Public hearing held for long-standing lot-line application

NORTH EAST — Janet and William Kalba, residents of the town of North East, appeared before the Planning Board on Wednesday, Aug. 24, for a public hearing on their lot-line adjustment application. Their request applies to the Kalbas’ residence and surrounding property at 39 Bud Lane; it’s a matter they’ve been pursuing on and off for decades, according to Janet Kalba. “[Highway Superintendent] Robert Stevens has been to our road several times already,” said Janet Kalba. “This has a history of 50 years.”Last week the board reviewed maps presented by the pair; it also discussed both a letter it had received from Attorney to the Town Warren Replansky, as well as suggestions made by the Town Board.“The recommendation from the Town Board is it would like this to be referred to the town engineer before they’ll approve an open development area,” said Planning Board Chairman Dale Culver. “I don’t have any issues referring [the town engineer to look at your driveway]. It will confirm if it’s at the [appropriate] levels for emergency workers to use, so I believe we should refer it to our engineer.”“It will be covered by their escrow account … so I don’t understand why it’s required,” said Planning Board member Chip Barrett. “Why can’t we save them their money and have the highway department do it?”It was asked if there is a licensed engineer at the town’s highway department, because, it was stated, there’s a difference between getting an opinion from a professional engineer and a highway worker.“If it’s a matter of dealing with grading, road cuts, materials or width of roads ­— those are all stuff our highway department looks at all the time,” Barrett said. “I don’t think there’s anything wrong with having our highway guys look at it. In the grand scheme of things it’s not bad to try to minimize costs.”“Is this the kind of thing we can get the county to look at for nothing?” asked Planning Board member David Shapiro.The answer was no, as the road is a private one, even though it extends off a state road.“Let’s ask the Kalbas what they prefer, because if I were the applicant I would prefer an engineer,” said Planning Board member Leslie Farhangi. The pair was pensive and didn’t reply immediately.Shapiro then said he didn’t believe the town has specifications for private roads. Town Planner Will Agresta said he believes because there are no specifications, the standards for private roads defer to those set for public roads.“Public roads have to be paved, for example, with 15-foot shoulders,” said Planning Board member Bill Kish. “I don’t think that’s what we want.”“The piece we’re trying to reach agreement on is to reach the open-development zone,” Culver said. “We have to reach approval of the private road to meet the minimum standards to grant approval for the open-development zone.”It was suggested the board ask Millerton Fire Department Chief Jason Watson what he prefers.Janet Kalba said that for the many years she’s been on that mountain, the public road has been wide.“It’s not a major thing,” she said about the roadway, adding the town’s attorney said the problem truly arises if the intention is to make a lot-line change. “Is that true that we’re causing more problems for ourselves?”“Yes,” said Shapiro.“It’s interesting, because what we talked about here is the issue of the road. By making the lot-line adjustment while some of the lots don’t conform to current code, some are brought closer to compliance,” Culver said. “It isn’t 100 percent to what the Planning Board would want if new, but because it’s so old, what you’re doing brings it closer to what we want.”The territory is not zoned for 1-acre lots. Agresta said that lot size is not grandfathered for building permits.Culver tried to explain the situation clearly.“By getting an open development zone it makes every lot you have buildable, and I think one of the things you said was you wanted neighbors, and we’re trying to eliminate the roadblock of having lots that are not buildable,” he said. “We’ve come to a fork in the road and you have to take it.”He said the next move is for the applicants to get a rendering on the specifications of the road. The next two steps the Planning Board can take are to send a letter to the highway department for its assistance or to refer the matter to the engineer, which will cost the applicants money.Agresta noted the highway department may not want to take on the project.The Kalbas said they prefer to forward the issue to the town engineer, Ray Jurkowski. The board said it will need $1,500 in the escrow account to cover costs. It will send a letter to the Town Board informing it of its actions.Meanwhile, the Planning Board is going to look into standards for private roads. According to Agresta, eight years ago the county’s planning department put out recommendations for rural road specifications, which the town can refer to for guidance. Neither the county nor the state have any standards regarding private roads. “It’s a conundrum we face all the time that we want standards, but nobody has ever created them,” Culver said. With that the discussion ended, but the board decided to continue the public hearing so it could extend its timeline and allow for the engineer’s review and other work. The hearing will continue on Wednesday, Sept. 14. Once the hearing is closed the town will have 120 days to tie up the matter.

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