Town of Richfield Land Use Planning Through the Years - What is adequate for today?

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“Curiosities of Columbia”

By Donna Rubin, Town Historian Now and then, a particular family history draws attention to itself, in this case for its exceptional commitment to the education of its daughters. At a time when our town’s 12 “common schools” provided Columbia’s youth a free education through only the eighth grade, few opportunities were available to continue “formal” education. The expense of attendance at private “select schools,” academies, and seminaries could divert precious family resources, and geographical distance removed the young student from the family’s labor pool. When a family made it possible for one or more of its children to continue on to the secondary level, there could be sacrifices required by all involved. Such a family was the Lyman and Elizabeth Tisdale Huntley household of South Columbia. Lyman Huntley’s parents migrated to this area from Lyme, Connecticut, settling at Exeter, in Otsego County, where they raised a family of 10. Lyman (18091901) married Columbia resident Elizabeth Tisdale (1804-1879,) and they established their home (gone now) at South Columbia, just west of the railroad crossing, on the north side of McKoon’s Road. Lyman and his wife also had 10 children (6 boys and 4 girls), all reaching adulthood except baby Henry, who was buried at Millers Mills. Two sons, Lester and Wilkins, gave their all in the Civil War. After teaching school for several years, Lyman was ordained a Baptist minister at Jordanville in 1845. He eventually became a shoemaker, harness maker, and saddler and conducted business at South Columbia, later taking his youngest son, Lemuel, into partnership as L. & L. Huntley. Lyman was described as “a man of scholarly tastes, a great reader and a theologian who had unbounded admiration for the late Henry Ward Beecher and his writings….” It’s not surprising that his chosen life partner, Elizabeth, was said to be “a cultured woman…, an educated, intellectual Christian lady.” It follows that their children were raised in a home where a high value was placed on learning, the written and spoken word was revered, and expectations included the lifelong pursuit of knowledge. After finishing 8 years at the little South Columbia schoolhouse just down the road from their home, the obvious choice for the Huntley children was the Whitestown Seminary, a Baptist affiliated secondary institution 4 miles west of Utica. All four of Lyman and Elizabeth’s daughters: Emeline, Eusebia, Julia Cyrena, and Lydia, boarded and attended classes there at various times between 1854 and 1868. Brothers Sanford and Lemuel also attended Whitestown Seminary, so that during many terms there were 3 Huntleys registered at the same time! Sanford eventually married a classmate, Abi Townsend, and their tale is also an interesting one. Next time, in observance of Women’s History Month, the story continues with Eusebia and Abi, and the fascinating lives they lived.

Lyman Huntley (1809-1901) from Lyme, CT; then Exeter, settled in Columbia when he married Elizabeth Tisdale (1804-1879). They had 10 children they boarded at the Whitestown Seminary, a Baptist affiliated secondary institution located 4 miles west of Utica from 1854-1868.

WEST WINFIELD STAR

WEDNESDAY, MARCH 6, 2019

Town of Richfield’s Land Use Planning through the Years What is adequate for today? By Tammy Graves, Correspondent

Public Meeting followed by Public Hearing March 12 at RSCS Cafeteria 7 PM / 7:45 PM

The Town of Richfield has land use regulations that were adopted in 1992. Land use is a complicated topic. The intent of this article is to summarize where the Town of Richfield—regarding land use/zoning—has been, what it currently has, and what is proposed. The Draft Town of Richfield Zoning Law Update (Draft ZLU) proposed changes will be presented on March 12, 2019 at a public meeting being held at the RSCS Cafeteria at 7 PM. A Public Hearing will follow at 745 PM. (Snow date is Thursday, March 14) In addition I hope to convey in this article, the current generally-accepted land use principles and procedures; including how those land use standards advance a community’s ideas into completed projects for attracting business and residents. The March 12th Draft ZLU public hearing is the outcome of four years of Town of Richfield residents providing questions, answers, comments, research, and evaluation to develop the Joint Comprehensive Plan and subsequent zoning regulations consistent with implementing goals set forth in the Joint Comprehensive Plan adopted by the Town in January 2018 and the Village December 2017.

Following the current land use standards of NYS law, zoning can be enabled by a municipality but the law must be consistent with the municipality’s comprehensive plan. It is common practice to update a comprehensive plan and correlating zoning every 5 to 10 years. The 1992 land use ordinance cites a comprehensive plan, however it does not meet state standards.

IT BEGAN IN 1970 This Draft ZLU suggests a new chapter of land use planning efforts—the first in 1970—in the Town of Richfield. In the 70s, residents’ volunteer work resulted in the town’s three main activities being defined and documented as districts: 1. lake property, 2. business and 3. agriculture. Outcomes of these volunteer efforts were not long-lasting due to conflicting wants from zoning. “There is definitely a philosophical component to zoning,” says Nick Palevsky, Town of Richfield resident is a proponent of keeping what the Town has, the 1992 ordinance. “There has always been concern about zoning in the town.” Palevsky served as Town of Richfield Supervisor from 2001-2005. He is currently Confidential Secretary to the Supervisor, Paul Palumbo.

TURNING IDEAS INTO PROJECTS MARCY-SOUTH POWERLINE OPPONENTS Money drives ideas from vision to reality. Grant The Marcy-South Powerline project suggests another funding is a viable option to chapter as resident and landexecuting safety, recreation, owner opposition is recorded commerce and infrastructure in the Town of Richfield minprojects. Cyndy Andela of Anutes June 6, 1985. dela Products and Ruby Lake The first Town Planning Glass of Richfield Springs credBoard was appointed May its the Town’s adoption of the 7, 1987, per Town minutes. Joint Comp Plan for Gov. Cuomo The Town’s first ordinance, awarding her $950,000 in Dec adopted in 1989, regulated 2018 for a Richfield Business mobile home parks. Park project. From that point, the PlanFunding sources favor projects ning Board began reporting tying into a broader vision as cited in a community’s their progress on developing land use and subdivision comprehensive plan and permitted by correspondregulations to the Town Board. ing zoning regulations. In fact, there are applications A subdivision ordinance and Land Use and Building which require an adopted comprehensive plan to be Maintenance Ordinance was adopted Sept. 17, 1992. eligible to submit a funding request. Continued on page 9...

Community Center Announces New Program: SOUPer Seniors The Richfield Springs Community Center extends an invitation to all senior related ages in Richfield Springs and surrounding areas to its first SOUPer Seniors complimentary homemade soup lunch on Wednesday, March 6 from 1130 AM to 130 PM and each Wednesday thereafter. For this first lunch, homemade soup will be offered as well as fresh bread or rolls and coffee or tea. However, plans are to expand to include age specific activities and programs. They welcome all suggestions.

The Center’s mission with this new program is to increase community, social and physical engagement of seniors in this area. Loneliness and/or lack of social interactions are two of the greatest factors for cognitive and health decline in any senior population. The Richfield Springs Community Center is located on 6 Ann Street. Follow Walnut Street, just off US Route 20, to the Center. For more information on SOUPer Seniors, other Center programs or to rent the facility please call Lisa at 315.858.3200.

“It is with great sadness that after 25 plus years in business we will permanently be closing our doors. We would like to thank all of our customers for your support and business over the years. We have made so many great memories together. You guys will truly be missed. We will be keeping regular business hours for this week. We will be throwing a fairwell party Saturday March 2nd from 2-8 and closing at 8 PM. March 3rd-5th our hours will be from noon- 630 PM with March 5th being our last day.” Park Inn Facebook post Park Inn is selling its bar-servicing items. If you are interested, please stop in March 5-9. Everything must go. Inquiries for renting the space being vacated by the Park Inn may be directed to JGB Properties. Photos credit: flickr by Carolyn, Lockport, N.Y.


WEDNESDAY, MARCH 6, 2019 cont’d from page 8...Town of Richfield

WHAT DO YOU WANT? WHAT DON’T YOU WANT? During Palevsky’s Town Supervisor tenure, in 2002, the Otsego County’s economic development entity asked the Town Board “what type of business they want and what they don’t want” (May 2002 Town minutes). The County’s Industrial Development Agency owns property in the Town of Richfield. This is a possible site of the Richfield Business Park, which is a $5 million project spearheaded by Cyndy Andela with her partners. Today, the Town of Richfield refers to their Joint Comprehensive Plan and their 1992 zoning ordinance to answer the questions “What do you want? and What don’t you want?” Andela reported that locating her Richfield Business Park on the IDA property requires creating a water/ sewer district in the Town and installing the infrastructure. “I met with Lynn Bass of IDA about people that wanted to go in there when I was supervisor. One was a cogeneration and the other was warehousing,” remembers Palevsky. “There was a lot of talk about the water and sewer districts. The costs would be borne by the Town so my answer was let’s see a real commitment. Let’s see a contract and then we will get the utilities there.” As is common development practice, Andela’s project requires installation of the water/sewer extension lines. “Without a more updated zoning law, the Town and Village will be at a disadvantage for infrastructure planning and jeopardize their eligibility for funding,” says Dan Sullivan who is a member of the Zoning Commission with other town residents, Brad Smith and Carol Frigault. “Maps are so important. It is imperative to know where you are putting things and what the size is.” Sullivan explains there is one copy of the zone district map for the 1992 ordinance in the Town Hall. In his assessment it is NOT to a level of illustrative detail. Engineering is based on precise mapping. This allows one to complete a funding application which makes sense to reviewers whose evaluation involves referencing clarifying, explanatory district maps. MODEL LAWS AND FUNDING Otsego County Planning Office provided a model land use ordinance in 2001 and indicating another chapter benchmark. Pavlesky asked for land use input and the Board directed the town attorney to work with the Planning Board, according to Town minutes Feb. 18, 2002. With a $2,500 county grant, the Town Board (Jan 2004) hired an individual to review the 1992 ordinances, collect input from members of all boards and then draft a revised land use ordinance. “The biggest change we made, and I’m not sure why, was to eliminate 12 uses,” says Palevsky about amending zoning laws in certain districts in the 1992 ordinance. He explains a farm use or residence use do NOT need special permission. Applying for a special use permit is the requirement for any use OTHER THAN farm or residence. WIND TURBINE OPPONENTS Opposition to a land use project spurs heightened scrutiny of existing land use regulation. A permit issued in 2010 for commercial wind turbines in the Town of Richfield was similar to the Marcy-South Powerline opposition. A consensus of residents were saying “we do not want this.” When Otsego Now/Industrial Development Agency presented an opportunity to the Town of Richfield for conducting a community-wide planning process—the approach to land use planning since 1990—in partnership with the Village of Richfield Springs, it began the land use chapter that brings us to the public meeting and public hearing on March 12th. “It lays the foundation for the future of the municipality with a community vision, updated zoning ordinances, and reviews of potential “shovel-ready” commerce park sites,” as stated on OtsegoNow.com. MATCH ZONING LAW with COMPREHENSIVE PLAN and STATE STANDARDS As mentioned before, the NYS zoning-enabling statutes require community’s land use regulations/zoning to be consistent with its comprehensive plan. Non-land use goals are also being pursued by the Town of Richfield. A Complete Streets policy has been adopted by Town to address the goal of Walkability Transportation, Business Development, Recreation. The Village is still drafting its Complete Streets policy and its Zoning Committee is expected to have its public hearing in May or June. Dan Sullivan has enjoyed studying planning as a

WEST WINFIELD STAR hobby since high school. He utilized resources from Pace University in White Plains, NY available to him as a Pace Land Use Law Alliance member. “It’s one of the most useful land use courses of study in New York,” says Sullivan, class of 2007. “It’s a rigorous 40-hour training with additional independent course work to complete.” He states the Draft ZLU meets all state standards. Following a blind review, an American Institute of Certified Planner employed in New York confirmed the 1992 ordinance does not meet state standards. “The current law warps the intended purpose of the special permit,” says Sullivan. “A special permit application is to be in context with an allowed use.” The Draft ZLU has over 70 allowed business uses. Sullivan uses this analogy in comparing the 1992 ordinance and the Draft ZLU, “It’s like when you are fixing a car. You got the owner’s manual, but can’t fix it. You need the shop manual. The thick manual the mechanic has. Professional zoning ordinances get to goals that a simple owner’s manual doesn’t.”

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RSCS and Edmeston Boys Varsity Basketball Teams Go Down to Marathon In Round 2 of Section IV Class D Boys Basketball Sectionals, #11 RSCS lost to #3 Marathon (38-64) on Saturday, Feb. 23. Congratulations to first-year RSCS Varsity coach, Nate Rittenburg and the team. Best wishes to senior team members Marcus Hammont, Keith Widger, Bretten House and Aaron Bond. From there, #3 Marathon moved on to defeat #2 Morris in the next sectional round on Thursday, Feb. 28 while #4 Edmeston defeated #1 seed South Kortright to move into the Title Game against Marathon.

1,000th POINT for EDMESTON SOPHOMORE The first Edmeston points of the afternoon came courtesy of two free throws from Josh Martin were Edmestons first points. The second Martin free-throw was the sophomores 1,000th varsity point. The Panthers’ underdog run ended with a loss to THREE PERSPECTIVES Marathon, 66-57, at SUNY Oneonta on March 2, 2019 Pavlesky says he is skeptical of how quickly the zon- in the Title Game. ing committee/commission developed a 100-page law (Draft ZLU) and it is not appropriate for the Town of Edmeston ….. 14 7 19 17 – 57 Richfield. Marathon ….. 13 19 13 21 – 66 Together, Otsego Now and NYS Empire State Devel- Edmeston: Luke Ough 3 0-1 7, Garrett Lum 2 0-1 5, opment funded ($200,000) the overall plan and strat- Parker Robinson 6 0-3 15, Josh Martin 6 4-4 18, Derek egy, complete with a task schedule that can be found Lyon 5 0-2 12. at otsegonow.com. The funding was approved contingent on specific outcomes, timeline and hiring techni- Marathon: Andrew Tillotson 5 5-10 16, Diego Castelcal assistance. Elan Planning of Saratoga Springs, NY lot 5 0-0 12, Mason O’Donnell 4 1-4 9, Michael Hoyt 0 provided technical assistance and facilitated the task 0-1 0, Owen Hoyt 4 9-10 19, Kenyon Depuy 2 1-1 5, schedule for the Joint Comprehensive Plan and initiCaleb Ticknor 2 1-1 5. ated the start of the Draft ZLU. Glenn Armstrong is point of contact for the Land Three-point field goals: E 7 (Ough, Lum, Martin 2, Use Planning committee in the Town of Warren, which Robinson 3); M 5 (Hoyt 2, Castellot 2, Tillotson. adopted its comprehensive plan three years ago. Carol Frigualt has been the point of contact for the Town of PUBLIC MEETING AND PUBLIC HEARING Richfield Zoning Commission. The Richfield Zoning Commission has reserved the “It’s a frustrating process to write legislation when it Richfield Springs School Cafeteria on Tuesday, March is not your full-time job,” says Armstrong. “To make the 12th to hold a presentation followed by a public hearcomp plan effective, we are doing land use planning. All of our laws have to be consistent with the compre- ing on the Draft Town of Richfield Zoning Law. The Presentation will be begin at 7:00 PM featurhensive plan.” The committee began monthly meetings three years ago and has since had one member resign. ing Karen Sullivan, director of Otsego County PlanThe Town of Warren committee set out to make their ning Department, who will speack about the importance of zoning. land use regulations simple. The Public Hearing will begin at 7:45 PM “We wrestle through the process figuring out what Snow Date: Thursday, March 14th, 2019 you want to allow, not allow and where it can go. And you work to find a way to strike a medium,” says Armstrong. “Our simple document keeps growing in length You may review documents referenced in because the attorney says it needs to be a document the article at the Town Hall, that can be enforced. The attorney advises us to have Village Library and online. a uniform, well-defined permitting process.” Solar is next month’s discussion topic for the Town of Warren Land Use Planning Committee. TOWN OF RICHFIELD CLERK OFFICE HOURS Fifteen pages of the 106-pg Draft ZLU is definitions Mon and Wed: 9 am-1 pm and another fifteen are for ease of use, illustrating the Tue and Thu 2 pm-6 pm procedures and introduction. Closed every 4th Tuesday and Open every “It is much harder to be told no,” says Frigualt of the 4th Saturday 9 am-12 pm each month Draft ZLU compared to the 1992 ordinance. Chris Corrigan is the Town of Richfield Land Use Of- PUBLIC LIBRARY HOURS Mon 11-5 | Tuesday 11-8 | Wed,Thurs + Fri 11-5 ficer since appointed by the Town Board Jan. 21, 2019 Saturday 10-12 succeeding Margaret Woodrow. Pavlesky, the opponent, and the Zoning Commission share the claim of “too much discretion left up to http://www.townofrichfieldny.com > Click Local Law tab individuals.” Pavlesky argues the Draft ZLU gives “too much neighAFTER the PUBLIC HEARING on MARCH 12 borhood character interpretation is given to the planThese are the next steps and actions, in sequential ning board.” Frigault argues the current 1992 ordinance is sub- order, for The Richfield Zoning Law to take effect. jective because planning board members have inter- 1. Zoning Commission reviews comments from public pretation to the eight standards for special use permit hearing and makes changes as needed procedure. 2. Planning Board will again review the draft law “This is a living document giving everyone a tool to 3. Zoning Commission generates and presents its work with,” says Smith. “It’s a starting place with provifinal report and final draft law to the Town Board sions to make changes.” Frigault adds zoning prevents legal actions for the 4. Town Board reviews law town and between neighbor-to-neighbor when it con- 5. Town Board has public hearing for law tains well-defined guidelines, thoroughly explained 6. Town Board sends law to Otsego County Planning procedures and enforcement. The purpose of zoning 7. Town Board votes on law has become to avoid legal proceedings. 8. Town Board files law with NYS Dept of State A side note of interest: While reviewing Town minutes from 1985-2004 the issue regarding permanent community recreation fields for youth was a desire 30 years ago. It remains a desire today. Editor’s Notes: In 2016, the Town of Otsego Land Use Law, adopted in 2000, resolved an encroachment issue between Tammy Graves and her neighbor. Graves wrote grants for agriculture development projects from 2001-2006. Her employing county’s Agriculture Farmland Protection Plan was a prerequisite to being eligible to complete the funding applications.

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