NEWFANE — The ballot measure to abolish Newfane's zoning bylaw was soundly defeated Monday as residents of Newfane, Williamsville, and South Newfane voted 326 to 103 to retain the land use laws adopted in 1975.
A stream of more than a third of the town's 1,360 registered voters, out of a population of about 1,800, drifted through the polling lines at the NewBrook Fire Station from 9 a.m. to 7 p.m. to defeat the measure by about a three-to-one margin.
Monday's vote was prompted by a petition circulated in June that called for the removal of what the signers considered overly restrictive regulations. Eighty-seven registered voters signed it. After two information meetings were held, an Australian ballot election was finally set for Dec. 20.
Shelley and Deane Wilson, who own 13.5 acres in Newfane, present a representative example of voters who view the regulations as draconian in detail, and therefore voted in favor of abolishing the laws.
But after voting, they each said they actually preferred modifications to the law, rather than removal.
Deane Wilson described his frustration at not being allowed to build a 12-foot-by-12-foot shed on his property because of a 100-square-foot restriction. But that paled in comparison to his children's tree house he was forced to take down.
“I had to cut it down because it was over 10 feet tall,” he explained. “I mean, it was up in a tree.”
Shelley Wilson, his wife, who also voted to abolish the laws, said she was really in favor of modifications.
“I mean, I'm not in favor of development everywhere but, yes, we need to change the laws.”
Dan and Sallyanne Kinoy voted in favor of retaining the laws.
“I think there was a group of people who had had a number of projects turned down,” said Dan Kinoy, “and they tried to stampede this. I think a lot of people think the laws are over-strict.”
One woman in favor of retaining the laws asked to be anonymous. She owned three acres in rural Newfane at the end of a town road. Someone bought 19 acres alongside her property, and pretty soon it became a repository for junked cars and an off-road mud track.
She was able to buy six more acres from the owner, but only with the proviso that he gained right-of-way-use of part of her acreage. Eventually, his activities overstepped the zoning setback laws, and she was able to get help from the sheriff. He has subsequently moved.
A particularly galling restriction, according to those in favor of abolishing the laws, is the regulation that an owner may develop only 65 percent of his property.
But, as Town Clerk Gloria Cristelli points out, “That has to do with staying in accordance with the town plan,” and preserving the well-known and admired aesthetics of the village.
Resident Roberta Dunham voted to retain the laws. “We need them to keep our environment clean,” she said.
Selectboard chair Gary Katz said of the entire six-month effort: “This was a good wakeup call that something needs changing. I am going to request that the Selectboard, at our next meeting, encourages the Planning Commission to begin revising the zoning laws, paying attention to the modifications residents want and eliminate the ambiguities. In general, in the process of revising, I want to reach out to the town.”
The board's first meeting of 2011 is Jan. 6.
Cristelli agreed that actions such as a special election take a lot of time and money, although she wasn't sure yet of the exact cost.
“I would say the whole thing took at least 30 hours of my time - getting the data ready, tracking the absentee ballots (there were 97) and, of course, the entire day at NewBrook.”