Frequently Asked Questions about The Planning Board & The ZBA
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1. What is the function of the town Planning Board?
The town Planning Board consists of seven (7) members appointed by the Town Board for staggered terms of seven (7) years. The Planning Board is authorized to review and approve realty subdivision plans and developments in accordance with the town Subdivision Regulations; review and recommend amendments to a town comprehensive “master� plan; review and approve site plans and special permits, or review and recommend to the Town Board action regarding site plans and special permits in accordance with the town Zoning Local Law; and review such other matters as may be referred to the Planning Board by the Town Board.
The Planning Board meets in public session once a month on the third Tuesday evening of the month, or more frequently if needed. The subdivision approval process requires at least one (1) public hearing on each application prior to approval. The typical review process for a realty subdivision is Concept Approval, Sketch Plan, Preliminary Plan and Final Plan. All actions by the Planning Board must conform to the State Environmental Quality Review (SEQR) law.
The board elects a Chairman, Vice-Chairman and Secretary for one-year terms. The board employs a part-time clerk. The board may retain a professional planning consultant, professional engineer and special legal counsel to assist in the review of subdivision plans.
2. What is the function of the town Zoning Board of Appeals?
The town Zoning Board of Appeals (ZBA) is composed of five (5) members appointed by the Town Board for staggered terms of five (5) years. The Zoning Board of Appeals is authorized to hear appeals from and review any order or decision made by the Zoning Enforcement Officer with respect to the town Zoning Local Law.
The Board is authorized to grant either a “use variance�, which allows the applicant to use the land for a purpose not otherwise allowed or prohibited by the regulations, or to grant an “area variance�, which allows the applicant to vary the dimensional or physical requirements of the applicable zoning regulation (i.e. setback distance). Any grant of a variance requires at least one (1) public hearing and notification of adjacent landowners.
The Zoning Board of Appeals may also grant certain Special Permits (although most Special Permits are granted by either the Planning Board or the Town Board). The Board is also authorized to issue opinions and interpretations of the Zoning Law where the language of the statute is not clear.
3. What is the zoning in Gardiner?
The Zoning Local Law is a land-use regulation which defines permitted uses of land, minimum lot sizes, density and building setback distances, etc.
For zoning purposes, the town is divided into zoning districts according to the permitted uses of land and minimum lot sizes. These districts are defined as “AR-200� (Agricultural-Residential, 5 acres); “AR-80� (Agricultural-Residential, 2 Acres), “AR-40� (Agricultural-Residential, One acre), “HR� (Hamlet Residential), “HC� (Hamlet Commercial) and “I� (Light Industrial). These districts are delimited on the town Zoning Map.
The permitted Uses in various districts are listed in the Use Table of the regulations. The required lot size, setback distances, etc. are listed in the Table of Bulk Regulations. In addition to uses permitted by right, Special Permits may be granted for certain other uses.
The Building Inspector also serves as the Zoning Enforcement Officer. If your planned use or lot design does not conform to Zoning, you may need to apply for a Use or Area Variance with the Zoning Board of Appeals.
4. What guidelines must the ZBA use in granting zoning variances?
The ZBA grants zoning variances where the literal enforcement of the provisions of the Zoning Local Law would result in unnecessary hardship and practical difficulties.
The board may grant a “use variance� if literal enforcement would cause unnecessary hardship. The applicant must demonstrate that (a) the land cannot realize a reasonable return based on financial evidence, (b) the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood, (c) the requested use variance, if granted, will not alter the essential character of the neighborhood, (d) the alleged hardship has not been self-created. The board may only grant the minimum variance necessary to relieve the hardship while at the same time preserving and protecting the character of the neighborhood and the health, safety and welfare of the community.
The board may grant an “area variance� where literal enforcement of the bulk requirements (dimensions and physical requirements) prevents reasonable use of the property or creates a particular hardship for the lot owner. These variances typically involve minor changes in dimensions or physical requirements for a particular lot or yard. The change granted by the variance is weighed against undesirable changes in the character of the neighborhood or any detrimental effect on nearby properties, including any adverse physical or environmental effects. The ZBA may impose conditions on any “use variance� or “area variance�.
5. If I am planning on opening a business, what must I do?
The town Zoning Law designates certain areas of the town as either Hamlet Commercial Districts or Light Industrial Districts where business and industry are permitted by right. Some commercial uses may also require a Special Permit issued by either the Planning Board or the Town Board. Some other business uses may also be permitted outside the designated commercial districts (i.e. bed & breakfast) if a Special Permit is approved by the town. Certain professional or home occupations may also be permitted outside the designated commercial districts. The town does not issue so-called Business Licenses.
6. What is the latest census data for Gardiner, NY?
Based on the latest federal Census, the population of the town of Gardiner was 5,238 persons in 2000, with a median age of 37.7 years. There were 3,876 persons older than 18 years of age. As of 2000, there were 2,255 housing units in the town with 76% owner-occupied. The average household size was 3 persons. More census information is available at the Ulster County Planning Department Website.
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