New Lebanon Officials Support Zoning Re-Write

by Phillip Zema
Part of New Lebanon’s comprehensive plan is to preserve the luster of its small town atmosphere. Accordingly, Town officials are hoping to establish new zoning laws, which are designed to help preserve natural resources, farmland and scenic views. Before the zoning re-write could pass, however, a public hearing was necessary. Because of various public concerns, last June’s public hearing was never officially closed, and so the Town needed to hold a second hearing on January 25. At the second hearing, more concerns were addressed. Some residents still feared the new zoning laws would adversely affect the community. By the time the meeting closed, however, a majority of the audience appeared to be on board with the proposed changes.
The proposed laws are quite extensive, but they all revolve around the goal of land, scenery and community preservation. In short, the highlights of the re-write run as follows: first, to avoid legal ambiguities zoning terminology will be clearer and more consistent. Second, there will be more detailed descriptions for land improvements and special permits. A new commercial-residential zone will be created. This area will extend from “the north side of Route 20 from New Lebanon Center east to the southerly intersection of Route 20 and Route 22.” Also, the Planning Board and Zoning Board would have the authority to use incentives to “promote clustered development, conservation and open space preservation.” Further details about the zoning re-writes can be obtained at the Town’s website.
Several residents feared the new zoning laws would compromise financial investments. For example, Robert Mittnight had intended to use his land for development projects, but the new laws would impede, if not eliminate, his chances of doing so. He asked if the Town would adopt a grandfather clause, which would keep him from losing his investments. Officials did not make any promises but stated that Mittnight ought to write a letter to the Board; the Board would then decide what course of action to take.
There was also concern about overlay districts and tax increases. The zoning re-write mentions the creation of six overlay districts (i.e. scenic, hamlet, historical, steep slope, flood area and agricultural districts). None of these districts, however, have been mapped out, as the process of creating them is still in nebulous form. Yet some residents feared these districts would harm business and community development and increase taxes. Many of the speakers, especially ZBA Member Tony Murad and former Town Board Member Monte Wasche, were adamant that mapping the overlay districts should be postponed for many of the new ordinances are not dependent on the establishment of such districts. Accordingly, they advocated a compromise where the Town simply voted on adopting the zoning ordinances. Ultimately, once the overlay districts are clearly mapped out, the Town would then vote on adopting them.
Another resident, Robert Smith, was concerned that the zoning laws might be designed to favor certain individuals because the new laws increase the authority of Zoning and Planning Board officials. Moreover, there was concern that if a few officials controlled local land use, various injustices might result. In response, Tony Murad claimed that the boards were comprised of community members who are sincerely working for the good of the community; the zoning laws are simply designed for the betterment of New Lebanon. Town Supervisor Meg Robertson said that Town officials are required to attend courses, which will help them make educated decisions.
There was widespread agreement among the Zoning Board, Town Board and Supervisor that the Town needs the zoning re-writes. The Board did not make any final decisions, however. They aim to schedule a voting date at the February 8 Board meeting. Because of public concerns, both Town and Zoning Board officials are attempting to be as transparent as possible, and as Tony Murad said, “if you have complaints about your property, you should feel safe to bring them to the Board.”