Amenia Zoning Board of Appeals hearing: Smithfield Valley project draws criticism, suggestions

AMENIA — Area residents assembled at the Amenia Zoning Board of Appeals’ (ZBA) public hearing last Monday, July 15, to voice objections to Herb Allan and Monica de la Torre’s application to build an accessory building on a parcel of land along the Smithfield Valley.

 The project

The Amenia Planning Board received an application from Allan and de la Torre this past spring to build on a level and open parcel of land located at 344 Smithfield Valley Road. Totaling 47 feet in height and approximately 15,000 square feet in area, the building was reportedly designed to be used for non-commercial recreation by its owners. A number of residents believed they had not received enough notice about the application or the structure’s intended use. Their protests about the process were made known to the ZBA at its May meeting through an organization known as Friends of Smithfield Valley Conservation.

In addition to the ZBA and representatives for both the applicants and Friends of Smithfield Valley Conservation, a full house of concerned residents occupied the meeting room on the second floor of Town Hall, the majority of whom reside on Smithfield Valley Road. 

ZBA Chairman Terry Metcalfe reminded everyone that the purpose of the hearing was to determine whether Code Enforcement Officer (CEO) Michael Segelken was correct in identifying the structure as an accessory structure, which refers to “any structure or a portion of a main structure customarily incidental and subordinate to a principal land use or development,” according to the New York State Senate. 

The majority of the ensuing comments covered critical concerns related to the proposed structure, including the impact of the building’s construction on the valley’s scenic beauty, the possible repercussions on the valley’s wetlands, the potential degradation of the land’s historic and agricultural value and the possibility of the structure setting a precedent for other similar projects in the future.

 Public comments

As the public hearing’s first speaker, Hudsonia Executive Director Erik Kiviat explained that the entire wetland along the Wassaic Creek is considered a habitat for bog turtles by the New York State Department of Environmental Conservation (DEC). In light of the conservation easement on the property that was designated to protect the quality of the habitat, he asked the ZBA to consider how the activities taking place on the site could impact the wetlands and wildlife. He also shared his concerns about the absence of a buffer zone between the proposed site and the wetland area.

Architect Darlene Riemer voiced her concerns about the impact of construction on the quality of the land while Allen Staley focused on the land’s historic and agricultural value.

“Going back 300 years, this land has always been beautiful agricultural land,” Staley said. “This land has kind of a unique history… We don’t need to introduce something that goes against 300 years of history.”

Karen Klopp shared her belief that every person connected to Smithfield Valley has a standing — or stake — in the appeal.

Describing the rural Smithfield Valley as “an agricultural treasure,” Smithfield Valley resident Pamela Fields said, “To construct a building with a footprint the size of a mass merchandise store… in the valley is to destroy generations of hard work.”

Fields pointed out that Allan has plenty of viable land on which to build an even larger structure without any adverse effects on the environment.

Betsy Park outlined the history surrounding the valley and the changes to its environment over time, all while highlighting how the swamp bordering the valley has remained intact throughout.

“The swamp itself is a living, breathing part of the landscape,” Park said, “and I do not believe anything needs to be built on it.”

The public offered a few solutions it believes will benefit Allan and de la Torre while preserving the Smithfield Valley.

“My position is pretty simple,” Smithfield Valley resident Carey Winfrey said. “Build on the 266 acres you own on the other side of the Smithfield Valley.”

In sharing that both Allan and de la Torre appeared receptive to the idea, Winfrey said, “I have every confidence… that on those 266 acres, there lies a solution.”

Addressing Allan in the audience, local resident Barbara Agren asked whether he was aware of the circumstances surrounding Kildonan School and its recent closure. When Allan confirmed that he was, Agren mentioned the athletic facility on the school campus and suggested he purchase the property.

Stepping to the front of the room, Friends of Smithfield Valley Conservation representative Craig Callen, a longtime resident of Smithfield Valley Road, said he was asked by several named and unnamed neighbors to represent them on the issues surrounding the proposal. In addition to having a clear view of the proposed site from his property, Callen said the section of the Wassaic Creek that flows through the wetlands of the Allan property flows through “a very sensitive environment” before flowing onto and through his property.

Naming the various issues associated with the application, Callen explained, “I know each of us looks at life through a lens of cost benefit trade offs.”

Turning to the ZBA, he said, “I am sure that when each of you decided to sacrifice your time for this committee, you decided the cost of doing so was worth the benefit of making a difference in our community today and for the next generation, and I am thankful. 

“Let’s review the costs of this project,” Callen said before identifying “the burden and disruption of construction,” and “the disruption of a delicate environment” and the possibility of Allan wanting to build another structure in the future in the long list of critical costs. As for potential benefits, he said both the community and the town’s legacy would achieve nothing apart from placing its homes, families, environment and communities in an unsatisfactory situation.

“The cost benefit analysis simply does not work for our town,” Callen said, “and I hope it doesn’t work anywhere else. I ask you to vote against this project.”

Speaking on behalf of Friends of Smithfield Valley Conservation, attorney Allan Rappleyea from Corbally, Gartland and Rappleyea, explained that the structure Allan and de la Torre proposed could only go up if it could be considered an agricultural, recreational or accessory structure, all of which must be considered in terms of whether the structure is customarily incidental.

 The applicants

Speaking on behalf of Allan and de la Torre, attorney Anthony Morando of Fishkill said, “It’s pretty clear the real intention of the appeal: it’s not the intent, it’s not about the use, it’s about where the plan is going to be located on a particular parcel.”

Morando affirmed that the proposed structure was not intended for just one use, but for a variety of recreational uses for the family residing on the property. Enlarged visuals of the proposed site were supplied to provide the ZBA with greater context for the proposal and its scale in relation to the property. 

Addressing the ZBA in a statement, applicant Allan recalled how he and his wife fell in love with the Smithfield Valley following their move to Amenia, clarifying that their decision to purchase the property was not to spite its many attributes, but because of said attributes.

“This place has been great for our family,” Allan said. “There’s no question about it… and we expect to be here for a long, long time.”

While he understands the community’s concerns, Allan said he hopes there is no question about how he and his family feel about the area. As far as the building’s design, he said he and his wife consulted their architects to keep with local standards, adding that they both appreciate and want to follow whatever rules are in place. 

 We want to know what the rules are as much as anyone else. We never wanted to poke anyone in the eye… we hope there’s a constructive way out of this,” Allan said.

Since the project was first proposed, de la Torre said she and her husband have been accused of disregarding community values and placing family privilege over those values and attempting to “rape the landscape.

“We’re not hiding anything,” she said. “We’re not trying to break any rules, we’re not asking you to bend any rules for us.”

 Continue to comment…

Following additional comments by Rappleyea and Morando, the ZBA closed the public hearing and said it will accept additional written statements for a period of three weeks. 

A copy of Allan and de la Torre’s application to the Amenia Planning Board can be viewed online at the Town of Amenia website at www.ameniany.gov.