Board Meeting
September 9, 2008
Chairman Glenn Howard called the regular monthly meeting to order on September 9, 2008 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, Taris Charysyn, Ralph Albino, Susan Constable, Robert Hermance, Edwin Dippold, Jr., Greg Cross.
Others present were Attorney Larry Gardner, Brett Byrne, Paul Van Valkenburgh, Donald Dillport, and Rose Williams, Secretary.
Minutes
Gregg Cross made a motion to accept the minutes of the meeting held on August 12, 2008 after making the minor corrections in spelling, seconded by Ralph Albino.
Vote: Howard-aye, Hermance-aye, Constable aye, Dippold-aye, Albino-aye, Cross-aye,
Charysyn-aye. Carried.
Sainato to D’Angelo – Take 3 acres from: #144.00-1-39 (Sainato)
and add to: #143.00-3-15 (D’Angelo) (Neighbors)
The question was asked, did the Planning Board need to do a Sketch Approval at the last meeting, and Chairman Glenn Howard said that Mr. D’Angelo was told to go ahead and do what he needed to do by getting a survey map of the area for the parcel (3 acres) to be conveyed to his parcel, so that a lot line adjustment could be done.
Planning Board Member Susan Constable said that she had another questions, and she wanted to know if Willy Sainato knew about the three acres that was being conveyed from his property to his neighbor’s parcel of D’Angelo. Mr. D’Angelo is the power of attorney, and Rose Williams, secretary, said that she knew they were related, but felt pretty confident that William (Willy) Sainato knew that this transaction was taking place.
Correspondence -- Received a letter inviting the Planning Board members to a Educational
Community Open House that the Greene County IDA is sponsoring. The
open House will begin at 7:00 PM and take place at the Windham Town
Hall on Monday, September 15.
Correspondence – Received a letter from Lorman Education Services regarding the Zoning,
Subdivision and Land Development Law on October 31, 2008 at
Poughkeepsie, NY. The letter is on file if anyone wishes to attend.
Close Regular Meeting
Taris Charysyn made a motion to close the regular meeting of the Town of Lexington Planning Board and go to the Public Hearing scheduled for the Byrne Minor Subdivision, seconded by Susan Constable. Time: 7:44 pm
Vote: Howard-aye, Hermance-aye, Constable aye, Dippold-aye, Albino-aye, Cross-aye,
Charysyn-aye. Carried.
Chairman Howard opened the Public Hearing for the Byrne Minor Subdivision.
Public Hearing – 7:45 PM --- Byrne Minor Subdivision – Cty. Rt. 23C
Chairman Glenn Howard opened the Public Hearing at 7:45 pm and asked the public if anyone had any comments or questions regarding the Byrne Minor Subdivision.
No response from the public.
Close Public Hearing
Robert Hermance made a motion to close the Public Hearing and return to the regular scheduled meeting of the Town of Lexington Planning Board, seconded by Edwin Dippold, Jr.
Vote: Howard-aye, Hermance-aye, Constable aye, Dippold-aye, Albino-aye, Cross-aye,
Charysyn-aye. Carried.
Chairman Howard reopened the regular meeting. Time: 7:46 pm
Byrne Minor Subdivision -- #109.00-2-93 – County Route 23C – Final Plat Approval
15.99 +/- Acres – First Parcel = 11.424 Acres
Second Parcel = 4.567 Acres
Brett Byrne gave the final map to the Planning Board Members to review. The file was in order and all the adjoining land owners were notified by certified return receipt mail of said hearing.
Chairman Howard called for a motion to grant final approval of the minor subdivision for Brett Byrne.
Final Approval – Byrne Minor Subdivision
Robert Hermance made a motion to grant final approval of the Byrne Minor Subdivision of Parcel # 109.00-2-93 for Brett Byrne, where one parcel would be 11.424 acres, and the other parcel would be 4.567 acres, seconded by Susan Constable.
Vote: Howard-aye, Hermance-aye, Constable aye, Dippold-aye, Albino-aye, Cross-aye,
Charysyn-aye. Carried.
Chairman Glenn Howard gave the expense bill for the publication that was put in the Windham Journal for the pubic hearing notice and letters that were sent to the adjoining land owners regarding the public hearing to Brett Byrne for payment, which had an amount due of $43.44. Brett Byrne made payment of the bill and Chairman Glenn Howard signed the 5 maps and mylar.
Brett Byrne said that he would file the maps at the Greene County Clerk’s Office within the sixty (60) day time frame.
Correspondence – Marilyn Hoppenfeld
Chairman Glenn Howard received a letter from Marilyn Hoppenfeld, which he read into the record. The letter was in reference to the Dillport / Wells Minor Subdivision which is on file in the Town Clerk’s file.
Chairman Glenn Howard asked for a motion to close the regular meeting and go to the public hearing for the Dillport / Wells Minor Subdivision that was scheduled for 8:55 pm.
Close Regular Meeting / Go to Public Hearing
Taris Charysyn made a motion to close the regular meeting of the Town of Lexington Planning Board, and go to the Public Hearing which was advertised for 7:55 pm in the Windham Journal for September 9, 2008, seconded by Ralph Albino. Time: 7: 55 pm
Vote: Howard-aye, Hermance-aye, Constable aye, Dippold-aye, Albino-aye, Cross-aye,
Charysyn-aye. Carried.
Public Hearing – 7:55 PM – Dillport & Wells to NYC DEP Minor Subdivision.
Chairman Glenn Howard opened the Public Hearing for the Dillport / Well Minor Subdivision and asked the public if there were any comments or questions.
Attorney Larry Gardner presented the latest survey map to the Planning Board Members for their review.
Marilyn Hoppenfeld said that she had reviewed the survey map and found that Deyoe Road was wrong on the map. Planning Board Members looked at the map and agreed with Ms. Hoppenfeld --- that it was wrong. A discussion was held. The Gravel Road (aka Logging Road) should be labeled Deyoe Road and the Deyoe Road should be labeled the Gravel Road (aka Logging Road) ---- Switch the two names around on the map to correct the map. Further discussion was held.
Paul Van Valkenburgh said that he had questions around the cemetery, but they had been addressed and corrected. Paul Van Valkenburgh also said that the parcel that was believed to be land locked – was not land locked because it has a foot path right-of-way.
A discussion was held about the pile of rocks painted yellow, which was on the map; and the survey line on the THEW map did not go to the pile of rocks. A discussion was held because the Planning Board Members felt that there was a discrepancy between the NYS DEC survey and the new survey done by THEW Associates. The Planning Board Members believed that the line should be drawn to the pile of painted yellow rocks to make it correct, so therefore Attorney Larry Gardner will contact THEW Associates to see if he can get it correct or get an explanation.
Chairman Howard asked if there were any more questions for the Dillport / Wells Minor Subdivision, and Marilyn Hoppenfeld said that she wanted to discuss the water around her foundation, but Chairman Howard said that the only comments that were being addressed at that time was comments regarding the Minor Subdivision that was on the agenda.
No more questions were asked and no comments were made.
Close the Public Hearing
Robert Hermance made a motion to close the Public Hearing for the Dillport / Wells Minor Subdivision and go back to the regular meeting of the Town of Lexington Planning Board, seconded by Taris Charysyn.
Vote: Howard-aye, Hermance-aye, Constable aye, Dippold-aye, Albino-aye, Cross-aye,
Charysyn-aye. Carried.
Chairman Glenn closed the public hearing and reopened the regular meeting.
Dillport to NYCDEP Minor Subdivision – Parcel # 160.00-2-34 – Spruceton Rd.
69 Acre Parcel – Dillport / Wells
324 Acre Parcel – NYC DEP
Final Approval
The Planning Board members discussed whether any of the property that NYC DEP was buying was in the hamlet area. The Board decided that none of the property that was being bought was in the hamlet area. There was a Zoning Map for the hamlet and a NYC DEP Map for the hamlet, which were reviewed.
A discussion was held regarding the survey line at the top of the mountain --- the line did not agree with the NYS DEC line – the pile of rocks painted yellow. Chairman Howard asked the Planning Board Members what there feelings were regarding the survey line to the pile of rocks. The Planning Board Members felt that they need to approve the line and make sure that it was correct. Therefore, the Planning Board wanted the surveyors, THEW Associates, to explain or certify the line that was being disputed. The NYS marker was the pile of rocks painted yellow. Mr. Dillport said that he was only selling the numbers that was on his deed and nothing more, and his surveyor used the numbers from the deed. More discussion was held.
Attorney Larry Gardner said that the Planning Board was not responsible for the accuracy of the survey –-- which he felt was between the surveyors. The Planning Board Members didn’t see it that way, and they thought that the survey map should be correct or corrected if needed before there final approval was given.
The Planning Board would like the following done before final approval:
- 1. Have Deyoe Road and the Gravel Road labeled correctly.
- 2. Correct or explain the survey line at the top of the mountain --- where the survey line doesn’t meet the pile of yellow rocks (NYS Marker)
Chairman Glenn Howard did a survey on what the members felt:
Taris Charysyn said that he would like an outside opinion on why the map is drawn up in that way, and would accept a personal certification from the original surveyor of why his points are missing the pile of rocks.
Edwin Dippold said that he felt the back survey line should agree --- didn’t matter to him what surveyor did the verification.
Robert Hermance said that he would go along with what Edwin Dippold said.
Susan Constable said that she agreed and thought the line should be correct.
Greg Cross said that he thought that the line to the yellow pile of rocks should jibe, and be the same on both maps.
Ralph Albino said that he thought the stone pile, the Gravel road, and Deyoe Road should all be corrected on the map, and agree with the deed.
There was a discussion about getting a new surveyor to re-survey the line that is in dispute. Next, Attorney Larry Gardner asked to be allowed to bring in a certification from a license surveyor to verify the line. More discussion was held.
Larry Gardner will return next month with his findings for final approval of the Dillport Minor Subdivision.
Marilyn Hoppenfeld said that she had a situation regarding her property and wanted to address the Planning Board. They listened and Chairman Howard said that they could not help her and it wasn’t a Planning Board problem.
Budget
Chairman Glenn Howard had the Budget letter, which asked that Planning Board Members what they would like in a line for an increase for their pay. A discussion was held the Planning Board members agreed that they would like whatever the Town Board would be doing for the others.
Adjourn
Ralph Albino made a motion to adjourn the meeting, seconded by Taris Charysyn. Everyone agreed.
Chairman Glenn Howard adjourned the meeting.
Respectfully submitted,
Rose Williams, Secretary
Town of Lexington
Planning Board