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After narrow ZBA ruling, Goshen board asks town attorney to draft clearer 'silo' definition
Summary
Following a three‑to‑two ZBA decision involving Solomon Ready Mix, the town attorney told the board the code's silo language is ambiguous; the board directed the town attorney to prepare a memo and draft local‑law language to clarify whether industrial silos should be allowed in the industrial zone.
Town Attorney Brady briefed the Goshen Town Board on July 23 about a recent Zoning Board of Appeals (ZBA) decision tied to an application from Solomon Ready Mix that asked whether tall concrete silos qualify under the town code. Brady told the board the ZBA's three‑to‑two ruling turned on ambiguity in the code’s treatment of silos, noting different code sections treat silos in different ways.
"So the applicant appealed it to ZBA...their argument was that silo was not defined in Town Code," Attorney Brady said, summarizing the legal issue. Brady explained that where a code is ambiguous, appellate or contract law principles can favor the party challenging the municipality's interpretation, and he recommended the legislative board decide whether to leave the code as written or to expressly define which silos are permitted.
Board members debated options including identifying silos that are expressly agricultural, creating a separate category for water tanks, and setting height limits (examples discussed included 35 or 45 feet) to preserve farm uses while preventing industrial silos from appearing in unintended zones. One board member urged the attorney to "derive a law that actually spells out what a silo is, defines it in our code." The board agreed Attorney Brady will prepare a memo that recaps the ZBA ruling, quotes the relevant code sections, and offers draft language and recommendations for a local law to present at a future public meeting.
No local law was adopted at the July 23 meeting; the direction to draft language starts the formal process of bringing potential zoning amendments back for public consideration and, if desired, referral to county review.
