ELDRED, NY — Acting on town board resolutions for review, the Town of Highland Planning Board on February 4 recommended updates to local zoning that would provide relaxed parking requirements for new businesses and allow small craft brewery operations like the one planned in Eldred.

Drawing from language in state law, the planners recommended the incorporation of a “farm brewery” provision as a specially permitted use in the ordinance, available in both the H-C (commercial)and R-2 (residential-agricultural) districts.

The town board had asked for recommendations that they could consider at their February 10 meeting and schedule a public hearing.

No time frame was requested for the parking review. But planners agreed with Chair Berry Hafkin, who said that the ordinance was now “too restrictive,” preventing any new business. They decided to recommend reduction of the existing one parking space per 100 square feet of building interior space requirement, to one parking space per 250 square feet of “public access” interior space.

In January, the town’s zoning board of appeals (ZBA) rejected applications for two businesses separately seeking variances on these zoning requirements.

Developers for a Dollar General store wanted a parking variance to reduce the 91-car lot the current ordinance calls for to serve the proposed 9,100 square-foot convenience store. Following a well attended and hotly contested public hearing, the ZBA voted three to one to deny the variance.

Before the parking debate, Lumberland resident Bill Lenczuk sought ZBA action to allow his planned craft operation, Shrewd Fox Brewery, to be located in the former Eldred post office building. But Highland’s zoning ordinance did not address the use, and the variance was denied.

At the subsequent January town board meeting, Supervisor Andrew Boyar voiced support for the brewery idea and a zoning amendment to provide for it. He said that at the time of the writing of the zoning ordinance, craft breweries were not envisioned, along with cell towers and wind turbines. But small breweries are now “very fashionable and an incentive for local agriculture,” he said.

Regarding review of parking regulations, Boyar said there was a difference. While some find them “onerous,” the ratio “wasn’t pulled out of a hat. We’re just asking if the numbers are what they should be.”

Discussion of the brewery amendment was largely based on where the new language would be included—under allowed uses in those zones, or as a special permitted use requiring site plan review.

Planners initially did not anticipate immediate action on the parking measure. “We need to do a little more thinking on the vision… We have to do something rational for every business,” Hafkin said.

Realtor Paul Burckard said Lumberland had already done the research and proposed the Lumberland parking measures.

Referencing the Dollar General decision, builder Chuck Petersheim said no other New York State town had similar parking restrictions, calling the requirement “absurd… either a mistake or meant to keep business out.”

“We’re not doing this for the dollar atore. We’re doing it for the whole community,” Hafkin replied.

Board attorney Michael Davidoff suggested asking county planners for help.

Petersheim said that would be to “embark on a six-month odyssey,” arguing, “This amendment is no less important than [the brewery].”

Town Councilman Fred Bosch and developer Charles Petersheim pressed the issue.

Bosch introduced the Bethel ordinance, which carries the one-to-250-square-foot parking ratio.

Hafkin agreed that the parking requirement needed to change. “We need to ease it a little. We’re not growing. We’re dying….”

Any proposed zoning changes require a town board public hearing and filing with the state before becoming effective.