TOWN OF BALLSTON 323 Charlton Road Ballston Spa, NY 12020 (518) 490-2800 Fax (518) 884-2839 To: Town of Ballston Town Board : From: Town of Ballston Zoning Board of Appeals (ZBA) Nov -7 2019 co: Town of Ballston ZBA Members and Matthew Chauvin, Bsq. Subject: Completion of FSGEIS, Ballston Town Code Zoning Changes Date: November 6, 2019 Pursuant to Section 138-96, the ZBA has reviewed the new proposed Zoning Code. Section 138-96 of our current Zoning Code requires that proposed amendments shall be referred to the ZBA for a report prior to public hearing thereon. The ZBA is aware that the proposed Zoning Code Section 138-89 changes from the ZBA. to Planning Board the review of amendments in accordance with Section 264 of Town Law. Town Law Section 264 provides the process for adopting amendments and does not specify that the Planning Board is to provide review. In fact, it does state "because a zoning enactment is legislative in nature, a declaratory judgment action is the proper vehicle to challenge the substance of the enactment... Therefore, the proper process to review and provide comments and recommendations is by having the ZBA not the Planning Board. ‘Therefore, the current Section 138-96 is the proper vehicle as it states proposed amendments shall be referred to the ZBA for a report prior to public hearing thereon. 1 Specific and General Concerns Conflicts Relating to the Proposed Zoning Amendments ‘The ZBA has reviewed the Red Line version of the proposed new Zoning Code as instructed and comments are as follows: + 138-103 Buffers Our current zoning code requires a minimum buffer of 150 feet. The proposed zoning code states the buffer required is at the discretion of the Planning Board with no set, minimum. There is a reason to specify a minimum buffer; ie., provide protection todevelopments near farm land due to spraying that may take place and to provide proper separation from nearby wells and septic systems. ‘The ZBA feels that a minimum buffer of 150 feet be required with the Planning Board having the discretion to increase the buffer if they so determine. * Signs ‘There are differeiit size requirements for free-standing signs between what is stated in Design Standards (40 sq. f.) and sign requirements in our Zoning Code (32 sq. ft.). The ZBA feels the requirement should be consistent and all signs handled by the ZBA. * 138-113 Transfer Development Rights (TDRs) As a means to retain a rural character to the town, TDRs have been created. This designates areas that qualify. Also, a TDR bank is established to collect funds from applicants who partake in this arrangement, However, currently applicants do not have to participate and can skip the TDR process as they can simply apply for a PUD. It should be noted that in Section 138.8 D (K) (4) goes to 138.8 D (K) (6). 138.8 D (K) (5) is missing and does not exist. * Traditional Neighborhood Developments (TNDs) ‘TNDs are suppose to be a combination of homes and small commercial enterprises; ie., ‘small mom and pop stores. Developers have taken advantage of our town by putting in increased density of homes with the commercial element never happening. It should be structured such that the developers are required to meet the requirements of a TND. * PUDDs, TNDs, Open Space/Conservative Developments Concerning Density Bonus Table ‘Too many units per acre e.g. 6 units per acre with each unit averaging 7,000 sq. ft It was recently printed in the newspaper that the Town of Ballston is the fastest growing town in New York State with the Town of Halfmoon second. This is not the way to retain the rural character of our town. We do not have the infrastructure, services, roads, and roadways to support this rapid growth in our town. The ZBA is not against development but feels we need controlled development. What our town has is uncontrolled development with hundreds of future units proposed. * Front Setbacks ‘The build to line or 20 ft. setback provision in our Highway District 1 or 2 is not acceptable; e.g. the comer of Charlton Road and Route 50. A major snowstorm would ccause snow to be plowed into the doorways of the buildings. Having such a minimum setback prevents future road improvements. On major thoroughfares like Route 50, the ZBA feels that an 80 ft. setback would be appropriate, Also, the build-to-line/or 20 ft setback on Chariton Road should be at least 60 feet, * Business District Highway | and Rural Highway Transition DistrictBusiness District Highway 1 and 2 have been changed to Business District Highway 1 ‘and Rural Highway Transition District. However, the descriptions under Figures 4 and 5 in these districts are still referred to as Business Highway Districts | and 2. This inconsistency needs to be corrected. * Tables In our current zoning we have Attachments 138, Attachment 2.1 thru Attachment 10.2.2 ‘These tables are the best part of our current zoning and used continuously. The attachments are for each zoning district; e.g. hamlet, rural, etc. They cach provide the permitted uses and area requirements. It also states for each district those uses not permitted. The proposed Table lists all our districts in columns and all town uses in rows. There are at least eight pages of uses and one has to go thru all uses to see what specific uses apply to each district. This is very inconvenient and cumbersome to use. * Attached are specific concerns by four individual ZBA members. These concerns should also be addressed. Summary Our current zoning is flawed. However, the proposed Zoning Code is as flawed or pethaps even more so. The above-listed concerns consist of major and some minor areas. ‘These are not items that can be simply tweaked after voting to adopt the new proposed Zoning Code. ‘Therefore, the ZBA does not recommend a vote to adopt this proposed new Zoning Code at this time. The ZBA recommends that the concems, items, and inconsistencies identified herein be addressed and resolved prior to voting to adopt the new proposed Zoning Code. RoR V, Baad f, Michael V. Lesniak, Jr. ‘Town of Ballston ZBA ChairmanPage 1 of 1 ees No. 1 Mike Lesniak “Stephen Merchant" Thursday, October 31, 2019 3:08 PM Subject: zoning Zoning changes 1 AG data statement says what impact will homes have on farms, WRONG STATMENT don't you think the farms will have a impact on homes to close with no minimum buffer . Who and Why was the butfer removed the town should follow the ny state ag and market laws in the 25 AA that govern the state with farms 2. The fipp pian process was started 8 yrs ago with a fot of work done to help protect some ofthe rich soil parcels, in the town and find sending and receiving areas for development , The town board has not pushed the zening in the direction to help support the TOR program in any way, 2 farm members who lived inthis town ail their life ‘and tried hard to get the TDR program going went to their grave never seeing the board support it 3 There are way to many statements that need to be reviewed and changed in the new zoning | feel itis builder ‘driven and not enough consideration forthe residents ofthe town also area maps were changed WHY after they were done by a professional planner . Way to many different hands were in the changes and its not right we need time to comrect the issues ‘ZBA BOARD ‘Stephen Merchant 11272019Page 2d The 2006 Comprehensive Plan survey found that nearly 50% of the population felt that loss of farmland: and agriculture was one of the most important problems facing the town. This loss of farmland and agriculture was the thicd most important problem indicated. The second highest concern in the Comprehensive Plan survey was the toss of open land/undeveloped not (not farmland). When asked ‘What type of open space was the most important to preserve in the Town, 63% of the respondents Indicated that preserving farmland and agricultural lands were the most important to preserve. Approximately 88% of the respondents strongly agree oF agree that promoting and encouraging local agriculture and farm viability is necessary. Clearly, residents of Ballston put a high value on farming and agricultural lands The Farmland Protection and Preservation Committee's survey found consistent results with the Comprehensive Plan survey. When asked what some of the most Dressing issues the Town is currently faced with, over 47% of respondents indicated that development Dressure as the highest issue the Town is faced with. At 46%, loss of Prime Farmland was closely recognized as, the second most pressing issue faced by the Town, Clearly, development pressure and loss of farmland are Inextricably linked. ‘A more complete summary of the survey is provided in the Appendix &. arate ngsting Agno: ‘Sedat ais ose itn fiAbtachment No. 2 October 31, 2019 Dear Chairman Lesniak, Thave reviewed the Town of Ballston proposed Zoning changes. For the purposes of efficiency, I ‘am limiting my areas of concer to the following: Article It - Terminology OPEN SPACE - (pg. 19) According to the definition and purposes of open space the area designated to open space should be accessible and useable by the public, but by inserting stormwater management into the allowable usage it contradicts the stated purposes because most storm water management areas are not accessible to the public, By inserting stormwater management in green space and open space it seems to allow developers to claim they have open or green space when in fact itis a restricted area and of no human or direct value or use. GREEN SPACE - (pg. 14) According to the definition and purposes of green space, it poses the same contradictions as the definition of open space. STORMWATER MANAGEMENT — A definition of stormwater management needs to be added to the Town Code as a separate entity, and not swept up in other terminology. Article IX ~ Senior Housing District § 138-22 District regulations. (p64) - J. 2) (Q) Minimum open space: 60% of parcel or combined parcels (02.64) - J. 2}48- Maximus building eoverage-20%. ‘An increase in the density should be requested to be reviewed by the local fire department. Modern fire trucks are larger and need more space to maneuver. Article IX - § 138-26 District standards. ‘ (pg, 72) -B. (10) The stormwater management allowance needs to be removed and returned to the original statement of not being permitted as open space Chapter 138 Attachments (pg. 164-__) These tables need to be arranged according to zoning districts Appendix E: Proposed Chapter 104 Subdivision of Land (og. 3) - Article Il Definitions - § 104-6. Definitions OPEN SPACE ~ This definition needs to be modified to mateh the previous definition of OPEN SPACE written in Article II - Terminology.Additional Thoughts: Does a home that is rented for short term such as @ one-week sental on Ballston Lake qualify as a Hotel? Should there be a code written to address rentals as an Airbnib? Respectfully submitted, Ellen M. Brown Zoning Board of Appeals Member ‘Town of BallstonAxtachmens No. 3 10/31/19 Daniel Russell, 2BA ‘Comments to redline version NOTE ~My review is with respect to how the proposed changes will manifest into applications for Zoning Board variances or other actions 138-13.2 Definitions '¢ The definition of Agriculture states "..for commercial sale..”. tt this intended to be explicit? For example, a person with hay fields and horses for their own use would not be considered to be agricultural. Further, the Agricultural Data Statement is described as "..farm operation...” ‘The definition of Agricultural should be revised to include “farm operation” for consistency and to avoid confusion. '* Build to Line, Building Footprint ~The definitions are not consistent with “Housing Envelope” Applicants are often confused and surprised to learn that the measurements are to the ‘overhang. These definitions do not describe the overhang, but rather the facade. These definitions apply to any buildings, not just a house. ‘© Educational Facility ~ Would this also cover the use of a house for farm land education programs as described elsewhere? Ifs0, this definition should be clarified. © Recreation - The definition is stated as “commercial”, but identifies bike path as example, This {s confusing since the Ballston bike path is recreation and part ofthe Ballston Recreation Area, but is not commercial. This definition should be clarified '* Roadside Stand, Farm Stand ~ These appear to be essentially the same, although the wording is different. These should be combined for ciarity, or the differences adequately described. ‘Stream Buffer Since the intent is stated to protect the water, this should also apply the lakes, ponds, and rivers. ‘© Stream Buffer— Is this definition intended to address seasonal run-off type “steams”? ‘© Yard, Rear ~ this definition isthe first to include the description “nearest point of building”. ‘There is often confusion as to when this applies, and what it entails. It could be the overhang of the eaves, on the steps froma porch. All definitions describing structures should be clarified for consistency to avoid and minimize confusion and applications. 138-6 Restoration ~The stated time limit of 1 year as is currently described is problematic. Restoration can often take longer, which would require some type of code enforcement to monitor. Also, a variance would be required for such situations. 138-9. Site Restrictions ~The provided mark-up included pages that are unclear as to whether they will be included or deleted. This includes examples and figures of signage including pictures of businesses ‘with the business name fully legible. Having a business name pictured within the Law is not appropriate. ‘These should not be included. 138-10.3.1.1 The description of “less fertile soils” is problematic and ambiguous. How would this be determined, monitored, or controlled?138-10.3.2 “Woodland” is not defined anywhere, 4138.93 | Strict Construction ~ The title and paragraph content do not match. 138-106 14 _ Review of Site Plan ~ Paragraph (14) reads "Significant natural, ecological, cultural, and historical features on the site are preserved as much as possible”. The requirement for “as much as possible” is overly restrictive and problematic.Page | of 2 Machment No. + a Lesniak From: "Marilyn Bell" Date Sunday, November 03, 2019 7:27 PM Te “Dan Russel!” ; "Mike Lesni “Matthew Chauvin" ; "MertaiufN Dan" ; "Merchant Stephen" "Hull Joanne" -; "Kane Robin" ; "Brown Ellen" Subject: Re: Revised Zoning Legislation- RED LINE VERSION Hiall, In addition to Dan’s comments (thank you Dan - | had some of these, but not all), I have the following issues: 138-9.3 B - Mixed Use Center North and South - states Routes 50 and Route 67. Is this the only interseciton where this rule applies? All other joint Route 50 and Route 67 references indicate Route 50 or Route 67. It is not clear if this is a limited zone to me or is intended to apply to both main corridors. 138-92.7 - general question on manner and timing of notification on hearing. Several places the proposed law indicates written notice, other instances it does not, making it confusing as to how impacted residents might be contacted. Also is the notification processed 5 (ot 10) days in advance or expected to artive 5 days in advance of the public hearing? I recall we had a complaint about this at one of our recent meeting where the impacted resident had received the notice 1 day before the public hearing. I feel notices could be made more clear and should all be as explicit as the one for publishing, in the official newspaper. ‘Again, Imay be late or may not be there, depending on how my day job goes that day. All indications as of now are we should be ready to submit our budget, however I’ve been at this long enough to know there may always be a last minute change somewhere. ‘Thank you, Marilyn On Oct 31, 2019, at 10:35 AM, Dan Russell wrote: Al, Please find my draft comments attached. Dan Russell From: Matthew Chauvin (mailto: /in@townofballstonny.« Sent: Wednesday, October 02, 2019 9:30 PM To: Mike Lesniak; daniel.{.mertzlufft@qmail.com; Dan Russell Ce: farmersway@aol.com; joanne.hull@amail.com; Mike Lesniak; rkaneSS@nycap.«r.com; saddledduck@amail.com; drbpe@prodigy.net ‘Subject: Revised Zoning Legislation- RED LINE VERSION Please see the attached and advise if you have any questions or concems. 11/4/2019