Town of Lexington,NY - Board Minutes


Board Meeting Town of Lexington Planning Board July 8, 2008 Chairman, Glenn Howard called the regular monthly meeting of the Town of Lexington Planning Board to order on July 8, 2008 at the Lexington Municipal Building, Route 42, followed by the pledge of allegiance to the American Flag. Planning Board Members present were Chairman Glenn Howard, Susan Constable, Ralph Albino, Robert Hermance, Edwin Dippold, and Greg Cross. Absent was Taris Charysyn. Others present were Rose Williams, Secretary, Brett Byrne, and Dr. Wayne Maben, Minutes Ray Albino had a question on what the time frame was to subdivide a parcel of land that was previously subdivided by the Town of Lexington Planning Board --- is it a lot counting law that the Town Board passed --- Chairman Howard explained it: He said that it was unconstitutional to tell somebody that they cannot subdivide their property, but when they go past the four lot threshold before three years is up --– then they would have to go through a major subdivision – which is part of the subdivision law. They all agreed. Accept Minutes Ralph Albino made a motion to accept the minutes of the regular meeting held on June 10, 2008, seconded by Susan Constable. Vote: Howard-Aye, Albino-Aye, Constable-Aye, Cross–Aye, Dippold-aye, and Hermance –aye. Carried. Absent was Charysyn. Byrne Minor Subdivision --- Parcel #109.00-2-93 – County Rt. 23C (Sketch Plan) 15.99 +/- acres Lot #1 = 5 +/- acres Lot #2 = 11 +/- acres Brett Byrne said that he purchased his sixteen acres in February of 2005, and his land surveyor, Bruce Maben, had drawn up the maps which he showed to the Planning Board Members. Brett Byrne explained that they thought it was best to include road frontage with the parcel, and go through what was called the lane that went up into the back piece of property which followed the old stone walls. Mr. Byrne said they discussed having a right-of-way instead of the driveway along the entrance, but went with the driveway. The Planning Board members discussed the narrow area at the entrance and looked up what was said in the Zoning Law under Driveways ---- “§ 5.13 Driveways, A. Driveways on lots with more than 100 feet or more of road frontage shall be set back at least 20 feet from side lot lines, except that common driveways may occupy any part of a side yard adjoining the lot of another user of the common driveway. On lots with less than 100 feet of frontage, no side yard setback shall be required. Driveways shall be a minimum of 16 feet wide to accommodate emergency vehicles.” The Planning Board members discussed the law and what it meant. Mr. Byrne was told that he had an option of being turned down by the Planning Board and then go to the Z.B.A for a variance for the width of 26 feet at the narrow part in the road, and the other option would be to move the line over to allow for the 56 foot width on the road, so the road would be 16 feet wide with 20 feet on each side. They also discussed leaving the lot below as it is and having a thirty or forty foot right-of-way --- whatever would be sufficient. Planning Board Member Edwin Dippold said that if one runs aerial wires, you would need fifteen foot on either side, but with twenty six feet --- it was going to be tight getting anything up through there. And if one runs into problems, then one would need variances for Central Hudson. Further discussion was held, and Planning Board Member, Edwin Dippold, thought that the original driveways plans had sixteen feet and so much for shoulders because you don’t have room to get ditches in, and shoulders should be at least five feet, and then where is the utilities going to be. Chairman Howard said that they had to go by the zoning law, and they needed 56 feet. Brett Byrne asked the Board if they would rather see the line moved to accommodate the 56 feet or see a right-of-way through the lower part of the property. They all agreed that the best way would be to move the property line on the survey map to make the road width 56 feet. Sketch Plan Approval Robert Hermance made a motion to grant sketch approval for the minor subdivision of Brett Byrne where parcel 109.00-2-93 of 16 +/- acres would be subdivided into two parcels where a lot would be 4 +/- acres and the larger parcel of 11 +/- acres would have a driveway with at least a 56 foot width, seconded by Edwin Dippold, Jr. Vote: Howard-Aye, Albino-Aye, Constable-Aye, Cross–Aye, Dippold-aye, and Hermance –aye. Carried. Absent was Charysyn. Chairman Howard said that the next meeting for the Byrne Minor Subdivision would be for Preliminary Plat Approval – August 12th, 2008 at 7:30 PMp Dr. Wayne Maben --- Discuss his Property on Airport Road /Ct. Rt. 23C Parcel #109.00-1-20 --- 150 Acres Parcel #109.00-2-1 ----- 346 Acres Parcel #109.00-2-23 --- 119 Acres Dr. Wayne Maben said that he would like to know the initial process that he needs to go through to set up a recreational park and camp ground on his property off of Airport Road. He had aerial photographs to show the board, and would like to put approximately 30 acres into a campsite area, and an 18 hole golf coarse in another area where it is flatter. The golf course would be on both sides of the road. Chairman Glenn Howard said that the town would have to issue a Special Use Permit from the Town of Lexington Planning Board. Chairman Howard read from the regulations what had to be done to get a Site Plan Review done with the Planning Board. A discussion was held regarding the commercial use. Mr. Maben was told that he would need to contact NYS DEC and NYC DEP to make sure of their regulations, and they would probable need to have certain things done with their guidance and supervision. The Planning Board Members also told Mr. Maben that he would need an engineer for the project, and the Planning Board Members said that they would help him in any way that they could. Further discussion was held. Resigning the maps Robert Hermance said that he called Ed Diamante from the Greene County Planning Board to see who he could contact legally to find out about the resigning of the subdivision maps that were not filed within the required time. Mr. Diamante said that he should call the state council office who is a group of lawyers that handle all the towns’ questions regarding the regulations and etc. Therefore, Robert Hermance talked to a Tasha Philips, and explained to her what had happened, where people came before the Planning Board and did a minor subdivision, but the maps were not filed with the County in the required length of time. Robert Hermance told her that the Planning Board resigned the maps with the new date and wanted to know if that was the correct thing to do. Ms. Philips said that the Planning Board should have an affidavit written up and given to the Town Board so that the time frame could be extended to cover themselves. The affidavit should be sworn to by the sub divider that they didn’t make any changes to the map between the final approval date and the present time (when the resigning was taking place) Further discussion was held, and some thought that the minor subdivision should be started over, while others thought that the affidavit would work o.k. A discussion was held on whether the Planning Board should tell the sub divider that they needed to file the survey map within a required time of sixty days with the Greene County Clerk in Catskill. Chairman Howard said that he would like to have someway to make sure that the subdivision maps have been filed with Greene County Clerk. Chairman Howard also felt that if the sixty days laps and no map filing was done, it should be looked at on a case by case situation because it might have been a hardship --- the reason that it wasn’t filed. Then, if it was a good enough reason, then have them sign an affidavit stating no changes were made to the maps, so one can continue with the re-signing and re-dating of the maps. Chairman Howard said that he would write up an affidavit that could be used when maps need to be updated and resigned. Adjourn Susan Constable made a motion to adjourn the meeting, seconded by Robert Hermance. Everyone agreed. Chairman Howard adjourned the meeting. Respectfully submitted. Rose Williams, Secretary Town of Lexington Planning Board

Board Meeting

Town of Lexington Planning Board

July 8, 2008

Chairman, Glenn Howard called the regular monthly meeting of the Town of Lexington Planning Board to order on July 8, 2008 at the Lexington Municipal Building, Route 42, followed by the pledge of allegiance to the American Flag.

            Planning Board Members present were Chairman Glenn Howard, Susan Constable, Ralph Albino, Robert Hermance, Edwin Dippold, and Greg Cross. Absent was Taris Charysyn.

            Others present were Rose Williams, Secretary, Brett Byrne, and Dr. Wayne Maben,

Minutes

Ray Albino had a question on what the time frame was to subdivide a parcel of land that was previously subdivided by the Town of Lexington Planning Board --- is it a lot counting law that the Town Board passed --- Chairman Howard explained it: He said that it was unconstitutional to tell somebody that they cannot subdivide their property, but when they go past the four lot threshold before three years is up --– then they would have to go through a major subdivision – which is part of the subdivision law. They all agreed.

Accept Minutes

Ralph Albino made a motion to accept the minutes of the regular meeting held on June 10, 2008, seconded by Susan Constable.

Vote: Howard-Aye, Albino-Aye, Constable-Aye, Cross–Aye, Dippold-aye, and Hermance –aye.
Carried. Absent was Charysyn.

Byrne Minor Subdivision --- Parcel #109.00-2-93 – County Rt. 23C (Sketch Plan)
                                                                                15.99 +/- acres
                                                                                 Lot #1 = 5 +/- acres
                                                                                 Lot #2 = 11 +/- acres

            Brett Byrne said that he purchased his sixteen acres in February of 2005, and his land surveyor, Bruce Maben, had drawn up the maps which he showed to the Planning Board Members. Brett Byrne explained that they thought it was best to include road frontage with the parcel, and go through what was called the lane that went up into the back piece of property which followed the old stone walls. Mr. Byrne said they discussed having a right-of-way instead of the driveway along the entrance, but went with the driveway.
            The Planning Board members discussed the narrow area at the entrance and looked up what was said in the Zoning Law under Driveways ---- “§ 5.13 Driveways,   A. Driveways on lots with more than 100 feet or more of road frontage shall be set back at least 20 feet from side lot lines, except that common driveways may occupy any part of a side yard adjoining the lot of another user of the common driveway. On lots with less than 100 feet of frontage, no side yard setback shall be required. Driveways shall be a minimum of 16 feet wide to accommodate emergency vehicles.”
            The Planning Board members discussed the law and what it meant. Mr. Byrne was told that he had an option of being turned down by the Planning Board and then go to the Z.B.A for a variance for the width of 26 feet at the narrow part in the road, and the other option would be to move the line over to allow for the 56 foot width on the road, so the road would be 16 feet wide with 20 feet on each side. They also discussed leaving the lot below as it is and having a thirty or forty foot right-of-way --- whatever would be sufficient.   Planning Board Member Edwin Dippold said that if one runs aerial wires, you would need fifteen foot on either side, but with twenty six feet --- it was going to be tight getting anything up through there. And if one runs into problems, then one would need variances for Central Hudson.   Further discussion was held, and Planning Board Member, Edwin Dippold, thought that the original driveways plans had sixteen feet and so much for shoulders because you don’t have room to get ditches in, and shoulders should be at least five feet, and then where is the utilities going to be.
            Chairman Howard said that they had to go by the zoning law, and they needed 56 feet. Brett Byrne asked the Board if they would rather see the line moved to accommodate the 56 feet or see a right-of-way through the lower part of the property.   They all agreed that the best way would be to move the property line on the survey map to make the road width 56 feet.

Sketch Plan Approval

Robert Hermance made a motion to grant sketch approval for the minor subdivision of Brett Byrne where parcel 109.00-2-93 of 16 +/- acres would be subdivided into two parcels where a lot would be 4 +/- acres and the larger parcel of 11 +/- acres would have a driveway with at least a 56 foot width, seconded by Edwin Dippold, Jr.

Vote: Howard-Aye, Albino-Aye, Constable-Aye, Cross–Aye, Dippold-aye, and Hermance –aye.
Carried. Absent was Charysyn.

Chairman Howard said that the next meeting for the Byrne Minor Subdivision would be for Preliminary Plat Approval – August 12th, 2008 at 7:30 PMp

Dr. Wayne Maben --- Discuss his Property on Airport Road /Ct. Rt. 23C
                                    Parcel #109.00-1-20 --- 150 Acres
                                    Parcel #109.00-2-1 ----- 346 Acres
                                    Parcel #109.00-2-23 --- 119 Acres

            Dr. Wayne Maben said that he would like to know the initial process that he needs to go through to set up a recreational park and camp ground on his property off of Airport Road. He had aerial photographs to show the board, and would like to put approximately 30 acres into a campsite area, and an 18 hole golf coarse in another area where it is flatter. The golf course would be on both sides of the road.
            Chairman Glenn Howard said that the town would have to issue a Special Use Permit from the Town of Lexington Planning Board. Chairman Howard read from the regulations what had to be done to get a Site Plan Review done with the Planning Board.
A discussion was held regarding the commercial use.
Mr. Maben was told that he would need to contact NYS DEC and NYC DEP to make sure of their regulations, and they would probable need to have certain things done with their guidance and supervision.   The Planning Board Members also told Mr. Maben that he would need an engineer for the project, and the Planning Board Members said that they would help him in any way that they could.    Further discussion was held.

Resigning the maps

            Robert Hermance said that he called Ed Diamante from the Greene County Planning Board to see who he could contact legally to find out about the resigning of the subdivision maps that were not filed within the required time. Mr. Diamante said that he should call the state council office who is a group of lawyers that handle all the towns’ questions regarding the regulations and etc.   Therefore, Robert Hermance talked to a Tasha Philips, and explained to her what had happened, where people came before the Planning Board and did a minor subdivision, but the maps were not filed with the County in the required length of time. Robert Hermance told her that the Planning Board resigned the maps with the new date and wanted to know if that was the correct thing to do. Ms. Philips said that the Planning Board should have an affidavit written up and given to the Town Board so that the time frame could be extended to cover themselves. The affidavit should be sworn to by the sub divider that they didn’t make any changes to the map between the final approval date and the present time (when the resigning was taking place)    Further discussion was held, and some thought that the minor subdivision should be started over, while others thought that the affidavit would work o.k. A discussion was held on whether the Planning Board should tell the sub divider that they needed to file the survey map within a required time of sixty days with the Greene County Clerk in Catskill.
            Chairman Howard said that he would like to have someway to make sure that the subdivision maps have been filed with Greene County Clerk. Chairman Howard also felt that if the sixty days laps and no map filing was done, it should be looked at on a case by case situation because it might have been a hardship --- the reason that it wasn’t filed.   Then, if it was a good enough reason, then have them sign an affidavit stating no changes were made to the maps, so one can continue with the re-signing and re-dating of the maps.
            Chairman Howard said that he would write up an affidavit that could be used when maps need to be updated and resigned.

Adjourn

Susan Constable made a motion to adjourn the meeting, seconded by Robert Hermance.
Everyone agreed.

Chairman Howard adjourned the meeting.

Respectfully submitted.

Rose Williams, Secretary
Town of Lexington
Planning Board