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While many town boards in Livingston County are looking at passing moratoriums on hydrofracking, the Town of Cohocton has taken a different step.
During its Dec. 19 regular meeting, Town resident Harold Kiesl asked the board if they intend to pass a moratorium on hydrofracking, or publicly state where the board stands on the issue as a whole.
Zigenfus said the town is waiting to see what the final Department of Environmental Conservation’s recommendations are, plus receive recommendations from the town and village planning board before going further with discussing a moratorium.
But Zigenfus said he has already been looking at “home rule” issues, which has been brought to the Town recently.
Town attorney Pat McAllister explained further, stating there is complexity at this time on the state constitutional home rule – a municipality’s right to pass local zoning laws – regarding hydrofracking.
McAllister said a local law in the town of Middlefield (east of Cooperstown), which forbade fracking in the entire township, is being challenged in court because the gas company argues the state has preempted control of the issue, allowing hydrofracking to commence.
The towns are arguing, under home rule law, that they have a right to enact its own zoning laws. “So it’s a matter of interpretation,” McAllister said.
He added that the Town of Cohocton as well as several other towns, was asked to join the Town of Ulysses (northwest of Ithaca), in a court brief on the Middlefield case, to publicly lend its support of home rule on this matter.
“It’s really not a position for or against hydrofracking,” McAllister said. “Do the towns and villages have a right to set their own zoning laws, own land-use laws, or can the state preempt and say you have no say in it, as to what happens in your town or village, and is it a state matter? That’s really what the issue is.”
Councilman Wayne Hunt spoke up, stating that the underlying issue regarding the development of the wind farm was the town’s right to hash out zoning, taxing and other issues with the wind developer. Zigenfus added that the state has since come in and preempted the siting process of new commercial wind development.
“From what I read...I just think it’s something we should support,” Zigenfus said of the Ulysses request. “They’re not asking us to do anything other than lend support for home rule.”
While many town boards in Livingston County are looking at passing moratoriums on hydrofracking, the Town of Cohocton has taken a different step.
During its Dec. 19 regular meeting, Town resident Harold Kiesl asked the board if they intend to pass a moratorium on hydrofracking, or publicly state where the board stands on the issue as a whole.
Zigenfus said the town is waiting to see what the final Department of Environmental Conservation’s recommendations are, plus receive recommendations from the town and village planning board before going further with discussing a moratorium.
But Zigenfus said he has already been looking at “home rule” issues, which has been brought to the Town recently.
Town attorney Pat McAllister explained further, stating there is complexity at this time on the state constitutional home rule – a municipality’s right to pass local zoning laws – regarding hydrofracking.
McAllister said a local law in the town of Middlefield (east of Cooperstown), which forbade fracking in the entire township, is being challenged in court because the gas company argues the state has preempted control of the issue, allowing hydrofracking to commence.
The towns are arguing, under home rule law, that they have a right to enact its own zoning laws. “So it’s a matter of interpretation,” McAllister said.
He added that the Town of Cohocton as well as several other towns, was asked to join the Town of Ulysses (northwest of Ithaca), in a court brief on the Middlefield case, to publicly lend its support of home rule on this matter.
“It’s really not a position for or against hydrofracking,” McAllister said. “Do the towns and villages have a right to set their own zoning laws, own land-use laws, or can the state preempt and say you have no say in it, as to what happens in your town or village, and is it a state matter? That’s really what the issue is.”
Councilman Wayne Hunt spoke up, stating that the underlying issue regarding the development of the wind farm was the town’s right to hash out zoning, taxing and other issues with the wind developer. Zigenfus added that the state has since come in and preempted the siting process of new commercial wind development.
“From what I read...I just think it’s something we should support,” Zigenfus said of the Ulysses request. “They’re not asking us to do anything other than lend support for home rule.”
A motion was passed unanimously.
In other business, the board:
- Discussed having received equipment for a new community playground to be erected in Atlanta. The equipment has been placed in storage and is awaiting inspection on whether there was shipping damage. If all goes well, installation is expected in the spring.
- Discussed having received applications for members to the Zoning Board of Appeals, and for a town assessor. David Domm, town assessor, will become a town justice, replacing Justice Hal Graham, in January. A decision as to who will fill the vacancies is expected to be made during the board’s year-end meeting on Dec. 27.
- Accepted Jack Bolster to the town and village planning board to replace outgoing Arnold Brunswick, who is retiring from the position this year.
- Discussed applying for a new state grant that will financially help implement the ambulance consolidation with the town of Wayland, town and village of Cohocton and hamlet of Atlanta. Zigenfus said he will contact the various municipalities to see if they are interested in pursuing.
- Expressed its gratitude to outgoing town board member Wayne Hunt, who has served on the board for the past 12 years. “I truly will miss this,” Hunt said. “But twelve years is a long time.” The board also expressed its gratitude to Arnold Brunswick for his many years of service on the joint planning board. Brunswick was in attendance at the meeting.
