Can the Town of Reading’s Land Use Law be used to halt LPG storage in the Seneca Lake salt caverns?


According to a memorandum submitted by Concerned Reading Residents to the Town of Reading Board on May 13, the Town of Reading has significant legal authority over the LPG storage project pursuant to both the NYS State Town Law and the Town of Reading’s own Land Use Law (Town of Reading Local Law No. 1). Even though the NYS Department of Conservation also has authority to grant a permit for the project, the Town of Reading’s authority is not cancelled out by the DEC’s authority.

So, in a word: yes.

The CRR memorandum concludes:

“New York law grants the Town broad authority over the use of land within its borders, including the authority to, among other things: (1) implement zoning laws prohibiting certain land uses within enumerated areas, (2) require site plan approval, and (3) require special use permit approval. The Town has exercised this authority by implementing and enforcing the Land Use Law, and this authority is not obviated or preempted by the DEC’s contemporaneous authority to grant a permit for the Project. Accordingly, CRR requests that the Town take the following actions:

  1. Take all action necessary to appropriately enforce the Land Use Law.
  2. Advise the DEC that the Project is not consistent with the community character of the Town as set forth in the Land Use Law and the Town’s Comprehensive Plan.”
 Posted by at 10:32 am