-------------------------------------------------------------------------------- The following information is being sent to everyone who has signed up to receive "Conesus Lake Alerts" or "Conesus Lake News". This information is important to you, whether or not you are in the Town of Livonia. Contact your neighbors and make certain they are aware of these proposed changes. Contact the Town Supervisor and Town Board members with your concerns. Do NOT think that you won't be impacted by these changes. Everyone who has a dock, or who moors watercraft on Conesus Lake could be negatively impacted by these actions. -------------------------------------------------------------------------------- Please read, and act on, this critically-important news from the Conesus Lake Association February 14, 2010 Re: Proposed changes to the Town of Livonia’s Docks and Mooring Law The Town of Livonia has formally proposed to remove, from Article XVI of the Town’s zoning code - its Docks and Moorings Law (“D&ML”) - all regulations pertaining to the location, configuration and/or placement of docks in Conesus Lake. The Town has also proposed to remove all references to water rights lines and the methods of determining such lines as they pertain to the placement of docks in the Lake. The end results of these proposed actions, if they are adopted by the Town Board, will be a significant change to the existing D&ML, since the only remaining substance will be that regulating the number of boats and docks allowed on any lakeshore parcel. The current Town of Livonia D&ML was adopted less than three years’ ago, based on significant input from a dedicated committee that worked to balance the Town’s Master Plan changes with the zoning code. This committee was formed at the request of Supervisor Gott to ensure that the D&ML was fair and equitable for all residents, and to clarify dock locations in a specific cove and in other cove configurations. Their work resulted in a local D&ML that could be successfully defended if necessary. Town officials, the committee, and involved residents did good work, the local law was strengthened, and the Town’s D&ML has been held up as a model law around New York State. The Conesus Lake Association commends the Town of Livonia for its good faith effort to improve the D&ML in 2007. Since then, the Town has been involved in a single, repeated situation involving a persistent, resourceful and litigious violator. After two years’ successful prosecution of that violator, the Town concluded that it could be confronted with ongoing annual legal expenses if the violations continue. It is our clear understanding that the Town has chosen to avoid this cost to taxpayers by rescinding its local authority to regulate dock placement and location. The authority to regulate these issues was originally granted to the Town by enabling New York State Home Rule legislation in the early 1990s. After Home Rule legislation was passed, all four lakeshore towns adopted docks & mooring laws, which included the regulation of dock placement. These local laws have been good for the quality of life around Conesus Lake by protecting free and open access to navigable water, and by improving safety along the shoreline. Many years’ experience with the existing D&MLs, have clearly demonstrated that the vast majority of lakeshore residents will act responsibly and be considerate of their neighbors when there are legal requirements for dock placement and location that provide guidance for them. If the Town’s proposed revisions are adopted, any lakeshore property owner could literally build and configure a dock that completely blocks neighbors’ access to the lake. If this were to happen, the Town would do nothing to prevent it, and would leave residents to fend for themselves in civil court with no guidance or assistance in resolving the dispute. The Conesus Lake Association, based on a lot of input from its members and a general agreement that the Town’s actions are not in residents’ best interests, has taken a position against the rescission of this language from the Livonia D&ML. The Livingston County Planning Board, at its February 11, 2010 meeting, agreed with the CLA’s position that adoption of these changes would unfairly penalize the majority of residents. Draft minutes of the Planning Board meeting have not been made available as of this date. However, the CLA has been informed by the County Planning Department that the Planning Board “disapproved” this specific element (Article XVI – the D&ML) of the Town’s referral, and made it mandatory that a “super-majority” 4 of 5 Town Board members will be required to remove language from the existing Docks & Mooring Law when it comes to a vote. On Thursday, March 18, 2010, the Livonia Town Board will hold its final public hearing on the proposed changes to its zoning code, including the Docks & Mooring Law. A binding vote on the changes could be taken during that Town Board meeting. The wrong result could reverse years of work, and set the Town back to the days before any Docks & Mooring Law was in place to guide residents’ actions in this area of their lives. Your help is needed to protect Conesus Lake and the rights of over 50% of total lakeshore residents who live in the Town of Livonia. We need to prevent this dangerous precedent, which could spread to the other lakeshore towns, from being established in Livonia. As soon as you can, please contact Supervisor Eric Gott and the members of the Livonia Town Board to register your concern about this proposal. Talk to your neighbors and friends, and ask them to become involved with this issue. Don’t wait, and don’t rely on others to register their opinion. Everyone should provide input to the Town. No one should be a bystander. § Send your letter to Eric Gott, Supervisor, Town of Livonia, 35 Commercial Street, Livonia, NY 14487, and ask that it be shared with the entire Town Board. § Send your email to Supervisor Gott at livonsup@rochester.rr.com, and ask that it be shared with Town Board members. § PLEASE plan to attend the Town Board meeting on Thursday, March 18, 2010, starting at 7:00pm at the Town Hall. If Livonia’s taxpayers want the Town to keep the existing Docks & Mooring Law, including the guidance that has facilitated the resolution of disagreements since the D&ML was originally passed in 1991, the March 18th Town Board meeting needs to be filled with residents who want their voices heard, and who want the Town Board to do the right thing, not the expedient thing, to protect its citizens’ free and open access to the Lake. --------------------------------------------------------------------------------

Effective on October 14, 2009, The New York State Department of Environmental Conservation ("NYSDEC") has revised Part 215 of its regulations to prohibit all open burning in New York State, with a limited number of exceptions. Go to the following web site for complete details, a Q&A listing, and to read a listing of the few exceptions to this new regulation: http://www.dec.ny.gov/chemical/58519.html All questions regarding these new regulations on open burning should be directed to the NYSDEC Region 8 office, 6274 Avon-Lima Rd. (Rtes. 5 and 20), Avon, NY 14414-9519 or by calling 585-226-2466.

The “ALERTS” system is designed to advise lake area residents of any widespread urgent situation that occurs during the course of the year.

Some examples of what might be considered an alert are:

• A boil-water advisory
• A no-swim advisory
• Road closings due to an emergency
• Other issues deemed appropriate by government or CLA officials
  

Automatic Alert Notification

If you want “ALERTS” automatically sent to your e-mail address when they occur, please complete the following form:

Upon submitting this form, an acknowledgement e-mail will be sent to you, confirming your participation.

NOTE 1: Your e-mail address will NOT be used for anything other than to receive “ALERT” notifications.
NOTE 2: If you participate in Automatic Alert Notification, please be sure to advise any friends or neighbors who are not “connected” if an alert is received.

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