Democrat Eugene Bondar Proposed 12-Month Building Moratorium in June, Town Responds With Six-Month Moratorium Plan and Public Hearing Nearly Three Months Later
By Tina Traster
Are moratoriums a politician’s best pal?
It seems so lately. Pumping the brakes on everything from future datacenter proposals to housing and warehouses gives elected officials the benefit of revisiting zoning that permits unpopular developments, while allowing for redemption as we barrel toward one of the most heated local elections in memory.
On one hand, moratorium proposals beg the question “what were they thinking in the first place,” though it is also leaves the electorate with the impression that decision makers are willing to go back and re-examine previous decisions made – even if those decisions were a result of a long and expensive Comprehensive Plan process, which included input from residents.
The Town of Clarkstown on Tuesday predictably voted to pass a six-month moratorium on some development, though several speakers to no avail during the public hearing urged the council to extend the moratorium to 12 months, saying the town needed at least a year to study and act on proposed changes if they were serious about the act.
The local law, which can be renewed for another six months, is billed as a stopgap or interim measure to temporarily “suspend the approval of multi-family development, large scale subdivisions and commercial/industrial development” throughout Clarkstown, with several exemptions and carve-outs.
Clarkstown officials have been subject to withering criticism over a bevy of proposed developments, including the 561,000 square foot Cedar Corners warehouse project on 41 acres in Congers, and high-rise multi-family housing projects proposed for both North & South Main Streets in New City.
The public hearing drew large crowds and political theater.
Clarkstown is the only town in Rockland County with a heated Supervisor and council race on the Nov. 3rd election. No other town supervisor is facing a challenger. And for the first time in several election cycles, the Clarkstown Democrats have put up a viable slate and are campaigning hard to wrest the all-Republican town board back to blue. They are campaigning at a time during anti-Trump sentiment over the economy, gas prices, and the war in Iran, among other grievances. Congressman Mike Lawler, the Republican, is facing a tough race against Cait Conley for District 17. And Eugene Bondar, the candidate running to defeat Supervisor George Hoehmann, is running the most aggressive campaign the supervisor has faced during his ten-year tenure in office.
On June 1, Bondar, a municipal attorney, proposed a local law as part of his campaign platform, that would enact a twelve-month temporary moratorium on development applications in the Town’s Hamlet Center zoning districts. The moratorium would cover districts the administration created or amended in 2023 and 2025, including the New City Hamlet Center Zones (H1–H4), and the Hamlet Center Zones for Congers, Valley Cottage, and West Nyack.
In mid-August, the Town, recognizing overdevelopment was bubbling up as a top campaign issue, announced a six-month moratorium, in response to the rising temperature in town against rampant development and the proliferation of large warehouses.
“Read the Town’s own law,” said Bondar, during the public hearing. “Six months. Extendable by a simple resolution. Adopt it tonight, in September, and it runs right through Election Day and quietly expires in March. That is not a plan. That is an empty promise on a calendar.”
He later added, “So, respectfully, this moratorium smacks of political manipulation. It looks tailored to get the five of you through the November election.”
After Bondar spoke, Hoehmann sarcastically thanked him for his “political” speech. He differentiated himself from the candidate by pointing out that he is a lifelong resident of Rockland County, while obliquely mentioning that he didn’t just “arrive from the city,” adding that he took a $30,000 pay cut when he became town supervisor. Bondar relocated to Rockland County six years ago from New York City. He worked as a principal assistant County attorney for Rockland County for four years before turning his attention to an unsuccessful run against Hoehmann in 2025, and a rematch this coming November.
The Town of Clarkstown amended its zoning code in 2023 in the New City Hamlet District, after much time, expense, and study. The new zoning was part of the implementation of Clarkstown’s Comprehensive Plan. The main change was in the H4 district, which encompasses the shopping center properties between Main Street (North and South) and Route 304. The town sought to incentivize denser development by allowing residential and mixed-use projects to supplement or replace existing shopping plazas. The H4 zone allows 10 residential units per acre and building heights up to 70 feet. Affordable housing incentive can increase allowable density up to 13 units per acre.
Tuesday’s public hearing veered from a conventional public hearing – with Hoehmann asking Town Planner Joe Simoes to respond to nearly every comment made from about two dozen residents amid the nearly 200 people who attended the meeting.
Typically the council responds to public comments at a public hearing at the end of comments, but the Supervisor, who is a wily politician, understood the value of having Simoes explain, sometimes repetitively, the details in between nearly every couple of comments, during the three-hour stretch.
Those who spoke expressed support for the moratorium, but most wanted it extended to a year. Hoehmann claimed the extension would open the town to lawsuits from developers. Most speakers aimed their ire at the proposed Cedar Corners development, which would add nearly 600,000 square feet of warehouse space on 41-acres of wooded parcels in Congers, as well as proposed housing for the Main Street corridors of New City.
“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,” the town said in a press release.
But Bondar pointed out that several New York municipalities have imposed one-year moratoriums without running afoul of the law.
“You have been telling this town that a real twelve-month moratorium is illegal,” he said. “That is false. New York courts have upheld twelve-month moratoriums, and longer. Since 2024, five towns in this state have adopted twelve-month moratoriums: Southold, Lancaster, North Hempstead, Clay, and Perth. Five towns. Twelve months. All legal.”
The Hoehmann administration contends “excessively long or indefinite pauses can be challenged and invalidated by courts as unconstitutional ‘takings’ or improper land-use restrictions.”
There was no shortage of politically motivated speechifying at the public hearing, with Hoehmann’s challenger Bondar using the moment to highlight the town’s weakness, as well as criticism over the town’s development from three of the Democratic candidates seeking to unseat council members.
The local law establishing a 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, the town said in a press release.
Developments without negative SEQRA declarations are paused throughout the moratorium, according to town officials.
The pause coincides with the completion of studies on roadway safety and infrastructure, and policy changes, including the enactment of the Clarkstown Community Preservation Act. However, the Preservation Act, which imposes a transfer tax on home sellers and home buyers, is subject to a referendum, which is not on the November ballot.
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.
Hoehmann emphasized public input will be an important part of the process.
“To best ensure the needs of the community are addressed, the Town Planner will conduct a resident survey seeking input on zoning and development,” he said. “This survey will be mailed and made available online.”
Finally, Town Attorney Kevin Conway warned the Town Council about hearing comments on specific proposals, saying the moratorium is town-wide. He said addressing specific proposals could open the town to litigation.
Residents left the meeting feeling hopeful but wary. They understand we are in peak political season and the promise of revising or redirecting Clarkstown’s earlier and long-planned development goals are not that easy to jettison or redefine in a short period.
We will know more on Nov. 4.
