Town Board

October 8, 2005

A regular meeting of the Jewett Town Board was held on October 8, 2005. Supervisor Michael Flaherty called the meeting to order at 10 A.M. Present were Board members Thomas Hitchcock, Paul LaPierre and Harry T. Wilson.
Also present were Attorney for the Town Tal G. Rappleyea, Building Inspector Tom Cross, newspaper reporter Mike Ryan and several town residents.
Due to the absence of the town clerk minutes are taken from the tape recorder.

Minutes of the September 14, 2005 regular meeting were accepted on a motion by Flaherty, 2nd by LaPierre and carried with the inclusion that Ethan Tarnow is representing Shabby Ranch in East Jewett.

The Supervisors monthly financial report was given to the Board. Due to the early date of today’s Board meeting bank statements were not available for review.

The Building Inspector gave his monthly written report. There were 11 applications completed for the month of September. There are 54 building permits to date.
The building inspector said, “One of the things done in other areas is if a building is not occupied they have the owners get a permit for it. That way they can identify any situation that might come up. This was just a thought to maybe enhance what we’re doing.”
Councilman Kutcher, “If the permit were free, it’s not a bad idea. Whom ever you pick up is a benefit but I’m not sure how many people you would actually pick up.”
Councilman Hitchcock, “Your very busy with building permits. We already have something on the books for unsafe, derelict buildings. I think the Board’s talking about how we can somehow get that administered better without putting the entire onus on you. My position is if we find out that’s not enough then we could come up with something else. Right now the Board has to somehow deal with the unsafe building ordinance we have on the books.”
Attorney Rappleyea, “If you start to go down this path probably the first thing you want to do is have a discussion about the definition of what is abandoned. You need to establish that base line first before you start cataloging.”
Supervisor Flaherty made a motion to accept the building inspectors report, 2nd by LaPierre and carried.

The Board reviewed the Zoning Officers written report.
Councilman LaPierre made a motion that the responsibilities for unsafe buildings be moved from the building inspector to the zoning enforcement officer. The motion was 2nd by Councilman Hitchcock and carried.
Supervisor Flaherty made a motion to accept the zoning officers report, 2nd by Kutcher and carried.

Under courtesy of the floor:

Mr. Dave Schuster, who owns a home on Tower Mountain Road, told the Board “I’m not here to complain, but I do want to bring a small situation to your attention that could become a problem in the future. This is tied to the noise ordinance.”
“My neighbor comes up on weekends and rides his ATV all day long. I understand it’s his land and he can do what he wants on it, but my family comes here on weekends too, for the peace and quiet. I’m concerned about the future.”
Attorney Rappleyea, “As long as there not disturbing more than one acre of land and stay on there property and have the standard muffler on the ATV, as it stands right now there isn’t much you can do about it.”
“Under NYS regulations if you disturb more than one acre of land your required to obtain a stormwater pollution prevention plan permit from DEP showing how you’re going to prevent runoffs, etc. Otherwise ATV’s can be operated pretty much at will and a complaint could be lodged only if it rises to the level of a public nuisance.”
Councilman Kutcher, “The issue we specifically did not address in the noise ordinance, in terms of somebody doing something on their property, now may be an issue we want to do a yearly review on.”

Mr. Schuster complemented the “fantastic job done with the plowing” in the Town. Mr. Schuster asked if there were any plans for paving the other side of Tower Mountain Road.
Supervisor Flaherty, “We have a five year plan that is going to visit every road in Town.”
Highway foreman Shawn Jaeger was present and said the road was prepped earlier in the spring.
Supervisor Flaherty, “That project has been identified and we’ll get to it this year or next year.”

Colgate Road resident Len Oppenheimer addressed the Board. His concern was the building of a dock on Colgate Lake. He asked about the relationship between State and the Town in regards to the lake.
Supervisor Flaherty, “We had a meeting with DEC.

At this point the tape recorder stopped working.
October 12, 2005 page 1 of 1

Budget workshop

October 5, 2005 and October 12, 2005

Budget workshops were held on October 5, 2005 and October 12, 2005.

Present at both workshops were Supervisor Michael Flaherty, Board members Thomas Hitchcock, Charles Kutcher, Paul LaPierre, Harry T. Wilson and the town clerk.

A motion was made by Kutcher to accept the preliminary budget for 2006 2nd by Hitchcock and carried. Councilman Wilson voted Nay.

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Patricia Merwin Town Clerk

Planning Board

October 6, 2005

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

The meeting was called to order at 7:30 PM.

Agenda Item 2: Approval of Minutes of September 1, 2005.
Mrs. Muth made the motion to approve the minutes. Mr. Beers seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 3: Application for Minor Subdivision for Jane Eisenberg and Jack Cohen of 3894 Route 23C, Jewett, NY; Tax Map No. 130.00-1-13; District: Rural Residential. Present: Jane Eisenberg and Jack Cohen.

The applicants are requesting re-signing the previously approved minor subdivision. The subdivision had been approved at the August 2005 meeting and due to legal considerations; they were unable to file the plat with the County within the 30 day deadline. There were no changes to the approved plat. Members agreed the Chair should re-sign the plat and the applicants agreed to immediately file it with the County.

Agenda Item 4: Review of pre-existing subdivision for Camille Tominaro of 30 Ford Hill Road, Jewett, NY; Tax Map No. 147.00-1-4; District: Rural Residential. Present: Camille Tominaro.

Ms. Tominaro presented a notice dated August 24, 1989 from the Town of Jewett Planning Board, signed by JoAnne Makley, Chairman, recognizing two pre-existing lots which did not require subdivision approval. Members reviewed the Planning Board file on the property. Ms. Tominaro stated she had never filed the plat with the county and the 6.288-acre parcel has been reflected on the tax map to this date. Ms. Tominaro wants to register the map which shows a .985-acre parcel divided from the 6.288-acre parcel. This leaves a remaining parcel of 5.304-acres. Members reviewed the Subdivision Regulations, Article 1, Section 8 which states: “Preexisting subdivisions shall include all subdivisions that have:
A plat on file at the Greene County Clerk’s office as of June 9, 1988, or, provided that a survey or deed(s) for the individual lot(s) containing the entire sub-division as it is anticipated to be at its ultimate development, be filed with the Town Clerk of the Town of Jewett or the Greene County Clerk’s office on or before January 1, 1992.”

Ms. Tominaro stated she did not record the plat with either the Town Clerk or the County Clerk after receiving the determination of the Planning Board, and she was not aware she was required to do so. Members discussed whether filing the plat with the Planning Board constituted filing it with the Town Clerk. Although they do not believe it would, they determined the question should be referred to the Town Attorney. Mrs. Dwyer will draft a memo to the Town Attorney describing these circumstances and submit it to Mrs. Bostrom for review.

Agenda Item 5: 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 requested postponement to November.

Agenda Item 6: Application for Sketch Plan Review for Konstantin Kostov and Biliana Alabatchka of 294 CR 77, Jewett, NY; Tax Map No. 111.00-3-16; District: Rural Residential. Present: Mr. Richard Sardo, Land Surveyor.

Mr. Konstantin revised the sketch plan to reflect a two lot subdivision, a 3.94-acre parcel and a 48.85-acre parcel. Mrs. Bostrom noted that the names of all neighbors within 500 feet should be on the plat. In addition, the tax map area of the plat must be corrected to reflect the revised plan; the remaining parcel is considered a flag lot and the measurements of the narrow corridor must be on the plat; the topography of the entire parcel, with wetlands and streams noted must be provided; and, a letter of representation or contract copy must be submitted.
After review of the application and sketch plan, Mrs. Muth made the motion to classify the proposal as a minor subdivision. Mr. Beers seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer provided a minor subdivision application and short form SEQR. Mr. Sardo paid the subdivision fee in cash.

Agenda Item 7: Application for Sketch Plan Review for Michael Elias of 50 Carl Road, Jewett, NY; Tax Map Nos., 111.00-3-19 to 24; District: Rural Residential. Present: Michael Elias

Mr. Elias is proposing to change the configuration of six lots from a previously approved subdivision. Mr. Elias is proposing: [1] to take 2.5-acres from lot 3-19 and add it to lot 3-21; [2] to take 2.8-acres from lot 3-20 and add it to lot 3-21; [3] to take 2.3-acres from lot 3-22 and add it to lot 3-21; and [4] to take 1.5-acres from lot 3-24 and to add it to lot 3-23. This would result in lot 3-19 as a 2.6-acre parcel; lot 3-20 as a 2.8-acre parcel; lot 3-21 as a 12.7-acre parcel; lot 3-22 as a 2.8-acre parcel; lot 3-23 as a 6.5-acre parcel and lot 3-24 as a 3.6-acre parcel. Mrs. Bostrom noted this is a bunch of little subdivisions and members discussed whether each had to be done separately or whether they should be done as one. Referring to the regulations, Mrs. Muth read the definition of ‘RESUBDIVISION’:
“means a change in a map of an approved or recorded subdivision plat if such change affects any road layout on such map or any lot line or if it affects any map or plan legally recorded prior to the adoption of any regulation controlling subdivisions. Any resubdivision of a subdivision, which together with a prior subdivision, will create a total of five (5) or more lots, shall be classified as a Major Subdivision.”

Mr. Elias is proposing to change the lot lines of a previous seven lot subdivision. One of the original lots has been sold, so he is only proposing to change six lots. In lieu of changing the lot line on lot 3-24 and adding it to lot 3-23, he is considering combining the two lots into one. Members discussed this proposal and determined that this is a resubdivision of a previous subdivision and should be one application. Mr. Elias requested the subdivision regulations and Mrs. Dwyer sold him a copy. Mrs. Bostrom noted that the frontage totals of each lot should be included on the plat. After review of the sketch plan and application, Mrs. Kutcher made the motion to classify this proposal as a resubdivision of a previous subdivision and since the original subdivision together with this resubdivision created more than five lots, this proposal is classified as a major subdivision. Mr. Beers seconded the motion. The vote was unanimous and the motion carried.

Agenda Item 9: Discussion regarding proposed change of use for Arthur Shapolsky of Route 296, Jewett; Tax Map No. 147.00-2-2; District: Rural Residential. Present: Greg Cross

Mr. Shapolsky owns the Mountain Drive In Theater and is considering two proposals. The first is a convenience style store to be added to the property and the second is to add on to the snack bar building to provide indoor seating for 50 to 60 patrons. Mr. Cross is requesting information as to whether either of these proposals is allowed under zoning. Mrs. Bostrom stated the zoning district does not allow for a convenience store, however, adding on to the existing building for an indoor seating area would be permissible under the Special Use Permit regulations. Members agreed.

Agenda Item 8: Application for Site Plan Review for Mountain View Estates, Maplecrest Road, Jewett, NY; Tax Map No. 113.00-1-2; District: Rural Residential. Present: Gary Kerzic, Delaware Engineering

Mrs. Dwyer distributed copies of the report from Lamont Engineering and Mr. Kerzic and members reviewed it in conjunction with the SEQR. After the review, Mrs. Bostrom made the motion to accept the report, make it a part of the SEQR, and to declare a negative determination of no adverse environmental impacts. Mr. Beers seconded the motion. The vote was unanimous and the motion carried. After review of the application, Mrs. Kutcher made the motion to schedule the Public Hearing for November 3, 2005 at 7:30 pm. Mr. Beers seconded the motion. The vote was unanimous and the motion carried. Mrs. Bostrom instructed Mr. Kerzic to notify, by certified mail at least 10 days prior to the hearing, all neighbors within 500 feet of the property. Mrs. Dwyer provided the form of the notice.

Agenda Item 10: Report from County Planning Board Representative – Gene Beers

Mr. Beers was unable to attend the meeting and therefore had no report.

Agenda Item 11: Other Business

Subdivision Regulation Amendment report to the Town Board: Mrs. Dwyer stated the Town Board received the report for their September meeting and will consider it.
O’Shaughnessy Application: Mrs. Dwyer reported no contact from the applicants; therefore, the application is withdrawn. Members agreed.

There being no other business, Mr. Beers made the motion to close the meeting. Mrs. Kutcher seconded the motion. The vote was unanimous. The meeting ended at 10:32 PM.

Respectfully Submitted,

Ann Dwyer, Clerk
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Jane Bostrom, Chair