Roundup of Recent Ulster County Business-Related News, Views, Stories and More


March 2023

In addition to the latest updates on proposed tax increases, local employment, cannabis sales, and Zinc 8, this edition of our Business Bulletin focuses on land-use and planning.


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March Newsletter Topics Include:


TOWN OF HURLEY PROPOSES BUILDING MORATORIUM


COMMUNITY SPOTLIGHT ON LLOYD AND MARLBOROUGH

By Bond Brungard for Ulster Strong


JOB GROWTH IN THE HUDSON VALLEY - LATEST JOB NUMBERS


COUNTY LEGISLATURE ONE STEP CLOSER TO RAISING TAXES ON HOSPITALITY INDUSTRY


ROUTE 28 INVESTMENTS AND DEVELOPMENT BEING RESISTED


HOW TO BEAT AFFORDABLE HOUSING'S NIMBY PROBLEM - How One City Succeeded


IT’S UP TO YOU NEW YORK, NEW YORK’ …. & ENERGY STORAGE?

Zinc 8 and Energy Storage in NYS


FEAR OVER DYNAMIC ZONING MAINTAINS STATUS QUO: FLIES IN THE FACE OF AFFORDABLE HOUSING OPPORTUNITIES

GUEST EDITORIAL

By Paul Adler for the Rockland County Business Journal


PLANNING BOARD GOOD PRACTICES - A PRESENTATION FROM THE ULSTER COUNTY PLANNING DEPARTMENT


COURT LIFTS INJUNCTION ON CANNABIS LICENSES IN MID-HUDSON VALLEY


Town of Hurley Proposes Building Moratorium Until New Comprehensive Plan Is Put Into Place

A proposed building moratorium would place large portions (but not all) of Hurley off limits to any building or construction work for 9 months. A public hearing on proposed moratorium will be held on April 18 at 7pm at Town Hall at 10 Wamsley Place in Hurley.


The moratorium would also prohibit “any construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance” that exceeds 0.5 acres or more.


According the town supervisor Melinda McKnight, “what this moratorium would do is put a pause on certain developments over the next nine months while (we) finish up (our) comprehensive plan and maybe start rezoning,” noting that the board was close to having a draft available of an updated comprehensive plan.


Updating the zoning laws within the nine-month moratorium period “would be a goal,” according to McKnight, “even though it's a lofty goal.” She noted that the moratorium identified the smallest frame of time to achieve goals, and another local law could be passed to extend it if necessary.


Clearing and construction would also be prohibited on less than 0.5 acres if it is part of a “larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules, on land within or partially within the…zoning districts.”


McKnight is quoted as saying the moratorium was not precipitated by expectations that there would be a project proposed before the draft comprehensive plan is reviewed.

 

Read Further

Spotlight on Marlborough and Lloyd

by Bond Brungard for Ulster Strong

The Town of Lloyd, once a part of the of New Paltz until the 1840s, and Marlborough are neighbors that share Ulster County’s southeastern shore with the Hudson River. And it’s the river, with its natural attractive beauty, and the farmlands, above the bluffs inland, that form the economic backbones of both towns, with a combined population of about 20,000.

 

“The towns’ economic base derives predominantly from agricultural products, especially apples, and agri-tourism,” said Tim Weidemann, Ulster County’s director of economic development. Both towns are marked by a hilly spine, known as the Marlboro Mountains, separating the Hudson River from a valley formed by the Wallkill River, about 10 miles west.

 And with this natural beauty in mind, Lloyd Supervisor Dave Plavchak wants grow business, especially retail. Plavchak would also like a new hotel in town to make Lloyd a bigger destination. But infrastructure is a challenge, so sewer lines would need to run south from near Route 299, where there is a treatment plant, along the Hudson River in order for this to happen.

 

“One of major things we need to do is extend our infrastructure,” he said, “and I am talking about water and sewer. That has been a detriment.”

 

The Walkway over the Hudson, which is anchored in Ulster County in Lloyd, is attached to a rail trail that passes a few blocks away from Highland’s hamlet business district. But Plavchak thinks there has been minimal impact by the Walkway because there are few other attractions and avenues to get people to local businesses.

 “They use the rail trail, and some come off, but not as many as initially expected,” he said.

 

But for Doreen Browning, of the Kiltmaker’s Apprentice, the Walkway and the rail trail have helped feed interest in her local, specialized business.


Browning said her shop is popular in the region by serving the needs of many drum and fife bands. She also gets clients from other parts of the world who need a rental for special occasions in places such as New York City. 


“It’s a nice town to be in, and we attract a surprising amount of people into town simply because of what we are,” she said. “It’s a very niche business. We’ve had people come up on the train, walk across the Walkway to come into the shop.” Being on the edge of the New York City metro area, with a direct rail connection to the Manhattan, benefits Browning's business.

 

Housing in Lloyd and Marlborough, like much of the area and nation, has been impacted of late. During COVID, as New York City residents rushed north to safety, Ulster County became a haven, and new apartments, renting for more than $2,000-a-month and just a short journey from the Walkway, were quickly filled. Some new housing however is on the way.

 

Not far south on Route 9W, a senior assisted living facility with 194 standalone units, some 1,200-1,400 square feet in size, is being constructed on a hill across from Hannaford’s plaza. On another part of town a 162-house subdivision is half complete – as the demand for housing continues to grow.

 

“COVID drove up demand,” said Plavchak. “We don’t have enough housing for the people who want to move here.”

 

The rail trail, which connects to New Paltz, is a popular local attraction for walking and biking. A parking area on New Paltz Road, not far from Highland’s business district, has been the site of festivals celebrating the town’s history and agricultural heritage. Plavchak wants to continue and growth these kinds of events to enhance town businesses.

 

Business can be helped with coordinated marketing initiatives, and Meet Me in Marlborough is just such an initiative. The initiative helps the town by promoting festivals and other events in town and and assists in business development.

 

“Meet Me in Marlborough’s agri-tourism initiative continues to grow with more businesses opening and our members expanding” said Sheila Mannese of the Meet Me marketing organization. “Current operations include pick your owns, farm stands/markets, breweries, workshops, wine pairing dinners, food trucks, live events, live music and attractions such as line dancing, trivia nights,” said Mannese.

 

The hamlet of Marlboro (located in the town of Marlborough), straddles Route 9w and has traffic pushing through going north and south. This central location between the small cities of Newburgh and Poughkeepsie has helped SC Designs and Apparel, a family business founded by Mark and Melinda Ciaglia 12 years ago. Located in Marlboro, leading west out of the hamlet, they produce designs and apparel for local sports teams and other specialized items.


“It’s a good place to live. We started our business over 10 years ago and we’re still chugging along,” said Mark Ciaglia. “We do a lot of Marlboro sports teams, but we are also getting into Highland, Newburgh, travel teams, Boy Scouts, all kinds of civic organizations.”

 

On both sides of the small ridgeline are winding roads leading to orchards, breweries, distillers, restaurants and a pair of dominant resorts. The Buttermilk Falls Inn & Spa is a growing business that includes a bakery about a mile south in Milton’s hamlet business district in northern Marlborough.


In Lloyd, on Route 44/55 leading to orchards facing the Shawangunk ridgeline is another resort, the Rocking Horse Ranch, a western-themed venue that has been an economic mainstay in town for decades.

 

In addition to agri-tourism and resorts, both towns have some light industry including businesses Sonotek and Brooklyn Bottling in Marlborough and Caraway Tea and Zumtobel Staff Lighting in Lloyd.

 

JOB GROWTH IN THE HUDSON VALLEY

SOURCE: NYS DEP OF LABOR

Ulster County Legislature Votes to Ask State to OK Hotel Tax Increase

Ulster County lawmakers on March 21st took the first step to increase the county’s occupancy tax for resorts, hotels, BnB, and STRs when they approved a resolution asking the state for permission to double the county's tax rate.


Legislators supporting the plan to double the current occupancy tax rate include:

Walter

Bartels

Heppner

Uchitelle

Greene

Cahill

Sperry

Gavaris

Levine

Hewitt

Stewart

Criswell

Erner

Petit

Maloney


Legislators opposed to the plan to double the current occupancy taxe rate include:

Fabiano

Corcoran

Roberts

Lopez

Nolan

READ MORE

Route 28 Investments Being Resisted

From the Town of Ulster through the Town of Kingston, West Hurley and beyond, Route 28 investments and development (and redevelopment) are increasingly meeting resistance. A diverse range of proposals that include crane storage in an former open pit mine, a Dunkin drive-thru, the converting of an old elementary school into housing, and a new gas station on the site of former gas station are all being met with resistance from local groups (and regional groups), and increasingly skeptical planning boards.


Each project is permitted under current zoning laws. While no coordinating strategy is known to exist between the towns on these applications, the collective result leave the impression that commercial business along Route 28 is in limbo, especially without a clear plan for its future use and development. In the case of the Towns of Hurley and Kingston, Route 28 is essentially their only zoned business district, so decisions on these projects will have significant implications to their tax base. 


A primary concern cited by opponents of these commercial projects is the potential for traffic. In each development application however, the NYS DOT (with jurisdiction over state Route 28) has given approvals and permits (some pending changes, agreed to by developers). The last few years has seen traffic along Route 28 increase somewhat with the addition of new parks such as the Ashokan Rail Trail and expanding Bluestone Forest and growing tourism interest in the area. And new lands are being purchased by land conservancy groups on both sides of Route 28, foretelling future park expansions, more traffic, and more tax implications for towns. 


The actions by PBs and organizers are leading to questions about Route 28's future, and investment interest in the area, and is generating costly lawsuits for developers and taxpayers.


The following is a collection of published news stories about the above-mentioned developments along Route 28 that have been challenged by town PBs and/or opponents:


West Hurley Housing


Conversion of closed elementary school in West Hurley into apartments.


Read article >>

Woodstock Gas Station


Converting a derelict former gas station site into a new gas station site on an 0.76-acre lot where the townships of Woodstock, Hurley and Kingston converge.


Read article >>

Drive-Thru Dunkin


Redevelop current small office building at corner of routes 28 and 375 (both state maintained) into a Dunkin drive through.


Read article >>

850 Route 28


Use of an abandoned open pit mine off Route 28 for storage of telescoping cranes and trucks.


Read article >>

How to Beat Affordable Housing’s NIMBY Problem

How One City Succeeded

“The number one problem in affordable housing today is supply. There are plenty of new homes being constructed—but not homes that are affordable for cooks, nurses, barbers, and other working families,” says Jeffery R. Hayward, Fannie Mae’s executive vice president and head of Multifamily. But how did Minneapolis do it? Though the civic and political landscape of the city may be unique, many of the approaches and techniques used to achieve change there are replicable elsewhere. Perhaps the most important lesson, say experts and those with firsthand experience in Minneapolis, is that we should think big.

READ MORE

‘IT’S UP TO YOU NEW YORK, NEW YORK’ …. & ENERGY STORAGE?

Zinc 8 and Energy Storage in NYS


As reported in New York’s Energy Storage Roadmap, developed by the New York State Energy Research and Development Authority (NYSERDA) and the New York State Department of Public Service, “energy storage will play a critical role in supporting New York’s decarbonized electric grid by integrating large quantities of variable renewable energy, reducing curtailment, and storing renewable generation for the times it is needed most.”


New York Governor Hochul announced in her State of the State a goal to double the state’s 2030 energy storage deployment target, from the currently legislated 3 gigawatts (GW) of storage to 6 GW of storage, with an interim goal of 1.5 GW by 2025. This nation-leading storage target is driven by the quick growth in renewable energy expected over the next decade and the role that electrification of transportation and buildings will play in achieving New York State’s future carbon neutral economy.



“If I can make it there, I’ll make it anywhere. It’s up to you New York,” may be the mantra of Zinc8 Energy Systems, a Canadian energy storage start-up, getting a warm embrace from the highest levels of State government to plant its manufacturing center in New York state (ULSTER COUNTY). With $50M in development to create a leadership position in zinc air battery technology to-date, the road to building the company’s inaugural manufacturing facility will require significantly more capital for the plant to be built, staff hired and availability of the company’s zinc air battery technology energy storage systems.


LISTEN TO PODCAST WITH ZINC 8 CEO RON MACDONALD

Fear Over Dynamic Zoning Maintains Status Quo;

 Flies In The Face Of Affordable Housing Opportunities

GUEST EDITORIAL

By Paul Adler for the Rockland County Business Journal

Breaking The Mold Requires a Shakeup From Villages, Towns, Planners, All Stakeholders


By Paul Adler for the Rockland County Business Journal


Why are local zoning and planning authorities afraid to engage dynamic zoning for redevelopment? Is it that hard to be hip and cool like so many communities throughout the Hudson Valley?


Dynamic zoning contemplates systematic changes in the zoning code based on predetermined and agreed triggers, allowing a community to modify the use in different zones based on evolving needs of the community. Dynamic zoning standards can allow more flexible development while still ensuring that the resulting projects are not significantly out of scale or character with those around them.


Zoning and planning authorities may be hesitant to engage in dynamic zoning for redevelopment for a variety of reasons.


Here are a few potential factors that could be contributing to this reluctance:


  • Lack of political will: Dynamic zoning requires a willingness to experiment with new approaches to land use regulation, and to adapt to changing circumstances over time. In some cases, zoning and planning authorities may be hesitant to take on this level of risk, particularly if there is not strong political support for more flexible zoning policies. Town and Village leaders need to find out what works in other jurisdictions and experiment with new ideas and policies.


  • Legal barriers: Many local zoning codes are based on outdated laws and regulations that may not allow for dynamic zoning. This can make it difficult for zoning and planning authorities to implement new zoning policies that are more flexible and adaptable.


  • Concerns about equity: There may be concerns that dynamic zoning policies could lead to gentrification or other forms of displacement, particularly if they are not implemented carefully and with a focus on equity. Absent strong community support, zoning and planning authorities may be hesitant to take on this risk.


  • Lack of expertise: Dynamic zoning requires a deep understanding of land use trends, development patterns, and community needs. Zoning and planning authorities may not have the necessary expertise or resources to develop and implement dynamic zoning policies effectively or may be reluctant to reach out to experts for advice.


  • Resistance from developers: Developers may prefer the certainty and predictability of traditional zoning policies, which can make it easier for them to plan and execute projects. Municipal authorities may be reluctant to implement dynamic zoning policies if they believe that they will face resistance from developers or other stakeholders in the development process.


These and other factors contribute to the reluctance of zoning and planning authorities to engage in dynamic zoning for redevelopment. Addressing these concerns will require a concerted effort from policymakers, community members, and other stakeholders to work together to develop more flexible and equitable zoning policies that can adapt to changing circumstances over time.


We need to stop the practice of Exclusionary Zoning, which always get you what you don’t from a planning perspective. Exclusionary zoning refers to land-use regulations that restrict certain types of development, such as multi-family housing, in certain areas, often with the intention of preserving the character of a neighborhood or preventing the entry of certain groups of people. While the intention behind exclusionary zoning may be to maintain property values or prevent overcrowding, it often has unintended consequences. One, for example, is the perpetuation of segregation, as low-income and minority groups may be effectively excluded from certain neighborhoods. This can have negative social and economic effects, such as limiting access to job opportunities, quality education, and public services.


Exclusionary zoning can also lead to a lack of affordable housing, as restrictions on multi-family developments can limit the supply of housing and drive up prices. This makes it difficult for people with lower incomes to find suitable housing, which in turn exacerbates issues such as homelessness, housing and fire code violations, and housing insecurity.


Therefore, it is true that exclusionary zoning can often lead to outcomes that are contrary to the intentions of those who implement it. It can perpetuate segregation, limit access to affordable housing, and exacerbate social and economic inequality. As such, policymakers should carefully consider the potential consequences of land-use regulations and aim to implement policies that promote equitable access to housing and other resources.

Planning Board Good Practices Presentation Available From Ulster County Planning Department

An informative and useful presentation is now available online from the UC Planning Dept. "Build a Better Record with Documentation Good Practices for Local Board Decisions (or "Don't Wait For the Article 78!")


Participants are guided through an efficient process of adopting a land use decision utilizing facts and documentation as a basis. Best practices, legal requirements, tried and true recommendations, and court-tested methods of achieving a fair and well-considered decision will be explained and discussed.


To view slideshow presentation visit:


VIEW PLANNING BOARD GOOD PRACTICES PRESENTATION

Court lifts injunction on cannabis licenses in most New York regions

A federal court yesterday, March 28, lifted an injunction that prevented state regulators from issuing licenses for cannabis sales in multiple regions of New York state. 


The move will enable the Office of Cannabis Management to issue licenses for businesses in Central New York, Western New York, Mid-Hudson and Brooklyn as the court continues to hear the case. 


An injunction on cannabis licenses in the Finger Lakes region remains. 


State officials in recent weeks have signaled plans to change New York's legal cannabis marketplace amid efforts to boost growth. 

READ FULL ARTICLE
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Ulster Strong is a non-profit advocating a pro-growth agenda that balances good jobs and investment opportunities with the environment and sustainability.


ULSTER STRONG SUPPORTS

Adding good-paying jobs;

Diversifying the local economy so it’s more resilient;

Encouraging new investment;

Balancing the environment with local economic needs;

Growing local tax base to support community services including schools, infrastructure and emergency services;

Updating planning and development procedures to be more

transparent and timely.


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