The borough’s planner said the Department of Environmental Protection "doesn’t care" how the riparian lands near Edgewater Colony are zoned because the Green Acres contract gives it complete control.

The riparian lands along the northern part of the Hudson River were included in the open space agreement to get funding for a marina. The council has debated how to make sure its zoning laws comply with state regulations and also how to deal with the privately owned docks on the borough land.

Borough Planner Kathryn Gregory was asked to prepare a draft ordinance for the Sept. 15 council meeting to change the riparian zoning from residential to recreation. She suggested an amendment to Councilman David Weschler’s draft that said Green Acres must approve anything done on the lands

Gregory said that Green Acres has a long list of what qualifies as recreational use, including docks. She said the next step for the council is to have a representative come to explain options for the existing docks that "encroach" on Green Acres land.

Since Green Acres land must be accessible to the public that would mean the docks, some of which only have access from homes, would need to be public, Gregory said. She said there are possible alternatives but the Green Acres representative would be able to explain them better.

Weschler said the objective for the rezoning talk "was not to hurt dock owners." Council President Neda Rose agreed and said it’s a complicated issue.

There was a dispute over ownership of the riparian rights. The Borough took possession in 1939 after the property owner owed approximately $29,000 in taxes. The Colony was started about 10 years later next to that land.

"Some (of the docks) have been there a long time," Rose said.

She said that once the land was listed on the Green Acres application the borough does not have much say on its use.

Councilman David Jordan, an Edgewater Colony board member, said he also spoke with Green Acres representatives recently and knew that it had jurisdiction.

"They don’t have any problems with [the docks]," he said.

Jordan said a resident submitted plans to the Department of Environmental Protection to build a dock and was approved. He said the resident wasn’t able to build it because the Borough didn’t decide how to handle the situation yet.

He recuses himself from council discussions on Edgewater Colony but said he expects some type of leasing deal to be set between the Borough and dock owners.

Gregory’s new ordinance will be introduced in October and include a listing of all the Green Acres land in Edgewater.