New Scotland passed its second commercial moratorium extension, preventing the construction of buildings over 30,000 square feet, which will expire April 1.
New Scotland initially put the cap in place in May while board members mulled zoning laws that some believed better fit with the town’s comprehensive plan.
Sphere Development LLC has been trying to develop land at the corner of Route 85 and Route 85A, located on the former Bender melon farm, but has been unable to follow thorough due to the moratorium. Sphere’s plans included developing a commercial center with a 137,000-square-foot Target serving as an anchor store.
Attempts to contact a representative from Sphere were unsuccessful.
Bob Prentiss, a member of the advocacy group New Scotlanders for Sound Economic Development, or NS4SED, spoke in favor of the extension at the Wednesday, Feb. 11, Town Board meeting.
From day one, I’ve been calling for a moratorium of up to one year so that the town could properly plan for its future. And at the very beginning of this process, even the Albany County Planning Board recommended a one-year moratorium, Prentiss said. `Planning for sound economic development is too important a governmental issue to be resolved by crisis management. It’s complex, very detailed and, obviously, there are differing philosophical viewpoints.`
Colleen Stanton, a local farm owner, spoke against another extension. She said as a capitalist, the moratorium fundamentally infringes upon property rights and prevents business in the town.
Others at the meeting echoed her sentiment, and said they are in favor of moving forward with development.
The town is also considering adopting Local Law I of 2008, which would permanently cap new retail buildings at 50,000 square feet.
The issue was first raised during discussions to adopt a zoning law that would reflect that cap, however no decision was made at that time on what an appropriate cap would be.
Supervisor Tom Dolin said that law has been drafted, and a public hearing has been officially scheduled for April 22. However, that could change if the language and details of the law are altered.
`There’s probably going to be some changes to the law,` Dolin said. `There is some minor discussion about how the narrative reads.`
He said the Planning Board is meeting on Tuesday, March 3, and will have the opportunity to make recommendations to change the law.
Roz Robinson, former chairwoman of the Commercial Zone Advisory Committee who resigned amid conflict-of-interest allegations against fellow committee member Liz Kormos, said she is in favor of changes to the law.
CZAC was charged with making recommendations regarding the town’s zoning laws, and its remaining members, Kormos and Mike Naughton, support a cap of 50,000 square feet for buildings and 100,000 square feet for retail complexes. Both are NS4SED members.
Robinson said the law calls for changes that reach beyond the size cap.
`It’s just broader than it was intended to be,` Robinson said. `It discourages even the smallest of retail business in our town.`
Robinson said the law includes provisions that would require a special permit for all businesses in the commercial district, and would add multiple levels of red tape. It would make expanding more difficult for owners, and slow the process down for even `mom and pop` stores by months.
She said a `hasty` attempt by NS4SED to put a size cap in place and the group’s role in helping to draft the law has been detrimental.
`This causes problems above and beyond the emotional size cap,` Robinson said.
NS4SED founder Daniel Mackay said the draft of Local Law I was first presented by CZAC and NS4SED members Naughton and Kormos in their report to the Town Board.
He said that report included a great deal of time and research and acknowledged that individuals commenting on the green space and industrial provisions are entitled to their input.
He added, though, that the law was not rushed, but is needed to fill a void in the town’s zoning code.
Kormos said the draft was worked on over weeks, and research included studying similar documents from other municipalities.
The town also held off filing an Environmental Assessment Form, required for the Department of Environmental Conservation and Albany County Planning Board, in case there are changes to the law, Dolin said.
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