Town Board
January 9, 2008
The organizational and regular meeting of the Jewett Town Board was held on January 9, 2008. Supervisor Michael Flaherty called the meeting to order at 7 P.M. Present were Board members Thomas Hitchcock, Michael McCrary, JR Quackenbush and Elaine Warfield.
Also present were Superintendent of Highways Robert Mallory, Building Inspector Thomas Cross, Zoning Officer William Dwyer, Assessor Nancy Wyncoop Bower, Town Historian Janet Nicholls and Attorney for the Town Tal G. Rappleyea.
Present were town residents Werner and Helga Pscherer, David Kessler, Joan and Charles Kutcher, Athena Billias, town highway employees Shawn Jaeger, Jason Tompkins, Philip Benjamin and Waylon McCullar, newspaper reporter Mike Ryan and the town clerk.
Attorney Rappleyea swore in town officials elected in November 2007.
The Organizational meeting was opened.
Supervisor Flaherty read Resolution #1- Appointments.
Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to appoint Teri Martin as the town’s health officer for a 4-year term.
Councilman Hitchcock questioned the appointment of Councilman Quackenbush as Deputy Supervisor. He stated, “It should be someone, at least for the first year, that’s had some experience with the town board and how it’s run. I would propose the name of Elaine Warfield.”
Supervisor Flaherty, “Just to make it clear, Town Law dictates the Supervisor makes these appointments.”
Councilman Hitchcock objected to the sentence on medical benefits because the employee handbook states that employees have to be informed of any changes in their employment and he is under the impression that employees were not informed of the change.
Superintendent Mallory said he was not made aware of the change nor were the highway employees.
Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock, to adopt Resolution #1. Resolution #1 is the yearly appointments.
ROLL CALL VOTE: AYE Flaherty, Warfield.
NAY Hitchcock, McCrary, Quackenbush.
Councilman McCrary made a motion, 2nd by Councilman Hitchcock and carried to exclude the sentence in Resolution #1 on medical benefits and adopt a Resolution as amended. This becomes Resolution #2.
ROLL CALL VOTE: AYE Hitchcock, McCrary, Quackenbush, Warfield.
NAY Flaherty.
Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock to adopt Resolution #2. Resolution #2 is the highway resolution.
ROLL CALL VOTE: AYE Flaherty.
NAY Hitchcock, McCrary, Quackenbush, Warfield.
Councilman Hitchcock objected to the sentence in item #7 because employees were not informed of the change as required by the Town’s handbook.
Councilman McCrary made a motion, 2nd by Councilman Quackenbush and carried to exclude the sentence in item 7 on medical benefits for employees hired prior to March 2003. This becomes Resolution #4.
Resolution #4 was adopted as amended.
ROLL CALL VOTE: AYE Hitchcock, McCrary, Quackenbush, Warfield.
NAY Flaherty.
The Town Clerk’s annual report was given to the Board and the clerk’s cashbook was audited.
Councilman Quackenbush made a motion, 2nd by Councilwoman Warfield and carried to accept the report and approve the audit.
An audit of the Justice Book’s was done.
Councilman Quackenbush made a motion, 2nd by Councilman Hitchcock and carried to approve the audit.
The Board was informed that newly elected Justice Canfield has received his certification.
The Organizational meeting was closed and the Regular meeting was opened.
Councilman Hitchcock made a motion, 2nd by Supervisor Flaherty and carried to accept the minutes of the December 12, 2007 regular meeting and December 19, 2007 year-end meeting.
The Supervisor monthly report was given to the Board.
The building inspector gave his written report to the Board. He informed the Board that there were 52 applications for permits in 2007.
Councilman McCrary made a motion, 2nd by Councilman Hitchcock and carried to accept the building inspector’s report.
The zoning officer gave his written report to the Board.
Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried to accept the zoning officer’s report.
Councilman Hitchcock reported that Mr. Steve Trader will be coming soon to start work on the groundwater study project.
Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock and carried to set the Senior Citizens/Disabled exemption for 2008 at $18,500.
A Public Hearing is scheduled for the February meeting on a Local Law for the exemption.
A local law for new flood plain maps was tabled.
Attorney Rappleyea handed out draft local laws on establishing exemptions for volunteer fire department members and emergency personnel.
This item was tabled.
Supervisor Flaherty made a motion, 2nd by Councilman McCrary and carried to adopt Resolution #5. This resolution moves funds in the “Equipment Fund” for purchase of the Town Clerk/Tax Collector software package to the Town Clerk’s account.
ROLL CALL VOTE: AYE Flaherty, Hitchcock, McCrary, Quackenbush, Warfied.
Councilman Hitchcock made a motion, 2nd by Councilwoman Warfield and carried to accept the November Financial report.
The finance committee of Councilman Quackenbush and Councilwoman Warfield audited the bills prior to the meeting.
Councilman Quackenbush made a motion recommending the Board approve the audit. Councilwoman Warfield 2nd the motion and all Board members voted Aye.
The general fund was $27,941.78 on abstract #1, claim numbers 1 to 16. The highway fund was $9,306.35 on abstract #1, claim numbers 1 to 5.
Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock and carried identifying the old copier, etc. as surplus items. The Town Clerk will advertise these items for bid.
The Board will discuss the appraisal on neighboring property at the February meeting.
Several years ago the Miles Bridge was designated as historic. Councilman Hitchcock would like the Board to consider having the former engineering firm look into renovation work to use the bridge as a bike trail and foot path.
Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock and carried to go into executive session at 8:20 p.m. concerning potential litigation.
Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock and carried to come out of executive session at 8:30 p.m.
Supervisor Flaherty made a motion, 2nd by Councilman Quackenbush and carried to adopt Resolution #6. This resolution request the Assessor to establish a proper coding for the East Jewett Fire Protection District #1 and Jewett Fire Protection District #2 for future tax rolls.
ROLL CALL VOTE: AYE Flaherty, Hitchcock, McCrary, Quackenbush and Warfield.
Supervisor Flaherty made a motion, 2nd by Councilman Hitchcock and carried that the building inspector, zoning officer and assessor attend every other Board meeting unless something substantial comes up.
There being no further business the meeting was adjourned at 8:40 P.M. on a motion by Supervisor Flaherty, 2nd by Councilwoman Warfield and carried.
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Patricia Merwin Town Clerk RMC
Planning Board
JANUARY 3, 2008
Agenda Item 1: Meeting called to order at 7:30pm
Roll Call: Chair: Jane Bostrom
Members: Gene Beers, Joan Kutcher, Carol Muth, Janet Nicholls,
and Paul Rosedale. Also present, Tal Rappleyea, town attorney.
Agenda Item 2: Approval of Minutes of December 6, 2007.
A motion to approve the minutes as corrected was made by Mrs. Nicholls and seconded by Mrs. Muth. The minutes were then approved unanimously.
Agenda Item 3: Silvano Vales, Application for Minor Subdivision for property located at 335 Hesley Road, Jewett, NY 12444; Tax Map No. 129.00-3-3: Rural Residential. Proposal to divide 2.5 acres from larger parcel of 52.6 acres.
Dave Wieman from Kaaterskill Engineering was representing Mr. Vales. He asked the Planning Board to regard his presentation as if at the Sketch Plan level until everything is prepared for the next step. He is waiting for the septic approval from DEP; Kaaterskill Engineering submitted that application at the end of December.
The Planning Board needs a letter stating Mr. Wieman represents Mr. Vales and the $200 Application fee for a Minor Subdivision.
Mr. Wieman requested the Planning Board to start the SEQR process tonight.
Mrs. Bostrom passed out the new maps that Mr. Wieman had provided. An improved location map is in the upper corner. Mrs. Nicholls, Mr. Rappleyea, and Mr. Wieman reviewed the correct names and addresses of neighboring properties via the tax map book. Mrs. Bostrom noted that the smaller acreage shown on the map is what is to be subdivided, yet the map also showed improvements to the larger acreage. Mr. Wieman answered this is part of his strategy to answer concerns that may arise during the project. Mrs. Kutcher noted that no topography has been indicated as required by the Planning Board to determine drainage patterns.
Because of confusion as to what had previously been done on this project, Mr. Rappleyea suggested that the Planning Board regard the new maps provided tonight as the Sketch Plan Review stage. The members agree topography should be shown on the map. Mrs. Bostrom asked about existing structures, status on the wetlands (there are none), existing utilities, and deeds. Mr. Wieman asked whether the Planning Board could approve this Sketch Plan with his reassurance he will get the new map combining all pertinent information to the Planning Board within a few days so he can move forward on this project.
Mrs. Bostrom read the front page of the short form SEQR provided by Mr. Wieman. She questioned that the amount of land affected is less than one acre since the proposal is to subdivide two and a half (2.5) acres. Mr. Wieman replied this is in the interpretation, since the actual land disturbed by the subdivision comes to less than that one acre. The Planning Board agreed to notify DEP of our Lead Agency status and to send a copy of the first page of the SEQR along with the letter to Ms. Shanahan. The Vales will be put on the agenda for next month for a Minor Subdivision Application.
Agenda Item 4: Brittny Estates Application for Sketch Plan Review for property on Round Hill Road, Jewett, NY; Tax Map No. 113.00-3-23 and property in Windham, Tax Map No. 113.00-1-22.11 including land in both Rural Conservation and Conservation districts. (Business formerly done as MC Windham LLC).
Darin Elsom from Kaaterskill Engineering submitted new information prior to the meeting that he hoped would start the SEQR Lead Agency coordination process, as he expects a DEP response to every environmental impact question raised. Mr. Elsom, like Mr. Wieman, expressed his wish for the Jewett Planning Board to declare itself Lead Agency as soon as possible.
Last month Mr. Elsom promised the Planning Board a color-coded drawing for easier reading of the maps; this was not provided. He did provide a complete set of new maps and updated information for each member of the Planning Board, dated 12/20/07. This proposed major subdivision crosses two zones and two town lines. Mrs. Bostrom raised the question about lot frontage and/or width, stating that it is different in each zone. Because some of the lots are in a Conservation zone, the Planning Board will need Special Use Applications for each lot in that zone. She would like the lot frontage and/or widths put on the map. Mr. Elsom said that he was not clear about the wording of the Jewett regulations in this matter; Mr. Rappleyea referred to a recent instance (Scott Sandler) of interpreting the same law, and promised to take a look at it.
Mr. Elsom pushed the Planning Board to declare itself Lead Agency tonight, and Mrs. Bostrom replied the Planning Board needs more information before it can commit to a time frame. Mr. Rappleyea suggested the Planning Board begin at the earliest possible moment to start the review. If the Planning Board lacks information, the clock simply stops on the process until all the information is in. Mrs. Muth pointed out that concern over a time frame is more applicable to the applicants than to the Planning Board, since if it lacks proper information the process stops until the information is provided. Mr. Elsom stated that in his experience, the clock is not very enforceable in the SEQR process any way: the project can take up to four years, depending on the market.
Discussion arose concerning the process of the long form SEQR, as questions exist yet. Mr. Elsom is responsible for the information in Part 1; the Planning Board is to consider Parts 2 and 3. Part 1 is simply a description of the project.
Mrs. Kutcher wondered how the Jewett Planning Board is to handle lot 9, which sits on a divided town line. Mr. Elsom replied that as Lead Agency the Jewett Planning Board oversees the part of the project that lies in the Town of Windham. Mr. Rappleyea said Mr. Elsom should take care of the subdivision that falls in another town, but that the Jewett Planning Board oversees the entire environmental impact. He also pointed out that even if Jewett approves its part of the subdivision, Windham could still deny approval for applications in its jurisdiction.
Markers along the switchbacks were questioned on page one of the map. Mr. Elsom said these are elevation markers further explained on page two. Mr. Rappleyea queried the pitch of the road, and Mr. Elsom said it is under ten percent (10%). Mr. Rappleyea said that was good. Mr. Elsom allowed a forty-five (45) foot turning radius on the switchbacks as sufficient for fire trucks. He also added extra turning radius in the design of the culdesac. Twenty homes will have to be accessed from the main road by law; this project runs under that amount. Mrs. Muth asked when the road was to be built. Mr. Elsom asked Mr. Rappleyea whether the road would have to be built or bonded. Mr. Rappleyea said it could be either. Mr. Elsom answered that he expected his client would choose to build immediately. Mr. Rappleyea asked about sight access for motorists from this private road on to the main road. Mr. Elsom replied that he has further road related issues to discuss with the Highway Supervisor. Someone suggested the folks owning the neighboring property might take exception to the location of the entrance of the private road; Mr. Elsom said that the access is currently an old logging road.
Mr. Rappleyea asked what the visual impact of the project would be in the interest of conserving the rural flavor of the town. Mrs. Muth said Lots 1, 2, and 3 will be visible from Round Hill Road. Mr. Beers said the subdivision will be visible driving down Scribner Hollow Road, and Mrs. Kutcher thought also from the Farber farm. Mrs. Kutcher suggested limiting the height of certain buildings to twenty-feet (20’) to mitigate the visual impact. The Planning Board could also set a clearing restriction on each lot – if an owner seeks to improve his view, it also means his building becomes more visible to others. Mr. Elsom believes that eighty percent (80%) of the area will remain undisturbed.
The Planning Board resumed discussion over declaring itself Lead Agency tonight. Mrs. Bostrom requested more data, including lot dimensions and the Special Use Applications for each affected lot. Mr. Rappleyea will advise Mr. Elsom of the interpretation of the town regulations concerning lot and/or frontage widths. Mr. Elsom asked when to provide the Special Use Applications. Mr. Rappleyea advised him to do so now. The Planning Board can approve them for the drawing now, and if differences arise in future building projects later, it will be up to the Building Inspector. Brittny Estates plans to sell lots rather than homes.
Mr. Rappleyea advised the Planning Board to file as Lead Agency now. Mrs. Muth made a motion for the Jewett Planning Board to declare itself Lead Agency for this project. It was seconded by Mrs. Nicholls. The motion passed unanimously.
Mr. Rappleyea will take care of mailing the SEQR information to the involved agencies.
Mr.Elsom asked to be on next month’s agenda.
Joe Damrath, James Watkins, and Mary Ellen Carisso are persons who may be involved in storm water management aspects of major subdivision projects.
Agenda Item 5: Joseph D’Acunto, PO Box 71, Boy Scout Road, East Jewett, NY 12424. Application for Special Use Permit to keep a riding stable; Tax Map Nos. 132.00-40 (.9 and 1.7 acres were combine under this Tax Map No.) and 132.00-36 (1.24 acres): Rural Conservation, 2.6 and 1.24 acres respectively.
Mr. D’Acunto’s information came in over holiday break, so Ms. Laubmeier made copies for the Planning Board members prior to the meeting, including Mr. Rappleyea and Mr. Quackenbush, who is now a town councilman. Mr. D’Acunto brought a friend, Deborah Iocca, to help him with his case because he is legally blind.
After the maps were spread out for review, Mrs. Kutcher noticed a lack of topographical information. Mr. D’Acunto disagreed, and was asked to point them out to the Planning Board. He pointed out the presence of the topography on the smaller location map, so the Planning Board instructed him that topography is necessary on the larger map for determination of water drainage and his waste management program.
Mr. D’Acunto provided the Planning Board with a site plan, a short form SEQR, and the Special Use Application fee of $100. He was asked to summarize his application, and he described his business of giving trail rides. Mrs. Bostrom asked whether Mr. D’Acunto owns road frontage on Boy Scout Road; he said there are two properties in front of him. He owns two properties accessed from Boy Scout Road by a driveway. The driveway appears on the map to run into the dirt road known locally as Woodland Trail and connects to a third property owned by Mr. D’Acunto. It is not a town road, Jewett does not want to take it on, and he has an easement for it. Tommy Hommel lives behind him and takes care of the plowing. There are private dirt roads around the area where Mr. D’Acunto lives and cabins owned by seasonal second homeowners. The road itself is sixteen-feet (16’) wide, but the right of way given is fifty-feet (50’) wide.
Mr. Rosedale asked about the trails Mr. D’Acunto rides upon with his horses. He guides trail rides on the easement and on state land. Mrs. Bostrom pointed out that Jewett regulations state that Mr. D’Acunto needs written permission from the owners of the property he rides upon; this might be interpreted to include state land. Mr. D’Acunto argues that he owns a pamphlet from the state telling where it is permissible to ride horses and where it is not. Mr.D’Acunto agreed to provide the Planning Board with a copy of this booklet. Mr. Rappleyea summarized that the Planning Board needs a plan showing proposed riding trails and roads, and written evidence of permission to use property where he rides. He reviewed the entire information packet provided by Mr. D’Acunto, and said that it appeared most of the information has been provided to the Planning Board, but the Planning Board needs time to digest what it has received. He and Mr. D’Acunto reviewed the layout of Woodland Trail.
Mrs. Bostrom wondered how many horses Mr. D’Acunto owns: six, he said, are his usual number. Mrs. Bostrom reminded him that Jewett regulations specify a half-acre per horse; Mr. D’Acunto replied that Jewett law does not specify this must be cleared property. He stated that his horses have shelter in eight-foot by eight-foot run-in sheds. Mrs. Kutcher asked Mr. D’Acunto about his waste management plan, and he said that he gives his fertilizer away to people with gardens, and uses it himself for his own gardens and hay crop. The location of the compost pile in relation to water run-off is critical to approval of this Special Use Permit. Mr. D’Acunto said it is currently one hundred and fifty feet (150’) away from the drainage area.
Mr. Rappleyea said that it appears Mr. D’Acunto has provided the Planning Board with most of what it needs to review the application. The Planning Board needs more information concerning paragraph 18, and it needs to confirm things stated in paragraphs 21, 22, and 23 before these issues can be addressed. Mr. D’Acunto further needs to provide the Planning Board with a map showing topographical contours, sites of compost storage, a letter from the DEC stating he can ride there, and a letter from the East Jewett Fire Department (Jeff Loucks) stating accessibility to his property.
Agenda Item 6: Report from Greene County Planning Board Representative Gene Beers
Mr. Beers said the Greene County Planning Board had no meeting this month.
Agenda Item 7: Discussion of training and other business.
Online training can be accessed by visiting the New York Planning Federation; one chapter counts as one credit.
At 10:20pm the meeting adjourned. Mrs. Nicholls made the motion to close the meeting; Mr. Beers seconded the motion, which passed unanimously.
Respectfully Submitted,
Susan Laubmeier, Clerk
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Jane Bostrom, Chair
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