Concerns over how to best protect the Shawangunk Ridge prompted a discussion on the effectiveness of local code at the July 9 Gardiner Town Board Meeting. During the meeting, Board Member Carol Richman shared her proposed changes to the town’s Shawangunk Ridge Protection (SP) zoning laws. Referencing a February decision by the New York State Appellate Court, which determined that petitioners against the subdivision a 108-acre parcel within the SP district did not have enough grounds to challenge the Gardiner Planning Board’s approval of said subdivision, Richman emphasized the need to clarify the code.

“Our comprehensive plan says that we should be looking at changes to flesh out better language in our zoning law,” said Richman.

Richman said that she clarified the intent of the law and switched the order of the subsections to avoid confusion. She also said she added language so that development occurs at SP 1 district, located at the bottom of the slope, or, if not possible, at the next feasible location. In addition, Richman’s changes include language for planning board considerations.

The proposed changes prompted a debate over the need for town counsel to review them before sharing them with the public. Richman insisted this was not necessary, noting that the board always reviews drafts of potential code changes first. Other members of the board, including Warren Wiegand, questioned why an attorney wouldn’t review the draft before it went out to the public.

Supervisor Marybeth Majestic said she was not prepared to act on Richman’s proposed changes and noted that the town will do their homework and the matter will be on the August agenda.

During the meeting, two Gardiner residents addressed the Shawangunk Ridge issue, each disagreeing on how to best protect the land. One resident, alluding to the February court decision, said it “put a cloud on an essential tool for ridge preservation” and encouraged the board to clarify the intent of the town so that future applicants understand the law. The other resident contested the idea that lowest elevation point is the best place for development. He argued that limiting land-owner rights would be worse for ridge protection as private owners tend to be better stewards of the land.

The town board addressed other environmental issues including the execution of $10,000 and $100,000 grants for Climate Smart Initiatives. Board Member Franco Carucci explained that the smaller of the two grants was for the conversion of town-hall lighting to LED, while the larger grant was for implementing solar at Town Hall. The latter prompted a debate on where to place the solar, with some discussion on putting solar panels elsewhere in the town. Carucci reminded the board of the need to act quickly to not lose the contract with NYSERDA. He also informed the board that the town needs to determine how to spend a newly received $175,000 grant.

At the meeting, the board discussed possible nominees for an open position on the town’s Environmental Conservation Commission. Majestic named her preference for a younger candidate with an enthusiasm for the outdoors.

“He is the youngest person ever interviewed for a volunteer board,” said Majestic. “He would bring interesting and different perspectives.”

Wiegand affirmed Majestic’s views and shared how impressed he was with the candidate’s interest.

Other members of the board, including Richman, disagreed with the Supervisor’s pick, noting that the candidate hasn’t attended any ECC meetings, nor has he returned her messages. She also claimed the other applicant wants to stay, has experience in environmental issues and is dedicated to the ECC. Board member Michael Hartner agreed, highlighting the applicant’s degree in geology and work in the environmental field.

As Carucci attended the meeting remotely, the board could not vote on the matter, however he did weigh in, agreeing with Richman and Hartner that the board should reward folks for long-time service and that he did not know enough about the Supervisor’s nomination.

In other committee news, the board approved the appointment of Tom Penichter as coordinator of the Gardiner Smart Housing Task Force. Among the issues to be addressed by this task force is the impact of short-term rentals on community members. During the Town Board meeting, the members discussed the need to firm up local Short Term Rental (STR) policies due to their growing popularity. Majestic noted that her views on the matter have changed from when the town first began discussing STR laws.

Wiegand shared some issues for the board to consider when drafting the code including clarification on who can own an STR, how many licenses the town wishes to grant and what types of housing would be eligible. He also referenced the Ulster County bed tax, which monitors STR advertising to ensure taxes are being collected on these properties and noted that many STR operators are not going through the approval process.

Wiegand also noted the importance of educating the public on town code. “Owners and renters are running amok. We as a town must educate people on what their responsibilities are,” he said.

During the discussion, Richman asked about the possibility of invalidating contracts that go against newly adapted STR law. Board Member Franco Carucci countered that there should be a more gradual phase-out process as bookings can happen many months in advance.

Majestic urged the board not to “put the cart before the horse,” noting the need to adopt local law first and for the board to agree on many issues. She also encouraged residents to reach out and reminded them that there will be public hearings on the matter.

The Gardiner Building Department, via its report submitted to the board, offered suggestions on how to better manage STRs. The department noted its limited ability to regulate these properties and suggested the town should adopt a registration process, at minimum. It also referenced the city of Ithaca’s STR law as a guide.

The board also addressed the Building Department’s recommended changes or additional fees. Majestic noted that these changes would make the town of Gardiner more in line with neighboring communities. In addition, the Supervisor responded to a public comment regarding the use of commercial dumpsters in residential areas, saying that the town would first need to establish a trash receptacle law.

The town of Gardiner will now have additional legal support thanks to its new engagement with the legal firm Rupp Pfalzgraf. The firm will help the town with land use matters and one of its first orders will be to aid the town in updating its local sewer law.

In addition, the board approved a contract with the Wallkill Valley Land Trust to monitor easements.

The town of Gardiner is looking to improve the efficiency of its communication with a new contract with Charter Communications to increase its internet speed at Town Hall. Furthermore, the Town Board approved Majestic’s request to change the town’s contract with ZOOM to provide better hosting of meetings.