SEPTEMBER 11, 2007
Chairman, Glenn Howard called the regular monthly meeting to order on September 11, 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, Robert Cross, Jr., and Susan Constable.
Others present were Land Surveyor, William Higgins; Daniel Fancher from RETTEW Engineering, Attorney Larry Gardner, Surveyor Bruce Maben, Andrew Yachnes, Paul Van Valkenburgh, Odarka & Eustachy Begej, Gene & Pam Truesdell, and Rose Williams, Secretary.
Minutes
Robert Cross, Jr. said that the month of August, 2007 and July, 2007 needed correcting because Edwin Dippold Jr. voted on his own subdivision. (After review, July, 2007 was wrong because it said that Edwin Dippold voted Aye, and it should have been Abstain, and it will be corrected to read: “Dippold – Abstain (Involved) The August, 2007 minutes of the Dippold Minor Subdivision was alright because it said; Dippold – Abstain.
MINUTES
Edwin Dippold made a motion to accept the minutes of the regular meeting held on August 11, 2007, and make the correction in the July, 2007 minutes stating that Dippold-Abstained from voting because he was involved with the Dippold Minor Subdivision, seconded by Robert Hermance
Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye, Cross-aye,
Albino-aye. Carried.
Deyoe – Boundary Line Agreement
Paul Van Valkenburgh represented the Deyoe Family and surveyed the property with Norman Van Valkenburgh, and they discovered that the line between the property of John Enochty and Bruce Deyoe was wrong; therefore, they needed to do a Lot Line Agreement between the two parties. Paul Van Valkenburgh explained it to the Planning Board Members, that both parties had agreed to where the line should be, and an agreement was drawn up for both parties to sign as soon as it is approved by the Planning Board.
Taris Charysyn made a motion to approve the Lot Line Agreement for property located in the village of West Kill between the Estate of Bruce Deyoe and John Enochty, seconded by Robert Hermance.
Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye, Cross-aye,
Albino-aye. Carried.
Begej Minor Subdivision – Public Hearing – 7:40 PM
William Higgins, Land Surveyor for the Begej Minor Subdivision said that he would answer any questions that the public might have.
Close Regular Meeting / Open Public Hearing
Susan Constable made a motion to close the regular meeting and go to the public hearing that was scheduled for 7:40 pm for the Begej Minor Subdivision, seconded by Taris Charysyn.
Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye, Cross-aye,
Albino-aye. Carried.
Public Hearing – Begej Minor Subdivision -- Odarka & Eustachy Begej
Beech Ridge Road # 1 = # 144.00-1-3 – 121.10 Acres
5.322 Acres with house being subdivided.
Chairman Glenn Howard opened the Public Hearing for the Begej Minor Subdivision and asked the public if they had any questions or comments regarding the minor subdivision.
Andrew Yachnes, a neighbor living on Beech Ridge Road next to the property said that he under stood that the property was being subdivide into two parcels, and asked if there was any plans to sell the property.
William Higgins responded by saying that they have 121 acres where they would like to subdivide the house with 5.322 Acres out of the existing parcel.
Andrew Yachnes asked what the purpose of the subdivision was --- are they planning to sell the other property ---- is it being transferred to a new owner – the larger parcel. William Higgins said that he wasn’t sure about there plans. Mr. Yachnes also asked if the larger parcel --- if it would be in someone’s interest to break it down for some future possibility. A discussion was held and Mr. & Mrs. Begej said that they don’t have any plans to develop the land at this time.
Taris Charysyn said that he didn’t think that the gentleman had his questions answered, and Chairman Glenn Howard said that it is the owners legal right to subdivide his property as long as he meets the requirements. Further discussion was held.
Andrew Yachnes said that he was satisfied that they did not have the intention to subdivide further at this time, but wanted to know if the large parcel could be subdivided into five acre parcels in the future. Chairman Howard answered that it would be possible, but it would take a considerable amount of work to do that.
Andrew Yachnes said that he was just trying to get an idea of what was going to happen because he is aware that during the time he has been living here at the place of the former residence of Charles Turk --- there has been an enormous amount of development in and around the area ----- and in the past, all the neighbors cooperated in regard to hunting and etc, and he would like to have that continue.
Chairman Glenn Howard thanked Andre Yachnes for his comments and asked the public if there were any other questions or comments – If not, he needed a motion to close the public hearing.
Close Public Hearing – Begej Minor Subdivision
Edwin Dippold made a motion to close the Public Hearing and reconvene the regular meeting of the Town of Lexington Planning Board, seconded by Susan Constable. Time 7:52 p.m.
Vote: Hermance -Aye, Dippold-Aye, Charysyn-aye, Constable-aye, Cross-aye, Albino-aye.
Carried – Absent: Howard
Back to Regular Meeting
The Planning Board Members reviewed the file for the Begej Minor Subdivision. A fee was needed for the advertisement in the newspaper for the public hearing and the mailing of the letters to the adjoining land owners --- the total was $86.10 and was paid by Begej.
Land Surveyor, William Higgins, was representing the Odarka & Eustachy Begej, and said that house lot that is being subdivided would be 5.322 Acres with the remaining acreage being 115.778. The file consisted of:
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
7. Short Form EAF completed.
Ralph Albino made a motion to grant Final Approval of the Begej Minor Subdivision, where the house lot would be 5.322 acres, and the remaining acreage will be 115.778 acres, seconded by Robert Cross, Jr.
Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye, Cross-aye,
Albino-aye. Carried
Chairman Glenn Howard signed the maps and mylar for filing with the Greene County Clerk.
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 the road
Daniel Fancher from RETTEW Engineering was representing the Estate of Robert Weisenberger in the surveying, and came to the Town of Lexington Planning Board on August 14, 2007, when the Planning Board turned them down for the subdivision because they were creating a sub-standard lot of 1.5 acres in three acre zoning. So therefore, they had to go to the Zoning Board of Appeals to get a variance for the lot size in three acre zoning. The Zoning Board of Appeals had a meeting on August 29, 2007, and approved the lot size. A copy of the Zoning Board Minutes is on file in the folder for reference. Daniel Fancher said that he was hoping that he could get both sketch and preliminary plat approval, so the public hearing could be held next month for final approval.
Chairman Glenn Howard told them that they should find out where the septic and well is on the property. Mr. Fancher said that all the research was done and they still need to do the survey for the property.
The file consisted of:
1. Sketch Map
2. Copy of Zoning Board of Appeals minutes
3. List of the Adjoining Land Owners
4. Referral Form sent to Z. B. A.
5. Minutes of 8/14/2007 Planning Board
6. Completed Application
7. Letter from Attorney regarding subdivision
Robert Cross, Jr. made a motion to grant Sketch Plan Approval for Parcel # 177.00-1-17, the Weisenberger Minor Subdivision, seconded by Ralph Albino.
Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye, Cross-aye,
Albino-aye. Carried.
Susan Constable made a motion to grant Preliminary Plat Approval of the Minor Subdivision for the Estate of Robert Weisenberger, seconded by Robert Cross, Jr.
Vote: Howard-Aye, Dippold-Aye, Charysyn-aye, Hermance-aye. Constable-aye, Cross-aye,
Albino-aye. Carried.
Chairman Howard told Daniel Fancher that he needed to complete a short EAF Form for the next meeting. He would also need five maps and mylar for the next meeting. The Public Hearing for the Estate of Robert Wiesenberger was scheduled for 7:45 PM at the next meeting of October 9th, 2007.
Truesdell Minor Subdivision
Surveyor Bruce Maben said that the Truesdell’s have a problem and it was three years ago (10/12/04) when a minor subdivision was done for them. Then, Surveyor Bruce Maben referred to a stipulation at the bottom of the map which said, “Note: Lots 1A & 1B compiled on map to be added to existing lot of Carole Truesdell (L.789 – Pg.240)” Mr. Maben said that it was suppose to be put together with the lot belonging to Carole Truesdell, but it was never done. Surveyor Bruce Maben said that he has come to the Planning Board to see if they could get the note taken off the map; so that it doesn’t happen. He went on to say that Jay and Gene still own the parcel and that it is still in the estate of Carole Truesdell, which has not been settled yet.
Chairman Howard said that he wasn’t sure it that could be done if it was tied up in the estate yet. One parcel was in the estate and the others weren’t, but Bruce Maben said that it didn’t affect the estate piece if the note was taken off. A discussion was held on why the note was put on the map, and no one could remember why. Chairman Glenn Howard asked how long it was going to be before the estate is settled, and Attorney Larry Gardner said that the parcels are now owned by different entities. The 3.62 +/- acre parcel can stand alone, and the owner is Jay & Gene Truesdell, which can be dealt with separately because they have their own tax map parcel numbers. Chairman Howard said that there was a reason why that note was put on the map, and Surveyor Bruce Maben said that he didn’t know why. Chairman Howard asked who had an interest in a parcel, and Bruce Maben answered that it was still in the estate of Carole Truesdell, and would end up belonging to Jay Truesdell. Attorney Larry Gardner said that the beneficiary of the estate is Jay Truesdell, and he is the sole beneficiary. So, Chairman Howard asked --- then no one will have an interest in the parcel except for Jay Truesdell.
Attorney Gardner said that the existing map with the note on it has been filed in Greene County, so it is a matter of public record. What they would like to do is, is to file a revised map that does not have that note on it, and have it filed in the Court House. A discussion was held on the map that was signed by Pete Torregrossa on 10/12/04.
Chairman Glenn Howard said that he wanted to make sure that no one else would have an interest in the parcel. Attorney Larry Gardner said that Jay Truesdell is the sole beneficiary of of the parcel that belonged to Carole & Jay Truesdell (L. 789 – Page 240) Chairman Howard told Bruce Maben that he could bring a map back with out the note on it, but he wanted to see something in writing that Jay Truesdell is the sole beneficiary of the lot. Attorney Gardner said that he could give the Planning Board a copy of the will. Attorney Gardner said that he would take care of the will part and Bruce Maben could do the new map.
Edwin Dippold made a motion to agree to allow for the making up of a new map with out the stipulation that was on the first one that was signed on 10/12/04, seconded by Robert Hermance, where Lot # 1A and Lot #1B would be separate lots.
Vote: Howard-aye, Hermance-aye, Constable-nay, Cross-abstain, Charysyn-aye, Albino-aye,
Dippold-aye. Carried. Aye-5, Nay-1, Abstain-1.
The Planning Board decided that the fee for the process would be an application fee of $100.00, which was not paid.
Edwin Dippold excused himself from the meeting at 8:33 PM
Dippold Minor Subdivision – Parcel # 161.00-1-38 – Spruceton Road / County. Rt. 6
Public Hearing
Robert Hermance made a motion to close the regular meeting and move to the Public Hearing for the Dippold Minor Subdivision, seconded by Ralph Albino. Time: 8: 35 pm
Vote: Howard-aye, Hermance-aye, Constable-aye, Cross-aye, Charysyn-aye, Albino-aye.
Carried. Aye-6.
Chairman Glenn Howard asked the public if they had any comments or questions. No questions were asked and not comments were made.
Close Public Hearing
Susan Constable made a motion to close the public hearing and return to the regular meeting of the Town of Lexington Planning Board, seconded by Ralph Albino.
Vote: Howard-aye, Hermance-aye, Constable-aye, Cross-aye, Charysyn-aye, Albino-aye.
Carried. Aye-6.
Dippold Minor Subdivision Spruceton Road – Parcel #161.00-1-38
Alice Dippold ---- Lot # 1 = 8.294 Acres with house.
Lot # 2 = 100 +/- Acres with barn.
Final Approval
Chairman Glenn Howard asked if there were any questions from the board, and no one had any.
The file consisted of the following:
1. Competed 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 7/10/07 & 8/14/07 meetings
5. Survey Map of Minor Subdivision / Surveyor – Robert Cross
6. Letters sent to Adjoining Property Owners
7. Return receipts for certified mail
8. Public Hearing Notice
9. Short Form EAF
Robert Hermance made a motion to grant Final Approval of the Dippold Minor Subdivision, where Lot # 1 would be 8.294 acres with a house, and Lot # 2 would be 100 +/- acres, seconded by Ralph Albino.
Vote: Howard-aye, Hermance-aye, Constable-aye, Cross-aye, Charysyn-aye, Albino-aye.
Carried. Aye-6 --- Dippold – Abstained, (Involved)
Chairman Glenn Howard signed the maps and mylar. The fees associated with the mailings and notice in the newspaper will be sent to Edwin Dippold as soon as it is done.
Adjourn
Robert Hermance made a motion to adjourn the meeting, seconded by Robert Cross, Jr..
All Agreed.
Chairman Glenn Howard adjourned the meeting at 8:47 pm
Respectfully submitted,
Rose Williams, Secretary