plan review if a building permit is acquired outside of the 18-month threshold to carry more weight and involve review than 140-41 A.
CLOSURE OF PUBLIC HEARING:
Resolution # 279-2024:
Motion: Councilman Coleman
Second: Councilwoman Smiseth
The Town of Rochester Town Board adjourns the public hearing at 6:40pm.
Motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A. GUNDBERG
TOWN CLERK