Proposed revisions to zoning code, Summer 2018

Proposed revisions to zoning code, Summer 2018.
The changes primarily make it clearer that trash is not allowed, including waste-to-energy. Also cleans up some small errors we found since the last revision.
Here is a link to a PDF of the most recent (April, 2016) code.

Deleted language is in strikeout. New language is in italics.

107. Definitions
Trash: Any material intended for disposal as waste, or any material abandoned or deposited without the intent and a clear plan for reuse or recycling. This shall include solid waste or construction debris, a majority of which by weight or volume is not suitable for reuse or recycling.

Garbage, trash and refuse.

1.     Solid waste as defined in 6 NYCRR 360.2

2.     Industrial waste (including process water and leachate)

3.     Any material intended to be disposed as waste

Marketable recyclable materials. Materials removed from previous use that have current commercial value and active immediate markets; other than municipal solid waste.

Refuse. See Garbage, trash and refuse.

Trash. See Garbage, trash and refuse.

308. Use Table
The following table prescribes which uses are permitted in each District. Abbreviations: P = permitted, C = Conditional, N = Not permitted, S = Special Use. The numbers refer to the section of the code indicating the conditions for Conditional and Special Uses.

	Agricultural and Rural Residential (ARR)	Hamlet Residential (HR)	Lakeshore Residential (LR)	Small Business Park and Institutional (BPI)	Conser­vation (C)	Warehouse, Industrial, Transportation, Energy (WITE)
Commercial
Garbage, trash and refuse transloading, processing or disposal	N	N	N	N	N	N
Light manufacturing	C 310.15	N	N	P	N	S 311.19
Municipal Solid Waste Management Facility as defined in 6 NYCRR §360-1.7(a)	N	N	N	N	N	N
Recyclables Handling and Recovery Facility regulated under 6 NYCRR  §361-1	N	N	N	N	N	S 311.19
Transfer Station regulated under 6 NYCRR §360-11	N	N	N	N	N	N
Beverage container redemption operations regulated under 6 NYCRR §367-9	S 311.19	N	N	N	N	S311.19
Waste tire processing regulated under 6 NYCRR §360-13.1(d)(1)	N	N	N	N	N	N
Construction debris processing facilities regulated under 6 NYCRR Subpart §360-16	N	N	N	N	N	N
Waste to energy resource recovery facilities regulated under 6 NYCRR §362.	N	N	N	N	N	N
Warehouse	N	N	N	P	N	C 310.24 P

309.2 General Design Standards

(E) Garbage, trash and refuse. The storage, processing or transloading of waste materials is prohibited.

310. Conditional Uses
310.24. Garbage, trash and refuse. The storage, processing or transloading of any waste materials, except for food processing or agricultural waste and marketable recyclable materials, is prohibited.

310.2   School, over under 35 students.

311. Special Uses

311.1 The application procedure is described in Section 404.2. The Planning Board shall apply the following criteria to all proposed special use permits in addition to any criteria for particular uses specified in Sections 309, 310 and 311.

 (F) As property previously a part of the former Seneca Army Depot may have deed restrictions imposed for environmental concerns, all development activities shall conform to these restrictions. Permit applicants shall provide a copy of the deed or other documentation identifying these restrictions with the application.

311.19. 311.1 (G). The storage, processing or transloading of any waste materials, except for food processing or agricultural waste and marketable recyclable materials, is prohibited.

311.19 Small-scale manufacturing, and handling of materials for reuse, redemption and recycling. Operations shall be indoors, the site plan review shall consider neighboring uses and code restrictions on comparable-scale retail or light industrial uses.

404.2 Special Use Procedure

The Planning Board shall, within thirty (30) days, conduct a public hearing on applications for large businesses Special Use applications referred to it by the Varick Code Enforcement Officer.

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Varick Planning Board June 28, 2018

Varick Planning Board

June 28, 2018

Called to order 7:10 pm

Present: Linda Mastellar (chair), Frankie Long, Hershey Sensenig, Rich Olsen, Thomas Björkman (Secretary)

Minutes approved. Moved Sensenig, Second Long. All in favor.

Code revisions. Discussed additions to code revisions requested by Town Board related to Waste-to-Energy clarification (cite 6 NYCRR §362) and allowance for process water generation (specify transloading, processing and disposal in Use Table.

Björkman will make edits and distribute to members, and then forward to Town Clerk.

Lot line adjustment. Dale Allen.  Parcel 14-1-20.11 on Town Line Rd to transfer 40 ac to neighbor leaving two large lots. All requirements were met. Accepted sketch plan in lieu of survey map. Moved Björkman, Second Sensenig 4 Aye 1 Abstain. 

Mastellar will check with county planning  to see what records they would like.

Code Enforcement. Mastellar will request copies of Code Enforcement report and permits.

Adjourn. Move to adjourn: Sensenig, Second Long. Adjourned 8:10 pm.

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Varick Planning Board May 24, 2018

Varick Planning Board

May 24, 2018

Called to order 7:04

Present: Linda Mastellar (Chair), Frankie Long, Hershey Sensenig, Rich Olsen, Thomas Björkman (Secty).  Absent: David Kidd, excused, one vacancy.

Also: Bill Yale.

Minutes approved: Moved by Sensenig, Second by Olsen.  All in favor.

Conversation with potential Planning board member Bill Yale. Memorial cemetery..5 years ago.  Several years ago to 96A in Varick. Expect to retire here and learn more and give back. Have time.

Town board meeting report.

Rich, Linda and Hershey attended the  workshop. Super useful. Better presentation.

Roles, variances; zany zoning codes by Steinmetz Planning Group.

·      Define all terms, they may be ambiguous or become outdated.

·      Every district needs a purpose statement that shows the intent, that you go back to when there is a question.

·      If a comprehensive plan is updated, the zoning code must be updated immediately afterwards to conform with the plan changes.

·      Signage restrictions can’t be based on language on sign or the type of business (must be by district instead). Can make them safe, no bigger than necessary. Time place and manner of speech can be regulated, whereas content cannot.

·      Remove any unnecessary review criteria.

·      Use tables and graphics as much as usual.

Corey Auerbach (of Barclay Damon), Variances and limitations

·      A use variance goes with the property. (Can’t expand.)

·      Variance does not change zoning, does not create a precedent for other properties seeking similar variances.

·      For a use variance, the criteria for meeting the tests are very strict. Area variances have more discretion by the ZBA.

Power.

·      Electric vehicle charging stations have State tax incentive for installation to increase facilities.

·      Power generation was covered, but speaker from NYS government did not want to discuss proposed trash to power plant in Romulus.

·      Power-plant proposer must pay the cost of government checking information in proposal.

·      Transmission lines. State can overwrite unreasonable local codes.

·      Community choice aggregation. Town contracts for power for the whole town, essentially acts as an ESCO. Want to get green energy, or NYS-generated energy (4-5c/kwh). The Town Board would have to do this.

Planning Board overview

·      Designed for introduction, but was an excellent review.

Dale Allen. Preliminary discussion about lot line shift of 40 acres between two farms. No problems noted. Will expect application.

Code Enforcement Officer. We should be getting regular reports under the code, but we have not. Linda Mastellar will ask him to come to the next several so that we can realign.

Fayette Local Law 2. They are updating their code and they are requesting our comment under SEQR. See an online version at http://townoffayetteny.org.  It addresses , new beverage business like cidery, brewery, distillery; solar and wind installations; and vacation rentals. Comment was due by April 18.

Zoning Code Revisions: Trash language at town board. Board members liked our concepts in March, and we have code ready for the town board. Björkman will ask Donna Karlsen to schedule a public hearing and vote at July 3(11?) Town Board meeting, and to put a presentation on the June 5 agenda which Björkman will attend.

Move to adjourn Hershey Sensenig, Second Rich Olsen. Adjourned 8:39 pm.