JANUARY 9, 2007
Chairman Glenn Howard called the regular monthly meeting to order on January 9, 2007 at the Lexington Municipal Building, Route 42, followed by the pledge of allegiance to the American Flag.
Chairman Glenn Howard welcomed the new member Ralph Albino and said that he was happy to have him as a member. Mr. Albino replaced Richard Banks, who resigned on December 31, 2006, because of health reason.
Planning Board members present were Glenn Howard, Taris Charysyn, Ralph Albino, Robert Cross, Jr., and Edwin Dippold, Jr. Absent were Susan Constable and Robert Hermance.
Others present were Attorney Edward Kaplan, Land Surveyor Bruce Maben, and Rose Williams, Secretary.
Minutes
Edwin Dippold, Jr. made a motion to accept the minutes of the November 14, 2006 Panning Board meeting, seconded by Robert Cross, Jr.
Vote: Howard-aye, Cross-aye, Dippold-aye, Albino-aye, Charysyn-aye. Carried
Absent: Constable & Hermance
Minor Subdivision – CONCATO -- Sketch Plan
Parcel # 109.00-2-48
Van Etten Road Extension
After the last Planning Board Meeting of November 14, 2006, the Planning Board sent a Referral Form to the Zoning Board of Appeals stating that the two (2) 5 +/- acres parcel subdivisions that the Concato’s wanted to do, did not meet the 300 foot minimum lot width under Rural Residential District in § 4.06 of Bulk Regulations of the Town of Lexington Zoning Regulations, therefore, they needed to get a variance to proceed.
Attorney Edward Kaplan was present to represent the owners -- Joseph & Jane Concato. Attorney Kaplan explained that he went to the Zoning Board of Appeals for the Town of Lexington on December 14th, 2006 for a variance for the lot width for the two parcels.
The findings from the Zoning Board of Appeals were:
1. Checking the maps, the surrounding parcels were of the same average in dimension.
2. Parcels are located on a private road, not a main road.
3. They are not changing the characteristics of the neighborhood it is located in.
4. All surrounding property owners were notified by certified mail with no response from any.
The Planning Board Members reviewed the findings from the Zoning Board of Appeals and decided that since the variance was granted, they had no problem with the subdivision.
Attorney Ed Kaplan said that it appears through his investigation of deeds and etc. – that Parcel # 109.00-2-48 that was being subdivided now, was originally --- two 5 +/- acre parcels when it was first subdivided and got put together later on as one – 10 +/- acres parcel. Therefore, Attorney Kaplan said that the Mr. & Mrs. Concato would be retuning it back to what it was originally when it was first subdivided.
After the subdivision is done, one parcel will be vacant and the other one will have the house and septic on it. The vacant parcel will be for a relative. The Planning Board Members asked to have the house, septic, and other pertinent information put on the survey map that will be brought back for the next meeting.
Robert Cross, Jr. made a motion to grant Sketch Plan Approval for the Minor Subdivision of Joseph & Jane Concato (Parcel # 109.00-2-48), where a 10 +/- acre parcel will become two 5 +/- acre parcels, seconded by Edwin Dippold, Jr.
Vote: Howard-aye, Cross-aye, Dippold-aye, Albino-aye, Charysyn-aye. Carried
Absent: Constable & Hermance.
Attorney Edward Kaplan will come to the next meeting for Preliminary Plat Approval of the Concato Minor Subdivision.
Training
The Planning Board members discussed going to the training requirements for the Planning Board Members, which became effective January 1, 2007. The new training programs are in the works and have been scheduled for Monday, April 23rd at the Greene County Emergency Operations Training Center in Cario, NY, and Thursday, April 26th at Columbia-Greene Community College.
Parcel # 162.00-1-12 & # 162.00-1-32 --- Rusk Mountain Road
Land Surveyor, Bruce Maben, brought a sketch map of Parcel # 162.00-1-12 & 32. Lot # 162.00-1-12 is owned by Anne Mc Innis, and Lot # 162.00-1-32 is owned by S. Zambito. Mr. Maben said that these parcels were involved in a court case that had been on going for a while because Michael Autuori was suppose to have the first right of refusal for parcel ending in 1-32, if Mr. Zambito ever wanted to sell it --- which he didn’t get because Mr. Zambito went into contract to sell it to Anne Mc Innis. So, Mr. Autuori went to court on the matter. The court decided that Mc Innis could purchase the land from Zambito, but there would be a conservation easement to Michael Autuori (Wild Share, Inc.) on the northern part of parcel # 162.00-1-32, where a section of 2.63 acres would be made forever wild, and can never be developed. The other part of the agreement was that the existing lot that is owned by Anne Mc Innis -- Parcel # 162.00-1-12 of 1.36 acres, should be combined with Parcel # 162.00-1-32 --- to make it into one lot. Mr. Maben went on to say that he told the owners that they would need to do a lot line adjustment or a boundary line agreement to get rid of the subdivision line, so the whole thing would be one lot with a conservation easement. There was also a restriction in the court order saying that once this happens, it can never be subdivided again.
Bruce Maben said that his question to the Planning Board was: If Zambito still owns the parcel that Mc Innis is going to buy ------ what do they need to do to come to the Planning Board, so she can make it into one lot – to comply with the court order.
Chairman Howard answered that the first thing that has to happen is that Anne Mc Innis has to buy the lot from Zambito. Chairman Howard said that there has to be some kind of a legal document that binds her to come here to the Planning Board to do her lot line adjustment or whatever she would like to do to make it one parcel.
The Planning Board Members discussed the matter further and agreed that she cannot move the line or make a lot line adjustment until she owns both properties. Surveyor Bruce Maben said that he is going write up a description for the easement, one for the parcel, and then one for the whole thing, so they are all put together. But, Surveyor Maben said that he wanted the recommendation of the Planning Board, so that he can tell his clients what they would have to do to get this completed. The Planning Board members agreed that Anne Mc Innis has to own the two parcels, and that Bruce should also tell them that they need the deeds drawn up and ready for filling with the date and their signatures on them when they come to the Planning Board.
Surveyor Bruce Maben told the Planning Board Members that the can put notes into their approval on the map; saying that the approval is subject to following the court order --- so if they don’t comply with what was ordered --- then the Planning Board Approval would not be good.
Lot-line Adjustment
Edwin Dippold made a motion that the same person(s) has to own both parcels before the Planning Board can do a lot line adjustment, seconded by Robert Cross, Jr.
Vote: Howard-aye, Cross-aye, Dippold-aye, Albino-aye, Charysyn-aye. Carried
Absent: Constable & Hermance.
Correspondence
Chairman Glenn Howard said that he had a letter from Central Hudson and the Planning Board has to be aware that the power company has easements when they are subdividing property, and the Planning Board should help keep their easements clear.
Days to Record a Map
The question was asked: How many days you have to file a lot line adjustment map with Greene County? The answer is: “Must be filed with the County Clerk within sixty (60) days of Planning Board final approval in towns; and within ninety (90) day of Planning Board final approval in villages.”
Adjourn
Taris Charysyn made a motion to adjourn the meeting, seconded by Robert Cross, Jr. All agreed.
Chairman Howard adjourned the meeting at 7:50 PM.
Respectfully submitted,
Rose Williams, Secretary