G.R.I.P (Gardiner Residents for Individual Property Rights)
Proposed Open Space Plan
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Open Space Committee update - GRIP was at the April Open Space Meeting, and some of the insights there were quite interesting. Firstly, Warren Wiegand, chairman, let it be known that the New Paltz newspaper report declaring that the committee had received 10 applications for open space funding following the Large Landowner meeting was just a tad off the mark.....that in fact the committee had only received one application! Warren had considered contacting the paper to have them make a correction, but instead decided not to, since it gave the townsfolk the impression that there was some legitimate interest in the open space plan funding, when just the opposite was in fact the reality. So much for transparency and truthfulness in our government.

Next, since there was clearly little interest from landowners to participate in the program, particularly the landowners whose property they coveted and mentioned like Wrights, Dressler and Kirnan, Wiegand wondered out loud how the committee could "target" these folks and convince them that the PDR's were the best thing since sliced bread. Committeeman Koenig pointed out that by doing this, it would be in direct opposition to the "voluntary" aspect of the program that the town has been using in their propaganda.

Lastly the committee was given an interesting primer on PDR appraisals from an Orange county based land appraiser who makes his living from doing appraisals for town sponsored PDR's. He cited clearly, just as GRIP has stated all along, that of course when a landowner gives up some of his property rights (development rights), the natural result is that the property appraisal value falls as well. This in fact, is in DIRECT OPPOSITION to what the town board and open space committee chairman have been pushing to the town, which is that values go UP when land cannot be developed. He also stated clearly that complex and restrictive zoning (line Gardiners!) makes land preservation more difficult property less valuable...just as GRIP has been saying all along. So, we know that what the Town Board and Open Space Committee have been touting as fact is just so much cheap lunch meat.

We'll sum up the results of the Open Space Plan and program to date, in Chairman Wiegands own words..."one step forward, two steps back." GRIP is hardly surprised, but gratified to know that we in fact do speak for the majority of the property owners.

The Open Space Committee will hold a town-wide Open Space meeting on Wednesday, May 21 at 7 pm at Town Hall. Since this is strictly a formality to give the impression that they really care about what the property owners want and think, don't expect any representatives from the land trusts like Nature Conservency, Mohonk Preserve or Open Space Institute to be there. They are only interested in the "big fish" not the guppies.

Stay tuned, and we'll keep you informed when we get more.

Hi all GRIP Supporters:

We'd like to report on the Open Space Meeting for the large landowners in Gardiner that took place on Wednesday night. The purpose was to give landowners an update on progress of the Open Space Commission, and to convince any stressed landowners that putting some or all of their land to PDR (Purchase of Development Rights) was the "right' thing to do. The Commission offered applications for landowners to enter in an agreement with the town to sell them their development rights in return for a fixed amount of money, with the money coming from the town (taxpayer) coffers. Our take on the meeting was as follows:

1) the presentation was weak, vague, light on substance, and not substantially new from previously held similar meetings

2) the commission Chairman felt the need to have the entire town board present. (This gathering constituted a quorum and official town meeting, which certainly was not made public in advance) The purpose of their presence seemed to be to field potentially dangerous questions from the landowners, and to "educate" them in the correct way of thinking about Open Space and PDR's.

3) Tough questions from the audience (about taxes, property tax appraisals, etc.) were answered generally in vague, indirect ways by commission chairman Wiegand,,,or they were left to be answered by representatives of the land trusts in presence (OSI, Mohonk Preserve) in vague and indirect ways. The fact that the town kept deferring to the land trusts was disturbing, since these people have no official standing in our town.

Thankfully, commission member Mike Boylen stepped in to set straight some of the fishy or downright wrong answers from Wiegand, town board members, or the land trusts.

We got the impression that the landowners were not any more impressed with the town's handling of the program than in the past. Frankly, with the land trust people sitting in the back of the room, the impression was of vultures eyeballing slowly dying small game. However, the meeting was worthwhile attending if only for Tammy Boylen's fantastic offering of homemade apple betty.

GRIP is all for open space preservation as long as it's not a result of the squeezing property owners through zoning restrictions. Towns should not be in the real estate business, and the taxpayers should not be forced to pay the bill.

On another note, we want to let everyone know that there are openings in the townfor spots on the ECC (Environmental Conservation Commission, the Open Space Commission (2 openings) and most recently the Planning Board (a term expiration). One way to be able to control the loss of our property rights is to be involved in making the decision that affect them. The current boards and commissions are now stackedin favor of those who would like to see restrictions on every aspect of our lives and property. But we need to have people who believe in fewer restrictions on our property rights get onto those boards. We encourage all of you to consider applying for any of these openings. Even if you feel that there's little chance of getting appointed, it forces the current town board to show their hand by choosing against property rights.

And, now that the ink is barely dry on the restrictive zoning, there's more to follow. We just got the agenda for the upcoming Tuesday town Board meeting...and there's the new "Wetlands" law (shades of New Paltz) on the agenda for discussion. We're sure that whatever they have in mind will require tens of thousands of dollars of consultant money. It seems that there is no end to the ways that our town board can find to spend our money and deny our rights.

That's it for now. We'll keep you posted on anything new on the propertyrights front!



3/15/08 Added

The Open Space Commission has been meeting since last year when the Open space law was passed by the town board. GRIP has been attending and monitoring these meetings since then. We can report that the commission has decided to hold a large landowners' meeting on Wednesday, March 26 at the Town Hall Meeting room.



Invitations were sent out to landholders of 50+ acres, (excluding the state). In addition there were invitations issued to outside land trust groups such as Mohonk Preserve, Nature Conservency, Wallkill Valley Land Trust, and others. These land trusts plot with the town to find landowners who may be strapped for funds because of taxes, and who are unable to fully get the value from their properties because of restrictive zoning. They then conspire with the town to take control of the development rights....with the "trust" holding the land use rights, and the town government supplying the funding.



This meeting is, as commission chairman Warren Wiegand puts it, the "pitch" to try and get landowners to give up their development rights. The meeting is required to be open by law, and residents of Gardiner should feel welcome to attend and hear what is being done by the commission.

GRIP NOTES! GRIP has just sent a letter our to property owners of 25 acres or more in the town of Gardiner. The purpose is to educate you about the possible pitfalls of entering into conservation easements. With the letter, we sent some information from Property Rights Foundation of America

Letter to Landowners

OPEN SPACE PLAN - FAQ'S

Nature best left unplanned!
Waterfalls


How much more does the Open Space Plan protect Gardiner’s open space?


 


 


Gardiner is already protected against “sprawl” and massive development.  In addition to the already permanently protected open space covering about 25% of the towns area, a recently enacted Open Space Zoning Law restricts sizes of developments, and ensures that at least 50% (and up to 80% on the ridge) of all new building projects land goes into permanent open space protection.  Additionally, all new projects must undergo SEQRA review, have extensive and expensive Conservation Analysis’ performed, and pass strict town Planning Board review.


 


In addition, we have the following layers of restrictive “protection” in place:



  • County and State Building and Health Codes for sanitation and water

  • SEQR reviews on major projects (over 3 homes)

  • NYS DEC Environmental Conservation Law – Title 6 – Official Compilation of Codes, which includes laws protecting Fish & Wildlife; Land & Forest; Air Resources; Water Resources; Endangered & Threatened Species; Protected Wildlife, Mining, Oil and Gas. 

  • Protected Native Plants Program of 1989

  • NYState Recreational Rivers Act of 1982 (Shawangunkill/Wallkill Confluence)

  • Various Environmental codes under the Code of Federal Regulations 50 CFR 17.11

  • State and Federal Wetlands protection

  • Etc.

Having the town purchase development rights is not needed and not necessary to protect open space.


 


Can people just do anything they want on their property?


 


Hardly, and anyone saying so is woefully misinformed.  Gardiner currently has some of the most restrictive zoning laws of any town in the area, and New York State Environmental Laws are very all encompassing.  Many uses of private property are already severely restricted, forcing landowners to sue for their right to use their land in an otherwise lawful way.


 


Will the Open Space Plan increase the size of Gardiner Government?


 


Recommendations in the Open Space Plan call for immediate, extensive and expensive growth in Gardiner’s government.   Specifically, the plan calls for:



  • Creating a local land conservation program that will “require substantial effort and resources from the town, including long-term dedicated professional staff/consultant support” (page 53 of Plan)

  • Provide local funding, and all of the staff and administrative support needed to oversee the spending

  • Create a Gardiner Agricultural Advisory Committee,

  • Increase Organizational capacity for land conservation program by hiring a Full-time program manager, or contracting for services with consultant planners.  (page 55 of plan)  This alone could add $75,000 or more to Gardiner’s annual expenditure.

  • Additional projects that will cost hundreds of thousands of dollars in consulting fees, including but not limited to “Fiscal Analysis” ; GEIS Impact Statement;  Master Plan for Trails, Greenways and Access Areas; Build out Analysis; Blueways Trail Plan….etc, etc, etc.

 


Enacting these programs will take vast amounts of time, money and other town resources.


 


How much will adopting the Open Space Plan cost taxpayers?


 


All of the programs above call for expensive consulting services, which are also conveniently provided by the writers of the Open Space Plan.  They are designed to create a never-ending source of revenue generating opportunities for the consultants.   Bonding and other funding “options” called for in the plan will mortgage Gardiner taxpayers and their children and grandchildren for decades to come. 


 


None of these costs are spelled out anywhere for taxpayers, and it’s almost impossible to put a number to it.  The adoption of this Open Space Plan could lay the foundations for years of fiscal hardship on every single taxpayer in Gardiner.  Of course, this plan will not financially impact exempt landowners like Mohonk Preserve, or non-residents who will get much of the benefit without having to pay the bill.

 

At what point will citizens experience the tax impact of Open Space Planning?

 

You are spending tax dollars on Open Space Planning NOW.  Just in 2005/2006 alone, Gardiner residents were taxed for $51,000 in consulting fees by Behan Planning Associates.  Our bills for zoning change consulting fees from Joel Russell for 2005-2006 are almost $25,000. We are experiencing tax revenue loss from the sale of Awosting Rreserve from private ownership to state ownership.  Unlike the hypothetical numbers from American Farmland Trust, these are actual tax dollars spent by the town and actual tax revenues lost by the town.

 

How much open space is enough?

 

Currently, about 20% of Gardiner’s 25,000 acres is permanently protected as parkland or open space.  The OS Plan targets another 45% of Gardiner’s land mass, making the target 65% or more.  The largest landholders, Mohonk Preserve, Watchtower Farms and New York State pay little or no taxes in Gardiner or to our school districts, leaving the rest of the property owners to support them.

 

Will the OS Plan protect Gardiner from development in Awosting Preserve or Minnewaska State Park? 

 

No.  New York State (or the Federal Government) is not subject to environmental laws or reviews.  For example, plans are currently underway to create a car or bus parking area and entrance to the park at the top of Aumick Road allowing for unprecedented foot and vehicle access on previously undisturbed ridge areas.  This new traffic will add wear and tear to current town roads that are listed as scenic secondary byways.  Basically, the State can build what they want, where they want, and even where taxpayers can’t.

 

What development pressure is Gardiner under now?

 

Gardiner was in a development moratorium for about a year while new, stricter zoning regulations were enacted both for ARR 200 zone, and town wide for major developments.  There is currently a 9 month moratorium in place for major developments in AR80 as well.  Other than in generalities, the Open Space Plan does not give any data or evidence of massive development pressure on Gardiner.  In fact, most pressure has been on landowners by the town threatening with even stricter zoning laws to come.    Some landowners feel that if they don’t put their properties into conservation easements, they will not be allowed any other uses under the law.

 

The plan mentions the land trusts.  What role do they play in Gardiner’s OSP?

 

The land trusts and environmental grass roots organizations* have a symbiotic relationship with the town and other government entities.  Town governments (including committees such as the ECC and the Open Space Committee in Gardiner) are subject to FOIL laws and other public scrutiny.  They sometimes move slowly and have to act in accordance with laws, such as having to bid projects over a certain dollar amount, hold public hearings, mandatory referendums, and other requirements.  However, they are able to raise a lot of capital through taxation and fees.

 

Land Trusts and other non-profits are not subject to public scrutiny or many of the “sunshine” laws.  They can be as open or secretive as they want to when it comes to land dealings.  Often, they can move to close opportunistic deals in behind-the-scenes negotiations.  However, they do not always have the ready money to fund their projects. 

 

Governments and land trusts can benefit each other by providing something the other can’t – ready-made land deals on the part of the land trusts, and money on the part of the government.  The landowners and taxpayers are left with the results of these collaborations…usually in increased taxes and restrictions on land uses.

 

*The Shawangunk Ridge Biodiversity Coalition is frequently mentioned in area Open Space Planning.  It is an “alliance” of like-minded groups coming together under one name, similar to a corporate shell.  Their goal is to bring as much land as possible under their control, regardless of private ownership, in the name of “protection”.   The member list at www.shawangunkridge.org) reads much like the contributors of input into Gardiner’s Open Space Plan. The list can be found at www.shawangunk.org.

What happens if the Town adopts the Open Space Plan?

 

Much is being made of the voluntary nature of recommendations in the Open Space Plan.  Landowner participation in any town funded projects would certainly be voluntary on their part…no one is forcing them to take tax money and put restrictions on their land.  However, the “funding” part would not be an option for town taxpayers.   

 

If the plan is adopted, it will become the blueprint for Gardiner Town Board to enlarge government, increase programs and taxes, and enact additional restrictions on property owners in the name of “conservation”.  It gives the government the “green light” to regulate the usage of private property, even more than it is now.  It will only take town board approval to add potentially hundreds of thousands of dollars to the town expenditures.

Can Gardiner continue to keep open spaces without the “plan”?

 

Tax increases are one of the main reasons that large (and small) landowners feel pressure to sell off or develop their land.  The OSP proposals mostly recommend programs that will increase taxes, even if some grant money can be found.  The best way to allow land owners to keep their land is to keep government costs down and taxes low.  Current zoning has done a good job of keeping Gardiner from becoming overdeveloped, and can continue to do so.

 

Property owners who choose to sell their development rights can do so today without the need of a formal town plan.    People who choose to contribute to “open space” can donate either their lands or money, on a voluntary basis, to one of many land trusts or preserves, and take tax advantages.  None of these need the open space plan adoption by the town.

Open Space Plan

The Open Space Plan was adopted at the 1/9 town board meeting, to our chagrin. However, this was expected to happen....all of the public input and hearings were mere formality. This plan is not a law in itself, but it does give the town a legal footing to pass future restrictive zoning laws, and borrow money for open space programs. There were no reviews at all regarding the potential loss in economic value to private property owners as a result of this document and the laws it will spawn. We are disappointed, but will continue to fight for private property rights afforded to us under the constitution.

Click here to go to Town of Gardiner Website and download or read the entire Open Space Plan...

Land Trust Vested Interests

This week and last, the New Paltz Times features letters in the "Feedback" section from several land trusts and powerful environmental organizations. One is the Nature Conservancy, the worlds richest environmental organization, with over $3.3 billion in assets, 3,200 employees, 1,000,000 members, and operations in over 500 offices in very state and in thirty countries. According to Bonner Cohen's newest book "The Green Wave", the Conservency manages seven million acres of land, of which it owns two million outright. Much of the land is held in 1,400 nature preserves, "the world's largest private sanctuary system. In recent years, the Conservancy has been uncovered by articles in the Washington Post and seen having longstanding pattens of mismanagement and abuse. He goes on to say that the Conervancy repeatedly bought scenic properties, added development restrictions known as "conservation easements," and then resold the land at reduced prices to conservancy trustees and doners. Buyers, some of whom were permitted under the easements to build homes on the property, then gave the Conservancy cash donations at roughly the amount of the discount. The donations were eligible for substantial federal income tax deductions. To the Conservancy, these transactions were known as "conservation buyer" deals. And, journalist Warren Brookes once observed that so-called land trusts like the Nature Conservancy were "rapidly becomming nothing more than government advance men and land agents, agressively purchasing private property not to preserve, but simply to resell to agencies with who it develops symbiotic relationships.

In this weeks paper, there was also a letter from the field agent for the Saratoga based American Farmland Trust urging Gardiner residents (and New Paltz and Marbletown) to Vote yes on the upcoming bond referendums on November 7th. The American Farmland Trust has little to do with farmland, and nothing to do with trust, but the name evokes a trustworthy and official institution. However, they are pushing financial analysis numbers about open space conservations that are patently false in terms of our town, but they fail to make this distinction clear to the residents. In fact, the "trust" is in the business of preparing many of the studies and "mapping" and research for towns for a fee, and is in line to become a conusultant for Gardiner and other towns as soon as the money from our taxes is made available to them. We will be clients on their list of funding sources.

Why, you might ask, are land trusts such as these taking so much interest in our little towns and our land usage laws? Well, they are hovering, ready to pick up the reins the minute a bond is approved, or an open space plan is in place. They have vested interests, financial and power interests, in seeing the taxpayers of Gardiner borrow money to fund open space programs.

And, Gardiner is not special, we are just one in a long list of small rural towns that have placed officials and enacted measures to help pass on the control of our properties to them. There's money to be made in "preserving the land" for the power-elite, and they are looking at Gardiner as their 'bank". The rest of us are just pawns to be used and discarded at will. So when you hear these NGO's (non-government organizations) remember that they stand to reap financially gains from our "conservation and preservation" of lands.