Town of Lexington,NY - Board Minutes


Board Meeting Town of Lexington Planning Board January12, 2010 Chairman Robert Hermance called the regular monthly meeting of the Town of Lexington Planning Board to order on January 12th, 2010 at 7:00 pm at the Lexington Municipal Building, 3542 Route 42, followed by the pledge of allegiance to the American Flag. William Pushman and Carl Davis, the newly appointed members of the Planning Board were sworn in by Notary, Rose Williams and they signed their Oaths of Office before the meeting. Planning Board Members present were Chairman Robert Hermance, Deputy Chairman Ralph Albino, Susan Constable, Edwin Dippold, Jr., Taris Charysyn, William Pushman, and Carl Davis. Others present were Joseph Romanec, James Boyle, and Secretary, Rose Williams. Appoint Chairman Taris Charysyn made a motion to appoint Robert Hermance as Chairman of the Town of Lexington Planning Board, seconded by Edwin Dippold, Jr. Vote: Hemance-abstained, Dippold-aye, Albino-aye, Constable-aye, Charysyn-aye, Davis-aye, & Pushman-aye. Carried. Aye - 6 and 1 Abstained. Deputy Chairman Edwin Dippold, Jr. made a motion to appoint Ralph Albino as the Deputy Chairman of the Town of Lexington Planning Board, seconded by Susan Constable. Vote: Albino-abstained, Dippold-aye, Hermance-aye, Constable-aye, Charysyn-aye, Davis-aye, & Pushman-aye. Carried. Aye - 6 and 1 Abstained. Minutes Edwin Dippold, Jr. made a motion to accept the minutes of meeting held on December 8th, 2010, seconded by Susan Constable. Vote: Albino-aye, Dippold-aye, Hermance-aye, Constable-aye, Charysyn-aye, Davis-aye, & Pushman-aye. Carried. Aye - 7 Chairman Robert Hermance welcomed the new members; William Pushman and Carl Davis. Smith Minor Subdivision -- Parcel # 128.00-1-17.1 -- County Rt. 13 Chairman Robert Hermance asked the members if they had any input or anything that they would like to put before the Board before going to the Public Hearing for the Smith Minor Subdivision. Chairman Hermance said that he had receive some input and he was told that Mrs. Smith wasn't really happy with what was going on, and she wasn't happy with the fact that she wasn't getting only so much road frontage on the parcel that was being subdivided into the two parcels. Chairman Hermance went on to say that Mrs. Smith was suppose to call Attorney Tal Rappleyea the day of the meeting to tell him that she did not want to go ahead with final plat approval. Rose Williams was asked to check her answering machine and e-mails for any messages, which she did, and there were no responses on either. Chairman Hermance said that this needed to be in the record because he was told about these things. Taris Charysyn said that he received a phone call also, which was also received by the other Planning Board Members. Apparently the person didn't identify him or herself, but proceeded to talk to the members individually about the minor subdivision. A discussion was held on the phone calls they received, and a further discussion was held on what process the Planning Board Members felt they should take regarding the Smith Minor Subdivision. Chairman Robert Hermance said that the Planning Board has forty-five days to make a final decision and he felt that it would be best to wait until next month for the final approval. Edwin Dippold said that the onus was on her (Mrs. Smith) and felt that someone should be at the meeting to represent her if she didn't want to go through with the subdivision. Ralph Albino said that he felt that the minor subdivision could be finalized and if she didn't want to do it, and then it would be her place to decide whether she should go through with it. Taris Charysyn said that he felt that the Planning Board should postpone the decision for another month and talk to the lawyer. Susan Constable said that she felt that someone should be here at the meeting if they have an objection because a public hearing was scheduled to be held. Rose went to check her answering machine for the second time for any messages and there were no messages. Close Regular Meeting Ralph Albino made a motion to close the regular meeting to go to the Public Hearing that had been scheduled for the Smith Minor Subdivision, seconded by Susan Constable. Time: 7:15 pm Vote: Albino-aye, Dippold-aye, Hermance-aye, Constable-aye, Charysyn-aye, Davis-aye, & Pushman-aye. Carried. Aye - 7 Open Public Hearing William Pushman made a motion to open the Public Hearing for the Smith Minor Subdivision, seconded by Susan Constable. Time 7:15 pm Vote: Albino-aye, Dippold-aye, Hermance-aye, Constable-aye, Charysyn-aye, Davis-aye, & Pushman-aye. Carried. Aye - 7 Public Hearing / Smith Minor Subdivision Chairman Robert Hermance opened the public hearing for the Smith Minor Subdivision and asked the public if they had any comments or question to ask. Joseph Romanec asked where the driveway would be coming out on County Rt. 13 for the minor subdivision. James Boyle showed Mr. Romanec where the proposed driveway would be going, and he was satisfied with the answer. Rose Williams reported that Maida Winters, an adjoining land owner, was in her office earlier in the week and wanted her to convey to the Lexington Planning Board that she didn't have any objection to the Smith Minor Subdivision. The Survey maps were reviewed by the Planning Board Members. Close the Public Hearing Edwin Dippold, Jr. made a motion to close the Public Hearing for the Smith Minor Subdivision and return to the regular meeting, seconded by William Pushman. Time: 7:22 pm Vote: Albino-aye, Dippold-aye, Hermance-aye, Constable-aye, Charysyn-aye, Davis-aye, & Pushman-aye. Carried. Aye - 7 James Boyle asked t address the Planning Board and told the Planning Board Members that he would like to have this acted upon because the lady has had four months to act on this and on the night of the hearing -- you are getting crazy phone calls and you don't know where they are coming from because the people are not identifying themselves. Mr. Boyle went on to say that he had complied with all the regulations as far as the subdivision goes, and he would like to have the subdivision approved so he could get the thing going and build a house. Susan Constable said that if this was approved, the worst case scenario that could happen was that Agnes Smith would own two parcels of land instead of one, and if she doesn't want to sell – she don’t sell. Taris Charysyn said that if Agnes Smith wasn't comfortable, then he didn't want to hold the Planning Board liable. Robert Hermance said that he wasn't an adjoining property owner, his former wife was. Ralph Albino said that when the Board votes on a subdivision -- it goes back to that person and they have to file it with Greene Co. and if her Attorney doesn't file it -- then it is over, so the Board can approve it and what they do with it after that is really none of the Boards business. Robert Hermance said that he didn't know what the legality of the issue would be if the Board voted on it and it goes to the next stage -- then Larry Gardner might say that it would have to be sold and record the deeds. More discussion was held. Smith Minor Subdivision -- Parcel # 128.00-1-17.1 -- County Rt. 13 Final Plat Approval 20.007 acres from 44 +/- acres The Smith Minor Subdivision file consisted of the following: An application with the paid fee of $100. Completed Short EAF Notice of Public Hearing Notice for Windham Journal A Sketch Map Letters sent to adjoining land owners of Public Hearing. Return Receipts for letters Description of property from Vanucchi Associates Payment of Fees -- $ 74.68 Paid fee of $25. for new Subdivision Lot and $25. for Recreation fee. Signed Letter of Agent / P.O.A. by Agnes Smith Driveway Permit Application / Greene Co. Highway Dept. Planning Board Minutes Preliminary Survey Map Paid and receipted tax bill Final Survey Maps and Mylar Final Approval Ralph Albino made a motion to grant Final Approval for the Smith Minor Subdivision where 20.007 acres would be subdivided from a 42 +/- acres parcel, which is known as Parcel # 128.00-1-17.1 on County Route 13, seconded by Edwin Dippold, Jr. Vote: Hermance-Nay, Dippold, Jr.-Aye, Davis-Aye, Susan-Aye, Ralph-Aye, Charysyn-Nay, Pushman-Aye. Nay - 2, Aye - 5 (Final Approval was Approved) Chairman Robert Hermance signed the maps and mylar for the Smith Minor Subdivision. Other Business / Meetings Start at 6:30 pm Taris Charysyn made a motion to start the monthly meetings at 6:30 pm, seconded by Robert Hermance. Vote: Albino-aye, Dippold-Nay, Hermance-aye, Constable-aye, Charysyn-aye, Davis-aye, Pushman-aye. Carried. (Aye - 6 Nay - 1) Adjourn Ralph Albino made a motion to adjourn the meeting, seconded by Susan Constable. All Agreed. Chairman Robert Hermance adjourned the meeting. Respectfully submitted, Rose Williams, Secretary Town of Lexington Planning Board

Board Meeting

Town of Lexington Planning Board
January12, 2010

                Chairman Robert Hermance called the regular monthly meeting of the Town of Lexington Planning Board to order on January 12th, 2010 at 7:00 pm at the Lexington Municipal Building, 3542 Route 42, followed by the pledge of allegiance to the American Flag.
                William Pushman and Carl Davis, the newly appointed members of the Planning Board were sworn in by Notary, Rose Williams and they signed their Oaths of Office before the meeting.
                Planning Board Members present were Chairman Robert Hermance, Deputy Chairman Ralph Albino, Susan Constable, Edwin Dippold, Jr., Taris Charysyn, William Pushman, and Carl Davis.
                Others present were Joseph Romanec, James Boyle, and Secretary, Rose Williams.
Appoint Chairman

Taris Charysyn made a motion to appoint Robert Hermance as Chairman of the Town of Lexington Planning Board, seconded by Edwin Dippold, Jr.

Vote: Hemance-abstained, Dippold-aye, Albino-aye, Constable-aye, Charysyn-aye, Davis-aye, &
Pushman-aye. Carried. Aye - 6 and 1 Abstained.

Deputy Chairman

Edwin Dippold, Jr. made a motion to appoint Ralph Albino as the Deputy Chairman of the Town of Lexington Planning Board, seconded by Susan Constable.

Vote: Albino-abstained, Dippold-aye, Hermance-aye, Constable-aye, Charysyn-aye, Davis-aye, &
Pushman-aye. Carried. Aye - 6 and 1 Abstained.

Minutes

Edwin Dippold, Jr. made a motion to accept the minutes of meeting held on December 8th, 2010, seconded by Susan Constable.

Vote: Albino-aye, Dippold-aye, Hermance-aye, Constable-aye, Charysyn-aye, Davis-aye, &
Pushman-aye. Carried. Aye - 7

Chairman Robert Hermance welcomed the new members; William Pushman and Carl Davis.

Smith Minor Subdivision -- Parcel # 128.00-1-17.1 -- County Rt. 13

                Chairman Robert Hermance asked the members if they had any input or anything that they would like to put before the Board before going to the Public Hearing for the Smith Minor Subdivision.
                Chairman Hermance said that he had receive some input and he was told that Mrs. Smith wasn't really happy with what was going on, and she wasn't happy with the fact that she wasn't getting only so much road frontage on the parcel that was being subdivided into the two parcels.   Chairman Hermance went on to say that Mrs. Smith was suppose to call Attorney Tal Rappleyea the day of the meeting to tell him that she did not want to go ahead with final plat approval. Rose Williams was asked to check her answering machine and e-mails for any messages, which she did, and there were no responses on either.   Chairman Hermance said that this needed to be in the record because he was told about these things.
                Taris Charysyn said that he received a phone call also, which was also received by the other Planning Board Members. Apparently the person didn't identify him or herself, but proceeded to talk to the members individually about the minor subdivision. A discussion was held on the phone calls they received, and a further discussion was held on what process the Planning Board Members felt they should take regarding the Smith Minor Subdivision.
                Chairman Robert Hermance said that the Planning Board has forty-five days to make a final decision and he felt that it would be best to wait until next month for the final approval. Edwin Dippold said that the onus was on her (Mrs. Smith) and felt that someone should be at the meeting to represent her if she didn't want to go through with the subdivision. Ralph Albino said that he felt that the minor subdivision could be finalized and if she didn't want to do it, and then it would be her place to decide whether she should go through with it.   Taris Charysyn said that he felt that the Planning Board should postpone the decision for another month and talk to the lawyer.   Susan Constable said that she felt that someone should be here at the meeting if they have an objection because a public hearing was scheduled to be held.
                Rose went to check her answering machine for the second time for any messages and there were no messages.

Close Regular Meeting

Ralph Albino made a motion to close the regular meeting to go to the Public Hearing that had been scheduled for the Smith Minor Subdivision, seconded by Susan Constable. Time: 7:15 pm

Vote: Albino-aye, Dippold-aye, Hermance-aye, Constable-aye, Charysyn-aye, Davis-aye, &
Pushman-aye. Carried. Aye - 7

Open Public Hearing

William Pushman made a motion to open the Public Hearing for the Smith Minor Subdivision, seconded by Susan Constable. Time 7:15 pm

Vote: Albino-aye, Dippold-aye, Hermance-aye, Constable-aye, Charysyn-aye, Davis-aye, &
Pushman-aye. Carried. Aye - 7

Public Hearing / Smith Minor Subdivision

Chairman Robert Hermance opened the public hearing for the Smith Minor Subdivision and asked the public if they had any comments or question to ask.

Joseph Romanec asked where the driveway would be coming out on County Rt. 13 for the
minor subdivision. James Boyle showed Mr. Romanec where the proposed driveway would be going, and he was satisfied with the answer.

Rose Williams reported that Maida Winters, an adjoining land owner, was in her office earlier in the week and wanted her to convey to the Lexington Planning Board that she didn't have any objection to the Smith Minor Subdivision.
The Survey maps were reviewed by the Planning Board Members.

Close the Public Hearing

Edwin Dippold, Jr. made a motion to close the Public Hearing for the Smith Minor Subdivision and return to the regular meeting, seconded by William Pushman. Time: 7:22 pm

Vote: Albino-aye, Dippold-aye, Hermance-aye, Constable-aye, Charysyn-aye, Davis-aye, &
Pushman-aye. Carried. Aye - 7

                James Boyle asked t address the Planning Board and told the Planning Board Members that he would like to have this acted upon because the lady has had four months to act on this and on the night of the hearing -- you are getting crazy phone calls and you don't know where they are coming from because the people are not identifying themselves.   Mr. Boyle went on to say that he had complied with all the regulations as far as the subdivision goes, and he would like to have the subdivision approved so he could get the thing going and build a house.
                Susan Constable said that if this was approved, the worst case scenario that could happen was that Agnes Smith would own two parcels of land instead of one, and if she doesn't want to sell – she don’t sell.
                Taris Charysyn said that if Agnes Smith wasn't comfortable, then he didn't want to hold the Planning Board liable.
                Robert Hermance said that he wasn't an adjoining property owner, his former wife was.
                Ralph Albino said that when the Board votes on a subdivision -- it goes back to that person and they have to file it with Greene Co. and if her Attorney doesn't file it -- then it is over, so the Board can approve it and what they do with it after that is really none of the Boards business.
                Robert Hermance said that he didn't know what the legality of the issue would be if the Board voted on it and it goes to the next stage -- then Larry Gardner might say that it would have to be sold and record the deeds.
                More discussion was held.

Smith Minor Subdivision -- Parcel # 128.00-1-17.1 -- County Rt. 13
                                                      Final Plat Approval
                                                      20.007 acres from 44 +/- acres

The Smith Minor Subdivision file consisted of the following:

An application with the paid fee of $100.
Completed Short EAF
Notice of Public Hearing Notice for Windham Journal
A Sketch Map
Letters sent to adjoining land owners of Public Hearing.
Return Receipts for letters
Description of property from Vanucchi Associates
Payment of Fees -- $ 74.68
Paid fee of $25. for new Subdivision Lot and $25. for Recreation fee.
Signed Letter of Agent / P.O.A. by Agnes Smith
Driveway Permit Application / Greene Co. Highway Dept.
Planning Board Minutes
Preliminary Survey Map
Paid and receipted tax bill
Final Survey Maps and Mylar

Final Approval

Ralph Albino made a motion to grant Final Approval for the Smith Minor Subdivision where 20.007 acres would be subdivided from a 42 +/- acres parcel, which is known as Parcel # 128.00-1-17.1 on County Route 13, seconded by Edwin Dippold, Jr.

Vote: Hermance-Nay, Dippold, Jr.-Aye, Davis-Aye, Susan-Aye, Ralph-Aye, Charysyn-Nay, Pushman-Aye.
Nay - 2, Aye - 5 (Final Approval was Approved)

Chairman Robert Hermance signed the maps and mylar for the Smith Minor Subdivision.

Other Business / Meetings Start at 6:30 pm

Taris Charysyn made a motion to start the monthly meetings at 6:30 pm, seconded by Robert Hermance.

Vote: Albino-aye, Dippold-Nay, Hermance-aye, Constable-aye, Charysyn-aye, Davis-aye, Pushman-aye.
Carried. (Aye - 6 Nay - 1)

Adjourn

Ralph Albino made a motion to adjourn the meeting, seconded by Susan Constable. All Agreed.

Chairman Robert Hermance adjourned the meeting.

Respectfully submitted,

Rose Williams, Secretary
Town of Lexington Planning Board