Town Board Public Hearing Local Law #4 of 2020 – August 2020

The August 6, 2020 Public Hearing on proposed Local Law # 4-2020: amending Chapter132, Vehicle and Traffic of the Town Code at 6:30pm by livestream broadcast on youtube at http://www.youtube.com/channel/UCg7ykop50cWmqPFUpgDjRSQ

PRESENT:

Councilwoman Erin Enouen Councilwoman Bea Haugen-Depuy
Councilman Adam Paddock Supervisor Michael Baden
Town Clerk Kathleen Gundberg Town Attorney Marylou Christiana

ABSENT:
Councilman Chris Hewitt

Call to Order – Pledge to the Flag – Roll Call

STATEMENT FROM THE SUPERVISOR:

I have confirmed with the Town’s Counsel that tonight’s meeting has been convened in accordance with the Governor’s March 13, 2020 Executive Order 202.1 which suspends certain provisions of the Open Meetings Law to allow a municipal Board to convene a meeting via videoconferencing. In accordance with the Executive Order, the public has been provided with the ability to view tonight’s meeting via YouTube and a transcript will be provided at a later date.

The Town Clerk has completed a roll call of the Board Members and there is a quorum present for this meeting. I have also confirmed with the Town Clerk that this meeting has been duly noticed.

We have fulfilled our legal notice requirements by posting Notice on the Town Clerk bulletin board and outside door, posting legal notice in the Shawangunk Journal, and posting notice on the Town’s website.

Call to Order – Pledge to the Flag – Roll Call

Local Law # 4 of 2020:
A Local Law amending Chapter 132, Vehicles and Traffic, of the Code of the Town of Rochester

Section 1. § 132-2(B) of the Code of the Town of Rochester, the chart shall be replaced as follows:

NAME OF STREET SIDE OF ROAD LOCATION
Cherrytown Road Both Boundary of 338 Cherrytown Road
Project 32 Road Both County Route 27 to terminus of Project 32 Road
Trails End Road Both Intersection with Dymond Road to terminus of Trails End Road
Tow Path Road North (opposite side of peterskill creek) 301 Towpath Road to 448 Tow Path Road
Tow Path Road South Accord Fire Department access
Boundaries of 301Tow Path Rd, 345 Tow Path Rd, 357 Tow Path Rd, 410 Tow Path Rd, 436 Tow Path Rd, 442 Tow Path Rd, 448 Tow Path Rd

3. Severability

If any part or provision of this local law is judged invalid by any court of competent jurisdiction, such judgment shall be confined in application to the part or provision directly on which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Law or the application thereof to other persons or circumstances. The Town hereby declares that it would have enacted the remainder of this Law even without such part or provision or application.

Section 4. Effective Date

This local law shall become effective immediately upon the filing in the office of the New York Secretary of State pursuant to Section 27 of the of Municipal Home Rule Law.

PUBLIC COMMENT:

To members of the town board:
Dear Kathleen,

Please include these comments in the record of this public hearing:

To the Town Board,

Thank you for addressing the growing problems created by the swimming area commonly called Deep Hole on Tow Path Road. The public has been using and enjoying this spot on private land adjoining the public road seemingly forever with an assortment of problems that have always been more or less manageable. That is no longer the case. Now the use has become so intense that it is creating a public nuisance.
Since my family owns the adjacent land, we are directly experiencing that nuisance.

The problems obviously include a threat to public hygiene resulting from overuse of a pool that does not flush sufficiently for long stretches in the summer, lack of toilets, lack of trash management and removal,
Thank you for addressing this problem that my family has been attempting to deal with for several years. Our family(Turner) has lived on Tow Path Road for over 100 years. Three bungalow colonies(Turner, Cohens and Mokowskys) enjoyed “deep hole” for a swim on hot days. There were many people there in the heyday of bungalow colonies but everyone walked as there were very few autos at that time.
Now thanks to social media we have autos, on weekends lined from deep hole to our driveway at 357 and 345 Tow path. When I police the area I am cursed at and threatened. I politely ask not to picnic with hibachis and coolers and multi families on my property because of the overflow at deep hole . I am concerned in this time of Covid 19 to pick up their tissues and trash. Eliminating parking would be a serious effort to address this problem
Thank you
Minna Turner Scharff

My name is Alan Marinoff. My wife and I own and live at 357 Tow Path Road. My wife Minna Scharff is an owner also of 345 Tow Path Road. I support the proposed law to limit the parking near the area called Deep Hole on Tow Path Road.
I think it is a reasonable effort to address the traffic and parking issues that the enormous popularity of this small swimming hole is creating while still allowing enough roadside space for parking about 35 cars, by my estimate. These problems include people parking far down the road, pulling in and out all day, double parking, not pulling sufficiently off the road, making u-turns everywhere, and in these and other ways obstructing the roadway for emergency vehicles.
The use of this creek-side area has increased enormously every year for several years. This is probably the result of social media, the availability of fewer other swimming areas, and the Covid problem. The use has become impossibly intense and the crowding of the area often violates any reasonable interpretation of the social distancing that the Covid crisis demands.
In addition the intense use creates other problems that the town government does not manage, including the question of the hygienic condition of the water people are swimming in, the lack of toilets, the accumulation of trash that is left by people, the degradation and consequent erosion of the terrain from excessive human traffic, the fire risk from cooking in dry seasons, the occasional camping, playing loud music sometimes into the night, and even drag racing. Then there are the people straying onto adjacent properties to escape the crowd, etc.
I realize the parking limitation is addressed to the very real traffic issues, but I hope the limitation will help keep the usage within some reasonable limit, as well. I support this amendment. This is effectively a public resource that the public otherwise takes no collective responsibility for.

Thank you for addressing this matter and for considering my comments. I hope you will make them part of the record.

To Members of the Town of Rochester Town Board

I am writing in reference to the Amendment 4 of Chapter 132.2
Of which I am in favor! I have been a resident at 345 Tow Path Rd. Accord NY for 40 years! I am very concerned about the increase in traffic this summer, in particular.
I walk on the road everyday and have concerns for my safety. The parking at Deep Hole has increased significantly since most public swimming places are closed! This weekend there were 35 cars parked there! People walk in the middle of the road carrying chairs, tables, coolers and children with little regard for traffic. Vehicles turn around in the middle of the road! I am concerned for everyone’s physical safety. I also worry that emergency vehicles will not be able to get through expeditiously due to the traffic.
Thank you for addressing the situation!
I am in favor of Amendment 4!
Jacqueline Gantnier

Ira Stern a resident of 277 Tow Path Rd has been a resident for 35 years and this local swimming hole has gotten out of control. The concerns my fellow neighbors have raised are true. People are parking all over the road, leaving their doors open narrowing the road even further I’ve had some near misses myself. There are kids and dogs running all over the road. I don’t want to have confrontation with any of the people because when you do say anything that’s exactly what ends up happening. Last week there were 54 cars there at a time 54 cars filled with families is hundreds of people in the creek. There are people changing their clothes, constant drug and alcohol use being used I’ve seen things I don’t wish to see. Social media has attracted people from all over the area, one day there were 10 out of state cars parked there and during a pandemic there is no social distancing taking place. I’m glad to see the Town is taking action and support the no parking, however this needs to be on the deep hole property too. There is an absentee landowner but those that live here are dealing with the issues. This isn’t a park its not managed and it’s dangerous for all involved. I respectfully request you amend the law to include deep hole property as no parking, I know this may be hard to do because it is the middle of the summer, maybe there can be some way to phase it in or use enforcement. I also think installing guard rails is an effective solution it would benefit the issue not just with summer swimming but there have been times in the winter making that turn that can get scary where you can end up in the creek.

Dick Caples of 263 Tow Path Rd has been a resident for 15 years and can give a laundry list for the people who live here how this location has gotten worse and is completely out of control. The recommendations to limit the parking as much as possible is best.

CLOSURE OF PUBLIC HEARING:
Resolution # 170-2020:

A Motion was made by Councilwoman Haugen-Depuy to close the public hearing at 6:50pm.
Second: Councilwoman Enouen

ROLL CALL:
Councilwoman Enouen aye
Councilwoman Haugen-Depuy aye
Councilman Hewitt aye
Councilman Paddock aye
Supervisor Baden aye 5-0 aye motion carried

RESPECTFULLY SUBMITTED,

KATHLEEN A. GUNDBERG
TOWN CLERK