tonight's meeting

Zoom deets:

https://endicottny.com/local-government/board-meetings/

Public Hearing: Endicott Board of Trustees July 20, 2020, at 7:00 PM: "A Local Law Repealing The Local Law Making Recycling Facilities A Permitted Use In Industrialized Zones"

Meeting Link: https://us02web.zoom.us/j/82089707613
Meeting ID:  820 8970 7613
Dial-in phone number:  1-929-436-2866

What I will discuss:

• Prior to 5/7/2020 there was an EXPRESS PROHIBITION on incinerators in the VIllage of Endicott in any zone.
  
  https://ecode360.com/26797943
  
  
  
  
  
  
  
• In order to put an incinerator in the Village, the zoning had to be changed to REMOVE THE PROHIBITION. 
  
  
• Mayor Linda Jackson repeatedly called this "adding special restrictions on recycling facilities", however, the 2010 NYS Rechargeable Battery Recycling Law made it ILLEGAL for local municipalities to "put special restrictions on battery recycling facilities" due to a state preemption.
  
  See: https://codes.findlaw.com/ny/environmental-conservation-law/env-sect-27-1811.html
  
  
  
  
  
• The validity of the Protest Petition is still being determined by the engineering firm. . NO BUILDING PERMIT should be issued before this is complete.

• Even without the protest petition, the 5/7/2020 vote FAILED 3:2 due to an ADDITIONAL Supermajority requirement from GML 239-m(5). (see attached Braymer Letter 5/7/20)
  
  https://codes.findlaw.com/ny/general-municipal-law/gmu-sect-239-m.html
  
  
  
  
  
• The DEC REVOKED the permit 5/20/2020 due to a necessary permit modification. NO BUILDING PERMIT should be issued without the DEC permit being complete.
  
  
• There is presently a ZBA appeal filed by Claudia Bramer, scheduled for the agenda 7/30/20 which challenges the legitimacy of the local law.  NO BUILDING PERMIT should be issued without the ZBA's determination.
  
  
• The DEC permit is ILLEGAL because
  
  
• TYPE-1 SEQR: This project was misclassified as an UNLISTED ACTION.  This project MUST BE a Type-1 SEQR action due to a REQUIRED ZONING CHANGE impacting > 25 acres: (6 NYCRR 617.4(b)(2)). Due to DEC's oinitial error, we were DENIED OUR DUE PROCESS RIGHTS, our rights to a GML 239-m "Coordinated Review"
  of the facility.
  
  
• COORDINATED REVIEW: On 10/9/2019, DEC said ("Notice of Completed Application") that "A Coordinated Review was Performed". When Village Attorney Bob McKertich asked the DEC about this in his 2/6/2020 letter, DEC's atty Joe Sluzar responded that it was "a typographical error".
  
  
• NEGATIVE DECLARATION:  The original Negative Declaration (10/2/19) and the Amended Negative Declaration (3/27/20) FAILED to identify ONE unmitigated potential impact, which would trigger an Environmental Impact Statement. 
  
  This, despite that No Burn Broome and Concerned Citizens of Endicott together have identified DOZENS of unmitigated impacts:
  
  Human Health Impacts, Air and Water Pollution, Road use impacts, Risk of extreme fires which CANNOT BE FOUGHT, Risk of Explosion, Socio-economic impacts such as loss of property values, loss of tax base, and other Quality of Life Impacts.
  
  A POSITIVE DECLARATION MUST BE ISSUED and an EIS prepared.
  
  
• ENVIRONMENTAL IMPACT STATEMENT: 
  
  Because the DEC failed to identify just one unmitigated impact of dozens, we were denied a comprehensive Environmental Impact Statement, which would have allowed us time to explore all of these various impacts, and consider PROJECT ALTERNATIVES, including the No Action Alternative.
  
  
• PUBLIC HEARINGS:
  
  Typically with a full EIS, there are FOUR public hearings: 1) Scoping, 2) Draft EIS, 3) Final EIS, 4) permit.
  
  We got ZERO, not four.
  
  
• ENVIRONMENTAL JUSTICE PROTECTIONS
  
  We Demand the NYSDEC provide us all protections
  afforded to Environmental Justice Communities under
  Commissioner's Policy CP-29
  

Hope this helps!

BH

--
William Huston:  WilliamAHuston@gmail.com
Binghamton NY

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