|
|
The Pine Plains Zoning Commission have completed their work. All comments pertaining to the Draft Zoning Law should be directed to the Pine Plains Town Board.
About Frequently Asked Questions
Since the establishment of the Town of Pine Plains Zoning Commission, members of the Public have posed many questions to the Commission at its workshop and informational meeting, and in written communications and e-mails addressed to the Commission. Some of these questions are technical in nature and relate to specific aspects of provisions which may, or may not, be included in the proposed Zoning Law. Other questions are general or generic in nature and relate to zoning or planning issues. While it is impossible for the Zoning Commission to respond to every question posed to it, the Zoning Commission recognizes it is vital for the public to be as informed as it possibly can be during the Zoning Commission work. The Zoning Commission, therefore, is providing responses to certain Frequently Asked Questions. The Commission on advice of its consultants deems it advisable not to respond to certain questions relating to specific and technical aspects of the proposed Zoning Law because the first draft of the Zoning Law has not yet been completed by the Commission. The Commission has found that as its work progresses, its views, on certain aspects of the Zoning Law, change based upon input from the public and its consultants, its own investigations, and dialogue among Commission members during workshop meetings. Therefore, the Commission has deemed it advisable to wait until the Zoning Law is in draft form and ready for public review before responding to certain specific questions concerning the substance of the Law. The Zoning Commission believes that once the Law is in draft form, the public will better understand the various components of the Law, the various sections of the Law interrelate to each other and how the Law will work. Many of the questions now being asked will be answered by a reading of the Zoning Law. The Commission also does not deem it prudent to provide responses to questions about certain aspects of the Zoning Law which may not ultimately be part of the final version of the draft Law. Other questions which have been posed to the Commission are beyond the expertise of the Commission, and the Commission does not feel it is appropriate to respond to such questions. With all of this in mind, the following are the Commission's responses to some frequently asked questions:
|
Why is such a large portion of the Western section of the Town overlooked?
No portion of the Town will be overlooked in the Zoning Law. The Zoning Law will divide the Town into various Zoning Districts and it is contemplated the Western portion of the Town will be included in the Rural District. Each District will have its own set of development standards which regulate the use and development of property within that District.
|
Why aren't the many parcels along the Stissing Mountain corridor not addressed or open fields bordered by Route 199 and Hicks Hill Road?
All property in the Town will be subject to zoning. Each parcel is included in a Zoning District and each District will have its own set of development standards.
|
Where are retirees, the elderly and young people just starting out going to live?
The Town's Comprehensive Plan recognizes the need for affordable housing opportunities in Pine Plains, and the Zoning Commission will be working on incorporating various affordable housing strategies into the Zoning Law. Under consideration are such strategies as incentive zoning provisions to encourage developers to set aside a portion of their developments for affordable housing, the inclusion of multi-family housing of a variety of types, clustering of housing on smaller lots, and the encouragement of accessory dwelling housing opportunities. The Commission is also considering reducing street width requirements, parking standards, right of way widths and reducing minimum lot size as techniques for encouragement of affordable housing projects containing affordable housing components.
|
What do you consider "affordable" housing and will it be based on income.
Affordable housing has been defined in a variety of ways. Affordable housing has been defined by the Federal government as housing available for rental or purchase to low or moderate income families at thirty (30%) percent of their income. Low income persons are defined as those earning fifty (50%) percent of area median income, while moderate income families are classified as those earning less than one hundred (100%) percent of area median income. Some Government subsidy programs define the term as housing affordable to households whose income do not exceed fifty (50%) percent or eighty (80%) percent of area median income. The Commission has not yet defined the term "affordable housing" for purposes of the Pine Plains Zoning Law.
|
What is the Wellhead Protection Area and where is it?
The Wellhead Protection Area is the land in Pine Plains surrounding and contributing recharge to the public water wells. These wells serve the Hamlet of Pine Plains. The Wellhead Area was determined through a geologic study done by Dutchess County. It is located East and South of the Hamlet of Pine Plains. Please see the maps posted on the Town website at www.pineplains-ny.gov. The Wellhead Protection Area referred to is proposed to be an Overlay District that will contain development standards and requirements designed to protect water quality and quantity.
|
Will there by any restrictions on the size of dwellings?
There is no current plan to restrict dwelling size.
|
What is a dwelling unit?
Dwelling units can be defined in a variety of ways. One way of defining a dwelling unit is by reference to one or more rooms designed, occupied or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within for the exclusive use of a single family. One structure may have multiple dwelling units within it (called a multi-family structure).
|
What is being done to protect the Town water?
The Zoning will endeavor to ensure compliance with New York State required erosion and sedimentation control standards. Further, it will require setbacks from wetlands and streams, and an Overlay Zone for the Wellhead Protection Area to protect water quality and quantity around the Town. Density standards are anticipated to allow sufficient aquifer recharge to maintain groundwater quality and quantity.
|
How will view sheds and ridgelines be protected?
The Commission is considering implementation of certain standards to protect view sheds and ridgelines such as limited tree clearing around new structures at the top of a ridge; placement of the structure so that the roofline does not break "horizon line" of the ridge; and careful placement of driveways along hillsides so they are not visually intrusive or environmentally damaging.
|
What constitutes "development"?
Development will be defined in the Zoning Law, but has been defined as the division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration relocation, or enlargement of any structure; and any mining, excavation, landfill or land disturbance. Development can also be defined as "any activity other than normal agricultural conservation or forest management activity which materially affects the existing condition of land or improvements".
|
Will there be regulations of apartment buildings?
This has not been determined yet, but the Zoning Law will likely allow the creation of multi-family dwellings through Special Use Permit and Site Plan Review in certain areas of the Town.
|
Who will enforce the Zoning Regulations?
The Code Enforcement Officer or Zoning Enforcement Officer of the Town of Pine Plains.
|
What is an Overlay District?
An Overlay District is a Zoning District that identifies an area of special resource or area and it includes a set of development standards that apply in that area in addition to the provisions of the Zoning Law. The term refers to the superimposition of the Overlay District's lines over the Zoning District designation. Such Districts create a framework for conservation or development of special geographic areas. Overlay provisions typically impose greater restrictions on the development of land, but only regarding those parcels whose development may threaten the viability of the resources the District is designed to protect. An Overlay District can encompass one or more base zones. For example, the proposed Wellhead Protection Overlay District is a special location dictated by hydro-geologic conditions that span both the rural and agricultural districts.
|
Will the Town of Pine Plains bring in an economic impact consultant to evaluate the fiscal impact of the proposed densities?
The Town Board will make that determination.
|
Where is the ridgeline?
Ridgelines that may be regulated in some way will be mapped and included in the official zoning maps. There is no one definition of the term "ridgeline". The term "ridgeline" has been defined as the highest elevation of a mountain or hill.
|
What are the economic reasons for developing Pulvers Corners?
The Hamlet District in Pulvers Corners is not designed to be an economic stimulus nor does having a hamlet there mean that there is necessarily an economic reason to develop in that area. The reason for having the Hamlet District is to preserve and protect the character of that area over time. It is designed to ensure that any new development in the Hamlet occurs in a way that is consistent with the existing nature of homes and development in Pulvers Corners.
|
Does the Agricultural District allow horse farming?
Yes. The Agricultural District will include horse farming among a variety of permitted agricultural operations.
|
Will the Zoning proposal be voted on by the public?
No. The zoning is adopted as a local law by the Town Board. State Law prohibits the conduct of a referendum on zoning.
|
Will all the new businesses in Town have to be in the Business District?
No. In the Hamlet, the Church and Main Street District will also allow business uses. Please see the map posted on the Town website at www.pineplains-ny.gov that shows the extent of the Main Street District. In addition, it is contemplated home occupations will be allowed in all Hamlet Districts. Certain business uses may also be allowed in the Agriculture and Rural Districts.
|
Why is there a ˝ mile circle on the Hamlet map and what does that mean?
The ˝ mile circle indicates the general "walkable" portion of the Hamlet. It does not have any specific zoning reference and was left on the map to indicate how the zoning boundaries were developed.
|
|
Presented to the Zoning Commission and the community on August 9, 2006 by Anne Saylor, Housing Coordinator with the Dutchess County Department of Planning.
| |
|
The numbers on this Buildout Formula reflect a series of exercises and draft calculations that the Commission has used as it investigates optioins for guiding development. These numbers have no status or standing at this point, they were examples of an exercise only, discussed at the October 26, 2005 meeting and have been attached to the approved minutes.
|
These numbers reflect a series of exercises and draft calculations that the Commission has used as it investigates optioins for guiding development. These numbers have no status or standing at this point, they were examples of an exercise only, discussed at the September 14, 2005 meeting of the Pine Plains Zoning Commission.
|
A buildout analysis is an exercise designed to estimate the amount of development that can possibly occur if all developable land in a town is built according to the Town’s current land use regulations.
|
This Scenario was re-done using 3, 4, 5, and 10-acre base densities in the Non-hamlet areas, and 1/2, 3/4, and 1-acre base densities in the three proposed Hamlet Districts.
|
This Scenario was done using 5, 10, and 20-acre base densities on three parcels outside of the proposed Hamlet district.
| |
Zoning Commission Public Presentation held April 25, 2006 and April 29, 2006.
| |
| |
| |
| |
| |
The results of the attached survey represents all surveys received through May 9, 2006. Results of surveys received after that date will be reviewed at the next Zoning Commission meeting on May 24, 2006, after which those results will be added to the final survey totals.
| |
| |
These results represent all surveys received from May 11, 2006 through May 23, 2006. Results of surveys received on May 24, 2006 will be posted shortly.
| |
| |
| |
| |
| |
|
|