Town board ponders wetland measure

By: Jeremy Schwartz , Voice Ledger May 26, 2005

Preserving the environment was the primary topic at the May 16 town board meeting.
During a public hearing on a proposed wetland protection law residents, developers and attorneys voiced reservations about mandatory buffer zones in the legislation.
The proposed law, known as the Freshwater Wetland Waterbody and Watercourse Protection local law, was drafted by the Conservation Advisory Council.
It seeks to preserve all wetlands in town including those not currently protected by federal or state law. The lion's share of complaints at the hearing had to do with the 100-foot mandatory buffer zone prescribed in the draft law.
Paul Doherty, owner of Red Wing Sand & Gravel, said the buffer zone was excessive and would discourage developers from donating land for open space.
"You are taking the people's land. A 1\16-acre area becomes an acre and a quarter when you put in a buffer zone. If this law were in effect 20 years ago, we would have only one soccer field at Doherty Park."
A similar complaint was voiced by attorney Dominic Cordisco, who represents Sharbell Development Corporation, developers of the proposed Springs at Beekman residential project.
"The unintended consequence will be potential loss of usable recreation resources to the town," said Cordisco.
Town attorney Kevin Denton also expressed reservations about the law in a letter to Supervisor John Adams. Denton wrote that the definition of what is a wetland is vague under the proposed law.
"If a skunk cabbage sprouts in a lawn during a rainy spell, does that make the lawn a wetlands which now cannot be mowed without a permit?" wrote Denton.
Thomas (Doc) Sanford, former chairman of the Dutchess County Farmland Protection Board, said protecting wetlands is vital to recharge aquifers. He suggested that properties with wetlands be given a tax break.
"You might think about reducing taxes on wetlands that are important to the water regeneration process," said Sanford.
Resident Butch Allen expressed concerns about the cost of regulating and enforcing the proposed law.
"Someone is going to have to pay for this," said Allen.
After the meeting, Adams said that, based on public comment, modifications to the legislation were in order.
"There are issues that need to be examined before it is brought up for a vote," he said.
Adams noted that there is a bill in the state Assembly that would regulate smaller parcels of wetland not already protected. If passed, the state regulation could cover some of the same bases as the proposed local law.
Adams added that issues such as the permitting process and what effect the legislation would have on property value also needed to be addressed.

©The Voice Ledger 2005

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