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Zoning Rewrite Committee receives feedback from residents

By Derek Kirk
Posted 4/19/22

TUSTEN — The Tusten Zoning Rewrite Committee received feedback on a proposed local law, which includes amendments to the Zoning and Subdivision laws, at the Tusten Town Board Public Hearing on …

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Zoning Rewrite Committee receives feedback from residents

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TUSTEN — The Tusten Zoning Rewrite Committee received feedback on a proposed local law, which includes amendments to the Zoning and Subdivision laws, at the Tusten Town Board Public Hearing on Tuesday, April 12.

After the local law was introduced by Peter Manning, Consultant of Genius Loci Planning, some residents expressed their concerns, which included caution of allowing development only in the appropriate districts, parking issues and solutions, and keeping a consistency with zoning requirements in regards to any changes made.

“This is government process at its best ... all of your comments will be considered,” said Councilwoman and Chair of the Zoning Revision Committee Jane Luchsinger.

Following up on Luchsinger’s sentiment was Councilman Kevin McDonough.

“Your comments were very informed,” he told the public. “We’re all in this together.”

In the next step of the process, the Zoning Rewrite Committee will gather and discuss the feedback given by the public, and make further recommendations to the Board in the coming future.

A look into the local law

The local law as introduced on Tuesday is currently subject to change at the discretion of the Zoning Rewrite Committee based on the feedback received.

Its full current state can be found on the Town of Tusten’s website.

The local law includes revisions to Articles II, III, IV, VI, VIII, XI and XII of the Zoning Law and adjustments to the Subdivision Law.

Some familiar technical definitions are subject to change in adjustments to Article II, including ‘front yard’ being split into a ‘primary front yard’ and ‘secondary front yard.’

Under Article III, seven districts would be updated within the town.

Those reformed would be titled the Scenic River, Recreational River, Rural Residential, Rural Development, General Residential, Roadside Business, and Downtown Business districts, in addition to adding several parcels to the Roadside Business and Downtown Business Districts.

Under article IV, a revised schedule of district regulations are introduced, which reflect recent changes to the zoning law on the subjects of conservation subdivision, camping, and accessory and multiple family dwellings. The schedule also would include various adjustments and updates to “improve its usability.”

Several “improved standards” were introduced under Article VI of the Zoning Law. These include “lowered disturbance thresholds for town review of clear-cutting activities, enhanced landscaping and parking requirements, inclusion of standards for best management practices for timber harvesting, and adjustments to stormwater protection regulations to be consistent with NYSDEC procedures and requirements.”

There were minor adjustments introduced to Article VIII, Special Use and Site Plan Review Criteria, in order to ‘strengthen language for the protection of water quality.’

The amendment for Article VII is intended to enable the Planning Board to waive parking requirements both partially and wholly in the Downtown Business District for uses subject to Site Plan Review and Special Use Permit.

A revision of Article XI, Appeals, Variances and the Zoning Board of Appeals, improves its consistency with state statutes.

Under Article XII, General Provisions, a new section titled Application and Review Fees is added, to ‘help ensure that the town has sufficient resources to cover the costs of processing and reviewing applications.’

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