Developers have the right to do what they want!

One of the most often repeated mantras heard from those in their uncritical acceptance of private commercial development is “developers have the right to do what they want with their own land.”  This is incorrect for many reasons:

Often they do not own the land but have a contract for purchase pending development approvals.

Development is subject to local, county, state and sometimes federal approvals.

Development is subject to local, county, state and federal laws and land use plans as well as the New York State Environmental Quality Review Act which requires the consideration of alternate plans.

This specific proposal for the former Cantine Mill site overlooking the waterfall is subject to review and approval by the Village Planning Board of site plans, subdivision and special  use permit which may require conditions be met for approval.  The Village Board has already granted a zoning change to  permit a hotel, though not a conference center, reportedly without adequate public notice before the change. The complacent planning board appears to want to cave in and agree to virtually anything the developer wants to do. There will be one opportunity for members of the public to have three minutes to counter the claims of months and many thousands of dollars of presentations to the planning board to which the applicants have unlimited access. This is the same site for which the Mayor sought state funds nearly ten years ago for a public park and for which he applied for 2.5 million dollars two years ago to subsidize this private commercial development.

The applicants may own title to the land overlooking the waterfall, but they do not own one drop of the waterfall itself or the view of the historic creek and viewshed beyond, which have existed there for hundreds of years, though they wish to privatize and monopolize those features for their own commercial use. This site is of regional historic and scenic importance. The owners have the responsibility to treat it and us with respect. Martin Cantine gave us the unparalleled Cantine Field, home of the world famous Garlic Festival as well as hundreds of  baseball games every year. We need such vision and dedication to the public in this proposed Partition Street commercial development.

Barry Benepe

The writer is a retired professional planner, Member of the American Society of Consulting Planners, American Institute of Planners and Fellow of the American Institute of Architects.  He is also a member of the Saugerties Citiizens for Smart Development.

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One Comment

  1. Captainq
    Posted January 12, 2010 at 5:07 am | Permalink

    I’m not sure what view you hope to maintain, but from the Partition street side the view of the the falls hasn’t been accessible in years and is down right dangerous. To get to it, you would have to be trespassing. By mid-summer, there is no view because of all the brush growth. Prior to that, there was a gigantic mill in front of the view.

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