Zoning panel quandry: What to release, what to hold
By: Bob Audette , Staff Reporter The Register Herald May 5, 2005

PINE PLAINS The first meeting of the zoning commission was an organizational meeting to determine how it will conduct its business in the next 18 months.
The zoning commission, a seven-member panel appointed by the town board, is charged with reviewing the status of land use regulations and making recommendations.
Rick Butler, the town board liaison who will interact with the zoning commission, but not actually sit as one of its members, said the board recognized the need to set some sort of density standards to guide the scale of development facing the town.
"A complete zoning ordinance would be the most defensible measure to present to the town," said Butler.
Butler said commission members had been chosen from different groups and political entities in town, including the planning board, Pine Plains United and the community at large, to evaluate the need for such an ordinance.
"But, your primary duty is to represent the community as a whole," Butler told commission members.
"I caution you that the stronger your convictions are, the more flexible you will have to be, but I am confident we have assembled a broad-based group," he added.
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Comprehensive Plan
Butler asked the commission to keep the town's comprehensive plan in mind while performing its mission.
"A lot of time and effort went into the plan," said Butler. "Any land use regulations you propose must fit the guidelines in the plan. We can't go back and rewrite the plan."
Nan Stolzenburg, the town's planning and environmental consultant, agreed.
"The plan is the basis for any land use regulations," said Stolzenburg. "Philosophically and legally, anything you recommend must be consistent with the plan."
The rest of the meeting, led by Chairman John Depreter, a planning board member, was devoted to setting standards that would guide the commission in its inquiries and study.
Depreter said once the town's Web site was up and running, a goal he said was close, it was essential the commission post its agenda and minutes on the site, so the community could observe its progress.
He also insisted that all correspondence, especially e-mail between members, be copied to everyone on the commission, to prevent the members from breaking into small groups.
"E-mail messages can include opinions, ideas and conclusions, but no votes," said Depreter.
He also asked members to refrain from engaging in "chat room environments" that excluded any members from the conversation.
"Our goal here is complete transparency," said Depreter.
Transparency exclusions
The commission's transparency, however, apparently, does not extend to draft memos or preliminary plans presented to the commission or circulated among its members.
Members agreed that certain documents would not be made available to the public to prevent "misconceptions" about items the commission may discuss prior to making a determination.
"It's good not to release stuff that's half-baked," said Peter Caldwell, who helped draft the town's comprehensive plan.
"It should be a document-by-document decision," pointed out Scott Chase, a former town supervisor, and a member of the executive committee of Pine Plains United, a newly organized neighborhood watch-dog organization.
The commission's decision to limit public access to its documents was implemented almost immediately for a "checklist" of goals created by Stolzenburg and based on the comprehensive plan.
Stolzenburg said the commission should not be a "slave to the comprehensive plan," but could consider the document "the marching orders for the group."
Stolzenburg said the list included, but was not limited to, design standards, methods to strengthen density standards and watershed protection.
Depreter said there were 21 items on the list, but when one member in the audience asked to peruse the document, her request was denied.
"I don't have a problem with sharing the document," said Gary Keeler, chosen from the community at large to sit on the commission.
"I think it interferes with the process," said Caldwell.
"I am torn," said Margo Jackson, also chosen from the community at large.
"I would like the commission to remain transparent, but every single piece of paper shouldn't be circulated until it's reviewed," Jackson said, adding, "After review, perhaps we can release it as a draft."
"It's a good idea to wait," said Helen McQuade, a member of the Pine Plains Central School District, which has also often declined to release draft and preliminary documents to the public.
'Primer' on zoning
Depreter said the commission should hold Stolzenburg's document "for now" with the potential to release it eventually.
The commission's decision to withhold documents from the public immediately came into play again when Stolzenburg presented what she called a "primer" on zoning regulations.
Although the commission did decline to release the document to the public, Stolzenburg admitted a form of the document could be found on her Web site, planningbetterplaces.com.
The commission agreed that all suggested ordinances coming out of its sessions should be in "simple, ordinary language" with no legalese, but Stolzenburg said there are certain terms that are part of zoning that the commission has to be familiar with. She said her "primer" would help describe those terms.
Stolzenburg said in zoning's purest form, it was originally designed to separate uses.
"But your comprehensive plan doesn't follow that traditional zoning," said Stolzenburg.
"Zoning has expanded over the years to include standards, guidelines and conformances. Uses are less important than how the uses function in your community."
Stolzenburg told the commission it would have to "grapple with use issues" about where and how far to go to regulate different uses.
Stolzenburg said the comprehensive plan recommended five zoning districts.
"Each district must be outlined on the map and described in writing," said Stolzenburg.
"You need to have a purpose for each zoning district. Make sure it's very clear what you want to accomplish," she advised.
Public hearing issues
Depreter wondered aloud at what stage of the commission's progress does it invite the public to make comments, both during its regular meetings and in terms of public hearings.
The commission agreed to limit the amount of public comment at its meetings to 15 minutes.
"We don't need to be preached to for half an hour," said Chase.
"I don't think we should feel we need to go back to the public for every decision we make," said Chase, who added that ultimately it would be up to the town board to make the decision whether to adopt the commission's recommendations.
Commission members said it was important to urge the public to submit comments in writing to give them time to fully digest any suggestions or recommendations.
"It's broader than that," insisted Stolzenburg.
"A public hearing doesn't cut it. You want to keep them engaged in the process through workshops, focus groups, interviews and presentations. It's just a question of when and what," she urged commission members.
Depreter said once commission members felt comfortable with each other and their goals, they should sponsor a workshop or a newsletter to define goals and introduce members to the community.
"We are ambassadors," said Depreter, who said the public would, in informal situations, approach them to ask about their progress as well as making suggestions.
"As you go along, it will become clearer when it's time to present information to the public," said Butler. "These decisions will be made as you go along."
The next meeting of the zoning commission was scheduled for May 11 at 5:30 p.m., prior to the next planning board meeting.

©The Register Herald 2005

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