Hipocrasy of the "Friends" and their friend.

In a court decision dated February 6, Judge Christopher Cahill dismissed the Friends of the Shawangunks Article 78 lawsuit against the Town of Gardiner Zoning Board of Appeals and the Wustraus, who own the property at issue.

The Friends of the Shawangunks does not believe that the Court substantively addressed our contentions regarding the scope of the Gardiner Zoning Board of Appeals' authority to grant a variance from certain of the Ridgeline restrictions. We continue to believe that the language of the Ridgeline local law precludes certain variances that the ZBA granted in this case.

GRIP copied the information above in blue from the "friends" website, announcing their appeal of the loss of their court case against the Wustraus and the town of Gardiner. They are appalled at the nerve of a landowner to try and put a 3,500 foot driveway on their property so that they can access the land and use it!!!

The paragraph below, on the other hand, is from the Mohonk Preserve website. Mohonk Preserve partners with the "Friends of the Shawangunks" group on their environmentally zealous actions against property owners. As you can see, the Preserve has many many miles of "carriage roads" that they are using our tax dollars to renovate and preserve. The differnce between a carriage road and a driveway are merely technical...but the purpose of each is to allow easy access to property so that people can enjoy it beauty and use it. However, Mohonks' carriage roads are projected as historic wonders deserving of preservation, and their existence is celebrated by all of the land trust groups. However, a single driveway, constructed by landowners of more than 100 years, is considered "scarring" the landscape and a potential environmental disaster.

This is hypocrasy at its highest level. We believe that the Wustrau family will prevail again in the courts, as is only right. "Friends", what will you do when NY State starts to put in a campground with roads galore? We hope that you are as fast to take the state to court as you will be the Wustraus!

A generous grant from the New York State Department of Transportation and the support of members and donors is funding the first major restoration of the Preserve’s 25-mile carriage road network in its more than 130-year history.

Begun in the fall of 2003, the first phase of the project includes the restoration of almost 9 miles of carriage roads in the southern Preserve. This phase is expected to be completed in 2007.

In 2006, the Preserve teamed up with ridge partners to plan expanding this to a multi-agency effort, including restoration of carriage roads on the neighboring Minnewaska State Park Preserve. Through this collaborative effort, partners hope to restore 62 miles of carriage roads over a projected three-year construction phase.

The Preserve's partners in this effort include the Palisades Interstate Park Commission and the New York State Office of Parks, Recreation and Historic Preservation.

Driveways Bad....Roads OK?

The town of Gardiner is currently dragging their heels over revising a restrictive law that puts a maximum driveway length in Gardiner at 1200 feet, and 2,500 feet if you can get a variance. The enviro-nuts and some town board members claim that having a driveway will "scar the landscape" and permanently ruin not only the ridge, but the view of the nameless tourists who flock to Gardiner to look at it. Horrors of horrors!

Never mind that meanwhile, some people can't even get to their land because they are not allowed to put a drive way in long enough to get to it.

On the other hand, here's an excerpt from a recent Mohonk Preserve mailing, asking for money for their "carriage road" restoration...

The Preserve's 30-mile carriage road network is currently undergoing a mile-by-mile restoration. In its 138-year history, the carriage roads have grought countless people into this beautiful wild area, providing an easy way for all to access this breathtaking property. ...........this necessary maintenance includes drainage repair, culvery replacement, stone retaining base work, and resurfacing. such repairs prevent deterioration and stabilize the historic road infrastructure, while making your access easier and your journey more enjoyable".

This sounds like "scaring of the landscape" to me. So, the Smiley family wanted to make sure that tourists can easily get to the Ridge and traipse all over it, but the Town of Gardiner wants to make it impossible for a few property owners to be able to access their land...at all.... never mind easily by car.

A non-taxpaying entity is allowed to repair their 30 mile road network....but tax paying private landowners are not allowed to build a single driveway. A very disturbing state of affairs in Gardiner.

Town Board Disappoints Big Time

What a bunch of losers! The Gardiner town board voted 4-1 the other night to vote in one of the most sweeping and repressive zoning laws you can ever imagine. What doo-doo this town is in for now! One can only wonder which part of the zoning will be the target of a lawsuit first...the cell town height, the lack of due diligence on SEQRA, the fact that it will cost every homeowner or property owner a fortune to even think about using their property for anything but the "view"?

The biggest loser in this whole mess is the people of Gardiner. I'm sure most of them hardly know that the law exists, much less how it will affect them, until it comes time for them to want to subdivide 9 acres (can't!) put a home on the mountain (can't), or even have a favorite backhoe as a lawn ornament (can't!).

They already have a list of items in the law that need to be changed (fat chance) even before the ink is dry on the law. I forsee nothing but trouble ahead for the people of this town.

"Foes of Shawangunks" Losers

The group calling themselves "Friends of the Shawangunks", (we prefer to call them Foes) recently lost an Article 78 court decision in Ulster County Supreme Court. The suit had been filed against the town of Gardiner ZBA and Joan and Werner Wustrau. The "friends" were upset that they town ZBA was allowing variances for the Wustraus to build a driveway in their ROW allowing them access to their 40 acres on the ridge that has been in their family for over a 100 years. "Friends" stated on their website that they were going go appeal the decision for several reasons, being that the the "Supreme Court was simply wrong" in their decision, and that "this project would set an unacceptable precedent for other property owners to use in seeking developments that would harm the Ridge". How dare those property owners want to use their land!

So, the self proclaimed dictators of the ridge apparently know better than the property owners of 100+ years, the Town of Gardiner ZBA, and the Ulster Country Supreme Court....what is and isn't good for the ridge. They have nothing whatsoever to do with this property.....except that they want to dictate what can or cannot happen on it. What arrogance. And, they want to assure that not only can't the Wustraus' build a driveway, but NO ONE can build a driveway....on the ridge, or any other such "unacceptable signs of humanity!

One has to wonder why the "Friends" are spending so much time and effort (and money) to prevent the Wustraus from using their land instead of railing against Mohonk Preserve, the private park that has thousands of acres and many miles of "carriage roads" that carry hundreds of thousands of visitors up and down the Ridge every year. How many scars on the landscape does that cause.?

Is smaller smarter?

We attended the Gardiner Town Board deliberations about the proposed zoning law. Many things came up, but among them was one which you would be interested to hear.

Density, or lot size, was the subject they tackled. That being the part of the zoning which had caused the most public objection. They are agreed that a benefit will be given developers who set aside most of their land as open space. The benefit will be more housing units allowed in direct proportion to the amount of open space reserved. So, one can visualize a small corner of a project having a cluster of multi-family units. Little bits of urbanization dotted around the town, surrounded, of course, by the open space desired by some.

The question that was never addressed was this: Do people really want to live that way, all crammed together in a city- like "home"? Our observation has been that people have been moving here, and have stayed here, to live in a home separate from others on a piece of land they can call theirs.

Janet Kern spoke of a need for "inclusionary housing" for teachers and others "who work for us". Look around at some of the fine homes in Gardiner. Many of them are owned by teachers, highway department staff and other town employees. They would not want to live in Janet Kern's 900 SF inclusionary house.

So who would these multi-family versions of urban "togetherness" suit? No one from Gardiner, that's for sure. Outsiders might pour in to fill them. Think about it !

Snow Day

GRIP has taken a snow day. With almost a foot of snow falling last night, clearing up and getting out took priority. So, with much shoveling, grunting, and snow tossing, and some help from my friend Mike who has plow, we are cleared out enough to get in and out of the driveway. Paths are shoveled to allow the GRIP writers access to the office/computer from the house, and all is well.

GRIP even got out the dusty cross country skis, which had been languishing for a few years in the basement. Like riding a bike....in no time we were gliding across the virgin snow, making tracks and blazing trails. Our trusty dog Tiger was cavorting mightily, and fell for the snow "ball" throwing for him.

Tomorrow, (or even sooner) there will be some stiff and sore muscles to follow up our physical recreation and mini Olympics. Both GRIP writers and trusty dog Tiger will be needing some Ben Gay!

Oh, and it's wonderful to be able to enjoy my property, and "recreate" without the town butting in and telling me I can't!

Hitting a Raw Nerve, or just Right?

GRIP founders have been speaking out in Town Hall about the proposed zoning changes, and these comments have been picked up and quoted in the local press, most notably the Kingston Freeman, who have been following and reporting on the meetings. We were somewhat surprised by the Freeman's sudden interest, but we welcome their reporting on the subject. GRIP, apparently has come to be known as the "rest of the story" and the voice of many property owners in Town Hall.

How do we know this? Well, people tell us. We get "thank you"'s all the time from ordinary folk who may not feel able to stand up in town hall and speak out themselves. They pat us on the back, say thank you in person, and send us E mails. However, sometimes when we speak out, we hit a raw nerve with those who insist that we are wrong in our views, and even that the newspapers are wrong to quote us!

GRIP was searching on line to read a 12/11 article by Freeman correspondent, William Kemble, when we noticed a "comment" about the article from Mr. Steven Fornal, from Accord, NY. Really, Mr. Fornal wrote a scathing retort to our quoted comments about inclusionary housing that we presented at Town Hall last Monday night. (See previous blog). In it, Mr. Fornal states that GRIP members do not know what we are talking about, and that we are "skewing information to rile people up to defeat the code." Well, we admit that we are riling people up to defeat the code, which is exactly what GRIP is about, and what Public Hearings are meant to be about. But his ire is that his idea of reality, and ours, are totally different.....and that we have the nerve to state our point of view.

Mr. Fornal says that GRIP is "ignorant of the issue being discussed". However, GRIP members have read, many times, every single word of the proposed zoning code, along with the numerous drafts and changes that have been made over the last several years. GRIP members have read all of the EAF documents that accompany the proposed zoning code. GRIP members have also read and studied documents relating to the proposed code from NYS Department of Agriculture and Markets, Ulster County Planning Board, Gardiner Planning Board and Town Planner David Church, and others. GRIP members have read and studied all of the town Master Comprehensive Plan that the proposed zoning code is purported to be based on. GRIP members have been present for hundreds of hours of discussion, deliberation, and public hearings about the proposed code, and listened to members of the Town Board, Joel Russell the planner/consultant writing the code, and members of the public who have spoken out, both for and against the code.

Has Mr. Fornal done any of these things? We doubt it very much.

Mr. Fornal did us a favor, however in coming up with his definition of the "property rights issue", which is "unlimited rights for only a certain distinct minority of land users to the abject detriment of the majority residential property owners". GRIP does not agree with Mr. Fornal that this is the definition of property rights, but we find it fits perfectly our idea of what the current proposed zoning code is.