Comprehensive Plan flys, FLI dumped in Milan

By: Darryl Gangloff Register Herald   February 2, 2006

The town board finally adopted the Comprehensive Plan and eliminated the Floating Light Industrial (FLI) Zone after a series of public hearings and special board meetings that spanned the month.
The Comprehensive Plan, which has been the subject of debate for almost two years, was adopted on Jan. 26 without any heated arguments.
The elimination of the FLI was unanimously adopted on Jan. 31.

Comprehensive Plan public hearing
A public hearing for the Comprehensive Plan was held on Jan. 21 to give residents a chance to comment on the revised plan, which was submitted on Jan. 3 by the Comprehensive Plan Special Review Board (CPB).
According to the Comprehensive Plan, the CPB was established by the town board on April 12, 2004, to create a plan that reflects the values and priorities of the community.
According to state law, all municipal zoning and land-use decisions must derive from this plan.
"For the last year and a half, we've looked at the Comprehensive Plan. Some of the board members didn't like some issues, so it was revised. The county didn't like the plan, so it was not adopted," said Supervisor John "Van" Talmage at the public hearing.
"We had a new election and more revisions. We tried to compromise and received a new version on Jan. 3," Talmage said.
Talmage said that he has lived in Milan for 30 years and doesn't want the town to be overrun by development.
"This plan is designed around that idea. We don't need to be elitist or restrictive," he said.
After board member Ross Williams explained the new changes made to the Comprehensive Plan, which included an additional focus on affordable housing, the elimination of the priority growth area, and the restoration of the 20 acres and above Rural Space Overlay zone, the floor was opened to public comment.
The majority of those who spoke were in favor of the revised Comprehensive Plan. Out of the 11 community members who spoke, only one opposed the plan due to its recommendation to eliminate the FLI.
"I reject the elimination of the FLI. The town relies on sand and gravel. Zoning out mining will hurt," said Frank Doherty, president of Red Wing Sand and Gravel.
"Residents want Milan to remain as rural as possible," said Shiela Margiotta, a community member in favor of the plan.
"I'm here to represent Arthur and Barbara Michaels. They couldn't be here, but they support the plan," said Bill May.
"I strongly support the plan. It embodies the spirit of the original town plan to keep Milan beautiful," said Pat McMullan.
"I support it, because it's the first step to protect Milan's natural resources," said Frank Margiotta.
"I'm a large land owner and I support the Comprehensive Plan. The FLI is an abomination," said Joe Grotto.

FLI public hearing
The majority of residents who spoke at the Jan. 24 FLI public hearing were in favor of eliminating the Floating Light Industrial zone, which allows light industry to appear in areas throughout the town, despite the zoned uses of these areas.
According to Talmage, about 8 to 10 people spoke up at the meeting in favor of the elimination.
"It went fine," Talmage said.
During the hearing, Kevin Bernstein, a lawyer representing Red Wing Sand and Gravel, submitted a six-page letter to the board in opposition of the elimination of the FLI.
"This law is targeted at sand and gravel operations and statements made by members of the board during the recent election campaign made that clear," Bernstein wrote in the letter.
"The result of passing this law will be to further discourage economic development in the town of Milan and this will cause residents to pay higher taxes," he wrote.
The board responded to all Bernstein's comments at the special board meeting that was held to vote on the FLI elimination.

Vote for Comprehensive Plan
A special town board meeting was held on Jan. 26 for the purpose of voting on the Comprehensive Plan and the elimination of the FLI.
The meeting opened with board member Ross Williams reading Dutchess County Planning and Development's comments on the Comprehensive Plan, which suggested that Milan continue to allow mining in the area.
"In the case of Milan, it seems to us that the continuance of mining as an economic activity should be strongly considered, particularly since the areas of the requisite gravel are so limited," wrote Dutchess County Planning.
"We recommend the proposed Comprehensive Plan approval be based on a local decision if the following conditions are met: that the activity of mining be allowed within the town," wrote Dutchess County Planning.
"With the exception of the mining issue, we are pleased with the proposed plan," Williams read from county planning's comments.
Williams said this response was positive and the board expected the mining comment.
The planning board also sent its comments on the Comprehensive Plan to the town board.
"They pointed out some small errors. The rest go beyond in detail what is there already," Williams said.
As an example of the small errors, the planning board recommended removing the word "fragmented" and replacing it with the word "numerous" in a paragraph concerning wetlands.
One of its broader recommendations is to include information on hunting and fishing in the chapters on natural resources and infrastructure.
"There's some good ideas, but we'll wait until a later date to discuss them," said Talmage.
Williams mentioned the small changes that have been made to the document in anticipation of adoption. All alterations are minor word changes, such as the new front cover title, that was changed to be distinct from earlier versions.
"I don't like the Planned Purpose Development (PPD) verbiage," said board member Alfred LoBrutto, who voted "no" to those wording changes. The rest of the board voted "yes" to add the changes to the Comprehensive Plan.
Before the vote of the Comprehensive Plan began, the board took the time to discuss any last concerns about the plan.
"I want to discuss the PPD. Now, they're allowed throughout town. I don't understand why. They're powerful. I feel the same exact thing that happened with the FLI will happen with the PPD," said LoBrutto.
"It can be used for a golf course or a gated community," he said.
"I also don't like the Rural Space Overlay zone, it's very unfair. It's not continuous. It's like Swiss cheese," LoBrutto said.
"I agree with 95% of the plan, but I think these two are dangerous for the town," he said.
Williams said he did not agree with LoBrutto's point on the PPD. He said the PPD will be used for affordable housing, senior housing, and a traditional walking neighborhood.
"The Comprehensive Plan would need to be revised to have a golf course," Williams said.
LoBrutto asked why the PPD is allowed through the whole town and Talmage responded that it's not designed as a floating area.
"I'd rather not have this tool in our tool kit," LoBrutto said.
"The PPD is important as a tool or there's no way to have senior housing or affordable housing," said board member Pauline Clark.
"It gives balance to the town," said board member Diane May.
Since Dutchess County Planning recommended the Comprehensive Plan be approved only if mining were allowed within the town, which the board opposed, a supermajority was needed to approve the plan.
A supermajority requires that the vote consist of the majority plus one.
Talmage, Clark, Williams, and May voted to approve the plan, while LoBrutto abstained. Four positive votes matched the necessary supermajority and Local Law #1 of 2006 was adopted.

Vote for FLI
The vote on the elimination of the FLI was held over to a continued special meeting on Jan. 31 to give the board time to consider a response to the comments Berstein, Red Wing's lawyer, submitted during the public hearing on the subject.
The board produced a 12-page response to Bernstein's comments.
The board addressed Bernstein's concern that it singled out mining in the elimination of the FLI by demonstrating that the proposed action was based on extensive planning and public comment.
"The Town of Milan Comprehensive Plan is based on substantial public input, which has consistently expressed a wish to eliminate the Floating Light Industrial Zone in the town," the board wrote in its response.
In response to Berstein's comment that the elimination of the FLI will discourage economic development, the board referred to the Comprehensive Plan.
"The town's Comprehensive Plan does not propose to eliminate all economic activity in the town. Rather, it encourages the town to enable limited, small-scale commercial activity that serves Milan residents," the board wrote.
Dutchess County Planning recommended that the town enact a Mineral Overlay Zone (MOZ) to provide for commercial mining, which would require a change in the Comprehensive Plan.
"We would like to get rid of the FLI, but that doesn't mean we can't think of other things in the future," Talmage said, in referring to the MOZ.
Since the board did not consider the MOZ, it once again needed a supermajority to approve the elimination of the FLI.
The planning board had a number of minor suggestions related to the elimination of the FLI, such as the consideration not to exclude creameries.
"We feel if we make changes at this time, it will force us back through the process. We can discuss these at the February workshop as things to clean up," said Williams.
"It took a long time to get to this point," said LoBrutto as the board voted on the elimination of the FLI.
The vote was unanimous, and the elimination of the FLI was adopted as Local Law #2 of 2006.
As a last order of business, the board was once again unanimous in the adoption of Local Law #3, which amended the town's zoning map. The map will reflect the elimination of the FLI, as well as fix some minor zoning changes that occurred in 2004.

©The Register Herald 2006

AREA NEWSPAPER
CONTACT INFORMATION

ULSTER/ DUTCHESS

Poughkeepsie Journal
PO Box 1231
Poughkeepsie, NY 12602
(845) 454-2000
For an on line letter to the editor. Fill out this form

ULSTER COUNTY

Saugerties Times
Monday deadline
P.O.Box
Phone:334- 8200
FAX your letter 334-8202
saugertiestimes@ulsterpublishing
(Attention Erica Freudenberger, editor)
P.O.Box 3329
Kingston, NY 12402

Albany Times Union
Times Union
90 State Street
Albany, NY 12207
(518) 454-5091
For an on line letter to the editor. Fill out this form

COLUMBIA COUNTY
The Independent
Indenews (online)

P.O. Box 360
Hillsdale, NY 12529
Phone (518) 325-4400
FAX (518) 325-4497
Parry Teasdale, editor

letters to editor require form through website

***NOTE: Our websites make an effort to glean info for our readers from local papers. This is no way a substitute for subscribing or picking up a local paper. We gratefully acknowledge the efforts local newspapers and publications make to our community.