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A Hole In Their Zoning
Town Struggles With Past Laws & Legacies

MARBLETOWN – "Back in the day" as they say, the word "zoning" was unknown in our towns. People pretty much built and subdivided as they so desired, sometimes with reference to building codes and the real estate market, and sometimes not. When zoning began in Marbletown in 1969, certain established practices were retained, same as in most then-rural local municipalities. One of those was being able to build more than one home on a single lot, something farmers did to keep kids on the farm, and in town.

Now, Marbletown is debating whether to formalize the old practice by amending its town code regarding requirements for multiple one family structures on one lot.

Yet things aren't so simple anymore. Second one family structures on a lot are now as likely to become short term rentals as apartments for kids or parents.

Zoning secretary Maggie Colan started off Marbletown's July 18 meeting with a presentation that focused on key elements of the law in question, including restrictions that there be no more than four dwellings constructed on a property that conforms to current density in the A-2, A-3, and A-4 districts; a minimum of sixty feet spacing in all directions to allow for potential future subdivisions; and access to any new one family dwelling needing written approval by the town's highway and fire departments. If a plot plan meets these criteria the code enforcement officer may issue building permits; if it doesn't, the CEO can refer it to the zoning board of appeals. And at any point the town code enforcement officer can refer an application to the planning board for an abbreviated plot plan review, which checks location of existing buildings both on the site and on adjacent properties, along with access review by the highway superintendent, and addressing of any and all property septic and water issues.

Planning board chair Richard Lanzarone spoke up from the audience during the law's public hearing noting that, "residential development is serious business, involving hundreds of thousands of dollars in every instance, with potential consequences in future decades. Shouldn't be dealt with on the cheap. Each structure that is built like this will live on much longer than its current occupants." Lanzarone pleaded for input from the planning board, saying, "You, the town, have experts in this. Let them take a look at this law and review it." He also noted that neighboring towns mostly allow only a single family home on a single lot, and praised Town of Shawangunk rules which demand that any additional building on a lot conform to all other planning regulations for that zone.

Marbletown supervisor Michael Warren seemed reluctant to go that route. He responded that the town had been dealing with the issue simply through the building permit process; if a proposed structure was egregiously out of conformity it wouldn't get a permit. Lanzarone said this meant that the town had a "hole in its zoning and it would not be wise to codify that hole."

The discussion took a slight detour into a topic that Hudson Valley towns are just starting to grapple with: the rash of Airbnb rentals that have arisen here and there. Warren noted that Rochester has 263 listed Airbnbs already. That opened up discussion to the even newer phenomenon of "tiny houses," which don't need to meet New York building codes once they're on wheels and described as RVs... while also serving as short term rentals wherever they're parked.

Warren also laid out his case for the new law.

"The old way, if you had fifty acres you might put fifty houses on them without following any requirements," he said. "The new law restricts you to four."

Colan explained that part of the logic of the old way was to keep farms from being broken up and subdivided, with the loss of open space that comes with that process.

The planning board was given the go ahead to review the law and report back to the town board by July 28. Warren then closed the public hearing, holding open the written comments channel until that same date.

In other actions, the board held a public hearing on a solar law, with another presentation from Colan which outlined how the law is in line with other solar laws adopted around our area in that a line is to be drawn at 25 kilowatt output from an array. Below that, it will be a small array, and above it a large one, with somewhat different rules. Solar arrays will not be allowed on the four soil types associated with high quality farming.

After hearing comments, the public hearing was closed, although written comments will still be taken until Tuesday, July 25.



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