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1 ----------------------------------------------------- In the Matter of a Public Hearing held in the Matter of: Draft of Revised Town of Chatham Zoning Law ----------------------------------------------------- HELD AT : Tri-Village Fire Company 111 County Route 13 Old Chatham, New York 12136 August 2, 2018 BEFORE : TOWN OF CHATHAM TOWN BOARD MEMBERS: MARIA LULL, Supervisor ROBERT BALCOM, Deputy Supervisor JOHN WAPNER, Councilman LANDRA HABER, Councilwoman KEVIN WELDON, Councilman BETH ANNE RIPPEL, Town Clerk ALSO PRESENT: JOHN LYONS, ESQ. Town Attorney NAN STOLZENBURG, AICP CEP Principal Planner 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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Page 1: 1 2 - Chatham Board Minu… · people that Chatham seems to generate. And please, if you feel that someone has said the same comments that you did, maybe say it in a little different

1

-----------------------------------------------------

In the Matter of a Public Hearing held in

the Matter of: Draft of Revised

Town of Chatham Zoning Law

-----------------------------------------------------

HELD AT: Tri-Village Fire Company 111 County Route 13 Old Chatham, New York 12136 August 2, 2018

BEFORE:

TOWN OF CHATHAM TOWN BOARD MEMBERS:

MARIA LULL, Supervisor

ROBERT BALCOM, Deputy Supervisor

JOHN WAPNER, Councilman

LANDRA HABER, Councilwoman

KEVIN WELDON, Councilman

BETH ANNE RIPPEL, Town Clerk

ALSO PRESENT:

JOHN LYONS, ESQ. Town Attorney

NAN STOLZENBURG, AICP CEP Principal Planner

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2SPEAKERS PAGE

SUPERVISOR LULL 3, 11

NAN STOLZENBURG 5

AVA HORST 12

JORY J. EMDE 13

KAREN MURPHY 15

MITCHELL KHOSROVA 19

VAN CALHOUN 26

RANDI WALKER 28

WENDY P. CARROLL 31

CINDY BOBSEINE 36

BOB LINVILLE 40

DONAL COLLINS 43

LINDA ZISKIND 45

HILARY CORSUN 49

HEATHER UHLER 50

ADELE BUENO 52

JEAN ROHDE 53

SCOTT STOCKMAN 54

ELIZABETH MARKS 56

RIC WERWAISS 60

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(OPENING REMARKS - SUPERVISOR LULL)

PUBLIC FORUM - 6:00 P.M.:

SUPERVISOR LULL: Please stand.

(WHEREUPON, THE PLEDGE OF ALLEGIANCE

WAS RECITED.)

SUPERVISOR LULL: Good evening, ladies

and gentlemen. If you plan to speak before

the Town Board this evening and you haven't

signed up with Beth Anne, please do so now.

We will be taking the public comments in the

order that they are signed up.

Before I open the Public Hearing, I

want to review the order of the meeting this

evening. The purpose of this Public Hearing

is to give community members the opportunity

to speak to the Town Board, and to offer their

comments on the draft proposed Zoning Law.

The Zoning Law has been on the town website

and also has been available with the Town

Clerk in the Town Clerk's Office.

The Town Board will listen carefully

to all of your comments and consider them

during our further deliberations.

As I mentioned, please sign in if you

plan to speak.

Wait to be called. We are going to

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(OPENING REMARKS - SUPERVISOR LULL)

give each speaker at least a minimum of five

minutes. If you need a little more time,

that's fine. We want to hear your thoughts

and we are open to everyone's consideration.

When you come up to the podium, please

introduce yourself. We have a stenographer

here, and she will be taking notes for the

official record of this Public Hearing.

Please speak clearly for her because

there is no amplification in the room and we

want everybody to hear what you have to say.

Please be courteous. I have been told

by our town council that we have a very

courteous populous as far as our Town Board's

meetings, and I think that's because -- the

people that Chatham seems to generate.

And please, if you feel that someone

has said the same comments that you did, maybe

say it in a little different way, but don't

repeat the same thing over and over again.

If you do not feel that you want to

speak tonight, we are still taking emails,

letters, any type of documentation which we

will consider in our -- the Town Board will

consider in our next meeting. So, please feel

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(OPENING REMARKS - SUPERVISOR LULL)

free to continue to send your comments in.

And if you have neighbors that say: Oh, I

wish I would have come last night. Please

pass that along to them as well.

So, I'd like to first introduce our

Town Board. We have Councilwoman Landra

Haber, Councilman Kevin Weldon, Councilman

John Wapner, Deputy Supervisor Bob Balcom.

And I would like to introduce our town

planner, Nan Stolzenburg, and our town

attorney, John Lyons. And our stenographer is

Theresa Vining.

So, I think that we will start with

Nan giving a little background on this whole

planning, Comprehensive Plan, the ZIC

Committee, the Advisory Committee; and then

after Nan is finished with her presentation, I

will open the Public Hearing for comments.

So, Nan, would you, please.

MS. STOLZENBURG: Sure.

So, I just want to take a couple

minutes just to get everyone, kind of, on the

same way of length where we are at getting

here. The process for this really started in

2009 when the Town Comprehensive Plan was

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(NAN STOLZENBURG)

adopted, and that was after a multi-year

effort to develop the plan and work with the

community to get that adopted.

After 2009, the Town Board had a

Zoning Implementation Committee that was

organized that was made up of several members

of the community, and they worked for quite a

while on taking the recommendations that were

in the Comprehensive Plan that relate to

zoning issues, and worked to do an updated

version of the zoning at that time. And they

completed that work in 2015.

At that time the Town Board asked me

to reengage with the community and review the

Zoning Implementation Committee's draft of the

zoning, compare it to the Comprehensive Plan

and what the Comprehensive Plan's direction

and policy guidance were related to zoning ;

and make recommendations as to what has been

accomplished, what has not been accomplished ,

and what other things still needed to be

addressed to imminent the Comprehensive Plan.

So, the zoning work is really to implement the

policy direction established in the

Comprehensive Plan back when it was adopted in

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(NAN STOLZENBURG)

2009.

The Town Board had a second

Comprehensive Plan Implementation Advisory

Committee that worked diligently from 2016

through until recently, and they went through

all of the Zoning Implementation Committee --

the first committee's work, accepted most of

that -- so we are really building each step as

we have gone along; but the ZIC work didn't

incorporated all of the things that were in

the Comprehensive Plan.

So, the second committee, kind of,

took from where the ZIC group had ended.

There were a few changes that were recommended

to be made; and, kind of, methodically worked

through section by section of the

Comprehensive Plan and the zoning to try and

mesh the two so that the zoning implements the

Comprehensive Plan.

In June or July of last year was, kind

of, the first opportunity globally for the

committee to have submitted the draft to the

Town Board to start getting feedback on what

the Town Board felt about where the committee

had been. So, since, in the last year, what

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(NAN STOLZENBURG)

has happened is the Town Board has been

reviewing it, the Comprehensive Plan

Implementation Group worked on -- we had

originally split it up into phrase one changes

and phase two changes -- they kind of got

melded together which has resulted in the

draft of the changes that you have before you

to be considered by the Town Board today.

So it's been multi-years in the

process, lots of committee work, lots of

consideration, lots of meetings on the Town

Board -- I think the Town Board has been

discussing these things twice a month for many

months now to get to it to the point where

it's ready for public comment.

So, the purpose of why we're -- I have

gone through this whole process, as I

mentioned, overall, is to make the land use

regulations consistent with the Comprehensive

Plan. The zoning is one piece of that.

We are going to be, shortly, starting

work on the subdivision law, which is the

other piece of the land use regulations in

town. That has -- needs to come along a

little bit more -- so that will be coming down

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(NAN STOLZENBURG)

the road. But the main things that we really

needed to address, is, we want the zoning to

be clear. Vague zoning laws are not really

good zoning laws for the town, or the

Applicant or the Planning Board, so we wanted

to make sure we had clear definitions, lots of

definitions to make sure everybody was on the

same wave length of what the terms that are in

the zoning law mean.

We want to make sure that we have

spelled out the standards that you, as a

community, expect development to have. Again,

we wanted to try to get rid of vagueness. We

want to give the Planning Board flexibility

where there should be flexibility, and where

there are things that are more absolute that

are based in the goals that the community want

to promote -- we articulate those.

Another thing that this zoning draft

does, is, we have brought all of the

procedures up to be consistent with the

procedures of State Town Law; so, the time

frames, when we have a hearing, when the

notices are done, how the decisions are made

are all -- for the Zoning Board of Appeals,

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(NAN STOLZENBURG)

the Planning Board for site plan review,

special permits -- we have updated all of

those so that we are consistent with the

process that's established by state law.

We wanted to give the right tools to

the Planning Board and the ZBA, so they can

ask the right questions, know how to review,

know what to review, and what the criteria are

when they're reviewing a project. So, we want

to make sure -- so that one of the other

reasons for the zoning update was to give this

toolbox for the groups who are administering

the law on behalf of the town to work with;

and we want to make sure that the

administration of these things are clear , that

we have the right enforcement sections so that

it becomes an efficient process.

The Comprehensive Plan was not

anti-growth by any means; but it was, let's

make sure we do it right, we do it

efficiently, we do it fairly, we treat

everybody fairly in their applications, and

that's what we tried to do by standardizing

the procedures and the language.

We also had tried to address some

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(NAN STOLZENBURG)

newer issues that have developed over the last

few years since the plan was developed -- I

call them the hot button items -- things that

a few years ago, like solar was not really an

issue like it is these days. There's a whole

series of topics that have arisen in

importance and in consciousness in the town of

things that are land use issues that need to

be addressed.

So, globally, those are the broad

changes of what we are trying to accomplish

with this draft, and I think one of the

handouts that you had was a little sheet that,

kind of, highlighted in more detail some of

those changes. So, that's a little

background.

And I'll hand it back to Maria.

SUPERVISOR LULL: John, do you want to

say anything?

MR. LYONS: No.

SUPERVISOR LULL: Beth Anne.

Where did she go?

UNIDENTIFIED SPEAKER: She went to get

more chairs.

SUPERVISOR LULL: For anyone who has

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(AVA HORST)

come in a little late and you would like to

speak before the Town Board, please come and

see Beth Anne and sign a sign-up sheet.

We will take you in the order that you

signed up.

Ladies and gentlemen, I am going to

call this Public Hearing to order. This

Public Hearing is on the Draft of the Revised

Town of Chatham Zoning Law.

Today is Thursday, August 2nd, 2018.

It's a little after 6 p.m. and we are located

at the Tri-Village Company, Fire Company, 111

County Route 13, Old Chatham, New York.

The first one to comment, Ava Horst.

Hurst.

MS. HORST: My name is Ava Horst.

H-o-r-s-t. I live on River Street, the bottom

of Highland Road in Chatham.

And I'd like to just make a general

comment that I feel that the job of law is to

provide protection from evil, not to punish

people who are law-abiding citizens; and I

believe that the Zoning Law as written is too

strict and takes away basic freedoms of

law-abiding citizens.

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(JORY J. EMDE)

Thank you.

SUPERVISOR LULL: Thank you.

Beverly Frenkel.

MS. FRENKEL: I'm going to pass.

Thank you.

SUPERVISOR LULL: I have to apologize

now if I mispronounce your names. But I think

this is Jory Emde.

MS. EMDE: My name is Jory Emde,

E-m-d-e. I get nervous, so bear with me.

My name is Jory J. Emde, and I own and

live in Old Chatham, New York. This is a

strong move on the part of the Town of

Chatham, and one that I was happy to see being

presented. It addresses the residential and

agricultural history of the town. By clearly

designating areas appropriate for the types of

businesses listed in the zoning proposal, the

town is insuring managed growth, both from a

real estate value and business prospective.

This means the residential real estate

will continue to be valued by current and

potential residents. Housing prices will

continue to increase in the quiet residential

areas. Allowing for these types of businesses

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(JORY J. EMDE)

listed on the proposed zoning map to spread

beyond the specifically-zoned areas threatens

the very soul of Chatham. It would jeopardize

the reputation of Chatham as the most

attractive residential area in Columbia

County, bringing high traffic businesses to

residential neighborhoods that would

immediately diminish property values , and as a

result end up destroying existing businesses

that depend on a clientele of locals who moved

to Chatham for its quiet bucolic rolling hills

and comfortable residential neighborhoods.

Spreading business beyond business

districts would threaten the health of the

existing business districts and put

currently -- still requires quite a bit of

investment. Focusing business into the

specific areas that already have commercial

history will insure that the existing

commercial areas will continue to thrive; and

in time the derelict buildings and propert ies

that exist in these commercially-zoned areas

will finally be put to use.

We need look no further than the row

of businesses all for sale and dilapidating

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(JORY J. EMDE)

along 295 in East Chatham; or further down the

road to larger properties, such as the much

lamented bowling alley and the warehouses

adjacent to Sundog Solar, or the vacant

historic central square building in the heart

of downtown Chatham. And let's not forget the

void left behind by Price Chopper's departure.

As a protection in the investment my

family and I made to this town and our land is

for our health and happiness since 2005; and

as a standing representative of my family, as

well as my husband's family, the Palachios,

who are also property owners in Old Chatham

that could not be here tonight, I stand before

you to tell you that we are all in favor of

the proposed zoning restrictions.

(APPLAUSE.)

SUPERVISOR LULL: Next, Karen Murphy.

MS. MURPHY: I want to thank you all

for all the work you have done. It's been an

amazing process -- one I only got involved in

at the end.

My name is Karen Murphy, and I am a

citizen of Old Chatham since 1995, and I was

working on the implementation committee that

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(KAREN MURPHY)

Nan referred to earlier.

I'm just going to speak on one topic,

and that is a topic that is a hot button topic

that Nan mentioned, which is short-term

rentals that are now part of the use table.

I wrote a letter to the Town Board on

July 15th of this year, and I emphasized what

our committee had incorporated into the use

table and the standards of the use table,

which that were, we were in favor, certainly,

of short-term rentals and people having the

ability to rent rooms, to rent their house;

and we, actually -- I think we probably

thought about more in terms of less

bureaucratic encumbrance than more

bureaucratic encumbrance. So, I was trying to

remove certain of those rentals from any kind

of permitting process.

We did stress the fact if people are

going to rent their properties, it should be

occasional, and that that definition should be

defined. We did stress, in our committee,

that the homes that will be subject to

short-term rental would be by permanent

residents of the town -- and I said that also

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(KAREN MURPHY)

in the letter -- that that also should be

defined; and there is a legal definition of

permanent residency -- it's primary residency,

and that has legal touch stones that define

it.

One last thing that was not in our

committee's use recommendation was the

question of why we would favor one -- and I am

talking about commercial short-term rentals,

like an Airbnb, where the owner actually puts

it on a national website, and says this is

available for your use -- for a fee. It's

about making money. It's commercial use.

I ask the question of why you would

favor one commercial use in a town, which is

historic in this town, which is

bed-and-breakfast's that require that at

anytime a guest is in the home of the owner of

a bed-and-breakfast, the owner of that home,

that bed-and-breakfast, be in residence. I

think that that's suggesting that the new hot

button, or new use would have an advantage

over our existing town uses, such as our

existing bed-and-breakfast uses -- would not

be fair. It's just not fair. It's just not

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(KAREN MURPHY)

right.

As a private citizen, my thoughts on

the topic are that we have zoning. We have

reinforced our residential zones to be low

density, to favor agriculture, to preserve

residents at a residential zone, by

introducing, as the last speaker said,

commericial into a residential area, you are

going to destroy both the commercial and the

resident.

So, we want to know our neighbors, we

want to be interacting with our neighbors; and

we don't want to have a use in our residential

areas that is commercial in nature, and that

would conflict with existing residential uses.

So, I hope the Town Board will go

beyond what we had originally recommended and

actually require that there be an in resident

-- if there is going to be a commercial

letting of a home, and that I think that would

be thoroughly consistent with the objectives

and the goals of the Comprehensive Plan as

stated in 2009; and as the world has changed

over those nine years that we see now. Thank

you.

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(MITCHELL KHOSROVA)

SUPERVISOR LULL: Thank you, Karen.

Mitch Khosrova.

MR. KHOSROVA: Mitchell Khosrova,

K-h-o-s-r-o-v-a.

I am just going to read this.

(Indicating).

So, I think many of you know me --

maybe one or two don't. I come here, really,

with what I hope is more of an objective look.

Those that know me, know I spent 16 years as a

deputy chair of the ZBA. I spent two and a

half years on the ZIC that was mentioned

earlier. This process, these 182 pages that

are on the website -- which is a work in

process for, I think it's close to six years

in happening.

I know for a fact that the council

members care what's going on in this

community; and as stated earlier by the

supervisor, want to get input; and there's

always been a lot of talk since the change in

the last administration about transparency and

public input. This is a real chance to do

that. I have worked with both your attorney

and your consultant in the past and currently.

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(MITCHELL KHOSROVA)

I have a lot of respect for what was done here

and for what you are trying to do; and I

recognize the largess of it makes it very,

very difficult.

I guess the long and the short -- and

I will go through some specific examples but

not many. I think that more time is needed.

I think that this was posted, literally, on

July 20th. I, certainly, have not had an

opportunity to go through it more than a few

pages; and I looked and highlighted some of

the things that I thought might be important.

I know at the last meeting, Dr.

Wapner -- he and I have, sometimes, disagreed

in the past -- but he had tried to put off a

Public Hearing. I do think that more time is

necessary. Also, if there are changes, which

I hope there will be, based on the input that

you are receiving, that there be another

public notice and a public hearing after those

changes.

This document did not highlight the

changes from the current law. It makes it

very, very difficult to focus on what needs to

be focused on. You literally have to read 182

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(MITCHELL KHOSROVA)

pages. And many times there would be some

kind of a table or there's a red line. This

board has decided not to do that; and it

really is unfair to the public, especially in

a 12-day period, to give you final comments.

I know I cannot do that. I am unable to do

that.

(APPLAUSE.)

And I don't know -- it could very well

be the Town will, this time, take up Dr.

Wapner's motion from last month; and say,

yeah, let's put this out 60 days; or let's

rewrite based on comments and then put that

out for 60 days. I hope that you will do

that.

I just want to point out, I guess,

there are some things, like inconsistencies.

In one place, you say that a residential pond

needs a site plan review. In another place,

it says no permit is required. Again, I know

because it was a rush and largess of it,

things like that have to be knocked out. This

is a legal document. You are going to go to

Court -- if you try to enforce that, you are

going to lose that.

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(MITCHELL KHOSROVA)

There's several things that I think

that may not really have, or at least explain

proper rationale to it. The three-car garage

limit. I think that -- as a practical matter,

it doesn't really make sense to me. I have

two children. If they were of age to drive,

that means we needed four cars. It's just

where we live. I also have a lawn mower, I

have a motorcycle. And to say and to limit on

any piece of property, without mention of size

or anything else -- what Nan referred to is

you wanted to standardize things -- really

doesn't make sense, and there's no rationale

for that prohibition. If someone has a larger

piece of property, and wants a bigger garage,

why not? It's not going to hurt anybody.

(APPLAUSE.)

I also think that some people may

think and look at this and read this in

saying -- you know, there are a lot of working

class people in this community. I know if you

try to get a contractor, repair person,

plumber, electrician -- it's really hard out

here. And it's one of the businesses that we

need and need to promote because everybody

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(MITCHELL KHOSROVA)

needs those type of things. Specifically,

contractors have need for garages and places

to store things. And you are -- you know,

looking at those type of people, and right

away, you are penalizing them for their

business. And that goes into the --

(APPLAUSE.)

I love clapping, but hold on a second.

It goes into -- also the accessory use limit

that you have imposed. You have based it on

the square footage of the house. To me, that

easily could be deemed illegious because if

you can afford a $10,000 square foot house,

you are going to be allowed to have more

accessory uses; and I just don't see the

rationale. If you have a large piece of

property, and no one is going to see it, what

difference if someone has a shed, a pool, a

large garage, or any other type of -- a swing

set, all of those things -- anything that

would be considered a structure is limited now

as an accessory use. I just don't see the

rationale in that. I don't really think that

that was properly thought through. And to say

one-size-fits-all is not what zoning is

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(MITCHELL KHOSROVA)

supposed to do. That's why you have special

permits.

SEQR is exactly the opposite. SEQR

specifically comes into existence so you take,

fact by fact, specific spaces, and say what is

proper for that particular application. You

are, kind of, going through that and negating

any of that need by saying you want to

standardize something.

I just have two more little examples.

The 100-foot buffer zone -- you know, whether

it's in a hamlet that could be near a creek or

a stream -- by the way, I don't think there's

a definition of a stream. If someone wants

to, simply, put a swing set, and they live in

a hamlet, it makes it impossible to do. Why

is that not allowed? Again, I am not sure

that was thought through.

Your mowing and construction

restrictions, I think also -- I mean, you have

it Saturday but not Sunday, you have it after

five. I mean, people like me work all day. I

get home and I mow. And it's never between 9

and 5; and I usually will do it on weekends.

And I don't have any neighbors in earshot.

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(MITCHELL KHOSROVA)

Why can't I do it at 8 in the morning? Why

can't I do it after 5 o'clock at night?

Especially when it's light until 9 o'clock.

I think that those were rather quick

to go through. I won't even go into it

because I know other speakers will talk about

your town roads -- you don't differentiate

between gravel or paved.

The short-term leasing is also a large

problem. You don't define media. For me --

and I have worked on other municipality's

Airbnb issue. You know, if someone wants to

rent a room in their home where they live, you

don't have the transient issues about

all-night parties, about littering, about not

caring, and all those other issues. I don't

see why you would make someone, who is trying

to make a few extra bucks to have a guest in

their home -- have to go through a whole

obstacle course in order to do it. And you

don't differentiate between someone who wants

to -- and I thought Karen was very articulate

in the things that she said earlier about the

Airbnb. I think that that's a really

difficult issue. I know Hudson just passed

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(MITCHELL KHOSROVA)

it, and they thought it through, I think, a

little bit more than what this definition does

and what you allow.

So, to sum up, I really think that it

took a lot of time to do this. I think a lot

more review and input is necessary. I think

that if you make changes, we need more time to

look at those challenges. If this is passed

the way it is, you will lose lawsuits; and I

know the town doesn't want to do that, they

don't want to waste their money.

Thank you again for your effort and

your time for allowing me to speak.

(APPLAUSE.)

SUPERVISOR LULL: Van Calhoun.

MR. CALHOUN: My name is Van Calhoun,

I live on Bushnell Road in Chatham. My family

has been on that farm since 1785. I am the

seventh generation. I worked on this plan for

15 years, starting the first few days in the

old schoolhouse down the road here, when it

was the Town Hall. I have to give everybody

in the town who has put their hard effort and

time over these 15 years a lot of credit --

whichever side of the coin you are on -- for

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(VAN CALHOUN)

certain regulations and certain rules.

We have put together a mass of people

hours and knowledge base and expertise that

few towns anywhere have. We have wrestled

with a lot of documents. It took six years to

put the plan on the table and get it to the

Town Board. And as Mitch said, it's been

another -- almost ten years since that time

that we have gotten to this point.

We have gone so long that we are

already seeing the evolution of new problems

coming along. And we still haven't

implemented a plan. We still don't have a

plan. And every time we get really close and

new things come along and new problems, we

want to have more hearings, and we want to

have more committee studies -- and believe me,

I believe in committees, I have served on -- I

served on three of them, and I have worked my

tail off -- I'm getting very tired of working

on committees, but still we haven't passed

anything. We haven't codified the bulk of

this. Ninety-five percent of something is

something, it's 95 percent, and you have a

good plan. This plan has built right into it

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(VAN CALHOUN)

that immediately after the plan is codified ,

the new changes go to work. The committees --

people like Mitch who want to refine and make

better and bolder -- it's supposed to happen

that way; but we are four years behind the

times, and not having it happen because we

haven't codified the plan yet.

So, my only plea here tonight is to

say that all of the comments that are going to

be made are valuable, they should be worked

into the plan, and worked through and

compromised -- a very key, important part of

the plan; but, please, can we think of the

things that we can bring into the process

after we have codification and start the

review of the changed process.

Again, I just want to congratulate you

all for being bold, strong council people and

leaders. Thank you.

SUPERVISOR LULL: Thank you very much.

(APPLAUSE.)

SUPERVISOR LULL: Randi Walker.

MS. WALKER: My name is Randi, it's

R-a-n-d-i, Walker, and I am from

Chatham Center. And I said whatever Van does,

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(RANDI WALKER)

I will do. So, since he spoke, I will speak.

I have been working alongside Van -- so, I

guess I'm just reminding you that I have been

working on this for 15 years.

I want to commend you for the open

process that we have had all during that time,

our open process on developing the

Comprehensive Plan, and the open process that

you've allowed for the various zoning and

implementation parts.

I think it was great that you provided

this document on line in May of this year. I

believe there was another version that was

available for people to review last year. So,

I want to thank you for that openness so that

people can be informing themselves if they

wanted to.

I appreciate, Nan, that you explained

to us in the last meeting that we shouldn't

treat this like a novel, and read it from

beginning to end; that if we really want to

get the meat out of it, we jump to the parts

that mean the most to us.

As you going through the next parts

and hearing people, I just want to remind you

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(RANDI WALKER)

about the balance that we struck with the

Comprehensive Plan, and the balance that we

struck with the version that was presented to

you last year.

It's important, I think, for people to

be able to have home-based occupations, for

people to be able to make money in their

homes, whether it's through Airbnb or

bed-and-breakfast, or if I want to have a

landscaping service out of my home. I

appreciate the fact that I live next to people

that have home-based businesses, and so I am

hoping that those parts still are maintained.

I live next to a painter, there's a

landscaper down the road -- you know, those

people are members of my community so I know

where to go for help. So, as you are moving

forward, continue to think about the balance

that we struck when we developed the

Comprehensive Plan; and the balance that we

struck when we developed the zoning that we

handed off to you last year.

Continue to think about people that

may need to make money because it is getting

to be a lot more expensive to be here. The

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(RANDI WALKER)

taxes are going up. Some people need to

Airbnb to actually afford those taxes. So,

please keep that balance in mind. And think

about people that -- they were born here,

maybe they want to stay here, be near their

family, be a part of the community, and just

think about that balance. I will leave it at

that.

SUPERVISOR LULL: Thank you, Randi.

(APPLAUSE.)

SUPERVISOR LULL: Wendy P. Carroll.

MS. CARROLL: Hello.

My name is Wendy P. Carroll, and I

live in the village. I am here to express my

concern that although much of the proposed

town code is valid and fulfills the

Comprehensive Plan's intent, there are

proposed prohibited uses on all town roads

that are not consistent with the intent of the

plan.

The Zoning Implementation Committee

worked long and hard to establish guidelines

consistent with the plan's intent. Such

prohibited uses on all town roads were never

included in any of the draft use tables.

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(WENDY P. CARROLL)

The Town Board added these prohibited

uses at the final stages, in an effort to

compromise with powers that fought loudly and

insistently to protect their dirt roads with

claims that such uses were intense and would

destroy the rural character of their town.

I strongly believe that horse-related

activities with similar impacts can coexist

with the proposed prohibited uses while

maintaining our rural character.

Just out of curiosity, to see the

impact, I made this map, and all the red zones

on our town are the prohibited use areas.

These are our town roads. Roughly, I will

show you guys --

SUPERVISOR LULL: Please show it to

the Town Board.

MS. CARROLL: Here we go. There's

roughly 1,786 parcels, almost 88 percent of

the town will be impacted by these

over-restricted regulations. The plan clearly

states recommendations to preserve the rural

character of our town, while balancing growth

and protecting our quality of life.

Nowhere in the plan are there any

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(WENDY P. CARROLL)

recommendations to prohibit uses such as day

camps, health clubs, membership clubs, outdoor

commercial recreation , facilities, et cetera,

on any town roads.

The Comprehensive Plan does include

Goals, such as places for our children

to engage in our natural environment, homes

for our elders, in close proximity to their

families and friends, and states:

Recreational facilities compliment our rural

character. The plan does not prohibit such

uses. The plan encourages uses such as that.

I also find it extremely challenging

to understand the difference between the

town's paved road and a county's paved road,

other than the obvious distinction of

ownership -- distinction without a difference.

Why will someone on a county paved road be

allowed a use, when someone three houses away

on an adjacent paved town road, will not be

allowed the same opportunity? Each one of

these roads are different. Each site is

different. And rather than blanket

regulations, I think we should consider each

site.

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(WENDY P. CARROLL)

Explicit recommendations to protect

and to preserve the rural character of the

town are included in the infrastructure

section of the plan. The list is long, and

due to time constraints, I will mention a few.

None of them include proposed prohibited uses.

Roads remain rural and design of maintenance,

institute rural road standards that will

maintain rural character . Develop and use

contact sensitive design standards for new

roads built in Chatham which are recognized

nationally for their flexibility and ability

to preserve rural character.

When I questioned the reason behind

the overly-restricted prohibited uses, I was

told, as far as the Town Board goes, the

choice became, limit the high impact uses or

prohibit them all together; thus, the

compromise. Surely, you would not want to see

those uses eliminated all together. No, I

would say that the uses should be based on a

case by case basis according to each use and

each site.

I was told the number one response

from the people was protect road character,

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(WENDY P. CARROLL)

and close behind, was protect open space --

yes. But the prohibited uses as proposed

would not, with rural road standard and

adequate review processes, destroy our open

space and rural character.

In addition, I was told, as one of the

members of the steering committee that

completed the plan -- I'll be finished in just

a minute -- I can assure you, we were told,

more than once by committee members living on

dirt roads, that they would lay down in front

of the road paver before they let their road

become blacktopped -- they were not kidding.

Is this the real impetus for such

heavy-handed prohibitive regulations? A

threat. And why, at the last minute, were the

prohibited uses included at all? The proposed

zoning can and should move forward without

such misguided and special interests

influencing prohibited uses on all town roads.

To justify these restrictions as

maintaining the rural character is nothing

less than unconscionable and an obvious

attempt to placate certain members of the

community at the expense of the entire town --

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(CINDY BOBSEINE)

and most definitely, not in compliance with

the intent of the Comprehensive Plan.

Thank you very much.

(APPLAUSE.)

SUPERVISOR LULL: Wendy, can you enter

that?

MS. CARROLL: I can enter it, a longer

version with all the recommendations from the

town about the rural road standards.

SUPERVISOR LULL: Thank you.

Cindy Bobseine.

MS. BOBSEINE: Cindy Bobseine,

B-o-b-s-e-i-n-e.

I have been a resident of the town

since 1978. I do live on a unpaved road, and

I love Chatham. I want to just start out

reiterating what some other people had said

about -- I realize how much work and time and

effort has gone into this by this group of

people and by many people in the audience; and

I know it's been a real labor of love, and I

appreciate it very much. I know there's lots

of intense feelings about things, and there's

been some difficult conversations so,

hopefully, at the end of all of this, we can

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(CINDY BOBSEINE)

agree on the majority of what's going on.

I really only want to talk about two

aspects of the plan. The first one is the

roads. I know that the discussion of the

committee that was working on all of this over

the last six months began to really look very

closely at roads as -- almost as an overlay

for the town. It's the way I understand it.

As a category of reality that could be

taken into account in terms of what would be

acceptable or not acceptable, which would be

zoned in or zoned out, looking at the first

page of the plan, which talks about general

provisions, which I know is based on the

Comprehensive Plan and that this document --

as I understand it, this proposed zoning

document is an interpretation of the

Comprehensive Plan that has, as Nan has said

many times, kind of, the meat on the bones of

how do you get there, how do you get a

community that was talked about in the

Comprehensive Plan, in the day-to-day

regulations and laws that govern this town.

So, as we go to the first page, I am

going to further purposes of the plan, number

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(CINDY BOBSEINE)

7, to maintain low volume and rural town

roads, minimize adverse traffic impacts and

insure the town has quality, aesthetically

pleasing and safe roads and pathways.

I guess, for me, in listening to some

of the comments that have been made so far, I

hear two things, at least. One thing is that

development in the town and the rights of

people who own property, to use their property

to have a business to make money, should be

preserved in some way. I don't disagree with

that.

On the other hand, I think that if you

allow or -- basically, if you allow all things

in all places, the town will become

homogenized, and we lose a lot of the rural

character of the town -- and that is something

I really don't want to happen in Chatham. I

think that the variability in the town is

wonderful. I think there's, what I would hope

is if something like this plan is put into

place, it would serve as a guide to people who

want to move to the area, to know this is

basically what you are moving into. Look

for -- if you have an idea about a particular

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(CINDY BOBSEINE)

kind of development, look for the kind of

property where you can make that development.

Don't buy a property and then say: Hey, I own

the property, I should be able to do whatever

I want here. So, I like this in terms of a

more planned growth. So that's about the

roads.

The second thing I want to talk about,

just a little bit, is the issue of short-term

rentals, and as I read through the plan, it

feels to me like it doesn't totally hang

together. First of all, we have

bed-and-breakfasts, and we have agritourism

bed-and-breakfasts, and they have very

specific regulations about how they are run,

how the owner has to be there -- that it's a

much more -- I'll call it a supervised

temporary housing. And then we have

occasional short-term rentals which I don't

see a definition for and commercial short -term

rentals. And in looking at the regulations

for the commercial short-term rentals, what I

take from that is that that is clearly -- that

could be construed, the way I read it, as an

opportunity for someone to come into Chatham,

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(CINDY BOBSEINE)

to buy a property with the specific intent of

turning it into -- essentially a full-time

rental -- not exactly a hotel but basically

they can advertise it, they can rent it

frequently. There are permitting issues,

there are regulations, but my concern is that,

especially in certain areas of the town, that

we would have a, essentially, a residence, a

house, which then becomes frequently rented

and I -- if it were on my road, I would have a

problem. I wouldn't know my neighbors. I'll

leave it at that. Okay. Thank you very much.

SUPERVISOR LULL: Thank you very much.

Bob Linville.

MR. LINVILLE: Good evening, all. I'm

Bob Linville. Theresa knows how to spell my

name. I live in Old Chatham on Route 13. I

will pick up on some of the comments we have

heard earlier. First, as to legislative

process that you are following of giving us on

the web, 13 days ago, a final text of the

Comprehensive Plan -- and I side with Mitch

Khosrova in saying that it's really impossible

to analyze it in such a short period of time

and make pertinent comments tonight.

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(BOB LINVILLE)

I have had legislative experience in

Albany. I was on the ZIC myself for a number

of years. I would say to you that the process

followed in the Assembly and the Senate with

new statutes, new laws, is to place the old

law side by side with the new provision or

insert the new provision with X-outs in the

old law to show exactly, a reader, how there

is a change to be made.

(APPLAUSE.)

New material, of course, has nothing

to compare with and it stands alone; but the

analysis by the town residents of this new

Zoning Law is impossible with the text that

you have presented us. Absolutely impossible.

There's no cogent analysis possible for 182

pages in the absence of comparison of what

went on before.

I am not going to get into the

nitpicking or micro issues here. There are

many of them that need to have careful thought

as to whether or not they're appropriate in

this town. I had this strong feeling, as I

tried to read 182 pages or so, that much of

this was a draft from another town, just in

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(BOB LINVILLE)

bulk, big chunks from other places that are

not like Chatham, as though there's a template

for a Zoning Law which got cannibalized for

us. And I think that ignores the uniqueness

of our town and tries to stuff us into a mold

where we don't belong, a mold of some other

place than Chatham.

Now, I will say also, and I won't

belabor this, that my sense in reading it, is

that it ignores all the residents of the town.

In large measure, it's a play to specific

groups within the town. It is almost as

though Chatham is becoming a play thing or a

toy for people from far away; and that ignores

the residents of the town, which I have great

opposition to.

So, I recommend that the legislative

process that's time-honored in the state be

followed here, with comparison of text, and

more time, as Mitch asks, for careful

deliberation of the changes that we apparently

have already voted to promote.

Thank you.

(APPLAUSE.)

SUPERVISOR LULL: Donal Collins.

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(DONAL COLLINS)

MR. COLLINS: Donal Collins, Bee Farm,

108 River Road, Chatham. At the end of the

CPIG meetings, there was a strong push from a

small group of people about placing the zoning

on the surface of the roads. I just wanted to

reiterate, the Comprehensive Plan directs you

to steer zoning towards your poorer soils,

which are irrespective of road surfaces, and

even zoning distance for that matter.

Also, I wanted to talk about the use

tables. Anything not listed as prohibited --

there are new enterprises being born every

day; and prohibited is very strong language, I

believe, to say if it is not listed, it's

prohibited.

As far as what Randi said, I'm sorry

for being redundant, but ancillary incomes in

some of these zoning districts -- if I have a

skill set and I live in RL2, if I can do

something in my garage to support my family,

that I have to start going through hoops of

Special Use Permits, and making it more cost

prohibitive to get that intermediate home

occupation, it might deter me from doing it

and providing extra income.

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(DONAL COLLINS)

A small comment on the noise

ordinance -- I haven't read the most recent

one, but it seems quite draconian.

Just another comment on what I heard

earlier about the appeal of rising real

estate, rising property values. I don't

believe that should be the ethos of this town.

We are a diverse community. The Comprehensive

Plan celebrates a traditional rural

lifestyle -- not polishing it to make it the

most appealing for the real estate market.

Actually, if you look at the

appendices of the Comprehensive Plan, we have

the SW0T acronym, strengths, weaknesses,

opportunities and threats; and the influence

of real estate agents is actually listed as a

threat in the housing subsection by the

Comprehensive Plan. That's all I have to say.

I would like to thank Randi for her

work and other members of the committee, Van.

And that's it. Bob, you too. Let's maintain

a you traditional rural lifestyle.

Thank you.

(APPLAUSE.)

SUPERVISOR LULL: Emily.

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(LINDA ZISKIND)

MS. ZISKIND: Hi. Linda Ziskind,

Z-i-s-k-i-n-d. I live in Chatham, and I lived

here since 2000; but I was born and raised on

a chicken farm in rural New Jersey , so I do

understand farming communities and rural

communities.

I want to thank the board, the people

who developed the Comprehensive Plan. I was

so impressed when I found out I moved to a

community that had the development of a

Comprehensive Plan that interviewed people in

the town and took into account residents'

input. It was a multi-year process, and it

was kind of amazing to understand the work

that went into it and the work that's gone

into creating zoning laws out of the

Comprehensive Plan. So, for that, I thank

everyone involved. And we are lucky to live

in a place where that happened.

What I want to talk about is also the

short-term rental issue. And I understand

peer-to-peer economy has opened up a lot of

opportunities for people, one on one, to

create businesses, and it is a way to bring

more income into families; and I think that's

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(LINDA ZISKIND)

just great. Unfortunately, it also creates a

new set of issues because nobody has

encountered these things before and nobody

knows what the laws around them should be, and

how they can adversely affect communities, and

what you can do to make it fair to both people

operating these things and the communities in

which they're situated.

Fortunately, we are not the only

community in the country, or for that matter

in the world, that this is happening in. It's

happening all over the world, and there are

people who have studied it all over the world,

in cities, in small little communities

everywhere. There's a man called David

Wachsmuth. He's an assistant professor at

McGill University, School of Urban Planning.

He studied Airbnb rental practices around the

world, in cities and communities throughout

the United States and Europe. And he has

found that there's two big issues. One is

taxes. It's an off-the-books, kind of,

economy thing; and the other is the impact to

the community. Is it going to be a short-term

rental that's done in the spirit of a B-and-B,

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(LINDA ZISKIND)

where you rent out a room occasionally to

people, or is it someplace that somebody

buys -- for simply revenue generating

purposes -- doesn't live there, doesn't even

live in the community and rents it out.

In fact, in Boston today, more than

70 percent of the Airbnb listings are operated

by outside professional companies who buy

apartments and homes, and list them on the

Airbnb market. What Wachsmuth discovered was

that Airbnb has been happy to cooperate with

regulators about collecting taxes in order to

level the playing field with hotels and other

service businesses like that, but they'll

resist attempts -- until recently, have

resisted attempts to restrict how much

activity is allowed -- which means that many

places where short-terms rentals are illegal,

guests are instructed to lie and say they're

friends of the landlord, and herein lies the

problem.

Short-term, whole home Airbnb rentals,

where the owner doesn't live on the property

or even in the area, are an entirely different

proposition than subletting one's home for

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(LINDA ZISKIND)

months or years at a time. It's different

than inns, motels and hotels, because they all

have the protective presence of staff, and

bed-and-breakfasts, and many Airbnb have

owners present.

But that's not the case with whole

home short-term rentals. Whole home Airbnb

rentals find groups of strangers, showing up

weekly, or even daily, which only brings a

high possibility of noise, disturbance,

quality of life issues, and even security

issues. And for the properties that offer

whole -- short-term whole home rentals

full-time, the probability of issues arising

becomes even higher.

I encourage the Town Board and the

zoning committee of Chatham to preserve the

intent of residential rural area zoning and

take steps to regulate Airbnb or any

short-term rental through methods. And again,

there are best practices that other

communities have done, such as requiring hosts

to register with the town to determine if they

were operating in permitted areas.

Other communities have done this and

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(HILARY CORSUN)

Airbnb is actually working with these

committees to identify illegal listings.

So, thank you.

(APPLAUSE.)

SUPERVISOR LULL: Thank you very much.

Hilary Corsun.

MS. CORSUN: Hilary Corsun, I have a

diversified farm in Old Chatham. And I also

didn't get to read the whole thing, and would

very much welcome the side by side document.

The main things, I was mostly focused

on the agricultural components, and I was

surprised -- first of all, Beth Anne laughs at

how often I am in the Town Hall for the

various permits we're already pursuing; and I

guess I was surprised that there's no mention

of scale when it comes to agritourism and

other on-farm or other events that people

might be having. It seems like a waste of

everyone's time and resources, potentially for

low income events, to have to go through

the -- to go through some of these processes;

including things like the day camp. We had a

farm camp, and it was going to generate

$5,000, and we would have to go through the

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(HILARY CORSUN)

45-day process and -- I don't know, just seems

like it could be a poor use of resources.

And I think -- I was happy to see the

45-day process articulated. I don't know if

that's new, but in terms of being able to

pursue the modified site plan reviews, that

felt -- at the upper end, that felt

reasonable, but I wouldn't want it to be any

longer than that. And if processes like

putting in a farm pond could be expedited in

some way, I think that would be appreciated.

That's all I have for now.

Thank you all for the work you are

doing.

SUPERVISOR LULL: Thank you.

MS. UHLER: Heather Uhler. I am a

resident of Old Chatham. I have three

daughters in the Chatham School District, and

I grew up in North Chatham, so I am pretty

much a life-long resident.

I'd like to thank you for all the hard

work you have done in observing the rights of

farmers and our farmlands and this agriculture

community that I hope to pass down to my own

children eventually, so that's very important.

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(HEATHER UHLER)

I want to address the large

commercial, residential -- large commercial

use of residential properties. I don't really

think the issue, as some people have stated,

is just renting a room in your home. I think

the issue is whole homes with absentee owners

that are coming in and renting out homes for a

minimum of three-day blocks, for 500-plus

dollars a night. These people aren't here

more than a few times a year, and they are

clearly -- also, these people tend to have

more than one residence that they're doing

this with. Myself, I have one residence, so,

you know, it means a lot to me that I know my

neighbors and that there isn't that transient

population with buses of 20-plus people coming

in and out of my street, pulling into my

driveway at 10 p.m. and unpacking and asking

if they arrived. And I think there's got to

be some kind of restriction placed on this

type of activity. So, thank you very much.

(APPLAUSE.)

SUPERVISOR LULL: I think this says

Adele Bruno.

MS. BUENO: Adele Bueno, B-u-e-n-o.

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(ADELE BUENO)

I am one of those bad guys that have

been renting Airbnb -- and not only Airbnb,

also VRBO -- that's Vacation Home Rented By

Owners. That's been on the market for more

than 20 years.

I came to Chatham, but I came to

Chatham to visit someone, and I completely

fell in love. I came in August. In December,

I came and bought a house because I wanted to

retire here. I just love the whole community.

I employ three people to take care of my home.

I do have staff that's 24 hours taking care of

the home when I have guests.

I do rent the house. 59 percent of

the people that I rent is people that left

Chatham and came back to visit families.

Holidays is always rented for families of

people that leave here to come back for

Thanksgiving or Christmas. I just -- we are

not bad people.

I really want to move here but if I am

fortunate -- fortunately, I have

grandchildren, and we have made a goal that we

are not moving here until our granddaughter

goes to kindergarten -- that's going to be in

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(ADELE BUENO)

the next four years. But my house is taken

care of wonderfully -- the grounds, the house,

and I only it rent for families. We should

not be penalized because we cannot live in the

house.

I do come for summers; I spent the

whole summer here. And I do rent the house,

most times, in the winter. I think you guys

all should see the other side. The

people that -- I did not come here to be

labeled a bad person. I came here to have a

home, to take care of my home, but

unfortunately I cannot -- I cannot afford to

just keeping the home sitting there until I

can move.

Regulations from the town would be

fantastic and welcome. That's all I have to

say.

(APPLAUSE.)

SUPERVISOR LULL: Jean.

MS. ROHDE: Jean Rohde, and I have

lived in Chatham for about -- I don't know, 45

years or so. I was on the original plan

committee, and I am so glad everybody is here

because I can't tell you the number of times

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(JEAN ROHDE)

we sat at a meeting and said: We have to

discuss this and that and the other thing, and

we have our ideas, but what about the other

people? How many times did I say that, Bob?

I am just glad.

I have been listening to the comments

here, and my reading of the plan and the

comments I have read in the minutes and in the

paper, and I think we have had some excellent

ideas. I think some of the ideas that we

had -- well, for instance, when we started the

plan, nobody knew whether it was an Airbnb --

so you have had to add those things as we have

gone along.

I agree that we need a little bit more

time to contemplate and digest, and we have

been -- some of the ideas we heard tonight,

along with what we are hearing from other

people.

So, I just thank everybody for their

ideas and for coming.

(APPLAUSE.)

SUPERVISOR LULL: Scott.

MR. STOCKMAN: Hello. Scott Stockman,

S-c-o-t-t S-t-o-c-k-m-a-n. I actually live

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(SCOTT STOCKMAN)

in the Town of Stuyvesant, but I am a property

owner in the village. This whole thing is,

kind of, new to me, unfortunately; but I

wanted to point out a couple things quickly.

One was the point that Mitch made about

iterations of the plan and putting the onus of

trying to determine what has changed from one

iteration to the other. Putting that onus on

the public is, kind of, a bit of a tough

thing. It would have been much better if --

Microsoft Word has a little button that says,

Track Changes on it, of which the comments are

made, you can see exactly how a document was

changed -- having that document available to

the public would be very helpful to the

public; or at least a memo of the changes

that -- between one iteration to the next

would be very helpful.

The other thing I wanted to mention

was -- Wendy brought up the point that a bunch

of prohibited uses were added in one of these

iterations. If what she has here is correct,

which I am assuming that it is, because she is

a very intelligent woman, some of these uses

don't seem very intensive.

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(SCOTT STOCKMAN)

And the town itself has a Planning

Board which, ideally, if you have faith in

your Planning Board, they should be able to

take an individual project, be able to

evaluate it on its individual needs, and on an

individual basis, and be able to determine,

based on the Comprehensive Plan and the zoning

that you have, whether it is an accepted use

or not. And they can pass it or not pass it.

So, as a taxpayer in the town, my fear

is that spot zoning like this, and adding

these prohibited uses, as Mitch pointed out,

is going to invite lawsuits which, in turn,

invite lawyers to charge the town a lot of

money, which, in turn, invites the town to

raise my taxes. So, those are the two things

I wanted to mention.

I appreciate your time. I thank you

for listening to me.

(APPLAUSE.)

SUPERVISOR LULL: Elizabeth Marks.

MS. MARKS: Hi, everybody. Elizabeth

Marks, M-a-r-k-s. I am a resident of Chatham.

I just really appreciate everyone's work, and

I know everyone in this room, really, just

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(ELIZABETH MARKS)

wants to preserve the rural character of

Chatham, and I don't have all the answers, but

I appreciate people working on it.

We have a property, tax crisis in New

York, and it is really hard to make a

full-time living in Columbia County. My

property taxes alone are 13 percent of my

gross income -- not my adjusted gross, but my

gross. It's probably worse for adjusted

gross. And Airbnb has been a Godsend to me.

It is the sole reason I have been able to keep

my home. I mean, there are some people in

this room who have sat with me when I sobbed

when I first got my first property tax bill

because I didn't know how I was going to pay

it. And I believe that Airbnb and VRBO has

been a tremendous economic boon to this town.

I have been shocked at how many people

have come, who come to my Airbnb, who just

want to hang out here, and they're spending

money, and they're, you know, keeping the

restaurants and businesses that I can't always

afford to shop in, but I'm glad that they're

here. They're keeping them in business. So,

I am opposed to all the regulations. I mean,

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(ELIZABETH MARKS)

in truth, they're probably just going to be an

annoyance for me. I can continue to operate

because I can fall within them but I am

against them because, one, I think they're

restricting business in the town; and, two, I

really feel like, as long as I am complying

with health codes, as long as I'm complying

with disturbance laws -- and I read the

disturbance laws, they're pretty specific,

they're pretty measurable. They apply to

short-term rentals, long-term rentals,

residents and part-time second homeowners; but

don't tell me how to -- that I can't --

restrict my ability to make money on my

land -- as long as I am complying with those

rules that everybody else is complying

against.

I don't like the limit of ten people

and three cars. There are people, like the

woman who spoke before me, who, you know,

hosts -- have houses available for family

reunions.

And I don't like the requirement that

short-term rentals be inspected and have to

pass building code, which will prohibit

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(ELIZABETH MARKS)

anybody with an older home -- I mean the

building codes are very strict. Again, my

house will pass fine, it just did, but anybody

who has an older home, or anybody who is

offering an alternative accommodation , such

as -- you know, like a tree house or whatever

that they want to put on their property that

people want to come and pay for to stay at.

So, I just urge everybody to really

look at that issue. Make sure if you do put

in regulations, that it is going to give you

the desire that you want, the end result that

you want; and I don't think these regulations

do.

And I just also question, why are

short-term rentals targeted, and not long-term

rentals?

And then just one other little beef I

had was the garbage cans -- bringing in

garbage cans after 24 hours for short-term

rentals; but also bringing in garbage cans

after 48 hours for other folks. I don't know

if there's a single person in here who hasn't

been guilty of that. So that might be a

nightmare to enforce.

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60

(RIC WERWAISS)

Anyway, thank you for your time; and I

appreciate the opportunity to speak.

(APPLAUSE.)

SUPERVISOR LULL: Ric Werwaiss.

MR. WERWAISS: Ric Werwaiss,

W-e-r-w-a-i-s-s. I live in North Chatham. I

was at the first meeting, starting of the

Comprehensive Plan and have been involved, to

involving degrees, ever since. And one thing

that I try to keep in mind through this whole

process was, we haven't changed zoning since

1972 -- the original zoning, the zoning we

took from somewhere on Long Island and tried

to retrofit here.

Having been through the comprehensive

planning process, saw how long it took to get

to this point, I want to remind everybody that

what we are looking at is probably going to be

the zoning in this town for decades.

Those are the odds. So, a couple of

points about that, that I want to say. So,

when you talk about the Planning Board,

remember that this document is not for the

Planning Board we have today. It is for all

the Planning Boards going forward for quite a

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61

(RIC WERWAISS)

while, in all likelihood. So, those of you

who are finding it a little too prescriptive,

keep in mind that the Town also has -- and

taxes have come up -- has to keep in mind

expenses. And having worked on the road

aspect of this, I can tell you that the cost

of roads was a very high level discussion,

front of mind topic throughout the entire

room's discussion. We have routes in this

town that were designed for traffic.

We have roads -- which the town owns,

and only one of which, Rock City Road, is

really designed for traffic at this point.

The rest of them are just designed to get

people to their residences, or farmers to

their properties. That's how they were built

originally, that's how they have been

maintained ever since.

To change them because zoning wasn't

prescriptive enough, and a Planning Board, ten

years from now, said: Oh, what the hell, go

ahead -- means you are going to have to

regrade, pave that road, and you are looking

at big bills on a road that wasn't designed

for that.

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62

(RIC WERWAISS)

So, that was at the forefront of our

minds as we went through a lot of that work.

And I just want to -- if I am the last

speaker -- I guess I want to leave at that on

that note; but I just want to respond to

questions about the work that was done on

roads and the motivations behind it, and the

outcomes that we were shooting for. And we

constantly referenced the Comprehensive Plan

throughout that entire process, and keeping

the character and the rural nature , and

dealing with the cost of running the town were

always at the forefront of everybody's minds

in those discussions. Thanks.

(APPLAUSE.)

SUPERVISOR LULL: That's the end of

the sign-up list. I want to thank everybody

for their comments and their thoughts, and

reiterate that if you have any other thoughts

that you want to submit to the Town Board,

please do so.

I am going to call the Public Hearing

to a close at 7:18.

I would like a motion to adjourn.

(WHEREUPON, THE BOARD MADE A MOTION

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63TO ADJOURN, ALL IN FAVOR.)

SUPERVISOR LULL: Thank you.

(APPLAUSE.)

(WHEREUPON, THE ABOVE PROCEEDINGS

CONCLUDED.)

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64

C E R T I F I C A T I O NC E R T I F I C A T I O NC E R T I F I C A T I O NC E R T I F I C A T I O N

I, THERESA C. VINING, hereby certify and

say that I am a Court Reporter and Notary Public within

and for the State of New York; that I acted as the reporter

at the Public Hearing herein, and that the transcript to

which this originally-signed certification is annexed, is a

true, accurate and complete record of the minutes of the

Public Hearing to the best of my knowledge and belief.

THERESA C. VINING

DATED: August 10, 2018

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