Businesses will no longer have to worry if the Rotterdam Town Board will pull out its red card and reject a project after lengthy approval process.
Board members followed through on its intentions to remove Article XXVIII of the town’s Zoning Code Sections 270-220, known as the “Critical Impact Code.” The law, passed in 2006, gives the Town Board final say over proposed development projects that include buildings of at least 100,000 square feet and residential developments of at least 75 buildings, among other stipulations. The proposed 248-unit apartment complex off North Thompson Street in the town spurred the effort to remove the law after representing attorney Andrew Brick said it impeded the process of larger projects and created another layer of paperwork.
Deputy Supervisor Robert Godlewski, whom opposed the law when it passed as a Planning Commission member, didn’t appear ready to immediately toss the code aside.
“Mr. Brick … said it was a slap in the face to the Planning Commission and I agree with him,” said Godlewski. “I’m wondering if the board has looked at this and said maybe it should be revised and the burden put on the Planning Commission instead of repealing it.”
Godlewski said there are some things in the code holding merit. If a future board wanted to put the code on the books again it would be harder to do than if the current board just revised the code, he said.
To not hold up the apartment complex project, he suggested the board pass a resolution stating the code wouldn’t be used against the project.
“The board could amend this to say we would not be requesting a critical impact permit for the little league fields and sports complex over there or the housing,” Godlewski said. “Then review the law that is before you and see if there is some things that we can take out and put onus on the Planning Commission.”
Supervisor Frank Del Gallo said he spoke to Planning Commission Chairman Thomas Yuille about revising the code, but Yuille didn’t think there was much that could be done with the code.
“[Yuille] said about the only thing you can do with it is throw it out,” said Del Gallo. “I think I agree with him.”
Councilman Wayne Calder said he spoke to Yuille too and he agrees with his determination.
“I think the critical impact section is probably the worst thing that has been done here in a long time and it’s got to be removed,” said Calder. “If at some point later down the road it has to be addressed or something should be done different then that’s fine, but I say lets just get rid of it now and be done with it.”
Former Republican Councilman Gerard Parisi was Town Council when the code was developed and said it the code isn’t as impeding as Brick has stated.
“The developers put a spin on it like it is an extra layer of things,” Parisi said. “It is the never ending question of bouncing the interest of development and the interest of protecting the people. It is a delicate balancing act to promote good develop and not infringing on the rights of people that are there already.”
If a project meets all zoning requirements, he said, the Planning Commission can’t deny a project.
“The planning board is limited in what they can do,” Parisi said. “Sometimes you get a project that is a big problem, but the planning board doesn’t have the power to say no to it. Something that would have a huge impact on the town or the residents, it is an optional second layer at the town board level.”
The board did unanimously vote in favor of removing the code, although Councilwoman Nicola DiLeva was absent from the meeting.
