HYDE
PARK -- Supervisor Yancy McArthur has rejected Stop the
Sprawl's charge the recent public hearing on amendments
to the comprehensive plan was illegal.
Anne Dexter, co-founder of the grassroots group, said the
Feb. 24 hearing was convened without a quorum of the zoning
review committee members. Only two members of the nine-member
advisory committee were present at the dais in the town
hall meeting room.
''From a procedural standpoint, they fell short,'' Dexter
said.
The committee, which has drafted a new zoning ordinance
and some amendments to the comprehensive plan, held the
hearing to gather public input.
Most of the 25 Hyde Park residents who spoke opposed the
proposed changes, saying they would permit too much development
across the town. The critics included Dexter and other members
of Stop the Sprawl.
Dexter said she was not interested in having the hearing
held over again. She just wanted to point out that ''the
administration is lax about the process.''
At a recent town board meeting, Dexter presented McArthur
with a letter addressed to him from Marc Gerstman, Stop
the Sprawl's consulting attorney.
Gerstman's two-paragraph letter cites state law which, he
maintains, required a majority of the zoning review committee
to be present at the hearing.
Supervisor: Quorum met
McArthur said at least four members of the zoning review
committee attended the Feb. 24 hearing, even though Tony
Quirici and George McGann were the only two sitting at the
dais -- along with planning consultant Chuck Voss.
Members Michael Dalbo and Andy Imperati were sitting in
the audience, McArthur said. ''I don't think they have been
lax,'' he said of the committee members.
Town attorney Scott Volkman agreed.
''Whether they were at the dais was unimportant,'' Volkman
said. ''Whether they were at the front of the room or the
back of the room'' did not matter.
Volkman also said the committee was not required by state
law to hold the hearing. The committee held the hearing,
he said, to hear public comments on its planning recommendations.
Committee co-chairman Tony Quirici said, ''We were just
gathering information.''
In contrast, Volkman said, the town board must hold public
hearings on the final comprehensive plan and zoning drafts
before voting to enact them.
An attorney with the New York Association of Towns questioned
the need for a quorum of members at the committee hearing,
since nothing was being voted on.
''So long as the committee wasn't making any decisions and
merely gathering information, it is not as much an issue,''
said Murray Jaros, special counsel for the Albany-based
nonprofit town government advocacy association
Copyright
© 2005, Poughkeepsie Journal .
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