by David Flint
The only item on the agenda for the Stephentown Planning Board at their meeting on August 21 was an application from Thomas Pecoraro for a 5-lot subdivision in Stephentown Center. Pecoraro received a variance from the Zoning Board in January to subdivide a one-acre parcel on the south side of Newton Road at the intersection with Route 43 into two half-acre lots. Since February he has been coming before the Planning Board seeking approval to subdivide a parcel on the north side of Newton Road into three more lots. Two of these lots, a 2.1 acre lot and a 4.5 acre lot located behind the Stephentown Center Community Church, will have houses built on them and will have a shared driveway from Newton Road. The third lot of 13.2 acres will be retained as undeveloped woodland for the recreational use of the homeowners on the other four parcels. A pedestrian right of way will provide access to and through this shared area.
The Planning Board earlier advised Pecoraro to return with a completed Part 1 of the Environmental Assessment Form, which he did. Last month when it became apparent that a small portion of the land to be subdivided was deeded under the name of Pecoraro’s brother Stephen, the Board’s attorney, Craig Crist, advised that Stephen’s name would also have to appear on the application for subdivision approval.
At last week’s meeting, with both Craig Crist and Chairman Tom Morelli absent, acting Chairman Lew Sharp questioned why there was any need after all for Planning Board approval. Sharp noted that the two half-acre lots on the south side of Newton Road were not actually part of the subdivision now in question. He pointed out that the Land Subdivision Regulations (Local Law #3 of 1991) specify that a subdivision, for purposes of the Regulations, is defined as “the division of any parcel of land into five or more lots, parcels or sites╔,” Therefore he saw no reason for the Planning Board to be involved. Pecoraro’s 3-lot subdivision will require boundary changes, but Sharp advised that boundary changes could be accomplished through the County Clerk’s Office. Sharp said he would consult with Code Enforcement Officer Dean Herrick and Chairman Morelli and that they would further consult with Craig Crist on this matter. In the meantime, with Board Members Freling Smith, Bob Lobdell and Derrick Gardner in agreement, he advised Pecoraro to go ahead and get the boundary line changes he needs at the County Clerk’s Office.


