Putnam Valley Public Weighs in on Proposed Local Laws

The Putnam Valley Town Board began its October 14, 2009, meeting with two public hearings, both about issues related to the health and well-being of the town’s lakes and watershed. The first proposed local law would mandate septic system pump-outs on properties adjacent to lakes and watershed areas to prevent additional pollution of these sensitive environmental areas. The second proposed law would ban the use of fertilizers containing phosphorous, which causes excessive algae growth that chokes the lakes. In both cases, non-compliance would be met with a fine.

Supervisor Tendy opened the hearing by acknowledging a letter from Stephen Axinn, president of the Lake Oscawana Civic Association, and asking how he would like to proceed. Mr. Axinn indicated that inclusion of the letter into the minutes of the meeting would be sufficient, but under prodding by Mr. Tendy, addressed the board directly. Axinn began by commenting on a distinction made between year-round and seasonal use. The draft proposes that septic tanks for year-round residences be pumped out every three years, and seasonal residences every five years. His contention is that an enforceable definition of yearround and seasonal will be difficult, at best, and that the three-year cycle should apply to all lots in the designated zones. Long-time resident Rose Lee David concurred, adding that the larger occupancy seen at seasonal homes, especially during the summer, is, on average, equivalent to year-round occupancy.

Axinn also suggested that upon pumpout the septic systems should be tested to insure proper operation. This could be a dye test or probe, but in no case should it require that any lawn be dug up. Lake Oscawana Advisory Committee member Kathleen McLaughlin added that the proposed law should require pump-out and testing by a licensed firm. The board seemed amenable to these suggestions.

Next to speak was long-time resident and outspoken town board candidate Patty Villanova, who read a prepared statement. The essence of her presentation was that the proposed local law was unenforceable and that there are already laws on the books to protect the lakes. This being the case, she asked “Why should we bother?” Ms. Villanova’s remarks also identified the town as the “worst polluter.” As evidence, she cited recently-installed piping around Lake Oscawana which “directs storm water runoff, with all its pollutants, directly into the lake.” In conclusion Villanova suggested the town take a page from New York City, which has bought properties surrounding its watershed to prevent development and the consequent possibility of pollution.

Supervisor Tendy, who has a stormy history with Ms. Villanova, responded that he had “many disagreements” with her statements. One in particular was her contention that the town intentionally pollutes the lake. Referring to the piping mentioned by Villanova, Tendy stated that the reality was exactly the opposite. “The pipes were put in” he said, “to sequester run off . . . using catch basins” to help alleviate the problem.

Moving back to the proposed law, Town Attorney Bill Zutt commented that the intent of the law is to cover all existing and possible future conditions regarding impaired bodies of water. Based upon comments made, Mr. Zutt expressed a desire to revisit and refine the wording of portions of the law. The board agreed, and Supervisor Tendy said that all public and board comments would be evaluated and incorporated into the next draft version. The board would like to have the law enacted by the end of 2009 so that the town can “gear up” for the first group of affected properties next spring. The next public hearing will be held in advance of the November 18 workshop meeting.

The board next moved to the public hearing about banning fertilizer containing phosphates. Kathleen McLaughlin, on behalf of the LOAC, was the first to comment. Referring to a distinction made between application to lawns and indoor use, she suggested that all uses should be included ad it would be very difficult to sort out who was using which kind of fertilizer and where. McLaughlin next addressed references in the law to minimum distances. There may be a possible conflict with wetlands ordinances, which identify a safe distance at 100 feet. “How would these work together?” she asked. Last, she suggested that medallions might be given to residences that are phosphate-free. Used in other counties, these could be a positive incentive.Steve Axinn agreed with Ms. McLaughlin’s comments. He said that he, too, would not wish the new law to undercut existing wetlands standards and suggested the proposed law “adopt and incorporate” those standards. He also pointed out that the current draft does not speak to commercial applicators which may not reside in Putnam Valley nor buy their fertilizers there. As a remedy to this potential loophole, Axinn requested that commercial applicators be specifically identified and also subject to penalties for use.

Councilman Gene Yetter asked Axinn’s opinion about how the town might enforce the law. His initial response was that neighbor complaints would need to be relied on to identify possible use of banned fertilizer products. “Enforcement” he said, “will not be a walk in the park.” He went on to say that whatever can be done to reduce the problem will “make a difference.” Axinn also pointed out that state and federal agencies will be more inclined to provide funding to assist with enforcement if Putnam Valley demonstrates its commitment via this law. Mr. Yetter still seemed concerned that finger pointing could form the basis for enforcement. Supervisor Tendy did not appear as concerned, and weighed in, saying that “public education will go a long way” towards preventive enforcement. The board discussed various methods of public education, including new signage for the entire town identifying it as a “no phosphate area” and adding the new rules as a “crawl” on local cable channel 20 every once and a while.

As with the proposed law discussed earlier, public and board comments will be evaluated and incorporated into the next draft, which will also be presented at the November 18 meeting.