At the year end meeting Councilman Mumbach proposed a new local law that would add facilities “for the recapture of methane gas for beneficial re-use or to provide a mechanism to recapture at a solid waste landfill” to the list of principal permitted uses of properties in a Business Light Industrial zone of the Town. Whether or not this new law will actually allow power plants was not discussed. Mr. Mumbach stated he proposed the local law “in response to unjustified and somewhat frivolous law suits”. “There is litigation to block the construction of the power plant by Concerned Citizens of Sardinia, so this local law is proposed.” The current zoning does not list power plants as a permitted use (although the Town Board went forward and granted a special use permit anyway). Obtaining a use variance from the zoning board of appeals which many believe would have been the proper course of action could present insurmountable problems for the project. Recent legal action by the Citizens Committee, requesting compliance to the existing zoning law has resulted in court decisions that seem to have stimulated a tactic to rush through a zoning change. The proposed law was apparently discussed in private with the Town Attorney and prepared without public discussion or notification to the Town Supervisor who learned about it less than 2 hours before the meeting.

            Councilman Mumbach and Fuller attempted to schedule a public hearing on the proposed law as quickly as possible, pushing for a date before the organizational meeting Jan. 10, but settling on a January 24, date to meet legal notification requirements . The Board talked about referring the proposal to the Planning Board for consideration, and voted to declare themselves lead agency pursuant to SEQRA As a part of the role of lead agency the Board will be required to make a determination of the environmental impact of zoning.  Mr. Mumbach notified the public that the Town Attorney was preparing an Environmental Assessment Form regarding the proposed law even though that action was never authorized by the Board, or discussed in public.

At the January 2 meeting, the Planning Board voted to recommend approval of the proposed law with opposition from 2 members. Concerns were voiced that the changes result in cogeneration facilities being listed as principal uses in the zone, rather than requiring a special use permit. A special use permit process retains controls and oversight of projects with potential for significant impact on the health, safety and welfare of the community.

            As with any proposed law, it is a legal requirement to hold a public hearing before such a law can be enacted. The public hearing for this law to change the zoning is January 24, at 7:00