Barbara Lee Property – Moore Road Charles and Carol Lent – Cemetery Road
CLERMONT PLANNING BOARD
NOVEMBER 11, 2009
The Clermont Planning Board held its regular meeting on Wednesday, November 11, 2009 at 7:30 P.M. at the Town Hall. Present were Chairman Laurence Saulpaugh, Nancy Sperry, Clayton Andrus, Aldo Dusman, Tom Jantzen, Garret O'Connor and Jennifer Phillips. Board member Brenda Case was absent. Also present was Daniel Kane, Harry Hill, Norris Lee, Charles Lent, Robert Desmond, George Schmitt of Morris Associates and Andy Howard, Town Attorney
A motion was made to accept the minutes of the October meeting by Garret O’Connor, seconded by Nancy Sperry. All in favor. So carried.
LEE PROPERTY: Norris Lee, representing herself and her brother, on the subdivision of 65 acres from a 159.50-acre parcel on Moore Road. Also present were Daniel Kane and Harry Hill for Ms. Lee. At the October meeting, the board requested a survey map and an old survey has been brought in this month, however, it does not agree with the deed descriptions.
The deed description on the westerly side corresponds to the 65-acre piece on the west side of Moore Road. There is a reference to easement in deed on the eastern piece of property. There are no buildings or wetlands located on the 65-acre parcel. A percolation test has been done and the health department is calling for an above ground system. There is adequate road frontage on Moore Road on the westerly piece.
Chairman Saulpaugh asked our attorney about above ground system and if we can accept the health department letter that it is possible to located a system on the property. It should be noted on map that it is possible to put a system on the property but it has to be engineered and approved by an engineer. Two tax map lots are going to be created but a survey needs to be filed with the county clerk’s office and real property tax service.
Monahan Title Company and Attorney Al Trezza have told the applicant that it is filed map.
The parcel is presently not considered two separate parcels because it is one tax parcel. In order to separate and have two distinct parcels, they would need to survey the parcel.
Andy suggested to speak to surveyor to see if they can take what is otherwise proof that this is filed and have a survey filed based upon this map. They can qualify this map based on the deed descriptions. They can essentially take this survey and re-date it currently and say they have not done a field survey of the parcel.
A survey map has to be filed with the County Clerk’s office and Real Property Tax Service. There is no map on file at the County Clerk’s office according to the applicant.
It was left that the applicant should talk to a surveyor to qualify this map.
CHARLES AND CAROL LENT: The applicants are proposing a subdivision and boundary line change on ten acres on the south side of Cemetery Road. The new lot created would be 4.034 acres for his son. The boundary line change would be approximately 25 feet on the boundary line on the west to be annexed to the Viewmont Cemetery Association. A notation should be made on the map that the numbered parcel is being conveyed to the Cemetery. They will need a driveway permit for the fifty-foot right of way. The percolation test has been done and the Health Department is coming to the site. The board requested parcel numbers on the map, notation about Cemetery parcel, notation on access parcel, which will be merged with Lot #1. A public hearing will be scheduled for December 9th at 7:30 P.M.
Garret O’Connor asked for our attorney’s interpretation of the parcels on both sides of the roads. Andy stated that there is language that would allow this. This is a subdivision of land. The road frontage was not definitively noted on the survey although it is in the deed. The map was a survey of Clermont Farms done many years ago not just the Lee property. They are seeking to sell this property and it is going to be in question. There is a mechanism to subdivide this lot.
A motion was made to adjourn by Nancy Sperry, seconded by Clayton Andrus at 8:50 P.M. All in favor. So carried.
Respectfully submitted,
Mary Helen Shannon
Secretary