The Town of Rochester Town Board held a public hearing at 7:15pm at the Harold Lipton Community Center 15 Tobacco Road, Accord NY 12404 on proposed local law # 2-2022: Amending the Zoning Map for the Town of Rochester.
PRESENT:
Councilman Michael Coleman (7:26pm) Councilwoman Erin Enouen
Councilman Adam Paddock Councilwoman Charlotte Smiseth
Supervisor Michael Baden Town Clerk Kathleen Gundberg
Supervisor Baden opened the public hearing and reviewed the proposed law.
PUBLIC COMMENT:
Kathleen Smith: I’ve been a resident of the Town for 48 years and I always love the charm and wonderfulness of the area and I hope the Town considers this when any large projects come through.
Bea Haugen-Depuy: some trigger points that I want to mention are in Sept. of 2021 the ZRC gave a report to the Town Board of their findings and recommendations. This moratorium allows for the Town to go through recommendations and make changes to the zoning law and we need these changes in order to close the broadened laws.
Shirley Avery:
Marc Grasso:
Board Members, As you know, I have been to every town board meeting in person, since this new board has been established. I want to personally thank you for the additional time that you have been working towards the improvements and changes of the Town of Rochester. It’s a thankless job and I appreciate you doing it.
As Mr. Baden has said at the last few meetings, the Town has received an unfathomable amount of applications at both the code enforcement office as well as the zoning and planning office. With this, we need to take a step back and act instead of reacting. The Moratorium is the way to legally do this.
As you are aware, the ZRC has presented a plan to the Town board in September of 2021 outlining and identifying recommendations towards a new zoning map. At that time, the previous Town Board did not adopt this recommendation. This proposal requested the Town board to alter the zoning of locations where open tracts of land and prime and important soils are located. This pairs well with our comprehensive plan and the town board should resurface this presentation and modify and/or adopt this plan during the 6+ month Moratorium.
In addition, it is time we hire a Town Planner. This should not be delayed and should be a priority. I know Mr. Baden has done his due-diligence with the County as well as bringing information back to this board. We really need a Town Planner who can work for the members of the community and the town to ensure that our comprehensive plan, zoning and planning laws are at the forefront.
The time is now! I urge this town board to adopt the Moratorium as previously presented in hopes of redesigning the town’s current zoning and building codes.
Preserving the town and securing the future of what our town has to offer should be this town board’s priority and with the Moratorium in place, I am confident this will occur.
• Councilman Coleman joined the meeting
Maren Lindstrom:
I am in favor of the Land Use Moratorium because deadlines work.
Think of this—we can go back to elementary school and see how they work—would any of us studied spelling, just for the fun of it? Not most of us—we studied because there was a spelling test. Congress funds the government pretty much only because they have deadlines to do so. Journalists write great stories because they are focused and motivated by a decline.
Deadlines set expectations
Deadlines communicate the value of time—they keep you moving forward
Deadlines keep a project in sync—you can’t go in every direction down worm holes
Deadlines provide a way to measure progress
Deadlines force conversations
Deadlines focus your intention
As the Town Board knows, but maybe a lot of the public is not familiar, the comprehensive plan is our Town’s guiding strategic plan. It is the culmination of a planning process that establishes the official land use policy of a community and presents goals and a vision for the future that guides official decision making.
The comprehensive plan invariably includes a thorough analysis of current data showing land development trends and issues, community resources, and public needs for transportation, recreation, and housing.
Zoning is merely one method – albeit an important one – for implementing the goals of the plan. Having a comprehensive or well-considered plan ensures that forethought and planning precede zoning and zoning amendments. (Coon series on Comprehensive Plan)
Having a deadline will give the citizens of the town better zoning laws that reflect our comprehensive plan and that are updated for where our Town is in 2022. It will focus the Town Board and give the Town some breathing room to establish up-to-date zoning.
This zoning revamp process began over six years ago and the second iteration (which combines the first 2017 iteration) the Town Board has had for 9 months. It is well overdue time to have a deadline/moratorium and update our zoning.
In the spectrum of land use time, 6 months to a year of a moratorium is peanuts compared to the value of having zoning that is updated for the updated town. I previously thought you could “break it into pieces”, but after looking at the ADU law, one can see there are too many connections and crossovers between parts of the zoning it is like doing a rubrics cube while playing twister—too many connections.
Also please remember that you represent the silent majority of our citizens as well—those who do not or cannot voice their opinions at Public Forums.
Finally, I would bet that the vast majority of our community is here in town precisely for the goals of our comp plan:
1. Protection of Agricultural Lands
2. Protection of Open Spaces
3. Protection of Ground Water and Waterways
4. Hamlet Revitalization
5. Affordable Housing “the Town remains an affordable place to live.” that fits with our rural character
6. Prevent intrusion of incompatible uses in residential areas
7. Better site design and green design
8. Encouraging economic development while maintaining community character
9. Clarifying & simplifying the code
I thank the Board for taking on the full zoning review and establishing a moratorium as quickly as is possible.
Clayton Haugen: I support this moratorium 100 %. It is time to be proactive but be careful take a lot of caution, there is a lot of room to judge, and this can all be used in litigation.
Arnold Restivo: I am opposed to the moratorium it is killing the affordable housing. It is terrible timing with inflation continuing to rise.
Kristen Gardiner: I just want to echo the prudent decision to have moratorium in place while the Town reviews the zoning laws and I like what I heard about the Town hiring a Town Planner.
Jill Westridge: I too am concerned about the affordable housing and the number of people purchasing affordable housing for rental properties I don’t think the moratorium in anyway is trying to hurt anyone. I fully support this thoughtful and difficult proposed law and think it’s a great step forward.
Franceso Malatesta: asked for clarification on whether this is going to affect those currently renovating existing homes and existing projects.
Liza Jernow: I’ve been a resident since 2004 and I am in support of the moratorium and a Town Planner to decide what is safe, healthy and protect the water systems.
Sam Nagley: within the exemption section all seem to be reasonable. I wonder about the extreme hardship with a variance map trip people up and
Alessio Pigazzi: asked where to locate the law on the Website.
3 written comments submitted for the record:
Matthew Polevoy:
I reside at 41 Willow Drive in Kerhonkson, in the Town of Rochester. I am writing in full support of local law A of 2022. The proposed law is smart, common-sense approach to developing a sustainable roadmap for development in the Town. You have my thanks for pursuing a diligent and conscientious approach to this important matter.
Jill Bressler:
Have a few questions regarding zoning, subdivision, etc. that would like to better understand.
Regarding the sale of the Pine Ridge Dude ranch
There is considerable acreage connected to that property that is undeveloped. What is the current zoning for that property, and could a new owner add buildings or subdivide for single-family housing? Would there be a public hearing if a new owner were interested in developing the property?
Could a new owner change the nature of the property to either a religious or educational institution? Would such a change require new zoning or a public hearing?
Regarding the differences between single-family housing and commercial-use real estate
How do the zoning laws differ for how building maintenance is permitted and enforced? For example, if a commercial property has poorly maintained buildings that have unsafe foundations, sewage issues, etc. what do the zoning laws require and how does the town enforce the laws? And do those laws differ for single-family houses?
Regarding school/education taxes
We currently pay taxes for our public school system. If new, privately-run schools want to open in our town, what is the impact on taxpayers?
Alice Gray: I totally agree with the moratorium on building. My concerns are the properties that will come off the tax rolls. Who will be paying? Folks are being forced to abandon their lifelong homes. Thank you for your time and consideration to this matter.
HOLD PUBLIC HEARING OPEN:
Resolution # 204 -2022:
A Motion was made by Councilman Paddock to hold the public hearing open with a date to be determined to schedule continuation.
Second: Supervisor Baden
Aye: 5 nay: 0 abstain: 0 motion carried
RESPECTFULLY SUBMITTED,
KATHLEEN A GUNDBERG
TOWN CLERK