Thursday, January 29, 2004
Edmeston eyes junk yard law
By KELLY BRUNI
Staff Writer
EDMESTON- Elsie Waite has lived in Edmeston all her life and has watched numerous town officials try to institute a town 'junk yard law."
"I've lived here for 44 years. This has been going on for 44 years by one board or another. No one has gotten it on the books yet," she said during the town planning board's meeting last Wednesday.
The planning board listened to residents' opinions in regard to the creation of "junk yard laws."
According to Jack Emmett, planning board chairman, the board is currently in it's fourth revision of a draft law to regulate junk cars in the town..
"It has gone on for better than a year," he said.
The draft has not been made public, or been given to the town board, Emmett said last Wednesday. Access to the draft was denied by Emmett and a Freedom of Information request has been filed by the Town Crier.
Emmett said that the purpose of the law would be to maintain the safety of town residents and increase aesthetic values.
"If you have a community that is attractive, that is going to bring money into the community," Emmett said during the meeting. "What do you want to see out of your community? It's up to all of you."
Emmett explained the procedure for formulating a "junk yard law" would include creating a draft, submitting it to the county planning department for their recommendations, making any necessary changes and then giving it to the town board for their review. Over all, it would be the town board's final decision.
Over the past year, the board has come up with several ideas to include in the draft of the law.
For a car to be considered a "junk car," it would be "not road-worthy," or unlicensed, unregistered and un-inspected, said Emmett.
He said the board had yet to determine what would considered an appropriate number of cars on a property that would be deemed a junk yard. He did however, refer to the county's current law which says that anyone with more than one "junk" vehicle on their property would be considered a junkyard.
The board has discussed recommending to the town board have zoning officer Clarence Davis enforce the law, Emmett said.
"That is what we recommend right now," he said.
People who may use junk cars for spare parts, should keep them covered or out of site, Emmett added.
"[The planning board] didn't see any problem with that," he said.
Emmett felt that individuals using "junk cars" would want to protect them some way as to "not let them sit out there and rust."
Fines for those residents who violate the law have yet to be determined.
They have discussed, however, the notion of creating a license fee for those interesting in running an actual junk yard business. The board had not determined a fee yet. Emmett said the cost could be $500 or $1,000, he didn't know at this point.
"I feel the cost of the license should be substantial," Emmett said. He explained that the purpose was to discourage everyone from opening a junk yard.
"It's going to be more than $25. I can tell you that," Emmett said during the meeting. "If somebody is going to have a junkyard, they are going to have to put money into their business. We have got to make this area attractive."
Planning board member Jon LeChevet commented that he preferred the town regulate their own residents.
"By the town preempting it (county or state regulation), this can be settled at the local level," he said.
"I would rather deal with somebody locally," Emmett agreed.
LeChevet also stated that people moving into the area are going to expect regulations, such as "junk yard laws," which they may have experienced elsewhere.
"More and more people are going to move here and be complaining about what you have been taking for granted," he said.
However, board member John Parker disagreed with Emmett and LeChevet.
"We are opening a door that is going to set a dangerous precedent. I think the whole thing is wrong," he said. "It opens too many doors for personal grudges."
Resident Joe Chesboro, was one among many who disagreed with the creation of the law on Wednesday evening.
"[The town] ain't changed in 17 years, leave it alone," he stated.
"The state is not pursuing it, why should anyone else," said resident Patrick Hill. "I don't think that we need another law. I'll take my chances at the state level. Who are you to tell me what I can and cannot have?"
Hill expressed that the public should be more aware of what the planning board is looking to do.
"This is important to the community," he said.
Town residents questioned Otsego County's enforcement role. The county currently has laws in place to regulate junk cars.
Emmett said he rode around Edmeston a year and a half ago with county code enforcement officer Dave West and they noticed six residences who were in violation of county laws.
"Nothing has ever been done about it," Emmett said.
If the county were more involved, it "would cut down on [the town] getting involved in personalities," said Emmett.
Although the county has laws, they only have two code enforcers who cover 35 municipalities. That isn't enough to enforce those kinds of laws, Diane Carlton from the Otsego County Planning Department said.
"Our county codes office doesn't have the time. We don't have as much availability as we used to," she said. "We try to do what we can."
Carlton encouraged towns to have their own set of regulations.
"You really need to do something yourself," she said.
She did emphasize that towns can get recommendations from the county.
In the past, towns have created their own drafts that may not necessarily fit their situation, Carlton said.
"We really suggest that they not try to take bits and pieces from other communities," she said. "If they want to get it right the first time," Carlton suggested that towns contact county planning for assistance.
That is exactly what the Town of Edmeston planning board has done.
"[Emmett] has contacted me over the last year," said Eric Miller, senior planner for the county. Miller had given the board a model law which is the combination of two different municipalities. "It's a pretty simple model."
Emmett said that the board has taken New York State guidelines into consideration during the creation of the law.
People have also recently inquired about how they can get rid of their junk cars, Emmett said. He admitted that he didn't know the answer to that question.
Concerns were also raised by the public about certain abandoned buildings which could also be unsightly as well as pose a potential safety hazard.
Emmett suggested that people who have a concern about a particular building should report it to the county code enforcement office.
In other news, the board:
heard from Hank Schecher of New York Land and Lakes about a proposal for a subdivision of over 500 acres within the towns of Burlington and Edmeston. The location is near Parker Hill Rd.
The lots, for single family dwellings, will run from 5 acres to 35 or 40 acres consisting of 11 lots located within Burlington and 26 within Edmeston.
Emmett informed Schecker that Edmeston does not currently have any subdivision regulations and that he would need to go through Otsego County.
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