Town of Lexington,NY - Planning Board Minutes


Planning Board Meeting AUGUST 14, 2007 Chairman, Glenn Howard called the regular monthly meeting to order on August 14, 2007 at the Lexington Municipal Building, 3542 Route 42, followed by the pledge of allegiance to the American Flag. Planning Board Members present were Chairman Glenn Howard, Robert Hermance, Taris Charysyn, Edwin Dippold, Jr., Ralph Albino and Susan Constable. Absent was Robert Cross, Jr. Others present were Land Surveyor, William Higgins; Daniel Fancher from RETTEW Engineering, Diane Clarke Maklae, Joe Remley, and Rose Williams, Secretary. MINUTES Edwin Dippold made a motion to accept the minutes of the regular meeting held on July 10, 2007, seconded by Taris Charysyn. Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye, Albino-aye. Carried. Absent was Robert Cross, Jr. Begej Minor Subdivision – Odarka & Eustachy Begej = Across from Mahoney Beech Ridge Road # 1 = # 144.00-1-3 – 121.10 Acres 5.322 Acres with house being subdivided. Preliminary Plat Approval Land Surveyor, William Higgins, was representing Odarka & Eustachy Begej. Mr. Higgins showed and explained the survey maps to the Planning Board Members. The parcel being subdivided would have 375 feet for the road frontage on Beech Ridge Road #1 (North Beech Ridge Road) and go back 880 feet to the back for 5.322 acres. The parcel would have a house, and a well and septic that was located on the map. The file consisted of the following: 1. Completed Application – fee of 175.00 was paid on 3/19/07 2. Sketch Map of Property 3. List of Adjoining property owners 4. Minutes of 2/13/2007; 3/13/2007; and 5/8/2007 5. Copies of paid tax bills 6. Survey Map of Minor Subdivision / Surveyor - Wm Higgins The Planning Board members reviewed the survey map and noted that it had the contour lines, easements, a well, a septic, location of the house, and any right-of ways. The Planning Board thought that everything was in order, so Chairman Howard asked for a motion to give preliminary plat approval for the Begej Minor Subdivision. Taris Charysyn made a motion to grant Preliminary Plat Approval for the Minor Subdivision of parcel # 144.00-1-3 where Lot # 1 would be 5.322 acres, and Lot #2 would be the remaining acreage of 115 +/- acres, seconded by Edwin Dippold. Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye, Albino-aye. Carried. Absent was Robert Cross, Jr. Chairman Glenn Howard said that a Public Hearing would be held at 7:40 PM on September 11, 2007. Secretary Rose Williams will send certified return receipt letters to the adjoining land owners for their notification and put the Public Hearing Notice in the local newspaper. Surveyor, William Higgins, said that he would bring in the deeds, mylar, and maps to the next meeting for final approval from the Planning Board. Edwin Dippold, Jr. excused himself from taking part in the meeting at 7:38 PM at this point because it would be a conflict for him to comment on his mother’s minor subdivision. Dippold Minor Subdivision – Alice Dippold -- Parcel 161.00-1-38 – Preliminary Plat Approval Spruceton Road (County Rt. 6) Minor Subdivision – Lot # 1 = 8.294 acres with house Lot # 2 = 100 +/- acres with barn The Planning Board Members reviewed the maps that were presented by Edwin Dippold Jr. on behalf of his mother. Chairman Howard asked if there was any discussion on the Minor Subdivision. Planning Board Member Taris Charysyn asked where the driveway was going to go because it was not shown on the map. Edwin Dippold said that it was not a road and that it was only a driveway and wasn’t sure where it would be going permanently. More discussion was held on the driveway. Chairman Howard said that in his opinion, the driveway couldn’t be put on the map if they are not sure where it will be when a house is built. Planning Board Member Susan Constable said that she didn’t have a problem with it as long as it wasn’t going next to the boundary line of the next lot. Chairman Howard asked the Code Enforcement Officer James Boyle if he would have to find out where the driveway would be going when they apply for a building permit, and he agreed. The file consisted of the following: 1. Completed Application – fee of 150.00 was paid on 7/10/07 2. Sketch Map of Property 3. List of Adjoining property owners 4. Minutes of 7/10/2007 – Sketch Plan Approval 5. Survey Map of Minor Subdivision / Surveyor – Robert G. Cross Ralph Albino made a motion to grant Preliminary Plat Approval for a Minor Subdivision of the Dippold Property, Parcel # 161.00-1-38 where Lot # 1 would be 8.294 Acres, and Lot # 2 would be 100+/- acres, seconded by Susan Constable. Vote: Howard-Aye, Dippold-Abstain, Charysyn-Nay, Hermance-Aye. Constable-Aye, Albino-Aye. (Aye – 4, Nay – 1, Abstain – 1) Carried. Absent was Robert Cross, Jr. A Short EAF needs to be completed for the next meeting. A Public Hearing will be scheduled meeting for the next meeting of September 11, 2007 at 7:50 PM. The secretary will send letters to the adjoining landowners with a return receipt. Weisenberger Minor Subdivision – Spruceton Road - Parcel # 177.00-1-17 RETEW Surveying / Margaretville -- Sketch Plan Lot # 1 = 1.5 +/- acres with house & barn Lot # 2 = 78 +/- acres, vacant land across Rd. Daniel Fancher from RETTEW Engineering was representing the Wiesenberger Minor Subdivision. He displayed his survey map for the minor subdivision to the Planning Board Members where Lot # 1 would be 1.5 acres with a house and barn, and Lot #2 across the road would be 78 +/- acres. He said that they wanted to utilized the use of the road and use the road as the natural boundary to subdivide the property. The house and barn on the smaller acreage is under contract for sale contingent on subdivision approval. And the vacant land on the south side Weisenberger Minor Subdivision (Continued) of Spruceton Road is under contract of sale (to the Nature Conservancy) contingent on subdivision approval. Chairman Glenn Howard said that the Planning Board would have to turn down the request because the 1.5-acre of Lot # 1 would become a substandard lot. Therefore, the Planning Board had to refer the lot size to the Zoning Board of Appeals for a variance because it would be a sub-standard lot, which is under the required three acres in the rural residential area. Chairman Howard said that after approval from the Zoning Board of Appeals ---- it could then be brought back to the Planning Board for their process for the minor subdivision. Edwin Dippold made a motion to refer the substandard lot size to the Zoning Board of Appeals for a variance, seconded by Robert Hermance. Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye, Albino-aye. Carried. Absent was Robert Cross, Jr. A Town of Lexington Planning Board Referral Form was completed and sent to the Zoning Board of Appeals for the variance that they need. Diane Clarke Maklae --Special Use Permit --Parcel # 160.00-1-41 Permit to have a Kennel on property Diane Clarke Maklae said that she raises Burmese Mountain Dogs, and has been certified to use them for therapy, show them at the AKC, and breed one or two of them. Ms. Maklae said that she keeps them on her property, and they don’t leave the property. She went on to say that she would like a kennel permit because she don’t know at any given time --- how many dogs she will have. The size of her kennel is 12’ by 18’. She said that she had a previous kennel license, but let it laps because she didn’t have dogs at one point. Chairman Howard asked if the dogs stayed outside in the wintertime, and Diane Maklae answered that they are in the house in the winter, and further commented that the dogs are in the house every night and never run free. Chairman Glenn Howard asked if they were barkers, and Diane Maklae answered that they were not barkers, but if you come in the house and they didn’t know you, then they would probable bark. Planning Board Member Edwin Dippold asked her how many dogs she would have at any one given time, and the answer was --- under ten dogs. The completed application was presented to the Planning Board along with the fee of $100. Edwin Dippold made a motion to grant a Special Use Permit to allow Diane Clarke Maklae to have a Kennel on her property, Parcel #160.00-1-41, seconded by Ralph Albino. Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye, Albino-aye. Carried. Absent was Robert Cross, Jr. Chairman Glenn Howard signed and dated the Special Use Permit to allow Diane Clarke Maklae to have a kennel on her property. Echo Valley Motel – Special Use Permit – Route 23A -Parcel # 127.00-2-14 Joe Remley, Manager Permit to build and sell Mini-Barns Joe Remley, manager of the Echo Valley Motel, said that he would like to build Mini Barns, and supplied a sketch of the property and where it would be done along Route 23A. It would be in the open field at the left of the Motel, as you are facing it. Mr. Remley explained what the barns would be that he planned on building, and be made out of rough lumber, but the lumber would not be done there --- it would be brought in. Tools that would be needed were a circular Special Use Permit -- Continued saw, compressor air gun, hammer and etc. The exit and entrance to the existing driveway would be used (the one going in and out of the motel.). Further discussion was held on the Special Use Permit. Chairman Glenn Howard asked how soon they would like to start the business and he said that he would like to start in around two weeks, and he was also asked if the neighbors in that area are mostly weekenders, and he said they were, but they were quite a ways away. Chairman Howard said that it could be reviewed in one year, and be abandoned at that time if doesn’t work out. Ralph Albino made a motion to grant a Special Use Permit to allow Joe Remley to construct and sell mini barns on Parcel #127.00-2-14, seconded by Edwin Dippold. Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye, Albino-aye. Carried. Absent was Robert Cross, Jr. Chairman Glenn Howard signed and dated the Special Use Permit to allow Joe Remley to construct and sell mini barns on Parcel #127.00-2-14 Adjourn the meeting Taris Charysyn made a motion to adjourn the meeting, seconded by Edwin Dippold, Jr. All Agreed. Chairman Glenn Howard closed the meeting of the Town of Lexington Planning Board. Respectfully Submitted, Rose Williams, Secretary Town of Lexington Planning Board

Planning Board Meeting

AUGUST 14, 2007

Chairman, Glenn Howard called the regular monthly meeting to order on August 14, 2007 at the Lexington Municipal Building, 3542 Route 42, followed by the pledge of allegiance to the American Flag.

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

Absent was Robert Cross, Jr.

Others present were Land Surveyor, William Higgins; Daniel Fancher from RETTEW Engineering, Diane Clarke Maklae, Joe Remley, and Rose Williams, Secretary.

MINUTES

Edwin Dippold made a motion to accept the minutes of the regular meeting held on July 10, 2007, seconded by Taris Charysyn.

Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye,

Albino-aye. Carried. Absent was Robert Cross, Jr.

Begej Minor Subdivision – Odarka & Eustachy Begej = Across from Mahoney

Beech Ridge Road # 1 = # 144.00-1-3 – 121.10 Acres

5.322 Acres with house being subdivided.

Preliminary Plat Approval

Land Surveyor, William Higgins, was representing Odarka & Eustachy Begej. Mr. Higgins showed and explained the survey maps to the Planning Board Members. The parcel being subdivided would have 375 feet for the road frontage on Beech Ridge Road #1 (North Beech Ridge Road) and go back 880 feet to the back for 5.322 acres. The parcel would have a house, and a well and septic that was located on the map.

The file consisted of the following:

1. Completed Application – fee of 175.00 was paid on 3/19/07

2. Sketch Map of Property

3. List of Adjoining property owners

4. Minutes of 2/13/2007; 3/13/2007; and 5/8/2007

5. Copies of paid tax bills

6. Survey Map of Minor Subdivision / Surveyor - Wm Higgins

The Planning Board members reviewed the survey map and noted that it had the contour lines, easements, a well, a septic, location of the house, and any right-of ways. The Planning Board thought that everything was in order, so Chairman Howard asked for a motion to give preliminary plat approval for the Begej Minor Subdivision.

Taris Charysyn made a motion to grant Preliminary Plat Approval for the Minor Subdivision of parcel # 144.00-1-3 where Lot # 1 would be 5.322 acres, and Lot #2 would be the remaining acreage of 115 +/- acres, seconded by Edwin Dippold.

Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye,

Albino-aye. Carried. Absent was Robert Cross, Jr.

Chairman Glenn Howard said that a Public Hearing would be held at 7:40 PM on September 11, 2007. Secretary Rose Williams will send certified return receipt letters to the adjoining land owners for their notification and put the Public Hearing Notice in the local newspaper.

Surveyor, William Higgins, said that he would bring in the deeds, mylar, and maps to the next meeting for final approval from the Planning Board.

Edwin Dippold, Jr. excused himself from taking part in the meeting at 7:38 PM at this point because it would be a conflict for him to comment on his mother’s minor subdivision.

Dippold Minor Subdivision – Alice Dippold -- Parcel 161.00-1-38 – Preliminary Plat Approval

Spruceton Road (County Rt. 6)

Minor Subdivision – Lot # 1 = 8.294 acres with house

Lot # 2 = 100 +/- acres with barn

The Planning Board Members reviewed the maps that were presented by Edwin Dippold Jr. on behalf of his mother. Chairman Howard asked if there was any discussion on the Minor Subdivision. Planning Board Member Taris Charysyn asked where the driveway was going to go because it was not shown on the map. Edwin Dippold said that it was not a road and that it was only a driveway and wasn’t sure where it would be going permanently. More discussion was held on the driveway.

Chairman Howard said that in his opinion, the driveway couldn’t be put on the map if they are not sure where it will be when a house is built. Planning Board Member Susan Constable said that she didn’t have a problem with it as long as it wasn’t going next to the boundary line of the next lot. Chairman Howard asked the Code Enforcement Officer James Boyle if he would have to find out where the driveway would be going when they apply for a building permit, and he agreed.

The file consisted of the following:

1. Completed Application – fee of 150.00 was paid on 7/10/07

2. Sketch Map of Property

3. List of Adjoining property owners

4. Minutes of 7/10/2007 – Sketch Plan Approval

5. Survey Map of Minor Subdivision / Surveyor – Robert G. Cross

Ralph Albino made a motion to grant Preliminary Plat Approval for a Minor

Subdivision of the Dippold Property, Parcel # 161.00-1-38 where Lot # 1 would be 8.294 Acres, and Lot # 2 would be 100+/- acres, seconded by Susan Constable.

Vote: Howard-Aye, Dippold-Abstain, Charysyn-Nay, Hermance-Aye. Constable-Aye,

Albino-Aye. (Aye – 4, Nay – 1, Abstain – 1) Carried. Absent was Robert Cross, Jr.

A Short EAF needs to be completed for the next meeting.

A Public Hearing will be scheduled meeting for the next meeting of September 11, 2007 at 7:50 PM. The secretary will send letters to the adjoining landowners with a return receipt.

Weisenberger Minor Subdivision – Spruceton Road - Parcel # 177.00-1-17

RETEW Surveying / Margaretville -- Sketch Plan

Lot # 1 = 1.5 +/- acres with house & barn

Lot # 2 = 78 +/- acres, vacant land across Rd.

Daniel Fancher from RETTEW Engineering was representing the Wiesenberger Minor Subdivision. He displayed his survey map for the minor subdivision to the Planning Board Members where Lot # 1 would be 1.5 acres with a house and barn, and Lot #2 across the road would be 78 +/- acres. He said that they wanted to utilized the use of the road and use the road as the natural boundary to subdivide the property. The house and barn on the smaller acreage is under contract for sale contingent on subdivision approval. And the vacant land on the south side

Weisenberger Minor Subdivision (Continued)

of Spruceton Road is under contract of sale (to the Nature Conservancy) contingent on subdivision approval.

Chairman Glenn Howard said that the Planning Board would have to turn down the request because the 1.5-acre of Lot # 1 would become a substandard lot. Therefore, the Planning Board had to refer the lot size to the Zoning Board of Appeals for a variance because it would be a sub-standard lot, which is under the required three acres in the rural residential area. Chairman Howard said that after approval from the Zoning Board of Appeals ---- it could then be brought back to the Planning Board for their process for the minor subdivision.

Edwin Dippold made a motion to refer the substandard lot size to the Zoning Board of Appeals for a variance, seconded by Robert Hermance.

Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye,

Albino-aye. Carried. Absent was Robert Cross, Jr.

A Town of Lexington Planning Board Referral Form was completed and sent to the Zoning Board of Appeals for the variance that they need.

Diane Clarke Maklae --Special Use Permit --Parcel # 160.00-1-41

Permit to have a Kennel on property

Diane Clarke Maklae said that she raises Burmese Mountain Dogs, and has been certified to use them for therapy, show them at the AKC, and breed one or two of them. Ms. Maklae said that she keeps them on her property, and they don’t leave the property. She went on to say that she would like a kennel permit because she don’t know at any given time --- how many dogs she will have. The size of her kennel is 12’ by 18’. She said that she had a previous kennel license, but let it laps because she didn’t have dogs at one point. Chairman Howard asked if the dogs stayed outside in the wintertime, and Diane Maklae answered that they are in the house in the winter, and further commented that the dogs are in the house every night and never run free. Chairman Glenn Howard asked if they were barkers, and Diane Maklae answered that they were not barkers, but if you come in the house and they didn’t know you, then they would probable bark. Planning Board Member Edwin Dippold asked her how many dogs she would have at any one given time, and the answer was --- under ten dogs.

The completed application was presented to the Planning Board along with the fee of $100.

Edwin Dippold made a motion to grant a Special Use Permit to allow Diane Clarke Maklae to have a Kennel on her property, Parcel #160.00-1-41, seconded by Ralph Albino.

Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye,

Albino-aye. Carried. Absent was Robert Cross, Jr.

Chairman Glenn Howard signed and dated the Special Use Permit to allow Diane Clarke Maklae to have a kennel on her property.

Echo Valley Motel – Special Use Permit – Route 23A -Parcel # 127.00-2-14

Joe Remley, Manager

Permit to build and sell Mini-Barns

Joe Remley, manager of the Echo Valley Motel, said that he would like to build Mini Barns, and supplied a sketch of the property and where it would be done along Route 23A. It would be in the open field at the left of the Motel, as you are facing it. Mr. Remley explained what the barns would be that he planned on building, and be made out of rough lumber, but the lumber would not be done there --- it would be brought in. Tools that would be needed were a circular

Special Use Permit -- Continued

saw, compressor air gun, hammer and etc. The exit and entrance to the existing driveway would be used (the one going in and out of the motel.). Further discussion was held on the Special Use Permit.

Chairman Glenn Howard asked how soon they would like to start the business and he said that he would like to start in around two weeks, and he was also asked if the neighbors in that area are mostly weekenders, and he said they were, but they were quite a ways away.

Chairman Howard said that it could be reviewed in one year, and be abandoned at that time if doesn’t work out.

Ralph Albino made a motion to grant a Special Use Permit to allow Joe Remley to construct and sell mini barns on Parcel #127.00-2-14, seconded by Edwin Dippold.

Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye,

Albino-aye. Carried. Absent was Robert Cross, Jr.

Chairman Glenn Howard signed and dated the Special Use Permit to allow Joe Remley to construct and sell mini barns on Parcel #127.00-2-14

Adjourn the meeting

Taris Charysyn made a motion to adjourn the meeting, seconded by Edwin Dippold, Jr. All Agreed.

Chairman Glenn Howard closed the meeting of the Town of Lexington Planning Board.

Respectfully Submitted,

Rose Williams, Secretary

Town of Lexington

Planning Board