Planning Board Minutes-April 2007


The regular meeting of the Lindley Town Planning Board was called to order at 7:00 p.m. by Chairperson, Mary Lentzen. Members present included Jim White, Fran Tempel, Gerry Gross, Mark Swan, Pat Simcoe and Earl Titus. The CEO, Dave Fuller, and one visitor were also present.

Minutes of the March meeting were read. Fran made a Motion to accept the minutes as read, Earl seconded and the Motion passed unanimously.

Mary reported that Jennifer Fais states that both Minor and Major Sub-Divisions in the Town require a Public Hearing. The Board decided a clarification of the definition of a Minor and a Major Sub-Division is needed before updating the Town Law. The brochure entitled: The Short Course, A Basic Guide for Planning Boards, might be a good starting point for this information. Jim will research the information but stated all members should participate in the update.

It was noted that the resident's need for Flood Insurance in the Town is what prompted the necessity of a Zoning Law.

Mary stated that Planning Board members and Zoning Board members must have training every year. The Town Board should pass a resolution defining what is acceptable training. Mary will forward a sample resolution to the Town Board for their consideration.

Jim's article to the Addison Post concerning Sub-Divisions will be held back until the Law has been updated.

Fran submitted her report on the Leadership Conference she attended April 5 at CCC. She stated the morning sessions on "Mock Planning Board Takes on Wind Power" (a skit) and "Foil and Open Meetings" were very beneficial. Afternoon session: "Planning Board Overview-Part 1 and Planning Board Overview - Part 2 was a Slide Show. Handouts included: Training for Planning Boards and Town Boards; Building & Code Enforcement Software; booklet entitled, Local Open Space Planning Guide; CD entitled Success and Savings Through Intermunicipal Cooperation - Community Teleconference; Infornation on grants and 1% loans; Rural Development and Financial Programs for Community and Economic Development; and Questions for theAnalysis and Evaluation of Existing Zoning Regulation.

Mary noted certificates of attendance must be kept.

Mary stated that the Town has received a letter from Mr. Hawbaker's representative, Mr. Phil Knapp, stating it is impossible for them to change their plans, that the Town is being unco-operative and will not accept their offer. He has asked for signatures of approval from Sally and Town Planning Board members. Mary informed the Board that the Town has never received a formal proposal of Hawbaker's intent and until they do receive an official proposal, the process cannot proceed as required by the Zoning Law.

Mary stated that she received a call on Friday from the Office of Parks, Recreation and Historic Preservation regarding a letter they received from Hawbaker's consultant, Mr. Gregory Sovas, stating it is impossible for them to change the location of their equipment so the barns need to come down. Further he stated that the Town is being uncooperative in documenting that they will not maintain the barns. Gerry Simcoe presented a copy of a letter he received as Town Board member. It was from another Hawbaker representative, Mr. Phil Knapp, asking for signatures from Sally Orr and Town Board members acknowleding that the Town will not maintain the buildings. The Town Board has not yet received a proposal from Hawbaker regarding the historic buildings.

Mary also received a copy of a letter sent to and received October 10, 2006 by Ms. Nancy Herter, Historic Preservation Specialist, New York State Office of Parks, Recreation and Historic Preservation written by Gerry Gross stating her views on the Hawbaker Mining request, the preservation of the tobacco barns on the proposed mining site and lobbying for support for granting the permit. The letter appeared to be presenting the opinion of the Planning Board.

Mary asked Gerry whether or not she can remain objective when it comes time to review the Hawbaker application? Gerry stated "Yes" she could. When asked how Hawbaker had a copy of the letter and not the Town, Gerry indicated that Nancy Herter must have sent the letter to Hawbaker. Mary stated that as Planning Board members we need to follow the process.

Fran was just trained on the latest FOIL requirements and reminded the Board it is imperative to record and file all communications concerning Town Business.

Fran made a Motion that the Board write a letter to the NYS Office of Parks, Recreation and Preservation to clarify that Gerry's letter was written as a resident of theTown and was not a Town Planning Board letter. The Motion was seconded by Jim and approved unanimously.

Pat suggested that Dick Johnson be invited to the next meeting of the Board to get his opinion and views on the type of gravel he needs; and whether or not the proposed mine will benefit the Town. Fran will make up a list of questions to ask Dick. Mark will talk with CEOs from other Towns concerning their regulations on mining.

Gerry asked Dave for an update on the Heffner situation and suggested perhaps the Health Dept. should be involved. Dave had no further information.

A Motion to adjourn at 8:15 pm was made by Earl, Gerry seconded and all agreed.

Respectfully submitted,
Janice Oberlander
Recording Clerk