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Bethel adopts new zoning code as Abramson criticizes it

Budget adopted

Dan Hust - Staff Writer
Posted 10/28/14

WHITE LAKE — Making a variety of tweaks to the final version, Bethel's town board on Wednesday adopted a revised portion of the zoning code 4-1.

The revisions cover indoor and outdoor …

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Bethel adopts new zoning code as Abramson criticizes it

Budget adopted

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WHITE LAKE — Making a variety of tweaks to the final version, Bethel's town board on Wednesday adopted a revised portion of the zoning code 4-1.

The revisions cover indoor and outdoor recreational events and facilities, both permanent and temporary, along with summer camps.

“Bungalow colonies are now a non-conforming use,” said Supervisor Dan Sturm, and as such, “you cannot enlarge or expand [them].”

That change to non-conforming use happened in a previous revision of the code, said Sturm, but this version now makes it clear such facilities cannot grow in size.

“That's what the planning board wanted, what the zoning board wanted, and I think it's what the people wanted,” Sturm remarked.

Elsewhere, however, the changes relax the zoning code, especially as it relates to camping and temporary outdoor events - which are becoming increasingly popular in the township during the Woodstock anniversary weekends. Such “transient campgrounds” are now allowed townwide.

Indeed, the adoption of the revised zoning code follows last month's approval of new camping regulations.

And just like that vote, Councilwoman Dawn Ryder lodged the sole “no” on this vote, reiterating her contention that not requiring public hearings on reapplications of unaltered outdoor gatherings “is a mistake.”

Sturm and councilwomen Vicky Vassmer-Simpson and Lillian Hendrickson did not share Ryder's concerns.

“If everything goes well [the first time around], to me the applicant is demonstrating responsibility,” Sturm said, arguing the town shouldn't put reapplications through extra meetings and cost.

Councilman Bernie Cohen assented to the changes “under protest,” with little explanation other than that something needed to be tweaked further.

“I can't really put my finger on it,” he told the audience, then added, “If we're going to do it, let's do it so everybody is on the same platform.”

That was Bethel resident Jeryl Abramson's contention.

“I'm sure it is not this board's intention to show favoritism in any way or to disenfranchise the public,” she told the board as the lone speaker during Wednesday's public hearing preceding the board vote. “Therefore, I respectfully request that you consider my concerns before you bang the gavel on these proposed changes.”

In particular, Abramson criticized the new ability of eating/drinking establishments to sidestep any site plan review if their temporary outdoor event won't exceed 200 patrons (downgraded from 250 in an earlier proposal).

“The way this language is crafted allows an accessory use to otherwise indoor facilities without clear definitions, conditions or compliance with health and safety standards,” Abramson told the town board. “... The parameters seem loosely defined in this code.”

Indeed, her concerns with potential ambiguity became a recurring theme.

“A temporary stage may be on one parcel, with limitless camping on an adjoining parcel, thereby increasing the attendance significantly while still not having to declare their adherence to the law,” she stated. “This loophole needs to be closed in order to not create undue competition among those businesses that have a permanent eating establishment and those that have temporary eating establishments at virtually the same type of venue.”

Abramson has a direct stake in the matter, as she annually hosts a Woodstock-themed “reunion” on her property every August, featuring camping, performers and food.

As such, she also critiqued the code's employment of a NYS Dept. of Health rule stating outdoor events cannot exceed 60 hours.

“The 60-hour rule by the Board of Health applies to camping, not stages,” she argued. “It is not clear from the [town's] definition when the 60 hours begins or ends.”

As written, the law “will basically allow outdoor theatre - without compliance, enforcement or public input - all summer and beyond,” Abramson said.

Nevertheless, the board did not enact further changes, with Sturm indicating he didn't believe more alterations are necessary.

“If there's anything more than a temporary stage for a weekend, it has to go to the planning board,” he insisted. “... So I don't think the law has any loopholes.”

The full text of the law is available at the town hall in White Lake or online at www.town.bethel.ny.us.

Budget adopted

With just two speakers during a preceding public comment session, the town board unanimously adopted Bethel's 2015 budget on Wednesday.

The budget adds some funding to the highway department but otherwise mostly keeps services and expenses flat, with a tax increase estimated to be an additional 16 cents per $1,000 of assessed value (and thus under the state-mandated tax increase cap).

The two public comments turned into a verbal sparring match over the Bethel Volunteer Ambulance Corps' tax district, with former corps member Bill Boland asking the board to repeal the near-30-year-old resolution which created the district.

Boland claimed the corps was making “inadvisable” purchases and responding to just 40 percent of calls.

“Stop something that just doesn't work,” he told the board. “... Let's go to professional people.”

Corps member Charlie Stackhouse replied to what he called Boland's “vendetta,” noting Boland pays less than $8 a year in tax to the ambulance district and that the corps actually has a 60 percent response rate, aided by MobileMedic and Hatzolah.

“We're doing the best we can,” Stackhouse told the board. “We can't force people to come out and volunteer.”

Sturm said the board would not act on rescinding the district's founding resolution, as it was created by a public vote and should remain a matter for the people of Bethel to pursue, if they wish.

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