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Attorney’s letter denounces need for moratorium

Jacqueline C. Herman
Posted 9/17/24

BETHEL — A letter from Attorney Steven Barshov of Haverstraw in opposition to an anticipated petition requesting a moratorium on all development in the Town of Bethel was read aloud by …

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Attorney’s letter denounces need for moratorium

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BETHEL — A letter from Attorney Steven Barshov of Haverstraw in opposition to an anticipated petition requesting a moratorium on all development in the Town of Bethel was read aloud by Supervisor Dan Sturm at the Bethel Town Board meeting September 11. 

Barshov represents members of the Orthodox Jewish community and stands in opposition to a moratorium, according to the letter.

Although a petition had not been actually received by the Board, members of the community voiced a plea for a moratorium and were countered by the people behind the developments.

The letter refutes quotes from such a petition which asks for a moratorium on all future large-scale developments until the new Comprehensive Plan is completed to “protect our rural identity, our water, our farmland, and our way of life.”

“Unchecked growth will forever change the landscape, turning our town into something we no longer recognize,” the petition says.

It mentions “numerous high impact applications in front of the Planning Board”—including those for over 300 housing units. “We need a pause [to evaluate them] cumulatively, not just individually in a vacuum.” 

 

The letter lays it down

Barshov’s response includes a lack of a definition for “large-scale” development; the assertion that the town’s zoning allows so called “large-scale developments”, and that “under no scenario is it possible for any large-scale development to be processed” without review under the NYS Environmental Quality Review Act. Therefore, impacts upon open space, flora and fauna, and community character are not overlooked.

It further said a moratorium requires “an actual and real emergency”, whereas none are “identified in the [purported] petition”, and that current zoning allows development on private property. 

Barshov’s letter said he would submit “extensive comments…as to why such a moratorium would be contrary to local law.”

 

The public puts in their thoughts

Discussion in the room focused on problems with wells, sulfur in the water and, as stated by resident Larry Seitelman, the existence of unknown factors such as the actual capacities of aquifers, a study to produce measurable impacts caused by new developments locally, and the need for studies at the state and county level.

Resident Steven Altman spoke about global warming causing increased dryness that results in widespread fires in California and its local effect on aquifers. 

“Water is a precious commodity…We’ve got to look at this.”  

Henne Altman spoke in reference to the Comprehensive Plan. “We have a lot of these projects on the books…There should be no building whatsoever without a [new] Comprehensive Plan.” 

Supervisor Dan Sturm replied that the Comp Plan will probably take another year to complete, and that it is currently underway.

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