County rejects Middlesex steep slopes law

    PENN YAN—The Yates County Planning Board refused approval of a local law proposed by the Middlesex planning board which would prohibit building on hills steeper than 40 percent during their meeting Thursday, Sept. 27. The motion to reject the measure passed in a five to four vote, with one abstention.
    Several members of the Middlesex community attended the meeting to voice their opinion on the proposed local law. Several of the speakers were against its passing while a few were in favor of a law to protect the town’s steep slopes.
    “This is way too complicated and oversteps many bounds,” resident Doug Howles said. “I don’t know why this one has such a vague statement about going to the zoning board. I think the simpler the better.”
    Resident Bob Johnson also spoke, saying the law needs to do a better job balancing the rights of  homeowners and their values.
    Resident Ted Carman spoke out in favor of the proposed law, saying how he owns steep property and that something needs to be done to fix the issues it presents.
    “What is currently in place is not working,” Carman said. “Something needs to change because as soil is disturbed up the slopes, it is coming down the slope and damaging property. I am urging the board to put this through so it can go through to the town board and public hearing so they can fix it and get something done.”
    Chairman of the Middlesex Planning Board Martin DeVinney spoke at length about the proposed law, saying how special consideration must be given to the unstable conditions created by these slopes, especially around the lakefront areas. He said the law would help preserve the town’s natural qualities, protect town’s character and water quality, and prevent erosion.
    Middlesex Town Board Councilman Dan Paddock also spoke, asking residents to trust this law to help them develop a safe site that will not cost them a lot of money.
    “No way is anything going to be put in place unvetted,” Paddock said. “What we are trying to do is have feedback [from residents]. You just don’t know what will happen in some of these fragile areas.”
    The board, however, expressed concerns about the law, wondering how much has been changed since they last sent the law back to the board for more work.
    Chairman Ronald Rubin said he had two areas of the proposed law that stuck out to him, one of which being the confrontation between new construction and existing buildings where the owner may want to make some changes. He said the other issue was with erosion, saying the board needs to looks at how it affects the entire town as a whole and what can be done to prevent those problems from arising.
The proposed law will now be sent back to the Middlesex Planning Board for more work and revisions.
    In other business:
    • The board approved moratoriums on high impact industrial uses and hydraulic fracturing (fracking) in the town of Italy and village of Penn Yan. Each of these moratoriums is for a period of six months.
    • The board granted a major subdivision to Dale and Floyd Lane at 2524/2562 Old Bath Road, which will create 10 separate single family residential lots.
    • The board granted Julian Dalton an area variance at 554 East Lake Road for the construction of a front porch on the property.