Amenia pursues zoning exemption

AMENIA — The town of Amenia’s plan to relocate Town Hall to the former Amenia Elementary School building has been further delayed. Following a zoning law violation complaint from a town resident, the town has clarified its options and authority in the matter and is expected to grant the project a zoning exemption at the Aug. 19 meeting.

The town had received a complaint from resident Pat Nelligan claiming the Town Board is moving forward with the project without following its own zoning code, which would require a site plan.

However, as Attorney to the Town Michael Hayes explained on Aug. 13, any town, village or county in the state has the authority to exempt any municipal project from that requirement (state projects are automatically exempt). The litmus test in determining whether a project qualifies for the exemption, Hayes said, is a simple decision “balancing public interest in the project against the interests that are sought to be protected by the site plan approval requirement.�

Since Hayes became the town’s attorney in 2002, he said that Amenia has twice enacted similar authority to exempt zoning requirements: one time with a project involving a cell tower and the other with a municipal well project. In both cases an Article 78 was filed against the town but the town’s decision was upheld in court.

The zoning exemption would need to be approved by board resolution, and it’s expected that Hayes will bring a drafted resolution to the Aug. 19 Town Board meeting for the board to potentially adopt.

At the Aug. 12 meeting, Councilwoman Darlene Riemer reported that a draft scope of work has been completed that outlines the various projects needing to be addressed before moving into the building. There are 21 items on the list, which include everything from cleaning and painting sections of the building to floor plans, security policies, implementation of energy-saving renovations and the transfer of title, which has yet to take place.

Hayes said that he has been in constant contact with Jay Gurvin, attorney for the Webutuck Central School District. He believes the finishing touches are being put on several documents necessary to engage in the formal transfer of title. Once the two parties are in agreement, the board can authorize someone to sign those documents on behalf of the town and the transfer of title can proceed.

At the Aug. 9 Board of Education meeting, school board President Dale Culver confirmed that the paperwork was being finalized and anticipated that the transfer of title would be completed at the latest by early September.

The most recent hurdles have certainly changed town Supervisor Wayne Euvrard’s hopes to be moved into the building by the end of last month. Instead, as he reported at the Aug. 12 meeting, the town received a letter from the Amenia Fire Company saying that a tenant has been found for the bottom floor of the firehouse on Mechanic Street, where Town Hall is currently located. The town will be required to be moved out of its current location by Oct. 1, which Euvrard said would mean the town’s relocation process would have to be expedited.

“I’m delighted that they have found someone and that it will be a seamless transition for them,� Riemer said.

The various costs associated with moving are also starting to add up. The cost to relocate the town’s telephone and Internet system, totalling $1,900,  was sent to the town, but Euvrard reported that he was able to negotiate the cost down to $1,500.

A representative from Cablevision visited to estimate the cost of setting up cable equipment in the town’s new building. The company’s original estimate was $6,000. Euvrard said he brought that number down to $2,300, but the Town Board still wasn’t satisfied. Councilwoman Victoria Perotti was under the impression that those costs would be covered under the town’s contract with Cablevision and said she would contact a company representative.

The board also discussed the desire to hire as many local tradesmen as possible for the various projects necessary for the move. Although there are no detailed specifications for companies to bid on, the town is asking that anyone potentially interested in bidding for jobs involving carpentry, painting or electrical work to give their information to the town clerk  at 845-373-8860. They will then be contacted when bidding opportunities become available in the months to come.