New Scotland’s Planning Board submitted its finalized comments on Local Law B, also known as the size-cap law, to the Town Board on Monday, Feb. 22. Despite the board being 6-1 against the size-cap, the law will still be considered by the Town Board after the public hearing, scheduled for Thursday, March 11 at Voorheesville High School.
The report is the final product of discussions that took place at the Tuesday, Feb. 2, and Tuesday, Feb. 16 meetings of the board.
Robert Stapf led the group of six board members who are against passing the law. He was chairman of the Planning Board when the controversy first began over two years ago, however, after the current Town Board was sworn in, Charles Voss was appoint as the chairman of the committee. Voss was the only member of the board that voiced support for the law.
Stapf said that he does not feel limiting development in the commercial zone to 50,000 square feet per unit and 100,000 square feet per development will make the town’s commercial zone viable. He also said he that due to poor soil conditions in the commercial zone, residential development in the zone will be difficult.
Planning Board member Bob Smith voiced similar concerns to those of Stapf. In his recommendation he said, `I feel that 50,000 and 100,000 sq. ft. is too small. I believe 80,000 and 250,000 sq. ft. would be more appropriate.`
Smith said that even if the cap were increased to 250,000 square feet, only 4 percent of the 7 million square feet of the Bender Farm would be developed. He also said that recent trends do not support the belief that businesses are down-sizing; instead, a trend among local retailers has been to create a one-stop shop environment for customers.
Both Smith and Stapf have also pointed out that there are a number of businesses in New Scotland that service a super-regional pool of consumers, and have no impact on the quality of life of the residents of New Scotland. They specifically mentioned Spaulding Inc., Dunston’s Auto Salvage, Long Lumber, Olson Garden Center , Saber, Capital Upholstery, Heldeburg Roof Consultants, and a number of other businesses in New Scotland.
Planning Board member Cynthia Elliot said parts two and three of the definition of `Individual Retail/Wholesale Trade` should be removed from the definition. She said that the definition will affect not `big box` stores, but other businesses in the town as well.
`It smacks of a statement that I have made at board meetings ‘you can be successful in New Scotland, but we will punish you if you are too successful.’ I believe that this is the most harmful part of this law to the landowners,` said Elliot, in her recommendation.
`The report from the town Planning Board is contrary to [the report from] the Albany County Planning Board, which voted unanimously in favor of the law,` said Supervisor Tom Dolin.
The Albany County Planning Board (ACPB) approved the law, with an advisory, on Wednesday, Feb. 17.
In their decision, the ACPB advised that `The Town is urged to continue to evaluate the build out scenarios on properties within the commercial zone under this local law in order to ensure compatibility with the Town Comprehensive Plan, due to the size of the total acreage in the zone, the opportunities for other uses by subdivision, and PUD requests.`
Dolin shrugged off Stapf’s objections as `pro-big box`. He said `Mr. Stapf has been pro-big box since the day this controversy started, and he is still pro-big box.` Dolin said that Stapf’s views are in direct opposition to the views of the people of the town, as indicated by last year’s elections.
He also said that the Planning Board’s report is advisory, and as of yet no changes to the law are being considered. `I think the law, as presented, will accomplish the goals of the town,` he said.
The Town Board will be holding a public hearing on the law at 6:30 p.m. on Thursday March 11, at Voorheesville High School. The board will also hold a special session of the Town Board to consider the adoption of the law immediately after the public hearing.
For information on Local Law B, including the complete comments of the Planning Board visit the town’s website at townofnewscotland.com.
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