The Town of Marlborough adopted its Master Plan in 2002. One section deals with guidance to protect the view of the ridgeline at the top of the Marlboro Mountains as well as the soil integrity near the ridge. It defines the ridgeline as a Natural Beauty Asset. In 2005, the town enacted Local Law 155-41(F)(4) which deals with how close a structure can be built as it relates to the ridgeline and addresses the issue of soil disturbance in the subject area. The effect was to protect the view of the ridge and the soils immediately around it. The law works and has successfully protected the view for all of Marlborough’s inhabitants for 18 years. The law prohibits building a structure within 50 feet elevation of the ridgeline. The 50-foot number, in my opinion, provides a little wiggle room as to one’s point of reference.

The town is proposing to eliminate the 50-foot vertical buffer as well as removing the requirement to pay attention to soil erosion in this area. What this means is that a person who owns ridgeline land would be able to erect a structure ON TOP THE RIDGE.

I did some research and there are 7.71 linear miles of Marlborough Mountain ridgeline considering the start at the Orange County line and ending at the town of Lloyd. I realize this is not practical, but technically, when I do the math, one could place a house on each square ridgeline acre, so landowners on the ridge, could if they chose to, erect 193 houses. How would that look?

This law change appears to be precipitated by a property rights concern as well as some law interpretation issues. Tweaking the wording is an easy fix to interpretation concerns.

Removing the 50-foot vertical buffer and soil protection requirement would be irresponsible and is not the answer. The law has been on the books for 18 years. Ridgeline landowners simply need to comply. Changing the law affects all 8,795 residents. Let’s keep our Natural Beauty Asset intact.