by Judith Radford
When the Grafton Town Board held its regular monthly meeting at 7 pm on Thursday, August 14, it was announced that an email from Tyler Sawyer dated July 31 indicated that he is withdrawing his application for a building permit already issued by the Town of Grafton. Even so many residents spoke during the public comment period requesting that the situation be clarified and the pig farm that Sawyer was planning be blocked. Tyler Sawyer is a recent Grafton Town Supervisor.
Supervisor Allison Kirchner reminded everyone that there is a five minute limit per person. But for this particular occasion, it seemed as though no one paid much attention to the limit.
First to speak was Bernard Horowitz, a resident of Babcock Lake and Secretary of the Babcock Lake Estates. At the start he said that he was speaking as an individual, not as a member of the Estates. The issue pertained to the proposed pig farm being planned on land just 400 feet above the beach on Babcock Lake by Tyler Sawyer. Horowitz said, “The proposed pig farm is a true threat to the health and well being of the lake and its residents.” He went on to say, “I was shocked at the immediate approval of the building permit for this effort without any discussion. I understand the permit has since been withdrawn, but I would like to know Sawyer’s intent. Is it to downsize so as not to require a permit or follow provisions of the Right to Farm Law?” He said, “The greater issue is how do we protect Babcock Lake and other lakes? This issue has brought to the forefront a demonstrated vulnerability of our lakes which are just as precious as our farm lands.” Horowitz went on to talk about it being in the best interests of all property owners to maintain our property values and also increase our attractiveness so as to increase our tax base. He believes the interests of owners and the Town is parallel for these reasons to the Right to Farm Law and there should be an appropriate adjudication method for all Grafton property owners.
Supervisor Kirchner thought the idea of all Lake Associations getting together to discuss this issue was a good one.
Denise Grubsey of Babcock Lake said she realized the Town had attempted zoning and that meetings on zoning had been wild and disrespectful. She said at the time that spot zoning had been considered for watershed protection and wondered what had happened. She said she was looking for guidance from the Board as to what direction they could take. She also said it might be a good idea to pick a Board member to meet with the Lake members. Supervisor Kirchner said it could be a discussion for the next meeting when she would have had time to look at the Town code and also the Right to Farm Law.
Former Supervisor Tyler Sawyer spoke saying he had seen Horowitz’s letter and received lots of communications. He said none of the complaints are consistent with the current Town code. He said, “There is no residential zoning, Town code citation or any other law exempting general farming use.” He said there was confusion about the permit; it was for sheds and outbuildings and there will be no septic. Sawyer said, “I take offense at the insinuation that there was any impropriety in the issuance of the permit. There was no reason not to issue a permit.” Sawyer went on to say that he had received many emails and that “It’s been going on for over thirty days and no one has approached me in person.” He also said, “An alarm has gone out and this is overblown.” He told the crowd he has no intention of having a lot of pigs, just a few, as his parents did before him.
Linda Porter said the residents want to work with the Town on this issue. She stated there are over a dozen lakes in the area and doesn’t believe any of us want to destroy our population by degrading our lakes.
Sawyer said he had met with the Babcock Lake Board and said if this was hazardous, there would already be laws. He said, “This is not a farm; it is raising a few animals for our own use.” He also said there are many failing septic systems on the lake right now! He said he will work with the community. Board Member Fredricks asked if there were going to be a specific number of pigs, 4 or 5.
Jason Sawyer said he is baffled by the issue since there is no zoning in Grafton. Sawyer said he lives in the new Stonybrook subdivision and he plans on “bringing in some animals to my property, too.” Theron O’Dell said that for seven generations “we have had the right to farm” and many would not have eaten if there had been no law. He asked why Babcock Lake hasn’t shored up their own rules.
A Babcock Lake resident said the old rules forbidding livestock had expired years ago and belonging to the association is entirely voluntary but that all residents should be strongly concerned. Efforts are made to raise the level of awareness regarding septic system maintenance. The reason they are coming to the Town is because they are all taxpayers of Grafton and are regulated by the Town and by Rensselaer County. They have already made the Grafton Planning Board aware of the issues.
Theresa Swider, present to discuss the Dunham Road repaving effort, said she would be willing to assist the group as there are many municipal options and specific requirements for any new well and that NYS Department of Environmental Conservation regulates all drilling and protects the public water supply. Since she works in this area, she would be willing to assist in a group effort to resolve the problem.
Bernard Horowitz stood up again and said that the Right to Farm Law also states that agricultural practices shall not be found to be a public nuisance or to endanger public health or safety. Putting a hog farm within 450 feet of a lake and public beach could cause a public health hazard.
Reports
Superintendent of Highways Herbert Hasbrouck reported that the highway department is working on Dunham Road as weather permits. They are also hauling sand in preparation for the winter. Hasbrouck also stated he had met with the Town Engineer and with Scott Holbretter regarding the latest Stonybrook subdivision. They will get back together again. He went on to state that there has been some erosion of the roads due to the weather, and he has put in a notice to FEMA as Grafton may be entitled to some monies.
Tom Withcuskey, Code Enforcement Officer, reported 38 building permits have been issued so far in 2008 with 35 of them being outstanding from 2007. He has also sent letters for permit renewals and to property owners with junk cars. He reported that the building permit issued to Tyler Sawyer for an animal farm has been withdrawn and advised the Town Attorney of this. The matter is now considered a personal matter between Sawyer and the residents of Babcock Lake.
Sharon Lecce of the Grafton Rescue Squad reported there were 13 calls during the month of July, 40.4 volunteer hours were expended and they traveled 177 miles.
Email and verbal communications were received from the Grafton United Methodist Church and St. John Francis Regis Catholic Church thanking the Town for providing Port-a-Potties and garbage pickup for their jointly held summer festival. The email was from Barbara Terpening and the verbal thank you from Sister Kennan.
A letter was received from Ken Bruno, Chairman of the Board of the Hemlock Valley Way Inc., Homeowner’s Association regarding the failure to date of Stonybrook, LLC in their obligation to transfer ownership of recreation and lake access lands as represented when the properties were purchased. The Association is contemplating legal action against Stonybrook to compel them to honor their obligations. Bruno asked that the Town not approve any further subdivisions of Stonybrook until their obligations are met.
A letter was received from Time Warner Corporation informing the Town they have decided not to pursue a television franchise in Grafton.
Email regarding Tyler Sawyer’s building permit were received from Bernard Horowitz, Secretary of the Babcock Lake Estates and Michael Longo, President of the Babcock Lake Estates.
New Truck
There was a discussion regarding the purchase of a new pick-up truck for the Highway Department. According to Hasbrouck, the base price for the new pick-up would be $18,346 and would increase to $27,164 when fully outfitted. Several suggestions were made to buy the plow package locally and, of course, eliminating air conditioning and other add-ons to get closer to the base price. Councilman Fredricks said the bedliner kit could be purchased separately and installed by the Town. Hasbrouck said it wouldn’t be under the warranty if purchased separately. There will be more meetings to discuss this issue and it was tabled for the time being.
Turnout Gear
The issue of purchasing “turnout gear” for the Rescue Squad was discussed. The Squad presented three prices – Garrison’s price was $748. This was the lowest price as the material used is nylon and not puncture resistant nor fire resistant. Also, shipping was not included. Galls’ price was $1,049. This was puncture resistant but not fire resistant and shipping was not included. B-Lann’s price was $1,156. These are both fire and puncture resistant and, since it is a local company, there will be no shipping charges.
Council members asked why the Rescue Squad favored the more expensive gear, and Sharon Lecce responded that the gear is required gear and must follow OSHA guidelines. Neither Garrison nor Galls meet those requirements, but B-Lann does. Lecce said they need a decision soon since there is a September 15 inspection date. She also said no other companies make this gear and in order to use the State bidding process, they would have to order 20 or more sets,. They only need two sets; one is being donated. Kirchner said more discussion is required among the Council members but they will make a decision soon.
Snowmobile Trail
Each year, the Grafton Trailblazers ask for the Town’s support to use a strip of land owned by Nationalgrid, which runs through Grafton, as a snowmobile trail. Prior to granting any authorization, the Town’s approval is required. Thus, the Trailblazers merely ask for an approval and signature of someone representing the Town. Councilman Mike Crandall said this is a very good group, very respectful of residents and he sees no problem with this approval. Councilwoman Messenger asked how are we assured that ATVs and others won’t use the trail. According to Kirchner, the letter from the Trailblazers states that no ATVs or other wheeled vehicles will be allowed on the trail at any time. Upon further discussion, a vote was taken to approve the request.
No Chairman Of Assessors
Supervisor Kirchner asked for Town Board approval of a resolution rescinding an earlier resolution designating the Chairman of the Board of Assessors and leaving that position vacant until further resolution of the Board. A roll call vote was taken and all members voted to approve with the exception of member Barbara Messenger who voted nay. The measure was approved.
A Misunderstanding
David Buckley asked to be heard as a former resident (current resident of Cropseyville). He stated he had submitted a request, hand written, asking for his right under the Freedom of Information Act to have access to the file relating to the sale of his property located on 33 Dyken Pond Road consisting of 2.10 acres. Apparently Buckley had asked for a certificate of occupancy which could not be issued because there is no well or septic on the piece of property. Instead, Town Clerk, Suzanne Putnam, responded to Buckley’s request with a certificate of compliance and also responded to his FOIL request within 3 days. It was hand delivered by Tom Withcuskey as he had an appointment with Buckley that day. When contacted after the Board meeting, Putnam said that the FOIL request was typed, not hand written, as Buckley apparently was angry that the response was “not in writing.” It all just seemed like a misunderstanding, and Buckley’s anger seemed misplaced and confused. The Town of Grafton cannot issue “certificates of occupancy” when the building is not deemed habitable. Buckley kept talking about being in legal jeopardy because the Town didn’t respond to his request for occupancy or properly to his FOIL request.
To Pave Or Not To Pave
Theresa Swider asked to be heard about the decision by the town to resurface Dunham Reservoir Road and discontinue the use of blacktop and pavement. She asked to go on the record that she is against this decision and supports the continued use of blacktop. As the Town Board discussed at previous meetings, blacktop and pavement have become inordinately expensive and the Town budget will not allow. The Town has chosen rather to resurface where needed. Mike Smith, a resident on this road, praised Hasbrouck and the Town crew for the great job they did cleaning out the ditches. He said the road is a maintenance issue rather than repaving. He believes grinding the road up to resurface is the wrong way to go and that the town crews should just patch the road whenever it is necessary and stabilize it. This issue will continue to be discussed over the next few months before the 2009 budget is in place.
The meeting adjourned at 8:35 pm.