Town of Lexington,NY - Board Minutes


Board Meeting Town of Lexington Planning Board February 8th, 2010 The Town of Lexington Planning Board did not hold a meeting on February 8th, 2010 because there wasn’t anything on the agenda. Respectfully Submitted, Rose Williams, Secretary TOWN OF LEXINGTON PLANNING BOARD MARCH 9TH, 2010 Chairman Robert Hermance called the regular monthly meeting to order on March 9th, 2010 at the Lexington Municipal Building, 3542 Route 42, followed by the pledge of allegiance to the American Flag. Planning Board Members present were Chairman Robert Hermance, Ralph Albino, Susan Constable, Taris Charysyn, William Pushman, Carl Davis, and Edwin Dippold, Jr. Others present were Monica Piccinini, Supervisor Greg Cross, Code Enforcement Officer James Boyle, and Rose Williams, Secretary. Minutes Edwin Dippold, Jr. made a motion to accept the minutes of the meeting held on (No Meeting for February - 2010) January 12, 2010, seconded by Susan Constable. Vote: Hermance-aye, Constable-aye, Dippold-aye, Albino-aye, Pushman-aye, Charysyn-aye, and Davis- aye. Carried. Piccinini / Graham Minor Subdivision – Vanucchi Associates (Surveyor) Parcel #178.00-2-15 (68.017) 30 Wolff Road / Off Spruceton Road The Piccinini & Graham Minor Subdivision was finalized on September 21, 2009 by the Town of Lexington Planning Board and the notice of the recording of the Subdivision Plat with the Greene County Clerk, Michael Flynn was done on October 1, 2009. Monica Piccinini was present and was representing her family regarding Lot 1 of the minor subdivision for the 14.422 acres. She came before the Planning Board because she wanted a variance for the fifty foot right-of-way because the fifty foot right-of-way comes to close to the edge of the porch. Chairman Hermance said that he received the “Area Variance Standard” from Attorney Tal Rappleyea to help make a determination, and asked the Planning Board Members to read the memo. Chairman Robert Hermance said that it was his understanding that the road would never be turned over to the town for a town road, but even though there is a fifty foot right-of-way, they would like it to be a thirty foot right-of-way if the Planning Board could issue them a variance. Chairman Hermance said that he would like it to be put in writing, so that if it was ever subdivided in the future ---- that the road or the right-of-way could never become a town road. Piccinini / Graham Minor Subdivision – Continued And if a variance was granted --- a new set of maps and mylar would be needed to update and correct the new right-of-way. They would like the thirty foot right-of way because they would like to build onto the porch of the house, and the fifty foot right-of-way interferes with that. The Planning Board members discussed the variance and what they would be willing to allow for a variance. Taris Charysyn made a motion to give a variance for a 16 feet right-of-way in Lot #1 along the driveway pending documentation from the owners Aunt Sharon Graham, saying that she has no objection to the sixteen foot right-of-way because she was the other party agreeing to the original subdivision, seconded by Ralph Albino. Vote: Hermance-aye, Constable-aye, Dippold-Nay, Albino-aye, Pushman-aye, Charysyn-aye, and Davis- aye. Aye – 6, Nay – 1, Carried. Chairman Robert Hermance said that after the letter from Sharon Graham is received, he will approve the variance and inform Monica Piccinini that everything is in order, so that the new maps and mylar can be made up by Vanucchi Associates for signing by him. The amended maps will need to be filed in Greene County. Lexington Hotel –– Special Use Permit -- Parcel # 127.20-2-11 Chairman Robert Hermance said that he received an e-mail from Scott Griffin saying that he was unable to attend the meeting because of a family illness. Supervisor Greg Cross said that Attorney Tal Rappleyea has tried several times to set up the escrow account but it was to no avail. Supervisor Cross went on to say that it is the Town Boards position at this point; that until he does something in good faith --- they will not be appointing a deputy code enforcement officer because the Town Board acted seven months ago in good faith to get him started and there has been no progress. Prior to the Town Board appointing a deputy code enforcement officer, something needs to be done in good faith to uphold his side of the Special Use Permit because essentially at this point – he has not done what he said he was going to do.. Chairman Hermance and Deputy Chairman Albino feel that the deputy code enforcement officer has to be someone that is really qualified and able to follow through on the project because it is quite an elaborate plan that is coming before the Planning Board. Supervisor Cross asked about the advertisement for the newspaper for the help wanted ad for the Deputy Code Enforcement Officer and it will be going into next week’s paper --- The Windham Journal. More discussion was held. It was decided that Chairman Robert Hermance would compose a letter to Scott Griffin telling him that the escrow account needs to be established because the town is trying to get a trained person for a deputy code enforcement to oversee the projects. Supervisor Greg Cross said that any of the cost involved in any of the properties while Jim Boyle is Code Enforcement Officer for the town --- Scott has agreed to pay, so between the two lawyers, they will be setting up an agreeable amount, and Supervisor Cross said that he did not know what that number would be. Chairman Robert Hermance will write a letter, which will be e-mailed to Scott Griffin and also sent by registered return receipt mail to him through his Attorney, Mitchell P. Heaney. James Boyle / Address the Board James Boyle, Code Enforcement Officer, addressed the Planning Board by saying thanks for the approval of the Minor Subdivision for the Smith property. James Boyle also went on to say that he was here last January and there was a lot of talk about anonymous callers making complaints about the Smith Subdivision along with other complaints. And, Mr. Boyle wanted to tell the Board that there were no complaints at the closing and he had received a letter two days after the Board Meeting from Attorney Larry Gardner, saying that the seller, Agnes Smith, wanted the closing as soon as possible, which followed on the next Friday. James Boyle said that he was now the new owner of the property and it all went well, and nobody was sued. Correspondence Chairman Robert Hermance received a letter from the Resident Engineer, John Izzo, from the New York State Dept. of Transportation in reference with the DOTs role in reviewing projects that have frontage along or access to a State highway, where they would like to comment on the site plan during the review process and have the planning board require that those concerns are addressed in the approved site plan. The letter will be on file at the Town Clerk’s office for any review. Training will be held - Wednesday, March 24th, 2010 from 6 to 9 pm @ H-T High School customized mapping application - Call Michelle Yost to confirm: 589-6871 New Lap Top Computer The Planning Board Members said they would like to have a lap top computer so they could use it at the meetings to bring up maps and etc. Adjourn Taris Charysyn 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
February 8th, 2010

The Town of Lexington Planning Board did not hold a meeting on February 8th, 2010 because there wasn’t anything on the agenda.

Respectfully Submitted,
Rose Williams, Secretary

TOWN OF LEXINGTON PLANNING BOARD
MARCH 9TH, 2010

Chairman Robert Hermance called the regular monthly meeting to order on March 9th, 2010 at the Lexington Municipal Building, 3542 Route 42, followed by the pledge of allegiance to the American Flag.

Planning Board Members present were Chairman Robert Hermance, Ralph Albino, Susan Constable, Taris Charysyn, William Pushman, Carl Davis, and Edwin Dippold, Jr.

Others present were Monica Piccinini, Supervisor Greg Cross, Code Enforcement Officer James Boyle, and Rose Williams, Secretary.

Minutes

Edwin Dippold, Jr. made a motion to accept the minutes of the meeting held on (No Meeting for February - 2010) January 12, 2010, seconded by Susan Constable.
Vote: Hermance-aye, Constable-aye, Dippold-aye, Albino-aye, Pushman-aye, Charysyn-aye, and
Davis- aye. Carried.

Piccinini / Graham Minor Subdivision – Vanucchi Associates (Surveyor)
                                                                     Parcel #178.00-2-15 (68.017)
                                                                     30 Wolff Road / Off Spruceton Road

            The Piccinini & Graham Minor Subdivision was finalized on September 21, 2009 by the Town of Lexington Planning Board and the notice of the recording of the Subdivision Plat with the Greene County Clerk, Michael Flynn was done on October 1, 2009.
            Monica Piccinini was present and was representing her family regarding Lot 1 of the minor subdivision for the 14.422 acres. She came before the Planning Board because she wanted a variance for the fifty foot right-of-way because the fifty foot right-of-way comes to close to the edge of the porch.
            Chairman Hermance said that he received the “Area Variance Standard” from Attorney Tal Rappleyea to help make a determination, and asked the Planning Board Members to read the memo.
Chairman Robert Hermance said that it was his understanding that the road would never be turned over to the town for a town road, but even though there is a fifty foot right-of-way, they would like it to be a thirty foot right-of-way if the Planning Board could issue them a variance.
           Chairman Hermance said that he would like it to be put in writing, so that if it was ever subdivided in the future ---- that the road or the right-of-way could never become a town road.
Piccinini / Graham Minor Subdivision – Continued

And if a variance was granted --- a new set of maps and mylar would be needed to update and correct the new right-of-way. They would like the thirty foot right-of way because they would like to build onto the porch of the house, and the fifty foot right-of-way interferes with that.
The Planning Board members discussed the variance and what they would be willing to allow for a variance.

Taris Charysyn made a motion to give a variance for a 16 feet right-of-way in Lot #1 along the driveway pending documentation from the owners Aunt Sharon Graham, saying that she has no objection to the sixteen foot right-of-way because she was the other party agreeing to the original subdivision, seconded by Ralph Albino.

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

Chairman Robert Hermance said that after the letter from Sharon Graham is received, he will approve the variance and inform Monica Piccinini that everything is in order, so that the new maps and mylar can be made up by Vanucchi Associates for signing by him. The amended maps will need to be filed in Greene County.

Lexington Hotel –– Special Use Permit -- Parcel # 127.20-2-11

            Chairman Robert Hermance said that he received an e-mail from Scott Griffin saying that he was unable to attend the meeting because of a family illness.
            Supervisor Greg Cross said that Attorney Tal Rappleyea has tried several times to set up the escrow account but it was to no avail. Supervisor Cross went on to say that it is the Town Boards position at this point; that until he does something in good faith --- they will not be appointing a deputy code enforcement officer because the Town Board acted seven months ago in good faith to get him started and there has been no progress. Prior to the Town Board appointing a deputy code enforcement officer, something needs to be done in good faith to uphold his side of the Special Use Permit because essentially at this point – he has not done what he said he was going to do..
            Chairman Hermance and Deputy Chairman Albino feel that the deputy code enforcement officer has to be someone that is really qualified and able to follow through on the project because it is quite an elaborate plan that is coming before the Planning Board.
            Supervisor Cross asked about the advertisement for the newspaper for the help wanted ad for the Deputy Code Enforcement Officer and it will be going into next week’s paper --- The Windham Journal.
            More discussion was held.
            It was decided that Chairman Robert Hermance would compose a letter to Scott Griffin telling him that the escrow account needs to be established because the town is trying to get a trained person for a deputy code enforcement to oversee the projects.
            Supervisor Greg Cross said that any of the cost involved in any of the properties while Jim Boyle is Code Enforcement Officer for the town --- Scott has agreed to pay, so between the two lawyers, they will be setting up an agreeable amount, and Supervisor Cross said that he did not know what that number would be.
            Chairman Robert Hermance will write a letter, which will be e-mailed to Scott Griffin and also sent by registered return receipt mail to him through his Attorney, Mitchell P. Heaney.

James Boyle / Address the Board

James Boyle, Code Enforcement Officer, addressed the Planning Board by saying thanks for the approval of the Minor Subdivision for the Smith property. James Boyle also went on to say that he was here last January and there was a lot of talk about anonymous callers making complaints about the Smith Subdivision along with other complaints. And, Mr. Boyle wanted to tell the Board that there were no complaints at the closing and he had received a letter two days after the Board Meeting from Attorney Larry Gardner, saying that the seller, Agnes Smith, wanted the closing as soon as possible, which followed on the next Friday. James Boyle said that he was now the new owner of the property and it all went well, and nobody was sued.

Correspondence

Chairman Robert Hermance received a letter from the Resident Engineer, John Izzo, from the New York State Dept. of Transportation in reference with the DOTs role in reviewing projects that have frontage along or access to a State highway, where they would like to comment on the site plan during the review process and have the planning board require that those concerns are addressed in the approved site plan. The letter will be on file at the Town Clerk’s office for any review.

Training will be held -   Wednesday, March 24th, 2010 from 6 to 9 pm @ H-T High School
                                        customized mapping application - Call Michelle Yost to confirm:
   589-6871
New Lap Top Computer   The Planning Board Members said they would like to have a lap top
                                            computer so they could use it at the meetings to bring up maps and
                                            etc.

Adjourn

Taris Charysyn 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