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‘It is doable; it is lawful’

Attorneys given green-light to look into zoning local law

Derek Kirk
Posted 9/20/24

LIBERTY — It was determined that in order for any zoning changes from RD to R1 to occur within the two Swan Lake-based parcels, a number of conditions promised by the owner of the land must be …

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‘It is doable; it is lawful’

Attorneys given green-light to look into zoning local law

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LIBERTY — It was determined that in order for any zoning changes from RD to R1 to occur within the two Swan Lake-based parcels, a number of conditions promised by the owner of the land must be written into the local law at the behest of the Town Board. Therefore, they needed to know if it was possible.

As previously reported by the Democrat, Town Attorney Ken Klein, Esq., was tasked two weeks ago with finding out if a local law with such stipulations was a possibility, to which Klein confirmed that “it is doable; it is lawful” at the Town Board meeting Monday night. 

With this knowledge, the town board gave the green light to delve further into the next step of the process.

Klein said that the next steps towards that end goal would be to have the town correspond with Friedman’s party to “find a happy medium.” The attorney also noted his interest in involving planner Peter Manning of Genius Loci in the process.

Those such promises that the owner of the properties, Wolf Friedman, had made were to turn the one 127-acre plot into a conservative easement and cap the unit limit at 180. 

Friedman previously noted his additional intentions to conduct various studies to ensure low visibility of buildings from the lake, establishing a $150,000 escrow fund in case of any environmental emergency with the lake.

The owner also said he wanted to make it clear to the board that he does not consider himself as a “developer” as there are currently no plans for any projects in regards to the two parcels.  Friedman highlighted the reasoning behind his promises due to his concerns for disturbing the environmental scene and potential increased traffic on Kelly Bridge Road, as well as for the consideration of neighbors’ previously stated concerns and others who have discussed their various concerns with him.

Once the local law is introduced, if the board should vote to accept it therefore after, the zoning change would alter the limit of the number of dwelling units per acre allowed. In an RD district, the limit is one unit per every three acre lot. In an R1 district, the limit is reduced to only one acre, with additional space granted if the development utilizes public water and sewer.

According to Klein, this proposed zoning change would also require a review from the Liberty Planning Board, a review from the county (GML-239) and a completed SEQRA (State Environmental Quality Review Act) form, as is usually required for other imposed local laws.

The Town Board voted all yes, save for Councilman John Lennon Jr., to instruct Klein to begin the process. This is a flip for Lennon, who  previously voted in favor of Klein researching the legality of the local law on Sept. 2.

Additionally, on a similar note, the moratorium on PUDs (Planned Unit Developments) received a third and final three month extension, lasting until January 3, 2025, following a unanimous vote from the Town Board Monday night. 

The two parcels of discussion were once considered for a PUD prior to the moratorium.

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