Spec TB Mtg February 14, 2012
SPECIALTOWN BOARD MEETING
COLDENTOWN HALL – February 14, 2012
MEETING CALL TO ORDER AT 6:35 PM
SUPERVISOR HOFFMAN OPENED THE MEETING WITH A MOMENT OF SILENCE FOLLOWED BY THE PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENT:Councilman David Arcara
Councilman Gerald Pietraszek
Councilman Patricia Zurbrick
Councilman Patrick Murphy - absent
Supervisor Annie Hoffman
ALSO PRESENT:
CEO John Kotlarsz
Assistant CEO Greg Adams
Town Clerk Christina M. Kerlin
Approximately 7 residents
PURPOSE:
Supervisor Hoffman reported -
Judith Brown from ColdenLakes wanted to address the Town Board.
Judy had one issue she wanted to ask the Town Board before she goes to the Appellette Court, which she would like to avoid. Judy would like the Town Board to consider letting her have winter storage for the trailers.
Councilman Arcara - askedwherethe trailers were stored in previousyears?
Judy stated they were left at their campsite, sometimes they even stored trailers from residents who live in the Seneca Brook Development, something’s are not allowed to be stored at their residents unless they are in a garage. Judy said she did not think it was a problem storing the trailers in previous years.
Councilman Pietraszek asked where she stored them at the campground ?
Judy said on vacant campsites up front because the rest of the Campground is pretty full.
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Councilman Pietraszek said he remembers the original proposal up front to be pull-through sites,trailers come in for a few days and move on, not staying for the whole season no mention of storage at the time.
Judy said there might be confusion in the languagethat is used for camping terms, that a pull through site meant it was easier to bring a trailer into the park.
Supervisor Hoffman said that in 2008 the sites where approved for pull-through sites not a seasonal campground nothing stays, that was what the prior Town board approved back in 2008.
Judy said back in 2008 things where different with the economy, now with changes in gas prices people are looking for more seasonal spots to stay at. She said how she operates her business was up to her, she did not think she needed approval to change from pull through to seasonal sites
.
Discussion continued on about pull-through sites, seasonal sites, and site plans.
John Kotlarsz, CEOsaid you really can not blame Judy for her site plan or change of use. The code book is a difficult book to read, and that a change of use does not need a public hearing which gives the Town Board more control.
Councilman Zurbrick asked Judy if she had any other storage for trailers besides up front in the new area.
Judy said she has some in the back but the trailers that need storage are really too big for the back area that’s why she kept them up frontand did not think there was a problem with the trailers being stored in the front section and that legally she can not physicallymove the trailers that are there now.
Supervisor Hoffman said Judy is out of compliance because of the decks, sheds and trailers, Judy would receive an order to remedy.
Councilman Arcara - What if she can not move the trailers?
Councilman Zurbrick - How does she get the trailer owners to come up and move them?
Supervisor Hoffman – Judy will have to call them or do whatever has to be done.
Councilman Zurbrick – The decks and sheds have to go correct?
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John Kotlarsz CEO- I will issue an order to remedy, then Judy has 30 days to comply. After that if Judy does not comply, I will issue an appearance ticket and a Judge will decide what should happen..
Judy said she has already went before Judge Montgomery and court was postponed until she was done with the other court proceedings to see what the outcome was going to be.
John Kotlarsz CEO said even after the decks and platforms are gone, the trailers will still come and have some sort of rug or pull out platform that they will put down in front of the door way. John would like the Town Board to understand this because the CEO can not keep running up and checking ever rug or platform that comes with each trailer.
Discussion continued about trailer rugs and pull-out platforms
Judy said with all the issues aside the problem right now is the storage of the trailers over the winter months up front.
Supervisor Hoffman – Are you thinking of storage at all the sites up front
Judy – No not all of the sites, the trailers are just there, no people they are not hurting anyone.
Councilman Arcara – What is the benefit if we make her move all the trailers now.
Supervisor Hoffman – Judy is out of compliance right now and we are following Town Law.
Privilege of the Floor
Mark Seifreid
9382 Heath Road – I feel if you give her an inch she will take a mile, if you let Judy store trailers the trailers will be there for good. That’s just what she does, they were approved for pull-through sites and now it is all changing. I did hear a rumor of a lawsuit what was the outcome.
Supervisor Hoffman – There was a lawsuit and the town prevailed in the lawsuit. The Judge said the Town did right.
Tara Seifried
9382 Heath Road - If the Judge told you that the Town did right then why is there a question on anything that should change
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Supervisor Hoffman – Well there is not at this point, Judy just wanted to meet with the Town Board to discuss storage of trailers at the campground during the winter months.
Stephanie Czerniak
8742 Woodview Avenue – I’m here to ask Councilman Arcara why he voted no to the resolution to Colden Lakes Campground?
Councilman Arcara –As a camper growing up we went by the assumption that a seasonal site was arespot until we did not want it anymore, so every year we went to our site which was there through out the winter, we came back in the spring that was are seasonal site, whichhad a deck and a shed to store our equipment and bikes. So to me to say you could not have a deck or shed to store are equipment and bikes just did not seem logical.
Stephanie Czerniak – Setting aside being logical if you look at all the documentation back in November, I requested that the entire board meet with Judy Brown and myself to discuss all the documentation that was before the board in 2001 and 2008. Judy was here with her friend, and the responsible thing for a board member to do is to look at the documentation and facts and not on the basis of childhood experience. The 2board members which choose not to come to that meeting for what ever reason I don’t know, but that night myself and Councilman Pietreszek meet with Judy Brown and I felt it a courtesy to let her know I based my decision on the resolution which stated no sheds, no permanent structures which was stated in all the documentation. In my opinion as a board member where the planning board went wrong was that the fact that they did not do their duediligence, and approved or recommended something to the board at that time, and the board at that timehad the obligation todo there do diligence at that meeting to amend her site plan.
Ron Fraser
7744 Center Street - Stated he does not understand the problem of storage, he has been to many campgrounds where they store trailers and all you need is a field.
Linda Antkowiak
8949 Frantz Road – The meeting that was called for the board members to get together with Judy sounds like a violation to the open meetings law, in her opinion to call town board members to meet together or one on one that it would be illegal. The planning board and environmental boards are advisory boards to the town board and can only work within the perimeter of the town code book.
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John Kotlarsz CEO, Judy would have to ask for an amendment to the site plan.
Supervisor Hoffman said that Judy should finish what she started the fences and trees and then come back to the boards with a new site plan.
Councilman Pietraszek said he would like to take a look around the campground to see if there is alternative place for the winter storage other then in the front.
Eric Barkey
9520 Heath Road -Back in 2008 when she came forward with her site plan they where to be drive through sites. Now look where we are at today it is unfortunate and I do not like it and I’m embarrassed for our neighborhood.
Carlene Wochensky
9233Heath Road–Carlene stated that she realizes Judy has had the campground a very long time, but hopes that the board will take into consideration that it is a residential area and the campground has devalued all of the surrounding property’s.
ADJOURN
MOTION made by Supervisor Hoffman and seconded by Councilman Pietraszek to adjourn the meeting at 7:34 pm
Respectfully submitted,
Christina M. Kerlin
Town Clerk