Wayne residents criticize proposed land policy

WAYNE--Over 100 Wayne residents crowded in the town hall for a public hearing about changes to the town's Land Use Regulations (LUR), Tuesday, Aug. 14. Many speakers, allotted two minutes each, expressed animus toward the proposed policy for imposing new regulations on land owners without democratic consensus.
The 113 page LUR--available on the town of Wayne website and at the town hall--will be subject for public comment via towclerks@roadrunner.com until the next town board meeting Sept. 11, when the board plans to vote to institute it as local law.
Town attorney Laura Smith said she expects the LUR to be in final stages, since the proposal has been approved by Steuben County and requires only board approval to become effective. If the public hearing Aug. 14 was any indication of proceeding discourse surrounding the LUR, the next three weeks will include more questions from residents concerned about their property.
The proposed LUR divides Wayne into 10 land use zoning districts: three for lakeshore residences, two for hillside conservation, one for agricultural use, one corridor district, one for industrial development, one for hamlet-scale development and one for municipal use.
Two overlay districts are included, but they are overseen by the local government. Private use of overlay districts is possible through a multi-step application process, joined with a fee and a statement of environmental or visual impact, depending on the circumstances of the parcel.
Town Supervisor Stephen Butchko said these regulations are intended to address ongoing innovations in the area's real estate and replace the current "one shoe fits all" approach, which includes the vast majority of the town in one single agricultural district. Butchko pointed to new additions in real estate over the last ten years that extend beyond agricultural use--restaurants, lodges and breweries--which fundamentally change neighborhood regulatory requirements.
"That type of neighborhood is uniquely different than, say, Sylvan Beach," Butchko said. "Having all these rules and regulations will make everybody fit into how the neighborhood has evolved."
The proposed regulations operate by "Best Practices," aimed to provide for Wayne's economic growth without squandering its cultural, aesthetic and environmental capacities.
They include, "approaches to developing the land in a manner that utilizes current scientific and engineering knowledge to limit, to the extent practicable, our impact on the community and the environment."
"Preserving the physical characteristics that residents and visitors love about Wayne will require effort but will also ensure that Wayne continues to be the quiet and beautiful place that we know and love."
Each zoning district would entail its own set of policies, including permitted use, parcel dimensions and the application process for obtaining a building permit.
Community members were concerned about properties that would no longer comply with new regulations. Butchko assured the crowd that these would be considered "non-conforming" properties, and they would not have to conform their parcels unless they posed a safety hazard.
Proposed regulations state that the town planning board may require members of all districts to submit a site plan review that includes a visual impact statement to demonstrate the project would not have adverse environmental or safety hazards. Resident Kurt Falvey admonished these requirements, saying they give the planning board wide discretion.
"We do all the work and now the town owns that right?" Falvey asked, garnering applause at the end of his two minutes. "There are so many things wrong in this. I'm glad we'll be able to email them to you, and I hope you'll listen."
Jay Martin, a local farmer on Keuka Hill Road, moved to Wayne two months ago because of the freedom local agriculturalists are known to enjoy. Having relocated from Lancaster, Pennsylvania, where his 10 acre farm was heavily regulated by the local government, Martin is "skeptical" about the new policies.
"I just hope they stay rural-minded, and lake people can have their lake view and farmers on the hillside can do what they need to do," Martin said.
The tension comes from the fact that residents must comply with new regulations which most did not have any direct democratic influence in creating.
"I think many of us here are not concerned with the regulations but the making of the regulations, and I'm going to be watching very carefully," Gary Prawel said, garnering applause from the other residents.
Planning board chair Stan Witkowski said the LUR's development was not restricted since board meetings are open to the public.
Mary McCall asked how it was feasible for the planning board to account for the several concerns regarding an extensive and nuanced policy proposal and comprehensively reflect them in the final statutory product.
"When you hear all these different opinions, how can you pass something and say, 'This is what's going to be'?" McCall asked. "I don't understand, without a public referendum, how this can be done."
Town board member Julie Haar assured McCall that she would take their concerns to the legislative process as their elected represented.
"As a board member, I listen very closely to my constituents about all these things you're concerned about. I also have my own concerns," she said. "I'm hearing some strong opinions in a certain direction."