Overlay districts
can facilitate solutions for particular development or conservation
issues. An overlay district,
like our current Route 28 Overlay District, adds definition
to the underlying zoning. Overlay
districts can also help us protect environmentally
sensitive areas like steep slopes and bluffs.
They can help us protect our aquifers. Other communities have
used scenic overlay districts to protect scenic roads and
views.
We have recommended three.
Route
28 Overlay District We propose re-thinking the Route 28 Overlay District
and develop criteria for two new types of overlay districts --
an aquifer protection category and a scenic protection category.
This concept can help
us
protect the
rural character of our town that is key to our love of the
community.  Currently one overlay district
exists -- the Route 28 Overlay District.
In the last zoning review and update, the Town
established the Route 28 Overlay District to provide an opportunity
to create a business and professional district
with strict guidelines along the stretch of Route 28 between
Zena Road and Route 375. Traffic make this stretch less desirable as a
residential area and, at the time, the Town planners and Board
believed the overlay district
would encourage business that could serve the growing West Hurley population
and increase the tax base of the Town.
The zoning developed to control the use of these
parcels has not facilitated the careful development envisioned
when the
zoning was adopted. Most lots lack the required frontage for
development. As a result, buildings often lie vacant
and in disrepair. Those interested in locating
a business
here
find
the restrictions make it
impossible. The traffic and lack of depth to the lots further
complicate usage.
The
surveys and public hearings highlighted this area as one that
could reasonably support business development
without jeopardizing the community’s interest in maintaining
the rural and residential character of the town.
Both residents and business owners supported the
idea of developing design and signage guidelines that would apply
to this business district.
Redesigned Overlay District requirements
may make business development here more feasible. We should include
the NYS DOT
in any discussion of revisions. The high volume of traffic and
the curve in the road present challenging safety issues.
Aquifer Overlay Districts
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| Photo
Andrew Hubbell, some rights reserved |
The CAC study of Old
Hurley aquifers identified a need to institute
measures to protect some of the aquifers. Other aquifers require
the same detailed study to determine their vulnerability. Based on the Old Hurley Aquifer Study, the
CAC recommends establishing an aquifer overlay district that
can be applied to all areas where we find sensitive aquifers
in need of long term protection. Currently, those sections of
Old Hurley identified in the report would fit the criteria. As
the aquifers in other sections of Town are studied, more areas
may be added.
The
report
offers model language and criteria for an aquifer overlay
district. It notes protection does not mean 'no development'
but rather
an overlay district can impose
specific testing requirements and prohibit particular uses
that have a high risk of contamination. An example might
include prohibiting gas stations in vulnerable areas. The town needs to undertake similar aquifer studies
in other areas and, based on findings, may need to apply
additional aquifer overlays.
Scenic Overlay Districts
We know we are home by the view outside our window,
and in Hurley many of the views are special. The backdrop of
bluffs behind the cornfields; the reservoir glistening below;
the Catskills rising in the distance. Many have requested that we explore
ways to save these views. Scenic overlay districts may stir up controversy
in Town, but the investment in discussion and exploration is
worthwhile now, before these vistas are compromised. Other towns
have found their way through those discussions to resolutions
that meet their needs. We owe it to the future residents of Hurley
to make that effort.
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