After months and months of public outcry regarding the construction of potential warehouses and distribution centers in the Town of Montgomery, the Town Board has drafted a local law establishing a six-month moratorium.

The Local Law shall be referred to as “A Local Law establishing a six-month moratorium prohibiting the review and approval of applications for the development of warehouses and distribution centers in the Town of Montgomery.”

This rule was proposed after the Town Board found that many economic and social impacts and trends have changed since the Town’s last review of its Comprehensive Plan in 2010. They found that there is a critical and compelling need to impose a moratorium on the review and approval of applications for the construction and development of warehouses and distribution centers in the Town.

“The Town Board recognizes the impact that warehouse or distribution center development, or potential warehouse or distribution center development, in the Town may have on the health, safety and general welfare of the Town, its inhabitants and visitors, and upon existing uses, public services, traffic and the environment in general,” the law states. “These circumstances require that the Town Board review and update the Town’s Plan in order to, inter alia, ensure that existing and future warehouses and distribution centers are located in the appropriate zoning districts within the Town.”

The Town Board has begun the process of retaining the services of a planning and consulting firm and creating a Plan Committee to provide guidance and recommendations regarding updating the Plan.

During the effective period of this Local Law, no permits shall be issued for the permitting, construction and/or installation of warehouses or distribution centers in any districts within the Town without the approval of the Town Board of the Town of Montgomery, which approval will not be considered except in the event of proven hardship.

When this law is in effect, the Town Planning Board shall not accept any application, grant any approval to, or continue the review of a subdivision plot, site plan, special use permit or other permit that includes the permitting, construction and/or development of a warehouse or distribution center in any districts within the Town or would have as a result of the enlargement, relocation, or modification of an existing warehouse or distribution center.

For this Local Law, the Town Zoning Board of Appeals shall not accept any application or grant any approval for a variance or other permit that would have as a result the permitting, construction and development of a warehouse or distribution center in any districts within the Town.

The Town of Montgomery Building Department shall not accept any building permit application or grant any Certificate of Occupancy or Certificate of Compliance for any Warehouse or Distribution Center.

There are several warehouses and distribution centers that are exempt from the moratorium. This includes any warehouse or distribution center project that has received a Negative Declaration from the lead agency charged with reviewing the proposed project pursuant to the New York State Environmental Quality Review Regulations (SEQR) or if the lead agency has accepted a fully completed Draft Environmental Impact Statement for review in the event that a Positive Declaration pursuant to the SEQR regulations has been issued.

Any proposed warehouse or distribution center having a maximum gross area of 40,000 square feet and no more than three truck doors are also exempt from the moratorium. Proposed warehouses or distribution centers that have received final project approval from the Town Planning Board prior to the effective date of this Local Law are also exempt, provided that the property owner and/or applicant has received a lawful extension which is not expired.

Should any owner of property affected by this Local Law suffer an unnecessary and extraordinary hardship due to the enactment of this Local Law, then the owner of the property may apply to the Town Board of The Town of Montgomery in writing for a variance from strict compliance with this Local Law upon submission of proof of such unnecessary hardship.

Any person, firm or entity that shall construct and/or develop a warehouse or distribution center in any district within the Town shall be subject to penalties provided by applicable local laws, ordinances, rules, regulations of the Town for violations and a fine not to exceed $2,500 per day or imprisonment for a period not to exceed 15 days. If necessary, the Town may remove any construction that may have taken place in violation of the Local Law.

This Local Law shall take effect immediately upon filing in the office of the New York State Secretary of State in accordance with section 27 of the Municipal Home Rule Law. A public hearing has been set for Wednesday, March 18 at Montgomery Town Hall at 6:30 p.m.

Members of Residents Protecting Montgomery, have been disappointed in the draft of the Local Law. The group is looking forward to having their voices heard at the public hearing.

“The new local law falls far short of what we anticipated...,” said Don Berger, a founder of Residents Protecting Montgomery. “We were looking for a law that would last one year and be in compliance with the FEIS [Final Environmental Impact Statement].”

Montgomery Town Supervisor Brian Maher defended the proposed Local Law.

“We believe that diversity matters in terms of business development in our town,” Maher said. “Having the tax revenue from warehouses on Neelytown Road helps us provide services to the Town and I also believe given the right relationship with these large warehouses there could be additional benefits. However, we need to exhaust all options in terms of trying to bring in other businesses that could potentially bring in higher paying jobs. We believe with the tax revenue we currently collect from warehouses on Neelytown Road we are uniquely positioned to take this pause and not have long lasting impacts to our economic vitality. We need to have a plan moving forward and that plan needs to be born from conversations with members of our community from all walks of life. As we update our Comprehensive Plan I believe putting this Moratorium on Warehouses and Distribution facilities in place makes sense. I look forward to hearing from more residents at our public hearing.”

Maher added that if substantial changes are not made to the current draft of the Local Law, it is possible the Town Board could move forward as early as March 19 at the next scheduled Town Board work session and the moratorium could become law as soon as April.