WURTSBORO — The Town of Mamakating Board voted to pass four amendments to the zoning regulations on July 21. This was the end result of more than a year of studies, workshops and public hearings to bring the town's zoning in line with its 2001 Comprehensive Plan.

But the voting nearly did not happen. At the beginning of the meeting councilmembers Robert Justus and Russell Wood Jr. both noted that they had not had the time to read some of the latest emails from residents commenting on the amendments.

County Legislator Kathy LaBuda (District 2) was opposed to any delays. “There's been plenty of time to review the issues. People need an answer,” she said after Justus stated that the board should hold off on a vote until all the emails are reviewed.

Justus has another concern: “I don't want to see us increase the potential of litigation. I see litigation falling from the sky,” he said.

The petitions were legal challenges by owners of at least 20 percent of property within specific areas facing zoning changes. The protested amendments needed a super majority of four votes from the five-member board to pass.

During the public comment session Dave Lybolt commented, “I feel any board member who votes no is voting against the wishes of the town.”

Lybolt also expressed that Justus and Wood “were not doing their job,” for not taking the time to read all the emails.

The approximate 50 residents in attendance, most of whom were wearing, “Yes! Zoning Changes” buttons, applauded Lybolt.

Cathy Dawkins concurred, stating the town board should “vote tonight. There will just be more emails. People will never stop giving their opinion. There will never be a right time.”

The first protest petition focused on Shawanga Lodge and passed with a super majority with Wood voting no. In fact, Wood voted no on all the protest amendments.

Shawanga Lodge attorney Richard Stoloff, of the firm Stoloff & Silver, LLP in Monticello, said on Thursday that his client was “agreeable” to the zoning changes, claiming that when the project was originally submitted, the planners “made certain mathematical errors.” The changes call for 436 units, as well as the possibility of time shares. In addition, the net acreage of the grounds was increased by 31 acres.

The second vote involved resort Crescent Heights, a planned resort on 700 acres. Although Justus had some trepidation about over development and sensitive environmental issues, he voted yes. This protest also passed with a super majority.

Crescent Heights, a real estate company, will feature condominiums, a hotel and a winery.

The area around Wurtsboro Airport was zoned light industry and could have major development. The Basha Kill Area Association (BKAA) called for a buffer zone from Route 209 and the Delaware and Hudson Canal. BKAA President Paula Medley said there are “natural and cultural resources” in that area. She also noted there are flood plains there. The protest petition that would allow for light industry was rejected by the board. Supervisor Bill Herrmann and councilmembers Brenda Giraldi and Matt Taylor voted affirmative.

The protest petition passed involving Yankee Lake or the “tail of the whale” since Yankee Lake is in the shape of a whale, according to local residents. The change was from resort zoning to Mountain Greenbelt zoning - a much more restricted zoning to “protect the lake” said Medley.

The protest petition on Burlingham Road with changes that calls for two-acre zoning, a change from the current zoning of one acre, passed 3-2. That petition only required a simple majority.

LaBuda declared on Wednesday, “The board gave the constituents what they want. That's why they were met with a standing ovation.”

After the votes were taken former Mamakating Supervisor Fred Harding “thanked the board for having the fortitude for making this happen.”

He said the decisions were economically sustainable including the preservation of green space.”