I've been developing some interesting thoughts since attending these meetings. For example, I used to think that all open space was equal, and all bearers of open space to the town were treated the same. However, I may certainly be wrong, and here's the data to back it up.
- Open space created as part of an Open Space Development is subject to extensive and expensive "conservation analysis" and and the full cost is borne by the applicant; Open space created as a PDR is being evaluated by the Town (taxpayers) or its agents, at no cost to the applicant.
- Open space created as part of an Open Space Development is NOT counted as part of the Town's official Open space inventory in terms of acreage; Open space acreage created as a PDR will be fully added to the rolling total as "official" open space.
- Fees like survey, title, engineer, etc creating an Open Space Development are all paid by the applicant; fees involved in creating a PDR open space plan will be paid for by the town taxpayers.
On the contrary, anyone taking advantage of open space PDR and conservation easement is treated like a hero....for preserving land that was possibly not buildable in the first place. They get paid in the process, by giving up their rights to develop the property in perpetuity. (However, this doesn't mean that the property can never be developed, just not by them.)
These are the extremes and there are many shades of grey in the middle. I hope that while Open Space continues to be a priority for many property owners in Gardiner, it doesn't come at the expense of all taxpayers. I did hear one rather disturbing comment last evening, from a member of the committee who is a lawyer and should know better. The comment was in regard to the Wustrau lawsuit that is now unfolding, and it pertained to the possibility of that property suddenly becoming available as a PDR because of the lawsuit! How easy that makes it to make a connection between the fact that the SP zoning restrictions force ZBA actions, which can then be used to sue the town and the property owner. Land owners willing to give up their titular rights that they lost to zoning by force!
The Commission will be continuing their work. The meetings are open to the open to the public, like all town meetings. Concerned citizens should make it their business to know what the committee has planned for spending their tax dollars, and I'll try to keep you posted here.
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