N.Y. RV Park Developer Reinstates Plan Request
A Sylvan Beach, N.Y., businessman is trying to make his dreams into a reality for the second time in Sylvan Beach.
And residents who oppose his plan are gearing up for the second round of the fight, The Oneida Daily Dispatch reported.
David Keshler, owner of DJTB Properties, began the application process for a new business by presenting a letter to Sylvan Beach Planning Board Chairman Robert Chessman Monday night (June 27). The Oneida County Court annulled the Planning Board’s previous decision to reject Keshler’s proposal.
Sylvan Beach Village Clerk Wanda Durant said the process will start from the beginning again.
Keshler proposed the construction a 60-site RV park, on 5 1/2 acres near Main Street, behind Blue Lagoon Miniature Golf Course which Keshler also owns.
His original proposal was submitted on March 22, 2010. A special meeting of the village planning board was held to discuss the proposal on April 5, 2010.
Detailed plans for the construction and operation of the park were included in the proposal. Water, sewer, electric and Internet access would be available at each site. Lots would range from 1,500 square feet to more than 2,000 square feet. Sixteen of the 60 sites would be seasonal with the remaining sites reserved on a daily basis. The park would be open from May 1 to Columbus Day.
There were some proposed restrictions on the operation of the park including a 7 mph speed limit and a quiet time from 10 p.m. to 7 a.m. Campfires would be required to be contained in fire pits and follow New York state fire codes.
On May 24, 2010, the planning board rejected Keshler’s plans. Minutes from the planning board’s meeting indicated that Keshler’s original application was ineligible for a special use permit. The board cited a Feb. 2009 local law, which stated that campgrounds are only permitted in the B3 Business District.
According to the village’s zoning codes found online and the version on file with the village clerk, the local law adopted in February 2009 indicates that campgrounds are permissible in the residential and village center zones with the issuance of a special use permit. The proposed project site is located within the village center zone.
Special use permits are required for certain projects because of their characteristics and location, in consideration to their effect on the surrounding area and character of the community.
The planning board also rejected the project on the grounds that it does not fit the village’s comprehensive plan for the “direction and intended uses for specific areas and neighborhoods.”
Keshler filed an Article 78 petition against the village, challenging the legitimacy of the board’s decision. Under civil law, Article 78 proceedings serve as a path to challenge decisions made by municipal bodies in order to prohibit them from overstepping their jurisdiction.
“The planning board’s denial of the special use permit was based on a critical error of law that the zoning ordinance did not permit a campground in the zoning district in which the premise is located,” Keshler’s Article 78 petition says.
When the new proposal is submitted then the planning board will have 62 days to schedule a public hearing on the proposal. Within an additional 62 days following the hearing, board members are required to make a decision. Their recommendation will be passed on to the Zoning Board of Appeals, which will follow a similar process and pass its recommendation on to the village Board of Trustees.
Calls to Kesler were not returned in time for this story.
The next two Sylvan Beach planning board meetings are Monday, July 11, and Monday, July 25, at 5:30 p.m. at the village offices at 808 Marina Drive.