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Date Posted: 16:48:25 03/21/09 Sat
Author: Marcus J. Molinaro
Subject: Of interest...

March 19, 2009

Honorable David A. Paterson, Governor
New York State Executive Chamber
State Capitol Building
Albany, New York 12224

Dear Governor:

A preexisting and ongoing zoning issue in the Town of Copake demands your immediate attention and swift action. For years, Lackawanna Properties, LLC has attempted to construct buildings under the guise of agriculture when.

Momentarily placing aside my outrage, I wish to make you aware of a March 11th letter sent from the Department of Agriculture and Markets to Town of Copake Supervisor Reginald Crowley and Planning Board Chairwoman Marcia Becker concerning Lackawanna Properties, LLC. In response to a request made by attorney Anna Kirschner on behalf of Lackawanna Properties, LLC, in accordance with Agriculture and Markets Law S.305-a(1), the Department found that the Town of Copake’s site plan process, as applied to Lackawanna, LLC, was unreasonably restrictive. I believe this finding to be inappropriate and unnecessary at best, outrageous and mystifying at worst.

I recognize the Department’s responsibility under the law to provide such consideration and render judgment based on a thorough review of the facts and conditions presented. The Department’s conclusion, however, ignores basic application requirements while disregarding the long history of environmental and local law offenses perpetrated by the applicant. Furthermore, the findings jeopardize the ongoing enforcement action undertaken by the Town, consent decree secured by the Attorney General of the State of New York, and concerns articulated by the community and Department of Environmental Conservation. In my opinion, this report represents an egregious departure from the State’s responsibility to assist its local government partners and protect its citizens.

Having served in local government for a number of years and investing countless hours assisting the State and Town of Copake with this matter, Senator Steve Saland and I cannot fathom how the Department could approve such a report and assert such findings. With limited communication between the Department and the Attorney General’s Office and with no communication with the Department of Environmental Conservation prior to the issuance of this report, I do not believe, nor do I accept, that a thorough review was conducted. Clearly, little consideration was given to the ongoing controversy and legal action surrounding this proposal and applicant. What is as equally disappointing is that the Department assured Senator Saland and me that everything would be done to consider the ongoing local and state action as the Department dealt with this matter.

For these reasons and others, we request your personal involvement in this issue. Not only should the Department reconsider its position, consider all of the facts, and communicate thoroughly with the Department of Environmental Conservation, the Attorney General’s Office and the Town of Copake prior to completing their review, but the State must involve itself more aggressively in thwarting any continued circumvention or violation of local and state laws by this applicant.

I appreciate Deputy Commissioner Jerry Cosgrove’s offer to personally assist the Town in developing reasonable conditions for site plan approval and will communicate that to my constituents. I further acknowledge the Department’s confirmation that this report does not require the Town to approve or allow this particular proposal. However, these assurances do little to repair the damage this report has caused to ongoing enforcement efforts.

The citizens of New York and residents of this community need to know that flagrant disregard for environmental law and local community land use policy cannot be circumvented. To allow this proposal to proceed without the scrutiny desired by the Town would be a disservice to the struggling agricultural industry across our state, the fragile environment we are entrusted to protect, as well as the people we are to serve.

Sadly, this report represents a massive abandonment of the State’s responsibility to protect its citizens and remain faithful stewards of our shared heritage and precious natural resources. We ask for your assistance.

Sincerely,


Marcus J. Molinaro
Member of Assembly
103rd District

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