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Subdivision Snafu

Mac

Gold Member
Joined
Oct 26, 2009
Messages
716
Location
Hamilton, NY
A group of citizens wishes to purchase a portion of a residential property. The section they want is the site of a locally historic train wreck (search Hamilton Chocolate wreck). The site is the former depot area, which today still has some old lumber sheds and remnants of the trestle that the trains would climb, in order to bottom-dump coal into bins. (the actual right of way for the tracks was transferred to Village ownership ages ago - portions are now a walking trail) The adjacent depot property remained in private ownership.

The subdivision law defines a lot as having road frontage, which the proposed site would not have, and so it appears the desired section cannot be separated. I'm sure that with adequate public support, the Village Board of Trustees could find a way to make it happen, but that will have to be determined.

To complicate things, the site is (duh) a train wreck, complete with soil contamination and other nasty stuff the Village wants no part of, so they will not accept hte property as a donation to be added to the adjacent Village owned walking trail.

Tonight the Planning Board will hear a presentation, then hopefully advise the group on how to proceed.

Anybody have any experience with somethong similar?

It occurs to me that we wouldn't have historic sites today, if soemhow the sites were not preserved in the past.
 
Like a lot of things "Mac", it will come down to costs! Who is going to pony up

to clean-up the contaminated soil and lot, so that it is in an acceptable

condition to the Village? The part about requiring road frontage can be

addressed by the Village decision makers!

.
 
The citizens could lease the site. No zoning required.

Then if it is cleaned up, it could be sold and transferred.

Or an historical easement could be created.

Something similar to a facade easement comes to mind.
 
Is the requirement for street frontage for all lots or just for buildiable lots?

Cleaning up the contamination typical of railroad sites would eliminate the historic character of the site
 
As predicted, the chair of the Planning Board had a solution. It can be divided calling the new lot a monument lot, with a quasi-public function. Done. Boom.
 
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