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Arietta tweaks land use code changes

Tuesday, August 26, 2014 - Updated: 2:08 PM



PISECO -- The Arietta Town Board made several changes to proposed amendments to the Town of Arietta Land Use Ordinance during a special meeting Monday, Aug. 25.

It struck the definition for general store, which specified "a retail facility carrying food and convenience merchandise and may include the following accessory activities: boat rentals, gasoline sales, and/or food service." That's gone.

Mobile home additions under 'Specific Use Designation Controls' drew four pubic comments. It now reads, "The total area of the mobile home and all additions shall not exceed 1,000 square feet... Additions shall not exceed 240 square feet for an enclosed room and 240 square feet of roofed porch. A roofed porch shall not be screened or enclosed. Any such addition shall not include a bathroom, kitchen, or bedroom. All roofed additions shall be freestanding from the mobile home so that the mobile home can be easily moved. No additions shall exceed one story."

Deputy Supervisor Barry Baker said, "The one comment is if a deck, or patio or porch, constitutes living area."

"It doesn't until you put a roof over it," Wilt said. "I don't think we can clean that one up now. I don't have the information. Right now it depends on interpretation."

Code Enforcement Officer John Casey suggested, "Why don't you leave it alone and let the Planning Board work on it?" The Town Board agreed.


'Campground' under 'Construction of Language & Definitions' has been changed. The board removed the part that excludes "any single vehicle exceeding 8 feet in width or 35 feet in length or vehicles, including a trailer or semi-trailer or any combination exceeding 8 feet in width or a total of 55 feet in length."

"It replaces the one that prohibits anything bigger than eight feet," Planning Board Chairman Mary Kiewicz said. "The comment 'Why not the larger RVs?' appears to be a good thing."


One public comment, from Lee Billington, was to consider adding home daycare to the table outlining district regulations on use and intensity.

"Home daycare is not listed as permitted nor as a permit needed," Billington said. "If it's not fixed, at some point someone is going to want to open a home daycare and will be told it's not in the chart so it's not allowed."

Baker said, "We had that discussion; it's allowed under home occupations."

But home occupations are limited to one employee. According to Nicole Allen of the Laberge Group, the Planning Board's consultant in overhauling the land use code, the number of employees limits the number of children in daycare. Six children are allowed per employee, she said.

Supervisor Rick Wilt said, "Put a question on that one for Tuesday." That's Sept. 2, when the Town Board will meet at 6 p.m. and plans to adopt the revised land use code.


The Town Board struck the restrictions limiting dock length to 40 feet and prohibiting them from extending into water greater than four feet deep. Wilt noted the NYS Department of Environmental Conservation issues dock permits under Environmental Conservation Law.

The Town Board removed the 60-day limit on temporary signs at Casey's request.

The Town Board decided to leave the regulation of residential wind power generating facilities to the Adirondack Park Agency.

Under Enforcement, the part about making complaints anonymously was deleted. The board agreed to add a clear list of steps to be taken when a violation occurs: notice of violation, stop work order, written warning, and appearance ticket to town court.

The Arietta Town Board will next meet Tuesday, Sept. 2, at 6 p.m., at which time it expects to approve the new land use code. "It's a working book," Wilt told the Planning Board members. "We can change it at any time if it's not substantial."


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