pdf ZBA March 16, 2015 Minutes Popular

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ZBA 03-16-2015 Minutes.pdf

Here are the minutes from the ZBA meeting where the applicant presents his request.  The section of the minutes pertaining to the composting applicant is as follows:


Bulfamante Compost Site


Anthony Bulfamante and his attorney Andrew Manggio presented for Bulfamante Compost. Mr. Bulfamante owns the property at 3501 rt. 22. It was previously a nursery bought from the Lopane family as a tree farm. They received a denial fornew use from the CEO. Mr. Bulfamante stated that he is a landscape contractor from Westechester County. Mr. Bulfamante would like to compost yard waste. Procedures, material in and out, and scale tickets would be monitored by the DEC. Bagging facility may be introduced and create 8-10 jobs.  The DEC will regulate the cubic yards. Mr. Bulfamante stated he was estimating about 80,000 cubic yards and will monitor the facility. This facility wants to make black dirt not mulch.  They are located in the OC district. There will not be any clearing of the wooded area. Truck traffic will be at its greatest during the spring and the fall season. Heexpects approximately 30-40 trucks a week. Mr. Bulfamante noted that the machines that are to be used are considered quiet and he will supply a decibel reading if needed. Mr. Bulfamante explained to the board the process of how the compost facility would run, and how it would be kept screened from the road. Attorney Everett reviewed the code for granting a Use Variance. The Amenia code states solid waste management facilities defined by the ECL and DEC regulations are prohibited in the Town of Amenia. A yard composting operation is considered a solid waste management facility under the DEC regulations. The only way it’s allowed is through a Use Variance, so Bulfamante would need to meet all the standards. Attorney Everett stated that the SEQRA process will need to be done and the town engineer will need to comment on this application, then a public hearing and a referral to the county. A coordination of lead agency under SEQRA will need to be done. Mr. Bulfamante questioned the existence of a nursery clause for this property. He bought the property 7-8 years ago and stated that he has taken out dead trees and planted new ones. Attorney Everett commented that previous files would have to be researched to find the prior use. Name of the previous nursery is Lopane. Mr. Bulfamante would have to provide a valid argument to the ZBA that the previous nursery was once used as a large scale composting facility (if composting allowed under the nursery use), then prove that it has not ceased operation for more than a year, OR prove that he cannot make a reasonable return if he chooses to sell the property. Attorney Everett read in the various options in which the property can be used. Since all uses are permitted in the OC district, economic hardship will be nearly impossible to claim. The zoning code section with regards to this application will be sent to Mr. Bulfamante. Attorney Everett suggested Mr. Bufamante approach the Town Board for a change in the law, as the ZBA is limited in the relief it can provide.