A regular meeting of the Jewett Town Board was held on October 10, 2007. Deputy Supervisor Charles Kutcher called the meeting to order at 7 P.M. Present were Board members Thomas Hitchcock, Elaine Warfield and Harry T. Wilson.
Also present were Attorney for the Town Tal G. Rappleyea, Zoning Officer William Dwyer, town residents Francis Benjamin, Jeff Loucks, C.B. Slutzky, Helga & Werner Pscherer, newspaper reporter Mike Ryan and the town clerk. Absent was Supervisor Michael Flaherty.
The Public Hearing on Local Law #10 of 2007 was opened. This is a local law “Regulating the Construction and Placement of Outdoor Wood Burning Furnaces”.
There was no comment from the public.
Councilman Wilson made a motion, 2nd by Councilman Hitchcock and carried to adopt Local Law #10 of 2007. Local Law #10 is a law regulating the construction and placement of outdoor wood burning furnaces.
ROLL CALL VOTE: Aye Hitchcock, Kutcher, Warfield and Wilson.
Bids were opened on the Municipal Building renovation in the dinning room and kitchen. Two bids were received.
#1 was from Neko Mechanical for $48,440.00.
#2 was from Transitional Builders for $42,295.00.
Councilman Hitchcock made a motion to accept the bid from Transitional Builders, 2nd by Councilwoman Warfield and carried.
Bids were opened on surplus land located off County Rt. 23C. This is a 2.2-acre parcel known as the “gravel bank”. Three bids were received.
#1 was from John & Sandra Weiss for $15,000.
#2 was from Michael Weiss for $5,000.
#3 was from Robert Middleton for $8,000.
Councilman Hitchcock made a motion to accept the bid from John & Sandra Weiss, 2nd by Councilman Wilson and carried.
The Supervisor's monthly report was given to the Board.
Councilman Hitchcock made a motion, 2nd by Councilman Wilson and carried accepting the minutes of the September 12, 2007 regular meeting, the September 15, 2007 special meeting, the September 19 & 26, 2007 workshop meetings and the October 6, 2007 special meeting.
The Building Inspector's written report for September was accepted on a motion by Councilman Wilson, 2nd by Councilman Hitchcock and carried.
The Zoning Officer gave his written report for September to the Board. Councilman Hitchcock made a motion, 2nd by Councilman Wilson and carried to accept the monthly report.
Councilman Hitchcock made a motion, 2nd by Councilwoman Warfield and carried to reappoint Kathleen Williams to the Zoning Board of Appeals for a 5-year term to end on 12/31/2012.
Courtesy of the floor was opened.
There were no comments from the public. Courtesy of the floor was closed.
A motion was made by Councilman Hitchcock, 2nd by Councilman Wilson and carried to adopt Resolution #17. This resolution is an amendment to the general fund budget. This is an inter-fund transfer A 5031.1 of $1,647.00 to the Town Clerks/Tax Collector A1410.4.
ROLL CALL VOTE: Aye Hitchcock, Kutcher, Warfield and Wilson.
A Public Hearing was scheduled for the November 7, 2007 meeting for a Local Law on Adult Use.
Comments on DEP land acquisition on Scribner Hollow Road were the same as stated at the September 12, 2007 meeting.
The finance committee of Councilmen Hitchcock and Kutcher audited the bills prior to the meeting.
Councilman Hitchcock made a motion recommending the Board approve the audit. Councilman Kutcher 2nd the motion and all Board members voted Aye.
The general fund was $16,868.85 on abstract #10, claim numbers 240 to 268. The highway fund was $29,786.36 on abstract #10, claim numbers 178 to 194.
Councilman Hitchcock made a motion, 2nd by Councilman Wilson and carried accepting the Supervisor's August financial report.
Councilman Hitchcock made a motion 2nd by Councilman Kutcher and carried to remove the signs under the “Welcome to the Town of Jewett” sign, which state, “All Local Laws Enforced”.
On a motion by Councilman Wilson, 2nd by Councilman Hitchcock and carried permission was given to the town clerk to subscribe to the Catskill Daily Mail.
There being no further business the meeting was adjourned at 7:25 P.M. on a motion by Councilman Hitchcock, 2nd by Councilman Kutcher and carried.
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Patricia Merwin Town Clerk RMC
Planning Board
October 4, 2007
Agenda Item 1: Meeting called to order at 7:30pm
Roll Call: Chair: Jane Bostrom
Members: Joan Kutcher, Janet Nicholls, Carol Muth,
J.R. Quackenbush, and Paul Rosedale. Gene Beers absent.
Agenda Item 2: Approval of Minutes of September 6, 2007.
A grammar correction was made on page two of “that” to “than.” Mrs. Nicholls made the motion to accept the minutes; Mr. Quackenbush seconded the motion. The motion passed unanimously.
Mrs. Bostrom brought the Planning Board to current awareness on last month’s agenda. She spoke with Russ Coloton, ZBA chair, and told him of the Planning Board’s discussion with Pat Riley and Skip Dippold. Mr. Coloton will follow up with Mr. Riley and consider a variance for his property.
Mrs. Bostrom asked Mrs. Nicholls to read aloud to the Planning Board a letter she had written to Mr. Tolve and Larry Vanucchi summarizing the difficulties with his application. No word has been heard yet from Mr. Tolve regarding any action he may choose to take.
Upcoming is the County Government Day on October 17, 2007. Mrs. Bostrom, Mr. Rosedale, and Mr. Quackenbush will be attending. Ms. Laubmeier had to defer until a second date on November 14, 2007 as the class on Major Subdivisions was too full.
Mrs. Bostrom and most members received a letter from the Greene County Planning Board concerning procedures for the 239 Review. Since Mr. Rosedale did not receive a copy, Mrs. Bostrom provided him with one and Ms. Laubmeier is to send a letter to the Greene County Planning Board updating the mailing list.
Agenda from the floor: Ken Weber, Application for Special Use Permit for property located at 299 Bailey Road, Jewett, NY, 12444: Tax Map No. 94.00-5-11: Conservation. 7.199 acres.
Mr. Ken Weber brought his case to the Planning Board too late to be listed on the agenda. He has submitted an Application for a Special Use Permit, and paid his fee. He owns seven acres on Bailey Road. Bailey Road is off both Carl Road and Goshen Street. Mrs. Bostrom and Mr. Quackenbush went to look at the property, which is on a steep hillside and in a conservation zone. Mr. Weber has septic approval from the DEP; Mrs. Bostrom passed that letter around for Planning Board to review. Mrs. Bostrom asked Mr. Weber about runoff, and he replied that a spring exists there that will be swaled. He also said that the existing steep 50-foot driveway is not going to be the permanent one, but exists solely for the ease of access for the big concrete trucks to his property.
A conservation zone needs 400-feet of road frontage. His lot is 200-feet plus. A further complicating issue is that the property borders on the Town of Ashland, which requires 239 Review by the Greene County Planning Board. The Building Inspector said it was all set to go ahead until they realized it was in a Conservation zone and bordered a town; thus Mr. Cross sent Mr. Weber to the Planning Board with a letter of reference for Mr. Weber whom he knows as a contractor of good repute.
Mrs. Muth asked Mr. Weber about the slope of the property, thinking in terms of emergency access for rescue and fire personnel. Mrs. Bostrom asked about the number of buildings; there will be only a house and no garage. Mr. Weber said nothing has been done about a well yet. The map provided by Mr. Weber shows parking, but lacks other features the Planning Board would like to see, such as contours and the plan for putting in the swale. Mrs. Kutcher asked about the spring; it is a small spring, and its swale will run around the septic system. Mrs. Bostrom commented that it is not much of a ditch along the road to catch the runoff, and Mr. Webber answered that a town ditch runs alongside the road where his built-up septic of 24-inches will go. He pointed this area out on his map, stating that he will need to bring in 22-inches of fill material. Mrs. Kutcher commented to Mr. Weber that it would be possible to create containment for the run-off in an attractive way, and said that an example of one already exists at the Mountaintop Arboretum if he would like to see it.
A detailed plot plan is needed for a Special Use Permit. The map needs contour lines, the proposed septic, and other missing elements as listed on the form. The Planning Board has the responsibility to attach conditions, safeguards, etc. Mr. Weber has several copies of maps in his folder, which he explained to the Planning Board: these are tax map copies from Ashland and Windham. Mrs. Kutcher said that if the Planning Board is approving a Special Use, that the maps ought to be of the descriptive quality requested for everything else. To his map, Mr. Weber must add contours, the leach field, the septic location, the new driveway, a copy of the Jewett tax map in the corner for purpose of location, a list of the neighbors abutting his property, and the proposed swales. In order to accommodate Mr. Weber and to expedite his process as quickly as possible, the Planning Board agreed to a public hearing at the November 1, 2007. Mr. Weber promised to give us the map prior to this date. This map and a copy of his file must go to the Greene County Planning Board. They have 30 days after they receive the information to respond. The Town of Jewett Planning Board cannot vote without the Greene County Planning Board’s input. Ms. Laubmeier gave Mr. Weber the sign to post for notice of public hearing and the letter of notification to his neighbors. Mrs. Bostrom instructed him of the procedure to follow, including the need for the Planning Board to receive the certified mail receipts as proof that he notified his neighbors.
The Planning Board filled out the back of the SEQR. The question of water runoff came up again, but was answered by Mr. Weber’s intention of putting in a swale. This was phrased on the back of the SEQR as “surface water runoff to be remediated.” A roll call vote was taken on the resolution to give the SEQR a negative declaration. Mrs. Bostrom made the resolution; Mr. Quackenbush seconded the resolution. The roll call vote passed as follows: Mrs. Bostrom – aye; Mrs. Kutcher – aye; Mrs. Muth – aye; Mrs. Nicholls – aye; Mr. Quackenbush – aye; Mr. Rosedale – aye. Ms. Laubmeier is to send a copy of the SEQR to Marilyn Shanahan of the NYCDEP.
Agenda 3: Report from Greene County Planning Board Representative Gene Beers
Mr. Beers had nothing to report in absentia.
Agenda 9: Other Business: moratorium and comprehensive plan discussion.
Regarding the moratorium on major subdivisions, there is to be a special Town Board meeting on Saturday, October 6, 2007 and a vote. Mr. Quackenbush urged every member to attend.
Reviewing the Comprehensive Plan, there is a feeling that the people of Jewett agree upon their goals for Jewett, but some concerns exist regarding the implementation of these goals. In places, the Comprehensive Plan appears to contradict itself, but this is due to the varied opinions expressed in the survey and at public meetings. The Comprehensive Plan also calls for greater involvement by the Planning Board. Also, in the public mind there is the danger of confusing the Comprehensive Plan with the law of the town, which it is not. Any suggestions made in the plan will have to be written into law by the Town Board before implementation; that is an extensive process. The Comprehensive Plan itself does not change any current regulations (or lack thereof).
Mrs. Bostrom advised the Planning Board members to really review pages 9-16 of the major subdivision regulations and cluster zoning for preparation for major subdivision applications, which may come in after the moratorium is lifted. Mr. Quackenbush suggested the Planning Board hold a workshop to review all the things the Planning Board will have to consider. Considerable discussion ensued. We will deal with developments as they occur.
At 9:47pm the meeting adjourned. Mr. Quackenbush made the motion to close the meeting; Mrs. Kutcher seconded the motion, which quickly passed unanimously.
Respectfully Submitted,
Susan Laubmeier, Clerk
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Jane Bostrom, Chair
Zoning Board Meeting
10/03/2007
Roll Call : Chair: Russ Coloton
Members: Margaret Flaherty, Ann Dwyer, Kathleen Williams
Absent: Tod Mallory
The meeting opened at 7:00 pm.
Agenda Item 2: Approval of Minutes of September 5, 2007.
Mrs. Flaherty made the motion to approve the minutes. Mrs. Williams seconded the motion. The vote was unanimous and the motion carried.
Agenda Item 5: Application for Area Variance for Patrick Reilly of 2914 Route 23C Jewett, NY, Tax Map 131.00-1-15 District: Rural Residential. Present: Patrick Reilly
Mr. Reilly appeared before the Planning Board regarding the non-conforming status of his property. The Planning Board determined that the proposal is not increasing the non-conformity of the house since Mr. Reilly will be demolishing the present non-conforming house and garage and will be filling in the present foundation, therefore, this is considered new construction and Mr. Reilly was referred back to the Zoning Board of Appeals.
After review of the proposal, the plans, and the determination of the Planning Board, Mr Coloton made the motion to accept that this proposal is new construction and not an alteration or addition to a pre-existing non-conforming building; the proposal is a demolition of the existing structures and new construction of a one-family dwelling on an undersized lot. Therefore, the next step would be to apply for an Area Variance. Mrs. Flaherty seconded the motion. ROLL CALL VOTE: MR. COLOTON – AYE; MRS. FLAHERTY – AYE; MRS. WILLIAMS – AYE; MRS. DWYER – AYE; MR. MALLORY – ABSENT. The vote was four ayes with one absent and the motion carried.
Mr. Reilly is applying to DEP to use the present septic system which is approximately 63 feet from the stream and 10 feet from the proposed house. Mr. Reilly is proposing a 10 foot deck which would be approximately 38 feet from the side lot line. The plans however reflect a 14 foot deck; he is requesting a 10 foot deck. He stated the minimum size could be 8 feet. The basement would be above ground with a frost wall underneath. Mr. Coloton requested that the north arrow be indicated on the plans. The Board reviewed and discussed the application with Mr. Reilly and recommended including the topography of the land and the flood tendency of the stream as part of the application.
Mrs. Dwyer noted that this property is located next to a agricultural site and therefore an Agricultural Data Statement must accompany the application. Mrs. Dwyer provided the form and Mr. Reilly completed and submitted it. In addition, Mrs. Dwyer noted the complete application must be referred to the Greene County Planning Board for their review. Mrs. Dwyer made the motion to appoint the Zoning Board of Appeals as the Lead Agency for the SEQR review. Mrs. Flaherty seconded the motion. The vote was unanimous and the motion carried. The Board proceeded with the review. Mr. Coloton made the motion to determine that there were no adverse environmental impacts of the proposed action. Mrs. Williams seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer inquired whether the applicant had supplied the plans and documentation for the Building Permit, since the ZEO had not reviewed them prior to the referral to the ZBA. Mr. Reilly stated he had. After review of the additional documentation provided by the applicant, Mrs. Flaherty made the motion to accept the application as complete. Mrs. Dwyer seconded the motion. The vote was unanimous and the motion carried. Mrs. Flaherty made the motion to schedule the Public Hearing for November 7, 2007 at 7:00 pm. Mr. Coloton seconded the motion. The vote was unanimous and the motion carried. Mrs. Dwyer will submit the complete application to the Greene County Planning Board to be considered at the October meeting. Mrs. Dwyer reviewed the notification requirement for the public hearing, the sign posting and certification requirement, and the certified mail requirement with the applicant. Mrs. Dwyer prepared the Public Hearing notice sign and submitted it to the applicant.
Agenda Item 6: Application for Area Variance for Laurie Carman of 90 Cramer Road Jewett NY, Tax Map # 136.00-1-36, District: Rural Residential. This item was scheduled based on a telephone request. No application was received and no one appeared. This request is closed.
Agenda Item 3: Administrative Review of Zoning Board of Appeals Application Activity
Mrs. Dwyer submitted a typed list of all variances granted. Due to the time, review of this item has been postponed to next meeting.
Agenda Item 4: Review of the Draft Comprehensive Plan
Members reviewed the draft and made a number of recommendations. Mrs. Williams will either present them at the Public Hearing or submit them in writing. There were no major changes recommended, most of them were inquiries or administrative in nature.
Agenda Item 7: Training
Mrs. Dwyer reported the October 17, 2007 training sessions were full. Mr. Coloton informed the members that the Town of Hunter is using an online training program to meet the requirements. He stated that one chapter is equal to one-hour of required training. He suggested we consider using it. Mr. Coloton made the motion to either send a letter or go to the Town Board meeting to recommend the training program. Mrs. Dwyer seconded the motion. The vote was unanimous and the motion carried.
There being no other business, Mrs. Flaherty made the motion to close the meeting. Mrs. Williams seconded the motion. The vote was unanimous. The meeting ended at 8:55 pm.
