January 11, 2006

The regular and organizational meeting of the Jewett Town Board was held on January 11, 2006.Supervisor Michael Flaherty called the meeting to order at 7PM.Present were Board members Thomas Hitchcock, Paul LaPierre and Harry T. Wilson.Board member Charles Kutcher was absent.

Also present were Building Inspector Tom Cross, Zoning Officer William Dwyer, Superintendent of Highways Robert Mallory and Attorney for the Town Tal G. Rappleyea.Present were Town residents Werner Pscherer and William Mead, highway employee Shawn Jaeger, newspaper reporter Mike Ryan and the town clerk.

Attorney Rappleyea swore in newly elected officials, Supervisor Michael Flaherty, Councilman Thomas Hitchcock and Councilman Paul LaPierre.

The public hearing on Local Laws # 1 and 2 was opened.

Local law #1 establishes a senior citizen/low income tax exemption and local law #2 establishes a disabilities tax exemption.

There were no comments from the public. The public hearing was closed on a motion by Flaherty, 2 nd by LaPierre and carried.

Supervisor Flaherty made a motion to adopt Local Law #1, 2 nd by Councilman Hitchcock and carried.

Supervisor Flaherty made a motion to adopt Local Law #2, 2 nd by Councilman LaPierre and carried.

The Organizational meeting was opened.

Supervisor Flaherty made a motion to adopt Resolution #1, 2 nd by Councilman Wilson and carried. Resolution #1 is the appointments for the year.

ROLL CALL: Aye 4 Flaherty, Hitchcock, LaPierre and Wilson.

Nay 0

Absent Councilman Kutcher.

Supervisor Flaherty made a motion to adopt Resolution #2, 2 nd by Councilman LaPierre and carried. Resolution #2 concerns the highway department.

ROLL CALL: Aye 4 Flaherty, Hitchcock, LaPierre and Wilson.

Nay 0

Absent Councilman Kutcher.

Councilman Hitchcock had a question on Resolution #1 concerning medical buy-outs.

This item will be discussed at the February meeting.

The town clerk's cashbook was audited and the yearly written report was given out. Councilman LaPierre made a motion to approve the audit, 2 nd by Councilman Wilson and carried.

Justice Tatar and McGowan's books were audited. Justice Tatar's yearly written report was given out. Justice McGowan's yearly written report was not available for this meeting.

Supervisor Flaherty made a motion to approve the audit, 2 nd by LaPierre and carried.

The Regular meeting was opened.

Minutes of the December 14 th regular meeting were accepted on a motion by Councilman Hitchcock, 2 nd by Councilman Wilson and carried.

Minutes of the December 27 th year-end meeting were accepted on a motion by Councilman LaPierre, 2 nd by Councilman Hitchcock and carried with spelling corrections of resident's names

The Supervisor's monthly report was given to the Board.

Building Inspector Cross gave his monthly written report. For 2005 there were 49 c of o's and c of c's, 59 building applications with 58 of those being approved and 26 out of the 58 were for single-family houses.

Supervisor Flaherty made a motion to accept the building inspectors report, 2 nd by LaPierre and carried.

The Board discussed the junk cars on the Matthew's property.

Councilman Hitchcock made a motion to have Attorney Rappleyea commence with the application process in County Supreme Court to have Mr. Matthews appear in Town court, 2 nd by Councilman LaPierre and carried. Concurrently Attorney Rappleyea will send Mr. Matthews a letter advising him of the Towns intentions.

The zoning officer is to issue a citation for a junk car violation in the mean time.

Zoning officer Dwyer gave his monthly written report.

The zoning officer went to town court and asked why the Steinherr case was dismissed. Judge McGowan stated that Mr. Steinherr presented valid registration and insurance papers for the cars in question and he has current plates but not on the vehicles.

The Board questioned how the vehicles are inspected in order to receive registration papers, as they have not been moved in 3 years.

Attorney Rappleyea said the Town could ask Mr. Steinherr for access to look at the vehicles or the Town can get a search warrant, as he appears to be in violation of Town law.

Councilman Hitchcock made a motion directing Attorney Rappleyea to obtain a search warrant to go on the property and check the vehicle numbers.

The zoning officer is not to issue an appearance ticket until he is told to do so.

The zoning officer reported that he has taken pictures at Rappleyea's garage but there is a lot of snow cover. He will continue to monitor the property.

Councilman Hitchcock made a motion to accept the zoning officers report, 2 nd by Supervisor Flaherty and carried.

Councilman Hitchcock made a motion to hold a public hearing at the February meeting raising the veteran's exemption to the new maximum set by the State. This will be Local Law #3 of 2006. Seconded by Councilman Wilson and carried.

Superintendent Mallory asked if it was on the Board's agenda this year to reevaluate the health insurance for town employees. This item is on the Board's list of things to do for 2006.

The Superintendent will present the Board with copies of the FEMA DSR's as each project is closed.

The Superintendent will provide the Board with information on work done under warranty on the trucks purchased in 2000 and 2001.

Supervisor Flaherty made a motion to approve Resolution #3, 2 nd by Councilman LaPierre and carried. Resolution #3 declares the 1969 Oshkosh and the 1975 GMC trucks as junk. They are to be put out to bid with no minimums.

ROLL CALL: Aye 4 Flaherty, Hitchcock, LaPierre and Wilson.

Nay 0

Absent Councilman Kutcher

Courtesy of the floor was opened.

Resident William Mead came to discuss the Town's local laws. He said if the code enforcement officer drives around town there are a lot of places that have more than one unregistered car. “Don't single out anyone person.”

Mr. Mead then referred to Rappleyea's repair shop “There is no law that says you can't have a junk yard. There is a law in this town that says if you have a junkyard you have to have to have it enclosed by a fence 8 foot high and you have to have a license. He should get rid of them or close them in. The neighbors shouldn't have to look at them.”

Councilman LaPierre “The law is not selective. We're making a diligent effort to go after everyone” that is in violation of this law. “Every meeting we have a discussion along this line and we have a report from the enforcement officer on what ones have been successfully removed. It's frustrating for us to pursue these situations and find ourselves wrapped in red tape. This has been going on for many years. It's not like we aren't trying to get the job done.”

Supervisor Flaherty “We have been successful in clamping down on violators during the last eighteen months. Fourteen complaints were filed and twelve were taken care of.”

Councilman Hitchcock “The Town is changing. There are a lot of places with cars with no registration that are rotted down to the ground. People are tired of looking at this stuff. They want us to do something about it and we're going to have to push this. We have to make sure we enforce the law throughout the entire town.”

Highway foreman Shawn Jaeger, “Cars are parked in town cul-de-sac's but the signs are posted for no parking during a snowstorm. He asked if the town trucks are considered emergency vehicles during a snowstorm if they hit a parked vehicle while plowing?”

Attorney Rappleyea “ You should report an incident to the insurance company and they should know that the town truck is considered an emergency vehicle.”

Superintendent Mallory asked the Board to think about a solution to Butternut Road signs being taken. He keeps putting them up and they're gone the next day.

Courtesy of the floor was closed.

The Board reviewed and prioritized its planning calendar for 2006.

Board members were in agreement to advertise for an RFP for an independent accounting compilation of the Town books. This will be done as soon as possible.

The finance committee of Councilmen LaPierre and Wilson audited the bills prior to the meeting.

Councilman LaPierre made a motion recommending the Board approve the audit. Councilman Wilson 2 nd the motion and all Board members present voted Aye.

The general fund was $15,270.85 on abstract #1, claim numbers 1 to 13. The highway fund was $17,026.84 on abstract #1, claim numbers 1 to 12.

The Board reviewed the private roads amendment to the subdivision regulations as sent back by the Planning Board.

Attorney Rappleyea suggested the following statement be added in #2 Exception

To the sentence that begins “This exception shall be applicable only to private roads with four or fewer than four parcels situated thereon” add “and shall only be applicable in situations where the subject matter parcels may not be further subdivided.”

This will be sent back to the planning board for their review.

Supervisor Flaherty made a motion to adopt Resolution #4, 2 nd by LaPierre and carried. Resolution #4 declares 6.9 acres of land off Carr Road to be surplus land.

This resolution is subject to a permissive resolution.

ROLL CALL: Aye 4 Flaherty, Hitchcock, LaPierre and Wilson.

Nay 0

Absent Councilman Kutcher.

Councilman Wilson made a motion to go into executive session concerning possible litigation. Seconded by Councilman Hitchcock and carried.

Councilman Wilson made a motion to come out of executive session, 2 nd by Hitchcock and carried.

Councilman Hitchcock will draft a letter to the Board on Judicial conduct.

There being no further business the meeting was adjourned at 10:10 P.M. on a motion by Flaherty, 2 nd by LaPierre and carried.

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Patricia Merwin Town Clerk

Planning Board

January 5, 2006

Roll Call: Chair: Jane Bostrom
Members: Janet Nicholls, Gene Beers, Carol Muth, and Paul Rosedale
Absent: Joan Kutcher
Attorney: Tal Rappleyea

The meeting was called to order at 7:30 PM. Mrs. Dwyer had an accident and will be unable to attend. Mrs. Muth has agreed to be Acting Secretary for this meeting.

Agenda Item 2: Approval of Minutes of December 1, 2005.
After noting two minor errors, Mrs. Nicholls made the motion to approve the minutes as corrected. Mr. Rosedale seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Application for Minor Subdivision for John Mignone of 121 and 189 Sugar Loaf Trail, Jewett, NY; Tax Map No. 132-00-3-63 and 132.00-3-64; District: Rural Residential.
Mr. Mignone did not appear at this meeting. Mr. Rappleyea stated he reviewed the deeds and determined they are acceptable. Due to Mrs. Dwyer’s absence, the Board was unaware the Mylar and four copies had been received at the office. Since they did not have the plats at the meeting, Mr. Rappleyea advised that the Board can approve the application conditionally pending receipt of the final copies of the plat. Mrs. Bostrom recommended tabling this application until later to give Mr. Mignone time to appear. Members agreed.
Mr. Mignone did not appear, therefore, the Board will review this application at the February meeting.

Agenda Item 4: Application for Major Subdivision for Michael Elias of 50 Carl Road, Jewett, NY; Tax Map Nos., 111.00-3-19 to 22; District: Rural Residential. Present: Michael Elias.
Mr. Elias submitted the required pinning letter, the remaining PERC test results, the Mylar and four copies of the Plat. After review of the application and the plat, Mr. Beers made the motion to approve the Preliminary Plat. Mrs. Nicholls seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MR. BEERS – AYE; MR. ROSEDALE – AYE; MRS. MUTH – AYE; MRS. KUTCHER – ABSENT; VACANT. The motion carried and the Preliminary Plat was approved.
Application for Major Subdivision – Final Plat Approval for Michael Elias of 50 Carl Road, Jewett, NY; Tax Map Nos., 111.00-3-19 to 22; District: Rural Residential. Present: Michael Elias.
Members determined there was no requirement for a second Public Hearing on the Final Plat, because the application was complete and no further changes of the plat are anticipated. After review of the application and the plat, Mr. Beers made the motion to approve the Final Plat. Mr. Rosedale seconded the motion. ROLL CALL VOTE: MRS. BOSTROM – AYE; MRS. NICHOLLS – AYE; MR. BEERS – AYE; MR. ROSEDALE – AYE; MRS. MUTH – AYE; MRS. KUTCHER – ABSENT; VACANT. The motion carried and the Final Plat was approved. Mrs. Bostrom instructed Mr. Elias to record the plat with the County Clerk’s office within 30 days.

Agenda Item 5: Application for Sketch Plan Review for Louis Mattei of Shad Road, Jewett, NY; Tax Map No. 132.00-2-7; District: Rural Residential. No one appeared on this application.

Agenda Item A - Pending: Application for Minor Subdivision for Russell Finazzo of 133 Windy Lane, Jewett, NY; Tax Map Nos. 111.00-2-10; District: Rural Residential. No one appeared and no application received.

Agenda Item 8 – Other Business: Application for Sketch Plan Approval for Clifford Thompson, represented by Jeanne Soule, of 443 Route 17, Jewett, NY; Tax Map No. 129.00-5-7.1; District: Rural Conservation and Conservation. Present: Clarence and Jeanne Soule, Bruce Maben.
Mrs. Soule is representing her father, Clifford Thompson, on this application and she will submit a copy of her power of attorney for the file. Mrs. Soule presented a sketch plan and application proposing a subdivision of 38.7-acres into four parcels. Lot 1 would be approximately 13-acres in the Rural Conservation District; Lot 2 would be approximately 5-acres in the Rural Conservation District; Lot 3 would be approximately 10-acres in the Conservation District; and, Lot 4 would be approximately 5-acres in the Conservation District. Mrs. Soule requested an expedited process due to her father’s health status and members agreed. In order to accelerate the process, members agreed to require a notation be made on the plat to indicate PERC tests must be done on each parcel before a building permit be granted. Members reviewed the sketch plan and application, Mr. Maben assured the member he would be able to have the plat ready for the February meeting, he would prepare the SEQR, and would notify all neighbors within 500 feet of the parcel of the public hearing. After the review, Mrs. Nicholls made the motion to accept the sketch plan, to classify it as a minor subdivision, and to schedule a Public Hearing for February 2, 2006 at 7:30 pm. Mr. Beers seconded the motion. The vote was unanimous and the motion carried. Mrs. Bostrom reviewed the notice requirements for the Public Hearing with the applicants.

Agenda Item 8 - Other Business: Ms. Camille Tominaro appeared in order to restate her case to have the Planning Board accept her old un-filed subdivision. Her attorney, Kevin Kelleher, spoke to Mr. Rappleyea. Mr. Kelleher said he could put a letter together that he hoped would persuade the Planning Board to change its earlier decision, but has not yet done so. The Board does not feel anything has changed and the decision stands.

Agenda Item 6: Review of Town Board Revised Subdivision Amendment on Roads:
Under the proposed exception:
• The Road Maintenance Agreement is recorded separately from the deed but at the same time, with the same formality as a deed. This means it must be notarized. It will be filed at the County Clerk’s Office and cannot be revoked by the next landowner. In addition, Mr. Rappleyea can add a requirement that a note referencing the Road Maintenance Agreement be on the Final Plat.
• Paragraph 2, line 3 should read: “…current, town, state, or county road connect …” – rather than ‘adjoin’
• Paragraph 3: How do you get the Road Maintenance Agreement off the records at the County? When the Town Board terminates the Road Maintenance Agreement by accepting the road(s), a form will be forwarded to the County Clerk’s office, cross referencing the deed and the plat.
• Paragraph 4: SEQRA should be SEQR
Members agreed that Mr. Rappleyea will rewrite the proposed amendment and present it to the Town Board. Mrs. Bostrom made the motion to approve the Private Road Subdivision Amendment with the Board’s suggested modifications. Mr. Beers seconded the motion. Mrs. Bostrom, Mrs. Muth, Mrs. Nicholls and Mr. Beers voted AYE; Mr. Rosedale voted NAY; the vote was four to one, the motion carried and the revision of proposed amendment was referred to the Town Board.

Agenda Item 10: Report from County Planning Board Representative. Mr. Beers reported the County Planning Board meeting was cancelled.

There being no other business, Mr. Beers made the motion to close the meeting. Mr. Rosedale seconded the motion. The vote was unanimous and the meeting ended.

Respectfully Submitted,

Carol Muth
Acting Secretary

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Jane Bostrom, Chair

Zoning Board

January 5,2006

Roll Call : Vice Chair: Russ Coloton

Members: Ann Dwyer, Margaret Flaherty, Tod Mallory

Absent: Kathleen Williams

The meeting opened at 7:10 pm .

Agenda Item 2: Approval of Minutes.

Mrs. Flaherty made the motion to approve the December 1, 2004 minutes. Mr. Coloton seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Application for Area Variance by Bernie Farsky of 269 Colgate Road (County Road 78), Jewett, NY, Tax Map No. 150.00-1-7.112, District: Rural Residential.

Members reviewed the application. However, since the applicant was not present and a decision is not required at this meeting, members agreed to postpone further review until the February meeting.

Agenda Item 4: Application for Variance for Michael Bongiorni, Gilbert Roberts and Judy Castore of Merwin Street and Park Road, Jewett, NY, Tax Map No. 110.00-6-46, District: Rural Residential, and Tax Map No. 110.00-6-9.11, District: Rural Conservation. Present: Larry Gardner.

Mr. Gardner is representing the applicants. He explained they are presently before the Planning Board with a subdivision application. During the Planning Board review, they requested a waiver under special circumstances regarding the Regulation's road requirements. He stated that the requirements were onerous and oppressive. He explained the applicants would prefer to build a private road sufficient to provide emergency access and which would not cause anyone harm, neither adjacent owners nor future owners. He supported the appropriate relaxation of the requirements by submitting a letter form the fire chief which indicated there would be sufficient access for emergency vehicles. He is not suggesting the Town change policy and is requesting a variance for this. Mrs. Dwyer noted that the Planning Board, at the December 2, 2004 meeting, heard the waiver request and denied it. Mrs. Dwyer requested clarification of the provision in law which indicated a Use Variance was the appropriate procedure to follow. According to her review of the Subdivision Regulations, a road is an improvement and not a use. She believes the Planning Board has jurisdiction over improvements and an appeal could be made to the Town Board to change the regulations or an Article 78 appeal could be filed. Since it is neither a Use nor an Area Variance, she doubts whether the Zoning Board of Appeals has jurisdiction to hear it. Members agreed to make no decision this evening and to refer the matter to the Town Attorney for clarification. Mrs. Dwyer suggested requesting Mr. Rappleyea's appearance at the February meeting to discuss this further. Members agreed.

Members discussed public hearing notification requirements and agreed to refer the matter for clarification with the Town Attorney. There being no other business, Mrs. Flaherty made the motion to close the meeting. Mr. Coloton seconded the motion. The vote was unanimous and the motion carried. The meeting was adjourned at 8:25 pm .

Respectfully submitted,

Ann Dwyer

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