To the Editor:
New York state requires its cities, villages, and towns to file their official map with the county, or counties, where the municipality is located. (Guide to Planning and Zoning Laws of New York State, section 270).

The map provides information for, amongst others, homeowners, prospective homeowners, and real-estate agents. The filed Berne map can be found at https://berneny.org/wp-content/uploads/9-Zoning2007.pdf.

This is not the map used by the town of Berne to enforce its zoning and building code laws. Since 2007, the town has used its own map showing a proposed historic district zone. Homeowners in this proposed zone have been required to pay a $60 work-permit fee surcharge and have had to pay for, or replace, building materials to adhere to special historic-district building codes.

The issue of laws being applied to a proposed zone has been brought to the attention of the town board and zoning board multiple times with no resolution. The response to an email sent to the town supervisor and town board in August merely pointed to the local map used by the town.

A more recent email was sent. The supervisor did not reply; however, the deputy supervisor replied, stating, “Despite the map reading ‘Proposed’ Historic District it was in fact Adopted in 2005 and does stand today.”

Included in the response were the town board minutes of Jan. 12, 2005 highlighting resolution 4B as proof of the existence of the historic district.

Resolution 4B reads: “Supervisor Crosier offered and moved the following resolution, seconded by Councilman Hamilton: Be it resolved that a historic district be identified in the proposed zoning ordinance maps as had been established in the current ordinance.”

This resolution only states that a historical district be identified on a proposed zoning ordinance map.  This is not a board motion to accept the proposed zoning map.

This explains why there are real-estate agents living in and outside of Berne who do not know of a historic district. People have purchased homes and have no knowledge of a historic district until the town enforces its special codes.

On Oct. 30, an email was sent to the town board explaining resolution 4B. The email also stated town board minutes voting to adopt the historic district have not yet been found, nor have minutes for a historic district public forum or the announcement of a public forum. As of this writing, there has been no response.

As explained to me by the Berne building inspector, “Ignore the proposed historical district on the map; it was never voted on.”  He went on to explain that there are two historic zones, labeled TN/MU1 and TN/MU2.

I asked how people are to know the districts are historic if not labeled historic? “They should know just by the name of the zone,” he said.  I don’t buy it.

After four months with no definitive answer from the town board, I am hoping publishing this letter will result in obtaining an answer, or more questions. Because it appears Berne does not have a historic zone.

Ken Guarino

Berne

Editor’s note: When the New York State Department of State was asked about Berne’s ability to enforce the historic district in light of the concerns raised by Ken Guarino, a spokesperson referred the issue to Berne’s building department. Building inspector Jon Heigel could not be reached to verify the quotes that Guarino attributes to him. Supervisor Dennis Palow and Deputy Supervisor Anita Clayton did not respond when sent a copy of the letter.