Board reviews subdivision that bypassed planning process; members cite 10‑acre agricultural exemption

Board members reviewed a recent subdivision that was filed with the county rather than routed through the town planning process. The Chair summarized the attorney's explanation that the seller's lawyer "didn't realize that we had adopted subdivision law," and that the transaction may be exempt because "the transfer of agricultural parcels of at least 10 acres for the purpose of continued agriculture shall not be included within this definition nor subject to its regular."

Members discussed timing and process: if a contract predates the adoption of the town's subdivision law, that timing can allow a filing that bypasses town review. The Chair described the definition of subdivision and gave hypothetical examples (e.g., splitting 25 acres into two 12.5‑acre parcels would be exempt; carving off a house lot would trigger the process). Committee member and Chair also noted the board can waive limited procedural requirements but cannot waive the law itself.

The board discussed SEQR coordination and county referrals: Chair explained the town must identify the action, classify it, and determine involved agencies; if the county is an involved agency the required coordinated review and the county's response timeline (30 days) can extend the overall process. Committee member said the county planning board had indicated they do not want referrals for subdivisions from the town and the board agreed to locate any standing agreement clarifying county referral practice.