Lindley Town Planning Board Minutes-June 20, 2005
The Steve Ritter storage shed request was approved by the ZBA at a hearing May 31, 2005.
A Public Hearing began for a request by Fred Robbins to operate a gravel pit on property he purchased from Harry Pierce and located between the Heigel and Hilligus and Watson properties on River Road, CR#120. Earl read the ground rules for the public comment portion of the Hearing.
Mr. Robbins stated he is the owner of the land in question and presented his copy of the deed to Ear. He said his intention is to open a gravel pit with processing, screening and crushing and to make a couple of building lots.
Comments: Kim Clark, 763 River Road, located across from the entrance to the proposed gravel pit, stated she is against the operation because: children regularly ride their bikes along the River Road, people walk there, school bus traffic is heavy especially between the hours of 7 to 9 a.m., her driveway is a bus stop, she has a child with severe asthma and is concerned about the dust this operation could generate; the entrance grade is very steep and if a loaded truck loses its brakes traveling down that grade it could end up in her house or yard. She is also concerned about potential water runoff as the banks along that area are already badly washed away and the field on the North end of her property already fills up with water after heavy rains and is a mosquito breeding ground. Kim presented signatures and addresses of 26 people who either live on the River Road or travel it on a daily basis and are opposed to this gravel pit operation.
Teri Heigel, 760 River Road, owns the bottom portion of the driveway to the proposed gravel operation. She is opposed to the operation and was unaware that Robbins has the right of way at this driveway. Her children cross River Road there and she wonders if she would be liable for any damages caused by the truck traffic?
Jack Smith, 9520 Welty Road: Asked for more information concerning potential traffic. How many trucks per day, per hour, and per week?
Mr. Robbins presented a surveyors map and a copy of a deed showing his Right of Way to the property. As to the amount of truck traffic, Mr. Robbins stated he did not know but it would not be as often as the Gordy Hakes operation in the 70’s.
Gerry asked about the hours of operation?
Mr. Robbins stated 7 a.m. to 7 p.m., 5 ½ days per week and would normally use the River Road South to Lawrenceville, Pa.
Ann Hilligus, 762 River Road stated proposed pit is directly behind their residence and they are already experiencing problems with run off which was especially bad this spring after a logging operation. She is concerned about her grandchildren, is the road wide enough and what if the brakes fail on the trucks as they descend the steep roadway?
Sherry Perkins, 779 River Road stated their field on River Road fills with water and gets worse every year. Mosquitoes are a problem and requests for someone to deal with this problem go unresolved. She is also concerned about the level the operation would generate, downhill traffic and the dangerous corner for traffic traveling North on the River Road near the pits driveway.
Gerry asked if the pit would be sloped back and would the water stay on the property? Mr. Robbins assured her that it would.
Mr. Robbins stated his route of travel goes mostly South or out to Route 15. He has three routes available which will depend on his need. He won’t travel the River Road if he can use Route 15.
Jack asked if any information had been received from the County Highway Dept. concerning this operation. How much traffic can River Road sustain? County Highway might want to look at it if that occurs.
Earl stated the County Highway Dept. was called this morning and they were not concerned about the traffic.
Gerry asked Mr. Robbins what type of fencing will be used.
Mr. Robbins stated if any, he would use a mesh wire fence.
Gerry stated that Section C of the Zoning Law under Excavation stated that a fence 6 feet high must be all around the pit.
Earl said a deed dated January 9, 1989 shows that the current Heigel property was transferred from Washington Colegrove to Richard Colegrove and that a Right of Way exists over the SW corner of the then Johnson property which is currently Hilligus’ property.
Jim asked if the trucks could cross the one lane bridge over the river; it seems more logical using the bridge route to Route 15 than to use the River Road. Why would you use the River Road to Lawrenceville?
Mr. Robbins stated he could use the bridge.
Jim stated 115D of the Zoning Law requires prior approval from the ZBA for the use of crushers and screens. He also expressed concern regarding the grade of the drive to the pit.
Mr. Robbins stated he plans on cutting down the steepness of the drive and may also blacktop a portion of the drive to control the dust. He said air brakes on his trucks provide slim odds of having a runaway truck.
Jim asked what the buffer area around the pit consists of and were there any open fields? Where is the cemetery?
Mr. Robbins said the buffer area consisted of brush and trees and there were no open fields. The cemetery is located on property adjoining his and is buried under the brush.
Sherry said Crystal Watson knows where the cemetery is behind her old residence above the retaining wall. It contains six children of the Middlebrook family and has an iron fence around it.
Diana Hill, 954 River Road asked the Board when a decision would be made and would the neighbors be notified.
Earl stated the Board has up to 45 days to make a decision and will not be rushed. He asked for a copy of the DEC Permit and whether or not a Reclamation Plan was on file. He also noted speed limits are controlled by the County.
Gerry told visitors that if the DEC gives permission for the mining operation the Town cannot stop the mine but the Town can control the hours of operation and regulate the noise and dust. Because the proposed mining operation is located on a County highway, the Town cannot control it.
Harry Pierce, 9725A Steamtown Road presented a copy of a permit he purchased June 3, 2002 to mine gravel. It was not used at the time because Gordy Hakes had mined and hauled gravel to the dam. Because the property had been used for gravel before, Mr. Pierce could take the gravel for his personal farm use but not for sale. Mr. Pierce sold his property on Land Contract then deeded it over to Mr. Robbins.
Gerry stated once a permit is used in operation, there is no “grandfathering”. Permit runs out one year from when the operation ceases. One must reapply.
Leland Harris, 856 River Road stated Gordy Hakes purchased the land about 1972 but never used the roadway to the pit for the loaded trucks. His trucks went up the drive empty and came down with their loads behind Larry Harris’ house. The drive is considerably steeper than the exit behind Larry’s house. It is hard to see traffic coming from the South from that driveway.
Jack Smith stated that SubDivision Law gives specific grade requirements as to how roadways are developed. Entry must be between 80 and 100 degrees to the main road. This driveway currently fails the test. Is there room to make the entrance wider?
Earl said not without altering the Heigel property.
Mr. Robbins believed Gordy Hakes used tractor trailors and there should be no problem with his trucks.
Gerry asked why the new sluice was not made longer to join the present sluice.
Teri Heigel was told by Mr. Robbins that he owned the property next to her and would be using it for hunting. He also offered to purchase her portion of the driveway to his property. County said they would remove the Heigel sluice and install a new one. Teri states her deed shows the driveway but does not show a Right of Way.
Diana Hill stated the current bank and sluice look very unstable. How can they hold heavy trucks? How about the safety of the driver?
Kim Clark asked that the Board drive by the site entranceway to check on the conditions of the entry and bank. Soil is already eroding with all the rain and mosquitoes are terrible.
Teri Heigel said she cannot get the County or anyone to spray for mosquitoes.
Kim Clark asked will paving make more runoff. Will Mr. Robbins need to replant? Gordy never reseeded! How long does he have to reseed?
Mr. Robbins: If it is done properly, it will run off into the ditch. He is bonded, the DEC permit requires the area must be returned as it was, reseeded, sloped, ditched and dust control. If not the DEC will do it.
Scott Fay, Tioga, Pa. stated laws are stricter than previous years and operators are bonded. Most of the laws are enforced under DEC permit. When asked if DEC inspects and enforces periodically, he said, yes.
Mark stated maybe in Pennsylvania but not in New York State. He cannot get NY to inspect his neighbors.
Jack Smith: The DEC does not even come back to talk to the town.
Scott Fay: It is up to the township and the owner.
Steve Perkins, 779 River Road: What about the noise?
Mr. Robbins does not see much noise leaving the Pit. Equipment will be in a hole.
Gerry: ZBA approval is needed for a crusher, we need to know how many trucks. If not established in the DEC permit the Town can control the number of trucks.
Mr. Robbins stated it was hard to say whether 10 or 20 trucks will be used.
Jim: The DEC application states 5 to 20 trucks max/hr. with 3 to 5/hr. most of the time, Mon.-Friday, 8 a.m. to 4 p.m. Operation is not yet granted Permit from DEC. John Cole is the contact person at DEC.
Kim Clark: The DEC permit application states Morgan Creek Road. Shouldn’t that reflect the correct address?
Earl: Everything else does. Earl asked for a Motion to close the Public Hearing, Jim so moved, Jason, seconded and it carried unanimously. It was noted that Mr. Robbins has contracts with deadlines; the Board has 45 days to make a decision; they must hear from DEC and a variance is required for crushing.
Katie Peterson asked the Board for information on what is needed before she pays for a Perc test on her 1.8 acre property on the Old River Road to Lawrenceville. The property meets setbacks and has the required 200 foot road frontage but is an undersized lot. She must go to the ZBA and must have Perc test results to the Board two weeks from tonight (June 20) before the Board can act. A Public Hearing can be scheduled for next month.
Board discussion: Gerry asked who shuts Mr. Robbins down if he does not abide by the rules. Town has little control. Hours of operation can be controlled. David: Number of trucks and runs can be controlled. Should make it the same as previous mining operations. Mr. Robbin’s Mining Plan states trucks will be 3-5 most of the time, Monday-Friday, 8 a.m. to 4 p.m.
Respectfully submitted,
Janice Oberlander
Recording Clerk