Split vote
Re-zone near old railroad



NEW SCOTLAND — With only the supervisor in disagreement, the town board voted last Wednesday to re-zone one area in town and to keep another area’s zoning the same.

Both votes were 4 to 1, with only Supervisor Ed Clark dissenting.
"I felt the votes were premature," Clark told The Enterprise on Monday. Continuing, Clark said he feels there are many other development plans the town could look at before making a decision, and that he believes these other plans should be considered.

The two areas discussed for re-zoning are in the town’s Northeast Quadrant, along the Bethlehem and Guilderland town lines, and close to the city of Albany.

Near Hilton and Font Grove roads of the quadrant, the town board voted against a proposal to change the area from minimum density residential, which requires one-quarter to one-half acre lots for development, into a two-acre residential area.

The other area was an industrial zone along an abandoned railroad in the same quadrant. The board voted to re-zone the area above the railroad tracks to two-acre residential and the area below the railroad tracks as commercial.
"I respectfully disagree with Ed," Councilman Richard Reilly said at the meeting.

Clark is a Republican as is one other board member. The other three, including Reilly, are Democrats.
"The two-acre re-zone won’t stop development, just like with the Krumkill development," Reilly said, referring to the large development proposed on Krumkill Road and the other developments in that area which are zoned for two acres. "Is it perfect" Well, the zoning never is," he said.

Reilly argued that the town needs to act on zoning issues quickly before it becomes too late and areas are inappropriately developed as the town deals with a constant struggle between commercialization, and a growing population, and maintaining its rural character.

The supervisor was not swayed by Reilly’s arguments.
"You disagree with me, and I disagree with you," said Clark. "I don’t think we should go ahead with anything"I just don’t want to be in a hurry to lock in any mindset for the town."

Clark told The Enterprise that the town is currently facing more development pressures than in past years with a lot more large-development proposals.
"The big problem is water and sewer," said Clark, citing the town’s limited infrastructure and ever-increasing demand.
"We could spend $100,000 and print up 1,000 color maps and still not be any closer," said Reilly in response to Clark’s wanting to look at more zoning options and strategies for the town. Reilly said he wanted the board to act now as it begins looking at the larger re-zoning issues facing the town as a whole.
"I think we’re establishing a pattern that we can do better than," responded Clark.

One woman attending the meeting asked the board if a business or developer could move into the railroad area, which was industrial, and by right do what they wanted with the parcels.
"The zoning law is the zoning law, and they could if they wanted," Reilly told the resident, adding that, if changed, though not perfect, other zoning would still be more appropriate for the area than an industrial zone.

Councilwoman Margaret Neri said that New Scotland should look to other neighboring municipalities for long-term development and zoning plans — one municipality in particular.
"I think we can look to the town of Guilderland with what they did with the west end of their town," said Neri. She said she believes Guilderland’s rural west-end land-use plan was an attempt to blend rural and commercial planning, while balancing the best interests of the town’s residents at large. Neri thinks a similar plan could benefit New Scotland and she asked the board to study the comprehensive rural Guilderland plan.

Clark agreed and said it was a good idea.

Public hearings

New Scotland is conducting public hearings on two topics that will directly affect the lives of its residents: a noise control law and a right-to-farm law.

The board held a public hearing on the right-to-farm law before last Wednesday’s town board meeting, and several farmers showed up to voice their opinions, according to Clark.
"There were several farmers"They wanted to tinker with the law a little," said Clark. "Generally, they were all in favor of it."

Citing a survey conducted several years ago in New Scotland, Clark said that there was a general consensus to preserve the town’s rural character.
"People wanted to preserve the rural atmosphere, and with farming"this is one way we can do it," said Clark. "This law is not uncommon in municipalities around the state.

The right-to-farm law would allow farmers many exemptions to local ordinances and mandates, including a possible noise ordinance, and allow farmers to freely conduct business around town.
"We would establish standard farm practices. We would have to exempt farmers from any town ordinance," said Clark, giving the example of hay wagons and other slow-moving farm machines using the town’s roadways.

Clark said complaints from residents about slow-moving traffic, noise, or odors resulting from these standard farming practices could not be brought against farmers if the law is enacted. Clark told The Enterprise that agriculture is an important element to maintaining rural character in New Scotland.

Councilman Douglas LaGrange is a farmer himself, coming from a long line of New Scotland farmers.

The board set an Aug. 9 date, at 6 p.m., to revisit the right-to-farm law and to hold an additional public hearing before the law is voted on.

Following that public hearing on Aug. 9, at 6:30 p.m., the town board will hold a public hearing on a possible town-wide noise ordinance.
"We do, from time to time, get complaints about noise and there’s nothing we can do about it," said Clark. The supervisor said that the town recently received two complaints from residents about excessive noise, and that most of the complaints are about loud music coming from private residences.

One resident spoke up about a possible noise ordinance during the town board meeting.
"This is not suburbia," she said. "You’re opening up a can of worms with the rest of the town"Your going to really have some people riled up." The woman added that the noise ordinance, which may work in denser parts of town like the village of Voorheesville, will not work in more rural sections of town, because of the extensive use of recreational vehicles like ATV’s and dirt bikes, as well as the use of chain saws and other loud equipment.
Under the right-to-farm law, farmers using "standard farming practices" would not be subject to a noise ordinance.

Additionally, the town’s attorney, Michael Mackey, said the method used by larger towns and cities to measure decibels to enforce their sound ordinances could not be used in New Scotland because local law enforcement agencies do not have the equipment. Mackey said alternative methods of determining noise levels would have to be incorporated into the law for enforcement to be possible.

Both public hearings will be held directly before the town’s next board meeting in August.

Other business

In other business, the town board unanimously:

— Called for an executive session to discuss personnel matters, for the purpose of, according to Clark, gathering information needed for future decisions.
"It was a discussion of personnel and various people were named as well as their performances," said Clark. "There were no decisions made and no actions taken." Clark told The Enterprise that two people were named and that it was a "performance-based" issue;

— Increased the Heldervale Sewer District rates from $50.70 to $90 for 15,000 gallons and increased the rate per thousand gallons over the minimum 15,000 gallons, from $3.38 to $6.25;

— Received a summary from town justices Margaret I. Adkins and Thomas E Dolin for court cases held in the month of June. Between the two justices, 160 cases were heard and the town collected a total of $12,157 in fines and surcharges;

— Appointed Susan D. Kidder as the Senior Citizen Coordinator for New Scotland. Kidder, who had already worked as the seniors’ liaison, passed the Albany County Civil Service exam for the position and will be paid $15 an hour;

— Adopted the 2006 rules and regulations for use of the Wyman Osterhout Community Center. For a listing of the rules or making reservations for use, the town clerk’s office can be called at 439-4865;
— Approved the company Geotechnical to take soil samples for a topographic survey from a "slip fault" on Krumkill Road in order to assess what needs to be done to repair the road. Currently, there is a depression in the road resulting from the fault in the road;

— Allowed engineers and lawyers for the Colonie Country Club to approach the village of Voorheesville for accessing their municipal water supply;

— Approved a motion to contact Albany County for a survey concerning two stop signs needed for intersections on Orchard Street and Western Avenue; and

— Approved public advertisement for the town’s animal-control position, which is currently being filled by temporary staff.