Bethel considers zoning, camping; Nonconforming uses to be addressed

Posted 8/21/12

WHITE LAKE, NY — Judging by the number of people who camp out at Hector’s Inn and Yasgur’s Farm every time the Woodstock weekend anniversary rolls around, there is a big demand for camping in …

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Bethel considers zoning, camping; Nonconforming uses to be addressed

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WHITE LAKE, NY — Judging by the number of people who camp out at Hector’s Inn and Yasgur’s Farm every time the Woodstock weekend anniversary rolls around, there is a big demand for camping in the Town of Bethel.

Jeryl Abramson, the owner of Yasgur’s Farm on Route 17B, believes the demand is there. Yet, she says, there has not been a new campground opened in the town in 40 years. Part of the reason for that is because the town’s regulation on campgrounds and campsites is stricter than those of the state.

Abramson and her late husband Roy Howard battled town officials for 20 years over the on-again, off-again Woodstock reunions held at the farm. Now the relationship between the town and Abramson seems to have thawed a bit, and the town is considering updating its zoning, especially the part that addresses campgrounds and campsites.

One significant change is that the town would match state health department regulations that say each camp site must be 1,250 square feet. Current town regulations say that each site must be 2,500 square feet, which, Abramson said, was too restrictive.

The town held a public hearing on the proposed changes at the town meeting on August 27, and Abramson said she has been urging the town to make that change since 2003. She said that, coupled with other changes, may allow her to move forward with creating a campground at the Route 17B property.

The board heard rather extensive comments on the proposed changes, and will consider the suggestions at the public hearing before voting on the matter.

Non-conforming uses

One of the more significant proposed changes to the town’s zoning is addressed in this language: “An enlargement or expansion of a non-conforming use is expressly prohibited.”

A non-conforming use is one that was permitted in the past under previous zoning, or no zoning, but which current zoning now prohibits. Therefore, for example, a summer camp or a racetrack that is located in a district that is now zoned residential would be permitted to continue to operate, but would no longer be allowed to expand.

The Sullivan County Planning Department reviewed the proposed changes and approved of the town’s overall plan. In a letter to the town, the planning department wrote, “The department feels that the proposed action will have positive intercommunity impacts by promoting orderly growth through an enhanced site-plan review process, improved and well-defined terminology in the town code and preventing the enlargement or expansion of nonconforming uses.”

This prohibition of expansion of non-conforming uses has been adopted in numerous towns in New York State, including the Town of Thompson, which adopted such a provision in 2005.

Residents in the Town of Liberty have urged their town board to adopt such a measure since 2008, but the board has so far declined to take action.

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