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Thursday, December 15, 2005

Special Planning Board Minutes-December

LINDLEY TOWN PLANNING BOARD December 12, 2005

At 7:00 p.m Chairperson, Mary Lentzen, called the Special Meeting to order with Board Members Manley Davis, Jim White, Jason Ballard, Mark Swan, Gerry Gross and CEO David Fuller present. Fifteen visitors were also present.

A Public Hearing began for property (Tax #406.00-01-021.000) at 485 River Road. On November 7, 2005 Katie Peterson filed for a CUP to place a 1986 singlewide (14' x 70') mobile home on her property located at 485 River Road.

Mary stated the NYState Dept. of Health policy requiring that wells must be 100 feet from a highway does not apply to a private residence; it only applies to public wells. She also stated that all prior back taxes on the property have been paid.

Jim asked Katie if her property line goes on to Mr. Lauterborn's driveway? Katie stated her lawyer notified her of the encroachment problem but said she would not make an issue of it since it did not restrict her use of her entranceway. Katie owns the entire turnaround at the top of her driveway. When asked about lot size, Katie assured the Board she had measured and re-measured and her lot complied with all the necessary zoning requirements. (No specific lot measurements were given.) Katie also stated she would be regrading so that front yard would be 50' wide and back yard would be 35' wide. Mark asked if lawn would be over her septic, not parking and Katie said that was correct.

Public Comment: Several visitors expressed concerns that the lot is an undersized lot (1.9 acres); several people have tried to place homes on the same lot over the years but were denied by the Planning Board. Mr. Burrell Morse stated that while he was CEO for the Town in 1990 someone on the Planning Board stated that no mobile home or residence would ever be allowed to occupy that lot. He suggested the Board needs to research that meeting before they make their decision on the property.

Mary stated that the current zoning law density schedule at the time of Katie's request allowed for a one acre lot. The new zoning law which became effective in December requires a 2 acre buildable lot.

Ted Lauterborn urged the Board to be thorough and consistent in their decisions and told how difficult it was for him several years ago before he was given permission to place his mobile home on his lot. He felt people are not treated uniformly; it all depends on who you are. Duane Lauterborn does not believe Katie has 50 feet from road center to her trailer and the highway curve is very dangerous near her driveway.

Katie hired an Engineer to determine her septic requirements which are different from her neighbors because the soil is different. Gerry stated the Town must abide by NYState zoning Law and is trying to clarify the Law.

Gene Smith referred to 11.9,C9 of the zoning law which says that land within a hill that is in excess of a 25% slope shall not be developed as individual residential lots. Dave has interpreted this as a buildable area for structure only as long as setbacks are met.

Dick Pierce suggested that the Board advertise that those who purchased the old Zoning Law book turn them in for the new Zoning Law book.

Harry Pierce stated there has been a history of problems with that lot; if this lot was denied before how can it be approved now? Jim stated the Board cannot differentiate between a mobile home or a stick built residence; it must have the required square footage, 840 sq ft minimum.

Steve Paulhamus stated he had no problem with trailers but was concerned about their maintenance. If this proposal meets all of the Towns requirements then there is nothing more we can do.

Mary stated the site plan presented meets all the requirements and, according to the Town Attorney, no Variance is required. The two major concerns Mary understood from the Public discussion were the steep slope and the different standards that have been used over the years.

The CEO stated Katie's final site plan must show exact measurements, if she gets her CUP, then she can move forward with a building permit application.

Gerry stated Gregg Heffner should be contacted for the County's interpretation of distances from the County Highway. The Board will also verify that the steep slope does not apply; will research the 1990 Board Minutes to see if they pointed out anything prohibiting further trailers on that lot. While the Board has 45 days to make a decision, they will try to have a decision by the next regular Board meeting, Dec. 19. Mary will call Katie if the decision is made earlier than Dec. 19, 2005.

Mary closed the Public Hearing at 8:15 pm.

Respectfully submitted,


Janice Oberlander
Recording Clerk

6 Comments:

Anonymous Missed the meeting said...

This mobile home will be 20 years old next month. Has any one seen or checked into it's condition?
Have the CEO OR THE PLANNING BOARD made their own measurements to confirm the lot size. Why were permits denied in the past and not now?? What has changed?

12:30 PM  
Anonymous Gerry said...

In researching the minutes referred to by some residents we found that there were no references to the zoning law in the denial. It appeared the denial was based on individual feelings which was not a legal reason to deny a permit. This is what the present planning board is trying to do, follow the letter of the law, and not do things the good old boys way. The CEO has not done any measuring but must do so before a permit is issued in order to confirm the lot meets all requierments. I know it seems like a long process but it is better to do things correctly in a timely fashion than to make a snap decision. So in answer to the question, what has changed, the planning board is trying to be honest and fair to all applicants.

1:50 PM  
Anonymous Sallyann said...

Bick VanDuyne sold the property in question to my brother specifically because a previous Planning Board denied his request for a CUP for a trailer. I can't help it that zoning files were not kept back then to prove what happened. But this does not change what happened.

4:09 PM  
Anonymous Anonymous said...

If there was a question about the lot size why didn't the board or Ceo measure it. could have saved time and talk . Too easy must be,

12:10 AM  
Anonymous cj said...

There is no question about lot size only the useable land to place a mobile home as to set backs and it is the CEO's responsibility to measure not the board. How easy it is to sit back and find fault so if you are sincere why don't you apply as there are two positions up on the planning board.

5:50 AM  
Anonymous Anonymous said...

"Just trying to get the facts"

11:37 AM  

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