Approved Meeting Minutes from Feb 26th Meeting

Town of Varick Planning Board Meeting Minutes

Date of Meeting:  February 26^nd, 2009

Meeting called to order at 7:05pm by Chairman Bill Squires

Attendees:  Thomas Bjorkman Phil Knapp, Bill Larzelere, Linda Masteller, Bill Squires, Kevin Swartley

Absent:  Susan Ottenweller

Guests: Code Enforcement Officer Paul Conroy,  Mr. and Mrs. Tom Wilson

 

New Business:

Mr. and Mrs. Thomas Wilson from 5406 Rt 96 attended the meeting to answer any questions our Board had about their proposed farm store selling fruits and vegetables grown on their property.  There will also be a bakery in the main building.  Tom showed drawings of the proposed main building and green house and said if approved that construction will begin within the next few weeks.

There was a discussion about the use and their plans.  It was noted by Linda Masteller that this is a permitted use in the Agricultural and rural residential zone, based on the size of the operation and the Code use table. 

It was also noted that if the business changed to, for example, selling soft serve ice cream or a small restaurant that they would need to come back to the Board at that time because it would then be required to meet more restrictive conditions and possibly a public hearing. Thomas Bjorkman said that this was a great addition to our Town.

Chairman Squires made a motion to approve the use as presented and Phil Knapp seconded.  The vote to approve was unanimous.

Building permit forms:

Bill Squires noted that the forms our Code Enforcement officer works with need to be computerized, updated, and made available on the web.  Paul Conroy agreed saying they should also be made available in the Town Office for people that want to pick up a copy to begin the process of filing a permit.

A form for applying for a Special Use permit needs to be created.

Bill Squires will work on this project and the first thing will be to make our forms available at the Town Office.

It was discussed that it would be a good idea to make process documents available for completing various building projects in our Town.

Examples would be from a basic building permit, to building a dock, to filing for a sub division, to larger developments.   All agreed that this information would be a beneficial project.

Zoning Code Changes:

Discussion followed about several changes to the code that the Board would like to present to our Town Board around April .  We would like to have a preliminary meeting with the Town Board and the Zoning Board of Appeals before a full Public hearing to adopt the changes. 

 Larzelere made the specific changes on the computer as the discussion proceeded.

Sections in  the code that were discussed and changed are:

·      sec. 104.1, 

·      Definitions for Mobile home paragraph 1&2, and section 310.5

·      Definitions-  Motel, residence

·      Use table –Header containing zone descriptions across top of each page.

·      Sec 306.3  Dock construction and setbacks

·      Sec 309.1 Bulk Table  Top paragraph moved to Sub division code

                 Deleted a second paragraph that was repeated

·    Sec 309.2 Fences and walls changed

·    Sec 309.5 last sentence about common access sites

Schedule:  Squires noted that we may need an additional meeting to finish off changes before meeting with Town Board and ZBA.   No meeting date was chosen.

Larzelere will get a copy of the code with all proposed changes out to the Planning Board  ASAP.

Phil Knapp noted that our next meeting should include going over the list of community concerns from the public information meeting.  He will make sure everyone has a copy of the documented concerns.

Meeting Minutes from Jan 22^nd:   Phil Knapp moved to approve as written.  Linda Masteller  seconded,   Vote was unanimous to approve

Next Regular Meeting Date:    March 26^th  Varick Firehouse at 7:00pm.

Meeting closed: at 9:10 PM

Minutes Submitted by:  Bill Larzelere   Planning Board Secretary

 

                    

 

Approved Meeting Minutes from January 22nd Meeting

Town of Varick Planning Board Meeting Minutes

 

Date of Meeting:  January 22^nd, 2009

 

Meeting called to order at 7:15pm by Secretary Bill Larzelere. Noting several members were absent, the meeting would be brief.

 

Attendees:   Phil Knapp, Bill Larzelere, Linda Masteller, Susan Ottenweller

Absent:  Thomas Bjorkman, Bill Squires, Kevin Swartley

 

Guest: Code Enforcement officer Paul Conroy

 

Minutes Approved:  

Minutes from December 18^th meeting were approved as written. Linda Masteller made the motion to approve and Susan Ottenweller seconded.  The vote was unanimous.

 

New Business:

 New Code Enforcement Officer Paul Conroy introduced himself to the Board and brought a  question about a Permit request from a Mr. Thomas Wilson of  5406 Rt. 96A.  This request was for construction of a 30’x50’ building and a 28’ x150’ greenhouse on a 15 acre parcel owned by Mr. Wilson. Conroy presented the permit request and a drawing showing the buildings on the site with driveway and parking areas also marked out.  The question from Conroy was the purpose of the building which was for a  Farm Store selling fruits and vegetables raised on the property.  Conroy was unsure if all proposed businesses in the Town had to be approved by the Town Planning Board and wanted to make sure we were “all on the same page”.

After discussion, Larzelere noted that the first place to go was the Zoning Code and specifically the Use Tables for the Zone.  This would show if the use was permitted or not and if there were any “conditions” required for the use.  It looked to the Board that this would be an approved use, but would be discussed first with our Chairman and then , if necessary, at the next Planning Board meeting in February.   Larzelere said he would talk to Bill Squires and show him the drawings. 

Paul Conroy also asked a question about if a permit was approved for a building, and after it was built, the owner changed the use of the building to something other that what was on the original permit. How is this to be addressed and handled?  This was put on the discussion list for the next meeting.

 

Larzelere thanked Paul Conroy for his questions and made sure he knew he was invited to all our meetings.

 

The next meeting: was set for February 26^th, 2009 at the Varick Firehouse

 

The meeting was adjourned at 7:45pm

 

Minutes respectfully submitted: Bill Larzelere(Secretary)

 

 

 

 

 

 

Approved Meeting Minutes from December 18th Meeting

Town of Varick Planning Board Meeting Minutes

 

Date of meeting: December 18, 2008 

Meeting called to order:  7:10pm

¨     Attendees:   Thomas Bjorkman, Phil Knapp, Bill Larzelere, Linda Masteller,  Susan Ottenweller, , Kevin Swartley

      Absent: Bill Squires

A quorum was present.

 

With Chairman Squires not present, Thomas Bjorkman agreed to run the meeting.

 

 Suggestion to Bill Squires:  There was a comment that it would be helpful to all if there was an agenda circulated before the meeting.

 

Meeting Minutes:  Bill Larzelere noted that the November minutes had been changed as per e-mail notes from Linda Masteller.  Susan Ottenweller moved to approve the October and November minutes as written.  Phil Knapp seconded. The vote to approve was unanimous.

 

New Business:

Thomas Bjorkman reported that as of August 6, 2008, the Cobblestone Farm in the Town of Varick had been placed on the National Register of Historic Places.  Noting that this was a very desirable happening with much work from the owner, Bob Rozzano, he suggested that a letter of “congratulations” from our Board be drafted and sent to the owners with a copy to the Town Board.  All agreed that this was a good idea and Kevin Swartley made a motion that this be done. Susan O. seconded the motion and the vote to approve was unanimous.  Thomas Bjorkman agreed to draft the letter.

 

Zoning Code Changes:

 

Discussion about the definition of “A Place of Worship”:

 

Susan Ottenweller  reported that in her research  “A Place of Worship” was handled differently in the Zoning codes of surrounding towns.  She also found that  in 2000 Congress passed the Religious Land Uses and Institutionalized Persons Act (RLUIPA) to protect religious groups from zoning and historic landmark regulations that would significantly interfere with religious exercise. Most zoning codes allow places of worship in any zoning district where the impacts of the facility would be similar to other uses allowed in the district; and in all districts that allow public assembly. Ancillliary/accessory  uses such as day care, schooling, homeless shelter, food pantry...even a catering business.... may be regulated separately; although there appears to be considerable case law for ruling that ancilliary uses are integral parts of the church. There is also NY state case law favoring the use of one's home for church services. Most places maintain that localities have the responsibility to respond to legitimate community concerns associated the location of churches including compatibility, noise, traffic...but should be sure to not regulate them more harshly or leniently than similar land uses.

 

Our discussion concluded that the use table will have two categories for “Place of Worship”   One will be “In Home Worship” and will be permitted in all zones.  The second will be a “Place of Worship “ and will be a dedicated building or Church. This building will be allowed in all zones except the Conservation and Green Energy zone as a “conditional use”.  

 

Items that will be addressed for the conditions for a “Place of Worship” will be lighting, signage, screening , and parking.  Parking discussed was 1 parking space for 4 persons of occupancy.   Kevin Swartley has been working on a project for his church in the Town of Fayette and will e-mail the language they use for the conditions of a church in the new Fayette Zoning code. We will use this in consideration of our language.  Possible new conditional paragraph will be 310.23.

 

“In home worship” will be “permitted”  in all zones. 

 

“Restaurants” in use table will be allowed as conditional with 310.18 conditions in all Zones except Hamlets. Hamlet zones will have “Special Use” for restaurants and Churchs because of the need for control of parking, lot design, etc., for correct use in the more dense development area of a Hamlet.

 

Dave Stonesifer Letter to Board 

East Lake Road resident Dave Stonefiser wrote a letter to our board with copy to the Town Board, criticizing the Zoning Code for not allowing Residential Home Care in the Lake District Zone.  Dave’s description of “In Home Care” for disadvantaged folks allowed for a licensed, NYS inspected facility and care for four or fewer people.  After discussion, our board agreed  that this hould be a permitted use in all zones with four or fewer residents cared for.  With 5 to 9 residents cared for the use table will be the same as is now.  This allows these facilities as permitted in all zones except the Lakeshore Residential and Conservation and Green Energy Zones.  A facility with 10 or more residents will have to be investigated to develop consensus. Thomas Bjorkman will write an e-mail to Dave outlining our position and thanking him for clarifying the use.

 

Next Meeting:

The next regular meeting of the Varick Planning Board will be January 22^nd 2008 at 7:00pm at the Varick Firehouse.

 

The meeting was adjourned at 8:35pm

 

Minutes respectfully submitted,

Bill Larzelere- Secretary

 

Approved Minutes from November 20th meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: November 20,2008

Meeting called to order: 7:05pm

Attendees: Thomas Bjorkman, Phil Knapp, Bill Larzelere, Bill Squires, Susan Ottenweller, Linda Masteller(new member)
Absent: Kevin Swartley
A quorum was present.

New Member:
Linda Masteller introduced herself noting she lives on East Lake rd and was very interested to help finish the changes to the new Zoning code. She had attended a couple of our meetings as we developed the code as a member of the general public. Her contact information is on the Varick Planning Board website.

New Business:
The Town of Fayette has an agreement with Seneca County for a 90 day trial period to do code enforcement and building permits.
Discussion by our board concluded that this was a good idea and agree that with the new codes a dedicated full time person that understands the codes is good idea. We would like to know how the arrangement with Fayette works out.

Zoning Code Changes:
Chairman Squires went over his plan for finishing the changes for the Zoning code and possibly the Sub-Division code in the coming year.
Hopes to have the Zoning code finished by the Feb. or march with a public hearing by April. Wants to have an early meeting with the Town Board And the Zoning Board of Appeals when the changes are finalized for a final look and input.

Section 107 Definitions:

Accessory Facility:
Examples: Take out “Transmission equipment” Examples included will be “storage sheds”, “gazebos” and “detached garages”.

Bar: Add definition created at last meeting

Page 4 “Dwelling” “part Therof” add “Inns” 4th line

Page 5 Add “Hotel” State definition

Page 6 “Mobile Home” last paragraph “in two or more parts”



Page 6 Add “Motel” “See Hotel definition”

Page7 Redo “Place of Worship” definition Susan Ottenweller will research other Town's language for this definition.

Page 7 Add to “ Travel Trailer” definition “including but not limited to a tent camper or motor home.”

Page7 Add “Residence” “See Dwelling and Dwelling Multi-family”

Section 310.5 Phil Knapp questioned whether the language about requiring the mobile home to be on a permanent foundation below frostline was correct and reasonable. After discussion it was decided to change the “below frostline “ to “All mobile homes shall, at the least, be on a permanent foundation slab on compacted gravel.”

Mobile Homes: characteristics: page6 2. Designed to be transported on it's own chassis and connected to utilities after placement.

Last paragraph: For purposes of this ordinance, modular homes, which are built and transported to a building site in two or more large parts and are constructed on a permanent foundation below frostline are not considered “Mobile Homes”.

Page7 Add definition of “Temporary Structures” Look up for better language.

Page 9 Article2 Discussion of making two Lakeshore districts. One for East lake Road and one for Rt.89. Decision for now is NO . Future major issues may require re-evaluation of this decision.

Page 12 section 306.3 Side setbacks apply to docks, decks, walkways and boat hoists

Section 308 Use Tables
Bar special use across the board

Page 16 Nursery and Garden Shop Definition to be developed LR rt. 89 “permitted”, LR East Lake rd. “conditional.”

Bulk Table pg18 Development Feature section will come out and go into Sub-Division code

First sentence “ The following restrictions apply to construction on a single lot”

Side and rear setbacks for accessory structures move to below asterisked paragraph

*and ** take out of page 19 but leave in “as is” on page 20

Section 309.2 Fences and walls paragraphC “If mutually agreed upon otherwise fences are to be set back at least one half the height of the fence from the property line.

Need to finalize how to deal with hedges and trees

Minutes from October 30th meeting:

Agreeded to “table” approving minutes because members needed to review the new definition language and the language about drainage design drafted by Bill Larzelere.


Next Meeting:
December 18th 2008 at Varick Firehall at 7:00pm

Meeting adjourned at 9:00 pm.

Minutes respectfully submitted,
Bill Larzelere- Secretary

Approved Minutes from September 26th Meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: September 25th , 2008

Meeting called to order: 7:10pm

¨ Attendees: Thomas Bjorkman, Phil Knapp, Bill Larzelere, Kevin Swartley , Bill Squires,
Absent: Susan Ottenweller
A quorum was present.

¨August 28th Meeting minutes : Kevin Swartley had taken minutes at this meeting because of Bill Larzelere’s excused absence. Kevin will forward his notes to Bill to have the minutes published.


Guest discussions:

Mr. Katul from 5888 E. Lake Rd. is in the process of purchasing this property and wanted to be clear on the rules for building on Lake District lots. His plans will have a main house on the upper side of East Lake Rd and a cottage that he may rent on the lake side of the road. He wanted to be sure he could have two structures on one lot before he finalized the sale. The board reviewed his lot drawing and concluded that it met all of the new conditions in the most recent zoning code changes. The board thanked Mr. Katul for checking before starting the project and suggested that if the project would take a significant amount of time before getting started, that it would be wise to check back with the board in case there were other changes that may not allow his project although there are no plans to change this portion of the code.

Joe Serven of New York Land and Lakes Development Company told the Board about his companies interest in purchasing a 100 acre piece of property on Yale Station road for development of approximately 10 lots with each lot being 5 to 10 acres. There would be about 300 feet of road frontage. The lots would be for residential development and not commercial property. He asked if our Board saw any issues with this concept in this area. He was informed that it would be considered a “major” subdivision and would be subject to all the conditions of the Sub Division code at the time when the project was formally proposed.

Old Business:

Snyder Subdivision - Since no members of the public were at the public hearing on August 28th and proper notice of the hearing was published, a motion tonight was formally made to approve the Snyder Subdivision presented for approval at the August 28th meeting.
Kevin Swartley made the motion and Thomas Bjorkman seconded the motion. The vote was unanimous to approve the motion.


New Business:

Chairman Squires suggested that a stamp be made to be used on approvals of plats for subdivisions.
Kevin Swartley made a motion that the Planning Board Chairman would be the duly designated official to sign the stamp and the Planning Board Clerk would be the secondary official if the Chairman was not present or able to sign.
Phil Knapp seconded the motion and the Planning Board vote was unanimous to approve the motion.
The Chairman will get the stamp made.

Zoning Code Changes:

Discussion of changes to be worked on by our Board and to be presented to the Town Board in a reasonable amount of time.

A preliminary list was developed:
1. Conditions for “Inns” in the use table
2. Conditions for a “Planned Unit Development or PUD” This may be in a revision of the subdivision code
3. Dock Sizes
4. Telecommunication Towers(Update for approved Zones)
5. ZBA enhanced ability to grant variances in reasonable and mutually agreeable situations between parties.
6. Subdivision Code- Simplify minor subdivision process. Make sure an Ag. Data Statement is included.
7. Clarification of the definition of a “Bar”
8. Language on “Canned Hunts”
9. Depot property usages.
10. Drainage Design Language

In the discussion of the drainage design issue Chairman Squires suggested developing a “Site Plan Checklist” for the Code Enforcement Officer to use when evaluating plans presented to him for approval. This checklist could also be on the Varick Website for the public to use in preparing their plans to be approved. All agreed that this was an excellent idea.

Phil Knapp was asked (and he agreed )to compile a list of important issues raised in the Public Information meetings that would be put on the “To Do” list.

Chairman Squires asked the Board to work on three changes for discussion at the next meeting.
These are:
1. Conditions for an “Inn”
2. Definition of a “Bar”
3. Drainage Design Standards

Next Meeting: October 30, 2008 in Varick Firehall at 7:00 pm

Meeting adjourned at 9:00 pm.

Minutes respectfully submitted,
Bill Larzelere- Secretary

Approved Minutes to July 29th, 2008 Meeting

Town of Varick Planning Board Meeting Minutes

Date of meeting: July 29th , 2008

Meeting called to order: 7:10pm

¨ Attendees: Thomas Bjorkman, Phil Knapp, Frankie Long, Bill Larzelere, Susan Ottenweller, Kevin Swartley , Bill Squires, Miles Persing(Code Enforcement Officer)
¨ Special guests: Town Supervisor- Bob Hayssen, ZBA Chairman Bob Taylor

A quorum was present.

Since no Planning Board Chairman was in place since Bob Kayser’s resignation,
Susan Ottenweller (decided by members) called the meeting to order.

Sub division Public Hearing on Ezra Wengard

• Sub division of Ezra Wengard’s property on the corner of Ernsberger Rd. and Rt. 414 was opened for public comment. There was none. Board members asked about a five acre parcel that was separate from the two parcels that were being sold to Reuban and David Stoltzfus. Bill Larzelere informed the Board that this was being sold as part of the “B” lot and that all setbacks and road access appeared to be proper. These parcels will be farmed and be part of the Ag district.
  Thomas Bjorkman moved that this subdivision be passed by the Board. Kevin Swartley seconded the motion. The motion passed unanimously.
  The Public Hearing was closed at 7:15 pm.
  
  Regular Planning Board Meeting
  
  At 7:16 PM The regular meeting of the Planning Board was called to order by Susan Ottenweller
  
  
  ¨ June 26th Meeting minutes approved- TB moved- FL seconded- Voted Unanimous to accept
  
  ¨ Planning Board Chair
  Planning Board members were given an opportunity to state their interest or lack of interest in being the Planning Board Chairman. After much discussion, new member Bill Squires consented to being the Chairman for a one year period. Citing his newness to the Planning Board, he asked that Thomas Bjorkman be able to consult on matters that he did not have knowledge of. Thomas consented.
  Thomas Bjorkman made a motion that Bill Squires be appointed Chairman for a one year period. Susan Ottenweller seconded and the vote was unanimous in the positive. Bill Squires ran the meeting from this point forward.
  
  ¨ Zoning Code Change Discussion
  
  Changes to the new zoning code and suggestions for language were discussed in depth for several “issues” that have come to light since the new code was adopted in December of 2007. These concerns have been brought forth in public comment and letters to the Board.
  
  Decisions made were:
  1. to make Churches “permitted” in the LakeShore Zone in the Use table
  
  2. 302.4 Section1 Common Access in Lakeshore Zone- Discussion of multiple family uses of common lake access- Changed to 2-4 families per 100 ft of lake frontage. For greater than 4 families, an added 20 feet of frontage is required per family. Each 100 foot of frontage can have one dock and boat hoist.
  
  3. Remove, for now, all crossed out text in the existing code and renumber paragraphs. The issues addressed in the crossed out text will be put on a list for future discussion.
  
  4. Building/lot specifications
  
  Impervious surface- Decision was made to remove the impervious surface requirement in the code and deal with scale of housing on a lot by defining the “building envelope” allowed on a lot. After much discussion, the amount of a lot under roof will be 25% or 2000 square feet whichever is greater.
  
  Side setbacks- in the Lakeshore zone only will be changed to 10 feet
  
  House height – in Lakeshore Zone will be increased from 25 feet to 35 feet although recognizing that more lot coverage with a single story house was preferable to a two or three story house that will block lake view.
  
  Discussion was also about the 80% coverage allowed in the Hamlet district as too much and most agreed it was too high, but would be put on the list for further discussion.
  
  Kevin Swartley suggested a 25% lot coverage in the Rural/Ag District instead of 20% on a minimum .7 acre. All agreed.
  
  5. Docks
  Section 306.3. Increase allowable dock surface area to 850 square feet and reduce the side set back to 10 feet. This includes boat hoists as well.
  Section 107. Add definition of dock and seawall as approved at the May 22, 2008 Planning Board Meeting.
  Section 308, Use Table. Add Seawall as a Conditional Use in the Lake and Lakeshore Districts.
  Section 310.22. Add condition on seawalls that permission is obtained from state and federal agencies before construction or repair.
  
  6. Storage Sheds and/or Accessory Facilities
  All sheds bigger than 144 square feet need a building permit(County requirement)
  In all Zones- all sheds less than 200 square feet and 15 feet in height will have at least a 5 foot side and back setback from property line. Sheds larger than 200 square feet will have at least a 10 foot side setback from a property line.
  Sheds will have a 70 foot front setback from the centerline of the road or be “in line” with the setback of the house on the property.
  Lakeside sheds for beach storage will be setback same as existing sheds on adjoining properties.
  Sheds in Rural Residential Zone used for vegetable/baked goods sales stands are allowed.
  
  Thomas Bjorkman - moved to accept all proposed changes to the Varick Zoning Code as described and forward to the Varick Town Board for further discussion and Public hearing. Susan Ottenweller seconded the motion and the vote was unanimous in the affirmative.
  
  
  Next Meeting: August 28th 2008 in Varick Firehall at 7:00 pm
  
  Meeting adjourned at 9:15 pm.
  
  Minutes respectfully submitted,
  Bill Larzelere- Secretary

Summary of proposed Zoning changes

The Varick Planning Board has proposed the following changes in the Zoning Code in order to rectify issues that have been identified since it was enacted last December. The proposed changes are the most pressing and considered relatively easy to resolve. The Planning Board and Town Board will work on the more intricate, difficult or controversial issues this fall.

These proposed changes are the subject of a public hearing on August 19, 2008 at 7 pm in the Varick Fire Hall, followed by a special meeting of the Town Board to act on them.

The full code with changes marked is available for download at http://www.varickny.com/TownDocuments/VZCDraft8-19-08.pdf (0.5 MB)

1. Impervious surface and structure height
Section 309.1, Bulk Table. Delete restrictions on impervious surface. Change Lakeshore Residential to 25% structure or 2000 sq ft. whichever is greater; increase maximum height from 25 ft to 35 ft; and decrease side and rear setbacks from 15 ft to 10 ft.

This change allows for larger houses, and provides a measure of scaling for the smallest lots. (They still need to meet setbacks.) Any amount of blacktop or pavement will be allowed. We will need to deal with water quality issues in another manner.

2. Docks
Section 306.3. Increase allowable dock surface area to 850 square feet and reduce the setback to 10 feet. Note that the setback applies to hoists as well.
This change accommodates all the docks currently at issue.

Section 107. Add definition of dock as approved at the May, 2008 Planning Board meeting.

This addition clarifies what constitutes a dock and how to measure its size.

Section 308, Use Table. Add Seawall as a Conditional Use in the Lake and Lakeshore Districts
Section 310.22. Add condition on seawalls that they permission is obtained from state and federal agencies before construction or repair.

These provisions primarily help landowners avoid getting in expensive trouble with regulators.

3. Small sheds
Section 309.1, Bulk Table. Added line for Accessory Facilities under 200 sq ft and 15 ft high, and provide a setback of 5 ft.

This change lets homeowners put small sheds a little closer (5 ft) to the side and back than they would otherwise (10 ft). The front setback is not reduced.

4. Funneling
Section 309.5 (G). Insert section 302.4 (I) and (J) from the previous code into the paragraph regarding Common Access sites.

This change restores funneling limits that existed previously and was unintentionally deleted. Scaling for more owners was simplified.

5. Remove restriction on churches
Section 308, Use Table, Second use (Places of Worship). Change the LR zone from C310.11 to P.

Eliminates concern about restriction on churches. Given the high sensitivity of East Lake Road residents to on-street parking and congestion issues, some other way must be found to deal with potential parking issues.

6. Deleted text
Parts of 309.2, 309.4 and 309.5, 310.3. Remove all text that was crossed out on Dec. 4. and renumber paragraphs as necessary.

This change has no effect on what is permitted, but makes the text easier to interpret.