WAWARSING – Many attended the August 17 Wawarsing town board meeting to be heard regarding the town's 2017 draft zoning plan. While most agreed that the proposed zoning amendments would steer potential developers towards higher standards and aesthetically pleasing results, others were concerned the changes reflected a more sinister tactic... to keep a specific people from developing properties within town limits.

Jaime Deppen, member of the Wawarsing Environmental Conservation Commission, called the 200-plus page document, "a balanced approach toward protection of the town's rural character and environmental resources while allowing room for development." Deppen added that the remaining members of the ECC supported and commended the work of the zoning plan committee, which took over a year-and-a-half to complete its survey and suggestions, noting that the document aligned with the adopted 2015 town comprehension plan and open space plan.

Kathleen Muldoon, president of the Cragsmoor Association, was also pleased, and added that the Cragsmoor Association voted to support the revisions to the town's zoning during their early August meeting.

"The newly created ridge hamlet district reflects the results of the community wide survey that the association conducted in 2014-2015," Muldoon said. "The revision has also recognized the importance of the Shawangunk Ridge and brings our town into alignment with the protections afforded the ridge by surrounding municipalities."

The plan, said planning consultant Peter Fairweather, calls for simpler language, provides greater flexibility for development, and provides for higher standards and a push towards higher value and quality craftsmanship.

Over the course of the past year, Fairweather explained, the committee analyzed the development requirements and standards of each zone. In the RU residential area, specifically, changes were proposed shifting the requirement from three to five acres so as to have minimal environmental impact, Fairweather said.

The plan, in a nutshell, updates the terminology and definitions of the current plan, Fairweather added. It also reflects modern development trends and showcases revised solar regulations as well as spells out the favored conservation subdivision process, and outlines preferred Route 209 development standards.

"I think we've been pretty successful, at least in concept, in trying to create a situation where there's greater flexibility in terms of development allowed on commercial and residential sides, but higher standards in terms of what it would look like when it's done," Fairweather said.

The plan, he continued, preserves the environmental quality of the town and is basically a catalyst for creative economic development.

Not all, however, agreed with him.

Jeff Kaplan, mayor of Ellenville and an attorney representing many ongoing development projects throughout the town, asked the board to consider the impact implementing such a plan would have on development and the town's tax base.

"Representing a number of developers, I can tell you that one of the first questions they ask is why is it so difficult to build in the town of Wawarsing," Kaplan said. "And secondly, how many units are available on a piece of property?"

He pointed out zoning amendments that the town made in 2009.

"Here we are, seven years later, with literally no development in the seven years and we're changing the law again," Kaplan said. "We have to ask ourselves why, in seven years with no development, we have to go through this exercise."

The answer, he continued, is clear.

"We've become a community that's not interested in land use, which is really what zoning is about, but who is using the land, and we're going to do whatever we can to avoid some people from developing property," Kaplan said. "In doing that, you are also going to eliminate a lot of people who you may want to develop property."

The potential builders, he continued, are going to look at the town's development plans and run away.

"You're going to reduce development and instead of really looking at how this town can benefit from the fact that there is a casino that's going to be down the road, or an amusement park down the road, and how we can get those people to come live here, we are eliminating the fact that we don't have enough housing to support that type of influx in our area," Kaplan added.

Taking it one step further, Kaplan suggested the board consider conducting an analysis to see how many properties under the new zoning amendments will become non-conforming when the code jumps from requiring three-acre building lots to five-acres.

"That's a big issue, because if you live in an area where your property doesn't meet the zoning minimum and you want to put up a deck or a shed, you're going to have to go to the ZBA," Kaplan said, noting that implementation of the new zoning codes would stop development of many single-family homes. "I think a lot of the revisions of this law are good. There's no question that the ridge needs protection. But you're losing the fact that when you pass laws like this, you're taking away property rights that are really an essential and integral part of living in America."

In support of the zoning amendments, Hank Alicandri, director of land stewardship and head ranger at the Mohonk Preserve, added, "I feel the zoning updates that have been suggested really reflect the updated comprehension plan and the vision that it presents the town for the future is a great one where we have plenty of room for development in areas where we can support it with the appropriate infrastructure and still allow us to preserve some of the beautiful open space and woods that everybody loves."

Town councilman Stephen Bradley moved to continue the public hearing to the next town meeting on September 7.

The next step, Fairweather said, is for the county planning board to review the plan and make their recommended alterations, followed by the SEQR review process and finally, adoption.

In other news, councilman Mike Durso commended town youth program director Sam Bugna on another successful camp season. Councilman Terry Houck commented on continued plans for construction of an additional pavilion at Lippman Park as well as one potentially at Berme Road Park. Town supervisor Leonard Distel added that progress is being made on well development to expand the Napanoch water district.