Village of Port Washington North

Moratorium Commission’s Land Use Report

By BOB WEITZNER

The Moratorium Commission Land Report originally synthesized itself actions taken by the Port Washington North Board of Trustees in September 2003. then, it was unanimously agreed upon the Board that, with the existing development taking place in the form of Mill Pond Estates and Stop & Shop, the Village needed a break to take stock. So, Bill 9B of was voted into law, creating a Moratorium against any sub-division in Port North, as well as restricting the size of additions of residential homes. With that law, the Moratorium Commission was born. Co- Chairing the Commission were Deputy Mayor Bob Weitzner and Trustee Steve Cohen, with members Bob Keane, Steven Kaplan, and Stanley Ronell.

The scope of the Commission changed since its formation, however it expanded its scope, not diverted from it. The Mission Statement found in the report makes it clear that, while evaluating how our property is zoned and developed is paramount, many other issues surfaced as a result of the Commission’s due diligence that needed to be addressed. Issues such as how public and private partnership can help bring positive change in a community; how a delicate balance exists between looking at the preservation of open space, smart growth of businesses and residences and the local needs of our Village, and weighing that against regional efficiency. Thus, this Commission report is called the Moratorium Commission “Land Use” Report, encompassing a far greater analysis than was originally perceived to be needed.

We believe this report should be used more as a tool than a reference to invoke thought and change for the betterment of Port Washington. The Moratorium expired December 31,2004, and it is now the task of the Mayor and Board of Trustees, by using this report, to determine which recommendations of the Commission should be adopted.

Those wishing to review the report can stop by Village Hall. We are working on an online version to be posted on our website.

Moratorium Commission’s Executive Summary

The Moratorium Commission was given the task of evaluating the potential impacts from subdividing properties in the Village and building oversized houses. The secondary task was to evaluate the current zoning ordinances and land use within Port Washington North. Once that was accomplished, it was the Commission’s charge to determine what direction the village is taking, and recommend any changes in Port Washington North’s zoning regulations or ordinances that would preserve, enhance and improve the unique character and quality of our Village. Now that the report has been completed, we make following observations and recommendations:

The Village wishes to preserve its current overall appearance. Oversized homes on small lots, homes on unsuitable slopes, as well as smaller homes crammed together on small lots should not be tolerated. Homes that do not conform to flavor of the community should be discouraged.
Smaller homes with ample lot size should be able to expand their homes reasonably in keeping with existing and proposed ordinances.
The Village should encourage new businesses to come into our Village. A balance should be maintained between residential and business development that consistent and in conformity with principles of smart growth.
The addition of Mill Pond Acresand other housing developments has created an adjacency issue with a non-residential industrial zoning district that needs attention and resolution to a potentially undesirable situation.
It is recommended that conflicts arising from current uses as permitted by current zoning regulations and the well being of the community need to be addressed by redefining and reforming zoning districts that may cause such conflicts.
The Commission believes that more open space should be secured by the Village.
The front lawn of Thomson Industries is a precious asset of the Village and the community, and should be preserved if possible. We suggest that the Board of Trustees communicate this as soon as possible to Thomson Industries, or the new owners of the property, and the Village of Manorhaven, and offer solutions to achieve that goal.
The non-residential zoning districts are vital to the homeostasis of our Village. They provide tax dollars, local employment and patrons for our local businesses.
The acquisition of open space or recreational space is vital to the Village, and methods to obtain this land should be considered and studied carefully. One concept to be explored is if developers desire to rezone properties to allow for residential housing, the trade-off should be some type of open space preservation beyond the Village’s current requirement. This method is a viable alternative for the Village to obtain open space and it should not be overlooked, even if it creates a new residential zone with a more stringent density.
The Commission believes that upzoning of some of the non-residential zones should occur to prevent undesirable industries and businesses from entering our Village and to allow our non-residential zoning districts to be able to co-exist with our residential districts. Up-zoning would also help protect large properties from subdividing and allowing the current zones to be applied to the smaller properties.
The Industrial A District does not currently conform with those industries and business types that provide a fit with our Village. Since most, if not all, existing uses in Industrial A conform to EDA zoning regulations, the Commission believes the Industrial A District should be folded into the EDA District.
There are properties in the EDA District that are located on residential streets, surrounded by homes. The Commission believes that these properties should be rezoned Residence C to prevent businesses that are permitted under the EDA District to locate within a residential area.
Current zoning regulations do not properly take into account the conflict between residential housing and our Business/EDA/Industrial A zones. The Commission believes that ordinances for various zoning districts should be altered to provide for wider buffers, and improved buffers by means of proper berms, fencing, and/or plantings and all other necessary steps to ensure optimum screening and noise abatement between the properties.
Ordinances relating to the Village’s MS4 Storm Water Permit must be developed to be in compliance with the NYSDEC. Ordinances such as storm water erosion control, illicit storm water discharge prevention, construction and postconstruction storm water ordinances must be developed. These ordinances will affect land use and will help protect our natural resources (Mill Pond and Manhasset Bay).
Ordinances regarding steep slopes, sky exposure plane, revised floor area ratios, and increased setbacks should be introduced to prevent “McMansions” and homes on unsuitably sloped land from being built.
The Village should update its zoning map once the Village has implemented changes in its zoning.
Property and/or business owner(s) that violate Village codes and /or ordinances should be issued a summons for such violations. Failure to take corrective measures to comply with the summons will subject owners to the appropriate penalties as dictated by said codes and/or ordinances. This may include but not be limited to the Village taking the necessary corrective measures and charging violator for the expenses incurred.

(Printed in the Feb 2005 Newsletter)