Town of Yates

Regular Planning Board Meeting

February 4, 2010

 

 

Chairman Donald Lamay called the Regular Planning Board Meeting to order at 7:07 pm, at the Town of Yates, 8 S. Main Street, Lyndonville, NY 14098.

Those Present:             Donald Lamay, Chairman of Planning Board

                                    Ed Urbanik, Planning Board Member

                                    Gary Daum, Planning Board Member

                                    Steve Freeman, Planning Board Member

                                    Richard Kurz, Planning Board Member

                                    Dan Wolfe, Code and Zoning Officer

                                    Rick Harmer, Councilman

                                    Wes Bradley, Councilman

                                    Paul Lauricella, Resident

                                    Larry Wolfe, Resident

                                    Linda Fisk, Resident

                                    Phil Zimmerman, Resident

                                    Connie Zimmerman, Resident

                                    Joanne Zimmerman, Resident

Those Absent:              Dawn Metty, Deputy Clerk

                                    Ed Michel, Alt. Planning Board Member

                                    Jeanne Whipple, Alt. Planning Board Member

 

 

MINUTES:

 

Chairman Donald Lamay entertained a motion to accept the minutes from the January 7, 2010 meeting.

 

RESOLUTION NO. 3-02/10

 

RESOLUTION TO ACCEPT THE MEETING MINUTES FROM JANUARY 7, 2010, MEETING AS PRESENTED TO EACH BOARD MEMBER.

 

RESOLVED, to accept the meeting minutes from January 7, 2010, as presented to each Board Member.

 

Offered:           Steve Freeman

Seconded:       Richard Kurz

 

Votes:  5 Ayes (Lamay, Daum, Urbanik, Freeman, Kurz); 0 Nays

 

Chairman Donald Lamay opened the continuing topic of zoning regulations concerning campers along the lakeshore on improved and unimproved lots.

 

Dan Wolfe, Code Enforcement Officer spoke of the 30-day permits and that many did not procure them. Dan is seeking guidelines as to what action, if any should be taken and any other relief on this topic.

 

 

 

 

 

 

Planning Board Member Steve Freeman has checked out several of the locations on the various fire lanes and noticed many campers, some appearing permanent, to be in violation and feels action should be taken to remedy the problem.

 

Chairman Don Lamay agreed with Steve Freeman after his observations of some of the areas.

 

Local resident Paul Lauricella spoke of the “rights of the people” afforded by the Constitution. Paul suggested a survey of the residents might be in order, to secure additional input. Others in the audience were in agreement to this idea.

 

Residents, Fisk and Zimmerman indicated that by ruling of the Zoning Board of Appeals they could have 2 campers on their properties. (Perhaps in 2004) (Planning Board will have to verify this new information regarding this ruling.) Several owners of property in this case were unaware of the need to remove their units at the end of the season. Code Officer Dan Wolfe explained that the rules were located on the permit, which was free of any costs to the property owner.

 

Councilman Wes Bradley offered these observations:

Rules regarding lake view properties have not been followed.

Current Zoning should be enforced.

Would some type of “grandfather clause” be possible?

Councilman Bradley also stated that Yates was the only town allowing this type of activity regarding unimproved lots.

 

Chairman Don Lamay spoke of health and safety issues at these sites, including sanitary waste.

 

Councilman Rick Harmer questioned “grandfather clauses” and property appearance during and at the end of the camping season when the campers need to be removed. He believes most property owners have pride in their property and community.

 

Planning Board Member Steve Freeman spoke regarding the property assessments of lakefront versus lake view property. He, as a lakefront homeowner was not personally against these property owners. Perhaps the parties could establish a sort of campground. This opens up additional concerns and questions from the members present.

 

The residents spoke that they felt they were being singled out and other areas of the town also were in violation of town ordinances.

 

Chairman Don Lamay stated that Code Officer Dan Wolfe answers all complaints and concerns and has backing in the law to handle town property owners concerns. Don noted that the Planning Board is attempting to make a judgment regarding this concern for the benefit of all the town’s residents. Don thanked the residents for their input.

 

Members in the audience thanked the Chair and the rest of the Board for soliciting their concerns and would be back to voice their opinions in the future.

 

Many of this group left at 8:06 PM

 

 

 

 

 

 

 

 

In a free flowing discussion the members spoke about: length of season, necessity of permits, campers per lot, removal at the end of the season, requirement to have units DMV registered, sanitary needs, grand fathering, similar units on unimproved lots not along lakefront area and necessary rules, fines etc. to carry out any regulations enacted.

 

It was suggested to seek a joint meeting with the Town Board. Chairman Don Lamay will speak with Supervisor John Belson.

 

In other Business:

 

Motion to extend for 1 year, the Building Permit assigned to Samuel Martin of 12551 Roosevelt Hwy.

 

Lyndonville, NY 14098, for the completion of his new structure for a steel business.

 

RESOLUTION NO. 4-02/10

 

RESOLUTION TO ACCEPT THE MOTION TO EXTEND FOR 1 YEAR THE BUILDING PERMIT

ASSIGNED TO SAMUEL MART[N FOR THE COMPLETION OF HIS NEW STRUCTURE FOR A

STEEL BUSINESS.

 

RESOLVED, to extend the building permit.

 

Offered: Ed Urbanik

Seconded:       Steve Freeman

 

Votes: 5 Ayes (Lamay, Daum, Urbanik, Freeman, Kurtz); 0 Nays

 

County Planning Board member Gary Daum indicated that no meeting was held in January due to inclement weather. Gary will retrieve information for next meeting regarding fertilizer referral at a previous meeting.

 

Chairman Don Lamay said that much of our required training is becoming redundant. He will contact County Planner James Bensley and ask for a local session on a pertinent or hot subject. Gary Daum stated that the State is cutting back on the number of their training opportunities and are looking at other venues to provide the required 4 hours yearly training.

 

Chairman Don Lamay mentioned that one member has made only 4 meetings plus training and another member has made no meetings (came to I on invitation by Dan Wolfe), and has none of the required training. Don will bring this to the attention of the Town Board for any necessary action.

 

NO FURTHER BUSINESS

 

MEETING ADJOURNED AT 8:58 pm.

 

Motioned by: Ed Urbanik

Seconded by: Richard Kurz

 

Votes: 5 Ayes (Lamay, Daum, Urbanik, Freeman, Kurz), 0 Nays