Town of Lexington,NY - Board Minutes


Board Meeting April 13, 2010 Chairman, Robert Hermance called the regular monthly meeting of the Town of Lexington Planning Board to order on April 13, 2010 at the Lexington Municipal Building, Route 42, followed by the pledge of allegiance to the American Flag. Planning Board Members present were Chairman Robert Hermance, Susan Constable, Edwin Dippold, Jr., Ralph Albino, Robert Hermance, Carl Davis and William Pushman. Others present were Rose Williams, Secretary, Tal Rappleyea - Attorney for the Town, and Scott Griffin. Minutes Ralph Albino made a motion to accept the minutes of the regular meeting held on March 9, 2010, seconded by William Pushman. Vote: Hermance-Aye, Albino-Aye, Constable-Aye, Davis-Aye, Charysyn-Aye, Pushman-Aye, and Dippold-Aye. Carried. Piccinini / Graham Minor Subdivision The Planning Board received their letter from Susan Graham confirming that it was alright to change Piccinini / Graham Minor Subdivision where they wanted a variance for a fifty foot right of way because the original right of way came to close to the edge of the porch. Therefore, after receipt of the letter, Chairman Robert Hermance signed the new maps and mylar which made the change that was approved by the Town of Lexington Planning Board. Lexington Hotel – Parcel # 127.20-2-11 – Special Use Permit Chairman Robert Hermance said that this meeting was for the review of the Special Use Permit for the Lexington Hotel and the Town Board needs an agreement with the town for the money to go into the escrow account. Scott Griffin said that he owed Attorney Tal Rappleyea an apology because he got his two lawyers mixed up in his mind and thought the delay in the escrow account was because he was waiting to hear from Tal, but his attorney told him that was not the case. Mr. Griffin went on to say that the delay was his and he accepted full responsibility for that and was sorry that he was mistaken. Scott Griffin went on to say that the delay in the project was because he has severed ties with their contractor, Glenn Leisching, and he is now trying to get his contractor in the city to come up here and take on the job, but he is busy in the city so he was not available yet and that has caused the delay. Mr. Griffin said that he was totally planning on going forward with the project, but there were two things he would like in return for this. He said that he would normally have his attorney deal with the town’s attorney, but to save everyone time -- he wanted to bring it up. Scott Griffin said that since there was going to be considerable extra cost for them--- he would like any money that is paid or spent be credited against any permitting fees or other things on behalf of the town so they don’t have to pay a duplicate amount for services that any other citizen or taxpayer is given free of charge. Mr. Griffin went on to say that he knew that the situation was out of his control and he was happy to front the money in advance for any permits they apply for, but would like it credited against whatever permits they apply for. He went on to say that he didn’t think he needed a decision at the present time, but wanted to let you know what was on his mind. Scott Griffin said that the number two thing, which would be very helpful to him does not bear a direct cost, but just before the purchase of the hotel, James Boyle took an action whether independently or as a representative of the town that has caused them considerable trouble and a considerable expense already. Scott Griffin said that he was not looking for the town to cover the expense, but Jim wrote a letter as Town Code Officer to the Board of Health before he purchased the hotel informing them that he as the town code officer had condemned the hotel making it unfit for human habitation, which has cause them excessive amounts of money in terms of engineers, filing of requirements for the Board of Health, and other various things to get the necessary paper work in order because the building had been condemned only to learn that there had been no court ruling on the condemnation of the building – that Jim as an independent person had taken action to declare the building condemned and he had no such authority or authorization to do that without the courts agreement. Scott Griffin went on to say that he would like the town to send a letter to the Board of Health and anyone else that Jim had issued a letter to stating erroneously that he had condemned the building and correcting the fact that Jim lacked authorization to make such an issuance --- stating that the building is not condemned and requesting that whatever grandfather leases or licenses they had prior to the erroneous condemnation be reinstated at the towns request. Chairman Hermance said that he thought that the Town Board should be addressing the letter and concerns. Scott Griffin said that he wanted to say that he had a feeling and he thought that he knew what happened --- so to make it clear that no one was acting in bad faith --- he said that he was sure that when Phil Cohen was here, and the situation was a nightmare and everyone was pulling their hair out to figure out how to deal with this guy that was running this horrendous operation ---- he was sure that Jim thought that it would scared Phil Cohen by doing that. More discussion was held. Chairman Hermance asked Attorney Tal Rappleyea if the letter could be something that he could address, and he answered yes, but not until he follows up with Supervisor Greg Cross. Mr. Griffin said that his attorney is hard to get in touch with right now, and if something is needed, give him a call or e-mail him. Chairman Robert Hermance asked Scott Griffin if he has a representative for him and his answer was no. Chairman Hermance went on to say that if he does in the future, would he please verify it in writing when you designate anyone to act on your behalf. He agreed that he would. Six Month Review Scott Griffin was asked about his six month review, and he said that he was without a contractor right now, but was thinking of using the contractor that he has now in the city. Mr. Griffin said that he would not be in this country until the second week in June, but hopes to get something worked out after that where he can start something. Escrow Account Planning Board Member Carl Davis said that if the two items mentioned are taken care of, how long would it be before the escrow account could be set up? Scott Griffin said that he could hand draft a notice that night pending approval of things and he could fund that check tomorrow for the escrow account. Attorney Tal Rappleyea answered that he would work on the agreement and get things moving along. August Meeting The Planning Board Members agreed to have Scott Griffin come back to their August Meeting, which will be held on August 10, 2010 @ 6:30 PM. Adjourn Meeting Taris Charysyn made a motion to adjourn the meeting, seconded by William Pushman. All Agreed. Chairman Robert Hermance adjourned the meeting. Respectfully submitted, Rose Williams, Secretary

Board Meeting
April 13, 2010

Chairman, Robert Hermance called the regular monthly meeting of the Town of Lexington Planning Board to order on April 13, 2010 at the Lexington Municipal Building, Route 42, followed by the pledge of allegiance to the American Flag.

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

Others present were Rose Williams, Secretary, Tal Rappleyea - Attorney for the Town, and Scott Griffin.

Minutes

            Ralph Albino made a motion to accept the minutes of the regular meeting held on March 9, 2010, seconded by William Pushman.

Vote: Hermance-Aye, Albino-Aye, Constable-Aye, Davis-Aye, Charysyn-Aye, Pushman-Aye, and
         Dippold-Aye. Carried.

Piccinini / Graham Minor Subdivision

The Planning Board received their letter from Susan Graham confirming that it was alright to change Piccinini / Graham Minor Subdivision where they wanted a variance for a fifty foot right of way because the original right of way came to close to the edge of the porch. Therefore, after receipt of the letter, Chairman Robert Hermance signed the new maps and mylar which made the change that was approved by the Town of Lexington Planning Board.

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

            Chairman Robert Hermance said that this meeting was for the review of the Special Use Permit for the Lexington Hotel and the Town Board needs an agreement with the town for the money to go into the escrow account.

            Scott Griffin said that he owed Attorney Tal Rappleyea an apology because he got his two lawyers mixed up in his mind and thought the delay in the escrow account was because he was waiting to hear from Tal, but his attorney told him that was not the case.   Mr. Griffin went on to say that the delay was his and he accepted full responsibility for that and was sorry that he was mistaken.

            Scott Griffin went on to say that the delay in the project was because he has severed ties with their contractor, Glenn Leisching, and he is now trying to get his contractor in the city to come up here and take on the job, but he is busy in the city so he was not available yet and that has caused the delay.   Mr. Griffin said that he was totally planning on going forward with the project, but there were two things he would like in return for this. He said that he would normally have his attorney deal with the town’s attorney, but to save everyone time -- he wanted to bring it up.

            Scott Griffin said that since there was going to be considerable extra cost for them--- he would like any money that is paid or spent be credited against any permitting fees or other things on behalf of the town so they don’t have to pay a duplicate amount for services that any other citizen or taxpayer is given free of charge. Mr. Griffin went on to say that he knew that the situation was out of his control and he was happy to front the money in advance for any permits they apply for, but would like it credited against whatever permits they apply for. He went on to say that he didn’t think he needed a decision at the present time, but wanted to let you know what was on his mind.
            Scott Griffin said that the number two thing, which would be very helpful to him does not bear a direct cost, but just before the purchase of the hotel, James Boyle took an action whether independently or as a representative of the town that has caused them considerable trouble and a considerable expense already.   Scott Griffin said that he was not looking for the town to cover the expense, but Jim wrote a letter as Town Code Officer to the Board of Health before he purchased the hotel informing them that he as the town code officer had condemned the hotel making it unfit for human habitation, which has cause them excessive amounts of money in terms of engineers, filing of requirements for the Board of Health, and other various things to get the necessary paper work in order because the building had been condemned only to learn that there had been no court ruling on the condemnation of the building – that Jim as an independent person had taken action to declare the building condemned and he had no such authority or authorization to do that without the courts agreement.

Scott Griffin went on to say that he would like the town to send a letter to the Board of Health and anyone else that Jim had issued a letter to stating erroneously that he had condemned the building and correcting the fact that Jim lacked authorization to make such an issuance --- stating that the building is not condemned and requesting that whatever grandfather leases or licenses they had prior to the erroneous condemnation be reinstated at the towns request.

Chairman Hermance said that he thought that the Town Board should be addressing the letter and concerns.

            Scott Griffin said that he wanted to say that he had a feeling and he thought that he knew what happened --- so to make it clear that no one was acting in bad faith --- he said that he was sure that when Phil Cohen was here, and the situation was a nightmare and everyone was pulling their hair out to figure out how to deal with this guy that was running this horrendous operation ---- he was sure that Jim thought that it would scared Phil Cohen by doing that.
            More discussion was held.

            Chairman Hermance asked Attorney Tal Rappleyea if the letter could be something that he could address, and he answered yes, but not until he follows up with Supervisor Greg Cross.

Mr. Griffin said that his attorney is hard to get in touch with right now, and if something is needed, give him a call or e-mail him.

Chairman Robert Hermance asked Scott Griffin if he has a representative for him and his answer was no. Chairman Hermance went on to say that if he does in the future, would he please verify it in writing when you designate anyone to act on your behalf. He agreed that he would.

Six Month Review

Scott Griffin was asked about his six month review, and he said that he was without a contractor right now, but was thinking of using the contractor that he has now in the city. Mr. Griffin said that he would not be in this country until the second week in June, but hopes to get something worked out after that where he can start something.

Escrow Account

Planning Board Member Carl Davis said that if the two items mentioned are taken care of, how long would it be before the escrow account could be set up? Scott Griffin said that he could hand draft a notice that night pending approval of things and he could fund that check tomorrow for the escrow account. Attorney Tal Rappleyea answered that he would work on the agreement and get things moving along.

August Meeting

The Planning Board Members agreed to have Scott Griffin come back to their August Meeting, which will be held on August 10, 2010 @ 6:30 PM.

Adjourn Meeting

Taris Charysyn made a motion to adjourn the meeting, seconded by William Pushman. All Agreed.

Chairman Robert Hermance adjourned the meeting.

Respectfully submitted,

Rose Williams, Secretary