Draft Richmondville zoning law comes under fire

7/22/2014

By Jim Poole

A proposed new Richmondville town zoning law came under heavy fire Thursday night from those who had a hand in drafting it.
But Supervisor Dick Lape took the criticism in stride and said all sides will smooth out differences starting with a special meeting next month.
A re-write committee developed most of the new law several years ago. Richmondville then sent the law to experts David and Helen Slottje to add anti-hydrofracking provisions.
The Slottjes had the law for more than two years. When they sent it back a couple of weeks ago, the law had much more than a fracking ban added to it, critics charged at Thursday's town meeting.
"A lot of this is not what we put in," said Mike Piccolo, a planning board member and also on the re-write committee.
"This is not what we presented. There's a lot of crap we didn't propose. They never critiqued it. They just added to it."
Harold Loder, planning board chairman and also on the re-write committee, pointed to farming restrictions in the proposed law.
The proposal, Mr. Loder said limits farms to no more than 200 cows. There's a similar restriction on chickens, he said.
"I object to both of these violently," he said.
Some farms already have more than 200 cows or are close to that number, Mr. Loder said, adding that agriculture in the future points to larger farms.
"The federal government regulates concentrated animals," he said. "Why the town has to regulate them is beyond me. Farmers know what they're doing."
Both Mr. Piccolo and planning board member Tighe Lory called the revised law anti-business and potentially harmful to property owners along Route 7.
Those properties are in planned development districts under the current law, Mr. Lory said. The new law calls for rezoning that area to R1, Hamlet or Mobile Home.
"Some property owners are being robbed of their property values because of this new law," Mr. Lory wrote in an email.
"If I owned a property like this, I would sue the town."
Mr. Piccolo said the proposed law also designates Business Commercial along Route 7, with businesses limited to 20 or fewer employees.
Such zoning would make Lancaster Development--which has many more than 20 employees--a non-conforming use, meaning the company couldn't expand and would be limited if sold.
The same is true for a company wanting to move into the now-vacant Maranatha building in Warnerville, Mr. Piccolo said.
The planned development districts in the current law allow for flexibility, he added.
Mr. Lape defended the revised law, saying it conforms to Richmondville's comprehensive plan that was re-written in 2006.
He drew support from Bob Nied, who was on the comprehensive plan committee.
The zoning re-write "was a huge undertaking," Mr. Nied told the town board.
"You should be congratulated for the fact that you did bring it in. The new law embraces fair and reasonable practices."
Recognizing both sides, Mr. Lape said the zoning re-write committee will meet with the planning board and county planner Shane Nickle on August 12 to work on the law.
"I can't stress the importance of them meeting together," Mr. Lape said. "We really need to work on this. This is only the beginning."
The August 12 meeting will be at 7pm in the village hall. It is open to the public.