Planning Board - Regular Meeting

law um does recommend um a four uh map changes um and by four I mean four parcels into map changes. So, three parcels are going to go from the IP or at least the proposal is to go from the IP to the SR2 and then um one lot is going to go from um LB um Sugarloaf to SR2 and I can give you those lot numbers. So, you're going to want to look at those specific lots and answer the questions um again with respect to that. You can also are welcome as a board to make if you find a typo, please let us know. Those kind of things. You're not confined to those questions. You can certainly raise comments, but from a regulatory, those are that that's your charge is to answer those questions. Um, I do want to just I'm more of the process and I'll let Kristen speak to some of the comprehensive plan goals because she um spent the time with the committee, but I do want to just speak to the um the process. Um, your previous code made references to special permit. there were like six or seven references to special permit except there was no regulations for special permit and it wasn't clear. Um so we have pulled that out and made sure we have created a whole new special permit section and designated um designated provisions for special permit. Um and that is um that's in article five under planning board. Okay, you still I left 29. There's some substantial revision, but that that

article now flows special requirements for spec specific uses. So if you have a specific use, you're going to go look does it meet this requ does it meet the specific requirements that largely follows the same flow. Um, and then I'm getting there. One second. So, I did pull up article five. Yes. Um, site plan approval is in the same spot. That's at 9830. And then I have added um the special permit procedure. I think that's 9831.

Special use is 9831 standards. Yeah. 9831 is your special permits.

Um and that largely follows um the the state law procedure. Special permits give you an opportunity uh things such as if there's a use. Uh you can come to you can ask them as part of a condition to require a renewal. Um so you can check it renewal time. Have they done what they said they were going to do? Did you know have they been the good neighbors that they said they're going to they're going to be? Have they done their maintenance like they said they would do? Things like that. Okay. So that's a that's a new procedure for you. Um your site plan procedure. um has been amended relatively heavily because the site plan procedure really conflated site plan, subdivision, and special special permit. Um and they really are three separate applications. Often they come together. You might have a subdivision and a site plan simultaneously. You might have site plan and special special use. You could have all three. Um but under your state enabling statutes and that's the state law that authorizes towns and villages to have planning boards um they are treated as three distinct applications. So the code really in my mind was this mosh pit of the different procedures. So I tried to separate that out. Um for example I got rid of pulmonary approvals. They they don't exist in the state enabling statute um for site plan. They do in in subdivision, but they don't for site planning. Um, I think it also muddies up the water because you give somebody a preliminary approval, they disappear for five years, and then they come back and then they say, "Well, I got preliminary approval five years ago.

What do you mean you don't like the project now?" And then you're then, you know, and I've seen municipalities, right, Kristen? You've seen municipalities get stuck with something because there was a preliminary approval of some Yeah. I mean, or you've got, you know, applicant has something in their hands and says, "When you did this before, you said that there were no impacts associated with this height, this size, this whatever size building. So now you, you know, that's expired or or you come back 10 years later and there's a neighborhood next to you instead of something, you know, the the the surrounding circumstances could be entirely different." Um, another procedural thing I did, um, I'm a big fan of this. Uh, I made one section for public notice and everywhere that says a public not public hearing, you go to that section. Um, because if you sprinkle out in one section, it could be you have to notify 500 feet, 300 feet, whatever it may be. One standard, one process, one

You're welcome, Melissa. 9831.2. Hallelujah. Um, and we've also incorporated a signage requirement for special use permits. So, if an applicant, um, because honestly these days, folks don't read the newspaper, they don't get the green card, they don't they're like, I'm not going to go collect my my certified mailing. Um, and unless they're in that mailing radius, Yeah. What's going on? The sign, they drive past it and they go, "Oo, there's a sign. What does that sign say?" And then that's how

it was talked about to do it for um uh public hearings, too. But that I don't know if that's I didn't see that in there. I don't know. No, it's the the public hearing for the special use. It's just for the special use permit because it is expens there isn't there is a cost to it. Um so if you've got somebody coming in for a very minor site plan, right, it because they have to make the sign. Um, so there is a cost to it. So we were trying to minimize the number of applications. Is there like some certain like Yep. There standard the size. The sign shall be at least 30 in by 20 in cons. Okay.

Um Oh, there's a typo though. [Music] Um, sturdy and serviceable material. So that's that um poly core. Okay.

Um, containing a white background with black letters. and shall be placed in a location plainly visible from the most commonly traveled street upon which the property fronts. But oh, there's a double typo. Look at that. See, I'm finding all the typos in no case more than 20 ft back from the front lawn line. Um, and the lettering has to be 2 inch lettering. [Music] Um in addition um let me just going through I won't talk to you about the ZBA stuff. Um there is a new a um whole new section article 11 on battery energy storage systems and equipment. That's a brand new section for you guys that didn't exist [Music] and trying to just we also went through and added a lot of definitions. Added a lot of definitions, struck some unneeded definitions, uh clarified some definitions. Um for example, um floor area ratio was not defined. It's now defined. Some fairly large things were not defined. So we we went back and added a lot.

I just had a question about floor area ratio. Sure. Um it's I think it's 20%. Is that Well, floor area ratio has is is based on the size of the lot and it's it's a it's a scale based on the size of the lot. So, we have not touched the floor area ratio um percentage the the values. Uh what we had put the table in

the table was there. Um the table was there. My poor assistant because when I copied it over, it didn't copy well and I had to make him manually put it into a table and he had to go line by line to verify that we weren't altering any of the numbers uh when formatting. Poor guy. Um what we have done is corrected some of the definitions, but your the biggest flaw with your floor area is it did not define the calculation of how you calculate floor area ratio. So we have put the calculation in the code. I just I had never looked at it before and to see I I understand the rationale for it but the as the lots get bigger the houses get bigger like

can get bigger just to uh outrageous proportions at one acre about 8700 square feet which I I could see their houses may be that big but then you go up to two acres And yeah, so I just you can always just struck me as the the numbers seem to go up out of proportion. Um we can certainly evaluate it. I we did not at this as this go around certainly flirt um flirt just a comment. I know it's not it's not maybe our place to just you can certainly I was struck by that table if you read it to the bottom.

Yeah. the size of the houses get

this board this board has the authority at any point in time and I often find with some of my boards when I when I do rep I know I don't represent you guys regularly um sometimes I find when we're representing a board we get an application and we're going through the zoning code and we're like oo that's an unintended consequence or oo there's you know this is you know sometimes you get some of the really old provisions are not realistic for today's standards or something and you go that shouldn't be there anymore. That's not a good that that's not helpful. And that you're certainly welcome to write a letter to the town board at any point in time and say, "Hey, we came across this processing an application. We asked the board to consider this." And the board can either take it up or can't. But you certainly as part of your perview as the planning board can say, "We found something in the code that we think needs to be changed." And you should write a letter articulating what needs to be changed and why it needs to be changed. [Music] I don't know if this is a duplicate or not and this is a preliminary site plan review that the planning board is authorized to retain such consultants like and then in the site plan application it it's stated again but maybe for

where are so in D it's stated here and then in H it's stated here.

I don't I mean it it it fits in both areas, but yeah, I'd rather have it twice than not at all sometimes. Um because if you're doing this but I wanted what I wanted it to be clear is that this board has the authority to hire you know if you're having a battery energy project you're going to bring in a specialized consultant for that project. you're not just going to um so yeah rather have it twice than I'll just look [Music] like question she just took one of your questions

fortunately it's not like college where they're like everybody has to have one question. [Music]

So I mean it's it's better twice than [Music] Jeffy. So this one is in D and then this one is in site improvements under H

E413D. [Music]

Oh, I just I I misspoke. I got rid of sketch plan, not preliminary. I just I misspoke. Okay. [Music] Check my pages out of sequential order too which isn't helpful. [Music] Yes, I see it now. Yeah,

I It's fine in both. It's okay. It's fine. Yeah, we'll leave it. We'll leave it. We'll leave it there. [Music] And I did see I don't know if we we're putting in um that the applicant has to put a performance bond for the full cost of the project. Did I read that wrong? For NE. So, performance bond or a letter of credit or cash deposit costable improvements and treatment. That's what's Yes. Um that's what's being um inserted now. So, proposed.

So, proposed. So, they also have to pay like if it's going from like Oakwoods went from one lot to and there we just imposed I think in January that it's a 5,000 um dollar lot per lot. Is that a payment in lie of parks? Park. So that's separate. That's separate in a park. And now this is going to be Yeah, typically that's for on-site improve that the bond public improvements should should

we we just we're having this discussion in in Monroe right now. Um because Monroe has similar language to this. Um and that's a discussion for the board. um how far some municipalities it's purely public improvements, some municipalities it's broader than that. Um that's a discussion that you guys can can can evaluate and provide comments on. Right now that's the proposal. Um and then there's 5% total cost for the town engineer for the inspections. Yeah, that's pretty. Yeah, that's pretty messed up. For a subdivision that you wouldn't bond the construction of the houses themselves.

No, no, no, no. It's not the building itself. It's it's everything else though. Everything outside of it. Okay. Because it says the cost of all improvement. The drive the driveway is the stormwater pond like the you wouldn't bond for that in a subdivision. You might not build it for as you build it as the lots are built usually. Oh, so we can that can be a comment. I mean, letter of credit can sit. It's not really costing a developer or anything, but

we're I've had this debate in a couple of municipalities um about what the appropriate level of. So, put that in your comment, you know, if that's a question. Okay. And sometimes the comment can be a question itself.

Oh, that's good to know. Don't give me too many questions to answer, but it can be, you know, [Music] the other one I saw and this is just something small and I don't know where I saw it. It's about having um I think it was a three acres that you could have a one- ton truck parked. that goes back to it being forget how long ago that was implemented and now it's bumped up to six acres. So say if someone that's their work truck or that's their So it's I think you're referring to um the contract the accessory contractor storage right

um generally somebody can park within and there is a section if you know Joe the plumber is residential is residential and has his work truck he can park his work truck in his you know he can take his work now can his driveway become a parking lot for a fleet of work trucks? No. Um but uh you have an accessory like contractor's yard which is far more than just parking a single right work truck that's storing and supplying and everything else. So um I think that was a committee recommendation Kristen to up to six. Yep. Yeah. That's in residential zone too. That's in residential

because I know like it's a weird accessory use. I've I've never seen that kind of accessory use. So, I think the the thought process was if you're going to have the contractor's yard, you really need more acreage than the surrounding homes. But if you still if you have one work truck, that's not a contractor's yard. That's you. It's okay. The six the six acres. No, I don't I don't um we had discussions about that. Um I can try and find That's okay. No, I I kind of just derailed this. So, let's go back to where I have to do this by word search because I'm not that good at um actually have the same similar questions about it, but then it like differentiates between just like the homeowner

and the contractor's yard.

Yeah. [Music] A second. I have like multiple folders of all of this. Let's see. [Music] [Music] Here we go. [Music] Um [Music] so that truck issue is addressed in 98-22 which is your off- streetet parking and loading facilities in residential districts and non-residential lots in all districts licensed automobiles commercial vehicles under one ton and by one ton we mean we had this whole discussion because it wasn't defined. One ton is intended to be in the classification of vehicle, typically a pickup truck with a 2,000 lb payload and not the weight of the vehicle. And motorcycles may be parked on the driveways in the front yard. Utilities and recreational camping trailers, recreational camping vehicles, and boats with or without trailers shall not be parked in the front yards. They can still be parked, but typically they're parked in the sideyards or in the back. Um, in the AR3 and SR1 districts, one licensed commercial vehicle over one ton capacity and agricultural equipment may be parked uh and or stored in conformance with the following minimum requirements. And then that's the

So I think that's going to affect a lot of people that are currently a threeacre and they bring their work truck home if they're like say a service truck, you know. Well, they would they would still um maybe it says, but it says it's going up to from minimum lot area from 3 to 6 acres and the SR3 then everyone in that currently does it in SR3. Well, the six acres is only an AR3 and SR1, right? So certainly if you want to if you guys want to discuss the potent again that's

is there a definition of contractor storage? I'm sure that that says that there's got to be some type of actual action not just the parking of the vehicle.

There's no definition but let me just double check with both tables. [Music] There's nothing that defines it in the ball table, but I think if you just include a definition that makes it clear that it's Yeah. more than just this more than just the parking of a commercial vehicle. It's the actual storage of equipment or the contractor uh the tent the permanent storage versus an overnight parking situation.

Yeah. The bulk table reads contractor's equipment storage as an accessory to a residential use with site plan approval in conformance with 98-22A4. So I I see that more as the equipment and not a truck. A truck. But if if we're asking these questions, then the appropriate thing to do is clarify in the zoning code. Well, let me ask it a different way. Melissa, I hope you're taking good notes. I have I have a tractor. I'm thinking about getting a larger tractor. would have been able to have tractors on their property of 18 acres. Well, you you far exceed the six. Yeah. So, I mean, that would be a a tractor is an agricultural. Yeah.

Or lawn mower. One of the two. And either one's per also if you're storing it in the garage under most codes, you can store pretty much anything. Um all the codes about, you know, unregistered vehicles and everything else. If it's in the garage and the door is shut, we do not care.

Yeah, 18 acres requires a bigger tractor. So, I think just Melissa, if you make a note that to clarify that, we can add some language clarifying that. That's that's I think a simple fix. Contractor storage charts. [Music]

I don't know that I don't know that we need it. I don't know that you Melissa, don't go nuts. I don't think you're going to need the projector. I don't have pretty I don't have pretty maps. I don't have a pretty presentation then. Good. So then I can take amazing notes

and everything is online. [Music] So the other thing I saw I don't know I don't I'm not trying to put my questions out there. you guys direct where we should go and go over what you want to go over and then that's Go for it.

No, as I see things I um I noted some things. It said um in the cluster it said um in its judgment shall have the right to reduce minimum lot area requirements for cluster development in order to achieve increased open space preservation or benefits beyond those require. Um my question is are you leaving it in the planning board's hands that you can dictate the size so of what the lots can be for a cluster? So what you what that is essentially doing is stating so if you look at the bulk tables you have your minimum lot size and then in parenthesis you have a smaller number. That's your bottom number. Okay. Right.

Okay. You may not just because you're clustering doesn't mean the planning board can go to has to go to two but like so for example threeacre AR3 um you know you guys may say that's we can reduce that lot size it's a it gives you more discretion so you can be less than three but more than two um so that's kind of mirrors so that's you still have the bulk table there to should that be in there as per the bulk table or no it's that's it's repetitive Okay.

Okay. I'm done till I see something. I have just a just a a small issue in under uh article one general provisions provisions, excuse me. Um it it um talks about fair cutting. Mhm. Land disturbance is in the red. Yeah. Well, it's a def it's more just a definition.

A method of harvesting where substantially all trees on a site or portion thereof or remove um clear cutting is prohibited except association with land disturbance activities within limits of disturbance shown clearly on a site plan or subdivision plan. Um, it just it feels like there's something missing in the definition as a are we talking about a a percentage of land? So like a minimum a minimum. Yeah, some kind of a minimum. Okay, I can carry that over percentage or an area

need minimum. [Music] No, that's a good comment. I can clarify that. That's easy. That's the definition of clear cutting. Yeah. I was that it's in the definitions. It's article one. Okay. I It's more the poor I I see his point. The portion there thereof, you know, if I clear five trees on my 2.7 acre lot that happen to be clustered together and leave an open space, that's not really clearcutting. Right. Right.

Yeah. But if I clear 20% of my I get it. If I clear 20% of my trees, that's clear. I can I can look up um the town of Cornwall and the town of Newberg both have um tree clearing walls that I can see

also. Well, we also have the Let me just I'm going to get to land um disturbance. We we instituted a whole land disturbance um permit and that's in 9812. Um we had lots of discussions about that um because your old code [Music] and I think that's in that's in three Your old code 9812 used to be removal and excavation of soil and stripping of top soil and had a fairly small um thing about that. And really the way you what the way it read was that was akin to soil mining quarrying and the general consensus of the committee and comprehensive plan is we want to move away and start making quaries and that kind of use non-conforming and move away from those uses. So we really said that's not really what we want to encourage. So let's take it out of the code. Um there was lots of discussion about clearing. we have had situations in the town um and we wanted to make sure um so we've instituted a land disturbance uh permit scheme that's fairly lengthy um and again that's an article 39812 and um so I can go through there to see if there's a standard I can carry over to definition um minimum standard. Now, if you approve clearing as part of

a site plan or a subdivision, hey, we're going to clear this section of the property, that's fine. They're not coming to you for a separate permit above and beyond that. This is stuff outside outside that. Okay. It also exempts ag I want to be clear. It exempts a bonafideed agricultural activities. Um,

I have a question in that article, not the dis the disturbance, but the um non-conforming it's it's uh D2 3D2 just I know I was just trying to imagine what the circumstances of that might be if you could provide an example. Cool. Okay.

So, Joe, I'm going to go back to picking on Joe today. Joe owns two sidebyside parcels in a 3acre zone. He's got a 1 and 1/2 acre parcel with a house on it and he's got a 1 and a half acre parcel. If they are in the same ownership, they merge and he's got one 3acre parcel. Okay. So, how does that affect the assessment? the assessor.

Um so depends on timing and depends on each case fact specific. Um sometimes they're still assessed separately and the merger is not identified till they come to the planning board wanting to do something with that second lot and you're like wait that's a non-conforming lot next to a non-conforming lot. Um and at that point they would be merged and then the assessor would merge them and treat it as as one assessment. Um sometimes they they see it and they do it automatically. Um also times sometimes uh owners request that lots be merged so that they can get a project done. Um or the planning board makes a condition that you know you've got two two lots that they're going to be merged so that they operate as one development. um and then the assessor would merge them. But for planning purposes, um a merger is pretty typical that uh if there's a a non-conforming condition that can be remedied because you've got other land over here. Um you don't get to rely on the pre-exist you don't get to li rely on the undersiz undersized lot.

You're not sort of grandfathered in. No. No. Now, if you've got two lots with a house and a house that predates zoning or predate the change to a higher zoning, then they are pre-existing non we're not we're not making anybody tear down their house or a structure. But if they've got a perfectly good vacant lot next to them, they would merge. Most codes in my experience, right, have a merger provision. Yeah.

Okay. Thanks. Just it's not something I've seen. Everyone's Well, you also see um people sometimes get sneaky and this lot's owned by Joe and this lot is owned by Joe LLC and then they're not in common ownership. [Music] [Music] Your goal with any, this is just a broader thing. When you adopt a comprehensive plan and then you adopt a zoning code, your goal as a in general is wherever to the extent practicable to eliminate non-conformities. So whether that's a use or areas, right, is to eliminate those non-conformities over time. um the if a pre-existing use they get they're grandfathered till the end of time so long as they continue that use but if they abandon that use that they lose that they but that's your that's ultimately your goal um which is why use variances should be fairly rare. Um and but again this is one of those provisions to kind of move folks along with respect to nonconformities and to work towards eliminating non-conformities. [Music] One thing I did see and I'm not sure where I saw it. to go back to find it is um notification is typical for a public hearing, but did I read um in an area that notification for a pre for like a preliminary?

Yeah. So, and this can be a discussion point for the board. I I don't take a position one way or the other. Your code has a permissive um essentially application notice. a notice gets mailed to the neighboring the neighbor saying hey an application Warwick has this requirement um hey an application has been filed uh we're not at public hearing yet but you're allowed to follow it along here's my point to the town board when we did when we had these discussions about this proceeding this this amendments um if you're going to have it have it if you're not going to have it take it out so it was the planning board may require either do it or don't because if you say to one applicant you have to do it but you don't and somebody say why are you treat it just opens that door of why are you treating us differently and that's not so um the town board said you know what let's leave it in let's see what the public comment is I don't have a position one way or the other other than pick a spot in or out so I'll defer to you guys to deliberate on that that point it is an additional expense on the applicant [Music] Do we want to go to zone what the zoning changes are or I don't what's what you had said before Kristen when we started

you want to look at the the table or the Which zoning did you want to look at? I think that you had said to go over the table. Is that I don't know what what direction which direction you're Sure. I think Liz, did you get through the full list of I think that you went through all of the the text? Yeah, the high points of the text changes. I think so.

And we tried to give you red lines so you can kind of see where they are. Um, I could it could take me hours to go through each individual. Uh, I think I've got most of them I think and having Kristen go through um, now Melissa, if you want to pull up the bulk table, that might be helpful. From 2017, correct? Um, I think 2025 you the new ones, the proposed ones. I did have one other one other thing in article four. there about rich overlay. That was one of the goals to modify.

Right. Right. Which is great. I just there's um in um I'm getting there. It talks about it names specific roads. Yeah. Pine Hill Road, Gold Mill Road, Black Meadow Road, or a state, county, or interstate highway. Um, I don't know if that does that cover all of the roads, three local roads and then state. I would make that comment. I would include that comment in your letter then. Okay. I don't think that we changed that though. I don't think that that's a change. That might be the existing

red on my Hold on. I'm getting there. Well, actually, the other maybe it was already there in the I know what you're talking about. Um I just have to find it. Give it. Yeah, I don't think that we we certainly didn't subtract any. No, no. I was just wondering the wording if it was for example Pine Hill Road Mill as it it sounded like it was limited to only those local roads. Oh, it's specific instead of being a Right. Yes.

Yeah. I mean, they wouldn't it's ridge preservation. So, I think that that's just the major the major connected roads in the areas of the town um where the elevation is is relevant to the ridge preservation. Um it map

Yeah, it does say um the visual. So in D2, hold on, it's in two spots. So visual impact analysis, the visual impact assessment, and I should change that so it's same. The visual impact assessment um shall include a a photographic study taken from designated vantage points or areas along Pineh Hill Road, Bow Mill Road, Black Meadow Road or State, County or Interstate Highways with the location of the proposed clearing new structures and its site indicated thereon. Um All right. Well, based on that,

I I think the planning board has Yeah. CL would have discretion to review a viewshed map before any analysis was done from distances and vantage points as determined appropriate by the approving agency. So I think you have if there's a specific point that you're saying this is an aesthetic resource in terms of the rich overlay you you can you know see everything you can say we want it from you have that flexibility as a board I was looking at the spot it was in the procedure paragraph. Yeah. Yeah. That's yeah it's worded a little bit different. Yeah. So that's right. So, if a a lot fronts on a lot that or excuse me, a street that isn't mentioned in that list, then you would still evaluate the impacts to neighboring properties um in the in the analysis.

I think those roads are really designed to to be the when in doubt, start there. Yeah, I know. I I think specifically they're in the areas of the town that have the higher elevations in the the map that that goes to

but you can you know there's a very look every case you get every application you get is going to be a sightsp specific application and we can do our best to word this is but we're never going to regulate for everything. There is just no way. So, I think the intent here is to give you some guys some flexibility. Um, because there's going to come up some situation where you're like, "Yep, not an issue from the road, but it's an issue from the park or it's an issue from whatever. [Music] Kristen, I'm gonna let you you do the bulk table.

All right. You lucky you lucky.

No, we can shoot through the bulk table. Um, I think we'll just start with AR3 and go right through, but for the most part, the the major changes to AR3 are kind of Liz already talked about the the cluster regulations. So, you can see that those the lot areas and the setbacks have been increased a bit in the cluster regulations. and then consistent with the plan's recommendation to really encourage agricultural and support agricultural uses as much as possible. Um, and to make sure that that the town's code is consistent with New York State agon markets regulations. We've added agurism uses as an accessory in the AR3 that's on the second page as you scan it scrolling. you have agricultural uses um and a lot of the bulk regulations. So like you'll see smallcale energy, large scale utility system. So that Liz already talked about adding that to the code. Um you'll see that instead of having separate bulk, it just will refer back to the the special permit criteria in the code so that there's no ambiguity or confusion, all those regulations and setbacks and things for those uses are right in that in that special permit criteria in the code. when you're talking about the small scale energy.

Yep. Um I was looking at the section talks about the requirements for um any solar company gets they sell these devices at Jackaryi or EcoFlow device that they have set up charging. Does that require a permit? So that's solar. Yeah. What's on the bulk table? Um, you're talking battery. I know what you're talking about. Battery energy. Uh, they usually have solar chargers with that now. Even have solar generators or solar powered air conditioning units.

Well, let's go to the definitions. Always start with the [Music] Let's see. A small-cale solar energy system is a solar energy system that does not produce more than 12 kilowatts per hour of energy or solar thermals or a solar thermal system either of which serves only the buildings or structures on the lot upon which the system is located. Does it include portable is my question. Really

portable? No, because portable isn't attached to the structure. Isn't wired into the isn't wired into the structure. It can't be plugged into I would argue that it's not. I don't know. I mean, my general electric appliances can be plugged into the house, but you don't get need a permit for them, right? I don't think something that's plugged in is it's not a permanent structure. No, I'm not I'm not arguing the point. I'm just asking the question because there's a there's an ability to do that. You get an eco flow system that you plug into your house and powers your house and recharges with solar.

And what is the size of something like that? Um I'm not sure what the kilowatts are, but No, I mean like how like a suitcase. I don't think the town has an interest in regulating that. I think the point of this is regulating solar panels that are high and glare and and all that and put in your garage. Also, um dismantle, you know, things like um the solar fields at at the end of their useful life, there needs to be, you know, procedure, decommissioning, all that fun stuff. So, I don't think that would qualify. Well, if it would be clarified. We It's not an enforcement nightmare down the road.

Something for our You can add it to your comments. The existing code, it says solar energy system does not include a solar energy system of four square feet or less. So that's small. Um I don't know what I what I saw had to do with the size. It could be in the house and sticking out or research that stuff. You go to Harbor Freel something

people. That's the thing where you are going to get something in front of you or the building inspector is going to find something and you're going to be like we never thought somebody was going to try to do that. you're like and it there is a little bit of game of whack-a-ole in terms of writing a code um because you get that application you go it needs code it's not and there's not much you can do you know so it it is a little bit of a game of

happens all the time um but yeah so is is that that exclusion that's um solar or systems that are less four square feet. Does that cover what we're trying to cover or do I need to revise that definition, too? It says that excludes anything less than four square feet. That would exclude whatever you're talking about that just smaller ones. Yeah, it would.

All right. So, are there any other are there any questions on AR.3? I think for the most part these uses are things that you you've all seen before. I don't think there's anything terribly surprising in here. All right. um SR1 again you'll see the the differences in the the cluster provisions with the the setbacks in the minimum lot area in parenthesis that's they differentiate based on whether the house has uh central water and or central sewer which is the case today you'll also see see all those SUPs under site plan approvals those are all now special use permits,

right? So, now there's there's specific provisions and procedure in place for anything that is a special use permit, which is gives the planning board a little bit more discretion uh to be able to review some of these items a bit more carefully. Anything that typically those special permit uses are things that have a tendency to need to be reviewed so that they're not aggravating the neighboring property. something like um you know, if you're operating a bed and breakfast in in a residential neighborhood, that's something that the planning board's going to want to look at carefully to make sure that it's you know, if they're they're not throwing concerts at 1:00 in the morning, it's not outdoor speakers and lighting and things like that to make sure that that's all not going to drive the neighbor nuts.

Um again, so solar, I don't think that there's really much any change to this besides those cluster regulations, quite honestly. [Music] Um I think SR2 is ex this in the same boat.

Um varying lot requirements based on the whether or not you have central water and sewer. A handful of special permit requirements that have that are most of those are there today. So nothing really new there. [Music] [Music] SR6 is your zone that allows for some additional housing options. Um, again, they're based on whether or not you have water and sewer, but most of the SR6, I believe, does. I don't think we added anything of note to this. Um the RORO district I think that we increased I I don't think we did anything to RO. It's it's really only like two or three lots directly adjacent to the um Whispering Hills. I'm like, what is that a complex? Um, it's like backs up to Whispering Hill. So, I don't think that we did anything to Aro. It's really like three lots. Um, for the most part, it's like two houses in a in a converted office.

And a lot of what we did was um small tweaks and clean up of a lot of the stuff for clarity. So,

I mean, there was there was a lot of stuff that either that that either didn't make sense or was kind of out of whack. Um so we you know just kind of look at some of those things and a lot of instance I mean not maybe more in the commercial than in the residential but some places where we did change the definition of maximum development coverage to include all imperous services. Um which I think is a good change because you always want to look at the property as a whole. But then we did have to go back in and make sure that that change wasn't totally making a lot of commercial properties that do have sizable parking lots um either making them illegal or making the lot impossible to develop appropriately um later down the line. So a lot of those kind of changes like that. Um again with this and like making sure that special permit was applied where where relevant Um, in the LBSL district, we tried to, again, this plan, the comprehensive plan, I think put a lot of emphasis on support for Sugarloaf um, and trying to be as flexible as possible to allow Sugarloaf to succeed and to uh, for economic development purposes build um, with as much flexibility as possible there. Kind of keeping in the in the character of Sugarloaf. So allowing mixeduse buildings, allowing reduced lot lines, reduced lot um setbacks and things, auction houses, galleries. There were things that were very common like seemingly um appropriate for Sugarloaf that were not I think galleries and galleries weren't permitted in the zone. We added some things like that just to make it clear that all of those uses are are permitted and all of them are permitted as of right. The biggest

change that was requested by the committee um was that because there's been a trend towards converting a lot of those shops to all residential. Um, and that part of the character of the Sugarloaf community was your mixed juice with some sort of residential, mostly retail, artist shop, whatever, down on the first floor, street facing, and then apartments upstairs in the back. So, we tried to and you'll see we referenced the the site.

Yeah. The def we changed the definition. I mean, we clarified the definition of mixed use because either way, either mixed use it didn't even it their definition didn't say you needed to include a residence. So mixed use, there was confusion a few years ago on a project where mixed use was was interpreted to mean multiple commercial commercial uses in one building. Um, and you can do that on a ground floor, not on a second floor. So we just tried to clarify that to make sure that you got a question when that bidding process for um Scott met no went for sale for auction and they wanted to know if it could be a

and use X so 29X right which is that use is specifically tailored towards the Sugarloaf zone so it's labeled mixeduse buildings in the LBSL zone.

Yeah. Um it's in the it's you know discusses the intent. Multi-use buildings shall have at least one commercial unit in new construction. Such commercial unit shall be at least 600 square f feet. Dwelling unit shall be located above the floor at grade or to the rear of the building in such a manner that at least one commercial unit has windows and an entrance fronting on a public street. Dwelling units shall have a minimum of 600 square feet of livable space and shall provide parking in accordance with the parking requirement set forth in 9822. So that's really that goal if your intent is to keep the old style of the, you know, the historic style of Yeah. Right. retail residential.

Yeah. We didn't want property owners in Sugarloaf having to come in for variances and or or restricting what they could do. Really wanted to as long as we're keeping in the the existing character, we wanted to be as flexible as possible there. um LB I think in LB and GC together we kind of looked at the uses very carefully. The committee again wanted to encourage economic development as much as possible and encourage kind of hospitality uses like hotels and restaurants, outdoor dining, um outdoor recreation, kind of modern uses. I think we did allow um [Music] maybe that was GC um like film studios. We wanted to make it make sure that a lot of modern uses were able to be pursued in these zones and we got rid of some of the zones some of the uses that were less compatible. Um, I think Liz mentioned, um, quaries, things that involved heavy machinery, loud noises, outdoor outdoor noises, outdoor processing. We tried to get rid of some of those uses so that those uses would not then discourage the development of a restaurant. You probably don't want to sit outside and dine next to a rockari. That is not encouraging those type of uses. Um, so that that was the thought process there with with the the changes that were made in the LB and the GC zone together. [Music] [Music] Um, OP is another one that's kind of limited in location in the town. Um, I

don't think that we made a lot of changes here, if any, to any uses. Uh, IP and I, we added some more modern uses. Again, you'll see film production, outdoor recreation. Um we added requirements we added some requirements for um buffering against residential properties. You'll see the the one in the IP district. You'll see that one in parenthesis and that is a requirement for where the property adjoins an AR.3 SR1 SR2 or SR 6. There'll be a vegetated buffer of at least 150 ft. So that is a new requirement to make sure that we're buffering any industrial uses or large commercial uses from any residential properties. That was probably one of the biggest changes that we made to the industrial districts. [Music] We had we added film production. We added outdoor commercial. We added restaurants, bars, and retail as accessory to outdoor and indoor outdoor, excuse me, indoor and outdoor recreational uses. Um, again, trying to keep things kind of modern and flexible to encourage those types of uses as opposed to more industrial um more industrial uses. Any questions? I'm going through this really fast, but most of the stuff is the majority of it is there today.

Um I have one sure um under 9811 under accessory buildings where it looks to customary accessory uses. I think it's F. Let me get there. Hold on. [Music] I'm glad that you guys have insights. This is sometimes I go to my planning boards and present this and they're like, "Okay, you guys have like read it and have questions. This is great." You said 9811. Yeah. Section. Okay. Yes. Yeah. That definition is different than what's on the table. I don't know if that's intentional or

Well, I I think the goal was to to clarify because a lot of the bulk tables um had customary accessory uses um without going into So, I'm just looking at this um Oh, are you talking about AR3 and stuff like that? I think they they're all the same as far as the customary district for the most part. It just it reads different. Let me just take a look. Just double check something. It's a good catch. It

Let me just [Music] Okay, I can make that. Um maybe a combination of the two. Yeah, I think um some of it is what is customary residential accessory is in the eye of the beholder and we want the eye to be slightly narrower than like the world. So um I I got a note uh for consistency with bulk table. You know, I noticed that when I was going through the tables that some in some locations like it says swimming and waiting pools like the the wording was just a little bit different in each of the

I think the I think the answer is we double check the definition but I think you just say for simplicity customary accessory uses um and leave it simple keep it but we can we can figure that out. But that's an easy that's an easy fix. Yeah. I don't know why. I mean, it just maybe just as it was added over the years, it was added slightly differently or copied from a different and I just I didn't catch um those those terms like private garage, shed, storage, the way that it's worded was just like a little bit different in some of the zones. We'll double check that for Kristen. I will double check that for consistency and then um combination

and and just consistency with the text for um and that's uh 9811E.

I think the important part is that the accessory should be subordinate to the residential use and not operated for gain. Right? That language has to that language really needs to you know part is good

incidental and subordinate to. There's nothing like you got the little teeny tiny house and then you got like a indoor basketball court next to it that's three times the size of the house. like it's not what you [Music] any more any comments on the tables on the uses on the bulk rags? [Music] Awesome. We also um cleaned up um in some instances your table said make distinctions between public and private schools. That's a no no that that's a relaigious first amendment issue. So um we cleaned that we cleaned that up. So that's why you now see school of general instruction and then there's provisions for that. Unless was there something with religious institutions?

Yes. Yes, we we cleaned that up as well that it is a special it is a special use permit. So there's some flexibility in terms of of you know regulating in terms of noise and impact to the impact to the neighbors. But um generally speaking, particularly in residential zones, um rel religious uses from a federal standpoint, uh have a receive a beneficial treatment in terms of we we operate federally that religious uses are a benefit to the community, churches and the like. So um generally they are permitted in um and the burden is really on the municipality to show why religious youth shouldn't be in a specific zone. Now should you have a church in your middle of your industrial zone? Probably not. That's not a you know great thing. But residential it's it's presumed that it's it's a it's in conformity with the neighborhood because neighborhoods have churches. There was a case on that that Mike I think it was the battle of the Mike Donnelly Rick Golden Battle of the Titans about 10 years ago.

Oh yeah. Now I'm going to go look it up. About religious landies being able to locate in an industrial zone. Oh. In Westgate in the village of Ocean. Oh, I won't spoil it. I'll let you read it. I wrote it back. Westgates though. Not that's not like industrial though, is it? It was 20 years ago. Okay. But it's not now. No, now it's medical office. Yeah. You want to put a church in there? I'm like, okay, let there be a church. [Music] And this also lists what you were talking about, the parcels that were taken. And so we have those are the those are the four parcels that we're talking about.

Okay. So those so you have two sets of questions one for the the text and then there's another set of questions for the specific zoning zoning map changes but there are not this code does not provoke uh propose significant sweeping revisions. Um this was really going in with a scalpel. Um, and those were all based on recommendations from the committee. And I think all of these were like on the edges of the district that they're going into, right? The districts, the changes, Kristen, most of them were on the edges.

The the four lots you're you're proposing to change.

Oh, the tax parcels. Um, yeah, the the lot that's was that is currently zone SPSL is right. It's actually has frontage. It only it does not have frontage on um on the state highway like everything else is. It only has frontage on Krypton Road. So that was where the committee had concerns that um a commercial use would not be con compatible with only having access on the residential street and it's bordered by residential I think on two sides maybe three sides. Um and the other case is well bordered by residential that's down um off of Lake Station in Davidson Drive. Um they're obviously already

um at least a few warehouses in that area, but this is kind of creeping closer towards the residential. So it's where that school that bus garage is towards the end towards and then moving forward towards where we had that warehouse.

Yes. It's recently been purchased. So, um if there if we have any questions, um feel free feel free to um you're welcome to email me at any point in time. Um I will not be able to make your next meeting. I I have another commitment that evening, but um I'm sure you're in great hands with Dominic. You know, again, you can see what he would like you to do as you craft that. Um but any questions we can answer. Like I said, if you find typos, please let us know because I'd much rather find typos now and fix them. I think um I'm thrilled you guys have some of the questions you have. Um, like I said, it's always lovely to see that I come into a meeting and the board's read the document. There's nothing worse than when you get there and you can tell nobody's read the document. So, um, I think some a lot of the questions you had tonight were great questions. Um, and and clearly I've got a couple of tweaks to make um before the public hearing. So, very easy to do. But again, we're looking forward to your comments so that we can move this process along. Does anybody have any other questions? Chris,

um, I'll forward them. Mike, yeah, the same. Not at the moment. So, I think that's what we do. We really appreciate that you took the time to go through this with us, both you and Kristen. I mean, it really gave us great direction and places to look. Now, you know, we're it's much more visible to us and what you're looking for from us. Yeah. So, we'll do that and Dominic will be at the next meeting and we'll be able to kind of start crafting that. And um I hate to say we're going to take our time. We're going to take our time. You have 62. You have your You have your time. Um so we don't miss

the public hearing is the second board meeting in October. Uh we did that one to give you um the time but also because of the the major Jewish holidays fall in September and October. So we have to be mindful. I think it is. Yeah, that's the tentative public hearing as of right now. Um, we were just meeting there's I think

uh Sako is is on the first board meeting. So, it you really don't want to try to hold that this kind of public hearing on a good um a motion to close the meeting. Chris second by second. All in favor? I Michelle, we're good.