Town hears call for stricter zoning

By: DIANE VALDEN IndeNews March 15, 2005

COPAKE-The proposed Scenic Resource Protection Plan and renewal of the six-month moratorium on major subdivisions and commercial development will be the subjects of two public hearings just prior to the Town Board's April 14 meeting.

       Both the protection plan and the moratorium are suggestions made by the town's Strategic Planning Committee, which continues to forge ahead with recommendations to modify and update the town's Comprehensive Plan and zoning regulations.
       Appointed by the Town Board in February 2004 and originally called the Planning/Steering Committee, the six-person group chaired by Edgar Masters immediately sought public input in its venture by distributing a survey to which 38% of residents responded.
       Based on the results of that survey, the SPC has so far recommended that the town:
       *Hire a person specifically to concentrate on zoning enforcement issues, a change from the town's prior combined building inspector/ZEO post
       *Establish the six-month moratorium, which the board enacted in November 2004, and which will expire in May.
       The SPC has also spawned two subcommittees: one to study the affordable housing issue, the other to study water quality issues facing the town.
       The strategic planners conducted their own public hearing on the draft version of the scenic plan, of which, the Scenic Corridor Overlay Zone is part, again seeking pubic input. The committee made changes to the final plan based on that February 12 hearing attended by about 100 people. The final version may be read online at www.copake.org or by visiting the town hall on Mountain View Road.
       At the March 10 town board meeting, on behalf of the SPC, Mr. Masters recommended that the Town Board adopt the plan as an amendment to the town's Comprehensive Plan, pending another public hearing, completion of a long form State Environmental Quality Review (SEQR) and review by the Columbia County Planning Board.
       Changes to the town zoning law may follow, which will again involve a public hearing on proposed changes, a long-form SEQR and review by the County Planning Board.
       Public comment plays a key role in the work of the Strategic Planners and public involvement will be no less valuable in the success of Copake Community Day on June 18.
       Community Day Committee Chair Lindsay LeBrecht-Funk called for volunteers to help with advertising, tag sale coordination, secretarial or clerical support, prize coordination and bike ride organization. Bags for the three-legged race have already been donated and some vendors have already signed up. Lynn Hotaling will organize the parade and the Copake Fire Department will orchestrate the barbecue.
       During the public comment portion of the Town Board meeting members of the audience had their opportunity to divulge details, ask questions and catch-up on the latest ongoing Copake Valley Farm activities.
       Stosh Gansowski of Weed Mine Road said he had reported rock-crushing work going on at the farm on Lackawanna Road three times. What he described would be a violation of the town's settlement agreement with farm owner Salvatore Cascnio, and Mr. Gansowski wanted to know if anyone had contacted the town attorney about it. He also offered photographs to verify his observations.
       Supervisor Angelo Valentino said Zoning Enforcement Officer Edward Ferratto was dispatched to the farm, but witnessed no one at work. On subsequent daily visits, Mr. Ferratto has also found no illicit work.
       The supervisor said he would not ask the town attorney to report to the judge that Mr. Cascino had worked for one hour.
       Mr. Cascino must complete relocation of two or three utility poles and spread out topsoil on the section of farm property just northeast of the Lackawanna Road/Route 22 intersection by April 1.
       Mr. Valentino said the town attorney will contact Mr. Cascino's attorney to check on the status of work at the farm and whether he expects to meet the deadline. "If we see that the deadline has not been met, we will call the judge," said the supervisor.
       The imposition of fines or penalties for not meeting the deadline will be up to the judge, he said.
       An attorney in the audience suggested that people who want their observations noted by the judge can submit sworn affidavits, which he said are "as effective as any evidence."
       Despite the public involvement invited during public hearings and the public comment portion of the meeting, the Town Board once again gathered prior to the regular board meeting in a small conference room to review and sign bills without members of the public present.
       In a February 15 story about the February 10 town board meeting, The Independent reported the board's practice and asked Robert J. Freeman, the executive director of the state Committee on Open Government, for his opinion.
       "If a majority of the board gathers for the purpose of conducting town business, that should be open to the public," Mr. Freeman said at the time.
       Prior to the start of the March 10 town board meeting, Supervisor Valentino invited a reporter for The Independent to join the board in the conference room.
       "We sign bills, we talk about bills, if we have a question we go find [Town Clerk] Vana [Hotaling] or [Highway Superintendent] Larry [Proper] and ask it," he said, adding, "We also go over the agenda."
       In response to the suggestion that the public may be interested in bill-paying discussions and that other boards conduct their bill-review in public, Mr. Valentino said the Copake Town Board used to do that because it had no place, other than the main meeting room, to conduct that business.
       In a phone call following the meeting, Mr. Valentino was asked if the public may attend the bill-review sessions in the small room. "Sure, anybody can come in," said Mr. Valentino.
       Informed of Mr. Valentino's invitation to have a reporter observe the board's bill-paying and agenda discussions, Mr. Freeman said, "They should give notice that they are actually meeting at 7 p.m. or whatever time it is and say the first half hour will be spent reviewing and signing bills. It makes no difference if you [the reporter] know about it, the public should be notified."
       Boards and other public bodies that meet in ways that do not meet the requirements of the state Open Meetings Law face few sanctions other than judicial censure if citizens bring civil suits to open the meetings. But that could change under a new proposal. According to a March 13 story in the Times Union newspaper, Assemblywoman Susan John, a Rochester Democrat, is sponsoring a bill supported by the Committee on Open Government, to invalidate actions taken at meetings that violate the Open Meeting Law and impose a $500 fine on the governing body."

       To contact Assistant Editor Diane Valden email dvalden@indenews.com.

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