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Date Posted: 10:22:57 03/22/09 Sun
Author: Here, Here
Subject: Re: Of interest...
In reply to: Marcus J. Molinaro 's message, "Of interest..." on 16:48:25 03/21/09 Sat

>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

Great job Marcus. Now if you only became a Dem, you'd have the whole political scene up here in your hands!

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