LINDLEY TOWN PLANNING BOARD November 21, 2011


The regular meeting of the Lindley Town Planning Board was called to order by Co-Chairman, Earl Titus at 7 pm. Members present included Fran Woodring, Pat Simcoe, Pat Clark, Tim Shaddock, and CEO, David Fuller. Five visitors were also present.

Minutes of the October meeting were read. A Motion to accept the Minutes as read was made by Fran W., seconded by Pat C. and passed unanimously.

Public Comment began with Jack Smith on Welty Road concerning an issue in his neighborhood at 9306 Welty Road which had been brought to the Board's attention (July, 2009 Plan. Board Minutes) and has continued to worsen. Two photos of the area in question were submitted to the Board. Concern is for the disregard of overall quality of the neighborhood, property resale values, and a disregard for the regulations that go with a non-conforming lot and the NY State building codes. Also, a vehicle repair business appears to be being conducted there. Jack asked whether or not our Zoning laws should prevent this type of situation?

Dave stated a Building permit was issued two years ago but is no longer valid since the project was never completed. He will revisit the site.

Congratulations were extended to Pat Clark for his recent election to the Town Planning Board.

Rudy Jakubik has purchased just under 10 acres from a neighbor, Vern Allen, and asked the Board what he needed to do to complete this process. Board said Mr. Allen must request a minor subdivision and a survey map, Mr. Allen's Tax Map number, and Mr. Jakubik's Tax Map number must be presented for Board approval.

Tim asked what followup is in place for the Town to address Jack Smith's ongoing neighborhood issue?
Dave will issue a ticket and then the remedy is up to the Judge. Jack can be notified of the time and date of the violator's Court appearance and neighbors involved can all attend.

Public Comment ended. Earl distributed copies of the Health Regulations for Campgrounds for the Board's review. Fran W. noted the Bending River Campground off US Rt. 15 has been fined by the NY State Dept. of Health. Twenty-five new sites and two 1250 gal septic tanks will be installed per Mr. Nathaniel Hall of the Dept. of Health at Hornell. He will notify the Planning Board when the campground has been approved for operation.

Section 8.2.5 of the Comprehensive Plan was discussed. The Town currently has no regulations for campgrounds. The Town has two mobile home parks, allowed by the Comprehensive Plan in a residential-rural setting, but not encouraged. Both Parks allow seasonal campers (6-months).

Concerns have been raised since there has been a heavy influx of campers due to the nearby gas drilling workers. It was noted 5 or more campsites constitute a “Campground” and is regulated by the NY State Dept. of Health. Town can impose more strict regulations in this case but not less than the Dept. of Health. Board needs to address rules and regulations regarding camping areas with 4 or less sites on private properties.

Board feels perhaps a moratorium should be issued by the Town until they can sort out what needs to be done and can address all the issues that could possibly result from the increased camper population.

Mary submitted her ideas on camping regulations and a model used by Lake Pleasant, N.Y..

Concerns raised included: How long will it take to pass a law once the regulations have been determined? What if the Gas Drilling company purchases land within the Town and builds a trailer park for its workers? How many campers should be allowed on private property with many acres or just 2 acres? Should this be a CUP process or a Zoning Board application with guideline suggestions by the Planning Board? Who applies for permits – landowner or camper? What regulations regarding noise levels, the difference between stored camper units and occupied campers, number of campers per site, size of units, dry camp only, prohibiting anyone with a criminal record, length of stay, enforcement responsibility of regulations, etc. should the Town impose. Are the workers considered 'migrant'? Board will address these issues at the next Planning Board meeting and review the Dept. of Health regulations prior to the meeting.

A Motion to adjourn at 8:50 pm was made by Pat C., seconded by Tim and passed unanimously.

Respectfully submitted,
Janice Oberlander
Recording Clerk

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