DEPARTMENT OF PLANNING
Dr. Robert L. Yeager Health
Center
50 Sanatorium Road, Building
T
Pomona, New York 10970
Phone: (845) 364-3434
Fax: (845) 364-3435
Douglas J. Schuetz
Acting Commissioner
Richard M. Schiafo
Deputy Commissioner
November 18, 2024
Piermont Village Board
478 Piermont Avenue
Piermont, NY 10968
Tax Data: 75.55-1-19, 75.63-1-1, 75.55-1-20, 75.63-1-64,
75.54-2-27, 75.55-1-14.2, 75.54-2-11, 75.54-2-29, 75.54-2-13, 75.54-2-10,
75.54-2-17.3, 75.55-1-18, 75.54-2-36, 75.54-2-31, 75.54-2-33, 75.54-2-40.1,
75.54-2-8, 75.55-1-13, 75.54-2-35, 75.54-2-37, 75.55-1-17, 75.54-2-15,
75.55-1-21, 75.54-2-16, 75.54-2-38, 75.54-2-14, 75.54-2-26, 75.54-2-24,
75.54-2-39, 75.54-2-40.2, 75.54-2-25, 75.54-2-12, 75.54-2-17.1, 75.54-2-9,
75.54-2-32, 75.55-1-15, 75.54-2-17.2, 75.54-2-30, 75.54-2-23, 75.55-1-14.1,
75.54-2-28, 75.55-1-16, 75.54-2-22, 75.54-2-34
Re: GENERAL MUNICIPAL LAW
REVIEW: Section 239 L and M
Map Date:
Date Review Received: 10/25/2024
Item: Central Business
Mixed-Use (CBM) District (GML-24-0291)
A zoning map and text
amendment to create a new Central Multi-Use Business (CBM) zoning district in
place of a majority of the existing Business B (BB) District that will be more
closely aligned with existing built conditions and uses in what is widely considered
to be the Village's downtown. The proposed law also includes a provision to
impose a limit of one dwelling unit per 1,250 square feet of lot area for
dwellings over commercial uses within the BB zoning district.
Along Piermont Avenue,
roughly bounded by Kinney Street and Tate Avenue for the proposed CBM zoning
district and throughout the BB zoning district.
Reason for Referral:
County Route 8 - Main St,
Sparkill Creek, Ash Street Station Park, Long Path Trail, State Route 304, US
Route 202 & 9W, Tallman Mountain State Park, Orangetown
The County of Rockland
Department of Planning has reviewed the above item. Acting under the terms of
the above GML powers and those vested by the County of Rockland Charter, I, the
Commissioner of Planning, hereby:
Recommend the Following
Modifications
1. The local law must be
amended to update the Village's Table of General Bulk Regulations and Table of
General Use Regulations for the proposed CBM District.
2. The Village may want to
consider creating individual bulk requirements for studios/professional
offices, as the pre-existing BB district had different bulk requirements for
those uses and the proposed zone will be replacing most of the BB district.
3. Section 210-61.2(B)(1)
provides some specifications for architectural appearance of multiple
dwellings. This department recommends that language be added to this section
that requires review by the Piermont Architectural Review Commission. The
Village should also consider amending section 4-4.C of the Village Code, which
governs the jurisdiction of the Commission, to include applications within the
proposed CBM zoning district.
4. Sections 210-61.1 through
Section 210-61.6 of the proposed law reference the CB district. This should be
changed to CBM, so that all references within the proposed law are consistent.
5. The EAF submitted with the
application calls the new zoning district "Central
Business-Multifamily" while the draft law calls the zone "Central
Business Multi-Use District." This must be corrected. All application
materials must be consistent.
6. It is recommended that the
local law specifically identify the individual parcels that will be changed
from the BB district to the CBM district. Although Section 3 of the proposed
law provides street boundaries of the new zone, providing the parcel numbers
will provide clarity and a more descriptive depiction of the new zone.
7. Based on the map provided
on page 3 of the Local Law, it appears that parcels 75.54-2-22, 23, & 24
are to be included in the CBM zoning district. However, these parcels do not
meet the provisions described in the same section. This must be clarified. All
application materials must be consistent.
8. The GML referral form sent
with this application describes this law as a "Zoning Text
Amendment". It should be corrected to "Zoning Text and Map
Amendment". The EAF refers to this law as "Adoption of Text
Amendments to the Zoning Local Law of the Village of Piermont". All
application materials must refer to this proposed law as both a text and map
amendment.
9. Section 3 (4), of the
proposed law states that lot 75.55-1-14.3 will become part of the CBM district.
This department does not have any record of such a lot being created nor can we
find any record in the Town of Orangetown tax mapping or assessment systems for
a such lot. Once a subdivision has been approved, a filed map cannot be used to
convey property, nor can the tax maps be updated with the lot changes, until
the deeds are filed with the County Clerk, conveying the portions of the lots
that are required to achieve the lot configuration indicated on the subdivision
map. The applicant and the Village must make sure that the deeds are properly
filed with the Rockland County Clerk to ensure that the tax maps are properly
updated.
A previous GML referral
received by this department on November 16, 2023, proposed a subdivision of lot
75.55-1-1.1 to create lot 75.55-1-14.3 as part of an application to construct a
new 3 level, 14 unit multiple dwelling development in the CBM zoning district.
This department issued a disapproval letter of this application on December 11,
2023, indicating that the local law that created the CBM zoning was invalid as
a matter of law, as this department had not had the opportunity under GML
Section 239 to review the proposed law. The court has since found the Village
of Piermont Local Law No. 4 of 2023 to be null, void, and jurisdictionally
defective (October 11, 2024). Prior to adopting this proposed law, it would
appear a subdivision application would need to be submitted, or Lot
75.55-1-14.3 removed from the proposed law. Under GML Section 239-n, a
subdivision application must be submitted to this department for review.
10. Section 210-68.1.B of the
proposed local allows certain uses to satisfy off-street parking requirements
through the leasing or renting of off-site spaces, subject to certain
conditions. Subsection (1) states that off-site spaces "must either be
within the Business B Zoning District or Central Business Multi-Use Districts
or (if not in Business B or Central Multi-Use) be within 250 feet of the
food/beverage service establishment lessee's business." This subsection
does not include a maximum distance that would be applicable to leased or
rented spaces within either the BB or CBM districts. This provision could be
interpreted to allow the leasing of spaces located anywhere in the BB or CBM
districts to any food/beverage service establishment that is also within the BB
or CBM district. The distance between the northern end of the proposed CBM
district and the existing BB districts along the southwestern boundary of the
Village is approximately 0.9 miles. The Village should consider amending this
section to include a maximum distance between the establishment and the leased
or rented spaces that would be applicable in all circumstances.
11. The online posting by
General Code of the Village's zoning regulations continues to show this law as
already adopted and added on March 8, 2024 by Local Law No. 4-2023. The Village
should contact General Code to either remove this section or, should it approve
the proposed local law, update the posting with the correct date and law
number.
12. Pursuant to New York
State General Municipal Law (GML) Sections 239-m and 239-n, if any of the
conditions of this GML review are overridden by the board, then the local land
use board must file a report with the County’s Commissioner of Planning of the
final action taken. If the final action is contrary to the recommendation of
the Commissioner, the local land use board must state the reasons for such
action.
Douglas J. Schuetz
Acting Commissioner of
Planning
cc: Mayor Bruce E. Tucker, Piermont
New York - New Jersey Trail
Conference NYS Department of State
NYS Department of
Transportation Rockland County Department of Health
Rockland County Div of
Environmental Resources Rockland County Drainage Agency
Rockland County OFES Rockland
County Planning Board Piermont Fire District
*New York State General Municipal Law § 239(5)
requires a vote of a 'majority plus one' of your agency to act contrary to the
above findings.
The review undertaken by the County of Rockland
Department of Planning is pursuant to and follows the mandates of Article 12-B
of the New York General Municipal Law. Under Article 12-B the County of
Rockland does not render opinions nor determines whether the proposed action
reviewed implicates the Religious Land Use and Institutionalized Persons Act.
The County of Rockland Department of Planning defers to the municipality
referring the proposed action to render such opinions and make such
determinations as appropriate under the circumstances.
In this respect, municipalities are advised that under
the Religious Land Use and Institutionalized Persons Act, the preemptive force
of any provision of the Act may be avoided (1) by changing a policy or practice
that may result in a substantial burden on religious exercise, (2) by retaining
a policy or practice and exempting the substantially burdened religious
exercise, (3) by providing exemptions from a policy or practice for
applications that substantially burden religious exercise, or (4) by any other
means that eliminates the substantial burden.
Pursuant to New York State General Municipal Law §§
239-m and 239-n, the referring body shall file a report of its final action
with the County of Rockland Department of Planning within thirty (30) days
after the final action. A referring body that acts contrary to a recommendation
of modification or disapproval of a proposed action shall set forth the reasons
for the contrary action in such report.
