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5-17-07

Corinth Residents,
At last night’s board meeting at the Corinth High School Auditorium, our board passed zoning amendments that prohibit burning or processing of waste in the Village. (See zoning amendment in my previous message 4-11-07).  A copy of the resolution made last night in passing this amendment is attached. This resolution grandfathered Philmet’s request to build a “plastics manufacturing facility” and to upgrade, expand, and modernize an existing power plant on the property to be fueled by wood (unadulterated) and/or other traditional fuel sources”.  Any other uses will require a special use permit by the Village Board.  A letter received yesterday (see attached) from Philmet’s attorneys is addressed to the Planning Board to commence the site plan application that specifies Philmet’s intent to build the plastics facility and power plant per the site development agreement that our Village Board has already approved. (See letter from the Mayor 3-8-07.).  This site plan application is incomplete and further applications will be reviewed when received.
Philmet’s letter also stated that it expects the Development Agreement and Restrictive Covenants to be signed in the “very near future.”

Sincerely,
Brad Winslow, Mayor

Resolution #166
Offered by Trustee Enekes
Seconded by Trustee Densmore
            WHEREAS, there has been public notice of the Village’s intent to enact a Local Law entitled AMENDMENT TO THE CODE OF THE VILLAGE OF CORINTH  ADDING A NEW SECTION 138-18A TO ARTICLE V OF CHAPTER 138 “ZONING” ENTITLED, “BURNING OF WASTE” WHICH SECTION SHALL PROHIBIT THE BURNING AND/OR PROCESSING OF SOLID WASTE, INDUSTRIAL WASTE, C&D DEBRIS AND/OR MUNICIPAL SOLID WASTE AND REQUIRE A SPECIAL USE PERMIT FOR USE OF ANY FUEL SOURCE TO RECOVER OR GENERATE ELECTRICITY (the “Local Law”); and
            WHEREAS, full and proper notice of a public hearing to consider enactment of the Local Law has been given; and
            WHEREAS, the Board has received public comment; and
            WHEREAS, the Board has previously authorized the Mayor to sign a Site Development Agreement with Philmet which agreement obligates the Village to, among other things, in good faith, consider further revisions to the Local Law to permit certain manufacturing uses such as the Facility and Power Plant, as those terms are defined therein to remain as of right uses; and
            WHEREAS, Philmet has as of today’s date submitted a letter and renderings of its proposed project to commence the site plan application process (the “Philmet Application”) and has further indicated that the agreements and related documents will be signed in the very near future; and
            WHEREAS, after due and full consideration, the Board has determined to enact the Local Law with its provisions to be effective as of May 17, 2007 subject, under limited circumstances, to grandfathering applications pending as of the date of the enactment of the Local Law so long as such applications do not involve the burning and/or processing of solid waste, commercial waste, industrial waste, C&D debris and / or municipal solid waste as those terms are defined in the Local Law;
            NOW, THEREFORE, BE IT RESOLVED THAT:

1.      The Local Law is hereby enacted effected May 17, 2007; subject to:  Any use(s) in an Industrial District for which an application has been initially submitted prior to the effective date of this Amendment shall not be considered or evaluated under the Amendment’s provisions unless that application involves the burning and/or processing of solid waste, commercial waste, industrial waste, C&D debris and / or municipal solid waste as those terms are defined in the Amendments.  Further, if such application is approved and/or permitted by the applicable Village bodies, entities, and/or departments (even if such approval occurs after the effective date of this Amendment), the use(s) shall be deemed to have a Special Permit, and the use(s) shall not be rendered nonconforming.  Any subsequent enlargement, expansion, and/or modification of a building or structure containing such a use(s), so long as there is no change of use(s), shall require only site plan approval from the Village Planning Board, not a Special Permit.

2.      Special Counsel is directed to expeditiously prepare a draft of technical amendments to the Local Law to address issues raised by the Saratoga County Planning Board and any other technical amendments as may be necessary to carry out the intent of the Local Law.

Present & Voting:
Trustee Melanie Denno – aye
Trustee Pauline Densmore – aye
Trustee Julius Enekes – aye
Trustee Leigh Lescault – aye

Philmet Letter to Planning Board

Philmet Enclosures to Planning Board