Legoland, More than just No Amusement Parks

Dear Nieces and Nephews

“On Thursday, town attorney Richard Golden said he’s been trying to find out exactly how that amusement park prohibition came about in Goshen.”

http://www.recordonline.com/news/20170803/goshen-planning-board-oks-zoning-for-legoland-theme-park 

Rick Golden must be overwhelmed! The poor man is wearing so many hats, it is difficult for him to keep up! Both he and his legal moppet have been quite busy! The clue to the “history” of the zoning and how it came about is right there in the Town Code!

Your Auntie felt some compassion for Mr. Golden so she and the Team went to work!!!

No amusement parks? Maybe it has something to do with the lack of water (and the risk of over-development) which in reality, still exists:

“The project has been floating around Orange County for awhile. Trafficante passed on the Nepera site in Woodbury before a developer led her to Goshen, a town notorious for water shortages.” http://www.recordonline.com/article/20070716/NEWS/707160323 

(PS this is the project where the “developer” Lillianna Trafficante was sentenced to Federal Prison because the Go Ocean project was a scam. Was Dougie in support of that one too?)

The one condition? The builder has to find a water source for the proposed 95-room inn.

That’s because a 1992 zoning change that paved the way for a hotel in the water-parched village also mandated that any future hotel supply its own running water. But it seems in the years the plans were dormant, a well on the 5.8-acre Hatfield Lane hotel site has all but run dry. http://www.recordonline.com/article/20030116/NEWS/301169983 

“With concerns about over-development and its impact on the town’s water supply, we want to find out what impact this project will have on the town,” she said.

http://www.recordonline.com/article/20040803/NEWS/308039996 

Please look at the following chapter in the Town of Goshen Code. Note the items in red.

Chapter 97 Zoning

[HISTORY: Adopted by the Town Board of the Town of Goshen 1-22-1973 by L.L. No. 2-1973; amended in its entirety 6-10-2004 by L.L. No. 5-2004. Subsequent amendments noted where applicable.]

http://ecode360.com/9942089 Article 2

Establishment of districts.

A. Land use districts. For the purpose of this chapter, the Town of Goshen is hereby divided into the following land use districts:

(1) Rural District (RU). The purpose of this district is to promote agriculture and compatible open space and rural uses and to guide residential development so that it protects large blocks of the Town's open space. See §§ 97-18 through 97-23.

(2) Agricultural-Industrial District (AI). The purpose of this district is to preserve the unique soils in prime black-dirt areas in the Town for agricultural use and to protect farm operations from the impacts of nonagricultural uses, thereby supporting the continuance of a strong agribusiness sector. See § 97-13.

(3) Highway Commercial District (HC). The purpose of this district is to allow commercial uses that rely heavily on automobile and truck access in locations with adequate road capacity, while minimizing their traffic and visual impact on the Town. See § 97-14.

(4) Commercial/Office Mixed-Use District (CO). The purpose of this district is to allow areas for well-buffered light industrial, service commercial, office and research facilities with minimal visual impact. Such districts may also include, where compatible, housing and limited retail commercial development, by site plan and/or special permit, intended to support the primary uses or to provide adaptive reuses for existing commercial or industrial buildings. See § 97-14.

(5) Industrial District (I). The purpose of this district is to allow industrial and related uses that are not compatible with most commercial, office, or residential uses, in isolated and well-buffered locations. See § 97-14.

(6) The purpose of the Hamlet Residential District (HR) is to allow the creation of adjoining residential neighborhoods at the traditional scale and density typically found in rural hamlets and villages, provided that water and sewer service is available. In the absence of water and sewer infrastructure, the HR District shall be subject to the regulations of the RU District. See § 97-15.  

Overlay districts. In addition to these land use districts, the following overlay districts are hereby created. The purpose of most overlay districts is to protect specific types of resources such as floodplains, stream corridors, road corridors and groundwater. Overlay districts do not change the use and dimensional requirements of the underlying land use districts unless specifically stated in this chapter. They do impose specific requirements that must be followed. On any given parcel of land, more than one overlay district may apply, and the Planning Board shall have the discretion to determine how best to reconcile the requirements of different overlay districts. Unless there is a sound reason to do otherwise, the more restrictive requirements will apply.

(1) Floodplain and Ponding Area Overlay District (FP). The purpose of this overlay district is to control development within areas subject to periodic inundation and ponding. See § 97-25.

(2) Stream Corridor and Reservoir Watershed Overlay District (SC). The purpose of this overlay district is to protect the scenic character and water resource values of designated rivers and streams and the water quality of Village of Goshen's reservoirs. See § 97-26.

(3) Aquifer Overlay District (AQ). The purpose of this overlay district is to protect groundwater resources that provide both public water supplies and drinking water for private wells. See § 97-27.

(4) Soil Mining Overlay District (SM). The purpose of this overlay district is to provide appropriate locations for soil mining to occur where it can encourage commercially viable agriculture by enabling farm operators to supplement their farm income. See § 97-28.

(5) Scenic Road Corridor Overlay District (SR). The purpose of this overlay district is to protect the scenic character of roads in the Town that are in areas that remain substantially undeveloped and/or provide important scenic views, pursuant to the Town's Open Space and Farmland Preservation Plan, as it may be amended from time to time. See § 97-29.

Also refer to http://ecode360.com/9942089 (Article 5)

http://ecode360.com/9942089 Chapter 97 Article 10

Procedure.

A. Initiation. The Town Board, from time to time, upon its own motion or upon application by one or more property owners, or resolution of the Planning Board or Zoning Board of Appeals, may amend this chapter as provided herein. A property owner or authorized agent may apply for amendment to this chapter by filing three complete sets of an application with the Town Board and two complete sets with the Planning Board. The application shall include a description of the property or properties affected, a map showing the property or properties affected and all properties within a radius of 500 feet of the exterior boundaries thereof and the applicable filing fee. In the case of a proposed amendment which would apply only to properties which are not immediately identifiable or to a class of properties including six or more identifiable properties, no properties need be identified as affected.

B. Review by planning agencies. As an aid in analyzing the implications of proposed amendments and to coordinate the effect of such actions on intergovernmental concerns, the Town Board shall refer proposed amendments to the Town Planning Board and to the County Planning Department as required by §§ 239-l and 239-m of the General Municipal Law.

(1) Referral to County Planning Board. No action shall be taken on proposals referred to the County Planning Board until its recommendation has been received or 30 days have elapsed after its receipt of the full statement of the proposed amendment, unless the county and Town agree to an extension beyond the thirty-day requirement for the County Planning Board's review.

(2) Referral to Town Planning Board. Every proposed amendment or change initiated by the Town Board or by petition (but not if initiated by the Planning Board) shall be referred to the Town Planning Board for report thereon prior to public hearing. If the Planning Board does not report within 45 days of such referral, the Town Board may take action without the Planning Board report. This period of time may be extended by agreement of the Town Board and Planning Board.

C. Public hearing and notice. No proposed amendment shall become effective until after a public hearing thereon at which the public shall have an opportunity to be heard. The Town Board shall set, by resolution at a duly called meeting, the time and place for a public hearing on proposed amendments and shall cause public notice to be given as required by the laws of New York State and specified below. If a proposed amendment is initiated by petition, the petitioner shall be responsible for publication of notice and for notice to adjacent municipalities, if necessary.

(1) Publication of notice in newspaper. Notice of the time and place of the public hearing shall be published at least 10 days in advance of such hearing in the official newspaper. This notice shall provide a summary of the proposed amendment in such reasonable detail as will give adequate notice of its contents, indicating the place or places where copies of the proposed amendment may be examined and the time and place of the hearing.

(2) Notice to adjacent municipalities. Written notice of any proposed amendment affecting property lying within 500 feet of an adjacent Town shall be served in person or by mail upon the clerk of such municipality at least 10 days prior to the date of public hearing. Representatives of neighboring municipalities receiving notification of a proposed amendment shall have the right to appear and be heard at the public hearing thereon but shall not have the right to review by a court.

D. Adoption. The Town Board may adopt amendments to this chapter by a majority vote of its membership, except in the case of local protest or disapproval by the County Planning Board as noted below.

(1) Local protest. The favorable vote of at least 3/4 (i.e., four) of the Town Board members shall be required for passage of any amendment which is subject to a written protest signed by 20% or more of the owners of land in any of the following areas:

(a) The land area included in the proposed amendment.

(b) The land area immediately adjacent to the area proposed to be changed and extending 100 feet therefrom.

(c) The land area directly opposite the area proposed to be changed and extending 100 feet from the road frontage of such opposite land.

(2) County disapproval. A majority-plus-one vote of all Town Board members shall be required to pass any proposal which receives a recommendation of disapproval from the County Planning Board prior to Town Board action, along with a resolution setting forth the reasons for such contrary action

E. Effective date. Unless the amendment provides for a different effective date, each amendment adopted by the Town Board shall take effect when filed with the Secretary of State of the State of New York pursuant to the Municipal Home Rule Law of the State of New York.

As Rick says: “Follow the law”.