Planning Board - Regular Meeting

Well, I'm gonna

live. All right, we are live. Yes. Okay. All right. So, um, welcome to the town of Rex River Planning Board meeting for Thursday, April 16th. Um, just to start off the meeting, I'd like to recite the pledge, please standyice for all.

All right, we'll now commence the meeting. Uh, we've got three uh topics on the agenda tonight. So, the approval of the April 2nd, 2026 minutes, center line communications public hearing in the Dolce Mulch minor subdivision pre-application and then we'll adjourn the meeting. Does everyone have an opportunity to review the minutes from the April 2nd meeting? Yes.

Okay. Then I'll accept a motion to approve the minutes to approve minutes by Dorothia. Second by Anna. All in favor? I oppose? None. Motion carried. Okay. So, now we'll move on to the public hearing tonight. So, um you did we have all of the mailers back?

Um we only had one inquiry, the only public person because the other two are hike preserve and the carry. Um, and he just wanted to make sure they weren't going higher or wider, and he was fine once I explained everything that was going on. Okay. All right. Good. All right. Um, so if you just like to give us a refresher for anyone that's watching uh and for the board on what we're doing for the public hearing tonight, that'd be great. Here's what AT&T is proposing. They'll upgrade their equipment on the existing tower. Okay.

Um 12 of antennas still not going to be extended higher and the footprint is not going to be. Okay. So, it's just essentially just upgrading equipment on the network. Okay.

All right. Good. Um so, before we open the public hearing, I'd like to review the rules for the audience. I'll read over everything here. There is a fivem minute time limit. If they wish to speak during the public hearing, there will be a warning at the four-minute mark. Submit additional comments in writing to the planning board. When speaking, please state your name and address for the record. Only speak during your turn at the microphone. No outside group discussions. One turn per person to speak on the board. Uh no donation or aggregation of time from others. Address comments to the board, not to the applicant or audience. Speak slowly, loudly, and clearly. No foul language or swearing, no insulting, offensive, or threatening remarks or behavior. There will be no discussion between the public and the applicant of the board. There will be no response to your questions or comments during the hearing. So, I will now accept a motion to open the public hearing at 7:03 p.m. for the center line communications for use permit. Make a motion.

Nation by Carol. Second. Second by Dominic. All in favor? I oppose. None. Motion carries. One minute. Good. I don't anticipate. Okay. Any comments?

Okay. Okay. We didn't have any other written comments. Just what you had you had said, Claire. Okay. All right. Good. Okay. All right. The application was not referred to the Albany County Planning Board uh final review and a seeker. Therefore, there's no additional comments. Uh I'll ask the board if there's any questions for the applicant at this point.

No. No. Okay. Um if no, I will close the public hearing at 7:05. Uh, make a show a motion. Motion. Motion by Donic. Second. Second by Anna. All in favor? I oppose. None. Motion carried. Okay. So, now we can move on to the next uh item. Vote to approve it. Oh, I'm sorry.

Remind the board that this is an eligible facilities request. law governing our actions here and the operative language is that the local board shall approve this eligible facilities request so long as it's not enlarging the structure and we that was confirmed that that is not happening. Okay, good. I will now accept a motion to approve and take final action on the center line communication special use permit. I'll make a motion. Motion by Anna. Second. Second by Dorothia. All in favor? I I none. Motion carries. All right. Thank you. Okay. Now we'll move on to our third.

You're all set. Yes.

Thank you. So you want to let us know. You said you were speaking on behalf. It's a pre-application conference for minor subdivision road total and it's two lots. One name of John Dolce and the other lot is in the name of Paris. So Dolce is across hail road both sides is that one that the two X's

this piece of paper doesn't tell you where the mother parcels are too well this is the result of what will happen after they get the survey done I didn't have the software in my favor today to print out the um the map the way I would have liked to but uh Dolce owns his parcel which is here and then Paris or Parish is on the on road but he's buying Parish's lot he want which is lot two what's that lot is it um parish is two three and four one lot

yeah plus or minus a property line it's this is a very general idea of what's going to But he wants to make lot wants to create lot two and create those three lots over on Kulie. they meet and exceed, you know, the area, the road frontage, lots of road frontages, lots of acreage. There's plenty of room to do this. And then all the remaining is so um pretty much it. There's two lots. It's going to be total of four at the end when it's all done.

So you're creating So where's lot one? Lot is Dolce. Lot one is Dolce. two, three, and four are the abut that he's purchasing. They're not there yet. That's vacant land. So, he's going to create he's going to create two, three, and four. Oh, he's going to create two, three, and four. Yes. But he's creating two, three, and four out of parish property out of the total combined 100. It's like 60 acres plus 30 acres 35, something like that. Ed, he owns the 60 acres and the 30. Tomorrow he's going to own the 30. This is to combine the two and make four as a total of four lots. Be a major though, would it?

I can't hear you. Wouldn't that be a major subdivision? No, because he's only creating two new lots. It's one lot out of the mother of each one of the the mother lots creates one more.

Is it two applications then? Well, I had an interesting conversation with Albony County Real Property because I'm doing exactly this with my property and burn and the planning and they they didn't they they wanted me to merge the two lots before I could subdivide. And I was like, something's not right. That just seems cumbersome and not. So, I called Isabelle. She said, she runs the Albony County Real Property. And I said, "What do we do with this?" You know, what's correct? Us little local municipalities struggle with the words that we've got in our zoning. I said, "Doesn't the subdivision just level the playing field?" And it's the king of processes exceeds all the densities. And she said, "All we need is a subdivision." as we call these we're adding a cumbersome process like these adding these annexation subdivision combos that we we did we never asked Albony County what they want you kind of do two processes where you really don't a subdivision takes care of it just ends it all um it's a new survey map all the new lots are on there and then all the new lot numbers are issued by the creating and trying to do two processes at once is unnecessary. Completely unne that's what I learned. So

it kind of depends what what what the original property lines are. Yeah. So that'll be clear. His next Yeah, I'm a little confused, but it doesn't say that here. Here's what I'm working on. I'm printing stuff like this off my computer today. I I couldn't copy this. By the time I run this through the copier, it's even lighter. But you're creating these four lots out of the 30 he's going to buy today or tomorrow. No, it's a it's a combination of both lots. The 60 and the 30 is going to be one jumbo and then the remaining lands get added to Dolce's mother parcel on Hail Road and then there's two smaller lots off of K.

Where is Hail Road on this map? Right here. This is okay. Is that frontage okay on four? I'm still confused. How are we getting four lots? The survey will guarantee that that's what I need to see. Well, if that Yeah. No, the survey is not here. This is pre-application conference. We don't even have a complete application. We don't have a survey yet. Just want to let you guys know what's coming down the pike. Okay. And what is kind of small? And this parcel number four has 250 ft of road. It will. It has to or he can't do it.

Well, I see that since you don't have any feet and inches on the tiny compared to get it. How are you making what's the process? What's so it happens? What's the next step? So he buys this parcel. He's got this. How does he end up with this? What does he do in between? Because if he annexes this to this, how are you gonna make three lots out of it? Yeah, but he doesn't want to annex it, right? Because this is one lot. I'm pretty sure you said land annexation, which I'm assuming you're going to boundary line adjustment adjustment annexation. They're kind of all one. So you would he would buy these other or this other single parcel, combine it with this.

Yep. In one fell swoop through and then he'd have a total of 100 acres. Correct. And then how are you going to make two, three, and four? plenty of road frontage over there. You're making three new lots, right? Instead of one is that No, one of them is the remaining um the lot that he bought. So, he's going to do a land annexation first essentially and then a subdivision. Correct. I was just I was confused at first. It is confusing. Procedurally, it'll be fine for Albany County. I don't think they're that concerned about this board following its code, but we obviously don't want John to proceed down a path where whatever he does is subject to challenge if someone said, "You guys didn't even follow your own code."

So, I think the county will be fine with however this works out. We just need some clarity on the survey submitted to us showing how this is happening because I think the intent, this is the intent, right? That's the intent. It's just the vehicle about how we get there. Yeah. So, it might be subject to change. It might not be exactly

right. And the issue of how he gets there is if we're going from you can create two lots from one lot. So, if you do that twice, that would be okay for purposes of not being a major subdivision. But if he goes and brings it all into one lot on this first one. Yeah, I don't see it. We're not seeing a major. Yes. Okay. Subject to scrutiny which can't let you do just want to Yeah. I just the order of operations to accomplish it is all I'm trying to figure out for. How do we accomplish it?

That'll be clarified when we get a surve he's going to submit a survey. Yeah, but before he writes the check, he must find out really whether you agree that this is a minor subdivision. I don't we can with the with the mapping that we have. I think we need to see we need more information because it's the chicken and the egg. You know, he's going to go he has to give that surveyor a directive. Here's what I want you to do with my money. And if so nice to have the wants to do a small and then subdivide

could do that. Well, I guess I don't know what what's owned right now by parish or whomever pretty much. Why can't they buy it right now without parish? Parish owns all this up into here plus the green. So work for them just order of operations. We aren't I mean does it say you can do them? You don't want you don't know whenever the test and this is all we're trying to find

that's on the you got two lots and you're going to end up with four. To me, that's a minor subdivision. What how would you like to proceed in? I'm not on the board. No, no, no. But legally, what what um you know what what do you think of the course? We need a survey just and if he there's nothing wrong with the major subdivision. The board can do it.

Yeah. And the board is it has the ability to grant certain waiverss if if necessary based on the facts. Yeah. But if it is two pieces of property going into four lots, that sounds like two minor subs. That would Yeah, because that's why he has written on the top here the two different numbers. But it depends where the lines are and they don't know that. But if you were going to do that, you could not combine both in the beginning. Do a land annexation and then do a subdivision on the other one. Yeah. But even if we were to go down that route, I don't think the land annexation adds much of a hurdle here because it's really just a $250 check, right?

Or applicant. It appears to be accomplishable. It's just a Yeah, we just don't know what the problem is correct until we see the survey. So, it could be a minor, two minors. It It sounds as long as everything we're talking about is how it's going to work out that it would be just two minor subdivisions. But how would you accomplish that? But the lot lines aren't within those mother parcels. They scramble like one over, you know, there's a dividend left over that gets added on to. Do they have real estate attorneys on this?

Uh, sure. And the other parcel he's buying is one parcel. It's not correct. Can that person divide it now? I think it's probably late for that. When is this? It's on the board table somewhere. Checks have been written. Probably should have started. There's no issue with We just need the next step. We need a survey figure out what direction it goes. But it does sound barring some setback, it sounds like this would be the minor subdivisions. But how would you do two two applications? So he would keep this one deed and this one deed cuz how do you can't you can

it's going to be one, right? It's going to be it's going to be one parcel. No, it's going to the one mother parcel is going to get bigger and then two lots are going to come. So how do you do two minor hydro divisions at the same time? What's stopping that from everybody doing that single major? If he's combining this all as one, well, if it gets combined, then we can't Well, the end is to make one. It gets combined, then you're making four parcels instead of just two and it stays separate. Yeah, I'm very confused on that moment. It's a total of just how we're getting there. So, he goes tomorrow, he buys the 30. He's combining them. Yeah. Okay. So, then how does he do two miners if he's not combined? I guess if they're all combined,

right? And if not, what two minors are you gonna So if this is one piece and this is one piece, how what two minor subdivisions are you to make? You're making three. So if you make one subdivision, you're going to knock off one piece. Well, that as one and then you divide it into three. That would not be minor. No, I don't understand the minor aspect of it. I think it's accomplishable. I just think minor is how we're not one either way. Yeah, you can't do two minors at the same time on one piece. And if you only on this, you're only ending up with three parcel, not four, right? So, he should not combine them first. Well, I also don't really know where the property lines are on this. No. Yeah. I just want to get it accomplished the right way.

Yeah. I don't really know. Is John here tonight? No. He was going to be he wanted to introduce you to the new board table. He had that made. Yeah, it's great. Got it. You guys don't want to make a comment on I I get the con the conversation, the discussion, but you want to wait until survey is done. Yeah. I think we'd be more comfortable if we had a survey out

and and not only that, but if it's two two minors, then he doesn't have a single combined big lock. And we need his That's what I'm trying to I mean, I'm And is he combining them at the point of sale? I have no idea. Do you know if he's combining? No. The combination happens right here simultaneous. So, it's the same lightning second that the subdivision happens. It's being combined onto one the same map. correct? Does all the work, does the same job. All we're doing is getting another fee out of the applicant. But there is some combination of property addition to his current property that he has to accomplish.

Yeah. And he's going to do that with a survey and a subdivision application to the planning board. Is it a major or is it a minor? That's all I'm trying to figure out what form to fill out. As it sits like this, I would say a major. I would say, but I don't know if there's an alternative way to do it to make it more effective for him is what I'm getting at. How come he doesn't How come he doesn't divide two lots out of the property he's going to buy and two lots out of the one he has and then it's a minor subdivision? Because that doesn't meet his goals and objectives. He's

so he wants to combine some of the land from one and you're moving it onto his mother parcel. There's a dividend left over. It can't be two minor subdivisions, guys. This is a major in my op. So, if we can't do two minors, then it seems like I don't see how he can be unless he keeps it two separate parts, right? And even then, you're not going to accomplish what he's trying to accomplish. So, I'm confused by it. So, if they do a major, then he has to combine them first and then do a major. That process will happen in front of you. Yes. All in one fell swoop. Yeah. The same night. Combination subdivision happen. No. So what what's what we call it is what we're discussing here. What what do we call what what form to fill out?

He's going to walk out of here at the end with a map a survey and go to county and file it and have four lots. What we what we call this is what we're discussing right now. I agree with Major just based on what we've seen tonight and the little information. I agree. I think it's like safer. That's all I need to know. totally. Now I can tell them which paper to fill out. Okay, good.

But what's it what's the goal of combining the 90 acres and splitting them up four times in what's the what's the I mean that must have an agenda for that for something or you wouldn't combine it and then try to split 90 acres four times. He's going to make two lots out of the road, two new lots there. And the remaining lands are going to go to his. One will be an existing lot on Kulie. There'll be two new lots made on Kulie, and there'll be a chunk of land that'll be remaining after that work that'll be added to John's. So, his parcel will get bigger. I guess I'm not I'm not getting combining it first

because then you're getting a bigger you're getting a 90 acre lot and you want four lots out of that and that's a major subdivision. No, I think it's even more than 100 acres. Well, I'm just using that for so you get 500 acres. I don't care how much you have. If you if you put lots two, three, and four, and the mother lot is in lot one, you're still dividing it more than twice. No, you're only adding two more lots. That's for you guys to discuss.

Okay. I think we're in agreement to major subdivision. So, yeah. Want to keep reading better, Tom? No, you're good. You're good. Okay. So, I think we have his answer. I thank you. All right. You're welcome. Thank you. That's all we got. Okay. Good. Any other questions? No. No. Okay. All right. Good. And he'll probably have you said he's going to get it surveyed now. So, the timeline

Yeah. He's got people on board. So, with all the confusion that we've had tonight, the next paperwork will be in by that Thursday, the Friday. Then then we'll then everybody will have time to review it too before the meeting. It won't be in for a month. Okay. Survey has to be done. No, but I'm saying when the paperwork does come in, it'll be that Friday noon so that we can all review it because there's kind of a lot of confusion. That'll help. Well, I know, but it'll be when we get it, it'll be almost a week's notice, so we'll have time to review it. Okay, good. Good. Okay, good. Anything else?

Okay, no. Go ahead. Okay, cool. I will now accept a motion to adjourn the meeting. Motion. Motion by Dominic. Second. Second by Anna. All in favor? I oppos? None. Motion carries. Thank you. I'm not that smart, but I still don't get it.