Earlier this week, the Town Council and I unanimously voted to implement a 6-month
moratorium on building in the Town of Clarkstown. The temporary moratorium includes
restrictions on the approval of multifamily development, large scale subdivisions, and
commercial/industrial development, such as AI data centers, which have the potential to
negatively impact the Town’s transportation network, environment, and public safety.
This pause on development stems from a number of recent events including the
completion of recent studies on roadway safety and infrastructure, and major policy
changes made by the Town Board including the enactment of the Clarkstown
Community Preservation Act. One of the requirements of the Preservation Act is for the
town to develop an updated preservation plan, which will likely necessitate substantive
changes to the town’s existing zoning regulations. While the moratorium is in place,
members will be appointed to a new Community Preservation Board, who will work with
town staff to develop the preservation plan.
The town will also review infrastructure limitations and recommendations identified in
the Routes 303 & 304 Safety and Sustainability Study, the Town-wide traffic
signalization and safety study, other various studies of the Comprehensive Plan, and
recent changes to the State Environmental Quality Review Act.
The town will use this time to amend land use regulations for responsible and controlled
growth that will not unduly impact community services and infrastructure, preserve open
space, and plan for a proper mix of residential and commercial development. Applicants
would be prevented from seeking approvals before the new regulations are in place,
protecting the public interest and welfare while amended zoning laws are adopted.
The moratorium was set for a period of six months, as case law dictates the duration of
a moratorium must be reasonable and limited to the time needed to draft or update
comprehensive master plans or zoning laws. Excessively long or indefinite pauses can
be challenged and invalidated by courts as unconstitutional “takings” or improper land-
use restrictions. The moratorium could be extended by local law for an additional period
of up to six months by resolution of the Town Board upon finding of a need for such an
extension.
Small scale subdivisions, individual residential projects, and commercial/industrial
projects under 5,000 square feet, which are unlikely to result in significant traffic
impacts, as well as projects within the Nanuet Hamlet Center, which has already been
studied for future transportation improvements and is the site of the Town’s only
commuter rail station, would be exempt from the moratorium.
Preserving and protecting our quality of life and natural resources while allowing for
responsible development has always been a top priority goal of my administration.
Achieving this is a challenging and delicate balancing act that often elicits strong and
passionate opinions from all sides of the equation. In the time since I took office, the
Town has acquired and dedicated over 40 acres of land for parks and open space.
Among the highlights of our preservation efforts are the creation of the West Nyack
Hamlet Green & Firefighter Memorial Park; a new connection to the Long Path through
land acquisition for the Bear Swamp Preserve and Nature Trail in Valley Cottage; a
Community Garden and greenspace in Central Nyack; and new natural turf sports field
at the Kings Park complex in Congers.
To ensure that we continue to set ourselves up for a sustainable future, it’s a good time
to pause and review the zoning regulations of the present. Public input will be an
important part of this process. In the coming weeks, the Town Planner will develop a
resident survey seeking input on zoning and development. This survey will be mailed
and made available online. Please take a few moments to participate and share your
thoughts on the town’s future.
