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Town Zoning Gets Changes
Longstanding Push To Match Master Plan Partly OKed

MAMAKATING – Fourteen years ago, the people of the Town of Mamakating crafted a comprehensive master plan putting forth a vision to guide future development. For the past eighteen months, the town has been working to revise the town's zoning to finally bring it in line with the intent of that 2001 master plan.

A large crowd — most of them wearing "Yes! Zoning Change" buttons — packed the town meeting room Tuesday night where it seemed that in spite of a painstaking process, a vote might not happen after all. Two board members, Russ Wood, Jr. and Bob Justus, said they still felt unprepared to vote on the proposed amendments, and recommended a further two-week delay. Both cited emails they had received just that afternoon which they would like to have more time to consider. Justus also said he was worried about possible litigation if the board acted too hastily.

Board member Brenda Giraldi reminded Justus that attorneys had been present at every one of the meetings about the new zoning, and felt that they would not put the town into jeopardy. During the public comments, Dave Lybolt told Justus and Wood that if they hadn't had time to read their emails, they were not doing their job. "You were elected to do the will of the people," he said, adding that any board member who voted "no" would be going against the public will.

After spending an hour in executive session, the board decided to go ahead with the vote on the zoning amendments. Because of the protest petitions received, contested areas were voted on separately. For there to be zoning changes in any of these areas, a supermajority of the board — four out of five council members — had to vote in favor of the proposed amendments.

For the Shawanga Lodge properties, the board considered a revised zoning amendment which allows one unit per 1.5 acres and includes an additional 31 adjacent acres also owned by the developer. This proposal means that the maximum number of allowable units is 436, or 400 units plus three year-round residences. The proposal was okayed with only Wood voting against it.

The proposal for the Crescent Heights area also passed with only Wood voting against it. In the case of the Wurtsboro Airport properties, owned by controversial developer Shalom Lamm, both Wood and Justus said no. This means that the zoning currently in place remains unchanged for that area. A petition protesting the change from one-acre lots to two-acre lots around Burlingham Road was ruled invalid by town attorney Ben Gailey. The new zoning for that area passed with a simple majority of three to two. The remainder of the proposed zoning changes for all of the non-protested areas also passed with a simple majority, again with Wood and Justus voting against them.

After the meeting, town supervisor Bill Herrmann said he felt a sense of real accomplishment.

"Two years ago," he said, "when Matt Taylor, Brenda Giraldi and I were voted into office, we had a very strong and clear mandate, and we followed through."

In other business, the Summitville Fire District brought to the board's attention their ongoing tax exemption battle with town tax assessor Alane Romer. In 2013, the company bought ten acres of land on Fordham Road for the purpose of training and drilling its volunteer force, as well as attracting new volunteers. A small pavilion and picnic area were established... and as a result, Romer took away its tax exempt status.

"We're up against a stone wall here," said former fire chief Tim Koestler. "We bought this property through our fund-raising efforts. We save the town millions of dollars because we're all volunteers."

"Everyone on the board here is sympathetic to your cause," responded Herrmann. However, he informed Koestler that a town board cannot legally override a tax assessor, and that the fire company would have to take the case to court.

Romer has refused to discuss the issue with the press saying she "does not talk to reporters ever."

At the close of a public hearing for the Westbrookville Fire District, the board voted to accept a contract agreement allocating $161,175 to the company for the year to provide fire protection for the Westbrookville area.

It was also noted that there will be a free concert in the town park on Friday, July 31, at 7 p.m. This event will feature the group Restless Minds, and the concession stand will be open.



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