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Planning board agrees to write letter saying Thruway split created separate parcel; no subdivision approval needed
Summary
Attorney Jerry Jacobowitz told the planning board that the New York State Thruway physically split a parcel before local subdivision rules existed and asked the board to tell the assessor no subdivision approval is required; the board voted to write the letter and carry it to the county assessor.
Attorney Jerry Jacobowitz told the Town of Plattekill Planning Board that a parcel owned by his client, Mr. Brune, had been physically separated by construction of the New York State Thruway decades ago and asked the board to confirm with the assessor that the split did not require current subdivision approval.
Jacobowitz said the right-of-way created by the Thruway left two physically separate pieces that nonetheless shared one tax-map number; his client has a buyer contract for the separated piece and needs the county to assign a separate section-block-lot (SBL) number for closing. Jacobowitz cited the county real-property process and referenced Real Property Actions and Proceedings Law §942 as the mechanism by which an assessor can allocate SBLs when conditions warrant it.
Board members asked whether the town had precedent for treating road-created separations as requiring a lot-line action and debated whether an historical road-created split should be treated as a prior subdivision. The applicant’s attorney said the split predated the planning board’s authority (the board’s enabling date was discussed as April 14, 1969) and argued the parcel therefore should not trigger the town’s subdivision review. A town engineer’s letter recommended a lot-line revision in the packet, but the applicant said the county assessor told him the assessor could reassign an SBL if the planning board confirmed the parcel was not a subdivision.
After discussion the board moved, seconded and approved a motion that staff draft a letter to the town assessor stating that this parcel was subdivided by the Thruway prior to local zoning and that no subdivision approval is needed so the county may proceed with assigning a new tax map/SBL. The board recorded the motion with a voice vote of "Aye" and carried the motion; no roll-call votes were read into the record.
Planning staff agreed to attach the maps and the applicant’s submitted surveys to the letter. The applicant was advised about potential lot-line or lot-line removal steps if further county requirements arise, and staff said they will follow up with the assessor and notify the applicant of next steps.
