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Thursday, July 28, 2005

Lindley Planning Board Minutes-July


The regular meeting of the Lindley Planning Board was called to order at 7:00 p.m. by Chairperson, Mary Lentzen. Members present included Manley Davis, Jason Ballard, Jim White, Mark Swan. Four visitors were also present.

Minutes of the June 20, 2005 meeting were read. Earl made a Motion to accept the minutes as read, Mark seconded; the Motion passed unanimously.

Regarding new information received since the Public Hearing on the Fred Robbins Mining Operation, Mary asked Jim White to report on his meeting with Fred Robbins, Gordon Hakes, Harry Pierce, Steve Army (NYSDEC), and Bruce Irvine (soil expert).

Jim reported DEC gave copies of letters from residents who were objecting to Pit to Fred Robbins. DEC's Steve Army stated road traffic was not a concern but water runoff was. Also disagreement of Right of Way was a concern since DEC could be denied access to Pit for inspection.

Fred Robbins and Gordon Hakes are to prepare new plans for DEC regarding elimination of the ROW and controlling water flow down the road by directing water from uphill to the current pit area and building a settlement pond at the bottom of the hill for the lower road; grade road to direct water to pond.

Other concerns discussed: traffic South - Fred said he would use Morgan Creek Road to RT 15; Fencing - DEC stated Town could not require it unless it was required for everyone; Number of loads-Town could not regulate because it was a County Road.

Jim received from Steve Army on July 6 an information sheet on Local Governments' responsibilities concerning mining. July 11 received phone message DEC had received revised drawings on the new entrance and settlement pond and responses to residents. Jim also spoke with the Town Supervisor in Lawrenceville concerning Fred Robbins who stated they have had no problems with Fred but "He tends to push everything as far as he can".

Fred claims he has documented evidence that he has the legal Right of Way but to avoid legal hassles he will move his entrance North of the current entrance, widen the entrance 50-75' with a longer sluice pipe and a 5% grade. Fred stated unfortunately he will have to remove at least 50' of trees and bushes which act as a natural barrier to his operation. Fred also noted that the survey map shows the current driveway on the wrong side of the post with a fence.

Mary stated the conditions of the Use Permit based on public concerns and noted the cemetery is not on his property and therefore not an issue.

Fred stated he could not accept the stated hours of operation (9 a.m. to 4 p.m., Monday through Friday, 8 a.m. to Noon on Saturday) or the "No more than 12 trucks/day, 60 trucks/week maximum" statement. This schedule would severely limit his business and he would be wasting his time to pursue a permit. Fred proposed loading at 7 a.m.-4:30 p.m., sometimes some townships get their own gravel beginning at 6 or 6:30 a.m. Fred also objected to the bonding requirement should he use the Morgan Creek Road as many other truckers are also using that route.

Mary reminded him the proposed pit is in a residential area. If he does not use Morgan Creek Road, but uses the County roads only, the Town cannot restrict the number of truck loads and he must abide by the County regulations.

Fred could agree with the terms of the CUP if the Hours of Operation changed to read: 8 a.m. to 4 p.m. and the addition of the words "when using town roads" following the maximum number of trucks statement. He will request a special permit should he require extended hours for special jobs.

A Motion was made by Earl to approve the Conditional Use Permit (copy attached) with the amended Hours of Operation changed from 9 a.m. to read 8 a.m. to 4 p.m., Monday through Friday and the statement "No more than 12 trucks/day, 60 trucks/week maximum when using town roads". Manley seconded the Motion and it passed unanimously.

Harry Pierce thanked Jim for attending the meeting with the DEC and Jim appreciated being invited.

Fred asked the Board if he had to do anything else before he began his operation? Mary stated the permits are controlled by DEC and the County.

Terry Lyon, 1201 Church Creek Road, requested a minor subdivision to his 37.2 acres. He will keep 5-7 acres with his house and sell 30 (plus or minus) acres . Patrick Moore has surveyed the property. A short EAF was filed. A Motion to approve the proposed subdivision was made by Jason, seconded by Earl and unanimously passed.

Mary noted ZBA approved a carport at 423 River Road which does not meet setbacks for Eugene Smith without prior approval of the Planning Board.

The Town received a copy of a letter sent by the Town of Wayne to the State stating the County is accepting subdivisions not approved by the Towns and asking for their help in enforcement. State said it is up to the Towns to enforce the laws, State will not. Towns must pay attention to Real Estate signs and 'For Sale' signs and notify Real Estate agents.

The CEO's Permit Summary Report for June includes 8 permits. Earl Moved to adjourn at 8:45 p.m., Mark seconded and all unanimously agreed.

Respectfully submitted,

Janice Oberlander
Recording Clerk


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