Public Hearing on January 19 - Zoning Law Revisions

Attachments to minutes can be obtained at the Town Hall Clerk's office.

Mary Lentzen provided copies of the revised zoning law regarding mining and excavation in Lindley. Mary indicated that the revisions were required following the legal decision in favor of Hawbaker because the law had determined that Lindley’s zoning laws were beyond the authority of the Town.

Mary went through the sections that had been modified, added or deleted. (See handout attached). Mary indicated that the vote to approve or disapprove of the revisions could not be made until the Planning Board had received a response from Steuben County regarding the changes. Another meeting would be scheduled for the vote, once Steuben County contacted Mary.

Sally opened the meeting to the audience. Tommy Kirk raised the issue of the noise level specified in the revisions. Sally agreed to check into appropriate noise levels.

Attorneys Adam Shultz, Mike Folger representing Hawbaker, raised a number of points in light of some developments since the mining moratorium began in September 2008: The Route 99 Corridor Project and its impact on Lindley; the development of the Marsalis Shale project; and the gas and drilling in the town of Lindley. Attorney Shultz indicated that the transcript from tonight’s meeting would be made available to the Town. Attorney Shultz indicated that in light of these developments, (and the impact of heavy trucking, water use, chemical use), he recommended the Town step back and identify sections of the Town to be used as Industrial sites where the aforementioned activities could set up base, and in that way control the impact on the town these projects would have. (See copy of transcript attached).

Ted Walker asked what impact approval or disapproval of a permit by DEC would have on the Planning Board’s decisions. Mary indicated that the Town would comment but not issue a permit if DEC doesn’t pass it. Sally stated it was the Town’s goal to work more closely with DEC.

Tim Shadduck asked what control the Town might have regarding the 8 or 9 gas wells being developed in Lindley. Attorney Shultz indicated the Town couldn’t control where the wells were located, but instead reiterated his suggestion to consider where their base of operations, infrastructure, yards, etc. would be limited to.

Sally indicated that it is the Town Board’s plan to review the Comprehensive Plan.

Meeting adjourned at 8:51, indicating that if there were major revisions to the current revision, there would be another public hearing.

Respectfully Submitted,

Megan Thistle, Town Clerk

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