North East continues review of proposed zoning changes

MILLERTON — The lengthy process of reviewing and updating zoning regulations in the Town of North East continued on Tuesday, Aug. 26, as the Board of Supervisors pored over proposed changes in definitions and language for almost two hours at a special board meeting.

The meeting, held at the Annex of the NorthEast-Millerton Library, was another in a series to allow the board to weigh in on the work of the Zoning Review Committee, which by design has focused primarily on the town’s commercial district.

A public hearing eventually will be scheduled to air the proposed changes, which are geared to aligning the current code, which dates to the 1970s, with the vision outlined in the 2019 Comprehensive Plan.

Supervisor Chris Kennan thanked the committee for the work it has done over the past four-plus years and noted that the group of the same six volunteer committee members have met close to 100 times in carrying out their work, led by Edie Greenwood, chair of the Zoning Board of Appeals.

“We’ve been waiting for Warren to go through this,” Kennan said, referring to Town Attorney Warren Replansky, who asked questions of the board and the ZRC, which was present.

“This work likely will have the longest term significance of anything this board would do in its current term,” Kennan said at the outset.

The discussion was driven by Replansky who focused on details of the suggested changes. That included not only what would or would not be allowed under zoning, but also how it is described in the regulation language.

Replansky noted that litigation arising over zoning matters often pivots on language used. Throughout the discussion he suggested tweaks to wording that would clarify intent.

For example, “what is the definition of public infrastructure?” he asked. Sidewalks should be included as an example, and all agreed.

Board member Meg Winkler noted that the proposed language calls for “no more than 12 outdoor seats” for outdoor dining. “Maybe we should allow for up to 20 or leave it to a decision of the Planning Board,” she said.There seemed to be consensus on that point.

There were seemingly countless points to deliberate: What is the definition of a golf course? And the definition of a hotel? What is the intent in not allowing motels? Junkyards are not permitted, period. What about food trucks? It was agreed to look at the regulations of the Village of Millerton covering food trucks with an eye to possibly adopt them.

The group was asked “What is the definition of a medical clinic?” And also, whether to use “affordable housing” or “workforce housing,” and there seemed to be consensus to use “affordable” but include “also known as ‘workforce’ housing.”

During public comment, Ed Downey, a member of the ZRC, encouraged the board to continue to use the word “affordable” because “in our community the needs are spread across a lot of different sectors. It’s not just people in the workforce.” He cited retirees as an example.

The board ran out of the allotted time and will take up discussion of the proposed changes at the next board meeting on Sept. 11.

Downey also took the opportunity to appreciate the fact that this is the 40th year that Warren Replansky has advised the town, noting the attorney’s experience in zoning matters.

“We’re a very fortunate town,” he said.

The board reviewed a proposed three-year IT contract with Professional Computer Associates. Town Supervisor Chris Kennan stressed the need for an exit clause, and Town Attorney Replansky will review the language before a vote on Sept. 11.

Finally, the applicant for the proposed country inn has revised his application, clarifying plans are limited to agri-tourism, not hotel development. The board signaled it wants to move forward quickly, with a decision expected Sept. 11 after legal and zoning review.