Town Board

January 12, 2005

The organizational and regular meeting of the Jewett Town Board was held on January 12, 2005. Supervisor Michael Flaherty called the meeting to order at 7PM. Present were Board members Paul LaPierre, Charles Kutcher, Thomas Hitchcock and Harry T. Wilson. Also present were Superintendent of Highways Robert Mallory, Building Inspector Robert Bosworth, Assessor Georgette Krauss, Town resident Werner Pscherer, newspaper reporter Mike Ryan and the town clerk.

The public hearing on the sign law was opened.
The public hearing was rescheduled until the February meeting because the information was not available in time for tonight’s meeting.
The hearing was closed.

Organizational meeting.

Supervisor Flaherty made a motion to adopt resolution #1, 2nd by Hitchcock and carried. This resolution is a list of appointments for the year.
ROLL CALL: Yea 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson.
Nay 0

Supervisor Flaherty made a motion to adopt resolution #2, 2nd by Kutcher and carried. This resolution concerns highway salaries, benefits, purchase agreement, etc.
ROLL CALL: Yea 5 Flaherty, Hitchcock, Kutcher, LaPierre and Wilson.
Nay 0

The justice books were audited and the annual written report was given to the Board. A motion was made by Kutcher, 2nd by Wilson and carried to accept the justice books and report.

The town clerks cashbook was audited and the annual written report was given to the Board. A motion was made by Wilson, 2nd by LaPierre and carried to accept the report and cashbook.

Regular meeting.

Minutes of the December 8, 2004 regular meeting were accepted on a motion by LaPierre, 2nd by Flaherty and carried. Minutes of the December 15, 2004 special meeting were accepted on a motion by LaPierre, 2nd by Flaherty and carried. Minutes of the December 29, 2004 year-end meeting were accepted on a motion by Flaherty, 2nd by Hitchcock and carried.

The Supervisor’s report was given to the Board and bank statements were available for review.

Superintendent Mallory reported that the ad for the Oshkosh and the dump truck is in the paper and bids will be opened at the February meeting. There have been about 35 hours of overtime so far and the salt barn is half full.

Councilman Hitchcock made a motion to accept the building inspectors report, 2nd by Wilson and carried.

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

Assessor Krauss reported the tax rate went down by 2.41% for the Town. She is continuing discussions with the State regarding the level of town assessments.

The finance committee of LaPierre and Hitchcock audited the bills prior to the meeting.
Councilman LaPierre made a motion recommending the Board approve the audit. Councilman Hitchcock 2nd the motion and all Board members voted Aye.
The general fund was $11,404.44 on abstract #1, claim numbers 1 to 16. The highway fund was $15,181.64 on abstract #1, claim numbers 1 to 8.
Councilmen Kutcher and Wilson were appointed as the finance committee for February, March and April.

A draft of the noise control law was passed out for Board members to review.

The ad for business’ to register on the Town’s web site will be in the newspaper this week. The form is also available in the town clerks office.

There being no further business the meeting was adjourned at 8:20PM on a motion by Wilson, 2nd by Flaherty and carried.

__________________________
Patricia Merwin Town Clerk

Planning Board

January 13, 2005

Roll Call Chairperson: Jane Bostrom
Members: Carol Muth, Janet Nicholls, Joan Kutcher, Gene Beers and Charles Tatar
Absent: Paul Rosedale

The meeting was called to order at 7:30 PM. Mrs. Bostrom welcomed new member Charles Tatar.
This meeting, originally scheduled for January 6, 2005, was postponed due to inclement weather. A Meeting Change Notice and Public Hearing Reschedule Notice were published by the Windham Journal. In addition, they were posted at the municipal building and applicants and members were notified by telephone on January 5, 2005.

Agenda Item 2: Approval of Minutes of December 2, 2004.
After corrections, Mrs. Nicholls made the motion to approve the minutes with the corrections noted. Mrs. Muth seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Public Hearing on Application for Minor Subdivision by Joe Parenteau of 1827 Route 23C, East Jewett, NY, Tax Map No. 132.00-7-1, District: Rural Residential. Present: Mr. Joseph Parenteau.
Mr. Beers made the motion to open the hearing. Mrs. Nicholls seconded the motion. The vote was unanimous and the hearing opened at 7:35 pm. Mr. Parenteau submitted the required certification of hearing notices. There were no comments from the public. Mrs. Muth made the motion to close the hearing. Mr. Beers seconded the motion. The vote was unanimous and the hearing closed at 7:40 pm.

Agenda Item 4: Application for Minor Subdivision by Joe Parenteau of 1827 Route 23C, East Jewett, NY, Tax Map No. 132.00-7-1, District: Rural Residential. Present: Mr. Joseph Parenteau.
Mr. Parenteau submitted the correct size plat which included all the required corrections and paid the fee to Mrs. Dwyer prior to scheduling the Public Hearing. After members reviewed the application and revised documents, Mr. Beers made the motion to approve the Minor Subdivision. Mrs. Muth seconded the motion. ROLL CALL VOTE: Mrs. Bostrom – AYE; Mrs. Nicholls – AYE; Mr. Beers – AYE; Mrs. Muth – AYE; Mrs. Kutcher – AYE; Mr. Tatar – AYE; Mr. Rosedale – ABSENT. The motion carried and Mrs. Bostrom signed the subdivision plat. Mrs. Bostrom reminded the applicant the approved plat must be filed in the County Clerk’s office within 30 days.

Agenda Item 5: Application for Boundary Line Adjustment for Nina Walczak-Wojciak. Present: Nina Walczak-Wojciak.
Mrs. Wojciak presented the Mylar of the previously approved Boundary Line Adjustment for the Chair’s signature, as instructed by the Board at the November 4, 2004 meeting. After review, members unanimously approved the Chair sign the re-submitted Mylar.

Agenda Item 6: Application for Special Use Permit for Elaine Warfield of 1202 Route 23C, East Jewett, NY, Tax Map No. 149.00-3-16, District: Hamlet. Present: Elaine Warfield and Rick Brooks
Ms. Bostrom reported the County Planning Board determined this referral was a local matter. Mrs. Bostrom made the motion to approve the Special Use Permit with the following conditions: [1] the large storage trailer is to be removed; [2] the unused fuel tank is to be removed; [3] the location of the new doorway and the existing doorways are in the rear of the proposed apartment building; [4] the area in the front of the proposed apartment building is to be seeded; and [5] the proposed well is to be completed. Mr. Beers seconded the motion. Roll Call Vote: Mrs. Bostrom – AYE; Mrs. Nicholls – AYE; Mr. Beers – AYE; Mrs. Muth – AYE; Mrs. Kutcher – AYE; Mr. Tatar – AYE; Mr. Rosedale - ABSENT. The motion carried and the Special Use Permit was approved.

Agenda Item 9: Application for Subdivision by 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 reported the applicants have filed an Application for Use Variance before the Zoning Board of Appeals and they have not yet acted on it. Mr. Gardner faxed a memo to the Town Attorney, has not yet spoken to him, and needs further input from him about this matter. Mrs. Bostrom informed members the Board also has not yet received the corrected memo from the Town Attorney and needs to hear from him. She stated the Board needs to extend the time limit and members agreed. The applicant is to be placed on the February Agenda for an update of the action being taken. Her judgment is the original letter from the Town Attorney is confusing, incorrect, and in need of correction. Members agreed.

Agenda Item 8: Application for Boundary Line Adjustment by Donald J. Miller to Judith Miller Slosson of Merwin Street, Jewett, NY, Tax Map # 110.00-6-11.21 and 110.00-6-11.12, District: Rural Residential. Present: Donald J. Miller and Carolyn Miller
Mr. Miller is applying to transfer .978-acres to Ms. Slosson’s 1.108-acres, which would result in a 2.086-acre lot. After review of the application, Mrs. Bostrom suggested increasing the boundary line adjustment by one-half acre to create a new parcel of over 2.5-acres, which would result in changing the existing non-conforming parcel to a conforming parcel. She noted this modification would require changes to the application, new plans and new lot descriptions. This application will be placed on the February Agenda. Members agreed.

Agenda Item 9: Application for Site Plan Review and Special Use Permit – Telecommunication Tower for NYNEX Mobile Limited Partnership d/b/a Verizon Wireless of Rochester, NY located on Ski Windham Tower, Goshen St. Jewett, NY, Tax Map # 95.00-3-1, District: Conservation. Present: Mr. Dennis Burdick of Verizon Wireless.
Verizon Wireless is applying to locate an additional antenna on the existing Ski Windham Cell Tower. After review of the application, members determined the following item are needed: [1] a letter from the owners – Crown Castle; [2] copy of FCC license; [3] front and side elevation of the proposed antenna; [4] propagation map and [5] completed visual EAF completed. This application will be scheduled for the February meeting.

Agenda Item 14: Report from County Planning Board Representative – Gene Beers.
Mr. Beers reported the County Planning Board reviewed the Warfield referral and a new convenience store referral located on Route 296. Both were determined to be local decisions. He also noted that the Town of Hunter and Village of Tannersville are not represented at the County Planning Board.

Agenda Item 15 - Other Business:
 Application Fee Schedule: Members discussed the Telecommunication Tower Fees and proposed recommending the fee for additions to existing towers would more appropriately be $500.00.
 The Board discussed multiple dwellings on one parcel and noted they are only allowed in the Hamlet District. Under Subdivision Regulations only “one dwelling per lot” is allowed, however, the definition of Dwelling, Multiple Family in the Zoning Law reads “A dwelling or group of dwellings on one plot containing separate living units for three or more families living independently of each other.”
 Members discussed the Agenda Item 9 subdivision application and noted Mr. Gardner quoted things that were not true; an appeal should be an Article 78 appeal and not to another board; the Planning Board has to administer the ordinance; and the applicants should go before the Town Board to get the regulations changed.

There being no other business, Mrs. Nicholls made the motion to close the meeting. Mr. Beers seconded the motion. The vote was unanimous. The meeting ended at 9:35 PM.

Respectfully Submitted,

Joan Kutcher, Acting Clerk

___________________________
Jane Bostrom, Chair

Zoning Board

January 5, 2005

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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Accepted