Stephentown Town Board Action – July

by David Flint
At their meeting on Monday the Stephentown Town Board arranged to hold two public hearings next month, one to discuss purchase of a property on Grange Hall Road and the other to discuss returning Provost Road to two-way traffic.
Grange Hall Road Property Offered For Sale
Town Supervisor Larry Eckhardt said he had been approached by the owner of the property situated between the Town Garage and the Library who said he was moving away and would be selling his property. He wanted to give the Town the opportunity to make a first offer. Eckhardt said he told the owner he thought the Town might be interested. To get public input on this, the Board passed a resolution to hold a public hearing on Monday, August 9, at 6:30 pm prior to the next scheduled Town Board Workshop meeting.
Which Way Provost Road?
The second public hearing, scheduled for Monday, August 16, at 6:30 pm prior to the next regular Town Board meeting, has to do with whether Provost Road should be returned to two-way traffic. The topic came up at the Board meeting in April when it was reported that a number of residents have been asking about the possibility of making the road two-way again. Eckhardt asked for more public input and said the Board would reconsider their action taken back in 2004 to restrict the road to one way traffic. At that time, as a Council Member, Eckhardt voted against it and the Fire Department also expressed some opposition. Now Eckhardt offered a motion to hold the public hearing to further discuss the matter. The motion passed 3-0 with the added votes of PJ Roder and Chris Demick, Mark Prescott being absent and there being one seat vacant.
Transfer Station Review
Roder reported that the Board had met at a workshop meeting with Matt Hurley of ERCSWMA to determine why Stephentown seems to be paying a lot more for the operation of their Transfer Station than other communities using a transfer station and what can be done about it. Roder said the Transfer Station costs the Town close to $150,000 a year to operate. These costs are offset by income from some recyclables but only to the tune of between $70,000 and $80,000.
Hurley will return to the Board at their Workshop meeting in August with more information about what other towns are doing. There will be public discussion thereafter about what changes to make, such as whether the Transfer Station should continue to supply bags and, if so, what to charge for them. One resident asked how much it costs to have the dumpsters hauled away. Told it was $70 per ton but there was also a $170 charge for each transport, he suggested that the Town purchase a compactor to cut down on the number of transports. Eckhardt said this was the exactly the kind of public input he is looking for.
The Board in the meantime decided to pass a resolution to increase the household annual permit fee from $10 to $15, keeping the commercial fee at $25 and continuing to provide permits free to seniors. The cost of bags to residents will stay at $1 each for now.
The Board, as well as some of those attending the meeting,  expressed hesitancy to raising fees too high lest people start dumping on the roadsides. Eckhardt said even now there have been a number of reports of such littering on private property and along roadsides. That, he said, would not be tolerated. He noted that the State Police have reported on a couple of incidents where the culprits were detected from identifying information found in the litter, and they were ticketed.
Power Outages
Eckhardt, noting the destruction up in Petersburgh from the weekend storm and power outages scattered throughout the area, said people should be aware that if they are without power for long periods of time they can call him or any Board Member. They will be able to contact NYSEG to get service restored and also to see that any needed emergency services are provided.
Youth Program
Roder reported that enrollment is down somewhat in this year’s Youth Summer Camp but attendance is up. Those who signed up are attending most every day, an average of 45 youngsters. He said it was a good program, augmented this year with the Tween Program. It will run through August 13. Camp operates at the Stephentown Elementary School from 9 am to 12 pm rain or shine. Swimming lessons are offered from noon to 3 pm. Campers participate in arts & crafts, recreational sports, theme weeks and weekly visits to the Library. The Youth Commission can be contacted at stephentownyouth@aol.com.
Objecting To ZBA Action
Brian Baker expressed his deep dissatisfaction with the recent proceedings of the Zoning Board of Appeals which culminated in the granting of a zoning variance for Howard Commander to use a field in Stephentown adjoining his Lebanon Valley Speedway for Motocross events. Baker said he had no personal view regarding Motocross but he objected to what he characterized as the ZBA’s fundamental unfairness, lack of due process and use of erroneous procedures to accomplish an obviously predetermined decision. The proceedings, he said, “Were so fundamentally unfair and flawed that I can’t see how the Town could sustain any defense of an Article 78 challenge.”
Baker said Town law allows the ZBA, on any member’s motion, to re-hear the decision and, finding it flawed, to amend or annul it. He suggested this would be a potential solution to avert a lawsuit. He was confident that the attorney for the abutting land owners would hold off on bringing Article 78 action if the ZBA were to annul the decision and hand the matter over to the Planning Board. There it could get a complete hearing with people who are thoroughly familiar with the State Environmental Quality Review Act (SEQRA) and with the Town’s own land use regulations and zoning laws.
Eckhardt said he had already had conversations with the Town’s attorney, Craig Crist, about this matter and the Board would take Baker’s comments under advisement. He noted how difficult it was to get volunteers to serve on these boards and then require them to also give up their time to take the necessary training. If the ZBA members were to resign, as Baker had suggested they do, Eckhardt said Brian Baker would be on the “A List” for replacement. Baker said he applauded those who do volunteer but, “That’s the price of democracy. We get the government we deserve.”
Bill Jennings added that as we go forward the roles of entities like the Planning and Zoning Boards become more crucial. “It behooves us to work hard to get good people on these boards. The Zoning and Planning Boards make real decisions that are not reversible by you (the Town Board)…Just asking for resumes is not enough.”
Deposits & Spending
The Town Clerk reported she had turned over the sum of $653.56 to the Supervisor for the month of June. The distribution from the office of the State Comptroller, Justice Court Fund to the Town was $2,288.14.
The Board audited and approved claims in the amount of $18,906.48 from the General Account and $19,388.46 from the Highway Account.
The Board set its next Workshop meeting for Monday, August 9, at 7 pm, preceded by a public hearing at 6:30 pm on purchasing property on Grange Hall Road, and the next regular Town Board meeting for Monday, August 16, at 7 pm, preceded by a public hearing at 6:30 pm regarding Provost Road.