Southtowns Record

Town Board minutes — May 14, 2026

Government
Town of Marilla
Board
Town Board
Meeting
May 14, 2026
Kind
Minutes
Topics
Zoning and land use, Moratoriums, Public safety, Water, sewer and drainage, Budget and taxes

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Regular Meeting  21
  May 14, 2026

qualifies, this qualifies as a family. But I also want to focus on the fact that one clear
premise of zoning is it has to be based on by the use not the occupants and what I have
heard again and again I am starting to hear tonight and I’ve heard in connection with
previous meetings of both Planning Board and other Boards is focused on who these people
are meaning we don’t want them here, we don’t want these people here, we don’t want this,
we don’t want that. This decision must be based on the code. It’s not simply on a popularity
contest as hey raise your hand if you support this now raise your hand if you are against this.
We are going to rely on in terms of our position. I also want to make clear that each and
every document that we have previously submitted to this board is part of the record. We did
make a very detailed Special Use Application based on the direction we received from the
town and the town code sets forth the criteria that governs it. Again, it is governed by very
specific criteria, and I want to talk about those criteria’s quickly. In the context of this, so
some of you the people I know on the Town Board, are familiar with this there are various
land use approvals, there’s Variances, Rezonings, Special Use Permits, there Sub-Divisions.
A Special Use Permit is clearly distinguishable from the other approvals. Basically what the
case law says when a zoning law lists a permitted use allowed by a Special Use Permit it is
catamount to a legislative finding that the permitted use is in harmony with the general
zoning plan and will not adversely affect the neighborhood, meaning once a town has
decided and it wasn’t this Town Board it was a predecessor Town Board at some point has
decided this qualifies, they basically made the determination it is an allowed use as long as
you meet the criteria set forth in the Zoning Code and what are those criteria’s? There is
four criteria’s specifically spelled out in the Zoning Code. The first one is as follows: the
proposed Special Use is consistent with the general intent of the towns Comprehensive Plan
with each of the specific purposes as set forth of article one herein. That section of the
Zoning Code and Comprehensive Plan basically says the goals of the Town of Marilla are to
maintain a continuing covenant directed to the preservation of sound residential
neighborhoods the elimination of light and/or deteriorating conditions. This housing does
not conflict with that goal. Basically, there are no improvements being made to the property
and the house is already more than 5,000 square feet, it’s ten acres in size, it greatly exceeds
all setbacks required, it greatly is lower than the lot required, it meets that criteria. While the
housing by be different than what many are used to it is non the less housing. It is
individuals residing together at a single location as a single housekeeping. Because the
property is so large, ten acres in size the density is one person, one female person per acre.
This is not a high-density project. The second criteria is the location and size use of the
structures involved nature intensity of the operations involved in the size and layout of the
site relation of the proposed Special Use are such that will be compatible orderly
development of the use district. This site is properly zoned. Again, there are no changes, this
house was formally utilized as a Bed n Breakfast, this is not a new facility, we are not
building a large building here, commercial building, we are simply using the house as it is
there today. The house that is under contract with the Hein Foundation. The third criteria the
operation of the proposed Special Use is not more objectionable to the uses of nearby
properties by reason of dust or smoke emission, noise, odors, fumes, pollution of air or
water including subsurface waters, unsightliness or similar conditions. That would be the
operation of end permitted use. The proposed use does not involve any of those adverse
impacts. Most of those potential adverse impacts would apply to something that is more
industrial or manufacturing in nature, when you think dust, smoke, noise, odors, fumes,
pollution, etc., etc. So, we meet that criteria. The four criteria of the code, the proposed
Special Use, satisfies each and every all standard conditions specified by such Special Use
by the relevant all the provisions of this article. We meet those. I do want to know two
important things that this board has the power to do. The board does have the ability to
impose reasonable conditions. They certainly have that ability. I acknowledge that, that is a
matter of New York State and Town Law and as well as section 700-46B of the Zoning
Code and it’s also true that Special Use Permits are only valid for a period of one year, that
is based on the code and the reason that is important is all this conjecture, all these problems
that are going to occur, we don’t believe that is the case. This has to get reviewed by the
Town Board again meaning you know I don’t know why everyone doesn’t believe that
based on all the representations we have made all the conditions we are proposing in
connection with this Use that’s going to be such a bad thing. Is it different, again then what
many people are used to? Yes, there is not denying that fact. The other thing I want to
mention is that the Zoning Board, in connection with it’s homework did pose a series of
conditions. We are fine with all those conditions, but I want to review what they are very
very quickly. These are right from the resolution that they adopted on September 10th of last
year. Condition number one: The number of allowed residents will be ten. This will be