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A Letter from Joan and Werner Wustrau!

We anticipated that the Friends of the Shawangunks would appeal Judge Cahill's ruling. They have endless funds to fight the case. This organization will fight all property owners big or small that own property in SP1, SP2, and SP3 zones in Gardiner.

We find it hard to apprehend why the Friends of Shawangunks are fighting us - a private landowner owning over 40 acres (owned over 100 years and paying taxes on it all those years) - to prevent us from putting in a roadway to our property. It is costing us thousands and thousands of dollars to get our driveway and it is also costing all the taxpayers in the Town of Gardiner because of the lawsuit against the Town. "Friends" of Shawangunks "; I don't think "Friends" is an appropriate name and they certainly are not friends to the landowners and taxpayers of Gardiner.

FRIENDS OF SHAWANGUNKS WE SEND YOU A MESSAGE - WE ARE NOT GOING AWAY. We believe we are fighting for all the other people that own lands by the Ridge.


Werner and Joan Wustrau

New Gardiner Administration off to a Disappointing Start


The new Gardiner Town Board is only a few months old, and has a disappointing record to date. Joe Katz ran a campaign based on his lack of political party partisanship (he's a Democrat) and on a campaign cry of "Joe for Gardiner". Warren Weigand (a registered Republican who acts like and caucuses with the Democrats) also tried to give the impression during the election that he would be moderate and fair minded.

However, campaign promises rarely stand the test of time. One of their first acts in the new administration was to appoint a fifth town board member to finish out the term that Joe vacated when he became Supervisor. Two very eager and qualified Republican candidates applied for the position. It was a moment when Warren and Joe could have reached across the aisle and shown their willingness to bring a qualified Republican candidate on board, particularly in Mike Bonner who lost the Supervisor position to Joe by a mere 100 votes. Since there would still have been a Democrat majority on the board, it would have cost them little, but would have shown their willingness to represent all Gardiner residents, not just those of one party.

So, instead of doing the right thing, both Joe and Warren voted to appoint a last minute entry and Democrat, Greg Finger. In addition to being politically partisan, the board used a possibly illegal and definitely suspect executive session to deliberate on their choice of board member. This was recently pointed out in a sternly rebuking editorial by the Kingston Daily Freeman.

Another fault I see is in regard to a public financial report for the town hall construction, or rather the lack of such a report. During Carl Zatzs' term I called for a report several times in letters to the editor, as well as requesting it at town board meetings. However, Zatz flatly refused to provide the people with such an accounting. At this past January meeting, I requested a public report from Supervisor Joe Katz, and was told emphatically "You got it!". Well, several weeks later I did get a phone call with some dollar amounts quoted. I have since asked the supervisor by e-mail, again for a written financial recap of the town hall spending, and that it be made publicly available. I haven't heard anything back as of the writing of this letter.

The last issue is in regard to the town financial health, and a warning by Joe Katz made at the last board meeting. Even though we are only two months into the fiscal year, he has already issued a caution about likely shortfalls in revenue and needed belt tightening in every department. Had the board not been so eager to burn through a large majority of the general fund reserves in the past, there would not be so much hand-ringing now.

This is not what I call"good for Gardiner".

Pam O'Dell/GRIP

Friends missed Some Facts - 12-8-New Paltz Times

The article that Mr. H. Neil Zimmerman (President of Friends of the Shawangunks) wrote that was published on November 22 is missing information relative to the real facts.

Apparently the information was not properly conveyed to him. Our plans were and still are to gain access to our property via our deeded "right of way" (ROW) through the then-owners of 985 N. Mountain Road. What were requested from the owners, were a maintenance agreement to be drawn up and a survey for the ROW, which had no description. The new owner, who is also aware of our ROW, supports our endeavor to open up the ROW. Our submitted plans to the Town of Gardiner were only for a driveway, not for a house!

We presented our plans for our roadway to both boards - walked the ROW (roadway) to our property with the ZBA twice as well as with the new owner (several times). We have not at any time presented any plans for construction of a house to either the planning board or the ZBA.

At one of our many meetings with the ZBA, a member of the board asked: "How do you know that you can get a BOHA for a house on your property?"

This was seconded by a member of the public who added that she had rocks in her yard on North Mountain Road and did not think that we could obtain a BOHA on our property.

She said if we couldn't, all the disturbing of the land and trees would be for nothing. A board member and the town's consultant recommended that we demonstrate a BOHA and to also show its location on the map. We commenced with the preliminary BOHA, which turned out not to be an issue. We then submitted the new map showing the area where the BOHA preliminary test was completed as requested by the board.

Additionally during one of Gardiner's past public hearings for the Shawangunk Ridge Protection's zoning regulations and prior to its adoption, there were discussions about the few land owners who had properties such as ours. They were to be grandfathered in and given special consideration. However, it was not added (perhaps omitted) to the final current zoning code.

In summary, Ms. Anne Pyburn's November 1 article is more accurate than the information Mr. Zimmerman wants you to believe.

Werner Wustraus
Stormville

Friends Expand to the Lakes (New Paltz Times, 11/29/07)

After reading the letter by H. Neil Zimmerman of the Friends of the Shawangunks in your November 22 issue, I felt I had to say my peace. I will have to say that his response is very cold and bureaucratic. Here we have a family that has owned property for over 100 years that have a need to improve their access to it. They are not building a waste dump; they are not adding a casino. They just want to build a driveway to access their property.

Mr. Zimmerman goes into detail on how this project violates the Shawangunk Ridge Protection regulations. He is correct; it does violate the stringent regulations. This is why the Wautraus's filed with the ZBA of Gardiner. We have ZBAs because many regulations can be too strict. The ZBA does the right thing by protecting the little guy and along comes the big land trust to put a stop to that. God forbid we amend the SRP.

So let's say that the Friends win and the driveway is not built what is the Wautraus's next step? They are going to have to sell it. And who's going to buy this nice 40 acres? It won't be an individual or a developer. The Friends saw to that. The only buyer can be the Mohonk Preserve or other land trust who will buy it at well below the market value. And to me that seems to be the real goal.

This brings me to an issue that is closer to my home.

The Friends are now acting as a fiscal agent for a satellite group, Save the Lakes. Here in Rosendale, Anita Peck is selling her more than 700-acre resort to a Canopy Development who plans to turn the property into an upscale resort. They also have plans to acquire other property and possibly add upscale homes. The contracts are signed and the closing is near. Save the Lakes is doing everything they can to stop this.

My problem with here is two-fold. One, we have an organization telling a landowner who is an acceptable buyer. Two, they already have stated that there are other buyers, buyers that are acceptable to Save the Lakes. They do not name the buyer, but their site (www.savethelakes.us) states that it should be protected open space. This would allude to a land trust.

After seeing the tactics that both the Friends and Mohonk Preserve use to preserve open space, I would think twice about supporting "Save the Lakes." It would be a big mistake for Rosendale residents and especially the neighbors. The next thing we will see here is a

SRP act of our own. That's bad news.

I think that land preservation is a good goal. Keeping the rural character is a good thing. However, if in that preserving the land, we have to step on local property owners, then I have a problem.

Thomas C. Shanley

Tillson

Mohonk note didn't impress

In response to Glenn Hoagland's letter last week ("Response from the Mohonk Preserve"), I must set the record straight. Unfortunately, Mr. Hoagland's statement about the preserve's position on zoning "In sum, we did not take a position pro or con," is less than truthful. The preserve's support of zoning has been the subject of the preserve's previous letters to this paper, is also a matter of public record, and is on the preserve's own Web site. It's also disingenuous for Mr. Hoagland to say the Ridge zoning in Gardiner, which the preserve successfully promoted, and which greatly devalues land they want to acquire, is somehow not coercive.

Mr. Hoagland claims the preserve does not take any action disrespectful of their neighbors. Disrespect is, in a way, like infidelity, and the adage "if you don't know if what you are doing is unfaithful, ask your spouse" applies. If the preserve doesn't know if what they are doing is disrespectful, they should ask their neighbors, and not just the ones in their pocket.

For a peaceful cohesive community on the ridge, the preserve should do the right thing and promote innovations in conservation finance, not in addition to, but instead of, zoning. As mentioned in another letter, Jim Levitt is doing just this at the Harvard Forest. The Harvard Forest, to their great credit, has made no effort to promote confiscatory zoning for their neighbors. Jim's e-mail is james_levitt@harvard.edu.

Executive Director Glenn Hoagland has consistently pursued actions harmful to preserve neighbors and now Mr. Hoagland untruthfully claims to have done nothing of the sort. As such, the Mohonk Preserve Board of Directors should ask for his resignation. The Mohonk Preserve needs an executive director that will genuinely respect its neighbors.

Kent Pierce

Mohonk Preserve Life Endowment Member

Gardiner

Mohonk misses the point

I'm writing regarding Glenn Hoagland of Mohonk Preserve's letter in the November 8 New Paltz Times. Over the years, the Mohonk Preserve has represented themselves in Town Hall to give their views about Gardiner's zoning and land use, master plan, building moratoriums and any other issue that might affect their status as a private, members-only parkland. They have the same right to do so as Kent Pierce or I, or any other landowner on the ridge. However, while Mohonk Preserve claims to be just "one of the many landowners along the Ridge," there is one vast difference between them and us, which is that we pay taxes to the Town of Gardiner and they don't. Granted, they give a paltry "donation" to the town every year of a couple of thousand dollars, but it falls way short of what their fair share of the burden should be.

Moreover, while Mohonk Preserve states that Kent Pierces claims are "patently false," there is one fact that is indisputable. The Mohonk Preserve's "partner" in the Shawangunk Biodiversity group, the Friends of the Shawangunks, is suing the town of Gardiner and one of its fellow neighbors on the Ridge, the Wustraus. Not the most friendly and neighborly thing to do just because the Wustraus want to be able to access their land. Furthermore, all of the pretty speeches about land and water preservation will not make their actions any less distasteful to many of us in Gardiner.

Pamela J. O'Dell

GRIP (Gardiner Residents for
Individual Property Rights)

ON SPECIAL INTEREST ZONING

Once again here in Gardiner our property rights are under attack. Savetheridge, founded to keep Awosting Reserve from development, is advocating "strong enforcement of the Ridge zoning law," which is their code for no variances for individual landowners in SP-3, not even for pre-existing lots.

Savetheridge advocates that Gardiner continue to cooperate with "conservation organizations." The multi-million dollar Mohonk Preserve and multi-billion dollar Nature Conservancy have used out-of-state money to pay the same consultant the Gardiner Town Board used to write its master plan, a master plan that promotes zoning and tourism.

The Mohonk Preserve helped write and then lobbied to pass the divisive ridge zoning law, which furthers their interests at the direct expense of their neighbors. The town might as well have a Mohonk Preserve sticker up on the Town Hall door. We need a Town Board that recognizes that Gardiner's interests should not be synonymous with or subordinate to the interests of the very wealthy Mohonk Preserve and Nature Conservancy.

The Ridge zoning law has been a disaster for individual ridge landowners, most of whom are elderly, of very modest means and politically disenfranchised. Some have had to fend off the law, before passage, by investing, collectively, hundreds of thousands of dollars. Others have just had to take the hit. Because of the confiscatory ridge zoning law their land might now be worth half, or less, of what is was before passage of the law.

The Ridge zoning law has also been a disaster for any sense of community in Gardiner. In the words of Joel Russell, the attorney who wrote the zoning law, "there will be winners and losers."

In the words of Town Board member Matt Bialecki, "live and let live isn't good enough anymore" for landowners on the ridge.

Elderly, politically disenfranchised ridge landowners are the ones losing and being left to die. This is shameful. The Gardiner Ridge zoning law has been driven like a wooden stake through the heart of Ridge landowners and so too through the heart of the community itself, pitting neighbor against neighbor, dividing the community.

It doesn't have to be this way. The Mohonk Preserve, the Nature Conservancy, Savetheridge and the Gardiner Town Board Democrats have all promoted confiscatory punitive zoning to limit development on the flanks of the ridge.

In contrast, recognizing that "people don't want the government in their backyards," the Harvard Forest has promoted the use of conservation financing, instead of zoning, to limit encroaching development on their borders. Zoning hurts individual landowners and divides communities. Conservation finance unites individual landowners and conservation organizations and strengthens community.

In Gardiner we have a clear choice in this election between the Democrats and the Republicans. The democrats support more taxation, an eco-socialist agenda and laws that deeply divide the community. Republicans Mike Bonner, Bruce Chapman and Ron Bonagura support fiscal restraint, fairness in the conduct of town affairs, and a united community.

Kent Pierce
Gardiner

GUESS WHO WILL HAVE TO PAY FOR IT?

Are you tired of paying higher taxes? If you are, listen to this. Gardiner wants to buy land that is for sale for its open space program. They want to take out a $1.2 million bond. Guess who will have to pay for it? If your house is worth $260,000, you will have to pay an additional $51 in taxes every year for the rest of your life because taxes never go down. You can be sure it will only continue to go up. If your house is worth more, you will have to pay more. The cost of living is so high and going higher. There are people who cannot afford this - senior citizens, people living on fixed incomes and people who are living from paycheck to paycheck where both parents have to work to support their families.

In addition, Gardiner needs $75,000 to buy the rail trail, but they do not tell you what it is going to cost to maintain the rail trail and the open space land.

Also, Gardiner is $25,000 short in its funds for the highway program. In 2000, five people paid $10,000 each to have their road paved by the Town of Gardiner. To date, the road has not been paved and they do not know where the money went. I am sure there are more surprises in store for us.

Be sure to vote "no" on the bond issue in November. If not, be prepared to continue to pay higher taxes. They are driving out the people who can least afford it. This will not affect the businessman or the wealthy. They can use it as a tax write-off, which most taxpayers cannot do. The town board already spent $51,000 on the open space plan, and it hasn't even been voted on by the voters. If it is not approved, it is gone with the wind.

A public hearing on the open space program is scheduled to be held at the next town board meeting at Gardiner town hall. You can be sure they will try to paint a pretty picture, but what will not be pretty is what the picture will cost you and me. Something to gain in the long run, so let your voices be heard. Tell your friends and neighbors to be sure to vote "no" on the bond issue in November. If it is passed, this will give them a free hand to raise our taxes whenever they want to. They are up to no good. Let's stop them.

David Dawson
Gardiner

SAY "NO" TO THE BOND REFERENDUM

Voters in Gardiner, New Paltz Marbletown and other area towns are being asked to make a choice on November 7th when they go to the polls. Some anonymous signs along the road wrongly suggest that a "yes" vote will be for "open space", but in reality it would be a yes vote for a tax levy by each town on all property owners. This would mean giving town governments the authority to go into debt to buy land or development rights in the name of taxpayers.

Saying "yes" has more to do with controlling landowner usage than preserving open space. There is not enough private support and funding for land trusts such as the Open Space Institute or Wallkill Valley Land Trust to purchase the development rights. They need to "partner with" and tap into government funds supported by tax dollars in order to impose their goals and ambitions on others.

I attended a public hearing for the bond referendum where two large landowners/farmers in Gardiner each spoke out against such a proposal. They ask that the town governments not raise taxes to help "save" their land, as this ends up being the most costly for them, the largest landowners. They asked that we go to their farmstands and buy their goods, just as we would with any business we want to keep and help. Basically, they would like the governments to mind their own businesses, not the landowners.

Remember, voting yes means voting for higher taxes, bigger government and impositions on property rights too numerous to go into in this letter. In order to prevent local governments from overreaching their powers and to stop using your tax money to purchase real estate, say "no" to the bond referendum on Election Day. For well thought out, unexaggerated, straightforward information regarding the bond referendums and how they will affect your constitutional rights and your wallet, go to www.gripnow.net for answers.
Pam O'Dell, Gardiner

NO EXTRA MONEY TO BUY LAND

As a Gardiner resident, I must ask to be excused from fiscal responsibility of the open land bond, should it pass. I have no extra money to buy land, even if it is a good idea. You see, I am retiring soon and, already, it will take two of my twelve Social Security checks to pay the existing school and town taxes. That leaves me with ten checks to live on for the year, and I want to live in Gardiner for the rest of my life.



Some suggest that I should delight in the increase of my property's value thanks to the many new "luxury homes" in my backyard. However, this increase has only resulted in a raise in my taxes, further jeopardizing my ability to pay my way in Gardiner. My home (and land) is first and foremost my home and only later an investment.



Hopefully, our community is made up of homeowners and not real estate investors. I believe we have the means of protecting and preserving our community and the beauty that surrounds us - private trusts, zoning regulations, a considerate community - to name a few.



Regarding the open space bond, I will vote "no" for myself and the many other residents who consider Gardiner their homes, first and foremost.



Patricia Capers



Gardiner

BANANA Republic!

The Gardiner Open Space bond referendum which will appear on the ballot this November, and the Open Space Plan which it will fund, are anti-development to the extreme. They are perfect examples of the BANANA attitude - Build Almost Nothing Anywhere Near Anything.

According to the Gardiner Open Space Committee, the bond will be used as seed money to fund purchases of land to keep it undeveloped. And as "seed money," it will spark grants for further purchases and start the snowball effect of keeping more and more land undeveloped. No cap has been set on how much of Gardiner will be "undeveloped." Estimates have between 18 and 25 percent of Gardiner already permanently protected from development.

Up to now the owner of a sizeable piece of land could look forward either to continuing to pay taxes on it for the privilege of having all that space around him, or he could plan to develop and allow homes to be built where people could live. Now, the pressure is on him either to go into some kind of preservation/conservation scheme, or risk losing out on his development potential when the new zoning laws are passed. These new laws are presently being written, and promise to be restrictive and exclusionary. And just to insure that no "bad-guy" developer can sneak in before these new laws are enacted, the moratorium now in effect, is about to be extended.

In addition to the $1.5 million bond, Gardiner's open space plan calls for setting up a town fund dedicated to purchasing ever more land for the purpose of keeping it undeveloped. Tax money could be funneled into the fund without a by your leave from taxpayers.

This is the nifty way the town of Gardiner plans to keep new folks from realizing the American dream within our borders.

Marion Kells
Former Gardiner town supervisor

The Numbers Don't Add Up! by Bill Barrett

The proponents of the open space bond issue in Gardiner have been playing fast and loose with numbers of late, and this needs to be rebutted.

Before we delve into that, a quick aside; the proposed '07 town budget is calling for a 50% increase in the amount to be raised by taxes.

The town board admits that they have no idea what the interest rate available to the town on a bond will be. The deliberately understated tax increase to pay for the bond would require that the bond interest rate be 4.5%. With the NYS Controller's office forensic accounting auditors having been back and looking at the books again over the past 5 months, the likely available interest rate will be at least twice that. (and this is probably a diplomatically positive assessment).

Lew Eisenberg, chairman of the open space committee, has stated that the town has an initial "5 Year Plan" with a goal of restricting the usage of 300 acres per year for 5 years. This is 1,500 acres at a cost of about $10,000 per acre. The total cost is $15 million, or more. Paying this debt will necessitate a 1000% increase in taxes for the next 20 years.

Vote "no" on the bond!

Conservation or Exploitation by Lois Hegeman

Is Gardiner's "Open Space Plan" conservation or exploitation? Many pages in the OSP refer to plans for encouraging tourism on our highways, minor roads, and in our little Hamlet. The scenery, farms and wine trails, historical sights, and the Green way and Blue Way will be used to draw on the 10's of thousands of tourists that come to the mountain each year. 49 miles of signed scenic roads swallowed up by motor vehicles heading to the Hamlet of Gardiner.

There's a plan in motion to enhance the Hamlets appeal. New sidewalks are coming soon. Planning has begun for the Green Way Trail that will connect the rail trail to the Town Hall, Library, Majestic Park, the boat ramp at the river and later to other major Hubs. Miles of paths along our rivers sprinkled with boat launches, and swimming and picnic areas will create the Blue Way Trail. It will take long term dedication, effort, resources, staff and funding. We also need brochures and promotional materials to accomplish these goals. We will have to spend considerable amounts of money on land easements, land purchases, picnic areas, signs, and boat ramps. To build our new resources, and to maintain them, we will need management. We will need lots of Tax and Bond money, along with any grants we may receive. Will these expenditures be disbursed at the discretion of the volunteer CAC? It's quite a plan, and it is so easy to get carried away when it’s someone else's money you're spending.

The State limits the number of visitors allowed on the Gunk's, due to the strain on the ecosystem. Trails along the rivers can become a major problem if we use ecologically significant wildlife habitat trails. Who will do our environmental testing? Who patrols our rivers and walkways?

There is no mention of payment for these recreational privileges. I guess it's at our expense. What is the cost of upkeep? Will we need more parking lots and rest rooms? What if the money is spent and only a few come? What if many do? Will it be too busy for the local population to enjoy? What about the congestion from vehicles and pedestrians? Will Gardiner be a quiet little Hamlet? I would like to see the return on my investment if I'm going to pay the price. 

Gardiner is going to continue to grow, including industry, with or without the "Open Space Plan" and tourists. Taxes will continue to go up, faster with the plan. We do not need the town to borrow for what will not be a benefit to the taxpayers.

Just Vote No

Voters in Gardiner, New Paltz, Marbletown and other area towns are being asked to make a choice on November 7th when they go to the polls. Some anonymous signs along the road wrongly suggest that a "yes" vote will be for "open space" but in reality it would be a yes vote for a tax levy by each town on all property owners . This would mean giving town governments the authority to go into debt to buy land or development rights in the name of taxpayers.

Saying "yes" has more to do with controlling landowner usage than preserving open space. There is not enough private support and funding for land trusts such as the Open Space Institute or Wallkill Valley Land Trust to purchase the development rights. They need to "partner with" and tap into government funds supported by tax dollars in order to impose their goals and ambitions on others.

I attended a public hearing for the bond referendum where two large landowners/farmers in Gardiner each spoke out against such a proposal. They ask that the town governments not raise taxes to help "save" their land, as this ends up being the most costly for them, the largest landowners. They asked that we go to their farm stands and buy their goods, just as we would with any business we want to keep and help. Basically, they would like the governments to mind their own businesses, not the landowners.

Remember, voting yes means voting for higher taxes, bigger government, and impositions on property rights too numerous to go into in this letter. In order to prevent local governments from overreaching their powers and to stop using your tax money to purchase real estate, say "NO" to the bond referendum on Election day. For well thought out, unexaggerated, straightforward information regarding the bond referendums and how they will affect your constitutional rights and your wallet, go to www.gripnow.net.

MONEY MATTERS

A 9/28 article in the New Paltz Times discussed the county auditor's inability to get direct answers about money from the Ulster County Environmental Management Council (EMC). Questions revolve around how some $2.6 million dollars of county tax money was spent, and in particular a $50,000 invoice and subsequent payment to the Lower Esopus River Watch, a land trust with questionable viability. Concerns about spending of taxpayer dollars by unqualified volunteer and appointed committees were voiced by county legislators, including Gardiner's Tracy Bartels who stated the need for oversight "instead of relying on a commission heavily reliant on volunteers and partnerships to perform the necessary functions".

I fear that with the creation of a Conservation Advisory Council as called upon by the Open Space Committee and chairman Lew Eisenberg, will create a similar problem in our own town of Gardiner. Although the Open Space Plan calls for an unbiased volunteer group, no indication of qualifications, selection process, length of term or other details are given. Based on a letter to the editor of the New Paltz Times by Lewis Eisenberg, it seems that "interest" is the only qualification required to apply for a council spot. However, this Council could potentially be responsible for the spending of millions of taxpayer dollars, both in terms of where and how they will be doled out. What will the accountability of the CAC be to taxpayers? What oversight will be provided for the spending of your money? More importantly, this group of appointed citizens will have decision power in the planning and the use of private property....your property, possibly even over and above that of the Planning Board.

The bond referendum for $1.5 million set to be on the November 7th ballot is more than the current year general fund budget for the town. If passed, the Open Space Plan sets out provisions to have non-elected, non-accountable, and potentially inexperienced volunteers in charge of these funds. Somehow, this seems to be putting Gardiner on the same course for financial problems as we are now having at the county level.

Before Gardiner puts significant tax dollars and powerful land use decisions in the hands of non elected officials, we should be aware of the current problems in the county, and consider the implications. Yes, volunteers make wonderful contributions in Gardiner, and we need them. But do we want to pass the future of our town over to them, with no direct oversight and accountability by the people? I think it's sending us down a very slippery slope.

NOT TO WORRY

          Over and over again David Straus and Hal Chorney try to make it look like the property rights movement is against any zoning or restrictions of any kind on landowners.

          This is ridiculous on the face of it. Every owner of a large or small parcels of land in Gardiner is fully aware of restrictions on use of their land. It is foolish of David and Hal or any others who make similar comments, to keep beating this dead horse.

          Zoning has been in effect in Gardiner for decades. Neither the “adult” shop nor the slaughterhouse can move next door to a residence. In fact, they would not be possible anywhere in Gardiner. The zoning in effect for years in this town was sufficient to protect us from predatory developers. The new zoning is controlling and exclusionary.

          Get a grip, David and Hal.

Some insight about the Open Space Plan - all of the preservation tools that are outlined in the plan are available to willing landowners right now  and there is no need to have such a plan in place.  As was pointed out at the town board public hearing, landowers such as board member Joe Katz have put parts of their properties into conservation easements in conjunction with the Wallkill Land Trust.  GRIP does not advocate this type of property restriction, but landowners should have the right to enter into whatever legal deals they want to.  YOU DO NOT NEED AN OPEN SPACE PLAN TO CONSERVE OR PROTECT YOUR LAND!  The main reason to have such a plan is FUNDING....as it gives the town the legal footing to RAISE TAX MONEY FROM TAXPAYERS TO FUND THE PROGRAMS.  The Open Space Plan's main function is to give the town authorization to make government bigger, and raise funds through tax dollars.  Everything else can be done without benefit of having a formal plan in place.  
 
If there were enough private funds to support these programs, the land trusts would not need the governments help to raise money. We think that all of the supporters of the Open Space Plan and the bond referendum should pool their money privately, and not depend on the town government and taxpayers to foot the bill.
 

_____________________________________________________________________

LET'S LOOK BEFORE WE LEAP

Recent letters to this paper concern open space, taxes and the bond for an open space study. Some letters say that opposing the bond is short-sighted, and the insignificant increase in taxes is a small price to pay, and we need to look to the future to preserve our open space.

My family and I have lived here for over 30 years. We have a little over three acres. I would like to see open space preserved, but I would also like to be able to afford to stay here.

Since we need to look to the future, let's review some basic information, specifically regarding taxes:

- the town of Gardiner needs X dollars each year to operate, and it always increases.

- the town funds the increases by raising taxes

- farms currently pay less taxes based on agricultural exemptions

- if additional land (other than current farmland) are given tax breaks, the tax rate on the rest of properties needs to increase to make up the difference.

- if an additional layer of local government is added, taxes will increase more

Most people would agree (my opinion) that they would rather have farms than housing developments. Many of the letters to this newspaper say the best way to accomplish this is to go forward with the open space plan and accept the small tax increase that it entails.

But is that the only way, and is it, in the long term, just a small tax increase?

Chapter 5 of the Gardiner Open Space Plan is the "Strategic Action Plan." Section 1 calls for "long-term professional staff/consultant support, local funding (to serve as a match for state, federal and private funds)", "options such as purchase of development rights (PDR), transfer of development rights (TDR), and comprehensive land asset management planning (CAMP)." My belief is that the $1,500,000 bond is just a drop in the bucket toward funding this program.

In an article two weeks ago, a woman who has 29 acres is looking forward to reducing her taxes with the open space incentives. This past week has a man who owns 130 acres looking to reduce his taxes this way also. How many more people are looking to do the same? What about those who say open space will increase the value of your home and the taxes you pay (a la Larchmont in Westchester County)? And the math is very simple. When these folks' tax bills decrease, my tax bill increases. So the short term, small tax increase could be a significant long term, large tax increase. And I guess the question I'm asking is how much more do you want me to pay so you can pay less?

Is there an alternative? If the proposed bond were to help buy development rights from the current farmers, I would be for it, since they already have the agricultural exemptions (but this assumes that the farmers would want to sell their rights; they need to decide that themselves). What I'm not willing to do is to pay more taxes so someone can maintain their 130-acre spread at a reduced rate.

For those who would like to contribute to the open space in Gardiner, there is something you can do today. Go to your lawyer and have a covenant/deed restriction added to the deed for your land. You can structure it any way you like so that the space remains open for future generations. I don't know if it will give you a tax break, but you will have the satisfaction of preserving open space. And if enough like-minded people do that, you may have your open space without more government.

I'm not against open space, but I would also like to see tax increases minimized. The folks who put together the open space plan have done a lot of work so far, but I do not believe it is in the best interest of the Town of Gardiner to adopt it as written, nor for the citizens to rush to approve the bond.

The Strategic Action Plan states "an aggressive program is recommended for the town" and "should be pursued immediately". I suggest proceeding at a slower pace, to understand the real costs involved, and to get a better handle on how this new level of bureaucracy would interact with the Town Board, the Planning Board, and the Zoning Board.

This is not just about open space, it's about a adding a significant layer of local government, with a price tag that has yet to be determined.

Rich Koenig

Gardiner

 

Trails and Tribulations of Private Property?
 
 

 

In an August 24th edition of the New Paltz Times, an article by Zhemyna Jurate appeared in the Almanac section.  It was about a 360 mile hiking called “Long Trail”, part of the NH/NJTrail Conference “through hikers” treks.  It starts at the George Washington Bridge and goes clear through to the John Boyd Thacher State Park in Albany.  It seems that a hiker can earn a patch for making it the entire distance.

 The author was reminiscing about a decade old trek through the Minnewaska part of the trail, and at the time, the ranger who was leading the hikers came to a stop and declared  "That's Palmaghatt Falls. It's quite spectacular, but we can't go any closer, because it's on private land and it's posted," the ranger informed our party. "There's no way you can get to see it from underneath, either, because the landowner doesn't take kindly to trespassers. He patrols the paths with his dogs and chases hikers off the land."  The author and the rest of the party were stymied because someone other than themselves had the temerity to own this land, and not allow tresspassers on it!

 Of course, the author and other hikers are now jubilant that the private land has passed into state hands, and they are chomping at the bit to get to hike it and make it their own.  However, as M. Jurate points out   “…Eventually this annoying loop crosses onto Sam's Point Preserve and hooks up with the High Point trail across the Badlands. By the time you finally get your hard-earned view of Verkeerderkill Falls, you'll be regretting that your hiking party didn't leave a second car at Sam's Point and you now have to hoof it all the way back along those ankle-twisting trails to the Awosting or Lake Minnewaska parking lot.”  It seems that the State of New York is not acting quickly enough to make this trek more hospitable for them.

 And, even though John Bradley has been taken care of and this land is now in their possession, the hikers still don’t seem satisfied, as there are still private property owners who have not given in to the pressure of the state or other land trust.  In the article, he says “This missing link isn’t the only gap in the Long Path; according to the website, there are several other places where private landowners are making it difficult for determined walkers to earn the patch awarded by NY/NJTC to “through-hikers” who succeed in traversing the entire 326-mile route from the George Washington Bridge to Albany’s John Boyd Thacher State Park. Nevertheless, it’s a journey worth the attempt, deliberately plotted to pass through most of the Hudson Valley’s ruggedest landmarks.”

 

I guess those pesky private landowners shouldn’t stand in the way of a hiking badge, just because our constitution says it’s their right and due.

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OPEN SPACE PLANNING by Marion Kells

 

      The Open Space Committee held a joint meeting with the Town Board, some members of the Planning Board and the Zoning Advisory Committee on June 19. The meeting was open to the public. Consultant John Behan and his assistant gave a presentation updating those present on the progress of the open space study.

      The town of Gardiner has been studied focusing on several different areas of conservation:  aquifers, farmland, historical importance, streams, cultural, wetlands, wildlife habitat, to name some of them. Overlay maps of each of these areas of conservation have been prepared and placed on top of each other, leaving a small part of Gardiner which will be deemed suitable for development.  It is clear that almost all property in the town will fall into one or more of the conservation areas.

      What does this mean to Gardiner property owners?

      The Open Space Committee hopes to finalize the “plan” and have a public hearing in September. Then they hope to have the proposition on the ballot at the November election. (there will be a gubernatorial election this fall). Mr. Behan stated that the proposition, if passed, would have the strength of law. And, of course, the new zoning laws, presently being worked out by yet another consultant and the Zoning Advisory Committee, will be written to mesh with the Open Space [Law].

      At this meeting, I brought up the fact that there are hundreds of people in Gardiner who do not even know that such a “plan” is in the works. And that few had a hand in making the “plan”. Further, I wondered how all property owners in Gardiner will be made aware of the “plan” before it goes before the voters in November. I was assured that there has been ample opportunity for input from the public. The meetings have been posted on the town website, and announcements have appeared in the newspaper. And there will be a public hearing. The implication being that those not up to snuff on the “plan” have only themselves to blame. But you can be sure that the illuminati will have a 100% turnout. 

      Another attendee at the meeting asked if there is a document available laying out the complete “plan” in readable format. She was told that there is not as yet anything ready for the public to see. Sometime, it will be posted on the Gardiner website downloadable for all those having the equipment.

      It cannot be stressed too strongly that these sweeping changes being made in how we live in Gardiner, and in the rights we have in our property are matters for deep concern.

 

_____________________________________________________________________

WHAT'S YOUR PROPERTY WORTH?

Landowner's rights in Gardiner are quickly and quietly being stripped away from under their very noses. Currently Gardiner enjoys close to 20 percent of the town as permanently protected open space.

Nonetheless, recent changes to Gardiner's zoning laws will guarantee that from each four-plus lot subdivision the town will benefit from a whopping 50 percent or more of open space in the AR80 district and an astounding 80 percent or more of open space in the SP districts. But that's not enough. The recent draft version of Gardiner's new Open Space Plan designates much of the remaining privately owned land as a priority conservation area and "recommends" that new development not occur in this immense area of 13,000-plus acres. The Open Space Plan disguises itself as an entirely voluntary program, yet if you look closely at the plan's agenda and its proposed sources of funding, you'll soon discover that its broad-reaching power to regulate land-use and the enormous cost will not be optional once approved. The Open Space Plan states that "existing zoning and land-use regulations will not likely support the goals of this plan" (page 56) and therefore the Open Space Plan intends to "work with town planning and zoning boards to ensure that new development is achieving the goals of this plan" (page 55). Translation: Gardiner landowners will face even stricter and more stringent rules for land use than currently exist. The end result, a property that may have development value today will only have conservation value tomorrow. Hence, once the Open Space Plan is in force, the bygone value will have effectively been stripped away. Subsequently, a "willing" landowner may have the option to sell or transfer their once viable development rights to the town at a fraction of the land's previous value. If that's not confiscatory, then I don't know what is.

So how does the town propose to pay for these distressed lands? If you guessed by raising your taxes, then you guessed correctly. The first round of tax increases are disguised as a $50 annual boost to your current tax bill for the next 20 years. That may be true if your home's current assessed value is less than $260,000, but if not, your share could be substantially larger. Additionally, the initial tax increase would only grant the town a guarantee of $1.5 million of buying power. It will likely be a short time before those dollars are expended and they'll be asking you for more. The desire to keep space open in perpetuity is a wonderful idea, but you must first ask yourself, who is going to pay the piper?

I ask all my fellow Gardiner taxpayers to review the Open Space Plan for yourselves and I recommend a NO vote for the open space bond which will be on this November's election ballot.

A Concerned Gardiner Resident, Taxpayer, and Property Owner

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Bonding for $$$$$$
by Pam O'Dell

 

The Town Board meeting of April 4, 2006 took up a lot of very important matters. One that stands out was the presentation by Lewis Eisenberg relating to the way Open Space will be funded. It is quite obvious that Mr. Eisenberg’s Commission (Environmental Conservation Commission), echoing the trend of the administration, intends to issue a bond for purchase of Open Space.  Of course issuing bonds is the same as borrowing money, the interest on which the taxpayers of Gardiner will be responsible.

 

The Trust for Public Land, an environmental group intent on keeping as much land as possible undeveloped, has a program implementing their ideal. They will conduct a telephone survey of about 200 Gardiner residents to determine their attitude toward Open Space and the manner in which it is acquired. Mr. Eisenberg said for example, a question asking if increased taxes would be acceptable would be asked.   Mr. Eisenberg was asking the Town Board to put their “seal of approval” on the survey to be conducted by the Trust, of course which they did.  It is interesting to note that Councilman Bialecki, when a question was asked about who would be called to answer the survey, laughingly said ‘the highest income earners in Gardiner’.  He then made an aside comment to reporter Anne Pyburn to ‘not print that’. 

 

More property taxes at a time some are conducting rallies against high property taxes would seem a no-brainer to the poor property taxpayer.

 

The questionnaire used in the telephone survey, and the list of persons surveyed should be made available so that the slant, if any, of the questions and the possible selectivity of those questioned will be clear.   Much is constantly made of the infamous Master Plan survey that helped spawn that current document, but the results were undocumented, unscientific, and unreliable.  Of the 2,300 surveys sent out to Households, there were 851 (37%) responses, but of these, 27% were not even residents of Gardiner.   Indeed, responders from the town (or outside the town?) said that they wanted to Protect Scenic Vistas, but 53% did not want to pay more in taxes to do so.  Of the respondents who said they wanted to see open space protected, 59% did not want to pay more in taxes to do so.   So, why would we expect, with our taxes even higher than ever, that taxpayers would all of a sudden have changed their minds?

 



Quote:








"...........the theory of the Communists may be summed up in the single sentence:  Abolition of private property."
 
Chapter 2, Communist Manifesto by Karl Marx and Frederich Engels






A dear friend and fellow property rights champion, Marion Kells, asked me to post this. Let it be a reminder that we must never let the foundations of our freedoms slip away, even if they are disguised as being for "our own good"....especially then!

_____________________________________________________________________
Letter to the Editors; 8/20/06


Dear Editor:

I'd like to thank the New Paltz Times for the coverage that they gave to our newly formed property rights group, GRIP. I'd especially like to thank photographer Lauren Thomas for digitally capturing the core members of the group. I had invited reporter Anne Pyburn to meet with various GRIP members to get diverse points of view for the article, but she declined. Instead, the interview was held over the phone by way of being a "chat". I thank Anne for accurately summarizing my views, but I would like to point out that the quotes given in the article were not my words verbatim. Also, I gave my opinion that Behan Associates had a vested interest in having the proposed open space plan adopted because of the additional business it could bring them from Gardiner. Anne followed my statement with a bracketed addition of her own that pointed out that the plan called for a volunteer advisory board implying that my information was incorrect. I would like to clarify that although the Open Space Plan does call for the formation of a Conservation Advisory Committee to determine what projects get funded, page 55 of the draft plan also recommends that the town "Increase Organization capacity for the Land Conservation Program by hiring a Full-Time Program Manager or contracting for services with consultant planners.". This is in addition to the appointed committee, and would be funded by taxpayers. The document then spells out in detail the duties that this Program Manager or Consultant Planner would perform.

As for Behan's presentation given to the town of the draft Open Space I want to make my view of their role clear. Behan Associates was hired by the town for a fee of $51,000 to create an Open Space Plan. The town of Gardiner is a client of theirs. The "presentation" given to the town is in effect a sales pitch by them, as it recommends many of the additional services and programs than Behan provides (GIS Mapping, Master Plans, Economic Feasibility Studies, Design Guidelines, Land Acquisition Implementation Services, etc.) Behan has an interest in Gardiner adopting the Plan as it would provide them with an opportunity to sell additional products and services to the town for a profit. There is absolutely nothing wrong with this process or Behan Associates, as I'm sure that they are excellent at what they do. However, they are not promoting open space planning in Gardiner (or Marbletown, or New Paltz, or any of our other neighboring towns where they are currently or recently hired) for altruistic or philanthropic purposes. Simply, it is their business and open space planning is their product line, and that's how John Behan and his associates make a living. If Gardiner were to adopt the current draft plan, it would create a basis for many future taxpayer funded programs, and Behan Associates or some other planning consultant would be able to retire happily from the proceeds.

Each and every property owner and taxpayer should read the draft Open Space Plan for themselves and not rely on biased interpretation. Think about the huge spending commitment it would take by taxpayers to fund it. Mostly, don't believe everything you read in the papers, or presented at Town Hall. If you are interested in the taxpayer point of view on this and other property rights issues that are now affecting Gardiner, I invite you to www.gripnow.net, and you can make your own decision.

Pam O'Dell
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Woe is Gardiner’ by Marion Kells

 

I attended a Gardiner Planning Board meeting last night. I can’t say how long it had been since I had attended one of these agonizing meetings. And, it was more agonizing by far than the last one I attended.

           What is so obvious is that we have tied ourselves into knots in this town. Overarching the whole proceeding was the sticky governmental intrusion into the minute details of the smallest improvement anyone wants to make on their property.

            There’s the Open Space Law, the present zoning laws, the county restrictions. And you ain’t seen nothin’ yet. There will be new zoning laws to mesh with the Open Space Plan. If you can’t persuade the hapless landowner to protect by one of the ingenious conservation arrangements, you can force him by restrictive zoning. There is more than one way to skin a cat, as we used to say.

            And it isn’t as if we did not have good zoning in this town before all the cognoscenti arrived here, with their utopian (in their minds) dreams of a rural paradise where men would be laboring in the fields and vineyards in overalls and the ladies would be doing homey things in their calicos and sunbonnets. I exaggerate! But, it isn’t far from true. Our present zoning, hanging by a thread waiting for draconian change, prevented the slaughterhouse from being built next to homes. There were sensibilities here before the invasion. We had entered the twenty-first century.

           Once upon a time, the town was run by elected fellow-townsmen (gender neutral), and they did a creditable job of making plans. Now, plans are made for us by an army of outside consultants, with their pre-conceived ideas of how Gardiner should live. Boiler-plate, jargon infused ideas. They never lived here, or knew the people here. They were just paid to come with their “strategies” and fit their plan to another place almost like the last place and the place before that.

           Mike Boylan ran the meeting with good humor, firmness and fairness. He could only go with the laws that control what the board does.

           I had to leave the meeting before it ended, so I was sorry not to have been able to shake the hand of Jim Freiband, who has served for years and years as the dependable Planning Board advisor. It was his last night in that capacity. He who knew almost every blade of grass in Gardiner. The turnover is almost complete.

           Woe is Gardiner!