Town sets public hearing for moratorium
Hearing to take place May 11

By: Matt Peppe Hyde Park Townsman April 28 , 2005

HYDE PARK-The town board voted to introduce a proposed interim development law and set the public hearing for May 11 at 7 p.m. at FDR high school.

The local law would mean a moratorium on major subdivisions (greater than 5 lots), with the exception of those subdivisions that have already been provided preliminary approval. Commercial uses are exempted from the moratorium. Also exempted would be planned unit developments intended for mixed use.
The length of the law is set for 270 calendar days (9 months), provided the board does not terminate it earlier or extend it.
Town attorney Scott Volkman, who drafted the law during the past week, said he considered the feedback of all board members in prescribing the timeframe at the April 25 meeting. He said he received suggestions of as short as three months to as long as a full year.
"It was difficult to get a consensus," Volkman said. "I decided to take the middle ground and have it as an issue for discussion."
The proposal of the interim development law comes after a letter from the county Department of Planning and Development rejecting the town's March 2005 comprehensive plan, zoning map and ordinances and subdivision law.
Board members also cited popular common response for a moratorium.
"We heard a cry (for a moratorium)," said Councilwoman Barbara Potter (R-Ward 4). "Now let's go ahead and do this and get it done."

Debate over time length
There was concern among some board members the length of nine months would extend the zoning beyond the terms of their elected office without assuring the board would reach a conclusion.
"I think we were all elected to get this zoning in place," said Councilman Bob Linville (D-Ward 1). "I think this board ought to put itself in a position to assure itself it does that."
Other board members countered the nine-month timeframe was simply precautionary, not a delay to get zoning in place.
"If we adopt (a moratorium), it should be one we don't have to revisit every few months," said Councilman Angelo Targia (R-Ward 3). Targia added there will still be as much pressure to have final zoning documents passed by the end of the year, when the board members' terms expire.
Supervisor Yancy McArthur said the board would discuss zoning at its May 16 meeting.
"We really need to hear (the public's) thoughts on how long we need," McArthur said.

Public response
During the public comment period, citizens sounded off on their opinions about how a moratorium would affect the town.
Anne Dexter warned of preliminary approval being granted to too many subdivisions before the interim development law is put into place.
"By the time the moratorium gets passed, you could be looking at 500 units with approval already," Dexter said.
Denise Dunn encouraged the board to adopt the 2003 zoning documents to avoid a moratorium altogether.
"The timing of a moratorium is a bit rushed in the absence of a clearly defined plan," said Russell Urban Mead.
Aileen Rohr pleaded with the board to ensure there is zoning in place by the end of the administration. "Wouldn't you like your legacy to be bringing good zoning to Hyde Park?"

©Hyde Park Townsman 2005

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