Schuyler County joins opposition to Romulus incinerator project

Schuyler County is the latest local government to oppose the proposed “Circular enerG” garbage incinerator project at the former Seneca Army Depot in Romulus, Seneca County, New York.

Citing environmental concerns, negative effects on agriculture and tourism, and local opposition from the Town of Romulus and County of Seneca, the Schuyler County Legislature voted Monday (June 11) against the project, which would be the state’s largest trash incinerator.  The vote was unanimous.

“The wine, craft beverage, agriculture, and agri-tourism industry is driving job creation and economic growth in the Finger Lakes,” the legislature held, further noting that, “trash incineration is not compatible with current or future economic development goals of the region, nor with New York State’s renewable energy standard.”    Therefore, the resolution says, state and federal officials should reject the project.

In a separate vote, the legislature unanimously resolved to support legislation introduced by Senator Tom O’Mara, Senator Pam Helming, Assembly Minority Leader Brian Kolb, and Assemblymen Phil Palmesano and Michael Cusick, that would help block the facility.   That legislation would prevent power projects that burn garbage from receiving expedited permitting through the “Article X” process. Instead, those projects would be required to conform with local laws, applicable environmental rules, and the state solid waste management permitting process.

Both resolutions were submitted to the legislature by the County’s Planning Department (Kristin VanHorn, Director), with assistance from the County Administrator (Tim O’Hearn), the Schuyler County Attorney (Steven Getman), the Clerk of the Legislature (Stacy Husted) and the County’s Community Development and Natural Resource Committee.  The motions to pass each were made by legislator Mark Rondinaro (Town of Reading) and seconded by legislator Van Harp (Town of Hector).

Romulus Town Supervisor, David Kaiser, an opponent of the project, praised Schuyler County officials.

“I want to personally thank the Chair of the Schuyler County Legislature, Dennis Fagan, and his fellow county officials who worked to pass these resolutions,” Kaiser said.  “If this incinerator project is approved, it will have a devastating impact on Romulus and the Finger Lakes region. Allowing a giant trash incinerator disguised as a power plant to move forward over local opposition is unfair to our residents and existing businesses.”

The Circular enerG facility would require the daily delivery of more than 1,000 tons of trash to the site, primarily from New York City, and withdraw 445,000 gallons of water daily from Seneca Lake.   News reports indicate that a 260-foot smoke stack will emit chemicals that may be harmful to human health, and that the facility will be located near the Romulus Central School and the Hillside Children’s Center. 

After the project met strong opposition from the community, the company asked for “Article X” approval from the state's Public Service Commission rather than the Town of Romulus in an attempt to bypass local review.   Circular enerG also sued the town in a bid to overturn recent local zoning decisions blocking its construction.

Schuyler County joins county legislatures in Seneca, Tompkins, Yates and Ontario as well as the town boards of Romulus, Geneva, Lodi, Ovid, Seneca Falls, Varick and others in opposing the project.

The text of each Schuyler County  resolution is available here.

Resolutions of the Schuyler County Legislature: Opposing Proposed Garbage Incinerator, Seneca County, New Y... by Steven Getman on Scribd

Town of Ovid, Seneca County, New York: Planning Board Vacancy

The Ovid Town Board is undertaking a renewal of the Comprehensive Plan for the Town of Ovid.

The Town is accepting letters of interest with qualifications from town residents interested in being appointed to two positions on the Ovid Town Planning Board.

Letters of interest should be sent to Town Clerk James Vangalio at PO Box 452, Ovid, NY 14521. Letters should be received before December 12, 2016.

For more information, contract Supervisor Walt Prouty at 607.279.7170

Ovid moves forward with comprehensive plan

The Ovid Town Board is beginning a renewal of the Comprehensive Plan for the Town of Ovid and the public's help is requested.

The town is now accepting letters of interest with qualifications from town residents interested in being appointed to two positions on the planning board.

Letters should be sent to Town Clerk James Vangalio at PO Box 452, Ovid NY 14521 and must be received before February 10, 2016.

For information about these positions call Town Supervisor Walt Prouty at 607-279-7170, Planning Board Chair Al Deming at 607-869-3566, or Town Clerk James Vangalio at 607-869-3907.

Ovid Interviews Comprehensive Plan Consultants

Finger Lakes Community Newspapers:

The June 10, 2015, meeting of the Town of Ovid board was opened by supervisor Walter Prouty...

Councilman Brian Flood inquired about the status of the search for a consultant for the town’s anticipated Comprehensive Plan for land management. Town attorney Steven Getman said he had a couple of responses. When the successful candidates have been chosen there needs to be an interview at which specific questions are asked, as suggested by Councilman John Hubbard.

Getman said, “My recollection is that the Planning Board and the Town Board members were to submit questions to me so I can have a chance to look at them ahead of time and make sure all areas are covered.”

Once he comes up with an approved list of questions, each boards’ members will be assigned questions to be asked of each candidate to put all on the same playing field. It was decided that the candidates will be given up to 10 minutes for presentation and 10 minutes to answer questions.

Getman felt that the sooner he gets the questions from the boards, the easier it will be to get the questions on the short list.

Notice of Special Joint Meeting: Ovid Town Board and Ovid Town Planning Board

There will be a special joint meeting of the Ovid Town Board and the Ovid Town Planning Board on the 24 day of June 2015 at 7:00 pm at the Ovid Firehouse, 2136 Brown Street, Ovid, New York.

The purpose of the special meeting is to hear oral presentations from finalist candidates in response to the town’s “Request for Proposals, for Professional Consulting Services, Establish/Revise the Town’s Comprehensive Plan.”

Copies of the proposals received are available on the town's website.

Romulus adopts revised zoning law

Following a public hearing, the Town Board of the Town of Romulus, at the Town Office Building, 1435 Prospect Street, Willard, New York 14588 AT 7:30 p.m. on the 20 day of May, 2015, did duly adopt: Local Law 1 of the Year 2015, “A local law to amend the Zoning Ordinance for the Town of Romulus, Seneca County, New York.”

1. The purpose of this local law is to amend the Zoning Ordinance for the Town of Romulus, Seneca County, New York, to better reflect existing and proposed uses of land upon the portions of the former Seneca Army Depot that are located within the Town of Romulus.

2. Zoning text and map changes: Portions of the existing Energy Development district (3,186 acres) proposed to be rezoned to a new Warehouse, Industrial, Transportation, Energy (WITE) district; 342 acres proposed to be rezoned to Agricultural, which permits residences and other uses. Zoning text changes include new and modified definitions and special use permit criteria for uses permitted in the new WITE zoning district and in the existing zoning districts within the Depot (IW [Industrial Warehouse] and IG [Institutional Governmental].) An Environmental Restrictions Overlay District delineates a portion of the former Depot where land uses are restricted as a condition of completed environmental remediation. The Environmental Restrictions Overlay District coincides with the boundaries of the existing Industrial/ Warehouse District.

3. This Local Law shall become effective upon filing with the Secretary of State of the State of New York, as required by the Municipal Home Rule Law. This law supersedes the Town of Romulus Land Use Ordinance, adopted 12/20/06 as amended from time to time.

The complete text of the adopted local law is available from the Office of the Town Clerk, Town of Romulus, 1435 Prospect Street, Willard, New York 14588, during normal business hours and at the town’s website.

Public Hearing: Romulus Town Rezoning

A public hearing will be held before the Town Board of the Town of Romulus, New York, at the Town Office Building, 1435 Prospect Street, Willard, New York 14588 at 7:30 p.m. on the 20 day of May, 2015, concerning the following proposed local law: Proposed Local Law No. B of the Year 2015, “A local law to amend the Zoning Ordinance for the Town of Romulus, Seneca County, New York.”

The purpose of this local law is to amend the Zoning Ordinance for the Town of Romulus, Seneca County, New York, to better reflect existing and proposed uses of land upon the portions of the former Seneca Army Depot that are located within the Town of Romulus.

The complete text of the proposed local law is available from the Office of the Town Clerk, Town of Romulus, 1435 Prospect Street, Willard, New York 14588, during normal business hours and at the town’s website.

At the public hearing, all interested persons will be given an opportunity to be heard.

State Court Docket Watch December 2014

New Edition of State Court Docket Watch

In an effort to increase dialogue about state court jurisprudence, the Federalist Society presents State Court Docket Watch. This newsletter is one component of the State Courts Project, presenting original research on state court jurisprudence and illustrating new trends and ground-breaking decisions in the state courts.

For more information, click here.

New York's high court says towns and villages can ban fracking

In a long-awaited decision, the New York State Court of Appeals has upheld the right of towns and villages in the State to ban natural gas drilling, sometimes referred to as "fracking."

Environmental groups are hailing the decision. Others warn that the bans may hurt job growth.

The complete decision is here.

Notice of Public Hearing, Proposed Local Law 2014-A, Town of Ovid

A public hearing will be held before the Town Board of the Town of Ovid, New York, at the Ovid Fire House, 2136 Brown St, Ovid, NY 14521 at 7:00 p.m. on the 11th day of June, 2014, concerning Proposed Local Law No. “A” of the year 2014: “Repealing Local Law No. 1, 2004 of the Town of Ovid,” which provides:

SECTION ONE: LEGISLATIVE INTENT

In 2004, the Town of Ovid enacted a Local Law No. 1 of the Year 2004, commonly referred to as the town’s “land use ordinance.” Rather than relate directly to the physical use of land, the utilization of land or the potential impact of a particular land use on neighboring properties, this local law provides for minimum lot sizes and setbacks for most properties within the town. It establishes a permitting process, to be overseen by the town clerk and it provides that the law will be enforced by an “enforcement officer” and “alternate enforcement officer,” each to be designated by the town board. The law also sets forth penalties for violations and an appeal process, with such appeals to be made to the town board and requiring a public hearing for each appeal.

A review of the history of this local law appears to suggest that practical and fiscal difficulties exist with the enforcement and administration of this local law.

Further, the Town of Ovid is concerned about uncertainties in the existing New York State tax cap law, including how expenditures mandated by law and expenditures and revenues controlled by the county and state interact with the tax cap, as well as increasing costs, such as unfunded mandates, over which the town’s control is limited. The Town is also concerned about Governor Cuomo’s proposal to implement a two-year freeze on property taxes in school districts and localities that stay within the two percent tax cap. The town board is accountable to prepare a responsible budget, which meets the Town’s obligations while minimizing the tax burden.

The town board is aware that the County of Seneca has adopted the following local laws which are in effect throughout the county and address various concerns related to building permits, land use and building safety:

Seneca County, Local Law No. 2 of the year 2006: “A local law providing for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code and the State Energy Conservation Construction Code in the County of Seneca,” (Amended By Local Law No. 1-2008 & Local Law No. 1-2010);

Seneca County, Local Law No. 3 of the year 2012: “A local law to provide safe, stable, housing for recipients of public assistance within Seneca County;” and

These Seneca County Local Laws provide for administration and enforcement by county officials, through the offices of Seneca County Code Enforcement and Division of Human Services.

Based upon the foregoing, in order to minimize the tax and regulatory burden on town residents, and in light of existing regulations at the county level, it is currently the opinion of the town board that the “land use ordinance” appears to be unnecessary at this time and unduly burdensome on the town’s finances and operations.

Therefore, the town board proposes to repeal this local law while the town board and the town planning board continue its general study and review of new land use laws.

SECTION TWO: REPEALER

Local Law No. 1, 2004 of the Town of Ovid, commonly referred to as its “land use ordinance” is hereby repealed in its entirety.

SECTION THREE: EFFECTIVE DATE

This Local Law shall take effect immediately upon its filing with the Secretary of State of the State of New York in accordance with the Municipal Home Rule Act of the State of New York.

The complete text of the proposed local law is available here.

Sale of Seneca Falls building may be decided

Finger Lakes Times:

SENECA FALLS — The battle over the Arcade Building may be over. Supervisor Don Earle said terms of a settlement are nearing completion and should be ready by Tuesday night’s Town Board meeting.

Earle said attorney Steven Getman of Ovid, who was hired to represent the board in litigation against [the] Zoning Board of Appeals, will attend.

“I believe the settlement will involve the developer giving up the use variance he obtained from the ZBA and accepting a new variance that limits the number of units in the building,” Earle explained.

The dispute began last year when Ithaca developer Basil Vlahos put in a purchase offer for the Arcade Building at 81-83 Fall St., then owned by Jack Pross. Vlahos submitted plans to convert the three-floor building into housing units, along with two retail spaces at street level.

The town Zoning Board of Appeals approved his plans, but the Town Board objected to the number of apartments proposed

Town Board continues battle over variance for Arcade Building

Finger Lakes Times:

The ongoing dispute between the town [of Seneca Falls] and the owner and a potential developer of the Arcade Building downtown will highlight tonight’s Town Board meeting.

The building, at 81-83 Fall St., is now owned by Jack Pross of Michigan. It is primarily a commercial building, with a single apartment in the rear of the street level floor.

Pross wants to sell it to Basil Vlahos of Ithaca for conversion to up to eight apartments on the building’s four floors.

The sale is contingent upon Vlahos getting approval for the residential use. He was granted a variance by the town Zoning Board of Appeals.

However, the town Planning Board opposed the variance.

The Town Board...voted in December to challenge the ZBA decision in court. [On the ground that] the residential use is inappropriate for downtown and would change the character of the downtown, among other reasons.

They also claim there is not enough parking for an eight-unit building.

The town has hired attorney Steven Getman of Ovid to handle the legal challenge.

Town of Seneca Falls files petition against zoning board

Finger Lakes Times:

Attorney Steven Getman has served an order to show cause on the town Zoning Board of Appeals.

The Town Board objects to the ZBA’s decision to grant a use variance to the owner of the Arcade Building at 81-83 Fall St. that would allow the building to be converted to as many as eight apartments on its three levels, along with commercial uses in the street-level offices.

Seneca Falls Town Board retains Getman to file action against ZBA

Finger Lakes Times:

Following a 100-minute closed-door session Tuesday night, the Town Board voted to sue the town Zoning Board of Appeals over a recent decision regarding a downtown building.

The board takes issue with the ZBA’s decision to grant a variance to the owner of The Arcade Building at 81-83 Fall St., allowing it to have up to eight apartments.

Board member Emil Bove made a motion to direct Supervisor Donald Earle to hire attorney Steven Getman of the Franklin & Gabriel Law Firm in Ovid to take legal action challenging the ZBA’s Oct. 25 decision.

Town officials said the ZBA erred in granting the area variance to owner Jack Pross to convert the building, saying eight apartments is too many and there would not be sufficient parking for tenants.

Upstate New York Village Latest to Ban Puppy Mills

Seneca Daily News:

The Village of Interlaken is the latest community in upstate New York to ban so-called “puppy mills.”

The law prohibits the construction or operation of any new commercial pet breeder or large-scale kennel facility and halts the expansion of any existing facilities....

[D]ogs rescued from puppy mills often exhibit health and behavioral problems including severe malnutrition and injuries from living an entire life on wire mesh flooring....

The law was drafted by local attorney Steven Getman. It was passed following a public hearing in February and a review by the Seneca County Planning Board.