A workshop was held by the Town Board of the Town of Moreau on January 31, 2006 in the Town of Moreau Office Building, 61 Hudson Street, South Glens Falls, New York, for the purpose of discussing the proposed mining law and outdoor wood burning furnace law.

Supervisor Gutheil opened the workshop at 4:27 p.m.

Town Board Members present or absent were as follows:

Harry G. Gutheil, Jr. Supervisor

Rich Hewlett ` Councilman

Bob Prendergast Councilman

Niki Baker Councilwoman

Todd Kusnierz Councilman

None

Also Present: Jeanne Fleury, Town Clerk

The proposed mining law was discussed first.

Joe Patricke recalled for the board members that the last time they met to discuss the proposed mining law they were headed towards not allowing mining in any part of the Town and they had to decide whether or not they were going to allow expansion of existing mines.

As he had done in a previous report to the board, Joe Patricke explained that most of the residential areas in the Town have sandy soil, which is conducive for mining operations. He recalled that Attorney Auffredou had advised the board that non-conforming uses are allowed to expand 50% one time. The question is, is the expansion based on the current footprint or not.

Supervisor Gutheil had concerns over where the Glens Falls Cement Company was going to be years from now with their quarry. He would like to see a plan and know what to expect. He would hate to see it end up as 300 acres if valueless land.

Councilman Kusnierz was in favor of outlawing mining all over the Town. The law could be changed down the road when other boards take over. A mining operation could come before a future board and make a case to have the laws changed.

Supervisor Gutheil thought that scenario would be considered spot zoning and not allowed or at the very least challenged.

Supervisor Gutheil then stated that down the road if natural resources become scare then maybe an argument could be made to change the master plan and zoning.

Councilman Prendergast stated that would be okay with him if we can do it.

Joe Patricke stated that Attorney Auffredou said we could. The question is with the expansions of existing non-conforming uses. Under state law they are entitled to a one time 50% expansion.

It was the consensus of the board that Joe Patricke should inform Attorney Auffredou that the board wants to go with not allowing new mining anyplace in the Town.

The outdoor wood burning furnaces proposed law was discussed next.

One suggestion that was considered was to put a time frame in the law whereby existing outdoor wood burning furnaces would have to be phased out, similar to billboards. It would have to be a time frame that would allow people to recoup their investment.

Councilman Kusnierz stated that in some areas of Town he thought they would be okay. He asked Joe if people use them to heat hot water too and Joe Patricke said some do and some don’t. This could affect the period of operation restriction in the draft law.

The draft law read that the period of operation when wood burning furnaces were allowed to operate was December 1^st through March 31^st. It was the consensus of the board to change this to November 1^st through March 31^st.

The stack heights were discussed again.

Supervisor Gutheil thought they should be outlawed in all subdivisions.

Joe Patricke stated that the draft law allows them in areas zoned R3, R4, R5, Ag Districts, one and two family residential zones and RP zones, but only where there is 5 acres of land or more.

The board asked Joe Patricke to check with Attorney Auffredou and find out if we can make owners of existing outdoor wood burning furnaces comply with new stack heights.

Councilman Hewlett stated he wanted them banned altogether in the Town.

Supervisor Gutheil asked Joe Patricke to give him and idea of how many five acre parcels are in R3 zones now.

Councilman Kusnierz asked Joe Patricke if he had a good handle on how many outdoor wood burning furnaces were currently in use in the Town.

Joe Patricke advised that he hadn’t made a list. He knew where the ones were that had obtained a building permit. Permits have only been required since this draft law first came about.

Councilman Hewlett then stated that he might agree with allowing them in the R5 zones.

Joe Patrick advised that some small subdivisions have been proposed for in the R5 zone.

Joe Patricke will research the questions posed by the board at this workshop and get back to the board with answers.

The workshop was concluded at 6:00 p.m.

Respectfully submitted,

Jeanne Fleury

Town Clerk